Full text of "The Canadian North-west, its early development and legislative records : minutes of the Councils of the Red River colony and the Northern Department of Rupert's Land"

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Publications of the Canadian Archives, No. 9.

THE CANADIAN NORTH-WEST

ITS EARLY DEVELOPMENT

7 67T

AND

LEGISLATIVE RECORDS .

XFTES OF THE COUNCILS OF THE RED RIVER
COLONY AND THE NORTHERN DEPART-
MENT OF RFPERT'S LAND.

(iN TWO VOLUMES.)

VOL. I.

EDITED BY

PROF. E. H. OLIVER,

OF THE UNIVERSITY OF SASKATCHEWAN.

Published by authority of the Secretary of State
under the direction of the Archivist.

OTTAWA
GOVERNMENT PHINTINH; BURKAU

1914
28159—1

PRESERVATION

SERVICES

•

• . : • . •""•" ': .'/v-xj
586340

V-)

VERSION
AVAILABLE

PKEFACE.

In the following pages the aim has been twofold, to give a
complete picture of Pioneer Legislation and a survey of Con-
stitutional Development in the Prairie Provinces. The docu-
ments relating to the former have been hitherto unpublished.
The material for the latter has been gleaned chiefly, though not
entirely, from Imperial Blue Books, Dominion Sessional
Papers, Journals of the Council and Legislative Assembly of
the North West Territories, Parliamentary Eeturns and
Departmental Files. The inhabitants of the Prairies, are so
lately come to the West, and the care taken of official documents
has, in general, been so unsystematic and inadequate, that
ready access to these documents has been impossible. The sec-
tion entitled the Period of Transition is avowedly incomplete.
Only so much has been extracted from the Sessional Papers as
would make the story of development continuous. The starting
point is the Royal Charter of the Hudson's Bay Company. The
conclusion is to be found in the Manitoba, Saskatchewan and
Alberta Acts. The aim has been to bridge for the student and
the citizen the great gulf that lies between. Towards this result
we believe that no slight contribution will have been made by
the publication of the Minutes, in only six or seven cases in-
complete, of no less than 147 meetings of the Council of Assini-
boia. Of these only three have hitherto been printed.

These are followed by those of the Northern Department of
Rupert's Land from 1830-1843.

A formal commencement of political government was made
in Western Canada exactly one century ago this very day. It
was just one hundred years ago to-day, September 4, 1812,
that Miles Macdonell, in the name of Lord Selkirk, took peace-
able and quiet possession of the District of Assiniboia. It
may be noted also that it has required just a hundred years
from the time the first settlers came to the Red River from
Hudson Bay in 1812 to effect* the extension of the political
boundaries of the District of Assiniboia and its constitutional
successor and heir, the Province of Manitoba, from the Forks
of the Red and Assiniboine Rivers to the coasts of Hudson
Bay.

E. H. O.
September 4, 1912.

University of Saskatchewan.

Saskatoon.

28159— 1J

SUMMARY.

Page.

1. THE CONSTITUTIONAL DEVELOPMENT OF THE PRAIRIE

PROVINCES 20

2. THE DISTRICT OF ASSINIBOIA.

1. Introduction . . . . 31

2. The District of Assiniboia 32

3. The Constitution of the Council 33

4. The Work of the Council 35

5. The Documents 105

3. THE COUNCIL OF THE N". W. T. A -: FOET GAKBY.

1. The Council .117

2. The Members of the Council 121

3. The Work of the Council 130

4. DOCUMENTS. (See next page) 135

CLASSIFICATION OF THE DOCUMENTS,

A. THE ROYAL CHARTER INCORPORATING THE HUDSON'S

BAY COMPANY, 1670.

B. THE DISTRICT OF ASSINIBOIA.

C. NORTHERN DEPT. OF RUPERT'S LAND.

D. THE PERIOD OF TRANSITION.

E. THE NORTH WEST TERRITORIES*
APPENDIX.

DETAIL OF DOCUMENTS.

A. THE ROYAL CHARTER INCORPORATING THE HUDSON'S

BAY COMPANY, 1670 1S5

B. THE DISTRICT OF ASSINIBOIA 154

1. The Selkirk Period.

(a) Grant of the District of Assiniboia by the Hud-

son's Bay Company to Lord Selkirk . . 154:

(b) Miles Macdonell 168

1. Instructions to Miles Macdonell, 1811.

2. Letter from Selkirk to Miles Macdonell, June,

13, 1811.

3. Extract of letter from Selkirk to Miles Mac-

donell, June 29, 1811.

4. Blank Commission signed by Selkirk enabling

Miles Macdonell to appoint successor,
June 29, 1811.

5. Notice published in The Quebec Gazette,

Dec. 12, 1811.

6. Extract of letter from Miles Macdonell to

Selkirk, May 31, 1812.

7. Letter from. Selkirk to Miles Macdonell, June

13, 1813, in reply to the above.

8. Extract from Journal of Miles Macdonell,

Sept. .3 and 4, 1812,

9. Proclamation issued by Miles Macdonell, Jan.

8, 1814.

10. Instructions relative to judicial proceedings
issued to Miles Macdonell and Council,
.1814.

CANADIAN ARCHIVES

11. Extract of letter from Miles Macdonell to

Wm. Auld, Feb. 4, 1814.

12. Appointment of John Spencer as Councillor

of Assiniboia, Feb. 8, 1814.

13. Memoranda issued to Miles Macdonell, June

10, 1814.

14. Extract of letter from Selkirk to Miles Mac-

donell, July 9, 1814.

15. Extract of letter from Miles Macdonell to

Selkirk, July 25, 1814.

16. Notice issued to Allan Macdonell, Oct. 21,

1814.

17. Notice issued to Duncan Cameron, Oct. 21,

1814.

18. Extract of letter from Selkirk to Miles Mac-

donell, Mar. 23, 1815.

19. Proclamation issued by Miles Macdonell,

April 18, 1815.

20. Extract of letter from Selkirk to Miles Mac-

donell, April, 1815.

21. Extract of letter from Selkirk to Thomas

Thomas, May 24, 1815.

22. Kesolutions passed at a General Court of the

Hudson's Bay Company, May 19, 1815.

23. Extract of letter from Miles Macdonell to Sel-

kirk, Sept. 18, 1815.

24. Extract of letter from Miles Macdonell to hig

brother Donald, Sept. 11, 1816.

1. Letter from James White and Council to Sel-

kirk, June 24, 1815.

2. Articles of Agreement between Chief Factor

James Sutherland and Surgeon James
White and:the Halfbreeds, June 25, 1815.

3. Extract of letter from Robert Semple to Sel-

kirk, Sept. 11, 1815.

(d) Colin Robertson.

1. Letter from Robert Semple to Colin Robert-

son, Sept. 5, 1815.

2. Extract of letter from Selkirk to €olin

Robertson, Mar. 30, 1816.

3. Letter from Robert Semple to Colin Robert-

son, April 12, 1816.

PIONEER LEGISLATION 9

(e) Robert Semple.

1. Appointment of Thomas Thomas as Coun-

cillor of Assiniboia, Aug. 30, 1815.

2. Letter from Robert Semple to Peter Fidler,

Sept. 5, 1815.

3. Letter from Robert Semple to Duncan

Cameron, Mar. 31, 1816.

(f) Alexander McDonell.

1. Suggestions regarding judicial arrangements,

June, 1818.

2. Appointment of Alexander McDonell as

Agent, in Assiniboia, Feb. 24, 1820.

3. Memorandum, of guidance as Agent for Sel-

kirk's Executors, 1821.

4. Extract of letter from John Pritchard to

Andrew Colvile, Aug. 31, 1821.

5. Extract of letter from George Simpson to J.

Halkett, June 23, 1822.

(g) Andrew Bulger.

1. Terms upon which Andrew Bulger will under-

take the charge of Red River Settlement,
Feb. 21, 1822.

2. Appointment of Andrew Bulger to the charge

of Red River Settlement by A. Colvile,
Mar. 27, 1822.

3. The Commission of Andrew Bulger as Gov-

ernor Locum Tenens of Ossiniboia, Mar.
27, 1822.

4. Resolutions passed at a General Court of the

Hudson's Bay Company, May 29, 1822.

5. Letter from Lord Bathurst to Joseph Berens,

May 31, 1822.

6. Extract of letter from A. Colvile to J. Hal-

kett, May 31, 1822.

7. Extract of letter from A. Colvile to A. Bul-

ger, May 31, 1822.

8. Letter f rom J. H. Pelly, Thomas Langley, A.

Colvile and 2sT. Garry to Andrew Bulger,
June 1, 1822.

9. Extract of letter from A. Bulger to A. Col-

vile, July 25, 1822.
10. Extract of letter from A. Bulger.

10 CANADIAN ARCHIVES

11. Extract of letter from J. Halkett to A. Bul-

ger, Aug. 19, 1822.

12. Extract of letter from A. Bulger to A. Col-

vile, ( ?) Sept. 8, 1822.

13. Extract of letter from A. Bulger to the Bishop

of Juliopolis, Sept, 10, 1822.

14. Minutes of the Council of Assiniboia, Dec.

4, 1822.

15. Deposition of Pierre Perronne before Gov-

ernor Bulger, Jan. 27, 1823.

16. Warrant issued by Governor Bulger, Jan. 27,

1823.

17. Examination of John Dubach by Governor

Bulger, Feb. 10, 1823.

18. Minutes of the Council of Assiniboia, Feb.

18, 1823.

19. Commission issued to Donald Murray and

Donald McKay by Governor Bulger,
Mar. 31, 1823.

20. Correspondence between Governor Bulger and

Chief Factor Clarke relating to land for
retired servants of the Company, 1823.

21. Minutes of the Council of Assiniboia, May 3,

1823.

22. Letter from Governor, Deputy Governor, and

Committee of the Hudson's Bay Co., to
George Simpson, May 21, 1823.

23. Extract of letter from A. Colvile to A. Bulger,

May 21, 1823.

24. Agreement between Governor Bulger and

Michael Bousquet for a lot of land, June
1, 1823.

25. Oath required from Settlers at Red River.

26. Notice issued by Governor Bulger, June 10,

1823.

27. Examination of James Mitchell before the

Council of Assiniboia, July 8, 1823.
(h) William Kempt.

1. Extract of letter from George Simpson to A.

Colvile, Sept, 8, 1823.

2. Extract from Kenrpt's Journal,
(i) Robert Parker Pelly.

1. Memorandum for Captain Pelly respecting
Red River Settlement, Jan./ 1823.

PIONEER LEGISLATION 11

2. Power of Attorney issued by Selkirk's Exec-

utors to George Simpson and Robert
Parker Pelly, May 19, 1823.

3. Extract of letter from George., Simpson to A.

Colvile, Sept. 8, 1823.

4. Extract of letter from George Simpson, to A.

Colvile, Nov. 1, 1823.

5. Extract of letter from George Simpson to A.

Colvile, May 31, 1823.
ft, Public Notice regarding Title Deeds, Jan.

20, 1825.
(j) Donald McKenzie.

1. Letter from George Simpson to William

Kempt, July 9, 1823.

2. Letter from Donald McKenzie to A. Colvile,

3. Minutes of the Council of Assiniboia, May 4,
1832.

2. The Company Period.

(a) Minutes of the Council of Assiniboia, Feb. 12,

1835— Oct. 30, 1869—115 Sessions.

(b) Letter from Judge Black to Thomas Bunn, Nov. 4,

1869.

cillors of Assiniboia, Sept. 3, 1870.

(d) Extract of letter from Lieutenant Governor Arch-

ibald to the Secretary of State, for the Prov-
inces, Sept. 10, 1870.

(e) Address presented by tlie Council of Assiniboia

to Lieutenant Governor Archibald, Sept. 6,
1870.

(f) Reply of Lieutenant Governor Archibald to an

Address by the late Council of Assiniboia,
Sept, 6, 1870.

C. NORTHERN DEPARTMENT OF RUPERT'S LAND. , y:>^

1. Minutes of Council, 1830.

2. " 1831. V.fco

3. " <• " 1832.

4. 1833.

1835.

6. " « 1836.

7. Standing Rules and Regulations.

12 CANADIAN ARCHIVES

8. Minutes of Council, 1837.

9. " " " 1839.

10. Russian Agreement.

11. Instructions for preparing Caviare.

12. Minutes of Council, 1840.

13. Scheme of Benefit Fund.

14. Minutes of Council, 1841.

15. Average Price List for valuing Returns of Trade,
1841.

16. Minutes of Council, 1842.

17. " , " " 1843.

18. Freight and Passenger Rates, 1843.

19. Requisition for Norway House, 1845.

D. THE PERIOD OF TRAXSITIOST.

1. British North America Act, 1867. Section 146.

2. Thomas Spence at Red River and Portage la Prairie.

(a) Memorial presented to the Queen by the Mer-

chants, Traders, Farmers, etc., of the Red
River Settlement, Dec. 3, 1866.

(b) Letter from President Thomas Spence to the

Secretary of State for Colonial Affairs, Feb.
19, 1868.

Thomas Spence, April 4, 1868.

(d) Letter from Downing Street to President

Thomas Spence, May 30, 18-68.

3. Instructions issued to Hon. Wm. McDougall as Lieut-

enant Governor of the North West Territories,
Sept. 28, 1869.

4. Notice issued to Hon. Wm. McDougall forbidding him

to enter the North West Territories, Oct. 21, 1869.

5. Letter from J. S. Dennis to Hon. Wm. McDougall,

Oct. 27, 1869.

6. Letter from Governor Mactavish to Hon. Wm. Mc-

Dougall, Oct. 30, 1869.

7. Letter from Hon. Wm. McDougall to Governor Mac-

tavish, Nov. 2, 1869.

8. Public Notice to Inhabitants of Rupert's Land, Nov.

6, 1869.

9. Letter from Mr. Snow to Hon. Wm. McDougall, Nov.

9, 1869.
10. Proclamation by Governor Mactavish, Nov. 16, 1869.

PIONEER LEGISLATION 13

11. Proclamation by Hon. Wm. McDongall, Dec. 1, 1869.

12. Commission appointing Col. Dennis, Lieutenant and

Conservator of the Peace, Dec. 1, 1869.

13. Proclamation by Hon. Wm. McDougall, Dec. 2, 1869.

14. Proclamation of Sir John Young, Governor General

of Canada, Dec. 6, 1869.

15. Letter from Hon. Joseph Howe to Hon. Wm. Mc-

Dougall, Dec. 7, 1869.

16. Proclamation by the Provisional Government Dec. 8,

1869.

17. Commission issued to Donald A. Smith appointing

him Special Commissioner, P<H\ 17, 1869.

18. Letter from Hon. Joseph Howe to Hon. Wm. Me-

Dougall, Dec. 24, 1869.

19. Orders of the Provisional Government of Rupert's

Land, Jan. 8, 1870.

20. Official orders of the Provisional Government, Mar. 5,

1870.

21. Resolutions of the Council of the Provisional Govern-

ment, Mar. 15, 1870.

22. List of Rights, presented to the Dominion Govern-

ment.

23. Proclamation to the people of the North West, April

9, 1870.

24. Report of Donald A. Smith.

25. Rupert's Land Act, 1868.

26. Order of Her Majesty in Council admitting Rupert's

Land and the North Western Territory into thfl
Union, June 23, 1870.

27. The Manitoba Act, 1870.

28. Telegrams from Sir John Young to Earl Granville,

May 12 and 15, 1870.

E. THE NORTH WEST TERRITORIES.

1. An Act for the temporary Government of Rupert's

Land and the North Western Territory when
united with Canada, 1869.

2. The Council of the North West Territories at Fort

Garry.

1. Instructions issued to Lieutenant Governor Arch-

ibald, Aug. 4, 1870.

2. Letter from Lieutenant Governor Archibald to the

Secretary of State for the Provinces, Oct. 22.
1870.

14 CANADIAN ARCHIVES

3. Letter from Lieutenant Governor Archibald to the

Secretary of State for the Provinces, Oct. 22,
1870.

4. Ordinance passed by the Lieutenant Governor and

Council of Rupert's Land and the North West
Territories for the. prevention of small pox, Oct.
22, 1870.

5. Letter from the Secretary of State for the Prov-

inces to Lieutenant Governor Archibald, Nov.
17, 1870.

6. Letter from the Secretary of State for the Prov-

inces to Lieutenant Governor Archibald, Nov.
19, 1870.

7. Letter from Lieutenant Governor Archibald to the

Secretary of State for the Provinces, Nov. 22,
1870.

8. Letter from Lieutenant Governor Archibald to the

Secretary of State for the Provinces, Dec.* ti,
1870.

9. Letter from Lieutenant Governor Archibald to the

Secretary of State for the Provinces, Dec. 7,
1870.

10. Letter from the Secretary of State for 'the Prov-

inces to Lieutenant Governor Archibald. Dec. 13.
1870.

11. Letter from the Secretary of State for the Prov-

inces to Lieutenant Governor Archibald. Dec
28, 1870.

12. Minutes of a Council, Dominion Government, Oct.

1, 1873.

3. Minutes of the Council of the North West Territories

held at Fort Garry on the following dates : —
1873,— Mar. 8, 10.

. Sept. 4, 8, 1JL, 13.
1874,— Mar. 11, 12, 14, 16.
June 1, 2.
Dec. 3, 4, 7.

1875,— Nov. 23, 24, 25, 20.
Dec. 14.

4. The North West Territories Act; 1875.

5. A Constitutional Question.

1. Resignation of Advisory Council, Oct. 29, 1889.

2. Letter from Lieutenant Governor Royal to Mr. F.

W. G. Hanltain, Oct. 31, 1889.

PIONEER LEGISLATION

3. Minute by Lieutenant Governor Royal, Nov. 5,

1889.

4. Statement to the Legislative Assembly by K. G.

Brett, Nov. 5, 1889.

5. Letter from R. G. Brett to Lieutenant Governor

Eoyal, Nov. 11, 1889.

6. Letter from Lieutenant Governor Royal to R. G.

Brett, Nov. 12, 1889.

7. Letter from R. G. Brett to Lieutenant Governor

Royal, Nov. 15, 1889.

8. Letter from Lieutenant Governor Royal to R. G.

Brett, Nov. 16, 1889.

9. Letter from Lieutenant Governor Royal to Thomas

Tweed, Nov. 20, 1889.

10. Motion of Mr. Thorburn with amendment in the

Legislative Assembly, Nov. 20, 1889.

11. Memorandum concerning the form of the Govern-

ment and the finances of the Territories, Nov.
21, 1889.

12. A Copy of approved Report of a Committee of

Privy Council, Jan. 6, 1890.

13. Report of Minister of Justice, Jan. 3, 1890.

14. Extract from Address in reply to Lieutenant Gov-

ernor Royal, Nov. 9, 1890.

15. Extract from Address in reply to Lieutenant Gov-

ernor Royal, Nov. 14, 1890.

16. Speech from the Throne by Lieutenant Governor

Royal, Nov. 29, 1890.

17". Letter from the Department of the Interior to the
Department of Justice, Dec. 7, 1891.

18. Letter from the Department of Justice to the

Department of the Interior, Dec. 7, 1891.

19. Statement on behalf of the Executive Committee

by Mr. Haultain, Aug. 23, 1892.

20. Extract from Journals of Legislative Assembly of

the N. W. T., Aug. 30-31, 1892.

21. Report by the Minister of Justice, Sept. 29, 1892.

22. Speech from the Throne by Lieutenant Governor

Royal, Sept. 16, 1893.
6. The Attainment of the Provincial Status.

1. Extract from motion of Frank Oliver in the Coun-
cil of the North West Territories, Ju*y 29, 1884,

16 CANADIAN ARCHIVES

2. Letter from Lieutenant Governor Forget to the

Secretary of State, July 20, 1900.

3. Memorial from Legislative Assembly N. W. T. to

Dominion Government, May 2, 1900.
\'& 4. Letter from Secretary of State's Department to
Lieutenant Governor Forget, July 25, 1900.

5. Letter from Premier Haultain to the Minister of

the Interior, Jan. 30, 1901.

6. Letter from the Minister of the Interior to Premier

Haultain, Mar. 21, 1901.

7. Letter from Premier Haultain to the Minister of

the Interior, Mar. 30, 1901.

8. Letter from the Minister of the Interior to Premier

Haultain, April 5, 1901.

9. Telegram from Premier Haultain to the Minister

of the Interior, June 4, 1901.

10. Telegram from the Minister of the Interior to

Premier Haultain, June 5, 1901.

11. Telegram from Hon. A. L. Sifton to the Minister

of the Interior, Aug. 10, 1901.

12. Telegram from the Minister of the Interior to

Hon. A. L. Sifton, Aug. 14, 1901.

13. Letter from Premier Haultain to Sir Wilfrid

Laurier, Dec. 7, 1901.

14. Draft Bill for Erecting the K W. T. into a Prov-

ince, 1902.

15. Letter from Hon. A. L. Sifton to Sir Wilfrid

Laurier, Jan 11, 1902.

1C. Letter from Rodolphe Boudreau to Hon. A. L.
Sifton, Jan. 22, 1902.

17. Telegram from Premier Haultain to Sir Wilfrid

Laurier, Mar. 15, 1902.

18. Telegram from Sir Wilfrid Laurier to Premier

Haultain, Mar. 18, 1902.

19. Letter from the Minister of the Interior to

Premier Haultain, Mar. 27, 1902.

20. Letter from Premier Haultain to the Minister of

the Interior, April 2, 1902.

21. Letter from Premier Haultain to the Minister of

the Interior, Jan. 31, 1903.

22. Letter from Premier Haultain to Sir Wilfrid
» Laurier, Feb. 3, 1903.

PIONEEE LEGISLATION 17

23. Telegram from the Minister of the Interior to

Premier Haultain, Feb. 5, 1903.

24. Letter from Premier Haultain to the Minister of

the Interior, Feb. 11, 1903.

25. Letter from the Clerk of the Privy Council to

Premier Haultain, Feb. 9, 1903.

26. Letter from P. G. Keys to Premier Haultain, Feb.

16, 1903.

27. Letter from Premier Haultain to the Minister of

the Interior, Mar. 19, 1903.

28. Letter from the Minister of the Interior to Premier

Haultain, Mar. 21, 1903.

29. Letter from Premier Haultain to Sir Wilfrid

Laurier, April 15, 1903.

30. Telegram from the Minister of Finance to Premier

Haultain, April 16, 1903.

31. Telegram from Premier Haultain to the Minister

of Finance, April 17, 1903.

32. Telegram from the Minister of Finance to

Premier Haultain, April 20, 1903.

33. Letter from Sir Wilfrid Laurier to Premier Haul-

tain, April 20, 1903.

34. Extract from letter dated April 20, 1903, addressed

to Hon. W. S. Fielding, Minister of Finance
from Premier Haultain.

35. Memorial from Legislative Assembly !N". W. T. to

Dominion Government, 'April 24, 1903.

36. Letter from Lieutenant Governor Forget to the

Secretary of State, April 24, 1903.

37. Letter from Department of Secretary of State to

Lieutenant Governor Forget, April 29, 1903.

38. Letter from Premier Haultain to Sir Wilfrid

Laurier, June 2, 1903.

39. Letter from Sir Wilfrid Laurier to Premier Haul-

tain, June 8, 1903.

40. Letter from Premier Haultain to Sir Wilfrid

Laurier, June 15, 1903.

41. Telegram from the Minister of the Interior to

Premier Haultain, July 23, 1903.
Minister of the Interior, July 24, 1903.
43. Letter from the Department of the Interior to
Premier Haultain, Oct. 7, 1903.

42. Letter from Clerk of the Executive Council to the
28159—2

18 CANADIAN ARCHIVES

44. Telegram from Clerk of Executive Council to

Deputy Minister of the Interior, Oct. 8, 1903.

45. Letter from Clerk of Executive Council to the

Deputy Minister of the Interior, Oct. 8, 1903.

46. Letter from the Deputy Minister of the Interior

to Clerk of the Executive Council, Oct. 21, 1903.

47. Letter from Lieutenant Governor Forget to the

Secretary of State, Nov. 21, 1903.

48. Memorial from the Legislative Assembly, N. W. T.

to the Dominion Government, Nov. 20, 1903.

49. Letter from Department of the Secretary of State

to Lieutenant Governor Forget, Nov. 28, 1903.

50. Letter from Lieutenant Governor Forget to the

Secretary of State, Dec. 5, 1903.

51. Letter from Department of Secretary of State

to Lieutenant Governor Forget, Dec. 9, 1903.

52. Letter from Premier Haultain to Sir Wilfrid

Laurier, May 19, 1904.

53. Letter from Premier Haultain to Sir Wilfrid

Laurier, May 19, 1904.

54. Letter from Premier Haultain to the Minister of

the Interior, May 19, 1904.

55. Letter from Sir Wilfrid Laurier to Premier Haul-

tain, Sept, 30, 1904.

1^4^56. Letter from Premier Haultain to Sir Wilfrid
Laurier, Oct. 5, 1904.

7. The Alberta Act,.190£.

8. The Saskatchewan Act, 1905.

Appendix.

1. An Act for extending the Jurisdiction of tha

Courts of Justice in the Provinces of Lower
and Upper Canada.

2. Hudson's Bay Company's code of Penal Laws

published at Moose Factory, Sept. 1, 1815.

3. Selkirk Treaty with the Indians, July 18, 1817.

4. Abstract of condition of the Settlement in

Spring of 1822.

5. Form of Indenture for Grant of Land, Nov. 3,

1823.

6. "One Pepper-Corn" Deed of Land and Mort-
gage, 1855.

PIONEER LEGISLATION 19

7. Extract from minutes of meeting of the Gov-

ernor and Council of Rupert's Land, held at
Red River Settlement, June 10, 1845.

8. Petition of Inhabitants and Natives of Red

River Settlement, signed by Roderick Kennedy
and 574 others, to the Legislative Assembly of
the Province of Canada.

9. Letter from W. G. Smith, Assistant Secretary
^ of the Hudson's Bay Company to Major Cald-

well, Governor of Assiniboia, April 5, 1854.

10. Memorial of Bishop Anderson to the Hudson's

Bay Company, 1856.

11. Abstract of amount of Import Duty payable to

the Hudson's Bay Company on goods imported
into Red River District, Outfit, 1858.

12. Bills of Exchange, Governor Mactavish and

Chief Factor Clare to Hudson's Bay Com-
pany, 1864.

13. General Enactments of the Governor and Coun-

cil of Assiniboia, — Revised Code of 1852.

14. Lois d' Assiniboia passees par le Gouverneur et

le Conseil d' Assiniboia, le 13 Avril, 1862.

MAPS.

:l. Partie de la Nouvelle France. Hubert Jaillot, 1685.

2. District of Assiniboia, 1811.

3. North America, el. Arrowsmith, 1858.

4. Map of part of the North West Territory including the

Province of Manitoba, 1875.
f.. Manitoba and North West Territory, 1905.
6. Manitoba, Saskatchewan, Alberta, 1912.

281 59— 2*

20 CANADIAN ARCHIVES

THE CONSTITUTIONAL DEVELOPMENT OF
THE PRAIRIE PROVINCES.

The country west of Hudson Bay has enjoyed a longer con-
tinuous connection with Great Britain than any other portion
of the Dominion of Canada. Its annals are richer in the
romance of the fur trade, more laden with the achievements «of
explorers and hunters, and more marvellous in the sudden in-
flux of peoples and growth of railways than are those of any
other part of the country. It has also witnessed a greater
variety of experiments in government than any other section
of the Dominion. (1)

There have been four notable documents or sets of documents
in the constitutional development of the Prairie Provinces. The
oldest dates from. 1670 and smacks of the atmosphere of the
Navigation Acts, the legislative statement of the principle that
colonies and plantations justify their existence only when they
yield profit to the mother country. The Royal Charter
incorporating the Hudson's Bay Company is not only the first
but also the most important official document relating to West-

1. The following: types of Government have existed on the prairies,—

(1) The native Indian or patriarchal.

(2) The Fur Trade Administration.

(3) The Buffalo Hunt of the Metis (G. Dumont).

(4) Cuthbert Grant's " New Nation " of Bois Brules.

(5) The Council of Assiniboia.

(a) The Selkirk Period.

(b) The Company Period.

(6) Provisional.

(a) John Bruce.

(b) Louis Kiel.

1. 1st Provisional at Fort Garry,

2. 2nd

3. Exovedate at Batoche.

(7) Manitoba.

(o) Temporary Government with two ministers.

(b) With Legislative Council, without Premier.

(8) North West Territories.

(o) Fort Garry.

1. Small Executive Council.

2. Large Council.

(b) Swan River.

1. North West Council.

2. Legislative Assembly.

(a) Advisory Council.

(b) Executive Committee.

(9). Three Provincial Governments, — the present form.

PIO3TEEE LEGISLATION 21

crn Canada. In 1868 and 1870, two Imperial measures, follow-
ing a course foreshadowed in the British North America Act,
1867, transferred the North Western Territory to the Dominion
of Canada,-the first of these, 'An Act for enabling Her Majesty
to accept Surrender upon Terms of the Lands, Privileges, and
Rights of " The Governor and Company of Adventurers of
England trading into Hudson's Bay" and for admitting the
same into the Dominion of Canada/ dated July 31, 1868,
(31-32 Viet. Cap. 105) : and the second an Imperial Order-in-
Council, dated June 23, 1870, effecting the transfer. On June
22, 1869, the new Canadian Parliament passed " An Act for
the temporary government of Rupert's Land and the North
Western Territory when united with Canada " (32-33 Viet.
Cap. 3). This was the first of a series of Dominion Acts (32-
33 Viet. Cap. 3 ; 33 Viet. Cap. 3 ; 34 Viet. Cap. 16 ; 36 Viet.
Cap. 5 ; 34; etc.) relating to the government of the West. . The
last legislative enactments of fundamental significance were the
grants of provincial charters in the Saskatchewan and Alberta
Acts, 1905. Of these four sets of documents the first handed
the country over to a fur company and saved North Western
America to the British Crown; the second transferred these
Territories to Canada and rendered possible the transcon-
tinental confederation of the provinces ; the third defined for
this section of the Dominion the conditions under which its
social and economic development was fostered and its political
consciousness begotten; the fourth marked the culmination of
a remarkable constitutional evolution and the commencement,
in provincial affairs at least, of complete self rule.

THE HUDSON'S BAY COMPANY'S CHARTER.

In the promotion of this charter an important part was
played by a Frenchman, Pierre Esprit Radisson; for the
Royal Charter incorporating the Governor and Company of
Adventurers of England trading into Hudson's Bay resulted
from the meeting of Prince Rupert, Royalist trooper in the
Civil War and cousin of King Charles II., with that King of
all coureurs de bois and adventurous seekers after furs.

The Hudson's Bay Company's Charter bears date of May
2, 1670. The grantees number eighteen and range from " Our
dear and entirely beloved Cousin, Prince Rupert" to John Port-
man, citizen and goldsmith of London, and John Kirke, father-
in-law to Radisson. From the Charter it appears that these
adventurers had already, at their own great cost, undertaken an

22 CANADIAN ARCHIVES

expedition to Hudson's Bay to discover a new passage into the
South Sea, and to prosecute trade in furs, minerals and other
commodities. The grant covered the right to the sole trade
and commerce of all the seas, straits, hays, rivers, lakes, creeks
and sounds, within Hudson's Straits; the lands, countries and
territories upon their coasts which were not then actually
possessed hy the subjects of any Christian Prince or State ; all
sorts of fish, whales, sturgeons and all other royal fishes; and
all mines, discovered and undiscovered, of gold, silver, gems
and precious stones.

Provision was made for a Governor and Committee. Prince
Rupert was nominated first Governor. The first Committee
was constituted of Sir John Eohinson, Sir Eohert Vyner, Sir
Peter Colleton, James Hayes, John Kirke, Francis Millington
and John Portman. Arrangements were made to choose
Deputy Governors, to hold annual elections and general Courts,
to fill vacancies and remove officials. The Territory was re-
•garded as one of His Majesty's Plantations or Colonies in
America and received the name Rupert's Land. Of this the
Governor and Company for the time being were constituted the
true and absolute Lords and Proprietors to have, hold, possess
and enjoy forever upon condition of yielding and paying yearly
to His Majesty two Elks and two Black Beavers whenever he
happened to enter the country. The Governor and Company
might assemble and make laws and ordinances for the good
government of the Company and its colonies and forts, and for
the advancement of trade. They might impose penalties and
punishments, provided these were reasonable and not repug-
nant to the laws of England. Kone of the King's subjects were
permitted to trade within the Company's territories without
leave from the Company under penalty of forfeiting their
goods, one half to the Company, the other half to the King.
The Company was given the right to appoint Governors and
other officers, to try civil and criminal cases and to employ
an armed force for the protection of its trade and territory.

IMPERIAL MEASURES.

In the two centuries that followed the granting of the
Charter to the Gentlemen Adventurers the British outlook upon
colonies and plantations was profoundly changed. Xorth
America became for the motherland a school of colonial ex-
perience. It was reserved to Lord Durham to strike the final
blow at the paternal system of colonial administration, and

PIONEER LEGISLATION 23

that too, at a time when at home the new spirit of the Reform
Bill was paving the way for the rule of the middle classes and
the succession of the democracy. It was a sign of the times
that the House of Commons should appoint a Select Com-
mittee on Feb. 5, 1857, " to consider the state of those British
Possessions in North America, which are under the adminis-
tration of the Hudson's Bay Company or over which they
possessed a license to trade." The civil powers of the great
fur company had become an anachronism. For more than
four decades the colony established by the enthusiast Selkirk
had survived. After cruel vicissitudes it had struck
deep its roots in the prairie soil. A Council had been
established in Assiniboia, at first merely judicial in its func-
tions, later, however, executive and legislative as well.

Official documents of the period illumine various phases and
details of life within the community, the faggotting of roads,
contracts between freighters or owners and their boatmen, the
size of the settlement, the establishment of a public granary,
the public inspection of weights and measures, distillation, the
publication of regulations, rights to cut hay, wills, summonses,
absconders, surveying. Only the beginnings of political and
fcocial consciousness, however, belong to the regime of the Coun-
cil of Assiniboia. In the middle of the 19th century the great
fur potentates still held sway over the vast territories of which
a part now constitutes Western Canada. But the political
future lay not with the traders, but with the colonists. It is
not the Northern Department of Rupert's Land but the district
of Assiniboia whose influence has shaped the political structure
of the West. Selkirk rather than Simpson is the founder of
Western Canada, just as the Council of Assiniboia and not the
Hudson's Bay Company is the pioneer in the political and
social legislation of the prairies.

The little community at the Forks of the Red River knew
nothing of self-government. The suffrage was unknown, though
every proprietor of land was held qualified and liable to act a?
a juror, but the desire for self-rule at last found expression,
and not in the District of Assiniboia alono. In the settlement;
at Portage la Prairie the inhabitants actually established a
provisional republic.

At Red River, though the Council of Assiniboia governed?
it gave no effectual protection, and the dangerous Sioux wero
only kept in check by the voluntary efforts of the brave half-
breed buffalo hunters. In the settlement there was gradually

2r CANADIAN ARCHIVES

formed a Canada party. In Great Britain the continuance
of the Company's privileges upon former lines was seen to be
impossible. The Confederation of the Canadian Provinces
showed in what direction, lay the solution of many difficulties,
just as the Canadian agitation for the incorporation of the
Hudson's Bay Territories was what chiefly prompted the Im-
perial Parliament to reduce the Company to the rank of a
commercial corporation, and to transfer the Territories to the
new Dominion.

The British North America Act, 1867, enacted that it
should be lawful for Her Majesty, on address from the Houses
of the Parliament of Canada, to admit Rupert's Land and the
North Western Territory or either of them into the Union
(sec. 146). In pursuance of this Act was passed the enabling
Act of July 31, 1868, cited by the short title, " Rupert's Land
Act, 1868." This granted Her Majesty the power to accept a
Surrender of " all rights of government and proprietary rights,
and all other privileges, franchises, powers and authorities "
belonging to the Hudson's Bay Company, but reserved to the
Company the right to carry on trade and commerce in Rupert's
Land or elsewhere. Her Majesty was granted authority to
declare Rupert's Land a part of the Dominion of Canada by
Order-in-Council. The Parliament of Canada was authorised
" to make, ordain, and establish within the land and territory
so admitted all such laws, institutions, and ordinances, and to
constitute such courts and officers as might be necessary for the
peace, order and good government of Her Majesty's subjects
and others therein." Until otherwise enacted by the Dominion
Parliament the jurisdiction of existing courts and officers was
to continue. Of this Rupert's Land Act, 1868, the complement
is an Imperial Order-in-Council which begins thus : — " At the
Court of Windsor, the 23rd day of June, 1870 ; Present, The
Queen's Most Excellent Majestv* Lord President, Lord Privy
Seal, Lord Chamberlain, Mr. Gladstone." The Document in-
cludes some interesting schedules and memoranda in its eleven
na<res. Of these an Address to the Queen from the Canadian
Senate and House of Commons, indicates the advantage that
will accrue to Canada and the whole Empire by the extension of
the Dominion westward to the Pacific Ocean. It declares that
the colonization of the fertile lands of the Saskatchewan, the
Assiniboine, and the Red River Districts, the development of
the mineral wealth which abounds in the regions of the North
West ; and the extension of commercial intercourse through the

PIONEEE LEGISLATION 25

British possessions in America from the Atlantic to the Pacific
are alike dependent upon the establishment of a stable govern-
ment for the maintenance of law and order in the North West-
ern Territories. A second schedule includes the communica-
tions relative to the terms of the transfer; a third, the deed of
surrender from the Company to the Queen. The Order-in-
Council admitted the North Western Territory and Rupert's
Land into the Dominion on July 15, 1870, and gave the parlia-
ment of Canada full power and authority to legislate for their
future welfare and good government. The transfer was made
upon the following terms, — That Canada should pay the Com-
pany £300,000 sterling; that the Company should retain the
Posts they actually occupied in the North Western Territory,
and might within 12 months of the surrender, select a block of
land adjoining each Post outside of Canada and British
Columbia; that for fifty years after the settlement, the Com-
pany might claim %o of the land set apart for settlement in
the .Fertile Belt bounded on the South by the U. S. Boundary ;
on the West by the Rocky Mts. ; on the North by the North
Saskatchewan; on the East by Lake Winnipeg, the Lake of the
Woods and the waters connecting them. All land titles con-
ferred by the Company up to March 8, 1869, were confirmed.
The Company retained the liberty to carry on trade as a cor-
poration, and was safeguarded from exceptional taxes on its
land, trade and servants, and from import duty on good?
brought to the country prior to the surrender. Canada also
agreed to take over the materials of the electric telegraph at
cost price, and to relieve the Company from all responsibility
to satisfy Indian claims to compensation for lands required for
purposes of settlement.

DOMIKIOX LEGISLATION.

The series of Dominion Acts relating to the West begins
with " An Act for the temporary government of Rupert's Land
and the North Western Territory when united with Canada,"
June 22, 1869. This Act sought to prepare for the transfer of
the Territories from the local authorities to the Government of
Canada. The name " North West Territories " was applied to
the entire territory. It was enacted that a Lieutenant Governor
should be appointed to provide for the administration of justice,
and to make and establish the necessary laws, institutions and
ordinances subject to the ratification of Parliament. The Lieut-

2C CANADIAN ARCHIVES

enant Governor was to be guided by instructions from time to
time given him by Order-in-Council, and was to receive the as-
sistance of a council of from seven to fifteen persons. Until
further provision was made, existing laws were to remain in
force and public officers to retain their offices.

A year later the Manitoba Act (33 Viet. 3) launched upon
its independent political career, the old District of Assiniboia.
Its constitutional framework included a Legislative Council as
well as a Legislative Assembly. When six years later the Legis-
lative Council was abolished the Province of Manitoba had
taken on the constitutional form which has endured to the
present day.

The Province of Manitoba had been carved out of the
North Western Territory. On the passing of the Manitoba Act
the name North West Territories was given to the portion of
Rupert's Land and the North Western Territory not included
in the Province. The legislation passed in 1868 with reference
to the whole territory was reenacted with reference to the new,
limited, North West Territories. To aid the Lieutenant Gov-
ernor of Manitoba in the administration of the North West,
Tei^itories a Council was to be appointed with powers defined
by Order-in-Council. In 1870 Lieutenant Governor Archibald,
by a stretch of authority of which he was at the time unaware,
but which a serious outbreak of smallpox on the Saskatchewan
went far towards justifying, appointed a small executive council
of three, Hon. Mr. Justice S\ G. Johnson, Hon. Donald A.
Smith and) Hon. Pascal Breland. In 1873 the number of Coun-
cillors wae fixed at from seven to twenty-one. The complete
list of Councillors appointed prior to 1875 contains eighteen
names. This admittedly provisional government (from Fort
Garry by the Lieutenant Governor and his North- West Council }
addressed itself to the task of laying the foundations of Terri-
torial administration. It did much to secure the good will of
the Indian tribes and concluded with them various important
treaties.

The Magna Charta of separate political existence for the
North West Territories is a Dominion Act, assented to on April
8, 1875, " An Act to amend and consolidate the Laws respect-
ing the North West Territories " or " The North West Territor-
ies Act, 1875." This Act consisting of 79 sections relat-
ing to government and legislation, the election of members of
the Council or Assembly, the descent of real estate, wills, status
of married women, registration of deeds, administration of jus-

PIONEEK LEGISLATION 27

tice and prohibition of intoxicants, defined the conditions under
which Territorial development was to take place during the most
formative decade of its existence. It is with the appointment
on Oct. 27, 1876, of Hon. David Laird as Lieutenant Governor
for the Territories alone that a distinctive political career for
the North West Territories commences. The first legislative
Session of the North West Council in accordance "with the act
of 1875, and under the Presidency of Lieutenant Governor
Laird, began at Livingstone, Swan River, on March 8, 1877.
Then for three sessions of the Council Battleford was the
capital, till the building of the Canadian Pacific Railway trans-
ferred the seat of government to Regina.

