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'correspondence and resolutions
IN REdAKD TO THE
CONFIRMATION OF THE AWARD OF THE ARBITRATORS
IN REFEBE5CE TO THE
NORTH-WEST BOUNDARIES OE THE PROVINCE OF ONTARIO.
Toronto, 23rd September, 1879.
'/
)k'
Sir,— T am directed l>y His Honour the Lieuteuaiit-Uovornor to call the attention of
the Governni<>iit of (Janada to my despatch dated .'Hst December last, respecting tlie legis-
lation needed to put beyond dispute in civil and criminal ca.ses any (juestion as to the
western and northern limits of Ontario
The measure therein referred to as intended to be submitted to the Legislature of
Ontai'io, was, as vou are aware, pa.ssed at its last session ; but no like Act was passed by
the Parliament of Canada at its recent session.
I am to remind you that a report on tlie subject, by a Committ(>e of the Honourable
the Privy Council, was approved by His Excellency the Governor-i teneral in Council on
the iL'th November, 1874, and that in this lleport it was set forth tliat, in a memorandum
dated on that day, the Prenuer of the Dominion recommended concurrence in a proposi-
tion made by the Government of Ontario, to determine by means of a reference the
northern juid" western boundaries of that Province relatively to the rest of the Dominion ;
that the Ontario Governuu'iit having named the Honourable William Buell Richards,
Chief Justice of Ontario, as one of the referees, the Premier submitted the name of the
Honourable Samuel Allan Wilmot, formerly Lieutenant-Governor of the Province of
New Brunswick, to act in conjunction with him, and advised that authority should be
given them to agree upon a third person, not being a resident of Canada, and that the
determination of a niajoi'ity of such three referees should be final and conclusive upon the
limits to be taken as and for such boundaries respectively, and by the Report of the Com-
mittee of the Privy Council it was recommended that the Dominion should agree to con-
current action with the Province of Ontario, in obtaining such legislation as might be
necessary for giving binding etl'ect to the conclusion which should be arrived at, and for
establishing the northern and western boundaries of the Province of Ontario in accordance
with the award.
A further Report of a Committee of tlie Honourable the Privy Council was approved
by His Excellency tlu? Governor-General in Council on the 31st July, 1878, wliereby it
was stated that the Committee of Council had under consideration the subject of the
ithi;ni and western bguudariea of the Province pf Ontario, which under previous
iwrt
Orders in Council had been referred to the Honourable \V R p;.i,o.t .^ r,^- ,
Justice of Ontario, named as referee on behalf of tblfPrl- i . T^'^'^'^^' **!«" Chief
replaced by the thi-n Chief JustTce tl7e Hofumble R A iT' "^'° T' «"l'««q"«^tly
lunito to l«, take,. „ .„J for ™c|, b„,,;trrreTp"ct|v.lv "'"' ''°"°'"»™ "P™ ""
Corrcpomling Oi-dcr> in Council Mere mode by this Province
rr-aSr--""'"^ "■- -^ « sr;ir?t:r«StKte';zss
The Government of Ontario on its part acouieaced in iho o^„^a * v
believed to have accorded to this Proving all tSa" was claimed o? ts blroralltr
he Province might within its strict legal rights have had awarded to it but'beo„ ?.
riT„risi.tCeprn.'^:r=^:r z£' r
c.n.i^^rs:tS;L^rtrr;^^^^^^^^^^^
delay in announcing the acquiescence of theDomininrnnf^^ . ^ ? represent that the
otherwise to the award, has\eerrbatliiS^rd\°.lurio^^^^^^ '''' '^«^^^"«" ^"" ^^-^
Ihc present Government of Canada hns already been made ftwnr« fl.n* u f x.
