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 THE BLUNDERS 
 
 OF I'UK 
 
 DOMINION GOVERNMENT 
 
 IN CONNl'XriON WITH 
 
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 THE NORTH WEST TERRITORY. 
 
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 A. S 3? K E C H , 
 
 Delivered by D. MILLS, Esq., M. P. for P.othwell, at 
 
 LONDON, 
 
 JAISIUARY 17TH, 1871 
 
 PRINI'ED AT VHK ADVERTlSliR STEAM JOB OKFICE, LONDON, ONT. 
 
 
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 MR. MILLS' SPEECH. 
 
 
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 [From the London Advortiser.l 
 On Tuesday evADing, Jan. 17th, Mr. Mills, 
 Member for Botbwell in the House of Com' 
 mons, delivered an address on the political 
 aspect of the North West question, before the 
 members of the Reform Association ot this 
 city, and other citizens. The lecturer was 
 introduced by Aid. Fysb. Mr. Mills, who 
 was heaitily received, said: 
 
 • Mr. Chairman and Gentlemrn:— It is 
 impossible that I can feel othmwise than 
 gratified at having; an opportunity of speak- 
 ing to you upon those important matterH of 
 public policy which during thu existence of 
 this the first Parliament of Cunadu have been 
 brought under its attention by Sir John A. 
 McDonald and his colleagues. 
 
 WHY HB OPPOSKD THE GOVERXMENT. 
 
 I was elected as an opponent of the Gov- 
 ernment. I had long been a sfudsnt of poli- 
 tical theories, and political systems. I h ad 
 formed my opinions of the conduct of public 
 men in this country, and I declared most 
 frankly, when I sought the suffrages of my 
 constituents, that I bad no confidence in the 
 men who were then entrusted with the Gov- 
 ernment ot Canada. I knew what their policy 
 had been formerly, I knew the constitutional 
 system under which they had for many years 
 carried on the Government of united Canada 
 and the policy which they had pursued, and 
 I telt that however honest might be their in- 
 tentions, that their political training had 
 been of such a character as to 
 unfit rather than to fit them for 
 giving effect to the new tystem 
 which had been adopted. Our public men 
 had been trained under a system which 
 placed no limitations upon the powers ot 
 parliament. They were about to carry on 
 the government under a system with limita- 
 irftBHRd ^nd- ji pp^ipd • a system 
 guarantees again^t^he pow- 
 ers conferred upon the local legislaffflres; and 
 I felt that without the greatest vigilence on 
 the part of the Opposition, these barriers 
 would be broken down, and the provincial 
 goveramtats would be shorn of their powers 
 
 £-€<<S-<^ 
 
 and of their independence. Under the cir- 
 cumstances, it was evident to my mind, that 
 it would require quite as much care to pre- 
 vent Parliament exceeding its powers tis to 
 induce it to use only for the public good 
 those functions with which it was entrusted. 
 I said at the time of my election that it was 
 my strong conviction that unrlor the policy 
 of the present ministry we Wi;tild be drawn 
 in the direction of a legislative union, until 
 provincial duties would bo usurped by the 
 Parliament ot Canada, giving rise to sec- 
 tional issues such as existed in old Canada 
 before the adoption of the federal constitu- 
 tion. (Hear, hear.) 
 
 PEFEXRE OF THE FEDERAL SYSTEM. 
 
 I know, sir, what reply to this statement 
 will occur to those gentleman who support 
 the ministry because they are nominally of 
 of the same party, who support them because 
 of the prejudices of education, and not from 
 convictions the result ot laborious research 
 and careful reflection They will ask, who 
 is more competent to give effect to the new 
 system than the gentlemen who were its au- 
 thors? But let me ask them, are our 
 present ministers the creators of tbia 
 new system? Is it a system so thought 
 out and elaborated by them that 
 they are more likely to understand it than 
 any one else? They themselves can make 
 no pretensions ot this sort. We know they 
 looked abroad and found it already in exist- 
 ence. Wo know in what respects they de- 
 parted from the original, a departure in one 
 or two instances founded upon an error in 
 history, in law, and in political philosophy. 
 We know what is meant by a federal system 
 of government. We know who were the 
 modern founders of that system, and I say 
 deliberately,nothing done by the Premier or 
 by any of his colleagues indicates in him or 
 in any of them a peculiar fitness for building 
 up, upon this continent, a new nationality 
 upon a federal basis. We know, too, that the 
 various colonies now embraced within the 
 Dominion of Canada were possesed of powers 
 of self-government wnich they never could 
 have been induced to abandon. Whatever 
 then might have been the views of the Pre- 
 
 mier and of others, as to the relative merits 
 
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 s? 
 
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of a |pgi?Iailvo union nnd a fedflral union, 1 
 think it miift havo lipen evident to every one 
 who had fully considered the Hiibject, that a 
 legislative union was excluded by our pre- 
 vious condition from the domain of practical 
 politics. I do not hesitate to cay that it has 
 always been my firm convictio.. that the form 
 of un on which was the only practicable one, 
 is also the one which id theoretically the 
 most perfect. And if a federal union does 
 not work \7ell in this country, it will not be 
 the fault of tho system, but the fault of those 
 wno iro entrusted with its nionagement. 
 (Chfers). There ia Rcarreiy an o'jection 
 which Clin h3 male ajojainst the existence 
 of a local govcrnnent for each province 
 which will not apply equally well against 
 any colony having an autonomy o' 
 its own. If it could bo shown that the 
 powers of the Local Legislaturei ought to bt 
 merped into those of the Parliament of Can- 
 ada, it could by the same process of reason- 
 ing b'j shown as conclusively, that all the 
 powers thus cenlend in the Tarliamont of 
 Canada ought to bo transl'ern'd to the Par- 
 liament ot Great Biitain and Ireland; thnt 
 Colonial Legislatures oiight to bo abolished, 
 and representation had only in that one great 
 representative assembly of the Fimpire. The 
 facts havo r.lways borne their testimony 
 against any ^uch theory. Men without any 
 preconceived opinions as to systems, in seek- 
 ing t'l administer justice and promote the 
 geneiul welfare of a cornmunity, are influ- 
 enced by th(;ii externfl circumstances, or 
 by some princij.Io having its foundationH 
 laid deep ia the hjraan mind. That 
 which ia factitious is gradually eliminated; 
 that which is necessitated by a particular 
 t-tate of society passes away with the condi- 
 tion of Kciety which caused it; and that 
 alone can be permanent among a proQ;ressive 
 people wLich forms apart of an ideally pei- 
 iect sjstem of government. (Hear.) 
 
 Jt you arte yoursdves the question how 
 came there to be several British colonies in 
 North America, instead of one great (depen- 
 dency, you will, I think find it to be thjfs:— 
 that in new comniunities, local and mmiici- 
 pal matters are those of foe greatest conse- 
 quence, and occupy the chief place in popu- 
 lar estimation. The principles involved in 
 legislation and government are then few and 
 simple; and as means of communication must 
 exist between neighbors before great thor- 
 oughfares to distant settlements can be 
 created or made available; so municipal 
 legi.vlation and government must havo made 
 a considerable progress towards maturity, 
 before questions of a larger or more com- 
 prehensive Character in the art or in the 
 science of government attract public atten- 
 tion, or can be advantageously dealt with. 
 As industry removes the barriers which 
 separate neighborhoods, and merges many 
 isolatrd settlements into one; so distart 
 communities having no interests in common. 
 
