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My Liihi), Witli rof(Tence to the instructions oomnumicated to nie in li-tii-i-s of 29th •Inly and L'nd Sc])ty the Act of 2nd August, 18r)8. (Annexure 2 it ."5) — Its boundaries were re-delined by the continuing Act of 28tii July, 186:5. ■ (Ainiexure 4) It wan united with Vancouver's Island, without alteration of its boundaries, by the Act of Gth August, IHfUi. (.Vimexui'e 0)- And it was united to the Dominion of Canada by t^rder in Council of Ifith May, 1871. with etiect from 20th July, 1871, without change in its lioundaries. Hence the Act of 0th .August, 18(j() (Annexni'e 4), governs the cas(» under discussion. Till' Bill of 18()() passed through all its stages in both Houses of Parliament without deliate; and so far as it att'ects the boundaries of British Cohonbia nuiy be considered a repetition of the Act of 1863 (Annexure 'A). (.\nnexure .S)--The contiiuiing Act of 1863 was introduced by the Duke of Xewcastle (Hansard, vol. elxxii , p. .54), wlio ex[)laiiu^d its objects to be to extend tho Colony northward, and to continue the Act of 18.')8. During a long debate which ensued, an allusion was made Ijy the Karl of Donoughmore (Hansard, vol. elxxii., p. 51) to reported discoveries of gold at the head-waters of the Saskatchewan, /. c , to the east of the Bocky Mountains; but no suggestion was made by his Lordship, or by anyone else, to extend the Colony eastward, nor indeed even to vary the delinition of the boundaries as submitted in the Bill. The Bill passed through its subsequent stages to end through the House of Commons without any reference being made in debate to boundaries other than Mr. Fortescue's ex- planation (HansanI, elxxii., p. 1322)- "that its object was to extend the boundaries of British " Columbia to the north, so as to include a tract of country in which there were indications " of rich gold veins." And on going into Connnittee, Mr. Fortescue's further remarks that "the Bill was merely for the continuance of an existing Act" (the Act of 18,")8 already re- ferred to -.\nnexure 1) "and the annexation of a tract of country to the north of Columbia, " and did not ri'(|uire much discussion.*' No remark was made by any other Member of the Uou.se of Commons about the boundary, at this or at any future stag(! of the Bill. Henci' it is concluded that so much of the eastern boundary as was defined by the Act of 1858, was still intended to be part of the eastern boundary by the Acts of 1863 and 1866, or, wijMit y * * * (Act of 1863, S(^ction 3) — IJritish Columbia shall, for the purposes of th(; said Act, and for all other purposes, be held to comprise all such Territories witliin the Dominions of Her Majesty as an^ bounded * * * (■,, ^j,p ,,^^^^^ from the lioundary of the United States northwards by the Rocky Mountains and tlu; 120th meridian of svest longitude, and shall inchnh^ t^uotni Charlotte's Island ***** (Act of I860, Section 7)-r-Until tiio Union British Columbia shall iniiludesuch Territories witliin the Dominions of Ker Majesty as are liound(^d * * * to the east from the boundary of the United States northwards by thc^ Rocky Mountains and the one hundred and twentieth meridian of w(>st lou^'itude. (Section 8) — After the Union British Columltia shall comj)rise all the Territories and Islands aforesaid, and Vancouver Island and the Islands adjacent thereto. Th(!rc can be no doubt as to the intended meaning of the definition of theeastei-n boundary in the Acts of 1863 and 18G6, in so far as this line is defined by a meridian line. Now, as regards the meaning of the phrases "iiy tlu^ main chain of the Uocky Mountains," and "by the Rocky Mountains," it is to be noted that one essential chaiacteristic of the ex- pressions — ilk their apjilication to the detinition of a boundary — is that they must liave been intended to indicate! some presumaVily asctfrtiiinable and practical line. The only line of the kind which can be giMu'rally predicated as characteristic of mountain ranges is their line of water-shed. The words " by the main chain of the Rocky Mountains" occurring in the Act of 1858, has special reference to a water-shed line, for it is this liiu^ which determines the main-chain. Now, it lias be(!n she-wn that tlu^re was no intention to chit ige, by the Act of 1863, so niucli of tlie eastern boundary of Bi-itish (Columbia as had been settled by the Act of 1858, for the Duke of N(!Wcastle, who had ehai'ge of the I'.ill in l'^63, expressly stated that its object was to (,'xtend the Colony northward, but otherwise only to continue the Act of 1858. Coiise(|ueiitly the interpretation, appropriate in the natui'e of things, given abov(> of the words " by the Kocky Mountains" occurring in the Acts of iiS6."i and 1860, is conlirmed by th(! circumstance that these words werc^ int(Mided to be read as synonymous with the expn!Ssion " by th(! main chain" of the Rocky Mountains previously used in the Ai-t of 1858. But thei-e are also generally acce])ted rules, based upon natural (U'lneiples, which regulate the interpretation of documents allecting the interests of several parties, and the application of these rules support the views just expressed. Vattel (Law of Nations, iiook II., chap, xvii., paragi'aph -'SD, p. Ii51), in discussing the interpretation of tn>aties says--" \\\^ ought, always " to aflix such meaning to the expressions as is most suitalilo to the suiiject or mattei' in " que.stion." Paragraphs "211 and 263 - " When a deed is worded in clear and precise terms, when its "meaning is I'vident and leads to no absurd