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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

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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

■ V

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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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

.^, .,•

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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

•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 •

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 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

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-