It was a notable career of political development that lay
ahead. The acquisition of the North West had been the bril-
liantly conceived policy of the new Dominion. But the East did
more than acquire the WTest. It moulded its development.
Men trained in the atmosphere of Canadian constitutional
struggles played the leading role in the constitutional history
of the new Territories.

With the construction of the railway passed the old North
West. Trade routes for freighters which had run East and
West now began to run North and South. Settlements ceased
to follow the course of the rivers. The constitutional and
political change wrought in the Territories was no less pro-
found. The election of Chief Factor Lawrence Clarke in 1881
to represent the District of Lome was the first opportunity
given the settlers themselves to express their sentiments in the
administration of affairs. Three years later the elected - repre-
sentatives of the people became numerous enough to exert an
influence upon legislation. The years that ensued were wonder-
fully formative. In 1884 the North West Council laid the
foundations of school and municipal systems. The crushing
of the halfbreed uprisino; in 1885 permanently banished the
spectre of Indian disorders. A year later was established a
Territorial judiciary. Then followed a Parliamentary struggle
for the control of the purse. In this contest — fortunately by
nc means an embittered one — victory lay with the cause of
popular government. It was not, however, till 1897, when the
Territories wrere on the eve of a remarkable growth in popula-
tion and economic development that the Government which for
half a decade had been giving expression to the people's will,
was made completely responsible in form as it already was in
fact.

28 CANADIAN" ARCHIVES

The increased volume of immigration necessitated heavier
expenditures upon* education, public works and local admin-
istration. It was impossible to introduce Municipal organiza-
tions into many districts outside the limits1 of the- denser settle-
ments. The result was to impose upon the Territorial Govern-
ment excessive burdens. Financial embarrassments gave rise
to constitutional aspirations. Finally, after a prolonged agita-
tion and discussion turning mainly upon the true interpre-
tation of the clauses of the British North America Act relat-
ing to education, the Saskatchewan and Alberta Acts provided
for the erection on September 1, 1905, of two Provinces,
Saskatchewan and Alberta. The Acts as passed became Pro-
vincial Charters. They defined the boundaries of the
provinces, made applicable the British North America
Acts 1867 and 1886, provided for representation in
the Senate anpl House of Commons, continued in
operation all Territorial laws and regulations, con-
verted existing educational regulations respecting separate
schools into laws permanently binding on the provinces, pro-
vided for annual Dominion subsidies, and for a certain com-
pensation (in lieu of local control) for the retention by the
Dominion of the public domain within the provinces, divided
Territorial assets and liabilities equally between them, safe-
guarded the rights and properties of the Hudson's Bay Com-
pany and arranged schedules for electoral divisions,

It is a wide gulf that separates the Koyal Charter of 1670
from the Saskatchewan and Alberta Acts of 1905. In that
period of more than two centuries Britain learned the secret
of Empire. Canada has given to the word " colony " an
entirely new signification. If the -Royal Charter was con-
ceived in the atmosphere of the Navigation Acts, the Saskat-
chewan and Alberta Acts were conceived in the atmosphere of
Lord Durham's Eeport and the British North America Act.
The -difference between 1670 and 1905 is indicated in the very
names of the documents of these years. The Charter of 1670,
in the absence of a population, was naturally a Royal Charter.
The Acts of 1905 were the Saskatchewan and Alberta Acts.
The former was for the Royal Prince Rupert, but also for
the Royal Charles himself, for Majesty received dividends,
duly paid in gold, even though the two Elks and two black
Beavers never passed from Rupert's Land to Whitehall. The
latter were Acts for Saskatchewan and Alberta, for the people.
In 1670 plantations and colonies were governed for the pro-

PIOtfEEB LEGISLATION 29

fit of the governing; in 1905 government was for the benefit
of the governed.

The landmarks in the growth of provincial institutions
for Manitoba are the coming of the Selkirk colonists, the
development of the Council of Assiniboia, the passing of the
Hudson's Bay Company as a governmental ^body, the enact-
ment of the Manitoba Act and the abolition of the Legislative
Council. The chief stages in the political development of the
North West Territories are indicated by the capitals, Fort
Garry, Swan River, Battleford and Regina. When the Gov-
ernment was at Fort Garry, the Territories were administered
by officials resident in a neighbouring Drovince. In Living-
stone, Swan River, the Lieutenant Governor and Councillors
belonged for the first time to the Territories "^exclusively.
Battleford marked the beginnings, but only the beginnings, of
self-government. It was reserved to Regina to witness the
evolution from the iN'orth West Council to Legislative Assem-
bly, from Territories to Provinces.

30 CANADIAN ARCHIVES

2. THE DISTRICT OF ASSINIBQIA.

INTRODUCTION.

Alexander MacKenzie was a dreamer. His dreams had
carried him far, to Arctic and Pacific, the full length of the
River he himself named Disappointment, but others named
MacKenzie, and across what were ;then called the Stony
Mountains. He had visions of a world-wide fur monopoly,
designed to include even the Russian trade; yet he was the
man> who infected with his interest in the prairie Thomas,
fifth Earl of Selkirk, who more than any other individual
paved the way for that settlement of' the West which termin-
ated the rule of the fur traders. And Selkirk, too,
was a man of visions, and, if his large holdings of stock in the
Hudson's Bay Company mean anything, not uninterested in
the fur trade. But Selkirk, we may^ believe, was more
interested in men than in beaver skins. His colonis-
ing enterprises on the Atlantic seaboard and in the
heart of the Great Lakes appealed to him more powerfully
than The Honourable Company's dividends. He had
the enthusiasm of those ancient Greek colonisers who set
forth to found new states, confident in the virtue of fire plucked
from the ancestral hearth. His passion to make fruitful the
waste places of the earth, to lead the cramped fortunes of his
fellow countrymen into the larger opportunities of those far
flung reaches of land of which MacKenzie and Colin Robert-
son told him, made him recognise in his fellow Scots the proper
timber for his new enterprise. (1)

The first years of the colonists at the junction of the Assini-
boine and Red Rivers were full of suffering. With the passing

1 A. less appreciative view is expressed in a letter from Win.
McGillivray to Major Loring, Nov. 28, 1815 (Dominion Archives,
Red River Disturbances, M. 778 F.),— " Its origin was bottomed
upon the ostensible pretext of aiding the Hudson's Bay Company in their
trade, but with the real intention of directly ruining that of their rivals
the North West Company as His Lordship had previously become a part-
ner of the other concern, and possibly under the further idea of turning
the scheme of Colonization to his personal advantage, if the trade of both
Companies should from its effects in the event of its success be involved
in ruin. Colonization at the distance of two thousand miles from an
Atlantic Port, in the heart of Indian nations and above one thousand
miles from any other agricultural establishment or outlet to a market,
confirms the belief that something beyond what was avowed was cautiously
concealed under a plausible exterior."

PIONEER LEGISLATION 31

of the bitter rivalry between the fur traders, however, came
reorganisation and consolidation for the Companies, and for
the Red River Settlers in the District of Assiriiboia the in-
auguration of peace, if not of prosperity. Though Selkirk
died, and his executors grew weary, and floods and grass-
hoppers followed each other in disastrous succession, and in-
dustrial schemes proved abortive, the Colony itself was estab-
lished, and the settlers on the Red River became the vanguard
of a mighty movement to the Western plains that embraces the
tribes of the earth.

THE DISTRICT OF ASSINIBOIA.

On June 12, 1811, the Hudson's Bay Company ceded to
Thomas, Earl of Selkirk, a large territory along the Red and
Assiniboine Rivers. From the former river the colony was
called the Red River Settlement; from the latter, the district
received the name Assiniboia, or, as it appears in early docu-
ments, Ossiniboia.

This grant of land is defined in the Deed as " all that tract
of land or territory being within and forming part of the
aforesaid lands and territories of the said Governor and Com-
pany, bounded by an imaginary line running as follows, that
is to say, beginning on the western shore of Lake Winipic,
otherwise Winnipey at a point in fifty two degrees and thirty
minutes North Latitude, and thence running due west to the
Lake Winipigoos otherwise called Little Winnipey, then in a
southerly direction through the said Lake so as to strike its
Western shore in Latitude Fifty two Degrees, then due west
to the place where the parallel of fifty two degrees North
Latitude intersects the Western Branch of Red River other-
wise called Assiniboyne River, then due south from that point
of intersection to the Height of Land which separates the
waters running into Hudson's Bay from those of the Missouri
and Mississippi, then in an easterly direction along the said
Height of Land to the source of the River Winipic or Winni-
pey (meaning by such last named river, the principal branch
of the waters which unite in Lake Saginagus) thence along
the main stream of these waters and the middle of the several
Lakes through which they flow to the mouth jof the Winipic
River and thence in a northerly direction through the middle
of Lake Winipic to the place of beginning."

With the determination of the international boundary a
portion of the Earl's domain was found to be twithin the

32 CANADIAN ARCHIVES

bounds of the United States. To this extent his grant became
inoperative. The term District of Assiniboia accordingly was
applied to that portion of the original grant which was within
British Territory. This was done by a Resolution adopted by
a General Court of the Hudson's Bay Company held Mar. 13,
18-39, — " That the District of Assiniboia shall be coextensive
with such portion of the Territory granted to the late Thomas,
Earl of Selkirk, on the 12th day of June, 1811, as is now
within the Dominions of Her Britannic Majesty."

The District of Assiniboia had moreover, a still more re-
stricted application. The Municipal District of Assiniboia,
according to regulations adopted June 25, 1841, " extended in
all -directions fifty mile^ from the forks of the Red River and
the Assiniboine." The supreme legislative and judicial func-
tions within the community were vested in a Governor and
Council with commissions duly empowered by the Hudson's
Bay Company.

The importance of the work of the Governor and Council
of Assiniboia consists in the circumstance that they were
pioneers. As pioneers they laid the foundations of prairie
legislation. They were the first to frame general measures for
the public welfare of what is now Western Canada. (1)

3. THE CONSTITUTION OF THE COUNCIL OF ASSINIBOIA.

Mr. ADDERLEY, — " Have the inhabitants of the Red River

Settlement any influence whatsoever over the decisions of

the Council which govern them ?"
Sir GEORGE SIMPSON, — " The Principal inhabitants of Red

River are themselves the councillors of Assiniboia, with

the Governor."

Mr. ADDERLEY, — " Who appoints his Council ?"
Sir GEORGE SIMPSON, — " They are appointed by the Company,

at the suggestion of the Governor, or on the application of

any of the inhabitants. "(2)

^he late Provisional District or Territory of Assiniboia of the
JNorthwest Territories has nothing more than the name in common with
the District now under discussion.

Minutes of evidence taken before the Select Committee on the Hud-
son s Bay Company. Feb. 26, 1857.

PIONEEK LEGISLATION

The Councils of Assiniboia are of two types, belonging to
what we have styled the Selkirk and the Company periods.
Without entering into the perplexing question of the date of
the transfer of the District of Assiniboia back from the Selkirk
Estate to the Company it is possible to state with definiteness
that by Feb. 12, 1835, the reorganized Council of Assiniboia
was in existence. For the period subsequent to this we give in
the published text the exact dates of the meetings and the
constituent membership of the Councils.

For the Selkirk period, however, our information is not so
fomplete. Still it is possible from a study of the Selkirk
Papers, the Bulger Correspondence, etc., in the Dominion
Archives to determine the precise date of seven meetings of the
Council, the date within one month of three others, the approxi-
mate date of still another, and in a large measure to recon-
*r_uct from the very beginning the membership of the Councils.

MEETINGS OF THE COUNCIL.

In the following table we give the dates, as nearly as they
are known, of eleven meetings, and the names of the Council
lors who participated: —

.Date.

June 24, 1815
Dec. 4, 1822 . .

Feb. 18, 1823..
May 3, 1823. . .

James White

Archibald McDonald.

Peter Fidler

James Sutherland . . .

Andrew Bulger . . .
Thomas Thomas .
Alex. McDonnell ,

W. H. Cook

JohnPritchard.

JulyS, 1823

Sept. 23, 1823

Members Present.

Andrew Bulger. ,
Thomas Thomas
John Pritchard .

Andrew Bulger. . .
Thomas Thomas . .

W. H. Cook

John Pritchard . . .

Thomas Thomas. .

W.H. Cook

John Pritchard . .

William Kent....
Thomas Thomas..

W. H. Cook

John Pritchard . . .
Alex. McDonnell.

Remarks.

By correspondence.

28159—3

CANADIAN AKCHIVES

Date.

Between Oct. 2 and Nov. 1,
1823...

The same

Spring of 1824 (?).

May 4, 1832

Members present.

George Simpson .
Governor Felly (?)
Others* not known. .

The same ,
The same .

George Simpson

Governor Pelly (?) etc.

George Simpson

Donald McKenzie . .
James Sutherland ....

John Pritchard

Robert Logan

Remarks.

Minutes not found, but
regular meeting.

The same.
Private meeting.

Grant was on the car-

pet."

In the following table an attempt is made to reconstruct
the membership of the Councils as they existed prior to 1835.

Councils of Assiniboia Prior to 1836.

Governor or Agent.

Miles Macdonell.

James White

Colin Robertson . .
Robert Semple ....
Alex. McDonnell .
Andrew Bulger. . ,

William Kempt

Robert Parker Pelly

Donald McKenzie. . .

Coxmcillors.

Owen Keveny, LeSerre, K. McRae, Archibald McDonald,

Chiefs of E. and W. Winipic (1).
George Holds worth, John Spencer, Chiefs of E. and W.

Winipic, Archibald McDonald (W. Sinclair and W.

James White. (3).

John Pritchard (4).

James Sutherland (5). A

Thomas Thomas (5).

Archibald McDonald, Peter Fidler, James Sutherland.

Alexander McDonnell, Peter Fidler.

Thomas Thomas ; James Sutherland (?) Peter Fidler. (?)

Thomas Thomas (»)(?).

Thomas Thomas, William flemmings Cook, John Prit-

chard, James Bird, Alexander McDonnell, Frederick

Matthey, (John West, Robert Logan. )
Thomas Thomas, William Hemmings Cook, John Pritchard,

Alex. McDonnell.
Thomas Thomas, William Hemmings Cook, John Prit-

chard, Alexander McDonnell, Robert Logan, Rev. D

T. Jones. (2)
James Sutherland, John Pritchard, Robert Logan.

(1) June 12, 1813; (2) Feb. 1814 ; (3) July 1814; (4) March 1815; (5) May 181£'

This table as given is based upon documentary evidence
reproduced in the published text and it is probable that it is

1 See discussion of this point under " Work of the Council/'
'George Simpson suggested to add the R. C. Bishop of Juliopolis and
the Chief Factor of the District.

PIONEER LEGISLATION 35

fairly complete. The Councils of Robert Semple and Alex.
McDonnell, however, are admittedly defective. In the case
of Robert Semple the Selkirk Papers (1) contain appointments
made by him on Aug. 30, 1815, as follows: —

Thomas Thomas, — " Member of my Council and a Coun-
cillor of the Assiniboia District."

William Thomas, — " Member of my Council and one of
the Councillor® of Moose District/'

James Bird, — " A member of my Council within these
Territories."

Then follow the words, —

" Also to William Sinclair, Esquire,.
John Charles,
James Sutherland,
Peter Fidler, "

As James Sutherland and Peter Fidler have been immedi-
ately previous to this date, that is to say on June 24, 1815,
scarcely more than two months before, members of the Council
of Assiniboia, it is more than likely that their appointments
as Councillors had reference to Assiniboia. They have been
so placed in the table, with an indication however, that this
is not established.

In the case of the Council of Alex. McDonnell we can
prove that Thomas Thomas was a Councillor for Robert
Semple and for Andrew Bulger. The appointment * lay not
with the local representative but with the Hudson's Bay Com-
pany in London. The Company made it their policy to con-
tinue the Councillors in office, and Thomas Thomas had now
settled in the Colony. That he was a member of the Council
is fairly probable.

The Company Period.

Up to 1835 the total membership of the Councils of Assini-
boia, even including the Governor or Agent, never exceeded
seven. In fact the number present at any meeting was never
greater than five. Though even after 1835 the Council con-
tinued to vbe what Captain Bulger called an " appointed
Council," yet the constitution of the Council of Assiniboia
underwent a profound change in the middle thirties. The
ownership of the District itself passed from the Selkirk Estate

1 Dominion Archives, Selkirk Papers, LXX, 1850-1.
28159— 3i

36 CANADIAN ARCHIVES

again to the Company. Just when is not clear(1) but the re-
modelling of the Council into a more representative form
shows the influence, if not of new hands, at any rate of a
closer contact. There is a great gulf between the Council of
May 4, 1832, and that of Feb. 12, 1835, although Gfcorgc
Simpson was President of both. At the former were present
five members, at the latter, fifteen. The distinction, however,
is greater than a mere numerical differentiation. It was the
introduction of representative government. Of the fifteen
Councillors present in 1835, four were present in 1832. Donald
McKenzie the only Councillor present in 1832 who was absent
in 1835, had on the expiration of his office of Governor in
June, 1833, retired to New York State. Two others, James
Bird and William H. Cook had been appointed Councillors as
early as 1822. Rev. D. T. Jones was a Councillor under
Governor Pelly although we have no record of actual attend-
ance on his part at any session. All these constituted the link
with the past. The new element in the Council was repre-
sented by.

Rev. Wm. Cockran, Chaplain.

John Charles, \ ~ .,, ., T .

Alex. Christie, J Councillors of Rupert's Land.

and the following who sat by invitation, —

Bp. of Juliopolis, Roman Catholic Bishop,
Donald Ross, Chief Trader,
Alex. Ross, Sheriff of Assiniboia,
John Bunn, M.D., Medical Adviser,
Andrew McDermot, Merchant.

These constitute the more influential members of the com-
munity. So far as they were regular Councillors they received
their Commissions directly from the Governor, Deputy Gov-
ernor and Commitee of the Hudson's Bay Company. Those
who sat by invitation owed their seats to the opinion formed
by the other Councillors as to their standing in the community.

Throughout the history of the Council the membership did
not increase materially. The largest -Councils convened on
special occasions, — 1. June 13, 1839, — when the minutes of the
General Court of the Hudson's Bay Co., rescinding the Resolu-

1 Martin has discussed this difficulty in the Hudson's Bay Company
Land Tenures.

PIONEER LEGISLATION

tions of 1822 and 1823 were read and new appointments
announced.

2. June 19, 1844, — when a series of important resolutions
were passed.

3. Jan. 23, 1868, — when no less than eight new Council-
lors took the oath. -

But if the Council did not become larger the sessions grew
more frequent This is evident if we compare the three period;*
of approximately equal duration which constitute the history
of the Council, 1835-1869.

1. 1835-1845, inclusive, 15 sessions.

2. 1847-1858, " . . 35 "

3. 1859-1869, " 64 "

Including the eleven sessions previous to 1835,, and an in-
formal session on September 6, 1870, we have information
concerning no less than 126 sessions of the Council of Assini-
boia. The date, the attendance, and the names of the Presid-
ing officers of the period 1835-1869 are herewith given, —

Date of Council.

Number
Present.

Presiding Officer.

Year.

Month.

1835

Feb. 12 .

15 (1)

George Simpson.

1835

Apr. 30. .

it ti

1836

June 13.

it M

1837

Feb. 2.

Alex. Christie.

1837

June 16.

George Simpson.

1838

.1 15.

Alex. Christie.

1839

., 13.

George Simpson.

1839

July 4.

n it

1840

June 8.

Duncan Finlayson.

1841

„ 25.

Sir George Simpson.

1843

July 3.

M n

1844

June 19.

M M

1845

Apr. 3.

Alex. Christie.

1845

June 16.

Sir George Simpson.

1845

M 19.

n n

1847

Jan. 15.

Alex. Christie.

1847

Feb. 19.

n i

1847

May 20.

IS (2)

n i

1847

June 8 .

1847

Nov. 18.

1848

May 9.

1848

July 27.

1848

Sept. 20.

1848

,, 20.

Major W B. Caldwell.

1848

Oct. 10.

•• n

(1) Including 5 by invitation.

(2) Including one by invitation.

CANADIAN ARCHIVES

Date of Council.

Number
Present.

Presiding Officer.

Year.

Month.

1848

Dec. 7...

Major W. B. Caldwell.

1849

May 31....

ii ii

L849

July 30....

it it

1849

Oct. 12. . . .

M ii

1850

Jan. 22....

1850

July 8....

ii ii

1850

Sept. 5...,

Eden Colvile.

1850

Oct. 16....

1851

May I....

Major W.' B. Caldwell.

1851

Nov. 27

1852

July 13

1852

Dec. 9....

M II

1853

Mar. 29....

II II

1853

Oct. 18....

1853

Dec. 8....

1854

June 22

3854

Aug. 3-

1855

Feb. 28....

1855

July 19 ...

Francis G. Johnson.

1856

Feb. 27....

Francis G. Johnson.

1856

May 27....

1857

June 25....

1857

Sept. 19....

1858

June 23

1858

Dec. 9....

William Mactavish.

1859

Mar. 10.. ..

1859

May 12....

1859

.. 26....

1859

Dec. 7....

1860

Feb. 27....

1860

Mar. 27....

1860

May 10....

1860

Sept. 4

1861

Mar. 5....

1861

.. 14....

1861

April »....

1861

June 8....

1861

Nov. 5....

(I *

1862

Tan. 9

1862

Mar. 13....

1862

April 8....

1862

.. 11....

1862

June 4....

Alex. G. Dallas.

18C2
1862

July 18....
Oct. 30....

10
10

William Mactavish.

1862

Nov. 25....

\lex. G. Dallas.

1863

Mar. 11....

1863

April 9....'

1868

„ 28....

1863
1863

July 18...
Aug. 17....

6
11

William Mactavish.

1863
1864

Dec. 19 ...
Jan. 7.,.

10
9

Alex. G Dallas.

1864

Mar. 12....

1864

May 4....

1864

9....

1864

July 15....

William Mactavish.

PIONEER LEGISLATION

Date of Council.

Number
Present.

Presiding Officer.

Year.

Month.

1864

Sept. 29...

William Mactavish.

1864

Nov. 3....

„

1865

Jan. 12....

John Black.

1865

Mar. 21....

1865

May 30....

„

1865

July 18....

„

1865

Aug. 3....

William Mactavish.

1865

„ 31....

„

1866

Jan. 4....

1866

Feb. 22....

1866

Mar. 28....

John Black.

1866

June 15 ....

William Mactavish.

1866

.. 23. ..

John Black.

1866

Nov. 29....

William Mactavish.

1867

Mar. 7....

„

1867

April 12 ...

„

1867

„ 30....

1867

May 20 ...

1868

Jan. 23....

1868

Feb. 5....

„

1868

May 18....

1868

Aug. 6....

1868

Aug. 10...

1868

Oct. 19 ...

„

1868

Nov. 7....

„

1868

Dec. 17....

1868

.. 29....

1869

Jan. 28....

1869

May 17....

John Black.

1869

Oct. 19....

1869

H 25....

(1)1869

„ 30(2).

(1) This list does not include an informal meeting at Lieutenant Governor Archi-
bald's levee, Sept. 6, 1870.

(2) This Council is not recorded in the Minute Book. See sessional papers, 33
Victoria, No. 12, p. 137.

40 CANADIAN ARCHIVES

GOVERNORS, AGENTS, PRESIDENTS AND ADMIN-
ISTRATORS.

MILES MAODONELL. — Miles Macdonell was born in New
York State. The family was Loyalist. On June 6, 1796,
Miles was appointed Captain of the Royal Canadian Volun-
teers by Lord Dorchester. He was chosen by Lord Selkirk to
establish his colony on the Red River. In June, 1811, the
Hudson's Bay Company appointed him Governor of the Dis-
trict of Assiniboia, and Lord Selkirk appointed him his Agent
and Superintendent. He arrived at Red River with his first
band of settlers in the colony in August, 1812, and took formal
possession on September 4. Differences soon arose with repre-
sentatives of *the North West Company. On January 8, 1814,
he issued a proclamation forbidding the exportation of pro-
visions. He organized the first Council of Assiniboia. On
October 21, 1814, he issued Notices to representatives of the
North West Company to quit the District. In the struggle
that ensued Macdonell surrendered on June 22, 1815, and was
carried a prisoner to Lower Canada. He returned to the
country with Selkirk in 1817.(1) He died in Canada in 1823.
His letter book is preserved in the Dominion Archives. (2)

JAMES WHITE. — James White had studied medicine at the
University of Edinburgh and for a time was an assistant
apothecary in that city. From Nov. 25, 1809, to Sept. 17,
1811, he was acting assistant surgeon on H.M.S. Beagle. He
came to Red River in 1814 as surgeon for the Colony. He was
then twenty-five years of age. The terms of his engagement to
Selkirk are given in the Selkirk Papers(3). He was appointed
at a salary of 50 pounds per annum, to commence from the
date of embarkation, lodging and subsistence for the first two
years after his arrival, and 500 acres of land. Selkirk who

1 The Instructions issued by the rival Companies to the persons in
charge of their respective posts for the general restitution of all prop-
erty seized, dated July 15, 1817, is signed by (among others) Miles Mac-
donell as "Gov. of Ossiniboia." Dominion Archives, M. 778 G. 40. See
also M. 778 D. 103.

' M. 155, pp. 253-338.

8 Dominion Archives, Selkirk Papers, IV, 1064, gives an extract of a
letter to Selkirk stating his qualifications IV, 1125 gives the terms of hi'
engagement

PIONEER LEGISLATION 41

discerned in him excellent judgment, had him appointed a
member of Miles Macdonell's Council in July, 1814. He was
second in command and had charge during Macdonell's
absence in 1814. (1}

After the surrender of Macdonell, White presided at a
meeting of the Council of Assiniboia, June 24, 1815, and on
the following day concluded Articles of Agreement with the
Half breeds. (2) Semple's criticism of him was severe. He
characterised him as " unfit to command " and a " slave to
liquor."

COLIN ROBERTSON. — Colin Kobertson served an apprentice-
ship as a clerk with the 1ST. W. Company. Through Chief
Factor James Sutherland he engaged to take part in the Atha-
basca expedition. In a letter to Selkirk on Mar. 16, 1814, he en-
closed a testimonial dated Montreal, Sept. 15, 1809, which he
had received from Mactavish, McGillivray and Co., on sever-
ing his connection with the JET. W. Co. He was able to have
Maitland, Gardener, Auldjo and Co., appointed Montreal
Agents for the Hudson's Bay Company. He left Lachine with
the brigade, May, 1815. When en route to the interior he
learned of the destruction of the Colony. About 140 settlers
went to Canada. Those who refused to go were driven to
Jack River, Norway House. They returned to Red River
August 19, 1815, under Robertson's protection. Robertson
undertook the management of the affairs at Red River and the
reestablishment of the Colony, and won Selkirk's warmest
acknowledgments for his work. (3)He had Alex. McDonnell
and Peter Fidler as assistants. On Mar. 17", 1816, at the head
of an armed party of H. B. Compan\ servants he attacked
Fort Gibraltar. He won the rank of Chief Factor in the fur
trade. Gunn says of him(4), — "Mr. Robertson was tall and
stout with a fearless disposition and a considerable degree of
ostentatiousness in his appearance. His mind was well in-
formed, and his disposition affable and kind; he spoke the
French Canadian language fluently and was in every respect
qualified to become a leader of men."

ROBERT SEMPLE. — Robert Semple a British officer who
had risen to the rank of Governor in Chief of the Hudson's
Bay Territories, was born in 1766, in Boston, Mass. He had

1 Dominion Archives, Selkirk Papers, IV, 1146.

8 See Dominion Archives, M. 778 D. R. R. Disturbances ; also copies of
affidavits made by White on April 8, 1815.

* Dominion Archives, Selkirk Papers, III, 990.
4 History of Manitoba, p. 128.

42 CANADIAN ARCHIVES

travelled extensively on commercial enterprises in Europe,
Africa and South America, and had written accounts of his
travels. He was not entirely suited to the rough work that lay
ahead of him when he arrived at Red River on Nov. 3, 1815.
The troubles with the N". W. Co., were at their height. After
the capture of Duncan Cameron at Fort Gibraltar, Semple
sent off his prisoner in charge of Colin Robertson, and lost
thereby his most valuable adviser. He was slain at the
massacre of Seven Oaks, June 19, 1816. Coltman says of
him(1) — ee It is evident he was a man of considerable talent
and attainments, although his language was often far from

being conciliatory He appears for the most part

to have looked for the justification of his proceedings rather
to a general sense of natural justice combined with some refer-
ence to the chartered rights of the H. B. Co., than to any
acknowledged principles of law". He was gratefully re-
membered in the settlement, " A Code of Laws and a Governor
Semple to administer them/' wrote John Pritchard in 1821(2)
" are the only things necessary to secure the peace of this
country and the prosperity of its inhabitants."

ALEXANDER McDoNELL. — Alexander McDonell was Sheriff
of the Red River Settlement under Governor Semple. On or
about Mar. 19, 1816, with John Pritchard and others he forci-
bly entered the ET.W. Company's establishment at Pembina. He
succeeded to the command on the death of Governor Semple
at Seven Oaks, June 19, 1816. He and his people evacuated
the Fort, June 22, and passed on to Lake Winnipeg. He
governed from this date to the coming of Captain Bulger in
1822. (3) Selkirk appointed him his agent and attorney. A
great deal of adverse criticism has been levelled at his admin-
istration. Simpson charged that he lacked capacity and influ-
ence of character and was engaged in speculation. Angus
Matheson and seventeen other settlers, however, urged that
they had no fault to find with the internal regulation of the
colony, and that they were highly siatisfied with the treatment
they had received from him.(4) After the expiration of his
term of office as Governor he continued to serve under his
successor as Councillor of Assiniboia. Pelly and Simpson
wrote in very violent language concerning him — "Mr. Mc-

1 Report. 176.

'Dominion Archives, Selkirk Papers, XXII-XXIII, 7259.

Governor Miles Macdonell however still retained his commission n
1817.

•Dominion Archives, Selkirk Papers, XIX, 6405.

PIONEEB LEGISLATION 4:3

Donell is the most troublesome character in the Colony and I
think decidedly inimical to its well being and prosperity."

" There is not a man in the settlement I have such a bad
opinion of as McDonell. He is so excessively selfish and
possessed of so much low trickery and cunning. In fact I
consider him nothing better than a common swindler or thief."

" McDonell is disaffected and the bitterest enemy to the
executors in this place. "(1)

Despite these charges this Grasshopper Governor, as he
was styled, is entitled in no small degree to the credit of having
established and maintained the settlement after it had been a
second time broken up.

ANDREW BULGER. — A native of Newfoundland, Captain
Bulger embarked for Canada in 1812. He was engaged in the
war with the United States, served on the lakes, was present at
Detroit and at Chrysler's Farm, and was sent to the relief of
Michilimackinac. He had been in charge of a Post on the
Mississippi. He arrived in the colony June 28, 1822, and re-
mained for little more than a year. He found the situation
little to his liking. He was constantly embroiled with Chief
Factor John Clarke of the H. B. Co. Some authors speak of
him as impractical. Doubtless he was irascible, but a study of
the Bulger Correspondence creates the impression that he was
prompt and efficient. He was not happy in his work as
Governor. In a letter to Andrew Col vile, dated Dec. 7, 1822,
Fort Douglas(2) Governor Bulger wrote : " I did not expect
when I left England to be called upon at any time to perform
any judicial functions for which I am not competent in point
of ability, nor qualified by law.(3) The management of the
settlement for one year was all that I had agreed to undertake ;
and it was, as I understood, to give me more authority in the
eyes of the settlers than I could possibly have, if merely the
agent of the Executors, that a commission as Governor of
Assiniboia was granted to me. No provision appears to have
been made to secure to me the respect and obedience of the
Company's officers and servants in this District. They treated

me >as if I had no authority at all Before the

resolution of 29th May arrived the mischief was done; even
my title had by that time been changed to " Monsieur le

1 Dominion Archives. Selkirk Papers, 8311, 8235, 8222.

2 Dominion Archives. M. 722.

3 Bulger expected to ero out as Secretary and Registrar for the Colony.
See Dominion Archives. Bulger Corr., M. 152 C.

4:4: CANADIAN ARCHIVES

Capitaine " while that of " Monsieur le Gouverneur " had
been transferred to Mr. Clarke."

On Dec. 14, 1822, he forwarded the following recom-
mendations to the Company(1) :

1. To get courts and magistrates nominated by the King.

2. To have a company of troops sent out to support the
magistrates and to keep the natives in order.

3. To circulate money.

4. To find a market for surplus grain.

5. To let it be determined whether the Council at York
Factory are justified in preventing the settlers from buying
moose or deer skins for clothing and provisions.'7

He concluded his letter — " If these things cannot be done,
it is my sincere (it may be my last) advice to you to spend no
more of Lord Selkirk's money upon Red Kiver."

Bulger won the esteem of his immediate advisers, who con-
tinued to correspond with him after he left the country. Prior
to his departure an address from sixty-five of the settlers spoke
of his government as " wise and conciliating " and expressed
their "gratitude and respect not only for the benefit of your
impartial and prudent administration but for the example left
us of an able discharge of duty, which we can only hope your
successor may be proud to emulate." George Simpson, on the
other hand, wrote of him to Andrew Colvile in words that were
far from flattering(2), — " The opinion I gave last year from
York of Mr. Bulger's administration is fully confirmed. His
extravagance was unbounded, and all to gain popularity, and
his conduct indecorous and unbecoming in the extreme. While
there was a gallon of rum in the Fort he never went to bed
sober, and his time, instead of being devoted to the public good
was occupied with his petty quarrels. His clerks were his

principal councillors and pot companions. . . Kemp

and Henderson were in fact the Governors and not Bulger."

The chief difficulty that Bulger encountered was in his
relations with the Company's principal representative who
was exceedingly jealous of interference in what he termed the
internal affairs of the Company. Bulger himself wrote to
Andrew Colvile, — " I was not invested with any power to
interfere with the officers of the Hudson's Bay Company. (3)

1 A memorandum covering most of these points was received by Gov
ernor Bulger from A. Macdonell, Nov. 29, 1822. See Dominion Archives
Bulger Corr. II, M. 150, pp. 398-399.

2 Dominion Archives. Selkirk Papers, XXVI, 8227.
8 Dominion Archives, M. 722, Letter dated Fort Dou

Douglas, Dec. 7, 1822.

PIONEER LEGISLATION 45

The Governor, Deputy Governor and Committee of the Com-
pany, however, in a letter to George Simpson, May 21, 1823(1)
vindicated the position taken by Bulger and stated clearly the
jurisdiction of the Colony Governor.

The Bulger Correspondence in the Dominion Archives en-
ables us to follow his fortunes in considerable detail. He died
in Montreal, March, '1858.

WILLIAM KEMPT. — William Kempt came out from Scot-
land as a surveyor for the Red River Settlement at a salary of
100 pounds per annum. He took up the work of surveying
where Peter Fidler had left it. In 1822 he laid out lots on
the Image Plain, and in February, 1823, drew up a plan of a
village on the Assiniboine River. Governer Bulger wrote of
him — "He is surpassed by no man that I have ever known in
zeal and industry in the performance of his professional
duties." When Governor Bulger left the colony on August
6, 1823, Kempt was assigned the nominal charge pending
the arrival of Governor Pelly. He was instructed to consult
Chief Factor Donald McKenzie privately on all important
matters. The conduct of Chief Factor Clarke during the
previous winter had aroused the settlers to such a pitch that
riots were feared from the view that the Company was
undertaking the exclusive management. On Sept. 23, 1823,
Kempt held a meeting of the Council of Assiniboia by corres-
pondence. The Selkirk Papers contain Kempt's " Journal
from the period of Governor Bulger's departure until the
arrival of Governor Pelly, August 6— Sept. 25, 1823."(2)
Kempt subsequently resumed his professional activity in Scot-
land.

ROBERT PARKER PELLY. — Robert Parker Pelly, cousin to
Sir John Henry Pelly, Governor of the Company, succeeded
Kempt in the administration of the colony. He remained in
that position for two years, to June, 1825, during which time
at least four meetings of the Council were held.

Pelly in conjunction with George Simpson held a power of
Attorney from the Selkirk Executors, dated May 19, 1823.
Though George Simpson wrote enthusiastically to Andrew
Colvile about Pelly, Mar. 31, 1824,(3) it seems certain that the
Governor lacked firmness and decision — " In regard to Gov-
ernor Pelly he is the fittest man for the situation he holds that

1 Dominion Archives, Bulger Corr., M. 151, p. 215, seq.
» Dominion Archives, Selkirk Papers, XXV, 8062.
« Dominion Archives, Selkirk Papers, XXVI, 8261.

46 CANADIAN ARCHIVES

ever came to the country. He possesses sufficient nerve, is most
exemplary in private life, strict and impartial in the discharge
of hig public duties and watchful of the interests of his em-
ployers."

It was not after this fashion, however, that John Hender-
son wrote to Captain Bulger on Jan. 20, 1825(1) -"To" Mr.
Pelly who consulted a Greek dictionary to teach him the duties
of his office, who had all the ambition without the policy to
be popular, who ruled the people with a rod of iron to awaken
their gratitude,' who $or withholding many necessary and
accustomed presents from the Indians, and by banishing them-
selves from his Fort and the settlement proclaimed himself
their father and friend, who when he was himself happy con-
sidered the colony wisely governed, who when he was com-
fortable, indulged the idea that the people were amply pro-
vided with food and raiment, who when the widow and
orphan asked for bread gave them a stone, who, in short, con-
sidered himself the centre of all good, and the touchstone of
every virtue, I say, to Mr. Pelly, I am inclined to attribute
this melancholy occurrence. "(2)

DONALD McKsNziE. — Donald McKenzie was the brother
of Roderick McKenzie of Terrebonne, the cousin and corres-
pondent of Sir Alexander MacKenzie. He had participated
in the organization of the Astor Fur Company and had crossed
the continent in 1811. After severing his connection with
the Astors he became a confidential servant of the N.
W. Co. Under the Deed Boll of 1821 he was a Chief
Factor in the reorganized H. B. Co. In 1822 he came
from the Pacific coast to York Factory, and on May
29 of the same year was appointed Councillor of the
Governors of the Company's Territories. On the departure of
Governor Bulger he was sent to the Red River by George Simp-
son to superintend the Company's affairs and to assist William
Kempt who had the interim nominal charge. In June, 1825,
he became Governor of Assiniboia, a post he held for eight
years. The most notable events of his regime were the flood
of 1826 and the flight of the Swiss settlers. In this connec-
tion Gunn says(3), — "This benevolent gentleman not only made
use of the stores under his charge for the relief of the sufferers,
but added the influence of his high position and personal char-

1 Dominion Archives, Bulger Corr., M. 152, p. 62.

2 An attack of the Indians.

8 History of Manitoba, p. 246.

PIONEER LEGISLATION

acter to induce others to join the good work." On the expira-
tion of 'his term of Governor he retired to New York State.

GEORGE SIMPSON.. — Simpson was a cousin of the
explorer Thomas Simpson. In 1820 he had gone
to the Athabasca and soon gave evidence of remarkable execu-
tive ability. On the union of the rival companies, Win.
Williams was appointed Senior, and George Simpson, Junior
Governor of the Company's Territories. Simpson soon
assumed practically sole supervision of the Company's affairs,
presided at their Councils, and exercised principal direction
of the whole interior management. This he continued to do
for nearly forty years. His accounts of his travels, his letters
to the various officers of the Company, all written in an
admirable hand, and his evidence before Parliamentary Com-
mittees, constitute an invaluable mine of information for the
period which they cover. In 1839 he received a
knighthood for his services in connection with the uprisings
in the Canadas. He presided over the Council of Assiniboia
on the following dates,— May 4, 1832 ; Feb. 12, 1835 ; April 30,
June 13, 1836; June 16, 183T; June 13, July 4, 1839; June
25, 1841; July 3, 1843; June 19, 1844; June 16, 19, 1845.
During the term of office of Governor Felly he wrote :(1)
" I think it is better that I should not attend the
Council at all, because when present it would be
necessary for me to preside, which must in some
degree affect the consequence of Mr. Pelly in the eyes of the
lower classes. In order to command due respect he must on
all occasions be the great man." The results of his forty years
of service proved that he was himself a great man. No service
to the District of Assiniboia was greater than his reorganisa-
tion of the Council in 1835.

ALEXANDER CHRISTIE. — Alexander Christie is mentioned
as one of the Chief Factors in the Deed Roll of 1821. Like a
great majority of the fur traders he was Scotch. He was
appointed iCouncillor of the Governors o*f the Company's
Territories on May 29, 1822, and Governor of Assiniboia in
1833, an office which he held for two terms, 1833-39, 1844-48.
He attended the Council of Assiniboia for the first time on
Feb. 12, 1835 and was present at twenty meetings. On the
expiration of his first term as Governor he was appointed

1 Dominion Archives. Selkirk Papers, XXV, 8014.

48 CANADIAN ARCHIVES

Councillor of Rupert's Land. It was during his first regime
that the company bought back the District of Assiniboia from
the Selkirk Estate, reorganised the Council and built the Stone
Fort Garry. An interesting letter alluding to free trade,
written by Governor Christie, Sept. 5, 1845, is quoted by
Begg in his History of the North West. (I. 262).

DUNCAN FINLAYSON. — Duncan Finlayson had become
Chief Factor of the Hudson's Bay Company in 1832. His
appointment as Governor of Assiniboia and Councillor of
Rupert's Land bears date of March 20, 1839. He presided at
a Council on June 8, 1840. His term of Governor extended
from June 1839, to June 1844. During his term of office
the judicial system of the Colony was reorganized by the
appointment of the Eecorder, Ad&m Thorn. Governor Finlay-
son sought to improve agricultural methods. Ross in his Red
River Settlement p. 121 gives a report made by him of the
analysis of flour ground at various mills in the settlement.