arbitrators met, an exhaustive collection ha., been made Wfrff'. ! ^fT ^^^
and Ontario severally of all the facts, documerand evid'ence b^arirZ^^ ^T''
versy ; that everything material had been printed and in a form w2 fadHtatt Tn'
greatest practical degree the full and promnt examinntfnn ^71^ .• ^^ ^ *° *''®
oases had been prepared on both sides cZtainbrn the question at issue ; that
and the reasons therefor ; tU tL fc^ e a o Ld beeT''^ ." *''' rT"'''' '^^^''
matter had been argued before tie "rbiTratorfby counsd '"'*'^' ' "^' '''^' *^^ ^^^°^« '
selectllthrSgm^nrwS^^^^^^^ P™s could have been
than that of thi tlfree arbitrates apTdS S Fra'ncrSin'ckris'aT'^^'r''^' 'f^''
and statesman, is acknowledged to have few Pn^lic ? ^mcks, as a Canadian publicist
ence ; the late' Chief JustSarrisr vis a ryer of'^^^^^^^^^^^ 'f""''? °^ ^'P^ ^P^'
method of reasoning was always d st ngu shed for it. nrlr /'"''^ ""'"^ ^ J"^^'" ^^""'^
P»^ont jn.«„,ent or oneVw oS;LXSS ofi'SL^^^^^
If the merits of the award have been considered by the Government nf C.,.aA .1,
will have observed certain preliminary thin-s in connection\X!I^ .■ , -^f ' ^^^
and are beyond controvers>% Amonirst tl p?p l^fXtfJ.r^ question which were
same limits as Upper Canada hid wlS; It ^^^ *'''^' ^^t^ ^"^'^^o ^^ entitled to the
much of theBritKrritZ we tof ^- '^^ * *''''' ^'""'' '"^^''^'^ «°
belonged to Fran e before th^^^ ^.^ ^*"f«" Ontario and Quebec, as
belonged to the ProvincrofcCI before Co'nl. ^""r '" '^'r '^°'u '^'""S), so much as
as belonged to the Dominion be ot it pTrcSZot'hrrthT^ ^T.b^'u T'''>\'' """^^
pany, and that the single question wkrthe Sitrators faf,^ ^^^ ^'°'"-
t
#'
<4
bofore Confederation, and by the Dominion afterwards, and considerablv less on the west
entitied'to **" °^""*"' °^ ^'"''^ '^"'*'"' "'"P'"' '" ^^^'^' *^'''"'''''' '''''■'' "^"""'^y
Further, the territory so awarded to Ontario is less than was comprised in Upper
Canada according to the true intent and meaninR of the Quebec Act (1774), as sIumvu bv
Its recitals and by its known objects and its history, including the proceedings thereon in
he House of Co...n.ons, as reported in "Cavendish's Debates," and as set forth in the
etterof the Right Honourable Edmund Burk., dated 2nd August, 1774, to his consti-
tuents, the Province of New York, whose agent he was at the time. AH these documents
are to be found amongst the printed documents already mentioned.
The terms of the Royal Commissions as.signing or defining the boundaries of Canada
ami UpperCanada respectively, appear in the same book; and a reference to them will
have shewn to the Covernment of Canada tliat the territory awarded to Ontario is
less than was given to the Province by the express terms of the Royal (,'ommission (27th
December, 17/4) which, immediately after the passing of the Quebec Act, was issued to
Sir Guy Oarleton, as Captain-General and Governor-in-Chicf of the Province : and also by
the expre-ss terms of the Commission to his successor. Sir Frederick Hal.limand ; that the
Commis.s.on to Sir Guy Carleton, after the Treaty of Paris of 1793, expressW gives as
one of the boundaries of the Province a line to tlie Lake of the Woods, thence throu-h
said Lake to the most north-west point thereof (as the arbitrators have done), and from
thence in a due west cour.se to the river Mississippi. Tlie arbitrators have not given to
the Province any territory west of the Lake of the Woods.