conclusion, there can be no ri-ason for refusing to "admit the meaning which such deed naturally presents. Togo elsewhere in .search of con- "jectures, in order to restrict or extend it, is but an attempt to t^lude it. If this dangerous " method be once admitted, tiiere will be no deed wliich it will not render u.st^less. However " luminous each clauses may be, however clear and precise the terms in which the deed is "couched, all this will b(( of no avail if it l)e allowed to go in (|uest of extraneous arguments to " prove that it is not to be understood in the sense which it naturally pr(>sents." Hall (on International Law, Part II., chap, x., p. 281, par. 3 (1),) says: — "When the language of a tr(!aty, tak(Mi in tlu! ordinary meaning of tlie words, yit^lds a "plain and reasonable sense, it must be taken as intended to be read in that sen.se, suiiject to . " the e found in iuris|irudcni'e. " It finds its uppiieation in international Jurisiirudenee eliielly upon (jucstions of geograph- " ieal or local distinctions." And Hall (Part II , chap, ii., par. ."iS, p 101,) states : — "'I'lie lioundarics of State territory may consist either in arhitrary lines drawn from one " definite point to another, or they may lie dclined liy such natural features of a country as "riv(!rs or ranges of hills. " In the latter cii.se more than one princi]ile of demarcation is jio.ssilile. Certain general " rules, therefore, have lieen accepted which provide for instances in which the alisence of "express agreement, or for other reasons, there is doulit or ignorance as to the frontier which " may Justly he claimed. " Where a lioundary follows mountains or hills, the water dividt; constitutes the frontier. " Where it follows a river and it is," itc. If then the words "liy the main chain of the Rocky Mountains" and ''Ky the Ro("ky Moim- tains" lie admitted to have lieen appropriately used liy the framers of the Acts of iS.'iS, \S()3 and iSlifi, there can lie no doulit with regard to the cori-ectness of the interpretation that construes the words as indicating a water-shed line. There is conclusive evidence of another kind that liy the words "hy the main chain of the Rocky Mountains" and "hy the Rocky Mountains" the Acts of l^'■.")8, IcSi;;} and lf<(!(i did not descrilie as an eastei'ii lioundary to Hritish ("olumhia a line to (lie eastward of the water-shed of the liently have heen, claimed or exercised liy the Hudson's Bay Company umler the charter of " Uhark's 11. (1G7U)," itc. (Hansard, .'ird .series, vol. cvi., page I3.').'i.) in making tiiis motion, Mr. (Jladstonc said (]iage KL'u):- "The terms of the motion were sutliciently clear to render it manifest that its oliject was "to secure a full and peif< ct liut also a dispassionate ('ni[uii'y, not into the powers whicli the " Hudson's Itay ("ompany might possess, not into any abuse of their powers which might have " been alleged again.st th. 2:.'6) * ♦ * "the proper " course for the ( iovernmcnt to i)ursue would lie to take away the powers of the Com])any. "The l{i;,dit Honourable gentleman ( .M i-. Laliouchere) liad hcjwevi- pursued a diU'ereat course, "ami om^ that would perhaps lie more siitistactory to the Mouse." Mr. Addei'ley spoke next, and said (j>. '2'2~) " It mattei'ed little whether the Charter "of the (Company was valid or not; it could not he maintained in opposition to the rights and "necessities of mankind. The Charter if valid could only he matter for compensation." Mr. KUice remai-ked (p. li.'iO) " With regard to the ('harter of the I'ompuny, he should "observe that \u\ did not think it woidd be fair to attemjit to set aside its validity on tht; "gi'ound of any original informality in the maimer or terms in whi(^h it had been gi'anted, after " it had been allowed to pass unchallenged for nearly two centuries. At the same time Ins "believed that, if tried, its validity would be established as regarded the [irineipal rights "claimed by the Company." Mr. (iladstone, believing that the Cluii'ter was inxalid, said (p. ■-'•i7) "The ipiestion of the "legality of the (Jharter will i trust be sifted, and sifted to the bottom, by the Connnittee, but " I also trust that it will Im^ sifted by means into which pai'tiality cannot enter. * * * * " I appri^hend that tiie propi^r course to pursue on such a ipn'stion is that wiiich used to be " taki^n *20U years ago. * ♦ * Means were taken to raise the issue fairly beforn " the judicial tribunals of the Kingdom, am) if these tribunals found that the (Jrown had ex- " ceed(>d its powers the Charter was (plashed, and the subject was relieved from the damage "which the (yrown would have intlicted on him.'' Mr. Henley next spoke, and said (p. i-'iS) " It is (piitc clear with regard to two portions "of tlu! Territory, that they were open to lie dealt with in any way that Parliament "may say tit, but as to that portion held under the Charter, I agi that the (Miarttn*, which " hithiM'to has received no judicial contirmalioii whatevei-, ought to be submitted to a triliunal • " properly invest('d with th(^ power to decide the (piestion of \alidity." Sir. Laiiig, who ntjxt addi'essed the House, did not allude to the points Jiere under discus- sion. .Mr. Iiiiillie (p. '240) suggested "that, in order to ascertain th<^ validity or illegality of the " Hudson's Day Company's Charter, of which a preconceived iflea apjieared to exist, a Coni- " mittee of the I louse is not the best tribunal that can be selected. I think it would have " been lietter had the (Jovernment asi'crtaiiied the opinion of the highest legal iluthoi'ities upon " the