MAJOR JOHN FFOKLIOTT CROFTON. — Major Crofton
attended the Council for the first time on June 15, 1847, and
was present at three meetings. He commanded a wing of the
6th Foot, a detachment of Artillery, and a detachment of Royal
Engineers sent out from England in 1846. He went out under
secret instructions and remained about a year. His mission
probably was concerned with the boundary question. He held
a seat in the Council from June 1846, to June 1847. He
characterised the form of government at Red River as
" Patriarchal." He replied to charges made against the H. B.
Co., on Feb. 12, 1848/1}

MAJOR J. GRIFFITHS. — He attended the Council of Assini-
boia for the first time on June 28, 1847, and was present at
three meetings. He succeeded Colonel Crofton both as
Governor of Assiniboia and Commander of the troops. He
left the Colony when the troops were withdrawn in 1848.

MAJOR W. B. CALDWELL. — On the withdrawal of the
troops, Major W. B. Caldwell brought out a corps of 56 en-
rolled pensioners who were to divide their activities between
agriculture and police duty. Caldwell attended the Council of
Assiniboia for the first time on Sept. 20, 1848, and was present
at 20 meetings. He was Governor of Assiniboia from June
1848, to June 1855. He left the country, to quote his own

1 Imperial Blue Books, Return to Address of H. of C., Feb. 9, 1849.

PIONEER LEGISLATION 49

words, " Tranquil, peaceable and quiet.77 The history of his
connection with Red River Settlement is given in Nos. 5358-
5632 of the Minutes of Evidence taken before the Select Com-
mittee on the Hudson's Bay Company, 1857.

EDEN COLVILE. — Eden Colvile attended the Council of
Assiniboia for the first time on Sept. 5, 1850, and was present
at two meetings over both of which he presided as Governor
of Rupert's Land. To him was referred the claim of the
Scotch settlers to St. John's Church and burial ground. Ross,
in his Red River Settlement (pp. 355-357) has preserved
letters from him relative to the claims of the Presbyterian
community.

FRANCIS GOODSCHALL JOHNSON, Q.C. — He attended the
Council of Assiniboia for the first time on July 19, 1855, and
was present at six meetings. A member of the Montreal Bar
he was appointed in 1854 Recorder of Rupert's Land, Assessor
and Legal Adviser to the Governor of Assiniboia and to the
company. On July 19, 1855, he was appointed Deputy Gov-
ernor for the purpose of holding the General Court. His com-
mission as Governor of Assiniboia was read to the Council
on Nov. 26, 1855. His term of office extended for 3 years.
Mr. Justice Johnson was member of the small Executive
Council of three appointed to assist the Lieutenant Governor
of Manitoba in the administration of the North West Terri-
tories. In 1872 he was interim Lieutenant Governor or
Administrator of Manitoba and the North West Territories.

WILLIAM MACTAVISH. — He attended for the first time on
Dec, 9, 1858, and was present at fifty-four meetings. He had
been appointed Chief Trader in 1847, and Chief Factor four
years later. He was appointed Governor of Assiniboia and
took the oath on Dec. 9, 1858. He became Acting Governor
of Rupert's Land between the death of Sir George Simpson
and the appointment of A. G. Dallas. On Mar. 13, 1862, he
was appointed a member of the Committee of Three to arrange
the local laws of the District of Assiniboia. On the retirement
of Governor Dallas he became Governor of Rupert's Land and
at the same time continued Governor of Assiniboia. His ill-
ness during the critical days of 1869 entirely unfitted him to
cope with the troubles which attended the transfer of Rupert's
Land to Canada. He died in England in 1870.

ALEXANDER GRANT DALLAS. — After having been for several
years a director and special agent of the Hudson's Bay Cow-

28159—4

50 CANADIAN ARCHIVES

pany on the Pacific coast he succeeded Sir George Simpson
as Governor-in-Chief of Rupert's Land, He held office for
four years until William Mactavish was appointed. He
attended for the first time as Governor-in-Chief of Rupert's
Land on June 4, 1862, and was present at ten meetings. He
was extremely unpopular with the older Hudson's Bay Com-
pany men.

JOHN BLACK. — John Black first came from England to
Rupert's Land in 1839. He attended the Council of Assini-
boia for the first time on May 31, 1849, and was present at
fifty meetings. He was appointed President of the Petty
Court in the Upper District on May 1, 1851, and again on
Nov. 27, 1851. On June 4, 1862, Governor Dallas intro-
duced Mr. Black to the Council as " a former resident in the
country who had been apDointed to preside over the Courts of
Justice and to perform the duties of Recorder, Coroner, etc.

.•:.,! Since his former residence in the settlement

Mr. Black had filled high and important Government offices
in Australia, (1) where he had gained much knowledge and
experience in Colonial matters." During the later days of
Assiniboia, during either the absence or illness of Governor
Mactavish Mr. Black was Acting Governor and as such pre-
sided over the Council of Assiniboia. He represented St.
Andrews in the convention of January, 1870. On Feb. 10,
1870, he was chosen as delegate to the Dominion Government
in connection with the Red River Settlement.

DONALD A. SMITH. — As President of the Council of
Assiniboia, Smith presented the address to Lieutenant Gover
nor Archibald on Sept. 6, 1870, from those who had con-
stituted the Council.

1 Minister for Land in the Government of New South Wales.

PIONEER LEGISLATION 51

THE COUNCILLORS.

THE COUNCIL OF ASSINIBOIA.

The Oath.

Each Councillor before taking his seat as member of the
Council, took the following oath, repeating the words after
the President, and kissing the Holy Bible —

" I hereby swear in the presence of Almighty God, that I
will truly serve our Sovereign Lady, the Queen or Her Heirs
and Successors, and all, who now do, or hereafter may, law-
fully exercise authority under her or them, and that I will
faithfully discharge all and every the duties of a member of
the Council of the District of Assiniboia in Rupert's Land."(1)

, Members of the Council.

MILES MACDONELL. — See above under " Governors."
OWEN KEVENY. — He was appointed a member of Miles
Macdonell's Council on June 12, 1813. He had been engaged
by Selkirk to take charge of the settlers whom he had secured
in Ireland. (2) His discipline was rigid, at times brutal. He
conducted his company of colonists inland from York Factory
to Red River. Wm. Auld, of York Factory wrote of him,
Sept. 10, 1813,(3) — " Mr. Keveny arrived at Red River with
his whole party safe and sound, in the same high health as
when they left Ireland. He is worth as many Arch'd- Mc-
Donalds as will stand between here and Cape Horn." After
spending a winter in Red River he returned to Ireland but
came out again to Hudson Bay in 1815. Owing to his tyran-
nical treatment of his boatmen on their way inland from
Albany, a warrant for his arrest was sworn out before A. N.
McLeod, a Justice of the Peace for the Indian Territories.
He was arrested and sent off for Fort William. He became

1 This was the form adopted during the Company Period. What
form was used during the Selkirk Period is not knqwn.

9 Dominion Archives. Selkirk Papers II, 560 gives a classification of
the men who came out with him and (II. 460) his report to Selkirk on
his voyage.

* Dominion Archives. Selkirk Papers, 849.
28159— 4i

52 CANADIAN ARCHIVES

so unruly that he was clapped into irons. He was murdered
en route. The circumstances of his death were investigated at
Tort William and Montreal. (1) Though a Councillor no record
of his actual attendance at any meeting of a council has
survived.

LASEREE(S). — He was appointed a member of Miles Mac-
donell's Council on June 12, 1813. He was a surgeon and
successor to Mr. Edwards in that capacity at the settlement.
On June 12, 1813, Lord Selkirk wrote,—" Mr. Edwards hav-
ing written last year that he intended to return home, he is
now replaced by Mr. Laserra who appears to be a superior man
in every respect and I trust that you will find him an agree-
able companion. He is from Guernsey and related to the late
•General Brock. I am informed from an unquestionable
authority that his skill as a physician is much above par. He
is also a man of science, well informed on a great variety of
subjects and I have no doubt that you may derive valuable aid
from him in other business unconnected with his professional
duties. "(3) In the same letter Selkirk wrote that he was1 putting
him on MacdonelPs Council. LaSerre died in 1813 shortly
after reaching Red River. His effects were sold in the country
but afterwards called in from the purchasers and sent home to
his executors'. (4) Though a Councillor no record of Ms actual
attendance at any meeting of a council has survived.

KENNETH McRAE. — He was appointed a member of Miles
MacdonelPs Council on June 12, 1813. He seems to have been
the educational authority in the settlement in the early days of
the Colony. On June 12, 1813, Lord Selkirk wrote to Miles
Macdonell, — " The settlers who are now going out have ex
pressed much anxiety about the means of education .for their

1 The Dominion Archives, (M. 778 D. Bed River District) has a letter
from Lord Selkirk dated Fort William, Oct. 30, 1816, addressed to Sir
John C. Sherbrooke which says in part, — " In the course of last month
Mr. Owen Keveny, an officer of the Hudson's Bay Company was murdered
in cold blood by assassins employed for the purpose by one (or rather I
believe by two) of the partners of the North West Company and expressly
because he was known to be an enemy to the interests of that concern and
a man of whose abilities they were apprehensive. One of the assassins,
Sergeant Reinhart, late of the de Meuron Regiment, has been apprehended
and has made a full confession." Reinhart's confession that he had
assisted in murdering Keveny was made at Fort William before Selkirk,
Nov. 3, 1816. It is found in M. 778 D (Red River Disturbances) Dominion
Archives. This portfolio also contains Minutes of Executive Council,
March 15, 1817, relative to Bill of Indictment found against Charles de
Reinhart, Archibald McLellan, Cuthbert Grant, and Joseph Cadot.

3 Laserre and Laserra are variants.

3 Dominion Archives, Selkirk Papers, II, 657.

* Dominion Archives, Selkirk Papers, II. 1226.

PIONEER LEGISLATION 53

children. There is so much of a laudable spirit in their desire
that it must be attended to, and it is in every view, time that
a school -should be established. K. McEae is well acquainted
with the improved methods which have been invented or intro-
duced with such wonderful effect by Jos. Lancaster, and he
could in a few weeks organize a school on his plan, if you can
pick out from among the settlers a steady young man of a cool
temper to be employed as a schoolmaster. . Arithmetic with
reading and writing in their native tongue are the branches to
be first attended to and I care not how little the children are
taught of the language of the Yankies."

" If McR. remains at the settlement he can examine the
school from time to time to see that it is properly conducted;
or at any rate he can give the Schoolmaster the necessary in-
structions for carrying it on and give you such information as
to the method and principles of the system you can be at no
loss to judge whether this plan is properly pursued and to
check any neglect."(1) McRae and Macdonell did not main-
tain cordial relations. Macdonell accused him of malice in
lodging accusations against the family of a Mr. McLean, and
in trying to embroil him with Mr. Auld and other gentlemen
of the Company. (2) Though a Councillor no record of actual
attendance at any meeting of a Council has survived. His
name appears as one of the attornies appointed by Selkirk to
receive the grant of Assiniboia.

ARCHIBALD MCDONALD. — He was appointed a member of
Miles Macdonell's Council on June 12, 1813. He came from
Leechkentium, Grlenco Appin. He had studied the rudiments
of medicine in Scotland. He was appointed Clerk and Agent
by Selkirk in the winter of 1812.(3) On June 12, 1812, Lord
Selkirk wrote of him, — " His abilities are very good, his
manners popular and I have reason to entertain the highest
confidence in his candour and fidelity. I believe you may
safely trust to him anything that zeal and assiduity can accom-
plish I have put him as well as Leserra upon

your Council."(4) He soon assumed an important share of the
management of the Colony's affairs. (5) In the crisis which

1 Dominion Archives, Selkirk Papers, II, 665.

a " " " " IV, 1175, 1215.

3 The terms of his appointment are given, Dominion Archives, Selkirk
Papers, I. 285.

4 Dominion Archives, Selkirk Papers, II, 657.

6 A report to Miles Macdonell, May 22, 1814, of his management of the
part of the Colony's affairs entrusted to him is given Ibid. IV, 1091.

54 CANADIAN ARCHIVES

grew out of the hostility of the ST. W. Company in 1815 he
occupied a prominent position in the Council. (1) James Grant
of Fond du Lac wrote to Duncan Cameron, April 15, 1815, —
" Archibald McDonald is the acting man for the colony. He
is proud of being called the Governor. He appears to muster
the appearance of a colony to support his rank. However he
and the Halfbreeds must settle that point." The first date
of actual attendance at a meeting of a Council, so far as we
know, was June 24, 1815. He wrote a ' Narrative respecting -
the destruction of the Earl of Selkirk's Settlement upon Eed
River in the year 1815.' (Selkirk* Papers, LXI, 16488).
Volume LXVIII of the Selkirk Papers also contains Journals
kept by him at Churchill Creek and Eed Eiver.

It was Archibald McDonald who, in 1833, introduced to
the notice of the Company the idea of raising flocks and herds
on the Pacific Coast. The site first proposed was on the
Sacramento Eiver, California. This was the origin of the
Puget's Sound Agricultural Company.2

Chiefs of E. and W. Winipic.

See Jos. Sutherland and William Sinclair.

GEORGE HOLDSWORTH. — He had been a surgeon at York
Factory, but was then at the wish of the Superintendent pre-
vailed upon to go in that capacity to the Eed Eiver. On Sept.
26, 1813, Wm. Auld wrote — " Mr. Holdsworth is a very ex-
cellent young man and without exception the ablest and most
respectable professional man the Superintendent ever saw in
this country." He was appointed to Miles Macdonell's Council
in February, 1814. No record has survived of his actual
attendance at any meeting of a Council. We have, however,
copies of reports made by him to superiors.3

JOHN SPENCER. — In February 1814, he was appointed to
the dual position of member of the Council of Miles Mac-
donell and Sheriff of the District of Assiniboia. On Nov. 7,
1816, together with Lord Selkirk and four others, he was
arrested at Fort William. !NTo record exists of his actual
attendance at any meeting of a Council.

1 Coltman'e Report, p. 168, contains a letter, April 3, 1815, addressed
him by Duncan Cameron asking him not to resist the removal of the
field pieces. This is found in Dominion Archives, M. 778D.

•Dominion Archives, M. 731 D, 2331, 17.

•Dominion Archives, Selkirk Ppers, 920, 1469, 1529.

PIONEER LEGISLATION 55

WM. SINCLAIR AND WM. HILLIER. — On February 4, 1814,
Miles Macdonell wrote to William Auld — " Will you please to
signify to Messrs, Sinclair and Hillier that it is my intention
to name them should it meet with your and their con-
currence 2"(1)

We have discovered no record to prove that they actually
were Councillors of Assiniboia.

JAMES WHITE. — See above under ' Governors.9

JOHN PRITCHARD. — He was born in Shropshire, England,
in 1777. At an early age he came to Montreal and accepted
employment in the X. Y. Company. At the period of the
first establishment of the colony he was a clerk in charge of a
IT. W. post on the Assiniboia River. At the time of the Seven
Oaks massacre he had thrown in his lot with the settlers. (2)
Much of our information concerning that tragedy is derived
from his narrative. On Mar. 23, 1815, he was appointed a
Councillor of Assiniboia ad interim. On or about Mar. 19,
1816, with Sheriff Alex. McDonell he forcibly entered the N.
W. establishment at Pembina. He acted as Secretary to Lord
Selkirk himself. He attended not less than thirty meetings
of the Council of Assiniboia, for the first time on Dec. 4, 1822.
He was associated with the organization of the disastrous
Buffalo Wool Company. He received the following appoint-
ments,— Councillor of the Governor of Assiniboia, May 29,
1822; Councillor of the District of Assiniboia, Feb. 27, 1839 ;
member of the Committee of Economy, June 19, 1845 ; mem-
ber of the Committee of Finance, Feb. 19, 1847. He reported
as Secretary of the Committee of Economy on June 28, 1847.
Towards the conclusion of the Selkirk Period he received from
the Company a life annuity of 20 pounds for services rendered
to the cause of religion and education. He belonged to the
Presbyterian Congregation at Frog Plain. He died in 1856
and lies buried in St. John's Church yard, Winnipeg. The
present Archbishop Matheson is his grandson.

JAMES SUTHERLAND^. — Chief factor James Sutherland
was appointed to the Council of Miles Macdonell on May 10,
1815, by Macdonell himself. During that year he was in
charge of East Winnipeg. He attended a meeting of the Coun-
cil of Assiniboia, presided over by James White on June 24,
1815. On the following day Sutherland and White on behalf

1 Dominion Archives. Selkirk Papers, III, 959.
1 " " IV, 1201.

* James Sutherland who acted as Catechist is a different individual.

56 CANADIAN ARCHIVES

of the Hudson's Bay Company concluded an agreement with
the Halfbreeds. On Aug. 30, 1815, Governor Semple appointed
him a member of his Council.

It was through him that Colin Eobertson who led back the
settlers was enlisted in the service of the Company. In 1814
the Company had despatched him to Canada to engage men
and purchase canoes and provisions for the intended expedition
to Athabasca. On this occasion he secured the services of
Robertson.

On May 8, 1816, when in charge of five H. B. Co. boats
at the rapids of the Qu'Appelle he was attacked by a party
under Cuthbert Grant and carried prisoner to the 1ST. W. post
under Alex. MacDonell.

He was appointed Councillor of the Governors of the Com-,
pany's Territories on May 29, 1822 ; Justice of the Peace for
the Second District, Feb. 12, 1835, and Councillor of Assini-
boia, Mar. 20, 1839.

THOMAS THOMAS. — Chief Factor Thomas Thomas at the
time of the establishment of the Colony was Governor of the
Southern Department. He was offered the Governorship of
the Northern Department in succession to William Auld. He
however, declined the offer. In 1815 he declined a situation
of trust in Selkirk's service at Red River. On August 30,
1815, Governor Semple appointed him a Councillor of the Dis-
trict of Assiniboia. He attended for the first time Dec. 4,
1822, and was piesent at five meetings. II 3 signed the Selkirk
Indian Treaty as witness, July 18, 1817. He was again
appointed Councillor of the Governor of Assiniboia, May 29r
1822.

PETER FIDLER. — Peter Fidler was born in Derby, Eng-
land, Aug. 16, 1769. At the age of twenty-one he came to
Rupert's Land and engaged in the Fur Trade. Coltman's Re-
port (p. 157) speaks of him as a " principal factor of the
Hudson's Bay Company." He was entrusted by Robert
Semple with the task of conducting one of the bands of colon-
ists from Hudson's Bay to Red River. He was a member of
the Council of Assiniboia which on June 24, 1815, assigned
reasons for abandoning the Settlement. He belonged also to
the Councils of Colin Robertson and Robert Semple. In 1817
Selkirk sent him with a party of DeMeurons and others to
capture the Fort at Lac la Pluie. In this he failed.

Fidler won considerable reputation as a surveyor. On July
25, 1814, Miles Macdonell wrote to Selkirk,—" Mr. Fidler has

PIONEEB LEGISLATION 57"

been with me since the beginning of May laying out lands, etc.
We require to have a permanent surveyor that would keep a
regular office and Mr. Fidler might answer the purpose. From
his experience in the Country, he might be useful in other
respects. His Indian family is some objection to him. I
know that he would gladly enter into the service of the Colony
and offers to build a house in the town for his family. His
yearly salary from the company is one hundred pounds. He
would accept of the same here. He is far from being a well
polished man and is not well liked by the people but I think
him a well meaning man. I set off tomorrow for Y. F. Mr.
Fidler takes charge of matters here until my return. "(1)

He made the survey of the boundaries of the District of
Assiniboia, of the lots in Kildonan, etc. His map of the
Selkirk settlement was of the highest value, although Governor
Bulger in praising his successor, Wm. Kempt, claimed that
the surveys of Fidler had spread confusion throughout the land.
Bryce2 and Martin3 give synopses of his will made at
"Norway House, Winipic River, North America, Aug. 16,
1821." Fidler died in 1822. A number of his descendants
still live in Manitoba. His library which was kept intact at
Ked River has long been dispersed. Vol. 69 of the Selkirk
Papers contains his Journals kept at Red Biver Settlement
together with his meteorological journal and astronomical
observations.

COLIN ROBERTSON. — See above under ' Governors.'
ROBERT SEMPLE. — See above under ' Governors.'
ALEX. MACDONELL. — See above under ' Governors.'
ANDREW BULGER. — See above under ' Governors.'
WILLIAM HEMMINGS COOK. — In 1812, W. H. Cook was in
charge of York Fort,(4) In a letter dated Sept. 14, 1814, he
enumerated the conditions under which he was willing to
become a settler at Red River. (5). His appointment as Coun-
cillor of the Governor of Assiniboia bears the date of May 29,
1822. He attended for the first time, Dec. 4, 1822, and was
present at six meetings. He was again appointed Councillor
of the District of Assiniboia by the Committee, Feb. 27, 1839.
Gunn speaks of him as (C an eccentric but kind hearted gentle-
man."(6)

1 Dominion Archives, Selkirk Papers, IV, 1203.

2 Remarkable History of the Hudson's Bay Company, 283.
8 Hudson's Bay Company's Land Tenures, 108.

* Dominion Archives, Selkirk Papers, I, 278.
8 Dominion Archives, Selkirk Papers, IV, 1242.
6 History of Manitoba, 103.

58 CANADIAN ARCHIVES

JAMES BIRD. — On Aug. 30, 1815, Governor Semple
appointed James Bird a member of his Council. In 1817, he
was stationed at Carlton House. In the same year on July 18,
he signed the Selkirk Indian Treaty as witness. He was a
Chief Factor of the Company. He attended the Council of
Assiniboia for the first time on Feb. 12, 1835, and was present
at twenty-nine meetings. He was appointed Councillor of the
Governors of the Company's Territories and of the Governor
of Assiniboia on May 29, 1822 ; Receiver of Import and
Export Duties and Justice of the Peace for the first District,
Feb. 12, 1835 ; Magistrate with John Bunn for the lower
District, June 16, 1837; Councillor of Assiniboia Mar. 20,
1839. On April 3, 1845, he sent in a report on the difficulties
of collecting customs on certain American importations. On
June 19, 1845, he tendered his resignation as Collector. His
letter of resignation as Councillor owing to " old age and its
attendant infirmities " bears date of Feb. 23, 1856. His high-
est point in the service of the Company was reached when on
Sempfe's death he became Superintendent of the Northern
Department.

CAPTAIN FREDERICK MATTHEY. — In 1816 Captain Matthey
engaged 20 members of the Watteville Regiment in the name
of Selkirk for the settlement. On Nov. 7, 1816, together with
Selkirk and four others he was arrested at Fort William. He
signed the Selkirk Indian Treaty as witness July 18, 1817.
On June 12, 1818, he was entrusted with the management of
all that related to the defence and protection of the State. (1)
In 1819 he commanded an armed force which intercepted the
"N. W. Co. brigade on the Saskatchewan. He was later
assigned duties on the continent of Europe in enlisting settlers
for the Selkirk Settlement. His appointment as Councillor
bears date of May 29, 1822, but no record of actual attendance
at any meeting has survived. In a letter to Captain Bulger,
dated Aug. 1, 1825, John Pritchard wrote — " Matthey left us
last year. He was obliged to cut and run for it. In my opinion
he was cruelly treated. "(2)

(JOHN WEST.)— Rev. John West, M.A., was Chaplain to
the Hudson's Bay Company. It is not clear that he was a
member of the Council of Assiniboia. It is oniy dear that
Halkett wrote that he would recommend him to be added to
Bulger's Council.

1 Dominion Archives, Selkirk Papers, 20453.

* Dominion Archives, Bulger Corr., M. 152, p. 72.

PIONEER LEGISLATION 59

He left England May 27, 1820. As chaplain of the Com-
pany his instructions were to reside at the Eed Eiver Settle-
ment, and, under the encouragement and aid of the Church
Missionary Society, to instruct the Indians, etc. He reached
the Settlement, Oct. 14, and took up his residence at Fort
Douglas. He had a log house three miles below the Fort re-
paired for a school house. On Sept. 2, 1821, he established
an Auxiliary Bible Society for " Prince Rupert's Land and the
Red River Settlement." He found the Scotch settlers pre-
judiced against the English Liturgy and left the Colony, June
10, 1823. He was the author of " The Substance of a Journal
during a residence at the Red River Colony, British North
America, 1824."

ROBERT LOGAN.— On Aug. 19, 1822, Halkett wrote to
Governor Bulger of his intention to nominate Robert Logan
as a member of his Council. That he actually became a Coun-
cillor at that time is not proved. George Simpson made the
charge that he was associated with the speculations of Alex.
MacDonell when he was in power. He was the first individual
in the settlement successfully to operate a windmill for grind-
ing grain. He was appointed Deputy Chairman of the Com-
mittee for the management of Public Works on Feb. 12, 1835 ;
Justice of the Peace for the Third District, Feb. 12, 1835 ;
Magistrate with Alex. Ross for the Middle District, June 16,
1837; Councillor of Assiniboia, Mar. 20, 1839. Owing to ill
health he resigned as (Councillor and Magistrate on June 13,
1839. He was appointed Chairman of the Board of Works,
June 19, 1844. He was present at 13 meetings of the Council,
—for the first time on May 4, 1832.

WILLIAM KEMPT. — See above under ' Governors.9
ROBERT PARKER PELLY. — See above under ' Governors.9
REV. D. T. JONES. — Although he was a Councillor under
Governor Pelly the first actual attendance at. a meeting on the
part of Rev. Mr. Jones, of which we have a record was on Feb.
12, 1835. He was subsequently present at six meetings. He
had come to Red River as a Church Missionary Society mis-
sionary in 1823 as successor to the Rev. John West. In 1824
he founded St. Paul's or the Middle Church. In 1825 he was
appointed chaplain to the Hudson's Bay Company. He built
the stone church known as St. John's or the Upper Church.
He returned to England in 1838.

DONALD MoKENziE. — See above under ' Governors.9
GEORGE SIMPSON. — See above under ' Governors.9

60 CANADIAN ARCHIVES

ALEXANDER CHRISTIE. — See above under ' Governors.9

KEV. WILLIAM COCHRAN. — He attended for the first time
on Feb. 12, 1835, as assistant chaplain to the Hudson's Bay
Company and was present at thirty six meetings. He was
appointed Councillor of Assiniboia on Mar. 20, 1839. He was
interested in educational matters and was the first clergyman
of his church in Rupert's Land to undertake anything like
aggressive missionary work among the Indians. In 1827 he
.founded St. Andrew's; in 1836 St. Peter's and in 1854 a
mission at Portage la Prairie. In 1855 Bishop Anderson
appointed him Archdeacon of Assiniboia. He died in 1865.
Captain Palliser's 'Exploration in British North America9
says (March, 1857, p. 60), — " Many young fellows, halfbreeds
that were educated by him, bore testimony to his abilities as a
missionary clergyman, for all agreed in testifying to the un-
tiring zeal and energy of this estimable clergyman who, I was
informed on all sides, was competent not only to teach school
and preach fine sermons but to teach his disciples to wield an
axe and drive a plough."

JOHN CHARLES. — 'Chief Factor John Charles attended for
the first time on Feb. 12, 1835, as Councillor of Rupert's Land
and was present at two meetings. He was appointed a member
of Governor Sample's Council August 30, 1815 ; a Councillor
of the Governors of the Company's Territories on May 29,
1822 ; Councillor of Kupert's Land, Mar. 20, 1839 ; and mem-
ber of the Board of Works June 19, 1844.

BISHOP OF JULIOPOLIS (later Bishop of the North West).
— Kev. Joseph 1ST. Provencher, had arrived at Red River with
Rev. S. Dumoulin and some French families from Lower
Canada in 1818. He attended for the first time on Feb. 12,
1835, when he sat by invitation. He attended as -Bishop of
the North West for the first time on July 27, 1848. As Bishop
of Juliopolis or of the North West, he was present at
29 meetings. He was sworn in as Councillor of Assiniboia
on June 16, 1837. An appointment as Councillor of Assini-
boia bears date, Mar. 20, 1839, and as member of the Com-
mittee of Economy, June 19, 1845. Monseigneur Provencher
died in 1853.

DONALD Ross. — He attended once, on Feb. 12, 1835, when
as Chief Trader in the Hudson's Bay Company's service, he
sat by invitation. He was appointed one of four Sheriffs for
Rupert's Land on Mar. 20, 1839. He became Chief Factor

PIONEEK LEGISLATION 61

with James Douglas in 1840. He was Governor of Split
Lake. A copy of his letter book written at Norway House in
1830 is preserved in the Dominion Archives (M. 865).

ALEXANDER Ross. — He attended for the first time on Feb.
12, 1835, when, as Sheriff of Assiniboia, he sat by invitation.
He was present at thirty-three meetings. He came to Red
River Settlement from British Columbia in 1825. He was
appointed member of the Committee of Public Works and
Commander of the Volunteer Corps on Feb. 12, 1835 ; Coun-
cillor of Assiniboia, Mar. 2, 1836; Magistrate with Robert
Logan for the Middle District, June 16, 1837 ; Councillor and
Sheriff of Assiniboia, Mar. 20, 1839 ; Governor of the new
gaol with allowance of 100 pounds July 3, 1843 ; member of
the Board of Works, June 19, 1844; member of the Commis-
sion of Three to examine parties to written agreements accord-
ing to English principles of Equity, April 3, 1845. On June
16, 1845, the Council tendered him its thanks for efficiency in
discharging his duties as Commander of the Police. He was
appointed Collector on June 19, 1845 ; member of the Com-
mittee "of Finance, Feb. 19, 1847 ; member of the Board of
Works, June 28, 1847. On July 27, 1848, he moved for the
erection of a Public Granary. On Oct. 10, 1848, he resigned
the office of Collector and was tendered a Resolution of Thanks.
On July 8, 1850, he resigned as Sheriff. On Oct. 16, 1850,
he was appointed ex officio President of Court in the Upper
District, an office which he resigned on May 1, 1851. On the
same date he resigned as Governor of the Gaol. He was an
Elder of the Presbyterian Congregation at Frog Plain. He
was the author of " A History of the Red River Settlement,"
" The Fur Hunters of the Far West," " Adventures on the
Columbia River." He died in 1856.

JOHN BUNN, M.D. — He attended for the first time Feb.
12, 1835, when, 'as Sheriff of Assiniboia, he sat by invitation.
He was present at 58 meetings. He was a halfbreed. He was
appointed member of the Committee for management of Public
Works on Feb. 12, 1835 ; Councillor of Assiniboia, Mar. 2,
1836 ; Magistrate with James Bird for the Lower District,
June 16, 1837; Councillor of Assiniboia, Mar. 20, 1839;
member of the Commission of Three to examine parties to
written agreements according to English principles of Equity,
April 3, 1 845 ; member of the Committee of Economy, June
19, 1845; member of the Committee of Finance, Feb. 19,

(J2 CANADIAN ARCHIVES

1847. On July 30, 1849, he expressed his desire to resign his
office as Magistrate of Assiniboia. On Sept. 5, 1850, he moved
for a grant of 50 pounds to the Red River Agricultural Associa-
tion. He was ex officio President of Court in the Lower Dis-
trict on Oct. 16, 1850 ; was requested with two others to report
on the State of the Law on May 1, 18i51 ; was appointed Gover-
nor of the Gaol and Chairman of the Board of Works, May 27,
1856. At a meeting of the Council on June 8, 1861, the
Bishop of Rupert's Land moved a Resolution relative to Dr.
Bunn's sudden and unlocked for death, which was in part as
follows, — " They feel how great a loss the Council and Com-
munity have sustained in his removal by the hand of God from
his many and active duties. They would acknowledge the
valuable services which he has rendered for a long period as
a member of Council and also as Chairman of the Board of
Works, nor would they forget the efficient manner in which
he has for a more limited time discharged the duties of Sheriff
and those of Recorder and Coroner."

ANDREW McDERMOT. — He was born in Roseommon,
Ireland, in 1789, the son of Miles McDermot. He attended
for the first time on Feb. 12, 1835, when as settler and mer-
chant he sat by invitation. He was appointed member of the
Committee for the management of Public Works on Feb. 12,
1835, and Councillor of Assiniboia on Mar. 20, 1839. He took
the oath- as Councillor of Assiniboia on Jan. 15, 1847, and was
ex officio President of Court in the Lower District on Oct. 16,
1850, an office which he resigned on May 1, 1851. Rev. G.
O. Corbett in giving evidence before the Select Committee on
the Hudson's Bay Company, Mar. 5, 1857, said, — "I have
heard Mr. McDermott, who is, perhaps, the greatest merchant
on the banks of the Red River, say again and again that he is
quite surprized that the authorities in England do not extend
the route via Lake Superior, and open up a grand overland
route, and form a great nation from Lake Superior right across
the Rocky Mountains; that it could be done, and that he is
surprized that towns and cities have not been raised up." He
died in 1881.

JOHN LEE LEWIS. — He was born in England, the son of
Jchn Lewis, in 1791. He attended once on April 30, 1835, as
Councillor of Rupert's Land. On Mar. 20, 1839, he received
MU appointment again as Councillor of Rupert's Land. He
had attained the rank of Chief Factor in 1828. He lived in
retirement at St. Andrew's to a ripe old age.

PIONEER LEGISLATION 63

CUTHBERT GRANT. — He attended for the first time on
April 30, 1835, and was present at 25 meetings. He was a
celebrated chief of the halfbreeds and was in command at
the Seven Oaks massacre. He formed a settlement at the
White Horse Plain. He was appointed Justice of Peace
for the Fourth District on Feb. 12, 1835; Magistrate with
Captain George M. Gary for the Upper District, June 16,
1S37; Councillor of Assiniboia. Mar. 20, 1839; one of two
Sheriffs for Assiniboia, Mar. 20, 1839 ; ex-officio President
of Court in White Horse Plain District, Get. 16, 1850, and
again Nov. 27, 1851; member with four others of the Board
of Works for management of Roads and Bridges, Oct. 18,
1853. He was best known as Warden of the Plains.

REV. JOHN MACALLUM, M.A. — He attended for the first
time on June 13, 1836, and was present at twenty-five meet-
ings. In 1844 ordained by Bishop Mountain of Montreal, he
was given charge of the upper parish of St. John's. He was
appointed Councillor of Assiniboia on Mar. 2, 1836, and again,
Mar. 20, 1839 ; Coroner of Assiniboia, July 4, 1839 ; member
of the Committee of Economy, June 19, 1845. Red River
Academy, later St. John's College, founded by Rev. John West
rose to importance under him. He died in 1849.

CAPTAIN GEORGE MARCUS GARY. — He attended for the first
time on June 16, 183Y, and was present at fourteen meetings.
He was a half-pay officer sent out as chief manager to operate
an experimental farm. He was sworn in as Councillor of
Assiniboia on June 16, 1837; was appointed with Cuthbert
Grant as Magistrate for the Tipper District, June 16, 1837;
Councillor of Assiniboia, Mar. 20, 1839 ; member of the Board
of Works, June 19, 1844; member of the Committee of
Economy, June 19, 1845 ; member of the Committee of Fin-
ance, Feb. 19, 1847. He left the settlement in the Spring of
1847.

DUNCAN FINLAYSON. — See above under * Governors.9

ADAM THOM. — Adam Thorn was educated at King's
College, Aberdeen, and before coming to Canada was engaged
a* a schoolmaster in the north of Scotland. He practised law
at Montreal and became connected with The Herald as editorial
writer. During the stormy period of the rebellion he directed
its editorial policy and acquired a great influence as the lead-
ing advocate of the views of the British party in the Montreal
district. Thorn was suspicions of the Durham mission and

64 CANADIAN ARCHIVES

from the beginning severely criticised Lord Durham's policy.
His outstanding ability and the wide influence of his paper
made Thorn a dangerous antagonist and Durham annexed his
support. He was accordingly appointed one of the assistant
commissioners of inquiry into the municipal institutions of
Lower Canada. The report of this commission forms Appen-
dix C. to Lord Durham's Report. Thorn returned to Great
Britain with Lord Durham and his extensive local information
was of the greatest assistance in the final preparation of the
Report.

As Councillor of Assiniboia he attended for the first time
on June 13, 1839, and was present at twenty-five meetings.
He was appointed Councillor and Recorder of Rupert's Land
and Councillor of Assiniboia on Mar. 20, 1839 ; a member of
the Commission of Three to examine parties to written agree-
ments according to English principles of Equity, April 3,
1845; member of the Committee of Finance, Feb. 19, 1847;
member of the Committee of Economy and Board of
Works June 28, 1847. On Oct. 10, 1848, he moved to revive
the Beer Law of Feb. 19, 1847. In the spring of 1849 the
Canadian and Halfbreed population demanded his immediate
.removal from the settlement owing to his conduct of the trial
of William Thayer for illicitly trafficking in furs with the
natives. On May 31, 1849, he consented to address the Court
in both French and English. On May 1, 1851, his commission
s* Recorder and Councillor was revoked and he became Clerk
oi the Council and of the Court. On the same date he was
requested with two others to report on the state of the Law.
On Nov. 27, 1851, he read the report of the Law Amendment
Committee.

CHIEF FACTOR JOHN McLouGHLiN. — He attended once
on June 13, 1839. He had the rank of Chief Factor in the
Deed Roll of 1821. On May 29, 1822, he was appointed Coun-
cillor of the Governors of the Company's Territories, and on
Mar. 30, 1839, Councillor of Rupert's Land. He was Chief
Factor at Fort Vancouver. He died there in 1857.

CHIEF FACTOR JOHN ROWAND. — He attended for the first
time on June 13, 1839, and was present at three meetings. He
attained the rank of Chief Factor in 1825. An appointment
as Councillor of Rupert's Land bears date of Mar. 20, 1839.
He was Chief Factor at Fort Edmonton.

CHIEF FACTOR JAMES HARGRAVE. — He attended once on
June 13, 1839. For years he was in charge of York Factory.

PIONEER LEGISLATION 65

He became Chief Trader in 1833 and Chief Factor eleven
years later.

CHIEF FACTOR NICOL FINLAYSON. — He attended for the
first time on June 13, 1839, and was present at two meetings.
He became Chief Factor in 1845.

CHIEF FACTOR ALLAN MCDONNELL. — He attended for the
first time on July 4, 1839, and was present at two meetings.
His appointment as Councillor of Rupert's Land bears date of
Mar. 20, 1839. He had become Chief Factor in 1828.

CHIEF FACTOR JOHN PETER PRUDEN. — He attended for
the first time on July 3, 1843, and was present at twenty-one
meetings. He became Chief Factor in 1836. He was appoint-
ed Councillor of Assiniboia Mar. 20, 1839, and took the oath
July 3, 1843. He was appointed member of the Board of
Works, June 19, 1844, and became Chairman of the same
Board on June 28, 1847.

CHIEF FACTOR JOHN EDWARD HARRIOTT. — He attended
for the first time on May 20, 1847. He was appointed one of
four Sheriffs for Rupert's Land on Mar. 20, 1839. He became
Chief Factor in 1846. On Dec. 7, 1859, he presented his
commission as Councillor of Assiniboia.

CHIEF FACTOR JOHN BALLENDEN. — John Ballenden
attended the Council of Assiniboia for the first time on Sept.
20, 1848, as Councillor of Rupert's Land and was present at
six meetings. He attained the rank of Chief Factor in 1848.
In 1850 he was in charge at Fort Garry. Soon afterwards he
went to Fort Vancouver.

The BISHOP OF RUPERT'S LAND. — The Diocese of Rupert's
Land was established in 1849. In the same year Rev. David
Anderson was consecrated Bishop in the Cathedral at Canter-
bury. Bishop Anderson was born in London, England, Feb.
19, 1814. He received his education at Exeter College, Oxford.
On resigning his bishopric he was appointed Vicar of Clifton,
and later Chancellor of St. Paul's Cathedral, London. As
Bishop of Rupert's Land he was succeeded in 1864 by Bishop
Machray. Bishop Anderson attended the Council of Assini-
boia for the first time on Oct. 12, 1849, and Bishop Machray
took his oath as Councillor Jan. 4, 1866. Between them they
were present at 56 meetings. Bishop Machray became Arch-
bishop of Rupert's 'Land and first Primate of all Canada. He
died in 1904.

REV. JOHN SMITHURST. — He attended the Council for the
first time on Oct. 12, 1849, and was present at three meetings.
He came to Red River in 1839, to succeed Rev. D. T. Jones.
28159—5

66 CANADIAN ARCHIVES

REV. Louis LAFLECHE. — He attended for the first time on
Sept. 5, 1850, and was present at eleven meetings. In 1856
he was appointed to take the census of the Parish of St. IsTor-
bert. Later he became Bishop of Three Rivers. He died
July 14, 1898.

The BISHOP OF ST. BONIFACE. — As Bishop of St. Boni-
f&ce, Mgr. Provencher attended for the first time on Dec. 9,
1852. The diocese had been known successively as that of the
Bishop of Juliopolis in partibus, then of the North West,
and finally of St. Boniface. Bishop Tache took his seat as
Councillor on June 25, 1858. The Bishops of St. Boniface
were present at forty-eight meetings. Bishop Tache arrived
in. the settlement as a novice of the Oblate Order in 1845.
Five years later he became Bishop of Arath coadjutor to
Bishop Provencher. On the death of the latter in 1853 he
became Bishop of St. Boniface. He was absent in Rome when
the troubles associated, with the transfer of Rupert's Land to
the Dominion of Canada broke out at Red River. He was
intimately associated with the late history of Assiniboia and
the earlier history of Manitoba. He died in 1894.

DR. WILLIAM COWAN. — He attended for the first time on
Mar 29, 1853, and was present at thirty-four meetings. He
was appointed President of the Petty Court in the Upper Dis-
trict on July 13, 1852 ; was sworn in as Councillor of Assini-
boia, Mar. 29, 1853; was appointed Auditor of Public
Accounts, Mar. 29, 1853 ; member with four others of the
Board of Works for the management of roads and bridges,
Oct. 18, 1853 ; Chairman of the Board of Works Feb. 28, 1855.
He resigned as Chairman of the Board of Works Feb. 27, 1856.
He was appointed Auditor of Public Accounts on Aug. 17,
1863, and member of the Committee to mark out the public
roads of the settlement, Dec. 19, 1863. He served for some
time as Convener of the Roads and Ferry Committee. As
Hudson's Bay Company officer in charge of Ft. Garry in Oct.
1869, he endeavoured without success, to induce Louis Riel
and party to forego their opposition to the surveying operations
of Col. Dennis.