The Government of Canada must aLso have observed that a paper was presented to
Parliament previous to the passing of the Constitutional Act of 1791, describing the lin«
which It was proposed to draw in order to divide the then Province of Quebec into^ two
Provinces—that this line is described as drawn from the head of Lake Temiscamin<- due
north until It should strike the boundary line of Hudson's Bay, including, as the paper
stated, all the territory to the westward and south of the said line to the extent of the
country con nionly known by the name of Canada; that on the 24th Au.'ust 1791 an
Order in Council referred to this paper and divided tlie Province accordimdv '• that'tho
subsequent proclamation of General Clarke, in the same year, containe.l a description in
the same words ; that the Royal Commis.sions to Lord Dorchester and subsequont Gover-
nors-General to and including the Commi.ssion to Lord Go.sford in 183.-) described the
division line between Upper and Lower Canada in the same way, as extendincr to the
boundary line of Hudson's Bay ; and that the Commissions from that to the Earfof Dur-
ham in lh38, to the Commission to Lord Elgin in 1846, as well as various other Royal
Lommis.sions, described the Hue of division as striking the shore of Hud.son's Bay
It IS also undenied and undeniable that the Province of Upper Canada for a period
long antecedent to its union with Lower Canada, acted whenever there was occasion on
the as.sumption that the boundaries of the Province were those so assigned by the Royal
Commissions, and issued writs into the territory west of the line 89° 9 V (which was the
line insLsted on by the Dominion after the purchase from the Hudson's fiav Company )
It IS another significant fact of the same kind that the Province of Canada as far
back as 1850, procured from the Indians the surrender of their rights in the same territory
west of that line and from time to time thereafter made grants in the Queen's name of
land west of the same line.
.. . l^ *''"*!",' ^° ^"^ ^^ ^'"^ western boundary is concerned, it was proved to demonstration
that the north-west angle of the Lake of the Woods was the most easterly limit that could
be assigned to the Province under any interpretation of the evidence.
There is an old decision of a Court in Lower Canada in what is called the Reinhardt
case m favour of a more easterly line, viz.. 89° 9i' (the meridian of the confluence of the
Ohio and Mississippi Rivers), but on an examination of the case, of whicli a full report is
in print and accessible, it will be found that the decision was come to without the Court
being aware of the terms of the Royal Commissions to the Governors hereinbefore men
tioned, and without attention having been called to the historical facts which are referred
to in the recitals of the Quebec Act, and which give significance to those i-citals as bear-
ing on the question of boundary ; nor was the Court in possession of the evidence of
V
intention winch is afforded by the debate on the Bill and by other n.ea.i.s now known and
relied upon as d(m,on,st rating the other construction. Do R.-inhanlt, thou-h clearly
guilty was not executed, an.l the only known or suppose.l reason for pardoninij hin, i,
that the British Government were advised that the conclusion of the (.'ourt on th,. point
m question was not maintainable. This is stated in an official paper on the part of the
late Province of ( 'anada. ^
. ^^"'[ ""'' "f, *'"' ^^»>''\' < '"mrnissions hereinbefore mentioned, so far as is known, was
m print before the rec-nt investigations, and when copies of these Oonimi.ssions were pro-
cure.l and examined for the purposes of the arbitration it became apj-an-nt that the.se
Commissions a one set at re.st all possible question that the easterly boumlary of the
Province included the Lake of the Woods; and that the northerly boundary ext.mded to
TnirTil w" i°" " .r'' "" *'" T*' '^'"' *" «'■ ''"y""'* *''•■ '»•«* north-west angle of the
Lake o the Woods on the we.st How far north of these points our northerly boun,lary
was to be found was a fair subject of controversy, but the territory north of the.se two
points IS of comparauvely little value. It is to be observed that the line of the English
an.l Albany liivers, which was fixed upon by the arbitrators as the northerly boundary
18 not far north of a straight line connecting the fvo points mentioned, and has the
advantage of presenting an almost unbroken waterline ; that it is thus a natural and con-
venient boundary, and that it gives to Ontario a less aggregate quantity of territ.-y in
the north than is as.s.gned to Canada in some of the maps of the Hudson's Bay Con.mny
Itself, and gives to the Province a le.ss northerly boumlary than the Company in 1701
Canada to""' ''''' "^"^ ''°''*'"'* "^'^ ^""^ unsuccessfully endeavoured to restrict
But if it were far less clear than it is that the award do*, not give Ontario more
territory ban he Province was entitled to, and if the rea.sons which justify the conclu-
ZZfi^^f\T "iV"""" '"■ '"' '^^"^ ^"^' •'^'™"S than they are, it'is respectfully sub-
mitted that the oAvard demands the active acquiescence and recognition of the parties to
the reference. The question of boundaries was in controversy, it was referred by mutual
consent to the distingui.shed gentl,.men name.l, they have made their award, and the fact
IS conclusive in regard to all (juestions on the subject
I am further to remind the Covernment ' of Canada that the settlement of the
con rover-sy a.- well as the explorations for railway and other purposes have drawn
public attention to the territory north and west of Lake Superior, that settlement there-
HUlv^fTr'i"^'. r*. ''^i"""' '■!'t'''-P"f ^^''^ ^^tablishing them.selves, that speculation is
likely to be directed to this region, and that various causes are at work favourable to an
influi of population, both of a ^settled and floating character.