point, and there can be no doubt of the competence of a Coniniittee to deal with the other " branches of the subject." Mr. IJutt then said (p. 240) " In cumnion with many other members I am anxious that " the ([ueslion of the legality of the Hudson's I.ay Com[)any should be brought uiidf^r the cou- " sideiation of the ("ommittee. I mean the validity of tlie original grant ; and also whether " tliat grant, even if originally valid, had been forfeited by an entin; disi'egard to the consider- " ation ujion wliich it was made. The terms of tli<^ motion seem to assume th(^ \alidity of the " Charter, and I wish to point out that circumstance to the Right Honourable gentleman, in "order that h(^ may vary tin; terms of the reference to the Committee, if lie sliould tliink it " necessary, so that the wliole (piestion of the validity of the Charter may be ascertained." Mr. Labouchere, replying (p. 241), said- " I do not think the terms of my motion are "open to the I'onstruction which the Honourable and learned gentleman lias plactul upon them. " I do not beli(!ve them to imply any opinion as to the legality or illegality of the Hudson's " Hay Company's Charter, and certainly I did not intend to convey any such impression. 1 " (piite agre(> with the Right Honourable member for tlie lTniv(!rsity (jf Oxford (Mr. ( iladstone) " that the Committee itself would be a very improper tribunal to decide a legal (piestion, but "if tln^ t'Ommittee re(|uires a decision upon that point, it will jios.sess the power of sending it " to the Judicial ('onimittee of the Privy Council. * * ♦ | ,„j|y ,|,,sji.,; that this " important and conijilicated ipiestion shall b(! fairly brought befort^ the Committee, and I am '' glatl to lind that the course which the Oovernnu'nt have adopted is one which has received " the general aj)proval of the House." .Motion agreed to. Select Committee appointed. Thus, of the niiK! membeis who addressed the House on the motion, i>ight direi'tly referred tl'Nt)A|{Y (^I'ESTION. V. show tho House of (N)rinnoiis was nut iprrpai'iMl (o ignore tliosc cliiiiiis, until a judicial docision hIiouM lie ;;iv('ii iiilvrrsc to tiiciii. rjion the Htilci't (/'oniinitttM- coiiLidcrlii;,' its report (Aniicxure 7), i\u' (Jliaii'iiiaii (Mr. Ijahouoliorc) niui Mr. Christy caeli [iroposed a draft, and Mr. (iiadstone sulmiittcd ten n'Holu- tions. Of Mr. (iladstnne's resolutions nttention is directed to the 1st, .Hnl, ."ith, fitli, 8th, 9t}i, and Kith. (|{e|)iirl Ihnl.son's I'.ay, Pailiiinientary I'apers, "J".' I ■_'(!(), IS.57, ji. xi\.) Kaeh of these, except the 1st and l,'raph records the Committee's hojie that " without waitiiif,' for tiie " result of proceedint,'s of so douhtful and dilatory a character as may ap]iertaiii to tlie com- " plete investiiiation of this ancient i-harter, ariaiiijements niii.dit lie made for tin- .satisfaction and Itt^imlit of those concerned ; and the 'Jth para;,'raph conti'inpiati's a sulise(|uent friendly reference to the Judicial Committees of the Privy Council, and the possihle modiiicatioii, hy its det'ision, of any I'ecomnieudations tlie Conimittee should malte. Parai^raplis 7 and S were read and ne^Mtixcd. l'araj;rapli 9 was ne^atixcd hy i) votes to 1. The linal Report adopted (Annexure 7, pp. iii. and iv., para. any's tenure. It (paratrrapli 7) expres.ses the (^immittee's trust tiiat tliere may lie no ditliculty in effect- ing- arranuemcnls as lietwecn Her Majesty's (Jovernment and the Hudson's Pay (Vimpany, hy which these districts ( Red Piver an- Slifllicld will liiivc a "distinct ()|i|»(rtuiiity to iiiti'odui'c." Tllis statrliiciit would iii)|iriir to iif decisive \N itii ri';.'iird t(i liie cuiiti'iitioM tliiit in estul)- lisl\in<^ llritisli ('(iluiiil>iii tin- ( li>\eriiiiieiit liiid no intentinn in |sr)S to enei'iiiicli on the Huilson's litiy (Nmipiiny's riulit in lvu|ieil's Land. lUit, t'ui'llier, duiin^' the deliate .Mr. LuiKJueliere expressed liinisi It' ( Anne.Miri' 8, p. 1I07) to tile elleet tlnit, as re;i;ard.s coloni/.in^, it was necessary on tlie present oijeusioii tay Company. Mr. Christy (Annexure S, p. 1 1 111) said: — " It appeared to l»e a matter of ai,'reement that "the discussion on the main i|uestion (/'. k., Hudson's l.ay Company ri;,dits under charter, Ac.,) "was tovr ; Imt these statements madi- durin.i,' the debate on the second readin;,' of the liill render it jierfectly clear that the House of Commons dealt with the suliject as one which did not in any way atl'ect Kupert's Lanil. (Anne.xure 12) — Similarly in the House of Lords whin Lord Carnarvon svns movinj^ the secoiul readini,' of the liill to e.stahlish the ("olony of liritish Colundiia, on the L'tith duly, 185K, lu^ remarki'il (Hansard, .'ird series, vol. cli., p. 'JOWS): — "in the lirst jilace it must he horni' in mind that the whole of this territory'' (/. i:, the country ali'ected hy the liill) "was at present in the main, lhoui,di not actually, suhject to an "exclusive license to trade with th(^ Indians, which the Hmlson's Hay Company had for many " years (Mijoyed. It was true that that liceiis(^ exi)ired in'xt year. It was also true that the "(iovernment had no intention of renewing.; that lici'n.se " Thus sliowint; that, also in the House of Lords, the liill was uiideistood not to refer to Hn|)ert"s Land. A still more emphatic indication of tlie intention of I'aili.imeiit with ref<'renee to their treatment of the rights claimed hy the Hudson's liay Company under their charter, is to lie found in tln' circunistanciis of the dehate on the L'Oth July, lf<-')S (Annexure 1 1, p. 17i^!