FRANQOIS BRUNEAU. — He attended for the first time on
Mar. 29, 1853, and was present at forty-one meetings. On July
3, 1843, he petitioned for a distillery and a reduction in the
number of the police. He was appointed Magistrate with four
others in the Upper District on Oct. 16, 1850, and Petty
Judge on Nov. 27, 1851. On Mar. 29, 1853, he was sworn in

PIONEER LEGISLATION 67

as Councillor of Assiniboia. He was appointed with four
others member of the Board of Works for the management of
roads and bridges on Oct. 18, 1853 ; President of the Petty
Court of the White Horse Plain District at £12 annually,
Aug. 3, 1854; Collector of 4 per cent import duties on goods
imported from United States into Parishes of St. Boniface
and St. F. Xavier, July 19, 1855 ; census taker for St. Boni-
face in 1856. On Sept. 4, 1860, he resigned as President of the
White Horse Plain District local court and also as a member of
the Middle District local court, but at request of the Governor
and Council he withdrew his resignation as President of the
local court of the White Horse Plain District. On the same
date his salary as member of the Middle District local court
was fixed at £10. He was appointed one of the Com-
mittee of Three to arrange the local laws of the District of
Assiniboia on Mar. 13, 1862 ; Superintendent of Public Works
for the Upper Section with salary of £25 and President
Petty Judge of the First Section, April 11, 1862 ; road super-
intendent of the Upper Section, April 9, 1863, and member
of the Committee to mark out the public roads of the settle-
ment, Dec. 19, 1863. Mr. Bruneau was a halfbreed. He had
been a member of the Committee organized by Louis Kiel, Sr.
to secure the acquittal of Sayer and liberty to trade. When
he died of fever in the summer of 1865 Judge Black, Acting
Governor, spoke of him before the Council in the following
terms, — " As a Councillor he was a true and faithful repre-
sentative of that large section of the settlement with which he
was more immediately connected; arid, as a Magistrate his
efficiency and usefulness were well known to all. To the dis-
charge of his magisterial duties he brought an upright and
conscientious mind, and a judgment far beyond the average
for penetration and soundness. In his public conduct he knew
L.O distinction of class or creed; by all alike his impartiality
was confided in; and Mr. Bruneau was so constituted that it
was only part of his nature to blend mercv with judgment."

WILLIAM Ross. — He attended for the first time on Nov.
29, 1853, and was present at seven meetings. He was appoint-
ed magistrate with four others for the Upper District on Oct.
1C, 1850 ; assistant sheriff with Cuthbert Grant, May 1, 1851 ;
Governor of the gaol, June 1, 1851 ; Petty Judge of the Upper
District !N~ov. 27, 1851. He was sworn in as Councillor of
A&siniboia, Mar. 29, 1853. He was appointed Auditor of
Public Accounts on Mar. 29, 1853 ; member with four others

28159— 5£

68 CANADIAN ABCHIVES

of the Board of Works for the management of roads and
bridges, Oct. 18, 1853; Postmaster at £5, later at £6, Feb.

28, 1855 ; and President of the Board of Works on Feb. 27,
1856. He belonged to the Presbyterian Congregation at Frog
Plain. He died in 1856.

ROBEKT McBEATH. — He attended for the first time on
Mar. 29, 1853, and was present at sixty meetings. He was
sworn in as Councillor of Assiniboia on Mar. 29, 1853,
being the first of the Selkirk colonists to attain that dignity, was
appointed with four others memuer of a Committee to regulate
the importation of spirituous liquors, Mar. 10, 1859; and
member of the Committee to mark out the public roads of the
settlement, Dec. 19, 1863. He belonged to the Presbyterian
Congregation at Frog Plain.

THOMAS SINCLAIR. — He attended for the first time on
Mar. 29, 1853, and was present at forty-five meetings. He was
sworn in as Councillor of Assiniboia on Mar. 29, 1853. He
was appointed with four others a member of the Board of
Works for the management of roads and bridges on Oct. 18,
1853 ; census taker with Mr. Gunn for the Parish of St.
Andrews in 1856; President of the Lower District Petty Court
in place of Thomas Thomas, deceased, Mar. 10, 1859 ; member
of the Committee of Three to collect and arrange the local
laws of Assiniboia, Mar. 13, 1862 ; Superintendent of Public
Works in the Lower Section, April 11, 1862 ; President Petty
Judge of the Second Section with salary of £8 April 11,
1862; Road Superintendent of Lower Section, with salary of
£25, April 9, 1863; Auditor of Public Accounts, Aug.
17, 1863; and member of Committee to mark out the public
roads of the settlement, Dec. 19, 1863. It was in his house
in the parish of St. Andrews that a meeting of settlers was
held in October, 1869, and the question of allowing Lieutenant
Governor McDougall to enter the country was discussed. He
died in March, 1870.

THOMAS THOMAS. — He attended for the first time on Mar.

29, 1853, and was present at seven meetings. He was the son
of Chief Factor Thomas Thomas. He was educated in Eng-
land . He studied but did not graduate in medicine. He was
ex officio President of Court in the Lower District on Oct. 16,
1850, and again, ISTov. 27, 1851 ; was sworn in as Councillor
of Assiniboia Mar. 29, 1853 ; was appointed Auditor of Public
Accounts, Mar. 29, 1853. He died in 1859.

FRANCIS GOODSCHALL JOHNSON, Q.C. — See above under
' Governors?

PIONEER LEGISLATION 69

MAJOR SEATON. — He attended for the first time on June
25, 1857, and was present at two meetings.

JOHN INKSTER. — He attended for the first time on June
25, 1857, and was present at fifty-four meetings. He was
appointed magistrate with two others in the Lower District on
Oct. 16, 1850; Petty Judge of Lower District, Nov. 27/1851;
a member with four others of a Committee to draft a system
of laws to regulate the importation of spirituous liquors, Mar.
10, 1859 ; Petty Judge of Second Section with salary of £5,
April 11, 1862; Auditor of Public Accounts, Aug. 17,
1863; member of Committee to mark out the public roads of
the settlement, Dec. 19, 1863. He resigned as magistrate of
the Lower Petty Court on Oct. 1-9, 1868.

HENRY FISHER. — He attended for the first time on June
25, 1857, and was present at forty meetings. He was appointed
member of the Board of Works on June 23, 1858. On August
3, 1865, he succeeded Mr. F. Bruneau as road and ferry super-
intendent with salary of £25.

PASCAL BRELAND. — He attended for the first time on Sept.
19, 1857, and was present at twenty-two meetings. A half-
breed, he was member of the Committee formed in 1849 by
Louis Kiel, Sr., to secure free trade in furs. He was appointed
magistrate of the White Horse Plain District on Oct. 16,
1850; Petty Judge of the same, Nov. 27, 1851; census taker
of the Parish of St. F. Xavier, in 1856 ; member of the Board
of Works, May 27, 1856. He was admitted Councillor of
Assiniboia on Sept. 19, 1857. He was appointed Petty Magis-
trate for the local court of White Horse Plain District, Nov. 5,
1861, and President of the White Horse Plain Petty Court
at a salary of £8, Aug. 3, 1863. He later became a member
of the Legislative Assembly of Manitoba and of both the
smaller and larger Councils of the North West Territories. He
vas afterwards merchant at Cypress Hills.

SALOMON HAMLIN. — He was a Roman Catholic halfbreed,
born at Eed River in 1810. Other variations of his name are,
Hemlin, Emlin, Amlin and Hamelin. He attended for the
first time on Sept. 19, 1857, and was present at thirty-two meet-
ings. He was admitted Councillor of Assiniboia on Sept. 19,
1857. He was appointed with four others a member of the
Committee to draft a system of laws to regulate the importa-
tion of spirituous liquors on Mar. 10, 1859 ; one of the Magis-
trates of the Middle District, 1861 ; and Petty Judge of the

70 CANADIAN ARCHIVES

Third Section with salary of £5 on April 11, 1862. ^ He later
became a member of the Legislative Council of Manitoba.

MAXIMILIEN GENTON. — A Roman Catholic, he was born
iu Canada in 1790. He attended for the first time on Sept.
19, 1857, and was present at forty-one meetings. On July 3,
1843, he petitioned for a distillery and a reduction in the
number of police. He was appointed magistrate with four
others in the Upper District on Oct. 16, 1850, and Petty Judge
Nov. 27, 1851. He was admitted as member of the Council
of Assiniboia on Sept. 19, 1857. He resigned from the Middle
District Local Court on Sept. 4, 1860.

WILLIAM MACTAVISH. — See above under ' Governors.'

JOHN DBASE. — He attended for the first time on Mar. 5,
1861, and was present at four meetings.

ALEXANDER GRANT DALLAS. — See above under ' Gover-
nors/

CHIEF FACTOR JAMES E. CLARE. — He attended for the
first time on Jan. 4, 1866, and was present at five meetings.
He had become Chief Factor in 1862 and was for some time
in charge of York Factory. He succeeded Governor Mac-
tavish in the charge of the Company's District of Red River,
in 1864. He was appointed Auditor of Public Accounts on
Feb. 22, 1866. He died a year later.

ROGER GOULET. — He attended for the first time on Jan. 4,
1866, and was present at ten meetings. He was a halfbreed.
On May 27, 1856, he was appointed surveyor for that part of
the settlement situated to the south of the Red and Assiniboine
Rivers. He was appointed Collector of Customs Duties at
Upper Fort Garry on April 9, 1861, and took his oath as Coun-
cillor of Assiniboia on Jan. 4, 1866. He was chosen Collector
of Customs in the Provisional Government of Feb., 1870. He
was later appointed a Commissioner to settle the claims of the
halfbreeds in the rising of 1885. He died Mar. 25, 1902.

ANDREW GRAHAM BALLENDEN BANNATYNE. — He was born
in the Orkney Islands in 1829. His ancestors had been Gov-
ernors of Districts in the service of the Hudson's Bay Com-
pany. He himself came to the country in 1846. He served
at Norway House under Andrew McDermot whose daughter
he married. In 1851 he went into business for himself. He
was appointed Petty Magistrate of the Middle District on Nov.
5, 1861; Petty Judge of the Third Section with salary of £5
April 11, 1862; Postmaster, Nov. 25, 1862; President of the
Petty Court, Middle District with salary of £16, Aug. 3, 1865.

. PIONEEE LEGISLATION Tl

He attended for the first time as Councillor of Assiniboia,
Jan. 23, 1868, and was present at twelve meetings. He was
nominated Postmaster General in the second Provisional Gov-
ernment of Feb. 9, 1870. He was postmaster of Fort Garry
and Inspector of Post Offices for Manitoba till 1874. He was
a member of the North West Council. In 1875 he was elected
to the House of Commons as member for Provencher on the
expulsion of Louis Riel, after having unsuccessfully contested
Selkirk in 1874. He was Vice Patron of the Selkirk Rifle
Association; President of the Selkirk St. Andrew's Society;
Chairman of the Board of Management of Manitoba College.
He was a brother-in-law to Governor Mactavish. He died May
18, 1889.

J. CURTIS BIRD, M.D. — He attended for the first time on
Jan. 23, 1868, and was present at nine meetings. Governor
Mactavish appointed him Coroner for the District of Assiniboia
in 1861. He took the oath as Councillor of Assiniboia, Jan.
23, 1868. He was appointed Coroner in the Provisional Gove^rn-
ment of Feb., 1870, to which he had been elected as member
for St. Paul's. He was elected for St. Paul's in the first
Provincial Legislature of Manitoba, and became Speaker in
Feb. 1873. He died in England in 1876.

JAMES McKAY. — He attended for the first time on Jan.
23, 1868, and was present at eight meetings. A native of Red
River Settlement he was Sir George Simpson's special voyageur
en the old Crow Wing Trail. He was President of the White
Horse Plain District Court. He became a member of the
North West Council, was President of the Executive Council
in the first Provincial Cabinet, Speaker of the first Legislative
Council and later Minister of Agriculture in the Province of
Manitoba. He assisted in negotiating Indian Treaties Nos.
1, 2, 3, 5, 6. The Earl of Southesk describes him in his
Saskatchewan and the Rocky Mountains (pp. 8, 9, et passim).
See Minutes of the North West Council.

THOMAS BUNN. — He attended for the first time on Jan. 23,
1868, and was present at five meetings. On Dec. 17, 1868,
ho succeeded W. R. Smith as Executive officer with a salary
of £100. He was a member of the Committee which drew up
the Bill of Rights in Jan. 1870. He was appointed Secretary
of State in the Provisional Government of Feb. 1870, to which
hf had been elected as member for St. Clements. He was
Clerk of the Court for the first Quarterly Court held in
Winnipeg.

72 CANADIAN ARCHIVES

WILLIAM FEASEE. — The son of James Eraser, a Selkirk
colonist, he was born in Manitoba, 1831. He attended for the
first time on Jan. 23, 1868, and was present at eleven meetings.
On April 9, 1863, he was appointed road superintendent of the
Middle Section at a salary of £15. He became a member of
the North West Council at Fort Garry. He belonged to the
Presbyterian Congregation at Frog Plain.

JOHN SUTHEELAND. — A native of Scotland he was born in
1807. He attended for the first time on Jan. 23, 1868 and
was present at twelve meetings. He represented Kildonan as
English representative in the Convention of 1869-70. He was
chosen Collector of Customs by the Provisional Government of
Feb., 1870. He became first Sheriff of Manitoba. On Dec.
13, 1871, he was appointed Senator with Hon. M. A. Girard.
He belonged to the Presbyterian Congregation at Frog Plain.
He lived at " Bellevue House," Kildonan.

WILLIAM DBASE. — The son of John W. Dease, he was born
at Eed River in 1826. He attended for the first time on Jan.
23, "1868, and was present at nine meetings. He was appointed
Judge of the Petty Court of the Upper District on Dec. 9,
1852; member of the Board of Works, May 27, 1856; one of
the Petty Judges of the Upper District, Dec. 9, 1858 ; Collector
of customs duties at Pointe Coupee, April 9, 1861. He took
the oath as Councillor of Assiniboia on Jan. 23, 1868. A
French halfbreed, he was the chief French lay member of the
Council during its last days. As leader of the French loyal-
ists, he was appointed a member of the Committee sent to
induce the French who wished to intercept Hon. Mr. Mc-
Dougall, to disperse. He lived at St. Norbert. .

WILLIAM INKSTEE. — He attended for the first time on
Jan. 23, 1868, and was present at three meetings. He had an
appointment as Public Surveyor commencing June 1, 1855,
and as census taker in the Parish of St. John's, in 1856. He
was a brother of Sheriff Colin Inkster.

MAGNUS BEESTON. — Was a Roman Catholic halfbreed born
in the Northwest in 1828. He lived in the Parish of St.
Francis Xavier. He attended for the first time on Aug. 6,
1868, and was present at three meetings. He was chosen
French representative for St. Paul's for the Convention of
1869-70.

THE WOEK OF THE COUNCIL.

The chief achievement of the Council of Assiniboia was to
frame legislation and to devise institutions suited to a prairie

PIONEER LEGISLATION 73

colony only temporarily provided with a military garrison, at
times threatened by natives, always isolated and always under
the patriarchal supervision of a company interested in trade
rather than in colonisation or settlement.

To appreciate the work of the Council it is essential to
remember the difference in the size of the colony between the
Selkirk and the Company periods. During the first years of
the colony's existence untoward experiences kept the popula-
tion practically at a standstill, about two hundred. By 1822
the number of men had become 234, the women 161, the boys
and girls, each 443.(1) By 1831 the total had reached 2,417.
The growth of the settlement is indicated in the following
summary of Census Statistics, based on a study of Census
Books in Ottawa and Winnipeg.

1 Dominion Archives, Selkirk Papers XXIV, 7673.

CANADIAN ARCHIVES

ro 05 o co co o »o
£ 3 53 & M 3 *

05 rH t- JO

os t^ t» co

rH CO CO ^

rH ^ rH rH

. • t>- tr C5 OO

: : : : : 9 S S a

CO t^ rH !>.
t-. rH »— I C<I

00 OO C^-l t>»

•SAVOQ °3

id
OO

•898JOH

O rH
!>• rH

rH (M

•sasnojj

w I

co »o oo

<N O t^

•9T 9Aoqy

§ 3 % $

PIONEER LEGISLATION 75

During the Selkirk period the life of the community de-
pended more entirely than later, upon the Governor in charge.
He stood as agent for Selkirk, as depositary of the jurisdiction
of the Company. He received his appointment from the form-
er, his commission from the latter. He was expected to en-
courage the practice of military evolutions, including firing at
a target, and to maintain if not the forms, at least the force,
of military service. Every precaution was taken that no
accident should leave the colony without some one in charge.
Selkirk even left to Miles Macdonell's discretion the appoint-
ment of his second in command. The appointments of both
" Governor and Councillor were in general made directly by
Lord Selkirk. In the case of Councillors, exceptions were some
times made. Miles Macdonell on more than one occasion
appointed his own. On Sept. 5, 1815, Semple made appoint-
ments in his own name but reported at once to Selkirk — " You .
will do me the justice to believe that I have acted thus only
from a conviction of it being necessary."(1)

On the arrival of the first band of colonists the need of some
form of judicature was at once felt Miles Macdonell wrote
with urgent insistance, for some coercive force, a Royal Com-
mission which would enable him to establish martial law, or
a company of 50 men. Selkirk rejected the proposition of
military government. The Canada Act (43 Geo. III.)
which gave the courts of the Canadas criminal jurisdiction
over the Indian Territories, was held not to be applicable.
Eecourse was had to the Hudson's Bay Company's Charter.
The Deed of the District of Assiniboia to Selkirk had reserved
to the Company " all rights of jurisdiction." For this reason
a commission from the Company was given to the Governor
appointed by Selkirk. The Governor of Assiniboia could thus
claim the rights of jurisdiction with the Company's Charter
gave to the Company's Governors. " The Governor and his
Council," said that charter, "of the several and respective
places where the said Company shall have Plantations, Forts,
Factories, Colonies, or Places of Trade within any of the
Countries, Lands or Territories hereby granted, may have
Power to judge all Persons belonging to the said Governor and
Company, or that shall live under them, in all Causes, whether
Civil or Criminal, according to the Laws of this Kingdom, and
to execute Justice accordingly." The Governor could act as

1 Dominion Archives, Selkirk Papers, 18568.

76 CANADIAN ARCHIVES

Judge. But to do this correctly, he must act with his Council,
and deal with offences according to the law of England. (1)

The first Council of Assiniboia was appointed to safeguard
the judicial functions of the Governors. It was not so much a
Council of Assiniboia, as the Council of the Governor in
Assiniboia, not so much a legislative or administrative body as
a judicial tribunal. The Governor even modelled the commis-
sions of the Councillors after the form of his own Commission.

In judicial proceedings it was regarded as sufficient to have
one Councillor attend with the Governor, though it was thought
better to have more present in more important cases. The
appointment of constables was required to be made in Council.
But the Council was simply to insure the proper legal environ-
ment for the Governor. As Miles Macdonell wrote to William
Auld, " A Council is indispensably necessary to fill up the letter
of the law." He might summon it or any member of it at his
discretion to consult with him upon matters not judicial. He
was, however, in no way bound to act upon the judgment of his
Councillors. They had simply the right to register their dis-
sent in the minutes of the Council. Selkirk himself seems to
have formed a high estimate of the importance of a Council.
" The advantages," he wrote to Macdonell, " of discussion and
comparison of different opinions are so great that, on general
principles, I wish that all important questions should be con-
sidered in Council. In this case, however, as in Councils of
War, the persons who are called in are to be considered merely
as advisers, and after hearing their opinions it rests with you
alone to decide."

The primary function of a Councillor, was not to advise,
nor to assist in the management or government of the colony.
It was to act as an assessor in judicial matters. This is the
view embodied in the resolutions passed at the General Court of
the Hudson's Bay Company, May 19, 1815, "for the more
effectual administration of justice." The Governor of Assini-
boia with anv two members of his Council might " form a
council for the administration of justice and the exercise of
the power vested in them by charter."(2) For this reason we
Lave not placed McLean's name among the Councillors. Mac-
donell reported, — " I found that Mr. McLean had been very

1 The Governor was exhorted to adhere as closely as possible to the
essential principles of the law of England and in critical cases to refer
the verdict and sentence to the Home Government.

This was to be suspended when the Governor in Chief of the Com-
pany's Territories was present.

PIONEEB LEGISLATION 77

careful of his charge during my absence and had conducted
matters to my entire satisfaction in forwarding the business
entrusted to him."( To share in the management of the colony
is not sufficient. To be a Councillor one must be appointed to
fchare in the administration of justice.

In the suggestions which Selkirk made regarding judicial
arrangements in 1818, he outlined a scheme to reduce the
number of jurymen and to select the jury without suspicion of
partiality. He urges the encouragement of arbitration. Where
this fails the procedure is practically that recommended in the
the case of the Council. " Four or five of the principal persons
belonging to the settlement should meet in the manner of
Justices of Peace.'' These " four or five of the principal per-
sons " mentioned by Selkirk correspond roughly to the Council.
In our search for Councillors during the rule of Alexander
McDonell, we have been unable to find any to whom we can
with certainty assign the rank of Councillors at this time. If
it were the case that at the time no one held a commission as
Councillor to the Governor of Assiniboia we should have an
explanation of Selkirk's remark that such a tribunal as this
would have no legal authority to enforce its decisions, and
could only hold over the guilty the threat that he would be sent
to Coventry.

The Selkirk Papers contain exhaustive memoranda for the
guidance of the Governor or Agent. None have been drawn up
for the guidance of Councillors. There was need, for with the
Governorship of Andrew Bulger the Council assumed larger
functions. The resolutions of the General Court, May 29,
1822, gave the Governor power to enroll and arm inhabitants
of military age and to take necessary measures for the proper
regulation and discipline of this force. Andrew Colvile's
letter to Bulger, May 31, 1822, made this power contingent on
the sanction of the Council. " You may with the sanction of
the Council, call out any number of the population that you
may think necessary." This was a larger power than the
Council had hitherto enjoyed. The Minutes of Councils further
indicate the growing custom to consult the Council on extra-
judicial matters, e.g., the sending of an express to London, the
departure of Swiss settlers, the relations between the Governor
and the principal representative in the District of the Hudson's
Bay Company. On July 8, 1823, the Council con-
ducted a judicial examination even without the Governor.

1 Dominion Archives, Selkirk Papers, LXIII, 17077.

78 C^ADIAN ARCHIVES

A suggestion was made by George Simpson on Sept. 8, 1823,
that, along with the other principal inhabitants of the settle-
ment, the Councillors should be enrolled as special constables.

Mr. Kempt obtained from his Councillors their opinions in
writing as to the advisability of disposing of cows brought to
the settlement. George Simpson was inclined to criticise, not
only the personnel of the Council, but also the nature of the
sessions. It i& a savage indictment he brings against Felly's
Councillors : McDonell is " disaffected," Thomas " timid," Cook
" drunken," Pritchard " frothy," Matthey " designing/' and
Logan " associated with McDonell's speculations." Mr. Jones
alone is spoken of as well disposed, and he lacks experience.
He would have regular and stately sessions at Fort Douglas.
" The more form that is observed the greater weight it will
have." He will absent himself lest he should dwarf the im-
portance of Governor Pelly. His letter of Sept. 8, 1823, shows
that he detected the real weakness of the Council. He fore-
shadows the reorganization that came a dozen years later, — the
bestowal of a more representative character. " I think it would
be well to add the Chief Factor of the District for the time
being and the Catholic Bishop to the list of Councillors."

From the time of Bulger and Pelly two distinct tendencies
can be detected. The Council began to assume administrative
and legislative functions. It began also to divest itself of
judicial functions. In the former it was entirely successful;
in the latter, only partly so. The net result was to leave the
Council not less a judicial tribunal than an executive and
legislative body.

The Minutes of the Council of May 4, 1832, show the
Council launched upon a career of legislative activity. It
adopts regulations .concerning pigs iand stallions allowed to
range at large, fires, statute labour for the improvement of roads
and bridges, public fairs and the taking of horses from their
grazing grounds.

With the passing of the District back to the Company,
though there was no gift of the privilege of self-government,
yet a larger interest in the affairs of the settlement was reflected
not only, in George Simpson's declaration at the first meeting
of the reorganized Council on Feb. 12, 1835, that the time had
now come to put the administration of justice on a more firm and
regular footing, but also in the more representative membership
cf the Council itself. Besides Governor Simpson in that
Couhcil, were one Bishop, two other clergymen, one doctor, one

PIONEER LEGISLATION

sheriff, one merchant and eight others heavily interested in the
fur trade.

In forming a just conception of the work of the Council
during the period 1835-69 the Minutes of Council constitute
by far the most important source. But it is essential to secure
[he proper background, social and economic. And for this
the evidence of highest value comes from three chief sources,
the collection of 111 documents in the Provincial Library,
Winnipeg, the General Quarterly Court Records and the files
of the Nor Wester.

The fugitive documents afford many a glimpse at current
prices, existing wages, the cost of such articles as stationery,
sealing wax, grease, cotton wick, vinegar, pemmican, sugar,
wine, lime juice, gun-powder, ball, buffalo robes, etc. Numerous
details are given regarding the equipment of gaols, constables'
fees, import duties, the work done by the Board of Works and
^the Committee of Economy, the construction of roads and
bridges, the cost of marriage licenses, freightage, beer licenses,
public library matters and procedure in public business. We
are able at times to ascertain the amount of public funds on
hand(1) and it is possible from a comparison of various docu-
ments to draw up a statement of money to the credit of the
District of Assiniboia at Hudson's Bay House for a period of
years, —

Date.

Number of
Winnipeg
Documents.

Amount.

June

1 1842.

£
476

s.
4

d.
10

1 1843

490

1 1844

431

6, 1845

442

5 1846.

164

1, 1847

130

1, 1848.

134

Mav

31 1849

138

J.TO.CTJ

June

7, 1850

143

1, 1851.

148

4 18r»2

153

1, 1854

162

9, 1855.

167

13 1856. ....

172

12, 1857

179

11, 1858 ,

186

1 For example

'/Jnnel

1847-June 1, 1848- £450, 15,
184g «* 184g £221, 19,

80 CANADIAN ARCHIVES

The records of the General Quarterly Court reveal the
social habits of the people and indicate the names of those upon
whom the responsibility for law and order in the community
most heavily fell. The relations with domestic help, the occa-
sional boisterous times at weddings, the crying out of lost oxen
at the church doors, regulations of the buffalo hunt, drinking
habits, all stand discovered in the records of the court. The
cases tried cover every species of offence, — adultery, libel,
theft, escape from custody, assault, murder, leaving hole in the
ice, supplying Indians and halfbreeds with beer and whisky,
deserting employer's service, worrying of lambs by dog, at-
tempted rape, trespassing, cutting down and carrying off wood,
setting fire to the plains, seduction, breach of promise, viola-
tion of trade, restrictions in furs, defamatory conspiracy, per-
jury, appeals from Petty Courts, concealing birth of child,
breach of contract, opening packages en route from York
Factory, selling spirits on Sunday, breach of revenue laws,
attempting abortion.

There were during the years covered by the records of the
General Quarterly Court only 25 members. They were lead-
ing members of the community and, with two or three excep-
tions, Councillors of Assiniboia. We give herewith their
names, and the number of sessions they attended, —

Alexander Christie 17

Adam Thorn 22

James Bird

Alexander Ross 26

George M. Gary 11

John Bunn 56

Cuthbert Grant 32

Major Caldwell 23

Andrew McDermot 5

J. P. Pruden 3

Eden Colvile 6

John Black 12

William Ross 14

Dr. Cowan 11

Thomas Thomas 15

Francois Bruneau 35

Robert McBeath 38

Thomas Sinclair 29

F. G. Johnson 8

John Inkster 1

William MacTavish 16

Pascal Breland 4

Henry McKenny 3

Roarer Goulet 4

James R. Clare 1

The Nor Wester, the pioneer newspaper of Ked River,
founded by William Buckingham and William Coldwell made
its first appearance on Dec. 28, 1859. It consisted of 4 pa^es
of 5 columns. The lengthy prospectus published in the first

PIONEER LEGISLATION 81

number took for its text the country watered by the Red,
Assiniboine and Saskatchewan Rivers. The declared aim of
the Nor' Wester was to stimulate the industrial life of the
settlement and to assist in the work of governmental organiza-
tion. It is a curious commentary on the state of the country
in the late fifties, that most of the advertisements of the first
number of the Nor Wester came from St. Paul. This paper
constitutes a mine of information for the closing decade of the
history of the Council of Assiniboia. It reports the proceed-
ings of the courts, gives agricultural and commercial intel-
ligence, publishes the regulations of the Red River Post Office^
gives in full Bishop Anderson's charge to the clergy of Rupert's
Land and editorials on the progress of the settlement.

What especially characterized the Nor' Wester was the
consistency with which it protested against the Council of
Assiniboia as a form of government. We quote an extract of
an editorial of April 28, 1860, entitled " The Political Con-
dition of this Country :"(1)

" The people of this settlement have expressed their feel-
ings twice on the subject of their political condition, — first, in
the spring of 1857, when they petitioned the British and Cana-
dian Parliaments for annexation to Canada; then during the
winter of 1858-9 when another petition was adopted for a
Crown Colony. Though differing in their objects, these peti-
tions agree in setting down the present system as unsatisfactory.
We are far from saying that they imply hostility to the Hud-
son's Bay Company in the offensive sense in which thoughtless
zealots use that expression. There may be some who cherish
pique against the Company because that body, in carrying out
their rules strictly, thwarted the fur trading schemes of these
malcontents; but they must be few in number, especially as
the Company have for many years past ceased to offer active
opposition to anybody desirous of dealing in furs. There may
be also a few opposed to the Company on principle — feeling
that a monopoly of such pretensions is incompatible with the
development and advancement of the country. But these apart,
we are bound to say that the feeling in this settlement is favour-
able to the Company regarded merely as a commercial body,
The dissatisfaction implied in the Detitions above mentioned
applies to them in their capacity as a Government. They are

1 See also copy of Instructions to the Delegates from the Eed River Settle-
ment, 1847. Return to an Address of the House of Commons, February
9, 1849. p. 48.
28159—6

82 CANADIAN ARCHIVES

professedly a " money-making corporation " and so long as
their operations are confined to amassing wealth, and they use
lawful means in doing so, well and good ; but it is too much to
expect that they should be a genuine money-making company
and an unbiassed and impartial government at the same time.
The two things are inconsistent. While, therefore, we repudi-
ate senseless hostility to the Hudson's Bay Company, we must
also frankly say that their government is not adapted to the
changed aspect of things. We say this from a loftier stand-
point than that of the peddling partisan, — we say it because
the welfare of this Colony demands it."

"There is a feeling of dissatisfaction in this Settlement
with our local legislature. It is directed not so much against
the Councillors for not doing their duty, as against the con-
stitution of the Council, which is so framed as to fetter free
action on the part of the members. Our tariff is absurd and
antiquated, and the method of collecting the customs duties
equally unsatisfactory. There is also a want of proper control
over the public funds. In regard to matters such as these, the
Council is passive and helpless, — it looks on and cannot or will
not interfere. The people have no means of redress, as the
Councillors receive their commissions direct from the Hudson's
Bay House, London, and do not depend on the suffrages of the
taxpayers for their seats. The privilege to petition is the
extent of the people's influence in the Council ; if their request
is granted, well ; if not, they have just to acquiesce. The Red
Eiver Council ought to be elective, and its discussions ought
to be open to the public. The people have a right to claim this
much, and we shall certainly support them in doing so. In-
view of a large immigration, nothing is more called for than
a strong and vigorous government, — a government in which the
people are heartily interested and which is free from the
suspicion of being biassed and self-interested."

We have already seen that the Council, which was at once
a judicial tribunal and a legislative body, was not directly
responsible to the community whose interests it was expected
to regard and foster. It did, however, enact a great
variety of measures that sought to promote the public welfare
in relation to fires, animals, horse taking, hay, roads, intoxicat-
ing of Indians, liquor laws, customs duties, police, debtors,
intestate estates, marriage licenses, contracts for service,
surveyors, postal facilities, premium on wolves, administration
of justice and other matters of general concern. To carry out

PIONEEB -LKGIB:LATION 83

its resolutions, the Council organized a Board of Works, a
Committee of Economy, a volunteer corps, legal and judicial
machinery, a tariff system and postal facilities. It appointed
public officials and erected the necessary buildings. It super-
vised the whole social life of the settlement, imposing duties
and restrictions on the sale and importation of liquors, super-
intending the building of roads, the issue of marriage licenses
and the encouragement of native industries.

The public tranquillity of the settlement was so greatly
endangered by the sale and traffic of liquor to the Indians that
in 1836 the Council resolved to prohibit entirely this trade and
to inflict a fine of 20 shillings for every infringement of this
regulation. A year later one half of the penalty levied was
promised to informants. A graduated system of punishment
was adopted in 1840 for any person "other than an ordained
clergyman or licensed physician, surgeon or apothecary or the
representatives of the Honourable The Hudson's Bay Com-
pany " who might be instrumental in giving, selling, lending or
bartering beer or any intoxicating liquor to any Indian. Owing
to the interested reluctance of the Indians themselves and a
" mistaken delicacy " on the part of the settlers, it was found
difficult to secure information that would lead to conviction.
It was found necessary to proceed to severe measures in 1845.
Those wh6 engaged in the trading of liquor were rendered
liable to the restitution of the whole equivalent. The Indian
was threatened with incarceration " if he was not in liquor,
for one calendar month ; or if he was in liquor, until he prose-
cuted the party guilty of furnishing the means of intoxication."

For a short time a military detachment was maintained in
the settlement. This was removed, not only against the wishes,
but against the earnest remonstrances of the settlers, the
Council of Assiniboia and the Hudson's Bay Company. In
1862 the Sioux, who had been guilty of outrages and massacres
in Minnesota, threatened the settlement. The settlers were
eager to form a local militia for their defence. The Council
passed a resolution, which was embodied in a popular petition
to the Home Government asking for military protection. The
Indians gathered at the village of St. Joseph and large addi-
tions to their number came from western tribes. They were
armed with the best long range rifles, revolving pistols and
double barrelled guns. When Governor Dallas visited them
in Dec., 1863, at their principal camp near Sturgeon Creek,
he found them in a state of the utmost destitution, in respect of

28159— 6£

84: CANADIAN ARCHIVES

both food and clothing. He offered a sufficient quantity of
provisions to carry them to a safe distance from the settlement,
at least as far as the Turtle Mountains. When the Indians
refused to proceed heyond White Horse Plain, the provisions
were stored with the Company's local agent. The Sioux were
constantly warned to keep away from the settlement. In 1866
apprehension was again caused when a band of Red' Lake
Indians attacked them close to Fort Garry. Retaliation was
feared. Acting Governor Black was authorized to raise a body
of from fifty tto one hundred mounted armed men to meet any
emergency. In the following spring a small local force was
advocated, not only to protect the settlement from Indian in-
roads but to punish Indian depredations upon the cattle and
other property of the settlers. The Council, however, con-
fined itself to authorising a small addition to the strength of
the existing constabulary force. When serious danger again
threatened the community, it did not come from the Indians,
but was associated with the circumstances of the transfer of
the settlement from the Company to the Dominion. And the
leading spirit was the son of that Louis Riel, the miller, who
in 1849 had voiced the sentiments of the French Canadians
against the too arbitrary rule of the Company.

The Board of Public Works.™

The first session of the new Council of 1835, provided, not
only foo* a customs tariff, the erection of a court house and gaol,
the establishment of a volunteer corps, and the formation of
judicial districts, but also for a Board of Public Works ; and
Governor Simpson had been able to announce that the Fur
Trade, pursuant to a resolution of the Council of Rupert's
Land, had granted £300 in aid of the work of the new board. A
new organization of the board took place in 1853. Its work lay
chiefly in the construction of roads and bridges, surveying,
the operation of ferries, and other public improvements. After
ascertaining the number of bridges or extent of road to be con-
structed, the Board advertised for tenders by posting notices
on all the church doors. Bids were received, and contracts
entered into for the delivery of wood on the spot where the
bridge was required, at some such price as two shillings and
three pence per piece of twenty feet. Fortunately there has
been preserved a schedule of the work done by the Board during

1 The Winnipeg Documents constitute an invaluable source of informa-
tion for the, activity of this Board.

PIONEEB LEGISLATION

the year 1854. This shows how ably the Board managed tae
puhlic improvements of the district on very narrow appro-
priation. The roads and bridge® were under the direct
supervision of the Surveyor and Superintendent of Works.
He took care that the main highways were properly £ag-
gotted and of the prescribed width of two chains, and
that existing regulations were observed. These sought
to prevent obstructions, " stones or timber or unyoked
vehicles," from being left on the highway and to compel
all who cut holes in the ice of either river or any creek to keep
fixed a pole of at least six feet above the surface.

For some time the roads of the district were divided into
four sections with proper supervision. In 1867 the following
were appointed superintendents of the ten sections that were
then created : —

Superintendent .

Salary.

Section.

1. Patrice Breland

£10

From the Sturgeon Creek upwards on

2. James McKay

3. John Eraser
4. Thomas Sinclair . .
5. Donald Gunn

None.

£10
£10
£10
£ 5

both sides of the Assiniboine and from
the Forks upwards on the south side.
From the Sturgeon Creek (including the
bridge) down to the upper end of
Boss & bridge, west side of river.
From the upper end of Boss's bridge
down to St. Paul's church, west side.
From St. Paul"® church, west side, to
St. Andrew's church, west side.
From St. Andrew's church to St.
Peter's church, west side.
From St. Peter's church to St. An-

6. David Banernran . .
7. William Henderson .
6. Pierre Gladieux .. ..
9 Norbert Larence

£ 6

£ 8
£ 8
I £ 5

drew's, east side.
From St. Andrew's church to St. Paul's,
east side.
From St. Paul's to German Creek, east
side.
From German Creek to Marion's Ferry,
east side.
From the Fork® to Point Ooupee, west

side.

The Committee of Economy. (1)

The Committee of Economy acted as a committee of better-
ment. It sought to improve the settlers5 conditions. In 1847
it brought from England and sold at reduced prices, dyes used
by the settlers. It landed at York the model of a fulling mill,
and through the Bishop of Juliopolis ordered from Canada the

*The Winnipeg Documents constitute an invaluable source of infor-
mation for the activity of this Committee.

86 CANADIAN ARCHIVES

model of a carding machine of simple construction. The Com-
mittee offered a premium of £10 to the person who should
erect the first efficient mill for the purpose of hulling barley
and oats, provided that his toll for the first year met with the
Committee's approval. The following premiums offered on
May 31, 1847, indicate the nature and extent of the Com-
mittee's activities, —

1. A prize of £3 awarded to the producer of the best cloth
manufactured' in the settlement.

2. A prize of £3 -awarded to the producer of cloth most
suitable to the climate, in strength and warmth.

3. A prize of £5 to the producer of the greatest quantity
spun and woven in the same family.

4. A prize of £2 awarded to the producer of the best
specimen of camlet, stuff or tartan.

5. A prize of £3 awarded to the producer of the best
quality of flanneL

6. A prize of £2 awarded to the producer of the second
quality of flannel.

7. A prize of £2 awarded to the spinner of the finest
yarn for woof.

8. A prize of £2 awarded to the spinner of the finest
yarn for warp.

9. Prizes of £1 10/; £1 ; 10/; awarded to the 4th, 5th and
6th qualities of yarn.

10. Prize of £5 awarded to the person that produced the
largest quantity of the best quality of cheese. (1)

In the same year owing to the deterioration of the grain in
the settlement, the Committee ordered the importation of 100
bushels of Black Sea wheat.

Law and Justice.

Adequate judicial machinery it had not been in the power
of the founder of the colony to provide. When Earl Selkirk
received his grant, the Hudson's Bay Company made an im-
portant reservation in favour of the grantors, — " Saving and
reserving nevertheless, to the said Governor and Company and
their successors, all rights of jurisdiction whatsoever granted
to said Company by their Charter." For this reason the Gov-
ernors of Assiniboia received their commissions from the Com-
pany. For during the Selkirk period the administration of
justice devolved upon the Governor and his Council.

* See Winnipeg Documents. No. 23. John Gnnn was the winner.

PIONEER LEGISLATION 87

On the reorganisation of the administration which took
place at the time of the transfer of the district back to the
Company, it was found necessary to create new judicial machin-
ery. In 1835 the settlement was divided into four districts, —
to extend from Image Plain downward ; from the Image Plain
to the Forks, including the banks of the Assiniboine below
Sturgeon Creek; from the Forks upward on the main river;
and the White Horse Plain. For each district was appointed
a magistrate or justice of peace to hear cases of petty
offence, and debts under 40 shillings. A general court of the
Governor and Council was held at the Governor's residence on
the last Thursday of every quarter. At this the magistrates
attended, and cases of a more serious nature and all appeals
were examined. To the position of justices of peace were
appointed James Bird, James Sutherland, Robert Logan and
Cuthbert Grant, all members of the Council. More than one
Councillor also belonged to the volunteer corps. No attempt
was made to separate the legislative, executive and judicial
offices.

In 1837 the Council endeavoured to grapple with the Indian
problem. On Feb. 2, it decided to accept Indian evidence as
valid and to assign one half the fine for selling beer to the
Indians to the person who gave the information. In this same
year the judicial districts were readjusted. The settlement
was divided into three districts, each with two magistrates, the
lower from the Frog Plain downwards; the middle from the
Frog Plain upwards on the main, and as far as Sturgeon Creek
on the Assiniboine River; and the upper, upwards from
Sturgeon Creek on the Assiniboine River. These magistrates
decided all cases of petty offence and of debts not exceeding
£5. All other cases were decided at Fort Garry by a
general court consisting of the Governor or the 'Company's
principal representative in the district, together with not less
than four magistrates. Two years later the London Governor
and Committee of the Company revised the constitutions of
Rupert's Land and Assiniboia, now in operation since May,
1822-23. Rupert's Land now had four, Assiniboia two sheriffs,
and Adam Thorn became first Recorder, or active head of
legal affairs.