Li view of these considerations the Government of Ontario trusts that the Govern-
ment of Canada will recognize the propriety of announcing without further delay their
intention to submit to Parliament, next session, a bill declaring the boundary e.stabli.shed
by the arbitrators to be the true northerly and westerly boundaries of Ontario, and to use
the influence of the Government to have the measure accepted by both Houses and ns
sented to by His Excellency the Governor-General. ^ ' ^'"
I am to renew the request contained in a former despatch that the Government of
Canada would be pleased at once to forward to this Government the maps, field notes fc
Ac, re atiye to so much of the territory assigne<l to Ontario as has been surveyed under
the authority of the Dominion. "^
The Honourable the Secretary of State,
(Canada), Ottawa.
I have the honour to be,
Sir,
Your obedient servant,
I. R. ECKHART,
Assuta7it Secretary.
Depaktment of the Seohetahy of State,
Ottawa, Oath Scptombor, 1879.
Sir. — 1 have the honour to aoknowU^dge tlio roceipt of your communication of the
2.'?r(l inst, witli reference to tlie question as to tiie northern and western limits of the
Province of Ontario ; and to inform you that the subject will he submitted to His Excel-
lency the (iovornor-Oeueral.
I have the honpur to be,
Sir,
Your most obedient servant,
Edoi;akd J. Langevin,
Under Secretary of Stale.
Th« HononrabU the Provincial Secretary of Ontario,
Toronto.
The followin<i is amended form of the proposed Resolution to he moved h/ the
Attorney-General, on the subject of the Boundaries Award:
That by an agreement made between the Government of (Janadn and the Govern-
ment of Ontario, it was decided that, subject to the approval of the Parliament of Canada
and the Legislature of Ontario, the questions which had orison concerning the northorlv
and we.sterly boundaries of the Province of Ontario should l)e deterniined by arbitration ;
and that by Orders in Council, passed by the respective CJovernments, it was declared,'
that the determination of the arbitrators appointed to make such award should be "tiual
and conclusive."
That in accordance with the agreement entered into by the respective Goveri.; i' its
the Right Honourable Sir Edward Thornton, Her Majesty's Minister at Washingtoit, the
late Hon. R. A. Ilnrriaon, Chief Justice of Ontario, and the Honourable Sir Francis
Ilincks, were agreed upon by Orders in Council of the respective CJovernnuMit, as arbitra-
tors to determine the northerly and westerly boundaries of the Province of Ontario.
That on the 3rd day of August, 1878, the said arbitrators delivered their award
wherein they declared and determined what are the northerly e.nd westerly boundaries of
the Province of Ontario.
That in a despatch dated 31st December, 1878, from His Honour the Lieutenant-
Governor of Ontario, to the Secretary of State for Canada, His Honour intimated to the
Government of Ca)iada, that during the approaching'session of the Legislature a measure
would be introduced " to give etTect by way of declaratory enactment or otherwise, to the
award made by the arbitrators to determine the northerly and westerly boundaries' of the
Province of Ontario ;" and that His Honour, in the same despatch, also stated ne would
be glad to learn that such legislation as might be necessary to give effect to the award
would be had at Ottawa in the next session of the Parliament of Canada.
That in a despatch dated 8th January, 1879, the Government of Canada acknow-
ledged the receipt of the despatch last mentioned, and stated that the same would not
fail to rocoivo all duo consideration, and that no intimation was given, in reply to Hi«
Konour's coininunication, that the (JoveniuKuit of (Janada would refuHo to he hound hy
tlie award of the Arbitrators, or to Huhniit to the Parliament of Vannda a measure irivina
etl'ect thereto. *■ *
That hy an Act of the last session, the Lcigislature of Ontario did consent that the
bouniiaiieH of the; Province, as determined hy the said award, nhould l)e declared to he
the northerly and westerly houndaries of the Province of Ontario, and by a further Act
made provision for the administration of justice in the northerly and westerly parti? of
Ontario.