^), [irior to the introduction of the liritish Columliia Itill into the House of Lords, and on the very day of its third reading in th<> House of Commons, when Mr. Roehuck suhmitted the three follow- ing resfilutions ; " 1st- That the pri\ ileges of the Hudson's Bay Company, about to (expire, ought not to " he renewed. "2ml — That tin' legal validity of the exclusive rights claimed hy the Hudson's Bay Com- " pany under the charter ought at once to he (letiMinini'd hy jirocess of law. " ."ird - That so much of the teri-itory as had hitherto lieen held hy the Hud.son's Ray "Company as may ln' ni'edetl for the purposi^ of colonization, ought without delay to he " resumed hy the ( Jovernment of the country." And, although Mr. Roebuck held the strongest views on the impolicy and invalidity of th(! Company's territorial rights, lie nevertheless decided to withdraw his resolution on this suhject. (Annexurt! II) — Mr. Roebuck, in suj)[)orting his resolutions ( Hansard, vol. cli., p. 17i)l), said; — " He was told that the Hudson's liay Coni])any had certain rights which they derived " under the charter granted by Charles I L He maintained that the Company had no such " rights, and it was the duty of the (government to determine whether tln^y had or no. " If the Company had no such right.s, Parliament would know how to deal with them; and " if they had, Parliament would also know how to deal with them by purchasing them out " immediately. li iiiiii i mmtn^ ^.> 4!) Vic. Eastern Roiskauv Qi'estion. » VII. ly " If they Iwul rij,'lits flit> (lovcrTiinriit oujilit to tuiy tlifiii out iiniiudifiU'ly, and if they had " iioius, tlii'y liiid lii'c'ii illi'^fjilly ciijoyiim tin- tdiato ".st('|>8 to asccrtiiiii tin- lci,'iil ri!,'lit.s of tlir lludsous I'my (!oni|iiiiiy, for wlifii those ri;4ht.s wcro " ast;ri'taiu('(i tlu'V would lie eiiiililcd to conipen.sate the Ooinp.iny. The next measure would " lie to plant a Colony from the western shore of Lake Superior to thi' lloeky Mountains, and " he enti'eated tile HiL(lit Hon. ^'entleman to carry out this ohject without delay." V'iseouht lUiry in the course of a \i;;orous argument aju'ainst the validity of Ofympany's claims under the cliai-ter asked (Amiexure 1 1, p. I "'.I;")). " Why should all this land (Rupert's " IjiukI) lie reser\-ed to the Oompaiiy when neither the ( iovernnient nor the House; know " whether they had any rii,'ht to itt" .\nd closed his speech (p. |S()2) with an expression of his trust "that Her Majesty's (ioveninicMt would not he liaukward in acting' upon tlie sug- " j{estions that would lie made." ( Anne.xure 1 1) — Mr. (Uadstone said (p. lf is <'lear, it is entitled to the full and alisoiute enjoyment of them, and cannot he deprived "of them except on that ample conipeiis.-ition which it may claim on the ground of justice. It " might on the other hand appear that although the Oompany have not very great rights in " law, yet that in point of ei[uity and fairness there are reasons foi' a liheral entertainment of " their claim.s." * ♦ * * ♦ " We should not assume that those who think tlie legal rights of tlie (Company ought to "he tested liy an investigation, are therefore of opinion that the Company siiould ho harshly " and severely dealt with." * * * * (Page \t<()\)) " I shall not lie suspected of any want of sympathy if I venture^, respectfully, " to submit to theui " (the mover and seconder) " whether they would not do well to leave the " further treatment of the (juestions for the jiresent in the hands of Her Majesty's Ministers. " * * * I thiiik it probaliie that any division which might take " place v.'ould tend to create a false ini])ression out of doors; i hope, therefore, that the Hon. " and learned Member for Shellield will listen to the statements which will doubtless be made " by Ministers of the Crown, and unless these statements are of a character (^ntinily hostile in " principle to his views, he will then be prepared to leave the subjcfct in the hands of the " Kxecutive (lovernment." Mr. Labouchen; (Annexure 11, p. IKO'J) " lielieved that every member of the Committee " which emiuired into this subji^ct a few years ago, including the Right Hon. gentleman (Mr. " (iladstone) himself, was of opinion that setting aside the question of charter or no charter, " as merely a s(;condary matter, those vast tracts ought not to be left to chance, liut should, " for Imperial purposes, be intrusted tothecai-eof somebody or other; the general feeling being " that the preference should be givcMi to the (ixisting Company, which was already in occu- " pation of the territory. * * * * [Page IHIO] " He; could assure the House that when he was in otKce he looked most " anxiously to see if there was any way of having its (the charter) validity tested. " Mor(> than a hundred years ago the Cxovernment of that day wens anxious to obtain " information on the same point, and referred the propriety of raising this question to their " Law Officers, men so eminent in their profession as Lord Manstield, wlio was then Attorney- " General, and Sir Dudley Ryder, who was Solicitor-General. " Their answer was that considering how long the Hudson's Bay Company had enjoyed " and acted under their charter witliout the slightest interruption, they did not think it was " advisable that the Government should try the cjuestion cf its validity in the courts of law, " but should await some implied or expressed declaration of a court of law against it. Well, " when he (Mr. Labouchere) was in oilice he raised the subject again and referred to the " Law Officers — Sir Richard Bethell and Sir Henry Keating. Sir Richard Bethell soon after- " wards told him, in conversation, that he never could recommend the bringing of a qiio ifil'Hi»r»liMMtiillll'lV ^ jtes*at«i»!i*:ik; J.. viH. EasTKHN HdlNDAHV (,»rKSTIuN. 