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according to the English pretension prior to 1763, is merely a conventional addition "to Ontario. It is a proposition to take in a territory as part of old Quebec, and now as part of Ontario, which was never legally or constitutionally included prior to this "awaid. But, while I say that, I must add that if the true legal interpretation of the "Act of 1774 requires you to run the western line due north from the head of the Mississippi, until it strikes the Hudson's Bay territories, then the arbitrators have "lett out a portion of country north of the Albany quite equal to this in territorial "extent."

Mr. Thomas Hodgins, Q.C., who acted as one of the counsel for Ontario before the Arbitrators, claims that Upper Canada covered the whole of the North and North West Territories from the confines of Hudson's Bay to the Rocky Mountains, and he ignores the Hudson's Bay Company's claims in great part. His evidence before your Committee, hereunto annexed, and his argument before the Arbitrators, which also is appended, should be considered in connection with the opinions of counsel accompanying the evidence of the Hon. D. A. Smith.

The Attorney-General for Ontario (Hon. O. Mowat), has not been examined, but his statement of the case for Ontario and his very able argument before the Arbitrators, are appended.

Protestor Robert Bell, of the Geological Survey, was examined in reference to the character of the territory in dispute, and from his description, as well as from that contained in a pamphlet issued by the Government of Ontario and reproduced in the appendix, it would appear that, in many parts of the wide region extending from Hudson's Bay on the east to the confines of the prairies on the west, the soil is remarkably good, and the climate favorable to the growth of cereals. Valuable timber, including both white and red pine, abounds on the waters of Rainy River, and on the head waters of the Moose and Albary Rivers. The Albany is navigable for 250 miles of its course from the sea westward. Coal is to be found on the northern slope, and gold and silver have been discovered at Keewaydin. The climate is throughout bearable, and even in the most northerly sections, not so severe but that garden vegetables and the hardier cereals can be grown, while in the western sections, about Rainy River, the Lake of the Woods and the Winnipeg, the climate is equal to that of Manitoba, the Indians raising Indian corn from year to year, as they have done from time immemorial."

On referring to the evidence in detail, as appended, and the report of the proceedings before the Arbitrators, it will be seen that on the part of Ontario it is claimed that the term "northward" in the Quebec Act was intended to apply to the whole territory east of the Mississippi, and that the Mississippi was the boundary line on the west. In support of this view, the two following commissions are always brought forward :

27TH DECEMBER, 1774.

SIR GUY CARLETON-Captain-General and Governor-in-Chief of the Province of Que'er.

And further know you, that we, reposing especial trust and confi lence in the prudence, courage and loyalty of you, the said Guy Carleton, of our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint you, the said Guy Carleton, to be our Captain-General and Governor-in-Chief in and over our Province of Quebec, in America, comprehending all our territories, islands and countries in North America, bounded on the south by a line from the Bay of Chaleurs, along the highlands which divide the rivers that empty themselves into the River St. Lawrence from those which fall into the sea, to a point in forty ve degrees of northern latitude, on the eastern bank of the River Connecticut, keeping the same latitude directly west, through the Lake Champlain, until in the same latitude, it meets with the River Saint Lawrence; from thence up the eastern bank of the said river to the Lake Ontario, thence through the Lake Ontario, and the river commonly called Niagara, and thence along by the eastern and south-eastern bank of Lake Erie, following the said bank until the same shall be intersected by the

northern boundary granted by the charter of the Province of Pennsylvania, in case the same shall be so intesected, and from thence along the said northern and western boundaries of the said Province, until the said western boundary strikes the Ohio; but in case the said bank of the said lake shall not be found to be so intersected, then following the said bank until it shall arrive at that point of the said bank which shall be nearest to the north-western angle of the said Province of Pennsylvania, and thence by a right line to the said north-western angle of the said Province, and thence along the western boundary of the said Province until it strikes the River Ohio, and along the bank of the said river westward to the banks of the Mississippi, and northward along the eastern bank of the said river to the southern boundary of the territory granted to the Merchant Adventurers of England trading to Hudson's Bay, and also all such territories, islands and countries which have, since the tenth day of February, one thousand seven hundred and sixty-three, been made part of the Government of Newfoundland as aforesaid, together with all the rights, members and appurtenances whatsoever thereunto belonging.

