proposed to enter into negotiations with the Company as to the terms of such surrender; whereupon, under authority of an order of the Governor General in Council of the 1st October 1868, the Honourable Sir George E. Cartier, Baronet, and the Honourable William M'Dougall, c. B., were appointed a delegation to England, to arrange the terms for the acquisition by Canada of Rupert's Land; and by another Order in Council of the same date, were authorised to arrange for the admission of the North West Territory into union with Canada, either with or without Rupert's Land, as might be found practicable and expedient. That the delegates proceeded on their mission to England, and entered into negotiations with his Grace the Duke of Buckingham and Chandos, then Secretary of State for the Colonies; and afterwards with the Right Honourable Earl Granville, his successor in office, for the acquisition by Canada of the territorial and other rights claimed by the Hudson's Bay Company in Rupert's Land, and in any other part of British North America not comprised in Rupert's Land, Canada, or British Columbia. That terms of agreement were conditionally assented to by the delegates on behalf of the Dominion, and on their return to Canada were submitted, with a report, dated 8th May 1869, which was approved by his Excellency the Governor General in Council, on the 14th day of the same month. That we humbly deem it expedient to accept the transfer of the territorial and other rights of the Hudson's Bay Company in Rupert's Land, and in any other part of British North America not comprised in Rupert's Land, Canada, or British Columbia, on the terms conditionally agreed to on behalf of the Government of Canada by the Honourable Sir George E. Cartier, Baronet, and the Honourable William M'Dougall, c.в.; and on behalf of the Hudson's Bay Company, by Sir Stafford H. Northcote, Governor of that Company, and approved by his Excellency in Council as aforesaid, which terms are set forth in a letter from Sir Frederic Rogers, under Secretary of State for the Colonies, of the 9th March 1869, communicated to the delegates by direction of Earl Granville; and in two subsequent Memorandums, dated respectively 22nd and 29th March 1869, containing a modification of such terms, and are in the words and figures following: TERMS as stated in the LETTER from Sir Frederic Rogers, of 9th March 1869. 1. The Hudson's Bay Company to surrender to Her Majesty all the rights of government property, &c., in Rupert's Land, which are specified in 31 & 32 Vict. c. 105, s. 4; and also all similar rights in any other part of British North America, not comprised in Rupert's Land, Canada, or British Columbia. 2. Canada is to pay to the Company 300,000l. when Rupert's Land is transferred to the Dominion of Canada. 3. The Company may, within 12 months of the surrender, select a block of land adjoining each of its stations, within the limits specified in Article 1. 4. The size of the blocks is not to exceed acres in the Red River Territory, nor 3,000 acres beyond that territory, and the aggregate extent of the blocks is not to exceed 50,000 acres. 5. So far as the configuration of the country admits, the blocks are to be in the shape of parallelograms, of which the length is not more than double the breadth. 6. The Hudson's Bay Company may for 50 years after the surrender, claim in any township or district within the Fertile Belt in which land is set out for settlement, grants of land not exceeding 1-20th part of the land so set out. The blocks so granted to be determined by lot, and the Hudson's Bay Company to pay a rateable share of the survey expenses, not exceeding an acre. 7. For the purpose of the present agreement, the Fertile Belt is to be bounded as follows: on the south by the United States boundary; on the west by the Rocky Mountains; on the north by the northern branch of the Saskatchewan; on the east by Lake Winnipeg, the Lake of the Woods, and the waters connecting them. 8. All titles to land up to the 8th March 1869, conferred by the Company, are to be confirmed. 9. The Company is to be at liberty to carry on its trade without hindrance in its corporate capacity, and no exceptional tax is to be placed on the Company's land, trade, or servante, nor any import duty on goods introduced by them previous to the surrender. 10. Canada is to take over the materials of the electric telegraph at cost price, such price including transport, but not including interest for money, and subject to a deduction for ascertained deteriorations. 11. The Company's claim to land under agreement of Messrs. Vankoughnet & Hopkins to be withdrawn. 12. The details of this arrangement, including the filling up the blanks in Articles 4 and 6, to be settled at once by mutual agreement. MEMORANDUM. DETAILS OF AGREEMENT between the Delegates of the Government of the Dominion and the Directors of the Hudson's Bay Company. 