On July 4, 1839, it was decided to appoint in each of the
three sections of the district, three magistrates, one of whom at
least was to reside within the section, and one other at least
without it, who should hold quarterly courts of summary juris-

88 CANADIAN ABCHIVES

diction on three successive Mondays in the three sections. These
courts pronounced final judgment in all civil cases where the
debt or damages claimed did not exceed five pounds, and in
all trespasses and misdemeanors which by the rules and regu-
lations of Assiniboia, not being repugnant to the law of Eng-
land, might be punished by a fine not exceeding five pounds.
These courts might refer any case of doubt or difficulty to the
supreme tribunal of the colony, the court of the Governor and
Council of Assiniboia, at its next ensuing quarterly session.
Every defendant, in case of non-appearance, after being duly
summoned, was to have judgment pronounced against him by
default, the sitting magistrate 'having the right to suspend
the execution of the judgment for a period not exceeding four
months. Witness fees were fixed at 2s. 6d; jury fees at Is.
Fines were assigned to informers, to the payment of the ex-
penses of stationery, fuel, etc., and to the maintenance of court
houses and gaols. In all contested civil cases before the
Supreme Court involving claims of more than ten pounds and
in all criminal cases, the facts in dispute were determined by
the verdict of a jury. Any proprietor of land might act as
juror. The fine for non-attendance was from 5 to 20 shillings.
Prisoners were to be maintained at the rate of a pound of pem-
mican a day, or its equivalent in other provisions.

In 1841 a new Assiniboia came into being. The earliest
district had extended into the United States. On the adjust-
ment of the boundary, the term was restricted to that portion
of the original grant that lay within British dominions. Regu-
lations were now adopted for what really constituted a muni-
cipality, extending in all directions fifty miles from the forks
of the Red and Assiniboine Rivers. The term settlement was
limited to the area in breadth four miles from the nearest
point of either river, in length four miles from the highest or
lowest permanent dwelling. Regulations were amended or
re-enacted with regard to fires, pigs, fences, hay, stallions,
horse-taking, maintenance of prisoners, the intoxicating of
Indians, distillation, roads and bridges, customs duties, police
and courts, — sixty enactments in all.

In April, 1845, all questions of revenue or prohibition or
license were assigned to the Governor and Council and a jury.
Provision was made to enable plaintiffs and defendants to
summon each other as witnesses in all cases coming before the
General Court. Adam Thorn, John Bunn and Alexander Ross
were constituted a commission to examine such parties accord-

PIONBBE LEGISLATION 89

ing to the English principles of equity. The result of such
examination was to go to the jury as evidence.

The Canadian and halfbreed population exhibited a tend-
ency to grow restless under certain grievances. In 1848 they
held meetings to demand free trade in furs, the abolition of
existing laws respecting imports from the United States, and
the granting to Canadians and halfbreeds of some measure of
representation in the Council. Other demands concerned
judicial matters, — the immediate removal of Mr. Recorder
Thorn and the conducting of all judicial business through the
medium of a judge who should address the court in French as
well as in English. The Council resolved that Mr. Thorn's
personal liberty should be protected but that in all cases in-
volving Canadian or halfbreed interests the court should be
addressed in both languages.

An increase in the number of magistrates occurred in 1850.
Pascal Breland, Urbin Delorme and Joseph Guilbeau were
now magistrates for the White Horse Plain District ; Francois
Bruneau, Maximilien Genton, William McMillan, William
Ross, Alban Fidler, for the Upper District; Donald Gunn,
Roderick Sutherland and John Inkster for the Lower District.
Courts were held in each district every second month but it
was left to the discretion of the magistrates to adjourn their
courts over the season of seed time and harvest. Two magis-
trates and a president formed a quorum. The courts were
given summary jurisdiction in all ordinary police cases and
in all actions for debt to the amount of forty shillings. They
also possessed jurisdiction in actions for debt up to five pounds,
but when the amount was above forty shillings an appeal could
be made to the Quarterly General Court, provided that the
appellant deposited with the sheriff an amount sufficient to
cover costs. Presidents of the court were given only a casting
vote in cases where a majority had not decided. In his district
Cuthbert Grant was President and held court at his own resid-
ence. In the Lower District, court was held at St. Andrew's
School House, and John Bunn and Thomas Thomas were
Presidents ; in the Upper, court was held at the Court House,
and Alexander Ross and Andrew McDermot were Presidents.
An allowance of five pounds yearly was made to each magis-
trate.

An exceedingly valuable document is the report of the Law
Amendment Committee presented in May, 1851. This dealt
with the state of the law of the district and reduced all exist-

90 CANADIAN AEOHIVES

ing regulations within the compass of little more than
forty resolutions. The principle of introducing into a depend-
ency the law of England as it existed at the date of the
acquisition of the dependency, would have operated to make
the law of Rupert's Land that which existed in England on
May 2, 1670. The Committee suggested the substitution of the
accession of Queen Victoria as a date which would render
nearly every legal publication in the community a work of
authority. The local legislature was declared to be subject to
all the statutes of the Imperial Parliament which applied to
Rupert's Land, to the regulations of the Governor and Council
of Rupert's Land and to the provisions of the Company's
Charter. It possessed no right to control any of the Company's
chartered powers within the district, whether territorial or
commercial or political. It enjoyed no power to create corpor-
ations, and laboured under special restrictions in relation to
Indians and pensioners. The natural guardian of restrictions
upon legislation was the Governor of Assiniboia. In default
of a prerogative of subsequent approval or rejection he enjoyed
the preliminary option of putting or not putting, any and
every question. Local enactments, unless expressly extended
further, applied only to that part of the District of Assiniboia
which formed Red River Settlement and its environs. These
enactments covered the following subjects, — fire, 'animals, horse
taking, hay, roads, the Red River library, distillation, the
intoxicating of Indians, customs duties, police, intestate estates,
marriage licenses, the administration of justice and legislative
proceedings.

Customs Regulations.

It was not until representative government was established
that customs regulations adapted to existing economic con-
ditions were framed. The situation was complicated. Many
goods were shipped from England by way of Fort York.
Canada at the time was only a sister colony. Minnesota and
other portions of the United States were not as yet organized,
even as territories. The Hudson's Bav Company owned the
district, after the middle thirties at least, the government of
which at times sought to tax the Company itself. The jurisdic-
tion of the Council did not extend over the whole settled area,
and no other provision was made for the control of those who
dwelt on the fringes of the settlement. Dealers in whiskey
contrived to elude customs officers. Duties were levied on

PIONEER LEGISLATION 91

exports as well as on imports, and the methods devised for the
collection of the revenue proved inadequate. Petitioners
clamoured for retaliatory measures against the United States.
The whole trend of tariff history, however, was towards a
growing free list and a reduction of duties.

The Governor and Council of Assiniboia were the first to
address themselves to general legislation for the welfare of
the inhabitants* of what now constitutes the Canadian West,
The Company's regulations had applied to scattered posts and
had reference solely to the fur trade in its various relations.
The Council of Assiniboia had wider interests than trade.
They provided penalties for those who kindled fires on the
plains, who allowed their animals to run at large, who, without
the owner's consent, took a horse to ride or drive, or who,
before July 20, cut hay beyond the two miles line. Thev in-
sisted upon a width of two chains for main highways and
appointed road inspectors. They regulated the distillation of
native spirits and forbade the sale of intoxicating liquors to
Indians. They established a constabulary and a system of
courts, and controlled the administration of intestate courts,
and the issue of marriage licenses. Year by year they framed
enactments looking towards the general good. Buildings were
erected as court houses, as gaols and for other public purposes.
One Committee of the Council, the Board of Works, con-
structed roads and bridges and maintained ferries; another,
the Committee on Economy, awarded prizes for the best speci-
men of cloth spun and woven in the same house, and brought
from England, by way of Fort York, the model of a fulling
mill and such dyes as the settlers required. Premiums were
paid for the destruction of wolves and for the improvement of
agriculture and manufactures. A postal service was main-
tained and an inspection of weights and measures instituted.
Public money was devoted to education and surveying.

There had been other Councils to assist the Governor of
Assiniboia before the session of Feb. 12, 1835, but the Council
convened on this date was larger and more representative of
the whole community, and Assiniboia itself had just passed
from the Selkirk estate back to the Company. The change in the
constitution of the Council indicated an attempt to introduce
a greater measure of personal contact between the community
and the Governor and Council. The first resolution adopted
by the Council was to establish a tariff with a view to raising
funds to defray necessary expenses. The duty for both im-

92 CANADIAN AEOHIVES

ports and exports alike was fixed at 7-J per cent. This was
levied at Fort York on all goods from England except made-up
clothes, books and personal baggage already used by the
importer. In the settlement itself duty was collected on all
exports, likewise on all imports from Canada or the Unittd
States other than personal baggage and on all country pro-
duce brought by the Fur Trade to the settlement for sale. On
the same date, James Bird was appointed receiver of import
and export duties. He was required from time to time to lay
his account books before the Governor and Council and the
Committee for the management of Public Works.

A customs duty of 7-J per cent was regarded as excessive by
the Governor and Committee of the Hudson's Bay Company
in London. They accordingly sent a despatch to this effect to
the Governor and Council of Assiniboia. The latter at its
session of June 13, 1836, lowered its duty on imports and ex-
ports to 5 per cent for the year 1836. At the same meeting the
salary of the Receiver of Duties was placed at £15 per year.

In 18 #7 an excise duty of two shillings per gallon was
levied on all proof spirits manufactured in the settlement, by
the distillery. All such spirits were allowed to be exported
free of duty. The revenue from the excise duty, as well as the
duties on imports and exports, was applied to the maintenance
of the police corps, gaol, court house, and other public works
and institutions. On June 16, 1837, the duty on imports and
exports- was fixed at 4 per cent, the rate at which it was destin-
ed to remain in spite of the promise made at the time that a
fuither reduction would be made ,as soon as the excise tax
became available.

The import duty was not reduced below 4 per cent. The
changes that took place during the following quarter of a
century were in the direction of an extension of the free list.

Export duties were abolished. Nothing is said of them in
the general consolidation of rules and regulations, governing
the district which took place in 1841. The problems that hence-
forth confronted the government had chiefly to do with .the re-
gulation of the importation of liquors, the collection of the rev-
enue, and the improvement of manufactures and agriculture.

In 1841 the free list included the product of the chase,
commodities merely passing through the district, anything that
both had been used and was to be used by the importer himself,
anything imported by a traveller for personal or domestic
purposes, live stock and periodical publications of miscellane-

PIONEEB LEGISLATION 93

ous matters. In 1845 British subjects, being actual settlers
and not public defaulters, were allowed once in every year to
import either from Great Britain or from St. Peters, stoves
free of duty. Under the same conditions, imports of the local
value of £10 could be brought in without duty on the declar-
ation that they were intended to be used exclusively by the im-
porter himself within the settlement, and had been purchased
with certain specified productions or manufactures of the settle-
ment, exported in the same season, or by the latest vessel, on
his own account, and at his own risk. This amount was placed
at £50 in the case of those who had personally accom-
panied both exports and imports, and who declared that the
goods were either to be consumed by themselves or sold directly
to actual consumers within the settlement. At the same time
all commodities, unless proved to have been imported from the
United Kingdom, were, with the exception of the produce of
the chase and the other articles mentioned above, presumed to
have been imported from the United States, and were accord-
ingly subjected to the operation of the Imperial Statute (5
and 6 Victoria, ch. 49) which regulated the foreign trade of
the British possessions in America. The Committee on
Economy also, which consisted of the Bishop of tfuliopolis,
Rev. John Macallum, Captain Cary, Dr. Bunn and Mr.
Pritchard, and whose functions were to encourage by premiums
or otherwise, the improvement of manufactures and agricul-
ture, were empowered to import, duty free, seeds, drugs, im-
plements and other commodities likely to prove beneficial to
the whole district.

Tariff legislation was closely associated with other phases
of the life of the community. In 1847 it was made to play a
role in the defence of the settlement. The requirements of
the troops had become so great that it was felt to be undesirable
to encourage exportation. Those regulations which exempted
imports from duty in consideration of products and manu-
factures exported from the settlement, were suspended for one
year. This period was made three years with respect to the
returns from exported cattle. The duty on stoves was not
henceforth to be remitted unless the importer made declaration
that neither within nor without Her Majesty's dominions had
he encouraged any soldier in the military offence of being
absent from barracks without a pass.

The importation of liquor from the United States con-
stituted a difficult problem. On May 20, 1847, the Council

94 CANADIAN ARCHIVES

unanimously adopted a recommendation from the Finance
Committee that spirits of proof strength and liqueurs might be
imported from the United States, at a duty of two shillings a
gallon in addition to the existing duty of 4 per cent on
prime cost and a shilling a gallon. Spirits of more than
proof strength were to pay a proportional increase ; spirits of
less than proof strength were to be forfeited. At the same
time regulations were adopted in regard to wines, spirits in
vessels not full or containing less than eight gallons, and spirits
left by the way side or broached or removed before payment of
duty. Provision was made whereby British subjects who had
gone and come in the same season, and had accompanied the
whole of their importations from St. Peters to their own homes,
could sell on their own account, for ready money only, spirits
imported at their own risk in quantities not less than two
gallons and of a strength not less than proof. On Nov. 18, of
the same year, owing to- the convenience which had attended
the importation of spirituous liquors from .the United States,
the importation of ardent spirits from that quarter was pro-
hibited under penalty of confiscation.

In 1848 books imported for the Public Library were put
on the free list. On Oct. 10, of this same year, in response to
a petition for modification of the duties on imports from the
United States, a uniform duty of 10 per cent was imposed on
all commodities other than those already on the free list. This
proved far from satisfactory to the Canadian and halfbreed
element of the population, who were already inflamed against
Recorder Thorn and were insisting upon free trade in furs,
the introduction into the Council of members to represent the
Canadians and halfbreeds, and the conduct of judicial busi-
ness by a judge who could speak French as well as English.
In the spring of 1849 they voiced their discontent in a turbu-
lent meeting. A session of the Council was summoned by Major
Caldwell to restore tranquillity in the settlement, and to con-
sider the demand that the existing laws with respect to im-
ports from the United States should be rescinded. Two months
later the Council reduced the duty on imports from the United
States to 4 per cent. Stoves still continued exempt from all
customs.

On Mar. 29, 1851, was adopted a revised code of municipal
regulations. The, free list was greatly enlarged. It now in-
cluded the produce of the chase, whole packages passing through
the settlement according to their original destination, personal

PIONEER LEGISLATION 95

baggage, live stock, books, maps, plates, prints, philosophical
apparatus, stoves, anything intended for the improvement of
agriculture or of manufactures, canvas, ropes and other naval
stores brought into use for the importer's own boats on their
upward voyage, and packages employed as such.

During the ensuing years the Collector of Customs Duties
encountered various difficulties in the discharge of his office.
As the Council had no official correspondence with the Amer-
ican Agents who supplied merchandise to the settlers of the
colony, it was found almost impossible for the collector to know
who imported goods from the United States via Pembina. He
asked for- the enactment of a law, compelling all importers
from the United States, within a limited period after the
arrival of their merchandise, and before breaking bulk, to pro-
duce their invoices to the collector. Portage la Prairie con-
stituted another problem. Should the collector consider it to
be within the District of Assiniboia and demand customs duties
on importations ? The collector asked that in the case of all
merchandise for places more than a certain distance beyond
the Forks of the Red River, the importer should pay the
customs before leaving the Upper Court House, and before
breaking bulk. On Oct. 18, 1852, the collector propounded the
following questions to the Council, — " whether clergymen, with
the inhabitants of Indian Missions situated in the District of
Assiniboia, are exempt from Custom Duty? Whether materials
imported (expressly for the building of churches and chapels
or any places intended for Divine service) such as bells, glass,
nails, paint, putty, oil^ sheet iron, and other necessaries, whether
for embellishment or service of said edifices, are exempt from
Custom Duties?" To this the answer was given in a motion
by Dr. Bunn, seconded by Mr. Cockran, " That church bells be
exempted from duty."

On July 19, 1855, the collector reported to the Council that
from since 1849 the Hudson's Bay Company had refused to
pay import duty on merchandise which was sent to outposts and
which had formed part of their original outfit to Fort Grarry.
When a requisition for the sum due was made, the Council was
referred to Sir George Simpson, who never failed to guard the
Company's interests.

A petition with 59 signatures from the Upper and 29
from the Lower part of the settlement asked, on Mar. 10, 1859,
for increased protection for the agricultural interests of the
colony by the imposition of a retaliatory tariff against the
United States. The petition is here quoted in full, —

96 CANADIAN ARCHIVES

" The petition of the undersigned inhabitants of this
Colony Humbly showeth,

That, on the formation of Minnesota into a Territory, Horn
Cattle, Horses, flour and other articles, the produce of this
settlement, have been met, on their introduction into that Ter-
ritory, by a Duty of Twenty per cent on the bona fide value of
the same articles in this settlement. The same tariff of duty
still exists, not only in Minnesota, but also in all the unorgan-
izel country to the west of Minnesota.

" Your Petitioners would humbly submit to your honour-
able Council, that, if the Government of the United States feels
itself bound, in duty, to protect by the imposition of such high
Tariff of duty, the agricultural interests of its citizens, how
much more do our agricultural interests, the only material
interests of this Colony, require protection, especially when we
consider the many great advantages which the American
agriculturists possess, 1. In the low price they pay for land;
2. In a warmer climate ; 3. In the facility and cheapness with
which they can procure all kinds of agricultural implements,
and, lastly, in the activity and energy exhibited by the national
Government to open up the ways of commerce.

Therefore, your Petitioners humbly pray that your honour-
able Council will be pleased to take our petition into your most
gracious consideration, and trust that you will see the justice
and expediency of passing a legislative act imposing an import
duty of twenty per cent on Horn Cattle, Horses, Pork, salted or
fresh, Salted Beef, Flour, Indian Corn and Biscuits, on being
imported from the United States of America into the colony."
On motion of Dr. Bunn and the Bishop of St. Boniface this
petition was laid on the table.

The imposition of duties on whiskey called forth much
debate and many petitions. On Mar. 10, 1859, four petitions
on this subject were presented by Robert McBeath, Thos.
Sinclair, and the Bishops of Eupert's Land and St. Boniface.
The evil effect of whiskey on the Indian population was the
chief reason assigned for advocating a heavy duty and a strin-
gent license system. Two years later the Council was again
requested to use every effort to stop the importation of liquor
from the United States " and, if it cannot be stopped, that it
may be taxed the highest." At the same time a majority of
the Council expressed a desire to establish a British preference
in the matter of spirituous liquors. A duty of 5s. per gallon

PIONEEE LEGISLATION 97

was proposed for all liquors except those directly imported from
the United Kingdom. Action in this matter was, however,
deferred.

With the expansion of the colony more customs officials
were from time to time appointed and in 1860 a move was made
towards the erection of a customs house and bonding store.

An accurate conception of prairie tariff regulations in the
decade prior to the creation of the Province of Manitoba, with
the complete free list, the regulations governing collectors, in-
voices, customs examinations and contraband goods, can be
gained from an examination of the revenue laws passed by the
Governor and Council of Assiniboia, Mar. 14, 1861. An
address to the public was issued in explanation of the differ-
ential duties on wine and spirits, —

" The Governor and Council in imposing differential duties
on the importation of wine and spirits contemplate solely the
mitigation of an evil. The wines and spirits as now obtained
from the United States are complained of as profuse in
quantity, and deleterious in quality. The importation from
the British Dominions has not as yet incurred similar objec-
tions. Such importation cannot be a monopoly so long as the
bonded vaults of New York are open to capital and enterprise.

To abolish the consumption of Spirits is unattainable. The
minor benefit is to moderate its quantity and to protect against
the evils of adulteration. This can only be attempted by im-
posing a heavy duty upon impure admixtures and admitting
approved manufactures at the old accustomed rate. The
public must know that the tax falls upon the buyer and not on
the vendor. It may add to the expenses of house keeping and
the sick chamber but will not enhance the profit of the im-
porter.

The native manufacture is not inferior to the importation
from the United States, and is therefore so far worthy of
protection. When the native manufacture shall be meet to
supply by its quantity and quality the wants of the country it
will be imperative on the Government to protect by heavy
duties, local production against all foreign competition. Until
then legislation can only tend to protect public health and, if
possible, public morality, by making it most profitable to im-
port of wine and spirits only what is genuine and to exclude
what is adulterated (it may be feared that even the differential
duties may fall short). The source of supply is the only test

28159— n

98 CANADIAN ARCHIVES

of purity at present attainable, since there is not in the colony,
analytical chemistry sufficient to supply any other. Next in
benefit is the abolition of the abuse of spirits in the home pro-
duction of what is consumed. Since expenditure cannot be
prohibited, let it reward the industry of the home and not the
foreign farmer."

On April 9, 1861, Mr. William Dease was appointed
Collector of Customs Duty at Point Coupee; Eoger Goulet at
Upper Fort Garry; William R. Smith at Lower Fort Garry
and Patrice Breland at White Horse Plain.

In 1862 a resolution was adopted allowing no wines or
spirits, except for church services, to pass through the district
in bond. Further resolutions were later passed, having regard
to the collection of duties, and the exhibition of invoices and
manifests. The revenue laws passed on Mar. 14, 1861, con-
stitute practically a complete statement of tariff regulations for
the District of Assiniboia.

Postal Facilities.

Until 1850 the postal facilities were limited to the York
packet and the winter post overland to Canada. It was the
arrival of the Bishop of Rupert's Land that brought about an
agitation for increased postal communications. " The Queen,"
so runs the item in the Minutes, "having been pleased to erect
Rupert's Land into a Bishopric and Diocese, and other im-
piovements, have brought the Settlement of Red River into-
nearer connection with Her Majesty's Government, and have
created a corresponding interest in the minds of the British
public for the advancement and prosperity of this colony; it
appears desirable, therefore, to keep alive the feeling by a
more frequent communication with our Fatherland.

And, whereas the private traders specially, and the settlers
generally, would be benefitted thereby, it is, therefore, pro-
posed that a sufficient sum from the public funds be appro-
priated for sending an express from hence with letters for
England, via St. Peters, or the nearest post town, the bearer
to bring back all letters and newspapers for the Settlement."
This motion was cancelled when Sir George Simpson promised
for £200 to ensure the settlement six opportunities of cor-
respondence with Europe each year. We are fortunate
enough to be able to produce the account of newspapers, books,
letters, etc., sent and received at the Red River post office, from
Mar., 1855, to Feb., 1856. Mr. William Ross was postmaster
at the time.

PIONEER LEGISLATION

TV*Vk«fVi

•

Postage.

Montn.

Parcels

U.S.

R. R.

Total.

1855.
Miarch

152

320

£ s. d.
11 4 11

£ s. d.
4 16 n

£ s. d,
16 1 6A

April

199

342

5 13 11

A C

4 6 ...

9 19 11

May
June . .

270
110

150

128
5

5 9 4i
2 6 lOf

3 10 1
199

8 19 5£
3 16 ?|

July

177

204

326

364

6 8 10

August .

140

134

285

2 3 8$

4 12 14

September

195

150

2 5 1£

2 12 1

4 17 2A

October

278

325

657

545

11 10 ...

November

240

328

599

5 2 ...

10 11 9

December

241

209

393

3 13 2&

7 2 54

1856.
January

325

471

10 7 5^

7 6 lOi

17 14 4

February

267

249

4 10 6£

46-|

8 16 7

Total .

2437

2,821

580

62 13 8£

47 17 \\

110 10 10

On Feb. 27, 1855, a monthly mail was established between
the settlement and Pembina. This was found to be of great
convenience. In 1858 communication with Canada by the
Lake of the Woods was advocated by the Bishop of Rupert's
Land. In 1861, complaint was made -that letters from the
Canada mail and the fortnightly mail from the United States
often remained at the upper post office for weeks. Shortly
after, thanks to the energetic policy of the United States Gov-
ernment, the settlers were able to procure their mails weekly
from Pembina.

By 1862 Postmaster James Ross could say of the postal
service, — " Post office duties require me to remain almost con-
stantly at home. For two or three days before the mail starts,
and two or three after it comes in, I must absolutely be at home
to receive or give out mail matter. I have been obliged to erect
a Postoffice Building at an outlay of 30 Pounds. A Postoffice
is always built at the public expense or a building is rented for
the purpose. Here it is done at my own expense.

One constant source of labour is keeping running accounts
with mail-dealer-. There are many poor people who cannot
pay at once, and many others who, though able, on account of
the distance at which they reside, pay only at intervals. There
2 re over twenty, sometimes as many as thirty, with whom I

28159-T*

100 CANADIAN ARCHIVES

thus keep open accounts. This manifold account keeping im-
poses much additional labour, but it is a very great convenience
to mail dealers. It is in fact, a necessary evil. The worst
feature of this case is that too often I lose the postage alto-
gether.

10 Pounds was the salary when the mail was monthly. At
present it is fortnightly and will in all probability be tri-
monthly or weekly before many months."

In 1866 the Council granted £5 towards establishing a fort-
nightly mail for the settlers at Portage la Prairie.

Social Life.

The settler did not confine his attention to farming alone.
At times he turned hunter. - Three days at least he must give
towards the improvement of roads and bridges. Twice a year,
in September and May, he could attend the public fair at Frog
Plain. To attend divine service, he did not need to go far
afield. In 1848 a public library was incorporated and all its
importation of books exempted from customs duties. By 1859
the Nor Wester was established and its editors were soon seek-
ing admission to the deliberations of the Council of Assiniboia.
This paper displaced the pasteboard bulletins that had
formerly been distributed over the settlement, and superseded
the custom of hanging on the church doors resolutions passed
at Council meetings, -regarding the police or the straying of
rams. The support which the Council gave the cause of educa-
tion was entirely insufficient. In 1851 a grant of £100
from the public funds was made, to be divided between the
Anglican Bishop of Bupert's Land and the Roman Catholic
Bishop of the North West to be applied by them at
their discretion to the cause of education. This called
forth a demand for a grant by the Presbyterians at
Frog Plain. They were given fifteen pounds. The
Bishop of St. Boniface thereupon demanded and received an
additional grant of fifteen pounds. In March, 1853, a des-
patch from the Honourable Committee was received disapprov-
ing of the grants for education, as being a misapplication of
the public fund. The cause of education accordingly suffered.
In this connection the Minutes of Feb. 22, 1866, clearly exhibit
the attitude of the Council towards the educational needs of
'the settlement, —

' The President laid before the Council a petition from the
.'Settlers at Point Coupee to the number of 27, representng that,

PIOtfEEB LEGISLATION 101

with a view to the instruction of their children, numbering as
they state, about 60 in all, they had lately built a schoolhouse,.
but had not the means of paying a schoolmaster, and they
were therefore led to petition the Council for such aid as it
might be thought fit to afford. The Council by a majority of
votes granted 10 Pounds .to be payable to the Schoolmaster
himself. But in granting that sum, the Council wished it to
be distinctly understood by all concerned, that it would not be-
continued, being given for the present year only, and that it
was not to be drawn into a precedent. For the Council, while
admitting the unquestionable importance of education to the
children of all classes in the community, were fully aware that
the- funds at their disposal would not admit of systematic
grants being made for that purpose, and that in the present
state of affairs, the educational wants of the Settlement must
continue to be met in the same way as they have hitherto
been."

The celebration of marriage was the occasion of no little
agitation. The law of England as introduced into Rupert's
Land, May 2, 1670, deemed valid such marriages only as
were solemnised by a person in .holy orders. This com-
prised the clergy of every Episcopal church but excluded
Presbyterian ministers. The Council of Rupert's Land
had found1 it necessary in 1848 to allow religious teachers
in- general, and, in case of necessity, certain laymen
to celebrate marriages. This legislation, of cour.se, was
valid within the District of Assiniboia. Here on June-
19, 1844, the Council had passed a resolution authoris-
ing the Governor, upon receipt of twenty shillings, to issue a
marriage license to any applicant who declared on oath thafr
neither himself nor his intended wife was already living in
lawful wedlock. In consequence of the arrival in the settle-
ment of the Bishop of Rupert's Land, this resolution was
cancelled Jan. 2, 1850. The arrival of Rev. John Black,
Presbyterian minister, soon called forth from the Presbyterians
a petition "that all registers of marriage, baptisms and
funerals, performed by the Rev. Mr. Black or any other
regularly ordained Presbyterian minister settled here, be good
and valid in law." They also asked that marriage licenses be
issued by the Governor as before the arrival of the Bishop of
Rupert's Land. These requests were granted on Nov. 27,
1851. On the application of Rev. John Young it was unan-
imously resolved on Nov.' 7, 1868, " That any legally ordained'

102 CANADIAN ARCHIVES

Wesleyan minister labouring in the settlement may validly
solemnise marriage in the District of Assiniboia, and that all
registers of Marriage, Baptisms and Burials kept by any legally
ordained Wesleyan minister shall be deemed legal and valid
records."

By a fortunate chance we have preserved in the petition
of the Presbyterian Congregation of Frog Plain, dated Dec.
6, 1853, not only the names of the minister, John Black, and
of the six elders, but also of 73 members and the twelve articles
of the institution of the congregation.

The public tranquillity of the settlement' was at times
greatly endangered by the sale of beer to the Indians. Only a
clergyman, or licensed physician, surgeon or apothecary, or
representative of the Honourable Company, accordingly was
allowed to give, sell, lend, or barter beer to an Indian. The
right to distil rested in general solely with the company.

Wolves constituted a menace to the community at different
times. In 1839 a premium of five shillings was paid for the
Lead of every wolf killed within five miles of the banks of the
Red River Settlement. Strychnine was also on occasions dis-
tributed by the bishop, the sheriff and the justices of the peace
to counteract this evil.

In the forties, at least one-half, and that too, the hardier
half, of the male adults were drawn away every summer from
-their homes, partly as carriers and partly as hunters. The
colony at the very season that was peculiarly favourable to
the movements of the Indian tribes was practically placed at
their mercy. The withdrawal of the garrison struck dismay
into the hearts of the Red River Settlement. The separation
•of the departments of government and trade for the district
-seemed to indicate a diminution of interest in Assiniboia on
the part of the Company. The presence of the Sioux caused
much anxiety in 1860. The sum of £30 was placed at the dis-
posal of the Governor to meet the crisis. As we have seen they
later became more threatening.

It was the transfer of the District of Assiniboia to the
Dominion that inaugurated the new epoch in the history of
what is now Western Canada, the importance of which was
signalized by the gift of responsible government. But a new
life had already been pulsing through the West. The Company
had refused to forward a small printing press in 1851. But
by Feb., 1860, the editors of the Nor' Wester were asking per-
mission to attend the deliberations of the Council. Publica-

PIONEER LEGISLATION 103

tion in the settlement Lad made a great stride since Resolution
35 of June 9, 1845, — " That next Sunday, the resolutions
passed at last meeting regarding the police, and the straying
of rams, be published on the church doors." This was mani-
fested also in the growth of communities outside the limits
of the district. Most conspicuous of these were Edmonton
and Portage la Prairie. The latter was constantly applying
t- be annexed, and even established as an independent pro-
visional republic. Perhaps not the least significant omen of
the future was a reference to the town of Winnipeg. On Mar.
28, 1866 a petition was presented from certain " inhabitants of
the town of Winipeg " representing that, owing to their locality
having become a centre of business and a place where liquor
was sold, the ordinary means of protection were found in-
sufficient and praying for the appointment of two constables
for that neighborhood, one for duty by day and the other for
night/' Not the most sanguine citizen of Assiniboia could
have anticipated the marvellous career of Winnipeg as "a
centre of business " *any more than any could have guessed that
tlie Council of Assiniboia was destined to be the forerunner
OL the prairies of no less than three Provincial Governments.

5. THE DOCUMENTS.

The documents relating to the District of Assiniboia are
found chiefly in the Dominion Archives, Ottawa, and the
Provincial Library, Winnipeg. Some are in the possession of
private individuals/1* The location of still others is unknown.

The Documents embrace the following: —

I. Minute Books.

(a) The Minute Book from May 4, 1832, to March 5,
1861. The history of this Minute Book has been enshrouded
in mystery. Some have been under the impression that it was
in the old well in Upper Fort Garry along with other records
that disappeared on the morning of Col. Wolseley's triumphal
entry into the abandoned fort. In his Hudson's Bay Com-
pany's Land Tenures (p. 117) Archer Martin says : — " When
the Council of Assiniboia was established in 1835 by the
Hudson's Bay Company its minutes were regularly kept in
fclio volumes. The last of these only can now be found. . . .
The fate of the prior volumes is a mystery ; it is the more re-

1 Of these we jrive no account here. The editor possesses a few.

104 CANADIAN ARCHIVES

grettable because they would throw light on one of the most
interesting periods in the history of Manitoba."

These Minutes are herewith given. Their history is not
difficult to trace. When the Hudson's Bay Company trans-
ferred their territories to the Dominion, the Department of the
Interior was not as yet formed. Nor did it come into exist-
ence till 1873. During that interval, responsibility for the
government of the West was more particularly vested in ,a
department which has long ceased to exist, that of the Secretary
of State for the Provinces. Among the papers taken over from
this department, not by the Department of the Interior, but
by that of the Secretary of State, was the missing Minute
Book. This, together with a quantity of other State papers
was transferred to the Dominion Archives in 1904, where it
now is filed as M. 721.

(6) The Minute Book from May 14, 1861, to Oct. 25r
1869, is in the possession of the Provincial Library of Manitoba
at Winnipeg. It begins where the preceding Minute Book
terminates and ends with the occupation of Fort Garry by the
halfbreeds. Mr. J. P. Robertson, the Provincial Librarian,
secured it from Government House during the regime of
Lieutenant Governor Cauchon. Lieutenant Governor Archi-
bald occupied the residence of Donald A. Smith, at Silver
Heights. Subsequent Lieutenant Governors, however, occupied
the building in Upper Fort Garry that had been the residence
of the Governors and Chief Factors of the Hudson's Bay Com-
pany. This book, as the property of Governor Mactavish, had
probably remained in the residence till the Lieutenant Gov-
ernors entered. In this way Mr. Robertson explains its pres-
ence in Government House.

II. Selkirk Papers.

The Dominion Archives possess 79 portfolio volumes of
Selkirk JPapers transcribed from (original Sources. These
embrace more than 20,000 MSS., pages of letters, diaries,
journals, agreements, letters of instruction, etc. From these
is obtained the greater quantity of the documents relating to
the Selkirk Period.

III. Bulger Correspondence.

Seven volumes of original documents (M. 149-M. 152 C;)
are in the Dominion Archives. They constitute a most valuable
source of information for the administration of Captain
Bulger.

PIONEER LEGISLATION

IV. Census Books.

105<-

(a) In the Provincial Library, Winnipeg, are census books
for the following periods, —

May 1832, 1833, 1838, 1840, 1843, 1846-7, 1849 (incom-
plete) 1856 (incomplete).

(b) In the Dominion Archives is a census book (M. 399)
containing census statistics for the following years, — 1831,.
1834, 1835, 1838, 1840, 1843, 1846.

V. General Quarterly Court Records.

Three volumes in the Provincial Library, Winnipeg, give
an exceedingly valuable source of information for social re-
lations and judicial arrangements.

Vol. I.— Nov. 21, 1844-Aug. 21, 1851. 259 pages.

Vol. II.— Nov. 20, 1851-Feb. 24, 1863. 273 pages.

Vol. III.— Feb. 25, 1863-Nov. 18, 1869. 174 pages.(1)

VI. 8. Taylor's Diary.

This volume relates to the Eed Eiver, 1849-1857, 1859-
1866, and is to be found in the Dominion Archives.

VII. The Canadian Archives, Series M., Volumes 778A-G.
A collection of original documents, including Coltman's
Eeport, relating to the early history of the Eed Eiver.

VIII. Colony Register A.

A copy of this Colony Eegister A is in the Dominion
Archives, (M. 721). It contains copies of the following docu-
ments,—

(a) Conveyance of the District of Assiniboia from the
Hudson's Bay Company to Lord Selkirk, June 12, 1811.

(&) Treaty made between Lord Selkirk and some Indian
chiefs, July 18, 1817.

(d) Lord1 Selkirk's will disposing of his estates in America,
April 28, 1820.

(0) Certificate of probate of the above wills by the Arch-
bishop of Canterbury.

(f) Documents signed by Lord Selkirk's executors trans-
ferring their trust and power to other executors, July 1, 1820.

1 Pages 175-214 contain records for Manitoba, November 17, 1870-May
20. 1872.

106 CANADIAN ARCHIVES

(g) Power of Attorney granted by the Selkirk executors to
George Simpson and Robert Parker Pelly to sell or dispose of
-all or part of Assiniboia, May 18, 1823.

IX. Red River Register B.

A register of lands in the possession of the Land Depart-
ment of the Hudson's Bay Company, Winnipeg.

X. Compilation of Records of the Council of Assiniboia in the
Library of the Legislature, Winnipeg.

1. Notes by Sir George Simpson when laying out Red
River Colony into Petty Court Districts, 1835.(1)

2. Statement from H. B. House, London, showing balance
to credit of the Government of Assiniboia, June 1, 1843.

3. The same for June 1, 1844.

4. The same for June 6, 1845.

5. Statement by John Black regarding constables' fees in
-connection with an Indian murderer, Aug. 31, 1845.

6. Statement to Government from James Bird, Collector
of Customs, regarding import duty, 1845-46.

7. Statement from H. B. House, London, showing balance
to credit of the Government of Assiniboia, June 5, 1846.

8. Account sent to the Board of Works by Robert Logan,
Dec. 8, 1846, for the construction of bridges.

9. Account presented to Alexander Ross by John Black
•for witness fees at May Court, June 24, 1846.

10. Account sent to the Board of Works for ferry at the
Forks, Aug. 1, 1846.

11. Account sent to Alexander Ross, chairman of the Board
of Works for bridge at Rowland's Creek, Image Plain, May
27, 1846.

12. Account sent to Alexander Ross, chairman of the Board
of Works for repairing James Spence's bridge, July- 16, 1846.

13. Order on Alexander Ross to pay a charge of the Board
of Works, Oct. 30, 1846.

14. Correspondence by John Black regarding marriage
licenses, 1846.

15. Order on Alexander Ross by Robert Logan, July 2,
1846.

1 There is evidently an error here. The handwriting is quite unlike
that of George Simpson. A comparison of the original with the minutes
of October 16. 1850, shows that the date should be 1850 not 1835.

PIONEER LEGISLATION 107

16. Memo, by Alexander Ross regarding interpreters in
TNeil McDonald's case, General Court, Nov. 29, 1846.

17. Order on Alexander Ross by Gary and Pruden for
Rowland's Creek bridge, Nov. 6, 1846.

18. Voucher by Alexander Ross for money paid into court
for police, Sept. 1, 1847.

19. Vouchers for salaries) .I'paid Magistrates Bunn and
Grant, Sept. 1, 1847.

20. Gaol account, attested by Governor Christie, Feb. 17,
1848.

21. Order on the Bishop of Juliopolis for the freightage
~on fulling mill, Nov. 20, 1847.

22. Order on Alexander Ross for work on public roads,
July 5, 1847.

23. Order from chairman of the Committee of Economy
for prize awarded for the production of the best cheese, Oct.
26, 1847.

24. Court House account. Dec. 22, 1847.

25. Detailed statement of supplies for prisoners. May 15,
1848.

26. Statement to Court by Narcisse Marion. (In French)
1847.

27. Public Works account. Nov. 15, 1847.

28. Statement of work done on the public roads, 1847.

29. Receipt for salary as magistrate by G. M. Gary, 1847.

30. General Court Order, Feb. 24, 1847.

31. Duty account, May 11, 1847.

32. Gaoler's account, May 17, 1847.

33. Order from President of the Committee of Economy,
1o pay Secretary, Feb. 2, 1847.

34. Order to pay for drawing up a beer license, Feb. 26,
1^47.

35. Order from court to pay for repair of bridges, Mar. 9,
1847.

36. Account of Hudson's Bay Company, Mar. 2, 1847.

37. Memo, of amounts of English and American imports,
May 11, 1847.

38. Board of Works account for cordwood, May 6, 1847.

39. Board of Works account for cleaning guns, April 30,
1847.

40. Order on collector of taxes by the President of the
Committee of Economy, Feb. 1, 1848.

108 ' CANADIAN AEOHIVES

41. Order on Alexander Ross for repairing bridge, May
17, 1848.

42. Order on Alexander Ross for boards for fulling mill,
Aug. 31, 1848.

43. Order on Alexander Ross for work done on bridge,
April 10, 1848.

44. Order on Alexander Ross for work done on public
roads, Mar. 6, 1848.

45. Dr. Bunn's account for attending Alexander Dahl in
gaol, Jan. 10, 1848.

46. Receipt for salary as magistrate by Cuthbert Grantr
June 27, 1848.

47. Vouchers showing public funds on hand, June 1, 1847-
June 1, 1848, and June 1, 1848-Oct. 19, 1848.

48. Order on Alexander Ross for erecting a bridge, July
10, 1848.

49. Order on Alexander Ross for wages to police, Sept. ly
1848.

50. Order on Alexander Ross on account of fulling millr
Sept. 11, 1848.

51. Public Works account for bridges, Feb. 4, 1848.

52. Statement of English, American and Canadian im-
ports by the H. B. Co., subject to 4 per cent duty in 1847r
May 23, 1848.

53. 'Order on Alexander Ross for work done on bridges,.
June 23, 1848.

54. Receipt for drawback on stove, Mar. 17, 1848.

55. Order on Alexander Ross for amount voted by Govern-
ment towards public library, Feb. 1, 1848.

56. Receipt for expenses in connection with prisoner, John
Hogan, March, 1848.

57. Letter from Governor of Assiniboia concerning import
duty, May 25, 1848.

58. Order on Alexander Ross for sum for fulling mill, Feb..
14, 1848.

59. Gaoler's account, May 27, 1-848.

60. Order on Alexander Ross for timber for bridges, July
13, 1848.

61. Vouchers, Mar. 22, 1848.

62. The Hudson's Bay Company's account, April 30, 1849,

63. Vouchers for money paid on stoves, Mar. 24, 1848.

' 64. Order on Alexander Ross for oak for Sturgeon Creek
bridge, June 22, 1848.