1MH5 *' (/7»c/Vf(//r) iipiinst 11 I'liiirtiT of tliat ;li- " liamli'd |ii'le of (Jreat Britain." Mr. Lowe [Annexure II, p. |S27] "held that it would be derogatory to the dignity of " the tJo\eriiment, derogatory to the dignity and good faith of the House if they were now to ;4 ^. 41 Vir Eastkrn BorNiiAiiv (^ckstion. IX. :f \ » " tui'ii I'liiiiiil III) till' ('niii|iaiiy iiiid sity, * nm' liuvr |ii'niiiMi'il yuii tn orriipy tilis li'rriliiiy (or " • •_'()() years wr IlIlM' n'i'ii;;iiiM'il yiiUf rxislrliri' ill ull kinds lit' |iuli|ic iliicuilli'llls, lillt, now wr " ' wisli to ;;<'t fid of ymi, uiid we will nut I'vcii ri';':iy ymi llif ciiiiitiil ymi liii\r iiivrslrd in '* ' poHts liiid liiiililiiiKs t'lir yuiii' triidiiiK ii|iiTiitiiinH; wi- will ttiJHi' ii i|iii'stiiHi itf liiw, niid we will *• ' cliicuiic yoii out of the I'i^dils wliii'li oiii' own clnirtcr ;;iiv(' yon.' No iiutliority, liowrviT " lii^li, I'oiild indiH'i' liini to siiiK'tion siirli ti sti'|i. I( wonlil lir diMi'i'|iiit.'il>li' in u private iiidi " viiliml, it would lie ilisirpiitidilc iiiid iiit'iiinons on tin- purl of ii ( lovi'rniiirnt. " |Aiini-\iMc II, ll.ins.inl -JO, 7, .'iS, p, |s;tL'| Mr. (;|iii.s(y snid ; * • .. \.]y,.,^ " if it NMts di'ridi'd tliiit till' rliaiti'i" wiis not viilid, pi'ovision ini;;lit lie iiiiiili' to fniiMi' tlicni " I /'. '' . till' lludson's I'liiy t'onipany] "to rurt-y on thi'ii- tratlii' in furs in tin- nortlii'rn luiil more " iiiliospitiilili' portions of their territory." ♦ * * I l*.'i;;i' IS.'tl] " ill' siiw no reiison wliy tlie |i';,'al liiflits of the Hudson's lliiy Coiiipiiny "should not lie settled liy !i friendly suit, the frown piiyinif the eosts of lioth sides." .Mr. (iilpin | .\iini'\nri' II, p. |s;i7] •'ihoimhl that the i|uestiiiii of tin- ehiii'ler iiiid its •' validity must lie tlioi'oii;,'hly invest i;iiited in the lirst instanee." * ♦ ♦ [Haj;e 1h;{M| " lie had endeavoured to show that the ori;;iiuil f,'raiit was iliejjal, tliutit was "opposed to sound poliey and ]iulilie interest, and he earnestly hoped that the Mouse would " take its stand on the ^^'roiiiid of siii.ple Justiec', w .ihl al rotate unrii,'hteous assumptions, and " li\ the adoption of t liesc resolutions of his Iciirni M /riend the Menilier for Shellield. .vould '• (leelale to the world its (letermiiiatioii lo iipholil ii ;ains(, ail seltish, pri\ati', and illej;al 'laiiiis, " the interests of eouimeree, the e.vtension of "v ili/atioii, and, a' meall, the rijjhisof humanity." Mr. Kiiinaird jAiinexu'e II, p. I.'^;'>'.t| ' iiiist, liowevei exjiress Ins concurreiiee in the " opinion of the Hon. and h arned .Menilier foi Shetl'-ld mat it was most desiralile that the ".|Uest-ion as to the validity of (lie ('o"ipaiiy"s chiud i' should lie d"termiiiet!." Mr. Cliii'lli'ster Kiil'lesei. • I .Vniiexure II, p i8l()| "triisteil the House would not for);et " the facts oi the ease, would noi saeriiiee tl; • int'Ti'Sts of justiee, and would not allow them " selves to he eai'ried away liy the alistlaet propositio'i of tllP Hon. and learned j{elitlemaii "I Mr. lloeliuek|, whieli would he eomi-iittiii!,' an act of pedantry insteail of an act of states " nianslii|i." Mr. Wyld [Aiuiexure I I, p. I S 1 1 | " tliouyht tluit the llij'ht Hon. fienileuein, the Seeretaiy "of State for the Colonies, had prepared a satisfaitory solution of the ipiestion. ' Mr. Kitzj^ei-ald remarked [Annexui'e II, p. lf>\\\ " that u'lsumini,' that heandotlier Hon. " memliers only desired that the Hudson's Hay Company should ho treated with jaiitice and " liliertilily, he eoidd not, for his own jiart, see how it w,i> possiMe to | roeeed to deal with " them in that spii-il until theii' ri;;hts had I n ascertained." .Ml-. Koeliiick lll.'insaril :.'(>. 7, .''<1, .Xiiiiexure 11, pp. 1 S TJ .'!] "Hut the second pro[iositioii "he lielie\ed the l!i;,dit Hon. neiitleman [Sir K. |!. Lytton] did not ipiite aj,'rci' with wliicii " was that tlie ritjhts of the Company ou^ht to he at onws ascertainecretary of State for tlie Colonies, HLs Graces tlie Duke of Newcastle, (Annexure 13, No. 3„,p. 6) "regretted that Her Majesty's Government could not allbrd any ^> X. Eastern BonNDAnv Question. issr> 3 ( " direct jiocuniary assistftiu'o to tlu! object, and tiuit, except in Hritish (Jnluinliia, he had no "power to inak<' any tyrant of land for tlie pur; ose. " He iiad written to the Hudson's May Company, tln'ouj;h whose territories any such " coniniunieutioii must jiass, to eni|uire what facihties tliey wouhl he ready to attord to tlic^ " unih'rtakin;,'," and suj,'i,'ested " that the ay Company), "and all sudi i-ights as may be required, iC'C," and No. 3. "In " case the route shall I'un through Crown lands not v\'ithin the limits of Canada or British "Columhia, nor within th<' territoi'y claimable Viy the Hudson's l>ay Company, the Company" ((.'■., the promoters' t-ompany) "shall be entitled to demand Crown grants to the extent of "tive scpuire miles foi- every mile of telegraph line with such Crf>wn lands." Replying on l.st May, ISfi.'i (Annexure l."