1. It is understood that in surrendering to Her Majesty all the rights, &c. of the Company in any part of British North America not comprised in Rupert's Land, Canada, or British Columbia, the Company are to retain the posts they actually occupy in the North West Territory. 2. It is understood that it will be a sufficient act of selection under Article 3, that the Company should, within 12 months, name the number of acres which they will require adjoining each post. The actual survey to be proceeded with, with all convenient speed. 3. It is understood that in the Red River Settlement the size of the blocks to be retained round Upper Fort Garry shall not exceed (10) acres; and that round Lower Fort Garry shall not exceed (300) acres. 4. It is understood that a list of the stations round which the Company will require blocks of land, with the size of the blocks they will require, shall be made out forthwith, and communicated to the Canadian Ministers. 5. It is understood that Article 5 shall be construed to mean that the blocks shall front the river or road, by which means of access are provided, and shall be approximately in the form of parallelograms, of which the frontage shall not be more than half the depth. 6. It is understood that the Company may defer the exercise of their right of claiming their proportion of each township for not more than 10 years after it is set out, but their claim must be limited to an allotment from the lands remaining unsold at the time they declare their intention to make it. 7. It is understood that the blank in Article 6. shall be filled up with eight cents. (Canadian). 8. It is understood that any claims of Indians to compensation for lands repuired for purposes of settlement shall be disposed of by the Canadian Government in communication with the Imperial Government, and that the Company shall be relieved of all responsi bility in respect of them. 22 March 1869. Stafford H. Northcote. MEMORANDUM of a further AGREEMENT between Sir Geo. E. Cartier and Sir Stafford Northcote. INASMUCH as the northern branch of the Saskatchewan River is the northern boundary of the Fertile Belt, and therefore any land on the northern bank is not within the territory of which the Company are to have one-twentieth part, it is understood that in forming the townships abutting on the northern bank the Company shall be at liberty to take their one-twentieth of any such townships, giving up to the Canadian Dominion an equal quantity of the portion of lands coming to them of townships established on the southern bank. It is understood that the townships on the northern bank shall not, for the above purpose, extend more than five miles inland from the river. It is understood that in laying out any public roads, canals, &c., through any block of land reserved to the Company, the Canadian Government may take, without compensation, such land as is necessary for the purpose, not exceeding one twenty-fifth of the total acreage of the block, but if the Canadian Government require any land which is actually under cultivation, or which has been built upon, or which is necessary for giving the Company's servants access to any river or lake, or as a frontage to any river or lake, they shall pay the Company the fair value of the same, and shall make compensation for any injury done to the company or their servants. It is understood that the whole of the land to be appropriated within the meaning of the last preceding clause shall be appropriated for public purposes. London, 29 March 1869. Geo. E. Cartier. That we learn with satisfaction, by letter from the Under Secretary of State for the Colonies of the 9th March last, that in fulfilment of the expectations held out in Mr. Cardwell's Despach of 17th June 1865, your Majesty's Government will be prepared to propose to Parliament that the Imperial guarantee be given to a loan of 300,000 Z., the amount which is proposed to be paid over by Canada on the transfer of the Company's rights. That That upon the transference of the territories in question to the Canadian Government it will be our duty to make adequate provision for the protection of the Indian tribes, whose interests and well-being are involved in the transfer; and we authorise and empower the Governor in Council to arrange any details that may be necessary to carry out the terms and conditions of the above agreement. We therefore most humbly pray that your Majesty will be graciously pleased, by and with the advice of your most honourable Privy Council, under the 146th clause of "The British North America Act, 1867," and the provisions of the Imperial Act, 31 & 32 Vict. c. 105, to unite Rupert's Land on the terms and conditions expressed in the foregoing resolutions, and also to unite the North Western Territory with the Dominion of Canada, as prayed for by and on the terms and conditions contained in our joint address, adopted during the first Session of the first Parliament of this Dominion, and herein before referred to. MEMORANDUM by the Honourable Alexander Campbell. 