 and no commercial interconrfe, and which 
 are therefore advantageou'^ly madi' distinct 
 rrovincea in the beginning, gradually In- 
 ciease in population and wealth, until new 
 .'nleresls spring up of a more comprehen- 
 s've character, necessitating tho existence ot 
 some new power to whose oversight these 
 general Interests may be confided. Thus it 
 has ever been with our race. ]jaw and gov- 
 ernment are not things which have served as 
 strait jickets to the English speaking world. 
 They are the outcome of the race — an index 
 of its vlclsMtudes and of its progress. 
 Changes in systems of Government are 
 seldom more than a'fjistments ol the gov- 
 ernment to some new phase In tho political 
 life of the people who are indlvdually suu- 
 j'ct to it, but cf whom in th(» aggregate 
 government is a necessary incident. Look- 
 ing, then, at the history of our race, we may 
 safely aflirm that noVjody can legislate for a 
 people successfully unless tho people gene- 
 rally sympathise with them in the wotk 
 which they have undertaken to perform, and 
 it is becaiise this is so that no large territory 
 CM\ ever be embraced in cm sovereignty 
 under the representative system without 
 local ecvernments ior local purp )3f s. ( Hear. ) 
 The whole history of the world shows that 
 freedom has no home under a consoli- 
 dated government. (Hear.) Men deserv- 
 ing tho name of statesmen perceive 
 that local jealousies drive out of the arena of 
 public discussion great questions of state 
 policy, and seeing ttieir nation in a state of 
 disintegration it ii not surprising that lib- 
 erty is sacrificed to restore order. The ter- 
 ritory east cf tho Mississippi, betwe n Maine 
 and the Gulf of Mexico, wh"n it formed a 
 part of the CriUsh Empire, formed not one 
 colony, but thirteen, and tho autonomies 
 ihu^ created slill remain. I.i British North 
 America, before the Icderal ?>jstem Wiis in- 
 troduced, we had t even provinces; and had 
 we not adopted the principle of federation 
 we would have hid a still larger number. If 
 you look at South Africa and Australia, yoa 
 pee a similar oondition of tbinga. Now, it 
 may be said that it would to cheaper and 
 simpler to have but one great colony in each, 
 of these vast territories. I don't think so. 
 It is, for the reasons I have mentioned, im- 
 practicable; and if it was practicable it 
 would, 1 am certain, be found to work most 
 unsatisfactorily. Before the establishment of 
 municipal institutions, with powers ol" taxa- 
 tion lor municipal purpose^, we all know 
 that gross abuses In the governmp:i' of the 
 provinces existed which called ijudly for 
 correction; but the friends cf reform found 
 their efforts frequently paralyr^d by a threat 
 to withhold the necessary did to local im- 
 provemente in those constituencies that con- 
 demned the policy of the executive council of 
 the day. When municipal institutions were 
 established, this power to control constituen- 
 cies was taken ;iway, and the electovvTngteacT 
 
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 Pfovinc 
 
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ot being compelled to choose between wrongs 
 to be ernlured, obtulued the powtT to deul 
 with each accordin(j to theii" convictions. 
 And Itt me htrf. say. inp'tssini], that with the 
 larg; surplus iit prtserit in the hands cf tht 
 Qovirnmeut of Ontario, the pfoph shauld tnke 
 care that an atteinpl mny ivit be SHr>ie!>s fully 
 mnde to restore a condiiion of things un- 
 known in litis province for thirty years, 
 (H'.ar ) Wo all reco^uizo the Irameiiso 
 stridefl taken by this cuimtry in tha direction 
 ct'tlli'iieDt populnr goviTnuient when mnnU 
 cipul inHtitutioi's wen> secure.!; and it mii'st 
 be e(jUiilly nvid(Mit to every ono who observ- 
 ed th'3 didlonltie.s that tj^rmv up bcf.vecn 
 Ontario iind Qiwboc in c^nscrjuenco ofq'U's- 
 tions peculiar to each having to bo dealt 
 with in a common Legislature that wo had 
 reached a time in our growth when feder- 
 ation was necessary to our wellbiing. Now 
 to abolish local jjoverumcntsaud toestabli.-h 
 ono conHolidalod povt-rnment lor British 
 North America, would bo in some measure a 
 retrogresFivo step, It would revive our 
 formor diflloultiea on an enlarged Pcale. It 
 would be frequently im.ossiblo 1 1 obtain any 
 expsegsion of opinion at an election upon 
 general public qnetstions of vifal cniserjuencii 
 because of those of a local characier which 
 would constantly intervene. Ono section of 
 the country would bo arrayed' against an- 
 other section; geographical parties would be 
 formed; and the very attempt to create a 
 strong and 'compact nation v/ouM result in 
 a )«ew and disorganized one; because in- 
 stead of placing under tbo oversight of a 
 general government only tho?e common in- 
 terests which are elements of cohesion, it 
 would place there those of a local character, 
 which, ijbecauso they are local, become ele- 
 ments ot repulsion. 
 
 If any one should seiicusly propose to you 
 to take from Ontario the control over her 
 own local atfaira, and bfstow the election ot 
 her legislature upon the people of some other 
 province, say Quebec, and upon you the 
 election of their legislature, you would cer- 
 tainly think him mad. You would at once 
 see that you would have no influence in the 
 conduct of your own affairs, and the 
 mischief would be further increased 
 in consequence of the general ignorance of 
 the wants of your province on the part of 
 those to whom Us interests had been entrust- 
 ed. Wrong might bo done, but how could it 
 be remedied when those who elected the legia. 
 lature did not know it to be such, and were far 
 away frdm the place in whicii ihe mischief 
 was felt? The governed would exercise no 
 control over the government, and wh"ither it 
 was sustained or defeated would in no way 
 be dependent upon the policy of the govern- 
 ment within the province for which they leg- 
 islated. This much is so apparent that it 
 needs only to be stated to secure assent. Now 
 the objection to a legislative union ot the 
 Provinces is this, that it would go a long way 
 
 to oit&blish a state of thin.|i like thi.4. It is 
 trug it would not deprive your representa- 
 ti vegtif a voice in your local alf ilrs, but it would 
 make tht»iu a uiicority of the body that con- 
 trolled and regulated them, and the larger 
 the number cl provinces embraced ttic less 
 their lalhionco would b^'come. I am emu no 
 ono who hears mo will belinvo for a moment 
 that I'rlnco Edward's Island would con-eut 
 to surrender her lucal ulfairs to a parlia- 
 ment o' two hundred members in whicli aho 
 had but live. And ii* a wrong was dono her 
 Ly s;ich a body how could she l)y a popular 
 eiiclion redress the wrong about wbich no 
 ono beyond the Island felt any interest? It 
 is not necessary that I should discu.ss (his 
 matter luriher. What I have said is suflicl- 
 clent to hh ow you that each pruvince was an 
 organic centre growing in wealth, In popula- 
 tion, and in the complexiiy nf its relations 
 utitij thoso ligaments Viror.! formed between 
 the diff«;rent provinces which litted them lor 
 a political union. It is also sufilcleut to show 
 you that in the normal grow '> cf 'the colo- 
 nies, a lederal government i uot formed by 
 breaking a greut community into fragments, 
 but by the unioi> of distinc*; political coramu- 
 uitii's as such, making thein oun people by 
 law 80 far only as they are ono people In fact, 
 leaving to thj local government of each pro- 
 vince perk'Ct freedom to deal with all local 
 mattois In consonance with the genius and 
 wi^^he.'S of the people. We have not erred, 
 then, in peeking to unite all I]riti,sh North 
 .\,inerica upon the '"Federal })riaciple." 
 It is the only avenue through which wo can 
 pa^s to political importauco and material 
 l>ro&perity. (Hear.) I felt it nece.ssary to 
 make tlieio preliminary oluervations, lest 
 the fauli.H of the administration should bo 
 charg>'d against the system which has been 
 adopted. (Hear.) 
 
 I.VCOMPETEXCE OF THE MTNIsrUY. 
 
 There never wa? in any coun'ry a mora 
 splendid opportunity for a Governraont to 
 achieve .'uccess in the conduct of public affairs. 
 ( Hear. ) There were vast territories and im- 
 portant provinces occtioied by hardy and 
 enterprising people to be annexed. This was 
 the policy of the Imperial Parliament. It was 
 also the policy of the Opposition in Canada. 
 They were supported by aa overwhuiming 
 majority, loyal— yes, I may go further, and 
 say subservient to them, and ready to follow 
 wherever ministers might lead; and what 
 have they dono? There never was a Gov- 
 ernment which more miserably failed. (Hear) 
 They have increased the public burdens en- 
 ormously without a prospect of a fair return; 
 they have tampered with the banks; they 
 have sought to'destroy the independence of 
 Parliament to make their majority secure; 
 they have expressed their determination to 
 disfranchise at least one fourth of the electors 
 in Prince Edward Island and Newfound- 
 land, should these Provinces enter the 
 
 .^, .,• 
 
 .>»i. 
 
union; tbey have claimed a rlf^ht to 
 exerciBO judicial superiority over the 
 bigbcBt provincial courts in the conntructiun 
 ot provincial law: ; tliey have claimed the 
 power to grant tbe public reveunes to pur- 
 
 EOHes tbat are beyond tbeir control ; tbey 
 ave wantonlv violated tbe conntitution and 
 outraged public sentiment in dealing with 
 tbe North West Territory; so that to-day, in 
 every outlying province in which tbeir policy 
 is liuown, they have made the people boRtilu 
 to tbe union. (Hear.) These are the charges, 
 which, after a trial of three yearn, may *ie 
 Jimtly brought against tbe adminieitrulion. 
 (Hear.) 
 