PIONEER LEGISLATION 109

65. Statement from Hudson's Bay House, London, show-
ing balance to the credit of the Government of Assiniboia,
June 1, 1848.

66. The same, May. 31, 1849.

67. Part of census book, 1849.

68. Commission of Justice of Peace issued to John Bunn,
Dec. 6, 1850.

69. Statement from Hudson's Bay House, London, show-
ing balance to the credit of the Government of Assiniboia, June
7, 1850.

70. Estimate of timber required for repairs and improve-
ments of roads and bridges, 1850.

71. Report of Government Inspector on roads and bridges,
Oct. 31, 1850.

72. The same, Nov. 20, 1850.

73. Estimate of timber required for repairs and improve-
ments of roads and bridges and contract t> rices, 1851.

74. Estimate of timber for bridge repairs, Eeb. 27, 1851.

75. Contracts for timber for roads and bridges, 1851.

76. Balance sheet of public funds, May 31, 1853.

77. Commission issued to Superintendent of Roads and
Bridges, Dec. 20, 1852.

78. Statement from Hudson's Bay House, London, show-
ing balance to the credit of the Government of Assinoboia,
June 4, 1852.

79. The same, June 9, 1855.

80. The same, June 13, 1856.

81. Part of census book, 1856.

82. Statement from Hudson's Bay House, London, show-
ing balance to the credit of the Government of Assiniboia, June
12, 1857.

83. The same, June 11, 1858.

84. Statement of account of Government of Assiniboia with
Lower Red River District, 1858.

85. Statement showing import duty payable by the H. B.
'Co., Eeb. 12, 1859.

86. Public Account of the Government of Assiniboia, 1858.

87. Statement of work done on public roads, April 26,
I860.

88. Accounts handed in to General Court, June 5, 1862.

89. Power of Attorney from William Flett to William
Robert Smith, Clerk of the Council, June 5, 1862.

90. Promissory note filed in court, June 2, 1862.

110

CANADIAN ARCHIVES

91. Petition regarding duty on liquor, Jan. 21, 1863. (1)

92. Petition regarding duty on liquor, Mar. 1, 1863.(1)

93. Statement regarding work on public roads and pur-
chase of wolf heads, May 26, 1865.

94. Petition for formation of cavalry companies for pro-
tection against Sioux, 1864.

95. Frangois Bruneau's account with Government, 1864.

96. Correspondence between Governor Dallas and Major
Hatch regarding Sioux Indians, Mar. 4, 1864.(2)

97. Petition regarding irregularities in the post office at
Winnipeg, Aug. 30, 1865.(3)

98. Bills of Exchange payable at Hudson's Bay "House,
London, 1865.

99. Petition from Dr. Couvenant for sum of money for
medicines for the poor, Dec. 17, 1868.(4)

100. Letter from Rev. Jas. Carrie asking for clothing for
widows and orphans, Dec. 12, 1868.(5)

101. Complaint of obstruction of public road.(6)

102. Petition regarding license to distil whiskey and malt
liquors. (7)

103. Petition from Government at Portage la Prairie, Dec.
16, 1868.(8)

104. Statement of need of relief during grasshopper plague,
Mar. 8, 1869.

105. Petition that Alex. Harkness be granted a license as
tavern keeper, April 4, 1869.(9)

106. Petition regarding ferry on the Red River, May 15,
1869.(10)

107. The account of the Thomas Sinclair Estate, June,
1869.

108. Draft of an address by the Bishop of Rupert's Land
which would have been presented by the Council of Assiniboia
to Hon. Wm. McDougall had his entry to the country not been
checked. (11)

See Minutes of Council of Assiniboia, March 11, 1863.

March 12, 1864.
January 4, 1866.
January 28, 1869.
December 17, 1868.
January 4, 1866.
December 17, 1868.
December 29, 1868.
May 17, 1869.
May 17, 1869.
October 19, 1869.

PIONEER LEGISLATION I LI

109. Minutes of a meeting of the Council of Assiniboia,
Oct. 25, 1869. (1)

110. Letter from Councillors of Assiniboia to Governor
Mactavlsh, 1869.(2)

111. Letter from Judge Black to Thomas Bunn, Nov. 4,
1869.

XI. Begg. — Red River Journals, 1869-70.
2 Vols. in MSS. in the Dominion Archives (M. 191-192),

XII. Pamphlets and Books in the Dominion Archives.

1. A letter to the Right Hon. the Earl of Selkirk on his
Settlement at the Red River near Hudson's Bay. By John
Strachan, D.D., Rector of York, Upper Canada, London, 1816.

2. A sketch of the British Fur Trade in North America
with observations relative to the North West Company of
Montreal. By the Earl of Selkirk, second edition, 1816.

3. A narrative of occurrences in the Indian Countries of
North America, since the connexion of the Rt. Hon. the Earl
of Selkirk with the Hudson's Bay Company and his attempt
to establish a colony on the Red River; with :a detailed account
of His Lordship's military expedition to and subsequent pro-
ceedings at Fort William in Upper Canada, London, 1817.

4. Statement respecting the Earl of Selkirk's Settlement
upon the Red River; its destruction in 1815 and 1816 ; and the
massacre of Governor Semple and his party. With observations
upon a recent publication entitled " A Narrativ of Occurrences
in the Indian Countries." London, 1817.

5. Report of the Trials of Charles de Reinhard and Archi-
bald McLellan for Murder at a Court of Oyer and Terminer,
held at Quebec, May, 1818, from minutes taken in short hand
under the sanction of the court. Montreal, 1818.

6. Trial of John Siveright, Alexander MacKenzie, Hugh
McGillis, John McDonald, John McLaughlin and Simon
Eraser, 1818.

7. Report at large of the Trial of Charles de Reinhard for
murder (committed in the Indian Territories) at a court of
Oyer and Terminer held at Quebec, May 18 ; to which is
annexed a summary of Archibald McLellan's indicted as an
accessory. By William S. Simpson, Esouire, Montreal, 1819.

1 See Minutes of Council of Assiniboia, October 25, 1869.
* " " " " October 19, 1869.

112 CANADIAN ARCHIVES

8. Report of the proceedings connected with the disputes
between the Earl of Selkirk and the North West Company at
the assizes held at York in Upper Canada, October, 1818.
From minutes taken in court. Montreal, 1819.

9. Papers relating to the Red River Settlement, viz.,
-return to an Address from the Honourable House of Commons
tc His Royal Highness The Prince Regent, dated June 24,

1819. P. F. 104, No. 1.

10. Report of trials in the courts of Canada relative to the
destruction of the Earl of Selkirk's Settlement on the Red
River with observations. By A. Amos, London, 1820.

11. The Substance of a Journal during a residence at the
Red River colony, British North America, and frequent excur-
sions among the North West American Indians in the years

1820, 1821, 1822, 1823. By John West, late Chaplain to the
Hon. the Hudson's Bay Company, London, 1824.

12. History of Manitoba from the earliest settlement to
1835. By Donald Gunn, 1880.

13. Hudson's Bay Co., papers. Return to an Address of
the House of Commons, May 26, 1842. P. F. 104, No. 2.

14. Hudson's Bay Company papers. Return to an Address
-of the House. of Commons. Feb. 9, 1849. P. F. 104, No. 3.

15. Papers relating to the legality of the powers in respect
to territory, trade, taxation and government claimed or exer-
cised by the Hudson's Bay Company on the continent of North
America, under the Charter of Charles the Second, or in virtue
of any other right or title. July 12, 1850. P. F. 104, No. 4.

16. Hudson's Bay Company papers. 'Return to an Address
of the House of Commons, Feb. 19, 1857. P. F. 104, No. 5.

17. Hudson's Bay Company papers. - Return to an Address
-of the House of Commons, May 29, 1857. P. F. 104, No. 6.

18. Report from the Select Committee on the Hudson's
Bay Company, together with the proceedings of the Com-
mittee, Minutes of Evidence, appendix and index. July 31,
Aug. 11, 1857. P. F. 105, No. 1.

19. Hudson's Bay Company papers. Return to an Address
•of the House of Commons, Feb. 16, 1858. P. F. 105, No. 2.

20. Papers relative to the Hudson's Bay Company's Char-
ter and License of Trade. Presented to Parliament April,
1859. P. F. 105, No. 3.

21. Hudson's Bay Company papers. Return (in part)
1e an Address of the House of Lords. July 2, 1863. P. F.
105, No. 4.

PIONEEB LEGISLATION 113

22. Keturn in continuation of above, July 2, 1863. P. F.
105, No. 5.

23. Return to an Address of the House of Commons, May
6, 1864. P. F. 105, No. 6.

24. Keturn to an Address of the House of Commons, Aug.
5, 1869. P. F. 105, No. 7.

25. Statement of proceedings taken by the Lords Commis-
sioners of the Treasury to give effect to the guarantee of a loan
for 300,000 pounds. P. F. 105, No. 8.

26. Return to an Address of the House of Commons, July
21, 1870. P. F. 105, No. 9.

27. Correspondence relative 'to the Recent Disturbances in
the Red River Settlement. Presented to Parliament, Aug.,

1870. P. F. 105, No. 10.

28. Correspondence relative to the recent Expedition to the
Red River Settlement with Journal of operations. Presented
to Parliament, 1871. P. F. 105, No. 11.

29. Report on the Red River Expedition of 1870. By
Assistant Controller Irvine, C.M.G. Presented to Parliament

1871. P. F. 105, No. 12.

30. Notes of a Twenty-five Years Service in the Hudson's
Bay Territory, 2 vols. By John McLean, 1849.

31. The Red River Settlement. Its rise, progress and
present state with some account of the native races and its
general history to the present day. By Alexander Ross. 1856.

32. Papers relative to the exploration of the country be-
tween Lake Superior arid tlio Rod River Settlement. Presented
to both Houses of Parliament.

33. Papers relative to the exploration by Captain Palliser
of that portion of British North America which lies between
the Northern Branch of the River Saskatchewan and the
frontier of the United States and between the Red River and
Rocky Mountains. Presented to Parliament, June, 1859.

34. Report of Progress together with a preliminary and
general report of the Assiniboine and Saskatchewan exploring
expedition made under instructions from the Provincial
Secretary, Canada. By Henry Youle Hind. Presented to
Parliament, Aug., I860*.

35. Red River. By Joseph James Hargrave, F.R.G.S.,
Montreal, 1871.

36. Relations between the United States and North West
British America. Letter from the Secretary of the Treasury
in answer to a resolution of the House of Representatives on

28159—8

114 CANADIAN ARCHIVES

May 20, 1862, on the subject of the relations with Northwest
British America " particularly the central districts of the Red1
Eiver of the North and the Saskatchewan." Laid on the table,
July 11, 1862.

XIII. The Nor'Wester.

The first newspaper at Red River. The first number wa&
published Dec. 28, 1859. An incomplete file is preserved im
the Provincial Library, Manitoba.

XIV. The Red River Pioneer, The New Nation.

The first number of the Red River Pioneer appeared Dec.
1, 1859. On Jan. 7, 1860, appeared two outside pages en1-
titled " The Red River Pioneer/' and two inside pages en-
titled " The New Nation." These inside pages formed part of
another paper entirely, called " The New Nation." These-
papers are preserved in the Provincial Library, Manitoba,

PIONEEK LEGISLATION 115

3. THE COUNCIL OF THE NORTH WEST TERRI-
TORIES AT FORT GARRY.

Section 35 of the Manitoba Act (33 Vic., chap. 4) reads as
follows : —

" And with respect to such portion of Rupert's Land and
the North West Territory as is not included in the Province
of Manitoba, it is hereby enacted that the Lieutenant Governor
of the said Province shall be appointed by commission under
the Great Seal of Canada, to .be Lieutenant Governor of the
same under the name of the North West Territories."

Addressing the legislature of Manitoba on the 8th of
March, 1873, Lieut, Governor Morris ©aid: —

" A country of vast extent which is possessed of abundant
resources is entrusted to your keeping, a country which though
at present but sparsely settled, is destined, I believe, to become
the home of thousands of persons, by means of whose industry
and energy that which is now almost a wilderness will be
quickly transformed into a fruitful land where civilization
and the arts of peace will nourish."

According to the ' Act for the temporary Government of
Rupert's Land and the North Western Territory when united
with Canada,' June 22, 1869, the Governor-in-Council was
empowered to appoint a council of not exceeding fifteen nor
less than seven persons, to aid the Lieutenant Governor in the
administration of affairs with such powers as may from time
to time be conferred on them by Order in Council.' This
power was also granted with special relation to the portion of
Rupert's Land and the North Western Territory not included
in the Province of Manitoba, that is, the North West Terri-
tories, by 34, Vic. chap. 16, sec. 3, entitled ' An Act to make
further provision for the government of the North West Terri-
tories.' The appointment of North West Councillors, thus,"
lay with the Dominion Government.

The early Lieutenant Governors of the North West Terri-
tories received their appointment as Lieutenant Governors of
loth Manitoba and the North West Territories. Of these the
first was Hon. Adams G. Archibald/15 Within a few weeks

1Hon. Adams G. Archibald, May, 1870; Hon. Francis Goodschall
Johnson, April 9. 1872; Hon. Alexander Morris, December 2, 1872. The
first Lieutenant Governor appointed for the North West Territories
alone was Hon. David Laird, P.O., who on October 7, 1876 received his
appointment under the North West Territories Act, 1875.
28159— 8}

116 CANADIAN AECHIVES

after liis arrival at Fort Garry an outbreak of small-pox
wrought tremendous havoc among the Indians of the Saskat-
chewan. In order that prompt measures might be taken
to meet this crisis the Lieutenant-Governor, on Oct.
21, 18TO, appointed Hon. Francis G. Johnson, Donald A.
Smith and Pascal Breland to be members of the Executive and
Legislative Councils for Rupert's Land and the North Western
Territory. According to the Lieutenant-Governor these gave
a fair representation to the three great interests of the West, —
the English, represented by Judge Johnson, the French by Mr.
Breland and the Hudson's Bay Company by Mr. Smith. On
Oct. 22, they were sworn into office and entered upon their
legislative and executive duties. Stringent ordinances were
passed with reference to smallpox and spirituous liquors. (1)
The Lieutenant-Governor at once sent to the Secretary of State
for the Provinces a report of the measures he had taken. This
•official replied asking under what authority he had made the
appointments. He reminded the Lieutenant-Governor that the
appointment of Councillors lay with the Governor General in
Council. He expressed his belief, however, that the gentle-
men appointed had been chosen after full consideration, and
that the Government would be prepared to confirm their
appointments when made in the regular way* As the minimum
number of Councillors was fixed at seven, the Secretary of
State for the Provinces asked that a list of gentlemen, eligible
for the position, should be transmitted to enable the Govern-
ment to select a Council of Seven.

^The Lieutenant-Governor wrote, — " Unfortunately, al-
though I had then been in the Province from the 3rd Septem-
ber, nearly eight weeks, my books and papers despatched from
Ottawa on the 6th August had never reached this place, and in
all Manitoba not a single copy of the Acts of 1869 was to be
found. I had but a vague recollection of the terms of the
Rupert's Land Act, but I assumed that substantially it would
be the same with the Manitoba Act, so far as1 -my power of
appointment was concerned. Judge Johnson with whom I
conferred could not add to my information. Mr. Donald A.
Smith, who was the Commissioner of the Government of Can-
ada during the time the Act was applicable to the whole North
West could give no particulars. Accordingly I did the best
I could in the emergency and selected three Gentlemen for
Councillors ....................................

1The ordinance relating to smallpox is given in this volume. That
relating to spirituous liquors was reenacted March 8, 1873. It aimed to
prevent the sale of spirituous liquors in the North West Territories.

PIONEER LEGISLATION

Meanwhile about the 5th inst. my books arrived, and when L

turn to the Rupert's Land Act I find that I have-

been all wrong and that I have been exercising functions be-
longing to the Governor General One lesson I

shall learn from what has taken place, that is, never again,,
however great the apparent necessity, to assume to act under a
statute on a mere vague recollection of its terms."

The appointment of the Council of Three had been ultra
vires. The measures which had been taken' to prevent the
spread of smallpox had nevertheless been regarded as valid in
the Territories and proved effective in limiting the area of
contagion. The legislation to prevent the sale of spirituous
liquors in the North West Territories was re-enacted by the
Council of the North West Territories on Mar. 8, 1873. And
the Councillors themselves, Messrs. Johnson, Smith and Bre-
land, were., together with Lieutenant Governor Archibald, on
Nov. 25, 1870, appointed Commissioners to administer oaths-
in the North West Territories. (1)

On Dec. 9, 1870, the Lieutenant-Governor submitted the
names of the following as Councillors, —

Bishop of Rupert's Land,

Bishop of St. Boniface,

Hon. F. G. Johnson,

D. A. Smith,

Pascal Brelan(d),

Robt. Hamilton,

Jas. McKay,

A. Boyd,

K. McKenzie,
(2)Geo. d'Eschambault,(3)

On Nov. 23, 1871, the Lieutenant Governor sent another
letter submitting additional names to the Secretary of State for
the Provinces. This letter has disappeared, and the names of
those recommended are no longer known. The Canada Gazette
of April 20, 1872, simply added to the list of the Commis-
sioners to administer oaths, the names of Gilbert McMicken
raid William Osborne Smith.

1 Canada Gazette, December 3, 18*70.

2 This letter bearing date of December 9, 1870 was Despatch No. 66,
from the Lieut. Governor, Fort Garry. It was letter 556/870 on the
files of the Secretary of State for the Provinces. It was received Decem-
ber 29. In 1873 it" was transferred to the Department of the Interior.
Only the names of the Councillors recommended are preserved in the
Index. In the same way Letter 1010 of November 23, 1871 bearing recom-
mendations of other names of Councillors has disappeared from the files,

* He was a Roman Catholic of St. Boniface, born in Quebec, 1806.

118 CANADIAN" AECHIVES

On Dec. 28, 1872, under the provisions of 34 Viet. ch. 13,
sec. 3, a Council of eleven persons was appointed consisting of
the following gentlemen(1), —

Marc Amable Girard,

Donald Alexander Smith,

Henry James Clarke,

Pascal Breland,

Alfred Boyd,

John Christian Schultz, M.D.,

Joseph Dubuc,

Andrew Graham Ballenden Bannatyne,

William Fraser,

Robert Hamilton,

William Joseph Christie.

Their function was to aid the Lieutenant-Governor in the
administration of the affairs of the North West Territories
with such powers as might be from time to time conferred
upon them by Order-in-Council. Their appointment constitutes
the beginning of formal government for the Territories.

On May 3, 1873, power was given to raise the maximum
number of Councillors to twenty-two. On Oct. 22, 1873,(2)
were appointed : — .

Joseph Royal,

Pierre Delorme,

Walter Robert Bown.

And on Oct. 30, 1873,(3)

James McKay,

William Nassau Kennedy.

On Mar. 26, 1874, John H. McTavish was appointed in
place of William J. Christie who had resigned. William Tait
and Robert Cunningham also became Councillors on the same
date. No further appointments were made prior to the in-
auguration of the new system of administration established by
ihe North West Territories Act, 1875.

The Minutes of this North West Council which met at
Fort Garry are herewith published for the first time. They
have been preserved . in a Minute Book in the Provincial
Library of Manitoba. They cover twenty sessions held on the
following dates, —

1873— Mar. 8, 10.

Sept. 4, 8, 11, 13.

1 Canada Gazette, January 4, 1873.
8 " November 15, 1873.

• " " April 11, 1874.

PIONEER LEGISLATION 119

1874— Mar. 11, 12, 14, 16.

June 1, 2.

Dec. 3, 4, 7.
1875— Nov. 23, 24, 25, 29.

Dec. 14.

During the period covered by these Minutes, Hon. Alex-
ander Morris was Lieutenant Governor.

THE MEMBERS OF THE COUNCIL. (1)

HON. ADAMS GEORGE ARCHIBALD. — Born at Truro, N.S.,
May 18, 1814, Mr. Archibald received his education at Pictou
Academy. In 1838 he was called to the Bar of Prince Edward
Idand, and a year later to that of Nova Scotia. He entered
Parliament in 1851, and \vas Solicitor General of Nova
Scotia, Aug. 14, 1856-Feb. 14, 1857, and Attorney General,
Feb. 10, 1860-June 11, 1863. He attended the Charlottetown,
'Quebec and London Conferences. He was -sworn of the Privy
Council, July 1, 1867, and became Secretary of State for the
Provinces. He was Lieutenant-Governor of Manitoba and the
North West Territories May, 1870-May, 1873. During these
years he laid the foundations of Provincial and Territorial
institutions. He concluded Indian Treaties Nos. 1 and 2 with
the Chippewa and Swampy Cree Indians. On June 24, 1873,
he was appointed Judge in Equity of Nova Scotia. On July
a., 1873, he succeeded Hon. Joseph Howe as Lieutenant-Gov-
ernor of Nova Scotia.

HON. FRANCIS GOODCHALL JOHNSON, Q.C. — See Council
of Assiniboia.

HO-N. ALEXANDER MORRIS. — Born at Perth, Upper Canada,
Mar. 17, 1826, he was the son of Hon. William Morris who
served as Captain in the war of 1812, was member for Lanark
in the Upper Canada Assembly, asserted claims of Church of
Scotland to the Clergy Reserves, was member of Legislative
'Council, Receiver General and President of the Council, and
died in 1858.

Alexander Morris was articled as student at law with Sir
John A. Macdonald, was first graduate of Arts in McGill
University and was called to the Bar in 1851. In 1861 he was
elected to the Legislative Assembly for South Lanark. He ad-
vocated Confederation. He promoted the Macdonald-Brown

'In this list are included only the Lieutenant Governors and those
who were actually appointed Councillors. It does not contain the names
of those merely recommended for appointment.

120 CANADIAN ARCHIVES

coalition. In November, 1869, he became Minister of Inland
Revenue. Three years later he resigned owing to ill-health.
He was appointed Chief Justice of Manitoba where the only
judicial tribunal had been the Quarterly Court of the District
of Assiniboia. Two months later, during the absence on leave
of Lieutenant-Governor Archibald he was appointed Adminis-
trator of the Province. On December 5, 1872, he succeeded
him as Lieutenant-Governor of Manitoba and the North West
Territories at a salary of $10,000. On its creation sub-
sequently he became Lieutenant-Governor of Keewatin. He
was also appointed, June 16, 1873, Chief Superintendent of
Indian Affairs in the Manitoba Superintendency. As one of
the special Commissioners he made Indian Treaties Nos. 3, 4,
5 and 6 and revised Nos. 1 and 2. He was the author of
" Nova Britannia," " The Treaties of Canada with the Indians
of Manitoba, the Northwest Territories and Keewatin." In
January, 1876, he was appointed a Commissioner under 38
Viet. ch. 53, to deal with conflicting claims to lands of occu-
pants in Manitoba.

HON. MARC AMABLE GIRARD. — He was born at Varennes,.
P.Q., April 25, 1832. He studied at St. Hyacinthe College.
He was called to be a notary of Lower Canada in Feb., 1844r
and practised at Varennes till August, 1870. He was an un-
successful candidate for Montarville in 1858, and for Hoch-
elaga in 1862. In 1870 he went to Manitoba. " On Sep-
tember 19, 1870, he was sworn in as member of the Lieu-
tenant-Governor's Council and Provincial Treasurer. He was
elected by .acclamation to the Legislative Assembly for St.
Boniface East. On December 13, 1871, he was called to the
Senate and nominated senior member for the North West
Council. Qn July 8, 1873, he was called upon to form a
gcvernment in Manitoba. He held the portfolio of Provincial
Secretary, and subsequently that of Minister of Agriculture.
He was President of the St. Jean Baptiste Society, the Society
of Colonization and the Selkirk Agricultural Society. He
attended fifteen meetings of the Council of the North West.
He died September 12, 1892.

HON. DONALD ALEXANDER SMITH. — He was }>orn August
6, 1820, at Forres, Scotland. In 1838 he was sent to Labrador
iu the service of the Hudson's Bay Company. He became in
turn Chief Trader under Governor Simpson and Chief Factor
under Governor Dallas. In 1868 he became Chief Factor in
charge of the Hudson's Bay Company's Montreal Department^

PIONEER LEGISLATION 121

with headquarters at Montreal. In December, 1869, he was
appointed special commissioner to enquire into the nature of
the Red River trouble. As representative of the Company he
v/as appointed Chief Civil Authority by Col. Wolseley, pending
the arrival of Lieutenant Governor Hon. A. G. Archibald, and
it was by him that the sovereignty of the Company was
handed over to the latter. In October, 1870, he was
appointed, with Hon. F. G. Johnson and Pascal
Breland, a member of Lieutenant Governor Archibald's
Executive Council of the North West Territories. In
December, 1870, he was elected representative for Winni-
peg and St. John, for the first Legislative Assembly of
Manitoba. On March 2, 1871, he was elected member
of the House of Commons for • Selkirk. In 1871, he was
appointed Chief Commissioner to assume* control of the
Hudson Bay Company's affairs in the North West. On
November 7, 1885, he drove the last spike of the Canadian
Pacific Railway at Craifrellachie, B.C. In 1886, he received
the Knighthood of the Order of St. Michael and St. George.
in 1889 he was chosen Governor of the Hudson's Bay Com-
pany. In 1896 he succeeded Sir Charles Tupper as High Com-
missioner for Canada. In 1897 he was created Baron Strath-
cona and Mount Royal of Glencoe, Argyllshire, and Montreal,
Canada. In the South African War he raised and equipped a
troop from Western Canada. He attended six meetings of the
Council.

HON. HENRY JAMES CLARKE, Q.C.— He was born
in County Donegal, Ireland. He came to Red River
shortly after the arrival of the Wolseley expedition. He
was returned for St. Charles in the first Provincial Legislature
of Manitoba, and became a member of the Executive Council
and Attorney General. At the close of its first session the
Legislature passed the unanimous resolution, — "That the best
thanks of the House are justly due to the Honourable Attorney
General Clarke for the valuable services rendered by him to this
Province, for his unceasing labours during the first session of
our Parliament," In his official capacity he prosecuted Fenian
prisoners. In September, 1871, he represented Manitoba at
the Immigration Conference at Ottawa. He became Premier
of Manitoba. He was appointed legal adviser to the Council
of the North West with a salary of $1,000. He attended five
meetings. Mr. Clarke died September 13, 188'J.

.122 CANADIAN ARCHIVES

HON. PASCAL, BRELAND.- — A half breed, he was born in
1810, the son of Pierre Breland. His wife was a daughter of
Cuthbert Grant, Warden of the Plains, and he succeeded to
much of the influence of his father-in-law over the Metis.
He was a member of the Committee formed in
1849 by Louis Kiel, Sr., to secure free trade in
Jurs. He was appointed magistrate of the White
Horse Plain District on October 16, 1850 ; Petty Judge of the
.same November 27, 1851; census taker of the parish of St.
Francis Xavier, in 1856 ; member of the Board of Works May
27, 1856. He was admitted Councillor of Assiniboia on
-September 19, 1857, and attended twenty-two meetings. He
was appointed Petty Magistrate for the local court of the White
Horse Plain District, November 5, 1861, and President of the
White Horse PJain District Petty Court at a salary of
> £8, August 3, 1863. He lived in the Parish of St. Francis
Xavier. With Solomon Hamlin he wintered, 1869-70, near
the Qu'Appelle Lakes, and in the Spring they prevailed upon
the Metis winterers not to join Kiel at Fort Garry. He
became a member of the Legislative Assembly of
Manitoba and of Lieutenant-Governor Archibald's Executive
Council for the North West Territories. He was present at
seventeen meetings of the North West Council at Fort. Garry.
He attended the North West Council at Battleford and Regina
in 1878-1887 as appointed member. He became a merchant
at Cypress Hills.

HON. ALFRED BOYD. — He was a wealthy Englishman of
Redwood Place, St. John's Parish, and had been resident in
'the country for several years carrying on commercial business.
He was one of the 40 delegates that met in the Court House
back of Fort Garry on January 25, 1870 to draft a Bill of
Rights. In 1870 he and the Hon. M. A. Girard were called
upon by the Lieuten ant-Governor to assist in putting the law
: into operation in Manitoba, pending the elections for the Legis-
lative Assembly, he as representative of the English, ,andi his
colleague of the French section of the community. Mr. Boyd
was appointed Provincial Secretary in September 1870. In
the first Provincial Legislature of Manitoba he was returned
'-for St. Anlrew's North and became Minister of Public Works
and Agriculture. He was present at seven meetings of the
North, west Council. He .afterwards retired to England.

HON. JOSEPH DUBUC. — He was born at Ste. Martine, P.Q.,
.'December 26, 1840. He was educated in Montreal and secured

PIONEER LEGISLATION 123

;iiis B.C.L. at McGill University in 1869. He was returned
for Baie St. Paul to the first Legislative Assembly of Manitoba,
December, 1870, and was member till 1878. He was called to
the Manitoba Bar, 1871. He became editor of Le Metis. He
was one of the two Commissioners appointed to investigate the
right to the Hay Privilege claimed by the settlers on the Red
and Assiniboine Rivers. In 1872 he became member of the
Council of the North West Territories. In the same year he
was appointed Superintendent of the Roman Catholic Section
ol" the Board of Education for Manitoba. In 1874 he became
legal adviser of the North West Council and Attorney General
of Manitoba. He was Speaker of the Legislative Assembly
1875-1878. He was president of the St. Jean Baptiste Society
of Manitoba for 1875, and of the Manitoba Colonization Society
for 1877. In 1877 he was chosen as representative of St.
Boniface College in the Council of the University -of Manitoba.
In 1'878 he was elected by acclamation member for Provencher
in the House of Commons. On November 13, 1879, he was
appointed Puisne Judge of the Court of Queen's Bench for
Manitoba. In 1903, he became Chief Justice of the Court of
King's Bench. In 1912 he was knighted. He was present at
nineteen meetings of the North. West Council at Fort Garry.

Hox. ANDREW GKAHAM BALLENDEN BANNATYNE. — Born
in the Orkney Islands in 1829, he was the .son of a Government
Fishery Officer, at Stromness. Both his grandfather and great
grandfather were Governors of districts in the service" of the
Hudson's Bay Company. Mr. Bannatyne himself, served at
Norway House under Andrew McDermot. In 1851 he went
into business for himself. He was appointed Petty .Magistrate
of the Middle District of Assiniboia on November 5, 1861;
Petty Judge of the Third Section with a salary of £5 on
April 11, 1862; Postmaster, November 25, 1862; President
of the Petty Court, Middle District, with salary of £16
August 3, 1865. He attended for the first time as Councillor
of Assiniboia, January 23, 1868, and in that capacity attended
12 meetings. He married a daughter of Andrew McDermot
and was brother-in-law to Governor Mactavish. He was
nominated PostmasterGeneral in the Second Provisional Gov-
ernment of February 9, 1870, and was Postmaster at Fort
Garry and Inspector of Post Offices in Manitoba until 1874. In
the election of 1873, he unsuccessfully contested Selkirk with
Hon. D. A. Smith. On March 31, 1875, he succeeded Louis
Riel as representative of Provencher on his expulsion from the

124 CANADIAN ARCHIVES

House of Commons. He attended nineteen meetings of the-
North West Council at Fort Garry. In religion he was a
Presbyterian. He died May 18, 1889. (See Council of
Assiniboia.)

HON. JOHN CHRISTIAN SCHULTZ. — He was born at
Amherstburg, Essex County, Ontario, January 1840, of Scan-
dinavian descent. He studied at OberMn College, Ohio, and
Queen's College, Kingston. He received the degree of M.D. in
1£60. In Ked Eiver he purchased the Nor' Wester established
by Buckingham and Coldwell and combined the practice of
medicine and journalism. He opposed the Hudson's Bay Com-
pany and became the leader of the Canada party. He was made
prisoner by Kiel on December 7, 1869, but escaped January
23, 1870. In 1871 he was elected member for Lisgar in
the House of Commons. He was appointed a member
of the North West Council and attended nine meet-
ings. He was chosen president of the Manitoba Board
of Trade; member of the Dominion Board of Health
for Manitoba and the North West Territories; director of the
Manitoba Central Railway and the Manitoba North Western
Railway ; president of the North West Trading Company ; and
Governor of the Manitoba Medical Board. He favoured a
prohibitory liquor law. In 1883 he became Senator. He was
Lieutenant-Governor of Manitoba, July 1, 1888 — September 2,
1895. He died in Mexico, 1896.

HON. WILLIAM ERASER. — He had been appointed on April
9, 1863, Road Superintendent of the Middle Section of Assini-
boia, at a salary of £15. He became a Councillor of
Assiniboia 'and attended for the first time on June 23, 1868.
He was present at eleven meetings1 of the Council of Assini-
boia, and at seventeen of the North West Council. He resided
on the west side of the Red River, north of the parish of St.
John's.

HON. ROBERT HAMILTON, — He became a Chief Factor of
the Hudson's Bay Company in 1867. In 1872 he was made an
Inspecting Chief Ea-ctor on the reorganization of the Com-
pany. He was married to a daughter of Chief Eactor Robert
Miles. He was present at eleven meetings of the North West
Council. On his retirement he went to Brockville, Ontario.

WILLIAM JOSEPH CHRISTIE. — Son of Alexander Christie,.
Chief Eactor and twice Governor of Assiniboia. He was made
Chief Factor of the Hudson's Bay Company at Fort

PIONEER LEGISLATION 125

^Edmonton in 1860. Later as Chief Factor he was
in charge of the Saskatchewan District. Begg (History
of the North West, Vol. 11, page 233) says that
he travelled from Fort Simpson on the Mackenzie
Kiver to Fort Garry by dog train a distance of 2,000
miles in 55 days of actual travel to attend the first meeting of
the Council. His name, however, does not appear on the lists
of those present at any meeting in the minute . book above
referred to. He took part with Hon. Alex. Morris and Hon.
David Laird in effecting a treaty with the plains Indians, Crees
.and Chippewas, about Qu'Appelle, September 15, 1874, and
acted as Indian Commissioner to secure the adhesion of Cree,
Saulteaux and Assiniboine Indians, and to negotiate Treaty
.No. 6.

HON. JAMES McKAY. — He was born at Edmonton. He
was Sir George Simpson's special voyageur over the old Crow
Wing trail from St. Paul to Fort Garry. He became president
of the White Horse Plain District Court in Assiniboia. As
Councillor of Assiniboia he attended eight meetings of the
Council beginning January 23, 1868. He was President of
the Executive Council in the first Provincial Cabinet, Speaker
of the first Legislative Council and later Minister of Agricul-
ture of Manitoba. He assisted in negotiating Indian Treaties
!N"os. 1, 2, 3, 5, and 6. He attended twelve meetings of the
North West Council. He was a halfbreed. Rev. James
Taylor writes, " Jeemie McKay was proud of the fact that,
always on the tenth day of their start from Crow Wing at the
stroke of noon from the Fort Garry bell, he landed Sir George
at the steps of the Chief Factor's House. Relays of horses
enabled him to do this, rain or shine ; and the slightest stoppage
in muskeg or stream found McKay wading in to bring Sir
George on his broad shoulders to dry land." In his Saskat-
chewan and the Rocky Mountains, (pp. 8, 9, et passim) the
Earl of Southesk says, —

" James McKay accompanied us. His appearance greatly
interested us, both from his own personal advantages and be-
cause he was the first Red River man that I had yet beheld. A
Scotsman, though with Indian blood on the mother's side, he
was born and bred in the Saskatchewan country, but after-
wards became a resident near Fort Garry and entered the Com-
pany's employ. Whether as guide or hunter he was universally
reckoned one of their best men. Immensely broad chested
.and muscular, though not tall, he weighed eighteen stone; yet

126

CANADIAN ARCHIVES

in spite of his stoutness lie was exceedingly hardy and active-
and a wonderful horseman."

" His face, somewhat Assyrian in type, is very handsome,
short, delicate, aquiline nose; piercing dark grey eyes; long
dark brown hair, beard and moustache ; white, small and
regular teeth ; skin tanned to red bronze from exposure to-
weather. He was dressed in Red River style, — a blue cloth
' capot ' (hooded frockcoat) with brass buttons ; red and black
flannel shirt which served also for waistcoat; black belt round
the waist, buff leather mocassins on his feet ; trousers of brown
and white striped home-made woollen stuff."

HON. LT.-COL. WILLIAM NASSAU KENNEDY. — Born at
Darlington, Ont., he came to Winnipeg with Lord Wolseley's
expedition as a Lieutenant in the Ontario Rifles. In 1872 he
was appointed Registrar of Deeds for Selkirk. In 1873 he
was appointed to the North West Council. He was present at
thirteen meetings of that body. In 1875 and 1876 he was
Mayor of Winnipeg. He was Lieutenant-Colonel of the Win-
nipeg Field Battery. In 1883 he retired and assumed com-
mand of the 90th Winnipeg Rifles. He was one of -the pro-
moters of the Manitoba and North Western Railway and Tice
President of the Manitoba and Hudson's Bay Railway Com-
pany. In the Egyptian campaign under Lordi Wolseley he
was paymaster of the Canadian Voyageurs. He contracted
smallpox at Dongola and died on May 3, 1885, at Highgate
Hospital London. His- remains were accorded the honours of
a military funeral. In appreciation of his services, Queen
Victoria bestowed) a pension of £50 per annum upon his widow,
and £12 per annum on each of his children.

HON. DR. WALTER ROBERT BOWN. — He was born in
Ontario and came to the Red River about 1866. In 1868 he
purchased the Nor' Wester from Dr. Schultz. He attended
eleven meetings of the North West Council. He was for several
years private secretary to the Lieutenant-Governor of Manitoba
arid Keewatin. His name often appears wrongly as Bohn and
Brown.

HON. JOSEPH ROYAL. — He was born at Repentigny, P.Q.,
May 7, 1837. He was educated at St. Mary's College, Mont-
real. He devoted some of his early years to journalism. For
some years he was assistant French translator to the Canadian
Assembly. He was called to the Bar of Lower Canada in 1864,
and of Manitoba in 1871. He established Le Metis, at Winni-
peg. He was associated with Hon. J". A. Chapleau as a counsel

PIONEER LEGISLATION 127'

for the defence in the trials, Queen vs. Ambroise Lepine and
Queen vs. Naud. In 1871 he was elected Speaker of the first
Legislative Assembly of Manitoba, and was appointed Super-
intendent of Catholic Schools and member of the Board of
Education. He subsequently became Provincial Secretary,
Minister of Public Works and Attorney General of Manitoba.
In 1873 he became member of the North West Council. He*
was regarded as leader of the Metis and French Canadians of
Manitoba. He was Vice Chancellor of the University of Mani-
toba and Commissioner for the Consolidation of the Statutes
of the Province. He was author of the School Law of"
Manitoba, 1873, of the system of registration of deeds, and the
mode of collecting vital statistics. He represented the Prov-
ince at Ottawa as delegate asking for better terms and the en-
largement of the boundaries. He was Lieutenant-Governor of
the North West Territories, July 1, 1888-October 31, 1893.
He died August 23, 1902.

HON. PIEKRE DELORME. — A Roman Catholic half breed,.,
lie was born at .St. Boniface October 1, 1§31. He was a repre-
sentative for Pointe Coupee in Kiel's Convention of December
21, 1869. On December 30, 1870, hq was elected to represent
South St. Norbert in the Legislative Assembly of Manitoba,
and on March 2, 1871, Provencher in the Hotise of Commons.
He was a member of the Provincial Board of Education and5
became Minister of Agriculture for Manitoba in 1878. In
December, 1873, he was nominated member of the North West
Council and attended six meetings of that body. There is a~
description of Delorme in J. C. Hamilton's " The Prairie
Province," ch. xiii.

HON. JOHN H. McTAVisn. — A grandson of Sir George-
Simpson, who had him . educated at the Jesuit College,
Montreal. He was born at Grafton, Ontario, on June
11, 1837, the son of Donald McTavish, and entered the-
Hudson's Bay Company's service in 1856. He became Chief
Accountant for the Company at Eort Garry and lived in St.
.Tames. He was elected by acclamation for St. Anne in the
lirst Legislative Assembly of Manitoba. In 1874 he became a
member of the North West Council and was present at seven
meetings. In the same year he attained the rank of Chief
Factor. In iSfel he was appointed Chief Land Commissioner
of the Canadian Pacific Railway. In religion he was a
Roman Catholic.

128 CANADIAN AECHIVES

Hox. WILLIAM TAIT. — He was a native of the Red River
Settlement and was engaged in farming in the parish of Head-
ingly. On March 11, 1863, he was appointed one of the Petty
Magistrates for the White Horse Plain District. He was
chosen in 1869, as representative of the English District of
Headingly in the Convention of Twenty-four (12 English, 12
/French). He was present at six meetings of *the North West
Council. In December, 1874, he unsuccessfully contested
Headingly with John Taylor in the Provincial election.

Hox. ROBERT CUNNINGHAM. — On March 26, 1874, he was
appointed a member of the Council but attended none of its
sessions. In 1872 he had been elected to represent the electoral
district of Marquette in the House of Commons.

THE WORK OF THE COUNCIL.