1. To draw attention to the concluding paragraph of section 3, chapter 105, 31 & 32 Vict., which requires an Order in Council admitting the newly-acquired territory, under the name of Rupert's Land, into the Dominion of Canada within one month of the acceptance of the terms by Her Majesty. 2. To ask that the acceptance of the terms by the Government and Parliament of Canada be signified by the Secretary of State for the Colonies to the Hudson's Bay Company, as required by the resolution of the Company communicated to Sir Frederic Rogers in Sir Stafford Northcote's letter of the 10th of April 1869. 3. To move Her Majesty's Government to take steps during the present Session of Parliament to procure authority to give the guarantee of the Imperial Government for the sum to be paid by Canada to the company. To His Excellency the Right Honourable Sir John Young, Bart., one of Her Majesty's May it please your Excellency, WE, Her Majesty's dutiful and loyal subjects, the Senate and Commons of the Dominion of Canada in Parliament assembled, beg leave to approach your Excellency with our respectful request that you will be pleased to transmit our joint address to Her Majesty, praying that Her Majesty will be graciously pleased by and with the advice of Her Most. Honourable Privy Council under the 146th clause of "The British North America Act, 1867," and the provisions of the Imperial Act, 31 & 32 Vict. c. 105, to unite Rupert's Land on the terms and conditions expressed in the Resolutions on which the said Address is founded, and also to unite the North Western Territory with the Dominion of Canada, as prayed for, by and on the terms and conditions contained in the joint Address of the Senate and Commons of Canada, adopted during the first Session of the first Parliament of Canada, in such a way as to your Excellency may seem fit, in order that the same may be laid at the foot of the Throne. TELEGRAM. (Received 19 June 1869.) From the Right Honourable Sir John Young, Bart., G.C.M.G., to the Earl Granville, K.G., London. 19 June 1869. PLEASE ask Hudson Bay authorities on behalf of Canadian Government for leave to survey lands for settlement before actual transfer, so as not to lose season. Explanation by post. No. 10. No. 10. (No. 73.) Governor General COPY of a DESPATCH from Governor General the Right Honourable Sir John Young, Bart., G.C.M.G., to the Earl Granville, K.G. Sir J. Young, Bart., to Earl Granville, K.G. 2 July 1869. My Lord, Government House, Ottawa, 2 July 1869. Ar the request of the Ministers, I have the honour to transmit, for your Lordship's information, copies of the messages sent by me to Parliament during last Session, conveying the reports and representations and correspondence of the Honourable Sir George E. Cartier, Bart., and the Honourable William M'Dougall, C.B., who were appointed delegates by the Canadian Government, to confer with Her Majesty's Government on a variety of subjects. The stay of the delegates in England was extended over several months from autumn of last, to the spring of this year. I have, &c. (signed) John Young. Enclosure in No. 10. John Young, Enclosure in No. 10. RUPERT'S LAND AND THE NORTH-WEST TERRITORY. MESSAGE. THE Governor General transmits, for the consideration of the House of Commons, the Report of the Delegates appointed to negotiate for the acquisition of Rupert's Land and the North West Territory. Government House, Ottawa, 17 May 1869. COPY of a REPORT of a Committee of the Honourable the Privy Council, approved by THE Committee have had under consideration the accompanying Report and Correspondence of the delegates appointed, by Orders in Council, of 1st October last, to proceed to England to negotiate the terms for the acquisition by Canada of Rupert's Land and the North West Territory, and they humbly advise that the said Report, and the terms agreed upon, as set forth in the said Report and Correspondence, be approved by your Excellency and submitted for the consideration and sanction of Parliament. To His Excellency the Right Honourable Sir John Young, Bart., G.C.B., G.C.M.G., Governor General of Canada. May it please your Excellency, WE have the honour to submit for your Excellency's consideration the following report of our negotiations with Her Majesty's Imperial Government for the transfer to the Dominion of Canada of Rupert's Land and the North Western Territory. Under the authority of an Order in Council of the 1st October 1868, we were appointed a