{. No. 14, p. 13), the Colonial Office remarked : — " Article 1. — His Crace se('s no objection to the grant of laud contemplated in tliis article, but "the 'rigiits' stipulated for, A-c." " * * * * "His tirace apjirehends that the Crown land contemplated in Ai'ticle 3 is thi^ territory " lying between the Eastern Jloundary of British Columbia ano the territory purporting to be "granted to the Hudson's Bay Company by this charter." " His (jlrace must clearly explain that Her Majesty's Covernment do not undertake, in " piM'forniance of this article of the agreement, to go to the expense of settling any (juestions " of disputed boundary, hut only to grant land to which the Crown title is clear." In connection with this remark by the Colonial Office, it may be conveTiient to note here, that on the '20th July, 1803 (Hansard, 3rd series, vol. clxxii., p. lOil'J), Mr. Wyld asked the Under Secretary of State for the Colonies, if Her Majesty's Covernment had signified their intention to grant 1,000,000 acres of Crown territory traversed by a proposed telegraphic line between Canada and British Columbia; if the Covernment had determint^d in which district the grant was to b(^ made. Mr. Chichester Fortescue, in replying, stated (Hansard, vol. clxxii., p. 1053):— "The " district to which .'■-he (|uestion of the Hon. gentleman referred, if it existed at all, lay between " th(^ western limits of the boundary claiuied by the Hudson's Bay Company and the eastern " limits of British Columbia. It was probable it would be under the Covornmeiit of Canada, "as it was separated from British Cohnnbia by a mountain chain." Mr. Fortescue is understood to refer here to the part of the line which it was contemplated might leave Rupert's Land before reaching British Columbia in order to strike the Rocky ISTountains at a convenient pass, and thi!n fclie route would necessarily pass through territory included in neither Rupert's Land nor in liritish Columbia. In Parliamentary Papons, 438 of 1863, No. 14, p. 14 (Annexure 13), it will be seen that, under date Ist May, 1803, Mr. Fortescucs addros.sed the promoters of the Telegraphic Oonipany, Baying: — -"His Grace takes it for granted that if the Imperial Government and that of British •^* » 40 Vic. Eastern Boundary Question. " C'oluiiiliia shoukl liiid, on furthci" ('iu[iiii-y, that souk? otlicr point on tlic roast would supply a " niort! conveiiit'iit It'i-niiims, the Company would he ready to adopt it." Tlic "Heads of Proposals" (Aniiexuie 1.'!, p. I."i, par. ."{) sulneittcd liy the promoters also colitem|ilated alternati\'e routes. Oiit^ of tile routes in e()ntem]>latioii is understood to have heen westward tliroui,'li Foi't KduKihtoii (N. lat. r>3' :iO', W. loni,'. llli 2^)') to. Jasper House, and thence Ihrouxh the Yellow Head Pass. (Such a route would have involved tlu- traversiiij; appi'oxinuvtely OO miles of tlie meuntain chain Ix'tween tl)(^ western limits of tlie lioundary elaimi'd liy the Hud.son's f'ay Conipaiiy and the eastei'n limits of Itritish (loluml)ia at (Jow dung Lake (N. lat. ^)'2'^ W, W. Ion.. US 40'). Then, on ■Jlitli June, iSti.'i, the Colonial Ollice, writing toMr. Sandford Kleminji, delegate from intuiliitants of lied Pii\er on the suliji et, remarks (Parliamentary I'aper 4."{S, appendix page 21):— " Witli the aid of these two Colonies" (Canada and I'.ritish Columhia), "wlii<'hhavo "already lieen addressed on the sulijcct, and l>y means of a concession to the promoteis of the " enterprise, of land in the district of country \\hich is f ice fiom the lights of the Hudson's " May Company, the l)uke of New(!astle tius(s that (he execution of the pnijeit will Ijc entered " upon at no distant date.'' (Parliamentary Pajiers 402, 1S04, No. S, p. Hi) Again, in the peiiultimati^ i)aragrapli of the lleport of a Ciiinmittee of the Canadian Kxecutixf Council, (Annexure 14), on 1 Sth Feli- ruaiv, I8(i I, explaining its ri'asons for proposing to lu'eak oil' connection with the telegraj)h and postal scheme, it refers to His (Iiace the I 'like of Newcastle as apparently sanctioning tln> reassertion Ky the Hudson's lia} of tenitorial rights iiers 224-2()0, IS."")?, Hudson s j>ay (^)inpany, Appendix i I, page 4US, to he as follows : --- "All tiie lands, countries and t<'rritories upon the contines of the seas, straits, bays, lakes, " river.s, creeks and sounds, in whatsoevt-r latitude they may lie, within the entrance of the "straits, commonly called Hudson's Straits." On July 5(1), ISj'.l, Mr. Cladstone, in nio\iiig an address to determine the legality of the Hudson's l>ay Company's claims (llan.sard, third series, vol. c\i., p. l-'i'tO), said: - "'i'iie original cliarter was only considered to ajiply to tlie territoiit-s in the imiiKKliate " vicinity of Hudsy these waters the territory over which the Com]p,iny possessed power " under their original charter was usually held and considered to he detined. The territoiy to " tlui north and to the north-west was comju'ised within the waters which ran into the Pacific "and the Arctic Oceans, and this territory was tiie suhject-matter of tli<' license of exclusive " trading granted inlS.'{8." (Annexures (j it 1!"))-- A reference to maps and to tlie Hudson's Itay Comjiany's claim.s suliiiiitted in Parliamentary l'a|)er nl2 of ISoO, p. 4, will show that Mr. (iladstone's reference to Athabasca Lake is erroneous, and that probably he intended to liav(* iianied Lake Winnipeg. The ParlianK^ntary Paper 542 (Annexure (i) was the return niadc^ to the address moved by Mr. (iladsfone. In it (p. 4) the Hudson's Hay ('ompany refer to the charter of Charles il. as deiining their rights, and submit a maj) showing Rujiert's Land us the basin emptying into Hudson's liay. Tills iiiap shows tlii' Saskatchewan lliver and its .sources as included in llupert's Land. In t\u' evidence taken by tiie Select Committee (Annexure 7) to emjuiiv into the state of Hritisli possessions under th<^ lludson's liay Comi)any (Parliamentary Paper 224-2()0 of iSfiT), at (juestion 2(), Mr. Ross, a meiiiiier of tin; Canadian Parliament and successively SolK-itor and Attorney -Ceneral and Speaker of the Legislatives (.loulicil, is asked : — "The water-shed line is the recognized boundary {i. e., of Canada) to the north and north- " east, is it not '!" Answer. -"That is taken to be the boundary. There is very often a dispute as to where " that is." xu. Eastern Boundary Question. 