 ACQUISITION OF TUE TEIIHITOUY. 
 
 It is my purpose to-night to deal princi- 
 pally with the topic which has for the past 
 year occupied tbe chief place in the public 
 miad — the acquisition and governmtul ot tbe 
 North West Territory and Rupert's Land, 
 and I trunt I shall be able to show you that 
 all the dilllculties and all the delay connected 
 with the acquisition of thof-o Territories 
 arose from the want of industry, the want 
 knowledge, and the want ot capacity on the 
 part of the administration. (Cheers ) The 
 position of those Territories was pt-culiur, 
 and in order tbat you may lully understand 
 what has been douo— in order that you may 
 be enabled to fairly judge for yourselves as 
 to tbe wisdom of the policy of the Canadian 
 Government, and of the justice of what I 
 may say with regard to that policy, it will be 
 necessary for me to state to you somewhat 
 fully tbe claims and pretensions of the Ilud- 
 Bon's Bay Company to that great region of 
 the earth over which they for two hundred 
 years exercised dominion by authority of 
 Kojal Charter, and the grounds upon which 
 Canada disputed the pretensions of this Com- 
 pany. 
 
 CHARTER OF TUE IIUDSOX'S BAT COMPANY. 
 
 The validity of the H.B.Co.'s charter was 
 formerly made the subject of discussion in this 
 country and in England, and more thru 
 once it was proposed to have tbe question 
 argued before the Judicial Committee of the 
 Privy Council. But as the II. B. Company 
 always expressed their readiness to surrender 
 all or any portion of tho territory which 
 might be 'suitable for colonization, no one 
 pressea for a judicial decision which it might 
 require a long time to obtain, and which wns 
 likely to be expensive as well as protracted. 
 
 FOUMEU POSITION OF QUKBEC. 
 
 It was, too, extremely doubtful whether 
 the acquisition was really desired by any 
 Government before the scheme for the federa- 
 tion of the provinces was agreed to. It is 
 notorious that many public men in what is 
 now the Province of Quebec, dreading the 
 increase of western representation under a 
 legislative union, were hostile to any exten- 
 sion of Canada to the westward; and it was 
 not until a ministry was formed for the 
 
 purpose of settling the dlfflcultiefl which had 
 grown up between the two sections of old 
 Canada that this hostility ceased. 
 
 POLICY or CANADA MINISTRY IN 18C5. 
 
 In tbe year ISC') tbe Canadian delegates 
 informed the Colonial Secretary of their 
 willingness to grant a reasonable compensa- 
 tion in order to get immediate possession ot 
 the Territories, believing tbat it would be 
 more advantageous to do so than to be kept 
 for years out of the Territories by contesting 
 the Company's claims before a judicial tri- 
 bunal. Now I have no hesitation in saying 
 that I think that was a wine determination. 
 (Hear.) I think so, first, because, whatever 
 might have been shown to have been the 
 boundaries of Canada, while Canada was 
 still a territory ot France, I have no doubt 
 whatever that any judicial body having to ad- 
 judicate upon the claims ot the Hudson's Bay 
 Company would have held that Canada could 
 make no valid claim to any territory lying 
 beyond her wewtern boundary as Oxed by the 
 imperial Act of 1774, which is a meridian 
 line drawn due north from tbe bead waters 
 of tho Mississippi, so that the matter in dis- 
 pute would have been between the Crown 
 and the Company. Again; so little was 
 known at the time of the conquest of Canada 
 of the North \Ve8t Territory, and so long 
 have the Company bfen in poisesdion, and 
 so considerable are the poweru granted be- 
 yond tho mere rights of property, that I 
 think it would have been a somewhat hazard* 
 ous undertaking to bring those rights in 
 Controversy before a court; while as to Ru- 
 pert's land. I think there cannot be a doubt 
 but that their title would have been con- 
 firmed. 
 
 OTUER CIIARTEliS OF THE SAME KIXD. 
 
 The charter granted to the Hudson's Bay 
 Company was not without precedent. There 
 were many others of the same character. 
 Tbe large regions granted to the London 
 Company, to the Plymouth Company, to the 
 Duke of York, to Sir George Carteret, to 
 William Penn, and to others, embracing as 
 they did tbe whole C(uiitryfrom tbe Atlantic 
 to the Mississippi, and from the St. Law- 
 rence to the bowndaijea of Florida, by the 
 Crown, along with a grant of powers of 
 government siir.iiar to the grant made to the 
 Hudson's Bay Company, shows what was the 
 practice, and now to have questioned suc- 
 cessluliy the validity ot* the Hudson Bay 
 Company's charter would be to question 
 successfully the titles to property from New 
 Y&rk to Georgia. Ai art Irom the disincli- 
 nation to overturn imperfect rights of long 
 standing, men of the very highest authority, 
 such as Story, Gieenleaf, and Washburne, 
 in the United State:ii,and Cruise and Scarlett, 
 in England, have not hesitated to give it as 
 their opinion that these charters were valid 
 in law. (Hear.) It is true tbat the mo- 
 nopoly created by this charter was apparently 
 
 i 
 
 •V. 
 
 •"ssrssRsssss 
 
by the 
 
 in oontraTAnlion of a Rtatiito of Jumna the 
 First; but it iae<|iiall7 trii« that tho anbiie- 
 quent conduct ot the [luperial i'tirliament 
 BhowH that it wuH nut intondod to extend 
 that law to the cuiuuieH and plantations of 
 the eaipiro, 
 
 WHY TUESB cnARTEBH WKUK (JUANTED uy 
 
 TUR cnowv. 
 
 Thoflo great charlors wore granted by the 
 IIou**> of Stuart. They were i<runted<iuring 
 a revolutionary neriod. Englaud under 
 maguii charta had already Heen one great 
 change. From the days of Jolin to IhoBO of 
 Edwuid the Fourth, liugland was luled i>y the 
 great Harous. Their aBCt-ndeney end' d with 
 tho fall of Warwicli and the wars of Yoik and 
 Lancaster. Then came the penol of tho 
 dominaucy of the crown. By the time of the 
 Stuarts there had Irom various cauHea grown 
 up another power destined to overshadow that 
 of the nobllily and tho crown, and agi^iuMt 
 this the House of Stuart waged a de.-perate 
 war. When they granted such a large p..riion 
 of this continent to their creatures, it was in- 
 tended to fix the roots ot aristocratic institu- 
 tions deep into the soil of the North American 
 continent. The struggles between the crown 
 and the aristocracy had long before ceaHcd, 
 They were now united, and were striving in 
 a variety of ways to restrain the growing 
 power of the people. Had they succeeded 
 in their designs towards this continent, there 
 would have been a few great lords' propri- 
 etois and a numerous tenantry, something 
 less than freemen and something more than 
 serfs. Such institutions were at that time 
 showing obvious signs of decay in England 
 The great; religious movements there had been 
 produciive ot fierce controversies in which 
 the Stuart kings took sides. Disabilities of 
 various kind?, persecutions and petty annoy- 
 ances, stimulated the emigration of a popula- 
 tion hostile to the Government. The physical 
 circumstances of the colonists, uot less than 
 their own strong convictiousj, fought against 
 the fell designs of the tyrants; and except in 
 this hyperborean regiur, which l^y far be- 
 yoad the confiues ot civiliz.ition, 
 they saw tho basis of their cherished 
 vision melt away like the snow 
 which falls upon the sea. (Chears. ) 
 It is not necessary that I should eay more ot 
 these great proprietories. They indicate the 
 kind ol legacy which that proud cruel house 
 sought to bestow upon the English speaking 
 population of America. They show that the 
 Stuarts vainly sought to do against tho caiise 
 of freedom in America what they vainly 
 strove to do against it in Biitain. With the 
 dominion of the Hudson's Bay Company 
 passed away the last remaining monument 
 of their crimes. Its chilling shadow no 
 longer prevents the growth of our Great 
 West. (Hear). 
 