That on thr- IGth January, 1809, the Government of the Dominion of Canada,
through its memlHTs and representatives, contended before Her Majesty's Imperial Gov-
ernment, that the western boundary " (ixtended to and iucludeil the country l)etween the
Lake of the ]Voods and Jfed River," and that the northern boundary included " the
whole re<,'iou of lludwn's Hat/."
That the boundaries then claimed by the Government of the Dominion, on behalf of
Canada, as against the pretensions of the Hudson's Hay Company, would, on the same
grounds, be the lioundaries of the Province of Ontario, and would give to Ontario a terri-
tory vastly in excess of that embraced in the award of the arbitrators.
That by an Order in Council, approved on the 28th November, 1871, the constitu-
tional advisers of His Excellency the Governor-General of Canada, obtained the sanction
of the Crown to the statement that " it was of much consequence that the ascertaining
and fixing on the ground of the boundary line in question, should be, as far as possible,
expedited;" that, by another Order in Council, approved on the Oth April, 1872, His
Excellency's advisers obtained the assent of the Crown to the opinion that both Govern-
ments would "feel it their duty to settle without delay, upon some proper mode of deter-
mining in an authoritative manner, the true position of such boundary ; "that by another
Order in Council, approved on the 7th November, 1872, His Excellency's advisers
obtained the further sanction of the Crown to the statement that "the importance of
obtaining an authoritative decision as to the limits to the north and to the west of the
Province of Ontario had already been affirmed hy a Minute in Council, and " that the
establishment of Criminal and Civil Jurisdiction and the necessity of meeting the demands
of settlers and miners for the acquisition of titles to lands, combined to render such a de-
cision indispensable.
That although so long since as the 12th November, 1874, and as the result of pro-
tracted negotiations, the Government of Canada, by Order in Council, consented to con-
cur in the proposition of the Governnent of Ontario to determine the northern and
western boundaries of Ontario by means of a reference ; and although information was
from time to time given to Parliament by the Government of Canada of the progress of
the arrangements for such reference, no action was taken, nor was any effort made by or
in the Parliament of Canada, previous to the award keing given, to arrest or prevent the
reference agreed upon by the respective Governments of Canada and Ontario ; that in
May, 1878, the Parliament of Caivxda granted $15,000 to defray the expenses of the
Ontario Boundary Commission.
That this House regrets that, notwithstanding the joint and concurrent action of the
respective Govei-nments in the premises, and the unanimous award of the arbitrators, the
Government of Canada has hitherto failed to recognize the validity of the said award,' and
that no legislation has been submitted to Parliament by the Government of Canada for
the purpose of confirming the said award.
That, nevertheless it is, in the opinion of this House, the duty of the Government of
Ontario to take such steps as may be necessary to provide for the due administration of
^^' M^tl^m^ "^ "'" ^^'"^''^ ^^^^■^^^'"^^ ^i'''^ ^/^« <^f>ove resolutions on
Yeas ;
Messieurs
Appleby,
Atvrey,
Badger ow,
BalUmtyne,
Baxter,
Bell,
Bishop,
Blezard,
Boulter,
Broder,
Calvin,
Cascaden,
Chisholm,
Cr-eifjhton,
Crooks,
Dryden,
Field,
Fraser,
Freeman,
French,
Gibson (Huron),
Oibson (Hamilton),
Graham,
Hardy,
Hawley,
Hay,
Jelly,
Kerr,
Laidlaw,
Lauder,
Livingston,
Long,
Lyon,
McCraney,
McKim,
McLaughlin^
McMahon,
Mack,
Meredith,
Metcalfe,
Monk,
Morgan,
Morris,
:'''>wat,
xVear,
If eel on,
Pardee.
Nays :
Messieur
Miller— 1.
Parkhill,
Paxton,
Richardson,
Robin8on{Card%u'l),
Roaa,
Sinclair,
Springer,
Striker,
Tdoliy,
Waters,
Wattei'worth,
White.
Widdijield,
Wigle,
Wood
Yowng—^
pr