18TH SEPTEMBER, 1777.

SIR FREDERICK HALDIMAND-Captain-General and Governor-in-Chief of the Province of Quebec.

[This Commission contains Boundary Line descriptions similar to that of 27th Decomber, 1774.]

Reading these commissions literally and by themselves, they carry the western boundary of the then Province of Quebec to the Mississippi, and seem to bring the southern boundary of the Territories of the Merchant Adventurers of England trading into Hudsons' Bay to that River, but they certainly do not carry the northern boundary of Quebec further north than the sources of the Mississippi. These commissions will, however, be considered in connection with other commissions of equal authority further on.

It has also been contended that the western boundary of Ontario runs to the north-west angle of the Lake of the Woods, and from thence westward to the Mississippi, as in the following commission:

22ND APRIL, 1786.

SIR GUY CARLETON, K.B, [afterwards Lord Dorchester]-Captain-General and Governor-in-Chief of the Province of Quebec.

And further know ye, that we, reposing especial trust and confidence in the prudence, courage and loyalty of you, the said Sir Guy Carleton, of our especial grace, certain knowledge and mere motion, have thought fit to appoint you. the said Sir Guy Carleton, to be our Captain-General and Governor-in-Chief in and over our Province of Quebec, in America, comprehending all our Territories, Islands, and Countries in North America, bounded on the south by a line from the Bay of Chaleurs, along the high lands which divide the rivers that empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean, to the north-westmost head of Connecticut River; thence down along the middle of that river to the fortyfifth degree of north latitude; from thence by a line due west on said latitude until it strikes the River Iroquois or Cataraqui; thence along the middle of said river into Lake Ontario; through the middle of said lake until it strikes the communication by water between that lake and Lake Erie; through the middle of said lake until it arrives at the water communication between that lake and Lake Huron; thence along the middle of said water communication into the Lake Huron; thence through the middle of said lake to the water communication between that lake and Lake Superior;

thence through Lake Superior northward of the Isles Royal and Phillipeaux to the Long Lake; thence through the middle of said Long Lake and the water communication between it and the Lake of the Woods to the said Lake of the Woods; thence through 'the said lake to the most north-western point thereof, and from thence on a due west course to the River Mississippi; and northward to the southern boundary of the torritory granted to the Merchant Adventurers of England trading to Hudson's Bay; and also all such territories, islands and countries which have, since the tenth of February, one thousand seven hundred and sixty-three, been made part of the Government of Newfoundland, together with all the rights, members and appurtenances whatsoever thereunto belonging.

In 1791, the Constitutional Act 31 George III, cap. 31, was passed, and soon afterwards the foregoing commission of 22nd April, 1786, was absolutely and completely revoked, and a new commission limiting the Province of Upper Canada to so much of the former Province of Quebec as lay to the westward of the dividing line issued. In no commission subsequent to the date of the one so revoked were the boundaries of Upper Canada described as extending to the Lake of the Woods. The following is the commission referred to :

12TH SEPTEMBER, 1791.

GUY, LORD DORCHESTER-Captain-General and Governor-in-Chief of the Provinces of Upper Canada and Lower Canada.

Greeting:

Whereas, We did by our Letters Patent, under Our Great Seal of Great Britain, bearing date the twenty-second day of April, in the twenty-sixth year of our reign, constitute and appoint you, Guy, Lord Dorchester [then Sir Guy Carleton], to be our Captain-General and Governor-in-Chief in and over our Province of Quebec in America, comprehending all our territories, islands and countries in North America then bounded as in Our said recited Letters Patent was mentioned and expressed.

Now know ye, that we have revoked, determined, and by these presents do revoke and determine, the said recited Letters Patent, and every clause, article or thing therein contained.