 C'lIAnAC'TGIl OK THE Ct'MI'.VNV H CI..VIM8. 
 
 The great proprietory of the Company was 
 not merely an estate, but a colony, which 
 hey were authorized to govern. Their pro- 
 tenaiona were not only admitted by aeveral 
 adminiatratioiiH, but by Bevcral parliuiuentH. 
 It la clear, then, that when our present con- 
 Btitution wa.s (stablished, the Knglish Minis- 
 try were not in a position tu act upon the as- 
 sumption that a Gomptuiy which by tho 
 crown, and by parliament, had been fre- 
 quently treated as the lonl jiKiprietor cf an 
 extenaive territory fur two liuudnd yeura, 
 could be treated us a mere trespa:-3';r 
 without authority, and could tran.ifer 
 th.'Re territotiea to Caniula wiitiout its con- 
 sent. (Hear;. TLe Britifh North America 
 Act provided for tho transfer of the.se terri- 
 tories to Caniidii tiy an Order in Council, 
 b\it before the (>aeen could (lo transfer these 
 territories, it wan necessary tlint iLo Com- 
 pany should surrender to tho Crown tho 
 rights acquired by thec'inrtcr. An Act wus 
 passed hy tho Imiieriul Parliament to enable 
 Her Mnjesty to accept the surrender. 
 la this and in every other thing 
 done by thu Engli-h Government, Minii- 
 tera acted in consonance with the under- 
 standing arrived at with tho Canadian 
 delegates In lh(;r). In providing for the ad- 
 mission of tho outlying province's and terri- 
 tories, in tho ratinnor set forth in tho Act of 
 Federation, tho Imperial Parliament wished 
 to leave the matter U3 much as possible to 
 the people to bo adected, and tho only rea- 
 son tor an order in council at all seems to 
 have been to make the compact agreed upon 
 a law above and binding upon tho contract- 
 ing parties, thereby retaining tho federal 
 principle, and extending it to the newly ac- 
 quired provinces and teirilorics. It is too 
 plain to require argument to mal:o it jjevidont 
 that as the Territories wore in tho hands ot 
 the II. B. Company, both as to proprietary 
 rights and government, that they must bo 
 surrendered to tho Crown before they could 
 be transferred to Canada. It ia equally 
 plain that the terms and conditions referred 
 to in the Act, were the terms and conditions 
 upon which tho surrender was to be made by 
 the Crown to Canada, and not by the Com- 
 pany to the Crown. Legally, the Canadian 
 Government could uot be a party to the ne- 
 gotiations until tho surrender waa made to 
 the Crown; yet, practically, it was made a 
 party becau.'ie the Imperial Covorninent were 
 most anxious that the terras upon which tho 
 Company surrendered its rights to the Crown 
 should be such as the Government of Canada 
 could accept. 
 
 COANOE OF POLICY HY THE CANADIAN 111X13- 
 TKY. 
 
 Now let me ask you, did the Canadian 
 Government adhere to the course marked out 
 in 1865? So lar from doing 60, they asked 
 the Imperial Government to transfer the 
 
Tcrriloiu'ii wilboui mijr tniiuiautl coiidlilonn 
 htilag nvt thrU), lotivlnij: tho Company toHiah 
 rigbifi UH thuy uii<iil 1)0 utile lu cHtiihlJMli In li 
 Cunadiuii com I ot jinticv. iMxy MlMiouluny 
 teriiiH luiil cotidiiiorM, brcttUHo to HHy Ihut 
 proprny should not lj« taken fr<m tlm ovii- 
 urw, Idit I'lat llwy stiuulU liave a 
 right lo tha protfction of tho coiir'o, 
 Coiilil hciirci'ly i)i( outinltierL'd lU'CfHHiiry Ut the 
 duo iir.itcct.ou <,l liny one in tln» HiiiiHli cm 
 piro. (Hear.) How iiny cliv-.s ot mt ii wlio 
 Lad uiiy kiiowled^.o vt tho ."iilji'd, could 
 havo oiiti'i'tiiiucd such a iioiicy it i^, intlt'td, 
 (lilllciilt lo conciMVL', iiul how iho lirnt law 
 ollluor of tho (Jrowii in (jun'ila could havo 
 beoij u |>iU'ly to Kiioh u iiolicy ii Hiiii im»u» 
 woudtirl'itl. (.Hoar.) 
 
 WllV THE rOMCV WAS (.II.V OKD. 
 
 Did hn in thin nialcr anHcrit to a cource 
 that ho iiiii.''t liavo kmowu could <M)d in noth- 
 ing, at tho cariit'.-it wolicit vtion of bin col- 
 IcLif^ues who h. d (;hari;o ol' ih«) njattor? It 
 would Hi'oiii i-o] an<l It I wwrn to tell you 
 why I Ihiiilt Iho origiiiul dotcrminatlon was 
 depailcd Iruni 1 would any it was becaiisH 
 Mr. iJrown. who wa^ thou a niininlor o( the 
 Crown, had h(^come a imity to tho pririci[jle 
 of coniixuisation in 1 •(;.». !(' now tho lin- 
 porial Govornin'ur, uliei a iaiiso of noarly 
 200 yoarn, alter the passii);: of nnmwrouH acia 
 of ])arliamtuU recon;nizIn;^ tin pretPnsiona of 
 tho Company, an<l after procei'dinp; u[ion tho 
 asuinption that tho charter of tho Compiny 
 was valid, could havo b<'ini induced toif^noro 
 their past act.-', and transft-r tho Territory po 
 long in tho posHesr-ion of tho Company to 
 Canada without coniijcusatiop, and witliout 
 any formal eiirrendor by tho Company of tho 
 grant from tho (jrown, it wouhl have been 
 at once said that Mr. Uiown in 18G5 had be- 
 trayed tho intertstij of Canada in acfjuiring 
 a great country by iip;ht our own. (Hear, 
 hear.) And when wo all know to whatexteut 
 the Reform party ar.i sought to bo made by 
 their oppoiieut,iru3|jonsll)!o for every thing Haiil 
 by tho Globe, and lor everything done by its 
 proprietor, it i3 not dillioult to predict with 
 a good deal of certainty what would have 
 been f-aid of us by the ministry and their sup- 
 porters had ministers succeeded. (Hear.) 
 For although tho principle of componHation 
 was assented to by tlics(3 same ministers In 
 18G5, it cannot for ono moment bo doubted 
 that had i hey succeeded thoy would havo told 
 us they did not really approve of what bad 
 been then done. (Hear.) They would have 
 eaid that they yielded from good aaturo to 
 tho mistaken policy of a colleague; that they 
 admitted technically their responsibility ;but 
 that as a matter of fact they did not approve 
 of such a course, and what they had since 
 done was suflicient to show that they never 
 intended that the interests of the country 
 ehould suffer. As might have been expected, 
 the Hudson's Bay Company refused to assent 
 to such an arra::)gomeat. They claimed not 
 