To Lieutenant-Governor Morris and the Councillors fell the
work of laying the foundations of Territorial administration
and legislation. During their short term of office they passed
resolutions to prohibit,, except under certain restrictions, the
importation of spirituous liquors into the Territories ; to make
provision for the appointment of Justices of the Peace ; to repre-
sent to the Dominion Government that the criminal laws of
the Dominion slfould be extended to the Territories and that
a Mounted Police force under military discipline should be
established in the Territories. They expressed the opinion that
the militia battalion of Manitoba should be so increased that
an effective force should be available in the Territories. They
proposed that treaties should be made with the Indians at Forts
Carlton, Pitt and Qu'Appelle and that schools, agricultural
implements, cattle and farm instructors should be provided.
They urged that stipendiary magistrates should be appointed,
resident in various portions of the Territory, clothed with
powers to deal with certain classes of criminal offences and
:also with limited jurisdiction as regards civil cases, and that
a resident Judge with Queen's Bench powers should be appoint-
ed to deal with graver matters, with an appeal in certain cases
fo the Court of Queen's Bench in the Province of Manitoba.
They proposed that a monthly mail should be established be-
tween Fort Garry and Fort Edmonton. They asked that a reserve
should be granted to the Norway House Indians and that
measures should be adopted to collect customs in the Belly and
Bow Rivers country. They passed laws for the appointment
of coroners, for caring for orphan children, for regulating the

PIONEER LEGISLATION" 129

relations of masters1 and servants, for the prohibition of the
importation of poisons into the Territories and of their use in
hunting game. They asked that existing highways, portages
and watering places in the Territories should be set apart for
public use and that as soon as treaties with the Indians were
completed, surveys should be made of the lands where settle-
ments had taken place. They passed measures to regulate the
buffalo hunt, and to prevent the spread of prairie and forest
fires. They also passed Acts to authorize the building and
maintenance of toll ferries in various parts of the Territories.

On November 23, 1875, Lieutenant Governor Morris
addressed the Council with the following words, —

" The foundation has now been laid for peace, security, the
advancement of the settlement of the vast region you have
rule over, and for the rsecuring of the goodwill of the Indian
Tribes, and I can only express my confident trust that those
who follow you will rear wisely and well a noble superstructure
on the basis you have established."

In the debate on the first reading' of the North West Terri-
tories Act, March 12, 1875, in the Dominion House of Com-
mons, the Premier, Hon. Mr. Mackenzie, ,and others passed
the North West Council in review.

HON. ME. MACKENZIE said the North West Council could
be increased to twenty-one members. . Though several vacancies
had occurred in it, the Government made no appointments.
Everyone of these gentlemen was styled Honourable until Hon-
ourables became very plentiful in Manitoba. The Government
found them a little Parliament acting for the North West,
though they resided in the Province and some of them were
never in the Territories. The Government had repeated de-
mands from them during the last year for large sums of money.
They made requisition once for $10,000 and actually cost the
country during the last part of the year $3,000. It was evident
that the Council would cost the country as much as a Govern-
ment in the territory without being as efficient

It seemed to be exceedingly desirable, at the earliest point of
time, that there should be a firm Government established within
the Territories and that the Governor should reside several
hundred miles west of the present point of authority in order
to exercise a proper influence for the maintenance of peace,
cr overlooking Indian affairs, and generally helping the Govern-
ment to establish law and order throughout the Territories.
The Government had ascertained from the most authentic

28159—9

130 CANADIAN ARCHIVES

source, that within the last 18 months there were very nearly
150 murders committed in the North West Territories, and
no person had been brought to trial. No doubt they were
mostly slain in Indian fights with traders from Missouri and

Montana It seemed very clear that there was an

absolute necessity for the establishment of a firm Government
within the boundaries of the Territories.

MR. D. A. SMITH said, at present the Council of the North
West was probably not just exactly such a body as it ought to
be. They were under the very great disadvantage of being far
removed from such portions of the territory as were at all
settled. The principal settlements were 500 or 600 miles from
Manitoba, which wast quite equal to 3,000 or 4,000 miles in this
eastern country, because the means of communication were
very bad. He felt that under the circumstances of that country
it would be a great benefit to have a Governor and Council

within the Territory .His objection to the North

West Council as at present constituted, was that many of its
members knew nothing more of the country than gentlemen on
the floor of this House who had simply heard of the North
West as they had of other far distant countries. However,

there were at least six of them who knew it intimately

Those who formed the new Council should have an intimate
local knowledge of the country and be connected with its
interests.

Mr. J. C. SCHULTZ said, he dissented from the view of the
Honourable member for Kingston, that the Lieutenant Gov-
ernor of Manitoba could eificiently administer the government
of the Territories. That system had proved a failure and
though he was a member of the Council, he must frankly admit
that it was impossible for them under the circuniistances to
efficiently carry out the laws in the Territories. He believed
with the member for South Bruce that we must have a strong
government in that Territory. There was moral power in
the cocked hat of the Governor, and in the coat of a policeman.
Large powers should be given to the proposed new Council.

Sir JOHN MACDONALD (April 2nd, 1875) said, he would
again impress upon the leader of the government the expedi-
ency, from an economical point of view, of governing the North
West Territories from Fort Garry. A commission could be
issued to the Lieutenant Governor of Manitoba to act, for the
present, as Lieutenant Governor of the North West. He had
plenty of time on his hands and there was no reason in the

PIONEER LEGISLATION 131

world why lie should not direct bis attention to the govern-
ment of the whole North West for the present. The objection
of the Honourable Premier that the North West Council had
proved a failure because none of its members resided wTest of
Manitoba, was fully answered by the Honourable member for
Selkirk, who stated that at least six of these gentlemen were
.scattered through the territory and knew all about it.

28159— 9i

THE DOCUMENTS

PIONEER LEGISLATION 135

A. THE EOYAL CHARTER INCORPORATING- THE
HUDSON'S BAY COMPANY/" 1670.

(Text is given in printed form.)

THE ROYAL CHARTER for incorporating the HUD- Preamble.
SON'S BAY COMPANY, granted by his Majesty
King CHARLES the Second, in the 22d year of
his reign, A.D. 1670.

CHARLES THE SECOND, by the grace of God King
of England, Scotland, France and Ireland, Defender
of the Faith, &c., To ALL to whom these presents
shall come, greeting: WHEREAS our dear and en-
tirely beloved Cousin, Prince Rupert, Count Pala-
tine of the Rhine, Duke of Bavaria and Cumberland,
&c. ; Christopher Duke of Albemarle, William Earl
of Craven, Henry Lord Arlington, Anthony Lord
Ashley, Sir John Robinson, and Sir Robert Vyner,
Knights and Baronets ; Sir Peter Colleton, Baronet ;

1 Under the terms of this Charter the Company claimed and exer-
cised dominion as absolute proprietors of the soil, and claimed the exclu-
sive right of trading in the territories embraced in the terms of the
grant. This charter was not granted by legislative authority but by pre-
rogative of the Crown. For a discussion of its validity see the opinion
of A. Piggott, R. Spankie, H. Brougham, London, January, 1816, quoted
in Address to the House of Commons February 9, 1849 (Dominion
Archives. P.F. 104, No. 3, p. 18). Instances where the rights of the Com-
pany received recognition are 6 Anne c. 7; 18 Geo. II, c. 17; 14 Geo. Ill
c. 83; 43 Geo. III. c. 138; 1 and 2 Geo. IV, c. 66. The Canadian court*
came to have a concurrent jurisdiction with the Company.

For a statement of the Rights as to Territory, Trade, Taxation and
Government claimed and exercised by the Hudson's Bay Company on the
Continent of North America, made by Sir J. H. Pelly, September 13, 1849.
See Return to Address of the House of Commons, July 12, 1850 (Dominion
Archives, P.F. 104.) See also Papers relative to the Hudson's Bay Com-
pany's charter and License to- Trade. Presented to Parliament, April,
1859 (Dominion Archives, P.F. 105, No. 3).

The following is a brief resume of the financial returns of the Com-
pany.

1684.— Payment of 50%

1688 " 50%

1689 " 25%

1690.— Stock trebled, and payment of 25% on newly created stock.
1692-94-96-97.— Loss and damage from French.
1720.— Stock trebled with only call of 10% on proprietors.
1690-1800— Dividends averaging 9% or profits of between 60 and 70%

per annum of the originally subscribed capital stock.
1800-1821— Period of great rivalry.
1800-1806— Dividends, 4%
1807-1813— No dividends.
1813-1821— Dividends, 4%

136 CANADIAN ARCHIVES

Sir Edward Hungerford, Knight of the Bath; Sir
Paul Neele, Knight; Sir John Griffith and Sir
Philip Carteret, Knights ; James Hayes, John Kirke,
Francis Millington. William Prettyman, John Fenn,
Esquires ; and John Por-tman, Citizen and Goldsmith
of London ; have, at their own great cost and charges,
undertaken an expedition for Hudson's Bay, in the
north-west part of America, for the discovery of a
new passage into the South Sea, and for the finding
some trade for furs, minerals and other considerable
commodities, and by such their undertaking have
already made such discoveries as do encourage them
to proceed further in pursuance of their said design,
by means whereof there may probably arise very
great advantage to us and! our 'kingdom: AND
WHEREAS the said Undertakers, for their further
encouragement in the said design, have humbly be-
sought us to incorporate them, and grant unto them
and their successors the sole trade and commerce of
all those sea®, straits, bays, rivers, lakes, creeks and
sounds, in whatsoever latitude they shall be, that
lie within the entrance of the straits, commonly
called Hudson's Straits, together with all the lands,
countries and territories upon the coasts and confines
of the seas, straits, bays, lakes, rivers, creeks and
sounds aforesaid, which are not now actually possess-
ed by any of our subjects, or by the subjects of any
Grant of in? other Christian Prince or State : Now KNOW YE,
corporation, f j^ we^ ^{^g desirous to promote all endeavours
tending to the public good of our people, and to en-
courage the said undertaking, HAVE, of our especial
grace, certain knowledge and mere motion, given,
granted, ratified and confirmed, and by these pres-
ents, for us, our heirs and successors, DO give, grant,
ratifv and confirm, unto our said Cousin, Prince
Rupert, Christopher Duke of Albemarle, William
grantees. Earl of Craven, Henry Lord Arlington, Anthony
Lord Ashley, Sir John Robinson, Sir Robert Vyner,
Sir Peter Colleton, Sir Edward Hungerford, Sir
Paul ISTeele, Sir John Griffith and Sir Philip
Carteret, James Hayes, John Kirke, Francis Mill-
ington, William Prettyman, John Fenn and Jolm
Portman, that they, and such others as shall be ad-

PIONEER LEGISLATION 137

mitted into the said society as is hereafter expressed,
shall be one body corporate and politic, in deed and
in name, by the name of " The Governor and Com-
pany of Adventurers of England trading into Hud-
son's Bay," and them by the name of " The Gov- Body cor.
ernor and Company of Adventurers of England
trading into Hudson's Bay," one body corporate and (Governor
politic, in deed and in name, really and fully for Company
ever, for us, our heirs and successors, WE DO make, of Adven-
ordain, constitute, establish, confirm and declare by Of England
these presents, and that by the same name of Gov- tradd-n^mt
ernor and Company of Adventurers of England trad- Bay/'
ing into Hudson's Bay, they shall have perpetual
succession, and that they and their successors, by
the name of " The Governor and Company of Ad-
venturers of England trading into Hudson's Bav,"
be, and at all times hereafter shall be, personable
and capable in law to have, purchase, receive,
possess, enjoy and retain lands, rents, privileges, nights and
liberties, jurisdictions-, franchises and heredita- j^ol^the
ments, of what kind, nature or quality soever they Governor
be, to them and their successors ; and also to give,
grant, demise, alien, assign and dispose lands, tene-
ments and hereditaments, and to do and execute all
and singular other things by the same name that to
them shall or may appertain to do; and that they
and their successors, by the name of " The Gov-
ernor and Company of Adventurers of England trad-
ing into Hudson's Bav," may plead and be implead-
ed, answer and be answered, defend and be defend-
ed, in whatsoever courts and places, before whatso-
ever judges and justices, and other persons and
officers, in all and singular actions, pleas, suits, quar-
rels, causes and demands whatsoever, of whatsoever
kind, nature or sort, in such manner and form as
any other our liege people of this our realm of Eng-
land, being persons able and capable in law, may
or can have, purchase, receive, possess, enjoy, retain,
give, grant, demise, alien, assign, dispose, plead,
defend and be defended, do, permit and execute;
and that the said Governor and Company of Adven-
turers of England trading into Hudson's Bay, and Grant of
their successors, may have a common seal to serve for fea?.m

138

CANADIAN ARCHIVES

A Governor
and Com-
mittee to
be chosen.

Prince
Rupert to
be the
first Gov-
ernor.

all the causes and businesses of them and their
successors, <and that it shall and mav be lawful to the
said Governor and Company, and their successors,
the same seal, from time to time, at their, will and
pleasure, to break, change, and to make anew or
alter, as to them shall seem expedient: AND
FURTHER WE WILL, and by these presents, for us,
our heirs and successors, WE DO ordain, that there
shall be from henceforth one of the same Company
to be elected and appointed in such form as here-
after in these presents is expressed, which shall be
called the Governor of the said Company ; and that
the said Governor and Company shall or may elect
seven of their number, in such form, as hereafter in
these presents is expressed, which shall be called the
Committee of the said Company, which Committee
of seven, or any three of them, together with the
Governor or Deputy Governor of the said Company
for the time being, shall have the direction of the
voyages of and for the said Company, and the r>ro-
vision of the shipping and merchandizes thereunto
belonging, and also the sale of all merchandizes,
goods and other things returned, in all or any the
voyages or ships of or for the said Company, and
the managing and handling of all other business,
affairs and things belonging to the said Company:
AND WE WILL, ordain and grant by these presents,
for us, our heirs and successors, unto the said Gov-
ernor and Company, and their successors, that they
the said Governor and Company, and their suc-
cessors, shall from henceforth for ever be ruled,
ordered and governed according to such manner and
form as is hereafter in these presents expressed, and
not otherwise ; and that they shall have, hold, retain
and enjoy the grants, liberties, privileges, jurisdic-
tions and immunities onlv hereafter in these pres-
ents granted and expressed, and no other: And for
the better execution of our will and errant in this
behalf, WE HAVE ASSIGNED, nominated, constituted
and made, and by these presents, for us, our heirs
and successors, WE DO ASSIGN, nominate, constitute
and make our said Cousin, PRINCE RUPERT, to be
the first and present Governor of the said Company,

PIONEER LEGISLATION 139

and to continue in the said office from the date of
these presents until the 10th November then next
following, if he, the said Prince Rupert, shall so
long live, and so until a new Governor be chosen by
the said Company in form hereafter expressed : AND
ALSO WE HAVE assigned, nominated and appointed,
and by 'these presents, for us, our heirs and succes-
sors, WE DO assign, nominate and constitute, the said Names of
Sir John Robinson, Sir Robert Vyner, Sir Peter
Colleton, James Hayes, John Kirke, Francis Mill-
inffton and John Portman to be the seven first and
present Committees of the said Company, from the
date of these presents until the said 10th day of
November then also next following, and so until new
Committees shall be chosen in form hereafter ex-
pressed : AND FURTHER WE WILL and grant by these power to
presents, for us, our heirs and successors, unto the g««t a
said Governor and Company, and their successors, Governor,
that it shall and may be lawful to and for the said
Governor and Company for the time being, or the v
greater part of them present at any public assembly,
commonly called the Court General, to be holden for
the said Company, the Governor of the said Com-
pany being always one, from time to time to elect,
nominate and appoint one of the said Company to
be Deputy to the said Governor, which Deputy shall
take a corporal oath, before the Governor and three Oaths to be
or more of the Committee of the said Company for S?r™dnto"
the time being, well, truly and faithfully to execute him-
his said office of Deputy to the Governor of the said
Company, and after his oath so taken shall and may
from time to time, in the absence of the said Gov-
ernor, exercise and execute the office of Governor of
the said Company, in such sort as the said Governor
ought to do : AND FURTHER WE WILL and grant by Governors
these presents, for us, our heirs and successors, unto how
the said Governor and Company of Adventurers of e
England trading into Hudson's Bay, and their
successors, that they, or the greater part of them,
whereof the Governor for the time being or his
Deputy to be one, from time to time, and at all times
hereafter, shall and may have authority and power,
yearly and every year, between the first and last day

140

CANADIAN ARCHIVES

Oath to be
adminis-
tered to
them.

and to
each mem-
ber of the
Company.

Annual
election of
a new

Committee.

of November, to assemble and meet together in
some convenient place, to be appointed from time to
time by the Governor, or in his absence by the
Deputy of the said Governor for the time being, and
that they being so assembled, it shall and may be
lawful to and for the said Governor or Deputy of
the said Governor, and the said Company for the
time being, or the greater part of them which then
shall happen to be present, whereof the Governor of
the said Company or his Deputy for the time being
to be one, to elect and nominate one of the said Com-
pany, which shall be Governor of the said Company
for one whole year then next following, which per-
son being so elected and nominated to be Governor
of the said Company as is aforesaid, before he be
admitted to the execution of the said office, shall
take a corporal oath before the last Governor, being
his predecessor or his Deputy, and any three or
more of the Committee of the said Company for the
time being, that he shall from time to time well and
truly execute the office of Governor of the said Com-
pany in all things concerning the same; and that
immediately after the same oath so taken, he shall
and may execute and use the said office of Governor
of the said Company for one whole year from thence
next following: And in like sort we will and grant,
that as well every one of the above-named to be of the
said Company or Fellowship, as all others hereafter
to be admitted or free of the said Company, shall
take a corporal oath before the Governor of the said
Company or his Deputy for the time being to such
effect as by the said Governor and Company, or the
greater part of them, in any public court to be held
for the said Company, shall be in reasonable and
legal manner set down and devised, before they shall
be allowed or admitted to trade or traffic as a free-
man of the said Company : AND FURTHER WE WILL
and grant by these presents, for us, our heirs and
successors, unto the said Governor and Company,
and their successors, that the said Governor or
Deputy Governor, and the rest of the said Company,
and their successors for the time being, or the great-
er part of them, whereof the Governor or Depute

PIONEER LEGISLATION , 141

Governor from time to time to be one, shall and may
from time to time, and at all times hereafter, have
power and authority, yearly and every year, between
the first and last day of November, to assemble and
meet together in some convenient place, from time
to time to be appointed by the said Governor of the
said Company, or in his absence by his Deputy;
and that they being so assembled, it shall and may
be lawful to and for the said Governor or his
Deputy, and the Company for the time being, or the
greater part of them, which then shall happen to be
present, whereof the Governor of the said Company
or his Deputy for the time being to be one, to elect
and nominate seven of the said Company, which
shall be a Committee of the said Company for one
whole year from then next ensuing, which persons
being so elected and nominated to be a Committee
of the said Company as aforesaid, before they be
admitted to the execution of their office, shall take
a corporal oath before the Governor or his Deputy,
and any three or more of the said Committee of the Oath to be
said Company, being their last predecessors, that ed to^the r"
they and every of them shall well and faithfully per- Committee,
form their said office of Committees in all things
concerning the same, and that immediately after
the said oath so taken, they shall and may execute
and use their said office of Committees of the said
Company for one whole year from thence next
following: AXD MOREOVER, our will and pleasure is,
and by these presents, for us, our heirs and suc-
cessors, WE DO GKAXT unto the said Governor and
Company, and their successors, that when and as ^
often as it shall happen, the Governor or Deputy of Gover-
Governor of the said Company for the time being, at Deputy1
any time within one year after that he shall be nom- Governor,
inated, elected and sworn to the office of the Gov- filled up.
ernor of the said Companv, as is aforesaid, to die or
to be removed from the said office, which Governor
or Deputy Governor not demeaning himself well in
his said office, WE WILL to be removable at the
pleasure of the rest of the said Company, or the
greater part of them which shall be present at their removed,
public assemblies, commonly called their General

CANADIAN ARCHIVES

ajndt°jhers

Courts kolden for the said Company, that then and
so often it shall and may be lawful to and for the
residue of the said Company for the time being, or
the greater part of them, within a convenient time
after the death or removing of any such Governor
or Deputy Governor, to assemble themselves in such
convenient place as- they shall think fit, for the elec-
tion of the Governor or Deputy Governor of the said
Company ; and that the said Company, or the great-
er part of them, being then and there present, shall
and may, then and there, before their departure
from the said place, elect and nominate one other of
^e sa^ Company t° be Governor or Deputy Gov-
ornor for the said Company, in the place and stead
of him that so died or was removed; which person
being so elected and nominated to the offic of Gov-
ernor or Deputy Governor of the said Company,
shall have and exercise the said office for and dur-
ing the residue of the said vear, taking first a cor-
poral oath, as is aforesaid, for the due execution
thereof; and this to be done from time to time so
often as the case shall so require : AND ALSO, our will
and pleasure is. -and by these presents, for us, our
heirs and successors, WE DO g-iant unto the said Gov-
ernor and Company, that when and as often as it
be removed, shall happen any person or persons of the Committee
of the said Company for the time being, at any
time within one year next after that they or any of
them shall be nominated, elected and sworn to the
office of Committee of the said Company as is afore-
said, to die or to be removed from the said office,
which Committees not demeaning themselves well
in their said office, we will to be removable at the
pleasure of the said Governor and Company, or the
greater part of them, whereof the Governor of the
said Company for the time being or his Deputy to
be one, that then and so often, it shall and may be
lawful to and for the said Governor, and the rest of
the Company for the time being, or the greater part
of them, whereof the Governor for the time being or
liis Deputy to be one, within convenient time after
the death or removing of any of the said Committee,
to assemble themselves in such convenient place as

Members
2itteee

PIONEER LEGISLATION 143

is or shall be usual and accustomed for the election
of the Governor of the said Company, or where else
the Governor of the said Company for the time being
or his Deputy shall appoint : And that the said Gov- and others

« ,1 elected.

ernor and Company, or the greater part of them,

whereof the Governor for the time being or his

Deputy to be one, berno1 then and there present, shall

and may, then and there, before their departure

from the said place, elect and nominate one or more

of the said Company to be of the Committee of the

said Company in the place and stead of him or them

that so died, or were or was so removed, wjiich per-

son or persons so nominated and elected to the

office of Committee of the said Company shall have

and exercise the said office for and during the re-

sidue of the said year, taking first a corporal oath,

as is aforesaid, for the due execution thereof, and

this to be done from time to time, so often as the

case shall require: And to the end the said Governor Grant of

and) Company of Adventurers of England trading trade? lands,

into Hudson's Bay may be encouraged to undertake J^1^8'^11"

and effectually to prosecute the said design, of our eries' &c.

more especial grace, certain knowledge and mere

motion, WE HAVE given, granted and confirmed, and

by these .presents, for us, our heirs and successors.

DO give, grant and confirm, unto the said Governor

and Company, and their successors, the sole trade

and commerce of all those seas, straits, bays, rivers

lakes, creeks, and sounds, in whatsoever latitude

they shall be, that lie within the entrance of the

straits, commonly called Hudson's Straits, together

with all the lands and territories upon the countries.

coasts and confines of the seas, bays, lakes, rivers.

creeks and sounds aforesaid, that are not already

actually possessed by or granted to any of our sub-

jects, or possessed by the subjects of any othev

Christian Prince or State, with the fishing of all

sorts of fish, whales, sturgeons, and all other royal

fishes in the seas, bays, inlets and rivers within the

premises, and the fish therein taken, together witli

the royalty of the sea upon the coasts within the

limits aforesaid, and all mines royal, as well di?- reckoned
covered as not discovered, of gold, silver, gems and Majesty's

144

CANADIAN" ARCHIVES

Plantations
or Colonies
in America,
and called
Rupert's
Land ; and
the Gover-
nor and
Company to
be the
Lords Pro-
prietors of
the same
for ever.

Governor
and Com-
pany may
assemble
and make
laws, ordi-
nances, &c.,
for the
good Gov-
ernment of
their terri-
tory and
the ad-
vancenient
of their
trade.

precious stones, to be found or discovered within the
territories, limits and places aforesaid, and that the
?aid land be from henceforth reckoned and reputed
as one of our plantations or colonies in America,
called " Bupert's Land :" AND FURTHER, WE DO by
these presents, for us, our heirs and successors,
make, create and constitute the said Governor and
Company for the time being, and their successors,
the true and absolute lords and proprietors of the
same territory, limits and places aforesaid, and of
all other the premises, SAVING ALWAYS the faith,
•allegiance and sovereign dominion due to us, our
heirs and successors, for the same, TO HAVE, HOLD,
possess and enjoy the said territory, limits and
places, and all and singular other the premises
hereby granted as aforesaid, with their and every of
their rights, members, jurisdictions, prerogatives,
royalties and appurtenances whatsoever, to them the
said Governor and Company, and their successors
for ever, TO BE HOLDER of us, our heirs and
successors, as of our manor of East Greenwich, in
our county of Kent, in free and common soccage,
and not in capite or by Knight's service; YIELDING
AND PAYING yearly to us, our heirs and successors,
for the same, two elks and two black beavers, when-
soever and as often as we, our heirs and successors,
shall happen to enter into the said countries, terri-
tories and regions hereby granted: AND FURTHER,
our will and pleasure is, and by these presents, for
us, our heirs and successors, WE DO grant unto the
said Governor and Company, and to their successors,
that it shall and may be lawful to and for the said
Governor and Company, and their successors, from
time to time, to assemble themselves, for or about
any the matters, causes, affairs or businesses of the
said trade, in any place or places for the same con-
venient, within our dominions or elsewhere, and
there to hold court for the said Company, and the
affairs thereof; and that, also, it shall and may be
lawful to and for them, and the greater ^irt of
them, being so assembled, and that shall then and
there be present, in any such place or places, whereof
the Governor or his Deputy for the time being to be

PIONEER LEGISLATION

one, to make, ordain and constitute such aud so
many reasonable Iaw4 constitutions, orders and
ordinances as to them, or the greater part of them,
beino- then and -there present, shall seem necessary
and convenient for the good government of the said
Company, and of all governors of colonies, forts and
plantations, factors, masters, mariners and other
officers employed or to be employed in any of the
territories and lands aforesaid, and in any of their
voyages; and for the better advancement and con-
tinuance of the said trade or traffic and plantations,
and the same laws, constitutions, orders and ordin-
ances so made, to put in use, and execute accord-
ingly, and at their pleasure to revoke and alter the
same or any of them, as the occasion shall require:
And that the said Governor and Company, so often
as they shall make, ordain or establish any such
laws, constitutions, orders and ordinances in such
form as aforesaid, shall and may lawfully impose,
ordain, limit and provide such pains, penalties and f
punishments upon all offenders, contrary to such alties and

? ^ A- - j j v pumsh-

laws, constitutions, orders and ordinances, or any ments, pro-
of them, as to the said Governor and Company for J^e are
the time being, or the greater part of them,then and reasonably
there being present, the said Governor or his Deputy

being always one, shall seem necessary, requisite or *g S16

• L £ -L *.• £ ^ i

convenient for the observation of the same laws,

constitutions, orders and ordinances; and the same
fines and amerciaments shall and may, by their
officers and servants from time to time to be appoint-
ed for that purpose, levy, take and have, to the use
of the .said Governor and Company, and their
successors, without the impediment of us, our heirs
or successors, or of any the officers or ministers of
us, our heirs or successors, and without any account
therefore to us, our heirs or successors, to be made:
All and singular which laws, constitutions, orders
and ordinances, so as aforesaid to be made, WE WILL
to be duly observed and kept under the pains and
penalties therein to be contained; so always as the
said laws, constitutions, orders and ordinances, fines
and amerciaments, be reasonable, and not contrary
or repugnant, but as near as may be agreeable to the
28159—10

146 CANADIAN AEOHIVES

FranteoV ^aws> statutes or customs of this our realm: AND
trade. FURTHERMORE, of our ample and abundant grace,

certain knowledge and mere motion, WE HAVE grant-
ed, and by these presents, for us, our heirs and
successors, DO grant unto the said Governor and
Company, and their successors, that they and their
successors, and their factors, servants and agents, for
them and on their behalf, and not otherwise, shall
for ever hereafter have, use and enjoy, not only the
whole, entire and only trade and traffic, and the
whole, entire and only liberty, use and privilege of
trading and trafficking to and from the territorv,
limits and places aforesaid; but also the whole and
entire trade and traffic to and from all havens, bays,
creeks, rivers, lakes and seas, into which they shall
fiud entrance or passage by water or land out of the
territories, limits or places aforesaid; and to and
with all the natives and people inhabiting, or which
shall inhabit within the territories, limits and places
aforesaid; and to and with all other nations in-
habiting any the coasts adjacent to the said terri-
tories, 'limits and places which are not already
possessed as aforesaid, or whereof the sole liberty
or privilege of trade and traffic is not granted to any
.rabjec?s of otner °f °ur subjects : AND WE, of our further royal
His Majesty favour, and of our more especial grace, certain
within the knowledge and mere motion, HAVE granted, and by

territories ^Bse Presents, for us, our heirs and successors, DO

without grant to the said Governor and Company, and to

theVCom-m their successors, that neither the said territories,

wrifrn"1 limits and places^ hereby granted as aforesaid, nor

unde^fheir any part thereof, nor the islands, havens, ports,

seal™011 cities, towns or places thereof or therein contained,

shall be visited, frequented or haunted by any of the

subjects of us, our heirs or successors, contrary to

the true meaning of these presents, and by virtue

of our prerogative royal, which we will not have in

that behalf argued or brought into question: WE

STRAITLY charge, command and prohibit, for us, our

heirs and successors, all the subjects of us, our heirs

and successors, of what decree or quality soever they

be, that none of them, directly or indirectly, do

visit, haunt,frequent or trade, traffic or adventure,

PIONEER LEGISLATION 147

by way of merchandize, into or from any of the said
territories, limits or places hereby granted, or any
or either of them, other than the said Governor and
Company, and such particular persons as now be or
hereafter shall be of that Company, their agents,
factors and assigns, unless 'it be by the license and
agreement of the said Governor and -Company in
writing first had and obtained, under their common
seal, to be granted, upon pain that every such per-
son or persons that shall trade or traffic into or from
any of the countries, territories or limits aforesaid,
other than the said Governor and Company and their
successors, shall incur our indignation, and the for- Under pen-
feiture and the loss of the goods, merchandizes and feifi^g alf"
other things whatsoever, which so shall be brought |^s>h*c''
into this realm of England, or any the dominions of from thence
the same, contrary to our said prohibition, or the j?
purport or true meaning of these presents, for which
the said Governor and Company shall find, take and
seize in other places out of our dominions, where
the said Company, their agents, factors or ministers
shall trade, traffic or inhabit by virtue of these our
letters patent, as also the ship and ships, with the
furniture thereof, wherein such goods, merchandizes
and other things shall be brought and found; the
one-half of all the said forfeitures to be to us, our
heirs and successors, and the other half thereof WE King, the
DO by these presents clearly and wholly, for us, our
heirs and successors, give and grant unto the said
Governor and Company, and their successors : AND
FURTHER, all and every the said offenders, for their
said contempt, to suffer such other punishment as to
us, our heirs and successors, for so high a contempt,
shall seem meet and convenient, and not to be in
anywise delivered until they and every of them shall
become bound unto the said Governor for the time
being in the sum of One thousand pounds at the
least, at no time then after to trade or traffic into "
any of the said places, seas, straits, bays, ports,
havens or territories aforesaid, contrary to our ex-
press commandment in that behalf set down and
published: AND FURTHER, of our more especial Nor will
grace, WE HAVE condescended and granted, and bty such frade
28159— 10£

148

CANADIAN ABCHIVES

be given
by His
Majesty to
any person
without
consent of
the
Company.

Persons
free of the
Company,
failing to
pay the
sums re-
spectively
engaged to
be furnish-
ed by them
in the ad-
venture of
the Com-
pany, may
be removed
and dis-
franchised.

these presents, for us, our heirs and successors, DO
grant unto the said Governor and Company, and
their successors, that we, our heirs, and successors,
will not grant liberty, license or power to any per-
son or persons whatsoever, contrary to the tenor of
these our letters patent, to trade, traffic or inhabit,
unto or upon any the territories, limits or places
afore specified^ contrary to the true meaning of these
presents, without the consent of the said Governor
and Company, or the most part of them: AND, of
our more abundant grace and favour to the said
Governor and Company, WE DO hereby declare our
will and pleasure to be, that if it shall so happen
that any of the persons free or to be free of the said
Company of Adventurers of England trading into
Hudson's Bay, who shall, before the going forth of
any ship or ships appointed for a VOYAGE or other-
wise, promise or agree, by writing under his or their
hands, to adventure anv sum or sums of money to-
wards the furnishing any provision, or maintenance
of any voyage or voyages, set forth, or to be set forth,
or intended or meant to be set forth, by the said
Governor and Company, or the more part of them
present at any public assembly, commonly called
their General Court, shall not within the space of
twenty days next after warning given to him or them
by the said Governor or Company, or their known
officer or minister, bring in and deliver to the
Treasurer or Treasurers appointed for the Company,
such sums of money as shall have been expressed
and set down in writing by the said person or per-
sons, subscribed with the name of said Adventurer
or Adventurers, that then and at all times after it
shall and may be lawful to and for the said Gov-
ernor and Company, or the more part of them pres-
ent, whereof the said Governor or his Deputy to be
one, at any of their General Courts or General
Assemblies, to remove and disfranchise him or them,
and every such person and persons at their v/ills and
pleasures, and he or they so removed and disfran-
chised not to be permitted to trade into the countries,
territories and limits aforesaid, or any part thereof,
nor to have any adventure or stock going or remain-

PIONEER LEGISLATION 149

ing with or amongst the said Company, without the

special license of the said Governor and Company,

or the more part of them present at any General

Court, first had and obtained in that behalf, any

thing before in these presents to the contrary thereof

in anywise notwithstanding: AND OUR WILL AND what per-

PLEASURE is, and hereby we do also ordain, that it Admitted **

shall and may be lawful to and for the said Gov- into the

ernor and Company, or the greater part of them,

whereof the Governor for the time being or his

Deputy to be one, to admit into and to be of the said

Company all such servants or factors, of or for the

said Company, and all such others as to them or the

most part of them present, at any court held for the

said Company, the Governor or his Deputy being

one, shall be thought fit and agreeable with the

orders and ordinances made and to be made for the

government of the said Company: AND FURTHER,

our will and pleasure is, and by these presents, for by

us, our heirs and successors, WE DO grant unto the stock°f

said Governor and Company, and to their successors,

that it shall and may be lawful in all elections and

bye-laws to be made by the General Court of the

Adventurers of the said Company, that every per-

son shall have a number of votes according to his

stock, that is to say, for every hundred pounds by

him subscribed or brought into the present stock, one"

vote, and that any of those that have subscribed less

than One hundred pounds may join their respective

sums to make up One hundred pounds, and have one

vote jointly for the same, and not otherwise: AND All lands,

FURTHER, of our especial grace, certain knowledge said,atorbe

and mere motion, WE DO, for us, our heirs and under the

j »li ^i • i n i government

successors, grant to and with the said Governor and of said
Company of Adventurers of England trading into ^h?^ay'
Hudson's Bay, that all lands, islands, territories, appoint
plantations, forts, fortifications, factories or colonies, and other

where the said Company's factories and trade are J^-JJ to

or shall be, within any the ports or places afore within

limited, shall be immediately and from henceforth tories, and"

under the power and command of the said Governor i^?Lln a11

Celu.'SGS'

and Company, their successors and assigns; SAVING civil and
i • '•»•«*•''• i * i ± criminal,

the faith and allegiance due to be performed to us. according

150

CANADIAN ARCHIVES

to the laws
of England

or crimin-
als may be
sent to
England
for trial.

The

Governor
may em-
ploy for
the protec-
tion of
their trade
and terri-
tory, armed
force, ap-
point com-
manders,
erect
forts, &c.

our heirs and successors as aforesaid; and that the
said Governor and Company shall have liberty, full
power and authority to appoint and establish Gov-
ernors and all other officers to govern them, and that
th3 Go'vernor and his Council of the several and
respective places where the said Company shall have
plantations, forts, factories, colonies or places of
trade within any the countries, lands or territories
hereby granted, may have power to judge all per-
sons belonging to the said Governor and Company,
or that shall live under them, in all causes, whether
civil or criminal, according to the laws of this king-
dom, and to execute justice accordingly; and in
case any crime or misdemeanor shall be committed
in any of the said Company's plantations, forts, fac-
tories or places of trade within the limits aforesaid,
where "judicature cannot be executed for want of a
Governor and Council there, then in such case it
shall and may be lawful for the chief Factor of that
pla^e and his Council to transmit the party, together
with the offence, to such other plantation, factory or
fort where there shall be a Governor and Council,
where justice may be executed, or into this kingdom
of England, as shall be thought most convenient,
there to receive such punishment as the nature of his
offence shall deserve: AND MOREOVER, our will and
pleasure is, and by these presents, for us, our heirs
and successors, "WE DO GIVE and grant unto the said
Governor and Company, and their successors, free
libertv and license, in case they conceive it necessary,
to send either ships of war, men or ammunition,
unto any their plantations, forts, factories or places
of trade aforesaid, for the security and defence of
the same, and to choose commanders and officers
over them, and to give them power and authority,
by commission under their common seal, or other-
wise, to continue or make peace or war with any
prince or people whatsoever, that are not Chrisfians,
in any places where the said Company shall have any
plantations, forts, or factories, or adjacent thereunto,
as shall be most for the advantage and benefit of the
said Governor and, Company, and of their, trade;
and also to right and recompense themselves upon

PIONEER LEGISLATION 151

the goods, estates or people of those parts, by whom
the said Governor and Company shall sustain any
injury, loss or damage, or upon any other people
whatsoever that shall anv way, contrary to the in-
tent of these presents, interrupt, wrong or injure
them in their said trade, within the said places,
territories., and limits granted by this Charter : And
that it shall and may be lawful to and for the said
Governor and Company, and their successors, from
time to time, and at all times from henceforth, to
erect and build such castles, fortifications, forts,
garrisons, colonies or plantations, towns or villages.,
in any parts or places within the limits and bounds
granted before in these presents unto the said Gov-
ernor and Company, as they in their discretion
shall think fit and requisite, and for the supply of
such as shall be needful and convenient, to keep and
be in the same, to send out of this kingdom, to the
said castles, forts, fortifications, garrisons, colonies,
plantations, towns or villages, all kinds of clothing,
provision of victuals, ammunition and implements
necessary for such purpose, paying the duties and
customs for the same, as also to transport and carry
over such number of men, being willing thereunto,
or not prohibited, as they shall think fit, and also to
govern them in such legal and reasonable manner as
the said Governor and Company shall think best, and
to inflict punishment for misdemeanors, or impose
such fines upon them for breach of their orders, as in
these presents are formerly expressed: AND Authority
FURTHER, our will and pleasure is, and by these £iyen to

/. T .' the Gover-

presents, for us, our heirs and successors, WE DO nor and
grant unto the said Governor and Company, and to t^sSa?3''
their successors, full power and lawful authority to any of Hia
seize upon the persons of all such English, or any Buffets*
other our subjects which shall sail into Hudson's who (with-

v, . , , . . .-,1 out leave

Bay, or inhabit in any of the countries, islands or of the Corn-
territories hereby granted to the said Governor and fn^heir™^
Company, "without their leave and license in that territory,
behalf first had and obtained, or that shall contemn send them
or disobey their orders, and send them to England ; to En*Iand
and that all and every person or persons, being our
subjects, any ways employed by the said Governor

152

CANADIAN AECHIVES

The Gov-
ernor and
Company
may auth-
orize their
Presidents,
Agents and
others to
administer
oaths in
certain
cases.

All Admir-
als and
others Hia
Majesty's
officers and
subjects, to
be aiding
and assist-
ing in the
execution
of the
powers, &c.,
granted by
this
charter.

and Company, within any the parts, places and
limits aforesaid, shall be liable unto and suffer such
punishment for any offences by them committed in
the parts aforesaid, as the President and Council for
the said Governor and Company there shall think
fit, and the merit of the offence shall require, a?
aforesaid; and in case any person or persons bein^
convicted and sentenced by the President and
Council of the said Governor and Company, in the
countries, lands or limits aforesaid, their factors or
agents there, for any offence by them done, shall
appeal from the same, that then and in such case it
shall and may be lawful to and for the said
President and Council, factors or agents, to seize
upon him or them, and to carry him or them home
prisoners into England, to the said Governor and
Company, there to receive such condign punishment
as his cause shall require, and the law of this nation
allow of ; and for the better discovery of abuses arid
injuries to be done unto the said Governor and Com-
pany, or their successors, by any servant by them to
be employed in the said voyages and plantations, it
shall and may l^e lawful to and for the said Gov-
ernor and Company, and their respective President,
Chief Agent or Governor in the parts aforesaid, to
examine upon oath all factors, masters, pursers,
supercargoes, commanders of castles, forts, fortifica-
tions, plantations or colonies, or other persons, touch-
ing or concerning any matter or thing in which by
law or usage an oath may be administered, so as
the said oath, and the matter therein contained, be
not repugnant, but agreeable to the laws of this
realm : AND WE DO hereby straitly charge and com-
mand all and singular our Admirals, Vice-Adanirals,
Justices, Mayors, Sheriffs, Constables, Bailiffs, and
all and singular other our officers, ministers, liege
men and subjects whatsoever, to be aiding, favour-
ing, helping and assisting to the said Governor and
Company, and to their successors, and to their
t deputies, officers, factors, servants, assigns and min-
; isters, and every of them, in executing and enjoying
the premises, as well on land as on sea, from time to
time, when any of you shall thereunto be required ;

PIONEER LEGISLATION 153

AXY STATUTE, act, ordinance, proviso, proclamation
or restraint heretofore had, made, set forth, ordained
or provided, or any other matter, cause or thing
whatsoever to the contrary in anywise notwithstand-
ing. IN WITNESS WHEREOF we have caused these
our Letters to be made. Patent. WITNESS OUESELF
at Westminster, the second day of May, in the two-
and-twentieth year of our reign.

By Writ of Privy Seal.

Pigott.

154 CANADIAN ARCHIVES

B. THE DISTEICT OF ASSINIBOIA.

THE "SELKIRK PERIOD.

GRANT OF THE DISTRICT OF ASSINIBOIA BY THE HUDSON'S
BAY COMPANY TO LORD SELKIRK. (1)

This Indenture made the twelfth day of June in the fifty-
first year of the Reign of Our Sovereign Lord George the
Third, by the Grace of God, of the United Kingdom of Great
Britain and Ireland, King Defender of the Faith, and in the
year of Our Lord one thousand eight hundred and eleven.

Between the Governor and Company of Adventurers of
England trading into Hudson's Bay of the one part and the
Right Honorable Thomas Earl of Selkirk of the other part.