And whereas, we have thought fit by our order, made in our Privy Council on the nineteenth day of August, one thousand seven hundred and ninety-one, to divide our said Province of Quebec into two separate provinces, to be called the Province of Upper Canada and the Province of Lower Canada, by a line to commence at a stone boundary on the north bank of the Lake St. Francis at the Cove west of the Pointe au Baudet, in the limit between the Township of Lancaster and the Seigneurie of New Longueuil, running along the said limit to the direction of north_thirty-four degrees west to the westernmost angle of the said Seigneurie of New Longueuil; thence along the north-western boundary of the Seigneurie of Vaudreuil, running north twenty-five degrees east, until it strikes the Ottawas River, to ascend the said river into the Lake Temmiscaming, and from the head of the said lake by a line drawn due north until it strikes the boundary line of Hudson's Bay; the Province of Upper Canada to comprehend all such lands, territories and islands lying to the westward of the said line of division, as were part of our said Province of Quebec, and the Province of Lower Canada to comprehend all such lands, territories and islands lying to the eastward of the said line of division, as were part of our said Province of Quebec.

And whereas, by an Act passed in the present year of our reign, intituled "An "Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's "reign, intituled An Act for making more effectual provision for the Government of "Quebec, in North America, and to make further provision for the Government of "the said Province," further provision is hereby made for the good Government and prosperity of our said Provinces of Upper and Lower Canada.

Further know ye, that we, reposing especial trust and confidence in the prudence, courage and loyalty of you, the said Guy, Lord Dorchester, of our especial grace, certain knowledge and mere motion, have thought fit to constitute and appoint you, the said Guy, Lord Dorchester, to be our Captain-General and Governor-in-Chief of our said Province of Upper Canada, and of our said Province of Lower Canada, respectively, bounded as herein before described.

On the 16th of the same month (Sept., 1791) instructions, signed by the King's own hand, were issued to Lord Dorchester, in which the boundaries set down in the foregoing commission of the 12th of the same month are particularly mentioned as among the things to be made public, as will be seen on reference to the following:EXTRACT from His Majesty's Instructions to His Excellency Lord Dorchester, dated at St. James', the 16th September, 1791, viz. :—

1st. With these our instructions, you will receive our commission under our Great Seal of Great Britain constituting you our Captain-General and Governor-in-Chief in and over our Provinces of Upper Canada and Lower Canada, bounded as in our said commission is particularly expressed. In the execution, therefore, of so much of the office and Trust we have reposed in you, as relates to our Province of Lower Canada, you are to take upon you the administration of the Government of the said Province, and to do and execute all things belonging to your command according to the several powers and authorities of our said commission under our Great Seal of Great Britain, and of the Act passed in the present year of our reign therein recited, and of these our instructions to you, and according to such further powers and instructions as you shall at any time hereafter receive under our Signet and Sign Manuals, or by our order in our Privy Council.

2nd. And you are with all due solemnity, before the members of our Executive Council, to cause our said Commission to be read and published, which being done, you shall then take, and also administer to each of the members of our said Executive Conncil, the oaths mentioned in an Act passed in the first year of His late Majesty King George the First.

On the 18th November following the much discussed Proclamation of General Alured Clarke was issued, but leaving its consideration aside for the moment, your Committee beg to draw the attention of your Honorable House to the fact that for a period of nearly forty-seven years, intervening between the 16th September, 1791, the date of the foregoing instructions to Lord Dorchester, and the 30th March, 1838, the descriptions of boundaries in the commissions and instructions to the Governors were all precisely the same as those in the commission of 12th September, 1791, above quoted.

On the latter date (30th March, 1838) the description of the boundaries of Upper Canada having evidently been very carefully reconsidered, was given as follows:-

30TH MARCH, 1838.

JOHN GEORGE, EARL OF DURHAM.-Captain-General and Governor-in-Chief of the Province of Upper Canada.