 otily a loo in tho ^oil, but a grant by the 
 Crown of powori of government and certalo 
 special privileges »s well, and It was Impoa* 
 siblo to refer their claims to a Canadian couri 
 of ju4tlco except by lirst taking (rom them 
 without duo prucons of law a portion of what 
 they claimed. Tlio nature of the ca.so forbid 
 tho Imperial Governm-ut u«-:entlng to tho 
 courso tho Canadian Governmont wished to 
 pur.-*uo. Il^d Bueh a course been entertained 
 by the Imperial G.vcrnmentthey would havo 
 b, en at onco met, as 1 h tvo no doubt thoy 
 were met when tho Hudson's U ly Com|)any 
 saw that tho policy of tho Canadian Govern- 
 UKUit was Hustaintd by tho Canadian Tarlia- 
 niont, by tho declaration on the part of tho 
 Company ot their |»o!itioal rights legally 
 vested m thembylh(ir charter. (Hoar,) 
 They would havo fald, "If our clainn aro 
 well founded In law, jou havo no nower to 
 do what JOU propo-ie. Wo aro realy to de- 
 fend our lUhts boloro a jadicial tribunal corn- 
 patent to dec! le. Unlil Ihi'y uro judiilally 
 piHtiod upon, you thit Government of EMg- 
 land are bound to follow tho opinions of Par- 
 liament, which has recogniz'd our rights. If 
 Canada thinks our olaiui;i b,ul, why has sho 
 not compelled us to defend them boloro tho 
 only tribunal competent to sot them aside it 
 baii " The Imperial Govi'rnraont, very pro- 
 perly, refused to tit in judgment upon tho 
 ciaimsof tho Company. They said to the 
 Canadian authorities, you cannot respect 
 Fiich lights as tho Cou^paiiy may establish, 
 for among thorn is a right to govern tho 
 country, which yo\i nsk shall bo abiolutely 
 granted to you; a right which may bo of tho 
 greatest conse(iuenco to tho Cumpaiiy as 
 ancillary to tho prolUablo enjiymenl of their 
 property. Had tho course marked out by 
 the Canadian ministry in 1807 boon po.^sible, 
 it is clear that a largo portion ot tho Com- 
 pany's ;"ights would have been taken away. 
 Its right's of government would have beeu 
 gone forever, and the caso it would havo had 
 to Bubrait to any judicial body in Canada 
 would have been trimmed down by a tiraple 
 order in uouncil to half its original propor- 
 tions. 
 
 DELAY CONSKQUENT UPON TUIS CUAN'OE OK 
 POLICY. 
 
 Well, sir, the result of this change of 
 policy was that we were put bick more th ut 
 two years in acquiring possession of tho 
 Territoriep, and tho ministry were then com- 
 pelled to begin their negotiations at tho 
 point they were left by tho delegates in 1805. 
 (Hefir.) There were, as I have intimated, 
 but two courses open to them, either to con- 
 test the validity of the Hudson's Bay Com- 
 pany'i claims before the Judicial Committee 
 of the Privy Council, or to purchase the 
 Company's rights through the agency of the 
 Crown. At first they did neither. And the 
 course adopted in the beginning wore so 
 much the appearance of petty knavery that 
 it 19 a matter of astonishment that any Gov- 
 
 ■'di<&i0Si. 
 
 MINI 
 

 / as 
 
 of their 
 
 out by 
 
 possible, 
 
 ho Com- 
 
 jti away. 
 
 vo baeu 
 
 avo bad 
 
 Canada 
 
 tiinplo 
 
 piopor- 
 
 ange of 
 orci tlian 
 
 of tho 
 ben com- 
 
 at Ibo 
 ia 18G5. 
 timated, 
 
 to coa- 
 ly Com- 
 ommittee 
 base the 
 cy of the 
 
 And the 
 wore 80 
 rery that 
 any Gov- 
 
 ornitirnt conld bavw onlprinlnod it. It bvi 
 lb« ♦■n»Ht of placini( tbn Company and lb<ir 
 factors In oppi.Hllion to CurifKa. Siirvt-yoiH 
 were rem Into tho Nonb-Wcst Territory 
 to rniip out tho lanU nnd to muk« 
 roadf. ; no Jtrurt wum mado to como to 
 an undfintiindinf? with the people, or to 
 malto ttio iiit4MitiunH of Canada known, tmt a 
 coiirHO waH ndojitpd which mado it poHsibln 
 for tho i\ij;cntH of ihp Company to arouse iio 
 (it^rcofit hostility against Canada nod Caja- 
 dlans 
 
 MTMSTKnsont.iaF.monKTnnN to the i'Oi.uv 
 OF 18G5. 
 
 Hiving complolely Tilled in the ir nrw 
 policy, the next step tak»'n liy nilnistcrrt wuh 
 to roiiirn to tho ])iiucipU) of coiiipttnHatiori, 
 and tho Company ugiotvl to -surrender tlivir 
 righlH to tho Crown \ipon the payment ut 
 X^OOOOO htcrliiijr, retalninp; wrtuiu luntii 
 about their ioii«, und onu Iweutietb uf tlio 
 and.i witliin the tortile belt. 
 
 mOVISIOXS MADR FOll aoVKRXIXO TUB COVV- 
 TRY. 
 
 Now it will not bo forgotten that tho 
 government, hi foro tho tianf-liT tocl< place, 
 called upon i'drliamout to provide t»'mpij'- 
 arily for tho Government of the North West 
 Territory during tho period that might 
 .elapso between the tram- for to Canada and 
 thoffwl meeting oi rarliiiment. Tho fystem 
 provided was arbitraiy und without any ro- 
 prescntativo leatures. (Uear). And hero 
 let me say it was objectionabli) to the old 
 rulers in the Territory not because it gave 
 very little r.uthority to tho territorial govern- 
 ment, but H w bi'cau.-e it in r.o way cma 
 nated from tho ])'.!Oplo ovi r whom it was to 
 exercise tliat authority. It was not only an 
 aibitrary creation, but the people saw that 
 it was an outside crealic ; that thel^\^«re 
 to be put under tho suttlers and cairfploliow- 
 ersol the governmeat ut Ottawa, (llt&r. ) 
 
 UOrr.a OP THE WINTER I'ARTNKHS 
 
 Abotit the time that negotiationb were con- 
 cluded for a transfer (t the territory to Ca- 
 nada, f-pidioalion was mado by tho winter 
 pal tnera ol the Company for a fihare of tho 
 money which was about to be paid by 
 Cancda. This was refup^fd, and they were 
 informed by Sir StalTord Northcote, that not 
 being ehareholdera they were not cntitVd 
 to any portion of the money to be received by 
 the Company lor the extinction of their 
 rights, but as they were well acquainted with 
 the country and were pcsessed of influence 
 with its present population, they would no 
 doubt be called upon to f h ire in its govern- 
 ment and would under tho new regime hold 
 positions quite as lucrative as any they held 
 under the Company. They could scarcely 
 in fairness demand any compensation from 
 the Company when they were not likely to 
 suffer by the change. Whether this matter 
 was spoken of to Sir George E. Cartier and 
 
 Mr. McDoiigfiH, and wh»^Hirr tloy pi.v«» to 
 Sir Siallord Northcoto any a^furanco that 
 tho Government of Cutuiilc, in inukliifp' pro- 
 viidon for tho Goverouui.t «.| the Noriii 
 Went, would not overlook ih" clivlnn of tl 080 
 (iictorsof the Coin|tiuiy to tf.tir coii'ud'ira'ioD, 
 I will not prnend to *.\y. The hones 
 awakened by n conimuiiuatlon cf \\\n 
 kind weie et fuch a cliiracter as those 
 which would naturally occ ;r to the winter 
 purtueiH tliernn Ive.i. \,'\ i!i'» hero Hiiv that 
 1 don't maiuluin that ttiiy were great ioveis 
 of libeity who were .Oiiiiy to ta«o up Ptraii 
 becauHO a reprcieutativo c; nem of j:overn- 
 ment was not at onco 0:'tat))i:^!^pd. Cut they 
 bolievi'd they wru cntlilo.I to nh ire In the 
 government of the couutrj. They I elieved 
 ihiit if the entire government wan iirbitmrlly 
 created by the Government at Ottawn, that 
 H.ill it would iio created Mom nnteriul found 
 1:1 tho territory, and v. hou tliey found that 
 the onti re govern. Tien t v.'as about to lie im- 
 ported from abroad, it was not Fur(,riblng 
 that they werc! iadignanf ; thr>y believed that 
 if repreiicntativo government had been given 
 them they would have held tho.so places that 
 they felt the Ott'iwa Government oup;ht to 
 havo bestowed tipnn thrm. and which per- 
 haps they would have been content t > re. 
 coivo along with an arbitrary pyslem. (Hoar) 
 
 TliU WAV TUKY AnOlSEO TIIF. irAI,F ntlEEDS 
 TO UKSIST MACHOUGAI,!,. 
 