1885 With rofi;ar(l to tliis ([uestioii and answer it is to be i-(Miiarkwl tliat tlic lioundary of Canada licrc rcft'iTcd to is determined l)y tlie limits of Rupert's Land, under the ehaiter of ("hailes II. Question 71H. — ^'ir Georyt^ Simj)son, (Jovernor of tlu; Hudson's Uay Company for 37 years, is asked : — " How would you describe the limits of Rupert's Land to the west?" Answer.— " Tlie Rocky Mountains to the west." (Question TJiT.— " I (Mr. (iladstone) think you have spoken of Rupert's Land as ineluditi;;, " fiom west to east, the whole country beginning from the Rocky Mountains and tnoving " eastward '/" " Yes, to the shores of the bay [;. c, Hudson's Bay.]" T.'iS. -" l)o you understand that to have beini the orifjinal signification of the term " Rupert's Land, dating from tln^ jieriofl of the uharterT "Yes ; that it includes the land on all waters falling into Hudson '.s Hay. They form the " boundary of the tei'i'itory." 7'M). "There is a refereiic" in the charter to the fall of the water, is there?" •' I cannot call that positively to mini'esent it is under.stood by us" [/. c, in Canada | "that th(! " Hudson's liay Couipany claims as a legal right all the land whicli is di'ained by any streams, " no matter how remote their sources may be, which How into the Hudson's Bay Straits or " Hudson's liay. We consider that as an ill-founded claim" [i. e., as it atl'ects the Canadian boundai-y]. (AiMiexure7| See Parlianii!iit)iry Paper 224-260 of 1S.57, appendix f), enclosure memo- randum. Question 4130 [by Sir John Pakington]- " We see on that map" [plans referred to in the lvept)rt Parliamentary Pajier 224-2()U of isr)7 - Annexure 7] "a district close to the line "of boundary between the United States and the British teri-itory f)f very considerable extent, " marked pink. I ap]iri'liend that that is so marked ])ink becaus<- it does not come witliin the "di'tinition ;)f Rupert's Land, as described by the waters whicli fall into Hudson's Bay. Is " not that so V Answer — " I su[)pos(^ it to be so." It is to be here noted that the map alluded to [Airowsmith's] shows a water-slied boundary to Kujiert's Land, as in the map [Annexure 7| attached to Parliamentary Paper r)42 of 1 HnO ; and of these majjs .Mr. Hicliaitl King says, in reply to rpu'stion 50 1 1 : -" I hold in my hand " one of Arrowsmith's very best and ri'cent maj)S, he being the great authority upon that "country" [/. «, British North.-west America]. (.Question r)833. — The Right Honourable I'ldward Ellice, M. P., connected with the Cana- dian fur trade ai'd Hudson's Bay Company since 1.803, was iisked ; — "Have you ever considered the ipiestion of a boundary between your territory and " Canaila?" Answer --" Yes ; i liave considered it very much. Until you ha\i! some decision of a " court of law against it, you must take the words of the charter." "Taking the grant in connection with the \arious occasions on whii^h the Legislature and " the Ciovernuieiit of this country have been cautious to save th(^ rights of the Hudson's Bay >' y 1 45) Vic. Eastern Boundary Question. XIII. ^ t " Company, I do not tliink tlicrt^ can Ix- any (l(iu))t as to tlic lioun(lari(\s of tin- iluclKon's liay " Company." Question 5)^68. — " Tlicn you draw a distinction lictwccn the western and eastern sides of " tlie Hociay Company (.Inly, lf)m]>anys territorial owaersiii]) of the l.inds iriJinted and the " rights nect^ssarily incidental thereto (as for example the rij,'ht of excludiii;,' from the territory " persons acting in violation of their regulations) ought to Im^ deemed to he \alid." * * "Tlie remaining subject of consideration, is tiie ([uestion of tiie geographical extent of the "territory granted by the charter, and whether its boundaries can in any and what manner be " ascertainefl. In the case of grants of considerable age such as this charter, when the words, "as is often the case, are indelinite or ambiguous, the rule is tli.it they are construed by usage " and enjoyment, including in these terms the assertion of owiiershi}) by the Company on im " portant pul)lic occasions; sucli as the Treaties of Ryswick and Utreclit, and again in 1850." But in connection with the ])roviso in the charter, making it applicabh^ to only such territory as did not belong to non liritisli subjects, tli(> I-aw Otlic<'i's reci'iiimeiided that the boundary between Hudson's 1 Jay Territory and Canada should be subjected to i[uasi-jiidi(ial empiiry. This exception, however, did not all'ect the westei'ii boun. Lyttoii submitted u Rill to Parliament to provide for the (lovernment of Rritish Coluinbi.a. In its original form the 1st clau.se of the Rill defined the eastern and northern boundaries in the following terms; — " On the East the water-shed between the streams which How into the Pacilic, and the " Atlantic, and Icy Oceans; on the North the 55th parallel of north latitude" During the debate on the second reading, 8th .Inly, 1858, Mr. W'yid (.Vnnexure 8, Hansard, ;{rd series, vol. cli., p. Ill.'i) remarketl — " He would at the same time point out the " desirability of