Our said Province of Upper Canada; the said Province being bounded on the east by the line dividing that Province from Lower Canada, beginning at a stone boundary on the north bank of the Lake St. Francis at the Cove west of the Point au Beaudet in the limit between the Township of Lancaster and the Seigneurie of New Longueuil, running along the said limit in the direction of north thirty-four degrees west to the westernmost angle of the said Seigneurie of New Longueuil, thence along the north-western boundary of the Seigneurie of Vaudreuil, running north twenty-five degrees east until it strikes the Ottawa River, to ascend the said river into the Lake Temiscaming, the said Province of Upper Canada being also

bounded by a line drawn due north from the head of the said lake until it reaches the shore of Hudson's Bay; the said Province of Upper Canada being bounded on the south beginning at the said stone boundary between Lancaster and Longueuil by the Lake St. Francis, the River St Lawrence, the Lake of the Thousand Islands, Lake Ontario, the River Niagara, which falls (leads) into the Lake Erie, and along the middle of that lake; on the west by the channel of Detroit, Lake St. Clair, up the River St. Clair, Lake Huron, the west shore of Drummond Island, that of St. Joseph and Sugar Island, thence into Lake Superior.

In all subsequent conmissions in which descriptions are given they are the same, nearly word forword, as in the commission of 30th March, 1838, to the Earl of Durham. It will be observed that the conditions as to a western boundary in these later commissions would be met by a line running northward from the most easterly point of Lake Superior. But the commissions say "into" Lake Superior without indicating how far into that lake or, in other words, how far westward along the international boundary, where it runs through Lake Superior, Upper Canada was to extend before meeting the western limitary line. One thing, however, is certain, and that is that if these later commissions are to be taken as the guide-and they are of equal authority with the earlier ones-the western boundary line must be found in Lake Superior, not certainly beyond it. Two commissions, those of 22nd December, 177, and 18th September, 1777, above quoted, carry the western boundary line of the then Province of Quebec, along the Mississippi to the southern boundary of the territories of the Merchant Adventures of England trading into Hudsons Bay, which, according to the wording of these documents, must be found on that river, and one commission (subsequently revoked), that of 22nd April, 1786, to Lord Dorchester, carries the line to the north-west angle of the Lake of the Woods and thence westward to the Mississippi.

Seven subsequent commissions of equal authority with the foregoing, the first dated the 30th March, 1838, carry the boundary of Upper Canada simply "into" Lake Superior.

The entrance to Lake Superior might, therefore, according to these subsequent commissions, be adopted as the western limit of Upper Canada, and such a limit would be about as far to the eastward of the prolongation of a line running due north from the junction of the Ohio and Mississippi as the Mississippi line, so called, is to the westward of a line so prolonged.

In the view of your Committee there must have been some cause for this very marked change in the wording of the boundary descriptions, and your Committee believe that it lay in the state of affairs which had arisen both at the head of Lake Superior, and to the westward of the water-shed. A new colony, with wide ramifications, was springing up in the Indian Territories, the south-eastern boundary of which, according to the then existing descriptions, came up to the Height of Land, and the change was, doubtless, made so that the commissions to Governors might be such as to prevent the possibility of the description in the one case clashing with that which had been adopted in the other. At that time, too, the Hudson's Bay Company were pressing for a renewal, in a new form, of their license of trade in the Indian Territories. The boundaries of these Territories had been much discussed and a decision indicating their locality, at least in part, given in the highest Provincial Court then existing, so that there can, in the opinion of your Committee, be no doubt as to the question of the boundaries between Upper Canada and the Indian Territories, as well as the Hudson's Bay Company's Territories, having been at that time brought to the serious attention of the Imperial authorities, with the result shown in a new description in the commission of 1838, to Lord Durham, which was never afterwards altered or revoked.

The following evidence, given by the Hon. Donald A. Smith, M.P., formerly Governor of the Hon. Hudsons Bay Company's Territories, will serve to show that the Colony of Assiniboia was in some measure recognized by the Imperial Government.