delegation to England to arrange the "terms for the acquisition by Canada of Rupert's Land," and by another Order in Council of the same date, we were authorised to arrange "for the admission of the North West Territory into union with Canada, either with or without Rupert's Land, as may be found practicable and expedient." We proceeded at once to execute the important mission confided to us, and on presenting ourselves at the Colonial Office, were invited by his Grace the Duke of Buckingham and Chandos, then Secretary of State for the Colonies, to visit him at Stowe, for the purpose of discussing freely and fully the numerous and difficult questions which were involved in the transfer of .these these great territories to Canada. We found that his Grace had already made some progress in the preliminaries of a negotiation (under the Act 31 & 32 Vict. c. 105) with the Hudson's Bay Company for the surrender to Her Majesty of the territorial and political rights which they claimed in Rupert's Land. We objected very earnestly to some of the demands of the Company which were communicated to us by his Grace; but after much consideration and important modifications of the Company's demands, we agreed that if they would surrender the territory on the conditions which his Grace proposed, we would recommend the acceptance of these conditions by the Canadian Government. The Duke of Buckingham's proposals will be found in the letter of Mr. Adderley, of the 1st December 1868, addressed to the Governor of the Hudson's Bay Company. Considerable delay in the negotiations was occasioned by the retirement from office of the Duke of Buckingham and his colleagues, and also by the resignation of Lord Kimberley, the then Governor of the Company. On the 18th January 1869, Earl Granville, who had acceded to office as Secretary of State for the Colonies, transmitted to us the reply of the Company, declining the proposals of the Duke of Buckingham. His Lordship subsequently requested us to communicate to him any observations which we might desire to offer upon this reply of the Company, and upon certain counter proposals which it contained. We felt reluctant, as representatives of Canada, to engage in a controversy with the Company concerning matters of fact, as well as questions of law and policy, while the negotiations with them was being carried on by the Imperial Government in its own name and of its own authority. But we did not feel at liberty to decline Lord Granville's request, and on the 8th of February, stated at length our views upon the various points raised in the letter of Sir Stafford Northcote, the new Governor of the Company, in answer to the proposals of the Duke of Buckingham. We beg to refer your Excellency to the correspondence, for full information as to the positions taken and the opinions expressed by us at this stage of the negotiation. Lord Granville, being of opinion that the rejection by the Company of the proposals of his predecessor had terminated the negotiations instituted by him, submitted for our consideration proposals of his own, based on a different principle from that which had been laid down by the Duke of Buckingham. We felt it our duty to state to his Lordship, that these proposals would not be acceptable to the Canadian Government. They were subsequently modified, and in the form in which they appear in the letter of Sir Frederic Rogers of the 9th March, were conditionally accepted by us, subject to the approval of your Excellency in Council. Certain details were left by Lord Granville to be settled between the representatives of the Company and ourselves, which led to interviews and discussions with them, and to a correspondence which is also submitted herewith. During the progress of the negotiations, a formal complaint was made to the Colonial Secretary by the representatives of the Company against the Canadian Government for undertaking the construction of a road between Lake of the Woods and the Red River Settlement, without having first obtained the consent of the Company. The letter conveying this complaint was referred to us by Earl Granville for such explanations as we were able to offer. The correspondence on this subject is also respectfully submitted. Your Excellency is aware that since our return to Canada, the Hudson's Bay Company have signified to Lord Granville their acceptance of the terms proposed by him for the surrender to Her Majesty of their territorial rights in Rupert's Land. We have, therefore, the honour to submit the same, with a memorandum of the "details" agreed to by us on behalf of the Canadian Government, for the approval of your Excellency, and for such action thereupon as your Excellency may be advised to take. All of which is respectfully submitted. Ottawa, 8 May 1869. (signed) Geo. E. Cartier. |