 They were rf .solved to prevent tho now 
 j;oveinment oldaining a foothold in the 
 country. The peoplo were asked bow they 
 liked being sold to Canada. They wore told 
 that CatiUda had alway.s m lintaiacd lh%t tho 
 Company had no VHlid claim 1o the Terri- 
 tory, and they^wero ai=ked if they fujiposod 
 tho Canadian' {Joveniment wo Id respect 
 titles to land obtained from eucl: a Eouroo. 
 They were abked, " Are you so implo aa 
 not to know what thepreponco of i;:oge sur- 
 veyors mean. They will Foon havo their 
 satraps here to govern all of us." After the 
 appointment of McDougall to tho governor- 
 ship, they said more. Th3 French half- 
 breeds were informed that the enemy of tboir 
 religion and thoir race was coming to rule 
 thorn. Tho whole pettlemont was [)\\i into a 
 state of feverish cxciteuiont. No one can 
 have failed to observe that, with the excep- 
 tion of the low Ciinuclian settlors in the Ter- 
 ritory, the whole population assucod au 
 attitude of active or passivo hostility to 
 Canadian aulhotily, and Protestant no less 
 than Roman Catholic demanded gecarity 
 before submitting to Canadian rule. (Ilaai, } 
 Ihe French half-breeds, led on by Uiol, or- 
 ganized resistance, and the Tcviitory not 
 having been transferred to Caaada, they did 
 not feel that they were either traitors or 
 rebels in resisting a government that had as 
 yet no authority in fact or in law; and they 
 knew they had the moral support of Gover- 
 nor McTavish and other ofliccrs of tho Com- 
 pany. Kiel, I doubt not, iatended to bring 
 
 
 ^-*^*'^ ^itkj^%% «^.||^ 
 
 \ 
 
 > - *. 
 
 ''*^^wiP'^**^^W».TL. "V • 
 
8 
 
 about annexation to the United States if he 
 eiuld, but in this he completely tailed. What 
 the French half-breeds wanted was security, 
 not a change of allegiance. (Hear.) 
 When it began to be believed by 
 the French half-breeds that Canada 
 had no designs against their pro- 
 perty, they were ready to disband, but 
 the miscreants who had apsumpd thm direc- 
 tion of affairs intimidated them by the cruel 
 murder ct Scott. I will not say that there 
 is any member of the Government who fa- 
 vored Kiel's escape. I will not say there is 
 one who would not favor his punishment if 
 taken. There are imperfections enough in 
 human nature, without bringing forward any 
 charge po disgraceful. (Hear.) The fault 
 is in pursuing a policy which not only ren- 
 dered what happened possil)le,butinevitab e. 
 (Cheers.) The haU-breeda may be an igno- 
 rant people, but they are at the same time a 
 peopUf upon whom the restraints of govern- 
 ment never pressed; and being at once both 
 ignorant aud free, it was of the utmos* c )n- 
 sequence that it should be obvious to them 
 that their rights would be respected and their 
 general welfare promoted. (Uear). 
 
 DISREGAKD OF THK FEELIXG OF THE f-BOI'LE 
 IN THE XORTUWEST. 
 
 But instead of this the Government was 
 about to have been established for the benefit 
 of those who were to govern. Those who 
 had humbled themselves at Ottawa were to 
 have been exalted at Fort Garry (hear); and 
 as a reward for parliamentary dependence at 
 home, the faithful were to have been raised 
 above want abroad. (Hear.) Thereis no 
 one of any nationality or of any religion in 
 this province who defends the murder of 
 Scott. But who does not see that folly would 
 have gone unpunished had there been no re- 
 sistance? The Government of Canada had 
 grossly failed in its duty; is it surprising that 
 the consequences of that failure followed? 
 (Hear.) It is a necessary law of social well- 
 being that the wrongs done by those whom 
 we permit to exercise authority injuriously 
 affect ourselves (hear), and we are 
 thus made guardians of each other's rights. 
 
 I have so far considered the general policy 
 of the Government with reference to the ac- 
 quisition and provisional government of the ■ 
 Territories. I shall now proceed to consider ' 
 how far the coarse pursued is consistent 
 with the British North America Act, and 1 
 trust that I shall be able to state my views 
 with sufficient Clearness to enable you to ful- , 
 ly understand the grounds upon which I ob- \ 
 ject to the policy which has been pursued; 
 for I am sure, sir, this assembly is far too 
 Intelligent to accept implicitly any proposi- 
 tion which is not a mere matter of fac^ bu* 
 of law and reason, upon a simple aasertioa o 
 mine. 
 
 ^/^^ 
 
 ,^— 
 
 UNC0XSTITUTI0NA1I.ITY OP 
 ADOPTED. 
 
 THE CODRSB 
 
 By the B N.A.Act it is provided that it 
 8h?,ll be lawful fur the Queen, by and vj^ith 
 the adv'ce of Her Majesty's Most Honorable 
 Privy Council, on addresses from the Houses 
 of the Parliament of Canada, to admit Ru- 
 pert's Land and the North Western Terri- 
 tory, or either of them upon the terms and 
 conditions in the addresses expressed and as 
 the Queen thinks fit to approve, sulijoct to 
 the provisions of the B. N. A. Act, and the 
 provisions in that behalf shall bare effect as 
 if they had been enacted by the Parliament 
 of the United Kingdom of Great Britain and 
 Ireland. In the case of the admission of the 
 Colonies having a representative government 
 the address must be adopted by the Houses 
 of the provincial legislatures as well. Now 
 it is important to understana what is meant 
 by " terms and conditions." It is quite 
 clear that so far as the provinces are con- 
 sidered, by terms and conditions is meant a 
 subsidy, a distribution of power;?, and a local 
 constitution, and it would be diflicult to un- 
 derstand how it w IS that a provision ';f the 
 Imperial Act could moan one thibg when ap- 
 plied to the provinces, and another and very 
 different thing when applied to the territories. 
 
 WHAT ra ESENTIAL TO A FEDERAL SYSTEM. 
 
 It is of the essence of the federal system that 
 the local constitutions should not be subject 
 to change or alteration by the federal gov- 
 ernment. (Hear.) There can be no federa- 
 tion if the so called federal authority is the 
 source from which the local authority is de- 
 rived. ( Hear. ) The very object of an Order 
 in Council was to give an Imperial origin to 
 the local constitutions. (He&lr.') The Par- 
 liament 0^ Canada might have provided for 
 a territorial government; it might have pro- 
 vided that its powers should be derived from 
 f;Mi might have provided that it should 
 me a Province of the Dominion upon cer- 
 conditions set forth; and all these pro- 
 ns could have been made a part of the 
 r-"*' Act by an Order in Council. But 
 
 nothing of the kind was done. The legislation 
 has been of a kind unauthc:'zed by the or- 
 ganic law, contrary to the principles of the 
 federal system, and in contravention of some 
 of the expr< -^ provisions of the Imperial Act, 
 and such as Her Majesty is inhibited from em- 
 bracing in any Order in C(>uncil. It is quite 
 clear that what could not have been embrac- 
 be in an Order in Council cannot subsequently 
 be done by any authority which an Order in 
 Council can confer. 
 
 I say, then, first, that no plan of govern- 
 ment having been set forth in the Order in 
 Council, as the law required, we effectually 
 closed against ourselves the way open to the 
 admission ot any portion of the North West 
 to the Union by our own Act; and all we 
 had power to do was to provide for i t a colo- 
 nial government. The Act ot federation did 
 not give to the Government of Canada power 
 
^VT 
 
 WMii 
 
 2!^:-v 
 
 v^-*^ 
 
 )F THE COUBSB 
 
 I. 
 
 I provided that il 
 een, by and vjith 
 '8 Most Honorable 
 B8 from the Houses 
 ,da, to admit Ru- 
 b Western Terri- 
 on the terms and 
 3 expressed and as 
 pprove, BU»(joct to 
 . A. Act, and the 
 hall hare effect as 
 i>7 the Parliament 
 
 Great Britain and 
 le admission of the 
 itative government 
 9d by the Houses 
 res as well. Now 
 aa what is meant 
 )ns'." It is quite 
 rovincGS are con- 
 litions is meant a 
 powers, and a local 
 
 be difliculi to un- 
 i provision cf the 
 Dne thing when ap- 
 3 another and very 
 'd to the territories. 
 