making an alteration in the existing boundary, which hail been found to \n\ " an iiiconveiuiMit one. A degree of latitude had lieen suggested for that purpose, and he " thought it bettei' that tin' course of tin- ri\('r should be adopted." (Sir Rulwer Lytton having previously said, ])age 1()!)8) — " that the territory may be considered as extending to the sources "of the Fraser River, in latitude 55 ilegrees." Mr. Kdward Klliee followed Mr. W'yId in the debate, and was immediately succeeded by Mr. (.Christy, who sfiid (Annexure 8, p. lll(i) — "He had some objection, liowev(!r, to th(! " geographical arrangement proposed, and on a futiin^ stage he should mo\e an amendment " with regard to the boundaries (if the Colony which he hoped would commend itself to the " approval of the (lovernment. He gathered from thos(> men who had been in the territory " that the gold which was found in tlu^ Fraser River was merely the debris of the gold that '•existed in the Rocky Mountains, and he therefore thought it desirable that the boundaries " of the new Colony should be extended furthi'r noi'tli up to Finiay's River, and to tlie main " chain of the Rocky .Mountains tliat ran east and west. He was far from thinking that it "would not be a judicious arrangement to contine the Hudson's Iiay ('oiiipany to those " northern districts which were productive of prolit to them. " 111 neither of these proposals by Mr. N\ yld and Mr. Christy is there any information of a desire to move the east(>in Ixaiiulary. Nor beyond Mr. Wyld's desire to adopt a geographical feature instead of .i jiaiallel of latitude, imd Mr. Christy's wish to exti'iid the territory north- ward to the ri\crs and mountain line, is there any iiulication of a suggested alteration of clause 1 as it originally stood. Mr. Christy's remarks would make it appear that the Rocky Mountains ran ea.st and west ill the neighbourhood of the Finlay branch of the Peace River; but there is no such course followered liy the Rocky Mountains, and his allusion to these mountains must be attributed to a misconception of their features. 1 XIV. Eastern Buundahy (Question. 1.S8') \\ Howpvur, wluMi tlie Mill was in Ooinmittci' (Anii.'xuri! 9, Hansard, [> i;?47) Mr. Christy iiiodilicd iiis iiiti^ndcd ainiMKliiiiMif, and siiliniittcd that tlic i^asttirn lioiiiidary should lie " tlie " inaiii-fliain of tlic liocky Mnniitains," and thi- iiorthrni lioiiiidary " Siiiipson's Uivcr and tlio " [''inlay Inancli uf (lie I'cacc ilivcr. " TIk'sc auK'nchiicnts wvn' adi)|it<'(l. As rc^anis tiic expression " main cliain of the Jim ky Mountains," it is to lie observed tiiat it is praetically synonymous with tlu^ water-shed houiidary (leserii>ed in clause I — as the clause was orit;inally sidnnittpd, for it is the main-chain of tlie Rocky Mountains which foi'ins the divide hetweeii the waters ilowiui; into the I'aciiic and into the Atl'Uitic and Icy Oceans from the United States to north latitude r)") '. ((Colonial < Mlice Ijihrarv No. I(!l) A reference lo Mr. Wyld's larije 4 slieet maji of I'l'ltisli North .VuH'i'ica, 1 S"J.'), atlbrds an explanation of .Mr. Olwisty's amendmoits. On that iriap it will lie seen that the. Rocky Mountain chain is stronj,dy (hdineated from the United States lioundary northwai'd, to a point ahout r)7 noith latitude, whei-i^ tlie Finlay hrandi of P(^acti Ki\-er is shown as commencint;; then carryini^ the <'ye westward, Simpson's liiver may he noted as running; due westward into the norihi'rn extremity of Oliseivatory Inlet, at, approxi mately, ••<) north latitmle; the two ri\crs forming an almost continuous line. The part of the mountain chain is also shown as running east and w(^s(, along (he north of l''inl.iy lliver, accounting for Mr. (Jhristy's remark on second reading. It may lie reasonalily assumed then that Mr. (Jhristy rc^ferred to this map and desired to ado|it, the.si' supposed geiigrapliical features instead of a ]iarallel of latitude, lioth liecauseof the convenience of such natural features in murking lioundaiN' lines, and also to make certain of including the sources of the l''raser lti\cr in the ne\. Colony on ac('onntof their supposed gold- hearing character. (Annexure l.'i) The Simpson's I! i\ er, appuiently copied hy .\rro\\ smith (whose map was laid liefore the Select (Vimmittee) from W'ylds map (IHlTi) of North America, does not really exist.. W'yid took t he precaution to indicate that the ri\eii had not lieen explored. Arrow- smith neglected this important point. Hut uiidel' these circumstances, iind with the sligliest topograjihical kn. liytton, who lu i charge of tli(^ Bill, to descrihe these amendments as "one or two verhal alterations onl_y." lie ri'fei-red to the amendment.s in those tei'ius on tin lOth July, li'^TiS, when the liill was recommitted (.Vnnexure 1 1, Hansard, •'h'd series, vol. eli., ]). I7ti7): and the langiinge of Sir l>. I.ytton on that occasion is consistent only with the supposition that the eastern lioundary did not encroach on liujHU't's iiand, which, as has l>e<'u shown, he had alrea0() recognized to lie the water-shed line of the Rocky .Mountains. That ill flehning British Columhia the Oovernment and Parliament intended to avoid encrriaching on Rupert.'s Land. That, conseipicntly, they could not coiisisti^ntly, and did not, indicate an eastern boundary for British (ioluuihia to the eastward of the Rocky Mountains' water-shed. '"inally, it, will lie found that the main-chain , liy the Hon. Mr. Trutcli, aiipointed in lf'(70 (Annexure ;')) with other delegates to negotiate with the (lovcrnment of the Dominion of '■ (.