 PEDEKAL SYSTEM. 
 
 ! federal system that 
 ould not be subject 
 f the federal gov- 
 e can be no federa- 
 al authority is the 
 lal authority is de- 
 y object of an Order 
 Imperial origin to 
 (Hear.') The Par- 
 have provided for 
 it might have pro- 
 iild be derivedfrom 
 Mded that it ehould 
 Dominion upon cer- 
 and all these pro- 
 made a part of the 
 •r in Council. But 
 one. The legislation 
 ithc:!zed by the or- 
 he principles of the 
 ntravention of some 
 of the Imperial Act, 
 s inhibited fromem- 
 j(>uncil. It is quite 
 t have beenembrac- 
 cannot subsequently 
 ' which an Order in 
 
 no plan of govern- 
 rth in the Order in 
 irod, we effectually 
 the way open to the 
 of the North West 
 wn Act; and all we 
 jrovide for it a colo- 
 ^ct of federation did 
 ent ot Canada power 
 
 Purchased 
 From (^ » ^y^^^L> 
 
 ^^^=&^A±a 
 
 ^juuC^ 
 
 Place of Purchase \JK'^^*-€ ^ca^>~L 
 Price (oC 
 
 Later Catalogued Prices 
 
 w^b tt« Parliament of Canada may noT 
 tdM «irif T li H dof a not, it fa not ff derail/ 
 ^SA to Oa»a4a. It ia not legally wnitf^s 
 ta i ta4«t»lt union *^o^ ^ prtvlded for. 
 (fliMurO 
 
 JpA^tKM^W «*PWfBI,T PBOSUBIWD BT TH» 
 B. W. A. ACT. 
 
 Bat bla l^»ot al), ^ I »*«» V*»p *^ 
 -*-^t* p«BVlM»i|ti**W Union, and Off 
 
 i(mm *» ^ »r«*wwiB or tk« b. n. 
 
 , «^b 4idif«* tite jrtUM5pl# of »p. 
 tliit »e^%| 40 |Ki|Mg»lMi Bfcall 
 
 4^1nMtHftttott jite jIffHwsial 
 i1».»r»enaie iot m ♦«»»«« 
 
 ' t«tf|t*H«i* tlrfawirt- 
 
 HltlUiAllWttklffttflM 
 
 X,*«?.**r*fe' 
 
 •'f 
 
 [Dtt&t»*i#t3r- 
 
 Ttmit«#i» 
 jell, dr, 'P» 
 oTall tWt' 
 
 tbtUll|ri»«r 
 
 la#y. «f JbM» 
 
 
 all 
 
 aeUctt wbai «t1U we 
 sin 
 
 to i^1h>ai.»#wii 
 nrinorple of action «• »*» ^^i!* ^2 
 SesM on a level witK ^J^^^ gj 
 Stag atout the utiUty of tojg»t^ 
 oottlBC tt«T *re to be the moo koa «^»W'» 
 oftSlTiSow." But, rir, lyn «n«i»^«^S 
 
 dfat«KM>e« in V t«tjtw^ « f JJff^J ' 
 
 lis •STf* *JJiTf» f4^w* 
 
 oSSI ^ndaanatory of tW goTejuwnt. 
 (Lowftofceara.) '^ ■ 
 
 to tte qUtioii of the ftk!«m ofm m^ 
 
 Mf . Mil* waa londly ♦pftiHja <» t«Wf- 
 
 ingbi««««t. Aid. Cam^rnj«py«d»t^ 
 
 ■ddaMk wbieb wa» daly wooaded, mtd 
 Tlha maatlng tben disperMd. ' 
 
 ^i( 
 
 * 
 
 ? ^ 
 
 % 
 
 
at vjnivu 
 
 about anii'^xxiic 
 
 C mid, l)ur ill thi 
 
 the Ficncli li'.lt- 
 
 not a chuii;;^*^ 
 
 Wlicn it beg 
 
 the French 
 
 had no di'?i 
 
 perty, they we 
 
 the niisereanla 
 
 tion or airUrs in 
 
 miirdtT ol ►Scott. 
 
 if any inemher ( 
 
 vorod Ivi'd's psc: 
 
 onn who would 
 
 taken. There ; 
 
 human nature, i 
 
 charj;:! fo dii^gi 
 
 iH IP ])ur.-uin:,' a 
 
 dered what li ij>i 
 
 (Clieers.) The 
 
 rant ixopln, but 
 
 people upoTi \vh( 
 
 tueut never pre-'.<u, auu 1/1.1.^ ui. .jn.^v^ ...^.n : 
 
 ignorant and true, it was ol the utrn:>.s' c m- | 
 
 .sequence tlia' it should !)(.> oIjvioum to them 
 
 that th;^ir ri^uit-s would le re.^iieoted and their 
 
 general weiiare iiruniotod. (Hear). 
 
 DiSREiiAi:;) OF riiK kkkux.; of tuf. r.v.".i'r,K 
 
 IX THE NOKTH .VKST. 
 
 But 5n:-'e.rl 0! lhi« the (Tovern:ueiit was 
 alujot to have been established I'or the benefit 
 ol' those who weie to ;j,overn. Thos-^ who 
 had humble:! thera.-elve-! nt Oltawa v.«r« t') 
 have been exalted al Kurt Gany (hear); and 
 ai? a reward Ibr parliaiaenlary dependence at 
 home, the raithlul were Id have been rais d 
 above want abroad. (Hear.) There is no 
 one of any nationality or of any religion in 
 ihi;? piovime who deiendH the murder of 
 Hcott. But wh J do: .s not see that folly v/ould 
 have gone unpunislied had there i)een no re- 
 eistance? The (if.vernment of Canada had 
 grossly faile'l m its duty; is itisurprising that 
 the coriseituen;es of that lailure followed ? 
 (Hear.) It is a nrcessiry law of social well- 
 being that the wrongs done by thi.pie whom 
 we permit to e:ct'rci-;e authority injuriously 
 iJlect (.nrsclve.s (hear), and we are 
 thus made gr.ardir.n.-? of each other's r'glita. 
 
 I have so far c ;n,-ndered ihe g.=^Deral policy 
 of the Government with refeience to the ae- 
 (juisitii'n and proviMonal governinnit of the 
 Territories. I shall now proceed to consider 
 how far the courf-e j)!irsued is consistent 
 with the IJ'.iiish Norlh America Act, and J 
 trust that 1 shall bo a'oie to state my views 
 with putli^ient Clearness to enable you to ful- 
 ly understand th(i :.nounds upon which I ob- 
 ject to the policy which has been pursued; 
 for I am sure, sir, this assembly is far too 
 Intelligent to accept implicitly any proposl- ^ 
 tion which is not a mere matter of fact, bnti 
 of law and reason, upon a simple assertion of^ 
 nine. / 
 
 siiK^n'ii, oy leniis a;;(i uoeciiio'is i« meant a 
 subfidy, a distribution of [lowers, and a lucal 
 constitution, and it would he diliiouli to iin- 
 dersland how it w s that a provision ',f the 
 IinpiMiii! Aot could mom ciio thing when ap- 
 plied to the provinces, atui another and very 
 ditrf-r(;nt thing v, hen ai)plied to the tersitoiies. 
 
 WHAT rS KSKNTIAI, YO A FKI)K1;AI, SVSTKM. 
 
 U is ol the f sseace ol the federal svsiem that 
 the local constitutions should not be sul ject 
 to change or a'teratien by the fi'di-ra! gov- 
 ernment. (Hear.) There can be no federa- 
 tion i! the so called federal authority is the 
 source from wliich the local authoiity is de- 
 rived. (Hear.) The very object 0! an Order 
 in Council was to give an Imperial origin to 
 the local constitutions. (Hear) The Par- 
 liament of Canada ndght have provided for 
 a territorial g ivernnu nt ; it might have pro- 
 vided that its power-i should be derived from 
 ; it ndght hi.w provided that it rhoutd 
 ij(>com(^ a I'rovince of the Domiiiion upon cer- 
 'tdn conditions set furtb; and all these pro- 
 visions coidd have Ix-en made a part cf the 
 Imperial A t by an Ouhr in Council. Hut 
 nothing of the kind was done. Th(> legislation 
 ha,«i been of a kind luiauihe 'zed by the or- 
 ^ vrdc law, contrary to the ; itieijiles of the 
 lederal system, and in con!ii..ention of some 
 of the express provisions of tj'! Imperial Act, 
 and such as Her M.ijesty i- inidbited from em- 
 bracing in any Order in C' ;incil. It is quite 
 clear that what co'dd not ii'ive been emttrac- 
 be in an Order in C'lnmcil cannot sub.si'quently 
 be done by any atilhority which an Older iu 
 Council can confer. 
 
 I say, then, first, that 1:0 pdan ol govern- 
 ment having Ijeen set forth iu the Oraor in 
 Council, as the law requiied, we eliectually 
 closed against ourselves the way open fo the 
 admission of any portion of the North West 
 fo the Union by our owr. Act; and all we 
 had power to do was to provide for it a colo- 
 nial government. The Act ol federation did 
 not give to the Government of Canada power 
 
 to creafe 
 it<in. It f 
 ibBt tbe-cei 
 miebt not 
 and it pio\ 
 m&king tb( 
 Vfbalt a \ 
 Manitoba, 
 wbicb m.13 
 Ifgitlaticn. 
 the nifferf.: 
 (Hear.) I 
 chargirg t 
 iDTalid in 
 belcngp to 
 in Manito> 
 Local Lfj 
 powers as 
 choofP to a 
 
 HOW THE 
 
 Now the 
 validity ol 
 be tested, 
 which the 
 take away 
 united to < 
 for a ledc 
 (Hear.) 
 
 PROTISIOKI 
 
 But this 
 general qn 
 to admit a 
 your atten 
 A. Act, 
 rei;entatioi 
 not be 
 the Unic 
 Hicn entit 
 Eouse of ( 
 about to f 
 was made 
 repreFenta 
 province c 
 Prince Ed 
 were kcov 
 but as not 
 
 wrst^TD P 
 terof sena 
 ;i!ji'OTided 1 
 ' \vhfD the 
 
 ■ tr.'ioput, 
 the Hppoii 
 look at th 
 
 
 y 
 
mcani; a 
 ii'l a local 
 'h to iin- 
 jii 'J the 
 when ap- 
 and vnry 
 pnitoiii^s. 
 
 »V.STK\! 
 
 ^U'tn that 
 
 Jfl SUl ji'Ct 
 
 r.i! fjov- 
 K) ((-dera- 
 ity ii the 
 i'y iM de- 
 ' an Ordor 
 origin to 
 'J'he Par- 
 tvidf'd for 
 have pro- 
 ivt'dtVom 
 it pbould 
 \i\)on cer- 
 hcse pro- 
 irt cf ihe 
 icil. ]iiit 
 t'^itilation 
 <y the or- 
 Iffi of the 
 '1 of some 
 L'riai Act, 
 in-m oin- 
 t iw tjuitc 
 erni>rac- 
 ■■''(liientiy 
 Older iu 
 
 Aoveru- 
 Oiaor in 
 IV'ctualiy 
 ^n fo the 
 rth West 
 id all we 
 t a colo- 
 itioii did 
 la power 
 
 io crea<c Iccsl gcvfirra'Dle. II created 
 
 tt<iD. Jt g&Te to iLtni the tttae high origin 
 
 ibat the'cemrBl goTtrtn.t-nt hae, that tbfy 
 
 misbt not be nifjfct to its eicicacbment. 
 
 and it protir^ed for thp future acmiPBiDne by 
 
 msking the Quefn'p Order in Council in that 
 
 Vftalt a port of the Act. Now lock at 
 
 Manitoba. Tbrre ici not an Act it can pace 
 
 ," which mjy not le cverriddfn by Dcnainion 
 
 Ifginlaticn. {Hear.) It holde itp powers by 
 
 the Rifferrnce of the Canadirp Pariismsnt. 
 
 ( Hear. ) if wo were to paf r a Bill at Ottawa, 
 
 charging the law of Euccpeeicn, it would be 
 
 inTalid in Ontario, brcauEe such Jogielation 
 
 , belcngp to the Lfgielature of Ontario; but 
 
 V in Manitoba it wculd be valid, becauiie the 
 
 ^ Local Legislature can only exercise puch 
 
 ; pcwfra ae the Parliament of Canada may 
 
 ■ chcofe to allow it to exercise. (Hear.) 
 
 ^. HCW THE VALIDITY CP THE MAMTCRA ACT 
 ^ MAT BE TESTED. 
 
 •i Now there is this simple rule by which the 
 
 iu validiiy of the Manitoba constitution may 
 
 J' be tested. Poes it confer any local authority 
 
 t which the Parliament of Canada may not 
 
 f take away ? If it does not, it is not federally 
 
 united to Canada. It is not legally united, 
 
 for a federal union alone is provided lor. 
 
 (Hear.) 
 
 PROVISIOKS EXPRESSLY PROHIBITED BY THE 
 B N. A. ACT. 
 
 But this is not all. I might pass by the 
 general question aa to the power of Canada 
 to admit a province info the Union, and call 
 your attention to the provisions of the B. N. 
 A. Act, which declares the principle of rep- 
 resentation accoiding to population shall 
 not be departed from in extending 
 the Union, Manitoba is by the provi- 
 Mcn entitled fo one representative in the 
 House of Commocs T in the Union. She is 
 . about to send four. (Hear.) No provision 
 was made by the constitution for provincial 
 representation in the Senate for any western 
 province or territory. The circumstances of 
 Prince Edward's Island and Newfoundland 
 were known, and they were provided for; 
 but as nothing definite could be known of the 
 western provinces and territories, this mat- 
 I ter of senatorial representation was left to be 
 i'ovided for by further Imperial legislation, 
 vtifu the necessity should arise. The Gov 
 c < .^'nt, without any authority, provided for 
 the appointment of tbrre. (Hear) If you 
 look at the act of federation, you will see 
 
 that that body is intfndfd to rrpre- 
 sent tie Prcviccrs in the Parlitment ot 
 Canada, and that their reprfsentution is in 
 proporticn fo their importance. Now if the 
 Parliimert of Cacada can appoint three they 
 can appoint thirty, (Hear ) The Senate 
 could be swamped by appoinmcnts profess- 
 edly made for a single province. (Hear.) 
 It is out of the questicn ih&t there can be a 
 limitation of the powers of appointment 
 for one Province, and no limitatici. 
 as to another. (Hear.) Well, pir, th») 
 question may be askfd, what of all this? 
 what practical mifchief bos it engendered? 
 I might content n;ysf If with Faying ihat we 
 ought never to be inditt'erent fo an illegal 
 course because we do not forepee all the mis- 
 chiefs which are likely to flow from it. (Hear.) 
 Those practical politicans who can see no 
 wrong in a government violating the law un- 
 less it is accompanied by some great calam* 
 ity, may think this a triflirg tratter. I don't 
 think it so. Who could have predicted the 
 uses of electricity upon its discovery. "Those 
 men," says Franklin, '> who are impatiently 
 asking what evils are to flow from a wrong 
 principle of action are in point of 
 sense on a level with those who are 
 asking about the utility of infant?, for- 
 getting they are to be the men and women 
 of the future," But, pir, I will endeavor to 
 answer the enquiry. I tay it engendered the 
 disturbance in the territory, it ergerdered 
 the expense of the expedition, and it has laid 
 the basis lor active fedpral encroachment 
 upon local authority. (Cheers.) Leaving 
 out of view every other matter, this alone is 
 sufficient to justify a general public judg- 
 ment condemnatory of the gcvorrment. 
 (Loud cheers.) 
 
 Mr. Mills then alluded in eloquent terms 
 to the question of the extension of tne fran- 
 chise, and the character of the meafure of 
 last session, Mr, Z^Iills is a strong believer 
 in trusting the people, and in interesting and 
 educating the young men of this country in 
 public affttirs. This can only be done", he 
 contends, by giving them the franchise. 
 
 Mr. Mills was loudly applauded on resum- 
 ing his seat. Aid. Campbell moved a vote 
 of thanks for the eloquent and instructive 
 address, which was duly seconded, carried 
 unanimously, and appropriately responded to. 
 
 The meetirg then dispersed. 
 
 M4-