Whereas the said Governor and Company are seized to
them and their successors in fee simple as absolute Lords and
Proprietors of all the Lands and Territories situate upon the
Coasts and Confines of the Seas, Streights, Bays, Lakes,
Rivers, Creeks and Sounds within the entrance of the Streights
commonly called Hudson's Streights in the North West parts
of America and which Lands and Territories are reputed as
one of the Plantations or Colonies belonging or annexed to the
United Kingdom of Great Britain and Ireland and are called
Ruperts Land.

And whereas the said Governor and Company have for
divers good and valuable causes and considerations them there-

1This deed is the first document found in Register Book A of the
District of Assiniboia. It is followed by a certificate that peaceable
possession of the district was delivered by William Hillier, one of the Com-
pany's attornies to Miles Macdonell, Selkirk's Ag^nt, on September 4,
1812, signed by Jno. McLeod and Rod. McKenzie; by an affidavit of exe-
cution signed and sworn at the Mansion House, London, before John
Atkins, Mayor, April 23, 1819; by a certificate of affidavit signed same
date by John Atkins, Mayor; by a certificate signed same date by William
Duff, a notary that Alex. Mundell was duly sworn before John Atkins,
who duly subscribed the affidavit, and who was truly and actually Lord
Mayor 'of the City of London, and that the maps, plans, copies were true
and faithful copies; and by a certificate signed by Thomas Aspinwall,
United States Consul, that John Atkins was Lord Mayor of London and
William Duff a Notary Public, April 24, 1819.

Miles Macdonell carried a copy of the Ossiniboia Grant to Bed River
with him together with Instructions as to the mode of taking Livery of
Seisin. In 1815. Selkirk wrote that it ought to have been sent homo
with that record on it. He desired a correct copy to be taken and the
original sent to Montreal to Auldjo and Maitland.

PIONEEK LEGISLATION 155

unto moving agreed to convey and assure a certain Tract or
Parcel of the said Lands and Territories hereinafter des-
cribed unto and to the use of the said Earl of Selkirk, his
heirs and assigns under and subject to certain conditions here-
inafter expressed and contained.

Now therefore this Indenture witnesseth that in pur-
suance of such agreement and in consideration of the sum of
ten shillings of lawful money of Great Britain to the said
Governor and Company well and truly paid by the said Earl
of Selkirk at or before the execution of these presents (the
receipt whereof is hereby acknowledged) and for divers good
and other valuable causes and considerations them the said
Governor and Company have given, granted, aliened, enfeoffed
and confirmed and by these presents, do give, grant, alien,
enfeoff and confirm unto the said Earl of Selldrk, his heirs
and assigns, all that Tract of Land or Territory being within
and forming part of the aforesaid Lands and Territories of the
said Governor and Company bounded by an imaginary line
running as follows (that is to say) beginning on the western
shore of Lake Winnipie, otherwise Winnipeg, at a point in
fifty-two degrees and thirty minutes north latitude and thence
running due west to the Lake Winnepigoos, otherwise called
Little Winnipeg, then in a southerly direction through the said
Lake so as to strike its western shore in latitude fifty-two
degrees, then due west to the place where the parallel of fifty-
two degrees north latitude intersects the western branch
of Red River, otherwise called Assiniboine River, then due
south from that point of intersection to the Height of Land
which separates the waters running into Hudson's Bay from
those of the Missouri and Mississippi, then in an easterly
direction along the said Height of Land to the source of the
River Winnipie or Winnipeg (meaning by such last named
River, the Principal Branch of the waters ^which unite in Lake
Saginagas), then along the main stream of the waters and the
middle of the several Lakes through which they flow to the
mouth of the Winnipie River and thence in a northerly direc-
tion through the middle of Lake Winnipie to the place of
beginning.

As the said Tract or Parcel of Land hereby granted or
intended so to be is more particularly described and distin-
guished, and the boundary thereof marked out in the map or
plan annexed to these presents, in which plan the lands hereby
intended to be granted are coloured red.

156 CANADIAN AKCHIVES

Together with all mines, minerals and metals and delfs and
quarries of stone and lime already discovered or hereafter to
be discovered within the limits of the land hereby granted and
enfeoffed or otherwise assured or expressed and intended so to
be.

And also all and singular, houses, edifices, buildings, forests,
woods, springs, woodlands ,and underwoods and the ground and
soil thereof respectively. Trees, timber and timber like trees,
quays, wharfs, landings and landing places, lakes, ponds, rivers,
pools, dams and streams of water, fishings and fishing
places and rights of fishery, moats, moors, marshes, wastes,
waste grounds, commons, common of pasture and common of
turbary, furzes, heaths, mounds, hedges, fences, ditches, roads,
feus, feu-grounds, ways, paths, passages, easements, waters,
water-courses and all and singular other the rights, franchises,
liberties, customs, profits, commodities, emoluments, benefits,
advantages, members, hereditaments and appurtenances what-
soever to all and singular the said lands and premises hereby
granted and enfeoffed or otherwise assured or expressed and
intended so to be, or any part or parcel thereof belonging or
in anywise appertaining to or with the same held used pos-
sessed or enjoyed or accepted, reputed, adjudged, esteemed,
deemed, taken or known as part parcel or member thereof, or
of any part thereof or as appurtenant thereunto and the rever-
sion and reversions, remainder and remainders yearly and
other profits of the said land, hereditaments and premises
hereby granted and enfeoffed or otherwise assured or expressed
and intended so to be, or any part or parcel thereof and all the
estate, right, title, interest, use, trust, inheritance, property,
possession, benefit, claim, and demand whatsoever at law and
in equity or otherwise howsoever of them the said Governor
and Company of in to or out of the land, hereditaments, and
premises hereby granted and enfeoffed or otherwise assured
or expressed and intended so to be and every part and parcel
of the same. Saving and reserving nevertheless to the said
Governor and Company and their successors all rights of juris-
diction whatsoever granted to said Company by their Charter.
To have and to hold the land and hereditaments and all
and singular other the premises hereby granted and enfeoffed
or otherwise assured or expressed and intended so to be, and
every part and parcel of the same unto the said Earl of Sel-
kirk, his heirs and assigns for ever.

As to for and concerning such an extent or quantity or
such separate extents or quantities of the Tract or Territory

PIONEER LEGISLATION 157

of Land hereby granted and enfeoffed shall in the whole
amount be equal to one tenth part of the said Tract or Terri-
tory and which one tenth shall be set out by the said Earl of
Selkirk, his heirs or assigns before or within the space of three
years after the said Governor and Company or their succes-
sors shall by some writing under the hand of the Governor of
the said Company for the time being require the said Earl of
Selkirk, his heirs or assigns to make such division or setting
out to the use of such person or persons being or having been
in the service or employ of the said Governor and Company
for a term not less than three years immediately preceding the
date and execution of any direction or appointment to be made
by the said Governor and Company and their successors under
this present power, in such parts, shares, and portions and for
such estates and interests as the said Governor and Company
and their successors shall from time to time by any writing to
be sealed with the common seal of the said Company direct or
appoint.

Nevertheless, so that no person taking under any such
direction or appointment and being under the Bank or Degree
of Master of a Trading Post, shall be or become entitled to
any greater part share or proportion than two hundred acres,
nor any person of the Kank or Degree of Master of a Trading
Post any greater part share or proportion than one thousand
acres.

And also, so that every use estate or interest which shall be
created under or by virtue of any direction or appointment to
be made by the said Governor and Company and their succes-
sors in pursuance of the aforesaid power be made and ren-
dered subject to a condition to be void if the person or persons
or his, her or their assigns shall not be or become a settler or
settlers upon the land hereby directed or appointed or if he,
she or they or his, her or their assigns shall neglect or fail to
cultivate and continue the cultivation of the same land and in
the mean time and until such direction or appointment shall
be made and so far as any such direction or appointment shall
not extend.

To the use of the said Earl of Selkirk, his heirs and assigns
for ever and to and for no other use, intent or purpose what-
soever.

And as to all the remaining part or parts, portion qr por-
tions of the said Tract or Territory. To the use of the said
Earl of Selkirk, his heirs and assigns for ever.

158 CANADIAN ARCHIVES

Nevertheless, upon under and subject to the conditions here-
inafter mentioned expressed and declared of and concerning
the same.

And to the intent that these presents may be rendered a
complete and effectual assurance. The said Governor and
Company have made, ordained, constituted and appointed and
by this present Deed or Instrument under their common seal
— Do make, ordain, constitute and appoint William Auld,
Thomas Thomas, William Sinclair, William Hillier, James
Swain, Donald Sutherland, Hugh Heney, John Stitt, John
McKay, and Archibald Mason, all servants of the said Gov-
ernor and Company jointly and each and every of them separ-
ately their true and lawful attornies and attorney, for them
the said Governor and Company and in their name, place and
stead to enter into and upon the land, hereditaments and
premises hereby granted and eiifeoffed or otherwise assured or
expressed and intended so to be, or into or upon any part or
parcel of the same in the name of the whole, wholly, and quiet
and peaceable possession and seizin of the said land, heredita-
ments and premises and of every or any part thereof, in the
name of the whole, for and in the name of the said Governor
and Company, to have and take and after such entry made and
possession and seizein so had and taken as aforesaid to deliver
quiet and peaceable possession and seizein thereof and of every
part thereof unto Miles McDonald, Esquire, Kelly Clerk,
Abel Edwards, Surgeon, Kenneth MacEae and William Tomi-
son, Gentlemen, whom the said Earl of Selkirk hath made,
ordained, constituted and appointed, and by these presents
doth make, ordain, constitute and appoint jointly and separ-
ately his true and lawful attornies and attorney for and in his
name place and stead to take and receive the same, to be had
and held according to the tenor form and effect of these
presents.

And the said Governor and Company, and the said Earl
of Selkirk do hereby respectively ratify, confirm and allow to
be sufficiently available all and whatsoever their said attorneys
respectively shall lawfully do in the premises by virtue of
these presents. . Provided always, and it is hereby agreed and
declared between and by the parties hereto, and the presents
are upon this express condition. That if the said Thomas
Earl of Selkirk, his heirs or assigns shall not within the space
of ten years to be computed from the date of these presents
settle 01 establish upon the tract of ground hereby expressed to

PIONEER LEGISLATION 159

be granted — One thousand families, each of them consisting of
one married couple at the least, according to the true intent
and meaning of these presents.

And if the said Governor and Company shall by notice in
writing to be given to the said Thomas Earl of Selkirk, his
heirs or assigns or left at his or their dwelling or usual place
of abode require him or them to establish and settle such a
number of families on the premises as will make up one thou-
sand families on the same.

And the said Thomas Earl of Selkirk, his heirs or assigns
shall during the space of three years next after such notice
shall be given or left as aforesaid neglect to settle or make up
the said number of families — then and in that case it shall be
lawful for the said Governor and Company by Deed under
their common seal to revoke the grant hereinbefore expressed
and contained, and to enter upon the premises hereby granted
of his or their former estate — but subject and without preju-
dice to such grant as shall have been previously made by the
said Earl, his heirs or assigns to or in favour of any person
or nersons, so as upon the land comprized in any such grant
there be actual settlers to the amount of one family for every
five thousand acres.

And also upon this further express condition that the said
Earl of Selkirk, his heirs or assigns or any other person or
persons deriving title by from through or under him, them or
any of them shall not nor will at any time or times hereafter,
in or by any direct or indirect mediate or immediate manner,
ways or means, infringe or violate, or set about or attempt to
infringe, or violate, or aid, assist or abet, or set about, or
attempt to aid, assist or abet or supply with spirituous liquors
— trading goods — provisions or other necessai.i-es any person
or persons whomsoever corporate or incorporate, or any Prince,
Power, Potentate, or State whatsoever, who shall infringe or
violate, or who shall set about, or attempt to infringe or vio-
late the exclusive rights, power, privileges, and immunities of
commerce, trade andlraffick, or all or any other of the exclu-
sive rights, powers, privileges and immunities of or belonging
or in any wise appertaining to or held, used or enjoyed by the
said Governor and Company and their successors and particu-
larly such rights, powers, privileges and immunities as they
are entitled to under or by virtue of or which were given and
granted or intended to be given and granted to them and their
successors by the Charter of His late Majesty King Charles
the Second, bearing date on or about the second day of , May,

160 CANADIAN ARCHIVES

in the year one thousand six hundred and sixty-nine — save and
except such rights, powers, privileges, immunities and fran-
chises as are incident to the land hereditaments and premises
hereby granted and enfeoffed or otherwise assured or expressed
and intended so to he, or any part or parcel of the same and
which are hereby intended to pass by and with the same with-
out the license or consent in writing of the Governor of the
said Company and their successors for the time being for that
purpose first had and obtained.

And also, that he, the said Earl of Selkirk, his heirs or
assigns or any person deriving title by, from, through, or
under him, them, or any of them — shall not in any manner
without such license or consent as aforesaid carry on or estab-
lish or attempt to carry on or establish in any posts of E~orth
America, any trade or traffick, in or relating to any kind of
furs or peltry or in any manner directly or indirectly aid or
abet any person or persons in carrying on such trade or traffic
or in any manner otherwise than as hereinafter mentioned,
navigate or traffic or assist in navigating or trafficking upon or
within any of the seas or waters within Hudson's Streights
aforesaid, or unlawfully enter into or trespass upon any part
of the land or territories belonging to the said Governor and
Company and their successors in or at Ruperts Land afore-
said, not hereby granted and enfeoifed or otherwise assured
or expressed and intended so to be.

Nevertheless it is agreed that no act of entry shall be
deemed construed or taken to be an act of trespass within the
meaning of this condition unless committed after some special
notice or prohibition in writing, shall be or have been given
by the said Governor and Company or their successors or some
person or persons duly authorized by them unto the person or
persons who from time to time shall be, or be alleged to be
guilty of such trespass.

Provided also, and it is hereby further declared and agreed
by and between the parties hereto, and the presents are upon
this further condition that it shall and may be lawful to and
for the said Governor and Company and their successors at
any time or times except in respect to such of the land hereby
granted and enfeoffed or otherwise assured or expressed and
intended to be, as shall have been put by the said Earl, his
heirs or assigns into a state of actual cultivation or settlement
to form or make within the said tract of land hereby granted
any post or place, posts or places of establishment or com-

PIONEER LEGISLATION 161

munication for traffick, trade or commerce with the native
Indians and for such purpose to and for the said Governor
and Company and their successors to use, occupy and enjoy
such post or place, posts or places, and in like manner to use,
occupy and enjoy all and every post and place or posts and
places already formed or made with free liberty of ingress,
egress and regress to and for the said Governor and Company
and their successors and their servants or agents with or with-
out horses, carts, carriages, boats, vessels and other usual or
customary vehicles of conveyance to go to and from the said
posts and places in over or upon all and every or any of the
roads, ways, rivers and canals which now do or which shall or
may from time to time lead to or from the said posts or places
doing as little damage as may be to the other part of the land
hereby granted and enfeoffed and allowing reasonable com-
pensation for the damage which shall be so done.

Provided also, and it is hereby further declared and agreed
between and by the parties to these presents that the several
conditions herein before contained shall not be construed and
taken to be entire conditions, so that a dispensation or waver
of any part branch or member either pro-tempore or otherwise
shall operate as a waver or dispensation of every part of such
condition, it being the true intent and meaning of the said
parties to these presents that the same conditions may be dis-
pensed with, in part either pro-tempore or otherwise and yet
continue in force and being as to every other part branch or
member thereof, not within the express letter of such dispen-
sation any rule of law to the contrary in any wise notwith-
standing.

And it is also declared and agreed between and by the
parties to these presents, and the said Governor and Company
for themselves and their successors hereby grant, that in case
the said Earl of Selkirk, his heirs or assigna shall alien or
otherwise dispose of the land, hereditaments and premises
hereby granted and enf eofied, or otherwise assured or expressed
and intended so to be, in separate parcels or divisions, such
division or parcel shall so far as concerns1 any condition here-
in contained, be and shall be deemed, construed and taken to
be held distinct, separate and apart from the other or others
of the said divisions or parcels, and the estate and interest of
the owner and proprietor, owners and proprietors of any one
or more division or parcel, divisions or parcels shall not be or
be liable to be defeated or destroyed by any act of forfeiture

28159—11

162 CANADIAN ARCHIVES

or breach of condition which shall be made, done or committed
by the owner or proprietor, owners or proprietors of any other
division or parcel, divisions or parcels, but shall and may not-
withstanding such act of forfeiture or breach of condition
continue and be in full force and effect, in like manner, as
though the several conditions herein contained had been an-
nexed to the estate and interest of such last mentioned owner,
proprietor or proprietors only and not to the estate or interest
of any other owner or proprietor, owners or proprietors.

Provided also, and it |s hereby further declared and agreed
between and by the parties to these presents that in all and
every or any case of forfeiture or breach of the conditions here-
in contained the said Governor, and Company and their succes-
sors shall take advantage and avail themselves of the same by
entry, within five years from the day or time on or upon which
any act of forfeiture or breach of condition shall be or have
been made, done or committed or be for ever barred and fore-
closed from taking advantage of the same, it being intended
and hereby agreed that such omission on the part of the said
Governor and Company and their successors, whether arising
from want of knowledge or from any other cause, shall be con-
strued to be and shall operate as a dispensation or waver of
such forfeiture.

Provided also, and it is hereby further agreed and declared
between and by the parties to these presents and the said Gov-
ernor and Company do hereby for themselves and their succes-
sors, give and grant unto the said Earl of Selkirk, his heirs
and assigns and all and every the person and persons whomso-
ever claiming or deriving title by, from, through, or under
him, them or any of them, as lessee or lessees, or otherwise,
free liberty and license to convey any produce of Rupert's
Land aforesaid, save and except the furs, skins of beavers and
other animals of a wild and untamed nature, to Port Nelson,
in Hudson's Bay, and to commit, send and consign the same
to the Port of London, to be there deposited and lodged in the
warehouses belonging to or to be from time to time appointed
by the said Governor and Company and their successors.

And in like manner to import, bring and convey into the
said land and territories called Rupert's Land any goods,
wares, merchandizes or commodities of any kind, nature or
description whatsoever as well, manufactured for the use, con-
venience and consumption of the persons being or residing
within the limits of the land hereby granted and enfeoffed, or

PIONEER LEGISLATION 163

otherwise assured or expressed and intended so to be, and to
sell, barter and exchange, or otherwise dispose of the same at
his and their will and pleasure.

Nevertheless, it is further agreed that the said produce,
goods, wares, merchandizes and commodities shall be conveyed
to and from Port Nelson in ships or vessels, to be from time to
time provided by the said Governor and Company and their
•successors, in pursuance of the covenant or agreement in that
behalf hereinafter contained.

And also that the said Governor and Company and their
successors shall and may claim and shall be paid and allowed
by the owner or proprietor, owners or proprietors of the said
produce, goods, wares, merchandizes and commodities, all
charges as and for and in the nature of quayage, wharfage,
warehouse room and commission for sale which shall be or
constitute the average or ordinary price or prices in similar
cases.

Together with such charge for freightage as shall at the
time or respective times be paid or payable for vessels navi-
gating between the Ports of London and Quebec, or at or for
such rates of freight as vessels can or may be chartered between
London and Hudson's Bay.

And the said Governor and Company shall and may also
charge and shall be paid and allowed for the license hereby
given and granted to and for the purposes hereinafter men-
tioned, as and in the nature of a custom or duty any sum not
exceeding five pounds, for and upon every one hundred pounds
in value, or amount of the produce, goods, wares, merchan-
dizes and commodities, which shall or may be conveyed to or
from Port Nelson aforesaid, and so in proportion for a less
quantity in value or amount than one hundred pounds unless
the same kind of produce, goods1, wares, merchandizes and
commodities shall be subject to a higher rate of duty or impor-
tation at Quebec, and then in cases of importation the said
Governor and Company and their successors shall and may
charge, and shall be paid and allowed at and after the same
rate as shall be paid or payable at Quebec, such value or
amount to be from time to time fixed and ascertained in
all cases of imports by and upon the actual and bona fide in-
voice prices, and in all cases of exports by the net proceeds of
sales at London.

And the said Governor and Company do hereby for them-
selves in their corporate, and not individual capacity and for
28159—111

164 CANADIAN AECHIVES

their successors, covenant promise and agree to and with the
said Earl of Selkirk, his heirs and assigns in manner follow-
ing, that is to say:

That notwithstanding any act, deed, matter or thing what-
soever made, done, committed, permitted or suffered to the
contrary by them the said Governor and Company, or by any
person or persons claiming or to claim by, from, through, under
or in trust for them, they, the said Governor and Company
now have in themselves, good right, full power and lawful and
absolute authority by these presents to convey and assure the
land, hereditaments and premises hereby granted and enfe-
offed, or otherwise assured or expressed and intended so to be,
and every part and parcel of the same unto and to the use of
the said Earl of Selkirk, his heirs and assigns, according to
the true interest and meaning of these presents, and also that
notwithstanding any such act, deed, matter or thing as afore-
said, it shall and may be lawful to and for the said Earl of
Selkirk, his heirs and assigns, immediately after livery of
seizin made and executed in pursuance of these presents, and
from time to time and at all times thereafter peaceably and
quietly to have, hold, use, occupy, possess and enjoy the land,
hereditaments and premises hereby granted and enfeoffed, or
otherwise assured or expressed and intended so to be, and every
part and parcel of the same and the rents, issues and profits
thereof to have, receive and take for his and their own use and
benefit without any let, suit, trouble, eviction, molestation,
ejection, expulsion, interruption, hindrance or denial of from
or by the said Governor and Company or their successors or
any other person or persons lawfully or equitably claiming or
to claim any estate, right, title, trust or interest at law or in
equity of, in, to, out of or upon the said land, hereditament
and premises or any part or parts of the same by, from,
through, under, or in trust for them, and that free and clear,
and freely and clearly and absolutely, acquitted, exonerated,
released and discharged or otherwise by the said Governor and
Company and their successors at their own costs and charges,
well and sufficiently protected, defended, saved harmless and
kept indemnified of, from and against all former and other
gifts, grants, bargains, sales, leases, mortgages, jointures, uses,
trusts, wills, intails, annuities, legacies, rent charge, rent seek,
rent service, and all arrears of rent, and also of from and
against all and all manner of fines, issues, seizures, amercia-
ments, statutes, recognizances, judgments, executions, extents,

PIONEER LEGISLATION 165

suits, decrees, debts of record, debts to the King's Majesty, or
any one of his predecessors, sequestrations, debts, titles,
troubles, liens, charges, and incumbrances, at any time or
times heretofore, and to be at any time or times and from time
to time hereafter made, done or committed, occasioned, per-
mitted or suffered by the said Governor and Company or their
successors or any other person or persons rightfully claiming
or to claim by, from, through, under, or in trust for them, or
by their acts, means, default, consent, privity or procurements.

An<3 moreover, that they the said Governor and Company
and their successors, and all persons whomsoever lawfully or
equitably claiming or to claim by, from, through, under, or in
trust for them any estate, right, title, trust, charge or interest
of, in, to, or out of the land, hereditaments and premises here-
by enfeoffed or otherwise assured or expressed and intended
so to be, or any part or parcel of the same shall and .will from
time to time and at all times hereafter upon every reasonable
request, and at the costs and charges in all things of the said
Earl of Selkirk, his heirs and assigns make, do, acknowledge,
suffer, execute, and perfect, or cause, or procure to be made,
done, acknowledge, suffered, executed or perfected all such
further and other lawful and reasonable acts, deeds, devices,
conveyances and assurances in the laAv whatsoever, either by
common recovery or recoveries, deed or deeds enrolled or not
enrolled, release confirmation or assurance whatsoever for the
further, better, more perfectly and absolutely and satisfac-
torily conveying or assuring the said land, hereditaments and
premises and every part and parcel thereof, unto and to the
use of the said Earl of -Selkirk, his heirs and assigns, subject
to the power of appointment on the part of the said Company,
and to the conditions and provisos hereinbefore contained,
according to the true intent and meaning of these presents, as
by the said Earl of Selkirk, his heirs or assigns, or his or their
counsel in the law shall be reasonably devised or advised and
required, so as further assurances or any of them shall not
contain or imply any other or more general covenants or war-
ranty on the part of the said Governor and Company than as
for or against them and their successors in their corporate and
not individual capacity, and on the part of any other person or
persons who shall be required to make and execute the same
than for the acts, deeds, and defaults of himself or themselves
respectively and his, her and their executors and administra-
tors, and so as the person or persons who shall be required to

166 CANADIAN ARCHIVES

make or execute such further assurances be not compelled or
compellable for the making or doing thereof to go or travel
above ten miles from his, her or their dwellings or places of
abode.

And further that the said Governor and Company and their
successors shall and will from time to time and all times here-
after find and provide the said Earl of Selkirk, his heirs and
assigns and all and every other person or persons whomsoever
deriving, title, by, from, through, or under him, them, or any
of them, either as lessee or lessees or otherwise, and who shall
be or become a settler or settlers upon or at Rupert's Land
aforesaid, with good suitable and convenient ships or vessels,
in order and to the intent that he, she or they, may in pursu-
ance and under or by virtue of the licence hereinbefore given
and granted, convey such produce, goods, wares, merchandizes
and commodities as aforesaid to and from Port Nelson afore-
said, and ' also, shall and will find and provide proper and
suitable warehouses, wharfs, quays, and other places for hous-
ing and landing the same before lading or after unlading there-
of on being paid and allowed such price or rate of freightage
and duty and such quayage, wharfage, and warehouseroom as
aforesaid.

And in case the said Governor and Company and their suc-
cessors shall neglect or fail to provide such ships or vessels,
warehouses, wharfs, quays, and other places as aforesaid con-
trary to the true intent spirit and meaning of the covenant or
agreement last aforesaid, — then, and in such case it shall and
may be lawful to and for such settler or settlers to cotivey such
produce, goods, wares, merchandizes and commodities to and
from Port Nelson aforesaid in ships or vessels belonging to
them the said settler or settlers or any person or persons whom-
soever (subject nevertheless to the payment of such customs
or duties as aforesaid), and after and not before such settler
or settlers shall have bound himself, herself or themselves, and
his, her, and their Heirs, executors and administrators in a
sufficient penalty, not to break bulk between the port of lading
and the port of discharge, and he, she, or they shall not hereby
be, or be deemed or taken to have infringed or violated any
right, power, privilege, immunity, or franchise whatsoever
belonging or appertaining to the said Governor and Company
or their successors within the intent and meaning of any con-
dition herein contained.

And also that the said Governor and Company and their
successors shall and will stand possessed of and interested in

PIONEER LEGISLATION 167

all and singular the monies to be collected and raised for or in
the nature of customs or duties under or by virtue of these
presents, upon the trusts and to and for the intents and pur-
poses hereinafter mentioned, that is to say:

In trust, that they the said Governor and Company and
their successors do and shall from time to time and at all
times hereafter pay and apply the same for and towards im-
proving the communication by land or water from Port Nelson
to Lake Winnipeg, regulating and sustaining the police and
civil government of the settlements or plantations within their
own territories, making and erecting public courts, offices,
places and buildings, and for and towards all or any such other
purposes as they the said Governor and Company and their
successors shall or may think meet and proper and conducive
to the well-being of their said settlements and establishments
in or at Rupert's Land aforesaid, or of the persons being set-
tling and residing in or within the same.

And they the said Governor and Company and their suc-
cessors shall and will from time to time account for such
monies accordingly, it being the true intent and meaning of the
said parties hereto that the said Company shall have the abso-
lute control and expenditure of all and singular the monies
arising as aforesaid, but that the same shall be considered as
a fund to be employed for purposes of general benefit and im-
provement to their establishments and possessions in America,
and not to be divided as an account of profit to the general
proprietors of their stock.

In witness whereof the said parties to these presents have
hereunto set their hands and seals the day and year first above
written.

(Signed) SELKIRK, [L.S.]

ALEXANDER LEAN, [L.S.]
Secretary of the Hudson's Bay Company.'

Indorsed. — Sealed under the common- seal of the within-
mentioned Governor and Company, and signed and delivered
by Alexander Lean, their Secretary, pursuant to their order
and appointment, and signed, sealed, and delivered by the
within-mentioned Thomas, Earl of Selkirk (being first duly
stamped), in the presence of

ALEXANDER MUNDELL,

Parliament Street,

Westminster.
EDWARD ROBERTS,

Hudson's Bay House.

168 CANADIAN ARCHIVES

Suit Pattestation ecrite et assermentie du premier de ces
deux temoins, Alex. Mundell, en presence du Ma ire de Lon-
dres.
Sworn at the Mansion

House, London, this

(Signed) ALEXANDER MUNDELL.

twenty-third day of T

April, 1819, before JoH1J AlKnre' tL.S.]

me,

Puis>, attestation notariee, in testimoninin veritatis.
(Signed) WILLIAM DUFF,

[Notary Public.

Be it remembered that on the fourth day of September, in
the year 1812, at the Forks of Bed River, peaceable possession
of the land and hereditaments by the within-written indenture,
granted and enfeoffed, or otherwise assured or expressed, and
intended so to be, was taken, had, and delivered, by the within-
named William Hillier, one of the attorneys for that purpose
appointed, unto the within-named Miles MacDonnell, Esquire,
who was duly authorized to receive the same, to and for the
use of the within-named Earl of Selkirk, his heirs and assigns,
according to the form and effect of the within-written inden-
ture, in the presence of

(Signed) JOHN McLEOD,

RODERICK McKExziE.

(6) MILES MACDONELL.

1. Instructions to Miles MacDonell. 1811.w

I. According to the arrangements made with the Company
all the men are to sign contracts in the usual form whether
intended for the settlement, or for the Company's commercial
establishments; and these contracts will be for three years at
the stipulated wages. If the total number who rendezvous at
Stornoway amount -to 200 or upwards, M. McD. is to be
allowed to select 40 out of them; but if the total number is
less, then a praportioiiably less number is to be taken for tlu>
settlement but not less than 30. Those whom you select should
be brought together into one ship, either at Stornoway or while
the ships remain in Coy. These mien will be counted on tho
establishment of the settlement. The selection should be made
with a view of establishing an extensive local connection, and
for this purpose people should be taken from a variety of
districts rather than from one in particular. Of the Irish, 12 or

iDominion Archives, Selkirk Papers, I. 168-180.

PIONEER LEGISLATION 169

15 may be sufficient, including the tradesmen: the rest may
be Highlanders, mostly of Capt. Kod'k McDonald's list. All
the married, men should of course be taken and the more elderly
of the unmarried, both as being most likely to be steady and
also less fitted for the Company's commercial business. The
rest of the Irish and most of the Highlanders will be under
Mr. Hillier's command at Winipic River so that a communica-
tion may be kept up. Mr. Kelly may pay them a visit occa-
sionally.

It is of great importance to introduce and keep up from
the first habits of exact subordination, and implicit obedience
to command; but in doing this it is necessary to avoid excit-
ing the jealousy of the people, who might think they were
kidnapped if the forms of military service were prematurely
introduced. On the passage the practice of keeping watch and
watch and the various observances which the regulations of a
ship require, afford sufficient opportunities for enforcing the
essential principles of obedience and discipline. After you
leave the Factory on the inland route, the propriety of guard-
ing against surprise from Indians, etc., afford an evident
reason for introducing some military observances, as to
watches, sentinels, etc. After .your arrival at the Settlement
this reason will become so evident, that the forms of a regular
garrison may be introduced, and when the people see distinctly
the nature of the undertaking, from the occupations in which
they are employed, they will probably consent without diffi-
culty to practice military evolutions. A weekly exercise may
then be established, for firing at a mark, and the more simple
movements, and in the course of next summer some weeks may
be allotted for a general training, such as that given to the
Volunteers or Local Militia in this country ; and that practice
once begun should never be dropped.

On your arrival at York Factory, you will receive supplies
of all necessary articles, which could not be so conveniently
sent from hence. Among these are particularly specified 25
kegs of rectified spirits. For all these supplies you will give
i\ receipt, so that the value may be settled for here. Beside*
the articles required for the general service of the settlement,
the Company recommend to the Superintendent there to send
up an extra quantity of slops, etc., to be under the charge of a
Trader at the settlement or somewhere in its vicinity. From
these the men may be supplied with any articles which they
require; the Trader will have instructions from the Company

170 CANADIAN ARCHIVES

as to the rate at which these are to be charged, and he will
furnish them on your countersigning the receipt or order of
the man who receives them, which may be done if the man
has a balance of wages due to him. An account must be
opened for each man's wages; and the price of articles so
furnished must be stated as payments to account ; and a state-
ment of these accounts being sent home at the end of the year,
it will be seen what balance in cash remains due to each indi-
vidual. The charges will be made up by the Company against
the settlement generally; but will thus be balanced by tho
charges made against the wages of each individual.

On your arrival at York Factory, arrangements must be
made with the officers of the Factory respecting a Boat-builder,
who is to remain there on the R.R.S. establishment, to prepare
boats for the people who are to go out next year. This Boat-
builder is perhaps to have one or two apprentices and they are
all to be treated like the other servants of the Factory, but the
charges of their wages and diet to be counted against the settle-
ment. The Company recommend to their officers at Y.F. that
during the winter they shall give every assistance which they
can afford of spare hands, to cut, carry out and saw timber for
the use of the Boatrbuilder, the value of all which is to be
accounted for. You will learn from the officers of the Factory
what amount of assistance may be expected ; and from this the
Boat-builder may calculate what number of boats he can have
ready by the time that next year's ships arrive. This you will
communicate to me, by the return of the ships, that I may
judge for what number of people there will be conveyance next
year. It is probable that at Y.F. you may also meet people
well acquainted with the Bed River, from whom you can
obtain intelligence what supplies of Buffalo meat may be reck-
oned upon. This also is a material that I should be informed
of, so as to judge whether there will be next year a supply of
provisions for all the people who can be conveyed up.

It has been recommended by the officers at Y.F. to supply
you with the necessary assistance of Pilots for going up the
river, together with as many experienced hands as they can
spare. It is not to be expected however that these can ^o
any further than the outlet of Lake Winipic and for the navi-
gation through the Lake, it is, to be hoped that no peculiar
assistance will be necessary. During the voyage up, every
exertion will be necessary to make all the progress possible, so
as to arrive in good time at the place of settlement. In these

PIONEER LEGISLATION 171

exertions the men must be encouraged by a reasonable distribu-
tion of spirits whenever the work is severe. You are well
aware of the necessity of caution and moderation in this parti-
cular, and I trust that you will have no difficulty in impressing
on the other gentlemen, who are of the party and to whom any
part of the superintendence may be delegated, that the distri-
bution of spirits must never go to excess, that it must be
reserved for occasions of great exertion, and must not be
allowed to grow into a fixed allowance in ordinary circum-
stances. The quantity to be furnished at Yk. is reckoned to
be considerably beyond what will be required for the consump-
tion of the people themselves so as to afford a surplus for
trafficking with the Indians for meat, etc.

On your arrival in Red River the first and most important
point will be the choice of a situation for the settlement. For
the sake of health, a dry and airy situation is essential and may
be sought with most probability where the River approaches
the high or outer bank. To unite every advantage this should
be in a plain of tolerable extent, yet near the edge of the
woods, and the plain should both be of fertile soil and of suffi-
cient extent to allow a number of settlers to be spread out, on
separate lots, each enjoying the advantage of wood, water and
open lands fit for immediate cultivation. The country from
the mouth of the River to the Forks and for some distance
farther is described as generally wooded, with only a few small
iand insulated plains which would not probably answer the
purpose. If it is necessary to go up the River to the edge of
the great plains, some time must be occupied1 in examining
'both branches so- as to choose a good situation ; and it would
foe a great loss, if the people were to remain all this time idle.
'It may therefore be advisable to make a halt at the first toler-
Wble situation that you find, and set the men to work there
with their spades to turn up. some ground for winter wheat,
while you go with a small party to explore. Perhaps the best
spot for this halt will be that marked in P. Fidler's survey by
the name of Pelican Ripple, which he describes as the first
plain in going up, and also as nearly dead water from the
Lake, so that a sailing vessel might probably be able to reach
it. If so this must become in time a place of consequence
'though the country appears to be too low to be chosen as the
permanent situation of the first establishment. It is probable,
however that a house may be built and a few people left with-
out danger through the winter, to guard the crop and extend
the improvements there, while the main body proceed farther

172 CANADIAN ARCHIVES

up the River. It will be extremely important that you should
be able to remove to the ultimate situation before the setting
in of winter ; so that during -the winter some progress may be
made in clearing and on the opening of the Spring every exer-
tion for bringing into cultivation as much land as possible.
If your arrival in Red River be very late it may be a matter
of necessity to remain for the winter at Pelican Ripple or in
the first spot that you stop. at. In that case it will be necessary
to remain ther till after the Spring seed time is over not to
interrupt the exertions for so important an object as the first
crop. It will be easy to move up in course of the summer
before the ..... season comes on, which ought not by any
means to be passed in the low and moist country. There will
however, be considerable inconvenience in removing from a
place where a considerable quantity of work has been employed,
and where much crop has been sown; but if your arrival is
very late in the season, it is perhaps impossible to avoid this
inconvenience.

All this however must depend on local circumstances, on
which we are as yet veery imperfectly informed, but on which
you may obtain perhaps more minute information before you
arrive at Red Deer.- You may propably find P. Fidler at
York Ft. or other persons who have been in the country, from
whose description a situation may perhaps be selected before-
hand with tolerable certainty, and if you are thus enabled to
go on to it at once, without loss of time, it will be a great
advantage.

A communication must of course be established as soon
as possible with the Posts of the Company at Pembiiia
(Pabana) and Brandon House, from which (particularly from
the latter) very essential supplies may be drawn. They have
particular large stocks of horses, which are tolerably domesti-
cated and accustomed to draw in carts. The officers of the
Company at these posts are instructed to supply as many of
these horses as they can spare, and they may probably have no
great difficulty in sparing their whole stock, if they have suffi-
cient notice so as to purchase others from the Indians to
replace them — of the value of the horses so furnished an
estimate must be made according to the value of goods which
must be expended to purchase from the Indians other horses
as good, and the value so ascertained will be accounted for
here. The Company's establishments at Brandon House, etc.,
will also supply you with seed, potatoes and perhaps SOITIP «cjrd

PIONEER LEGISLATION 173

grain, which will be accounted for in like manner. Perhaps
however a greater supply at least of Indian corn may be ob-
tained from the Ottawa and Bungee Indians at Dead River
near the mouth of Red River.

With respect to these and all other tribes of Indians with
whom you have any intercourse, no precaution must be omitted
to obtain their friendship as the party will not much exceed the
numbers of an ordinary trading post, it may be hoped that in
the first instance they will pass for such; and to countenance
that idea it will be very useful if the Superintendent at York
will send a trader with an assortment of goods for the Indians,
to accompany the settlers. Though this idea cannot be of very
Icng duration, it will be well to keep it up as long as possible,
at least till the post is well established and fortified. When it
can no longer be concealed that the establishment is to be per-
manent, if the jealousy of the Indians appears to be roused,
the proposal of purchasing the land must be brought forward.
The purchase ought to be, in part at least and as much as possi-
ble by way of annuity, rather than a price to be paid at once.
An annuity to be annually distributed among the tribes and
families, who have a claim to the lands, will form a permanent
hold over their peaceable behaviour, as they must be made to
understand that if any individual of the tribe violates the
treaty, the payment will be withheld. It is to be hoped that
from your first arrival in the country an intercourse may be
established with the neighbouring tribes and by personal atten-
tions, presents, etc., the leading individuals may be conciliated
which will greatly facilitate -any general treaty. A boon of
immense consequence may be held out in the communication of
the vaccine. On this point it may be necessary to proceed
cautiously to avoid misapprehension, but time and patience will
convince them, both of the value and the beneficence of the gift.
Perhaps by judicious management on the part of the inter-
preters, they may be laid [made] to entertain very high ideas of
the power of those who have such a command over nature.
Much in all this must depend on the interpreters, and from the
adjacent establishments of the Company, we may expect
essential assistance. But after all the attentions which can be
used for obtaining the friendship of the Indians, it would
certainly be wrong to trust very much to it, especially after the
threats which have been held out. A better security will be in
the awe which they will entertain for so strong a post, if thety
see it guarded with unreniitted vigilance, and especially if they

174 CANADIAN ARCHIVES

find that any proceeding in the least degree savouring of insult
or encroachment is repressed with a determined vigour.

It cannot be necessary to enter into >any detail of the build-
ings which must be erected, or of the process of clearing land,
inclosing tilling, etc., etc., which must occupy your attention.
All that needs to be observed is. that the work of the first
season ought to be concentrated as much as possible in the near
vicinity of the fort, both for security and that the work may
be carried on with more regularity and less loss of time. The
men being all upon wages and therefore under complete com-
mand, may be employed in the most systematic manner, in dis-
tinct lands allotted for different branches of the work, each
under their separate overseer. It is of evident consequence
that the first crop should be as large as possible ; and to animate
the exertions of the people it mav be held out that if the abund-
ance-of the harvest answers your expectations, they will receive
their allottments of land without waiting the expiration of
their contracts of service. In fact if the first harvest proves
tolerably abundant, and the produce in any degree encouraging,
the people should then receive separate allottments of land, to
cultivate each for himself, with the promise that as soon as
.they have raised a sufficient crop to feed a family and build a
house to lodge them, their friends from home shall be brought
out to them. From the time that any man is thus set free to
work for himself, his wages ought to cease. He must be
assisted with a supply of provisions for the first year, as well
as tools; for which if he has not the means of paying he should
be charged as a debtor to the establishment; and a moderate
charge should in like manner be added on account of the land
allotted to him. A description of the land allotted to each
should be sent home, so that a grant in due. form may be sent
out to be delivered to the settler, on payment of his debts. The
price to be put on the first lots, is of little consequence except
for the sake of the principle. They may be laid out from 50
to 100 acres to each man, and should as far as possible combine
wood and plain in every lot. If, however, the Indians should
appear disposed to be troublesome so as to excite any apprehen-
sions for scattered settlers, small lots of 5 or 10 acres may be
laid out more closely adjoining to the fort and assigned to the
men on a temporary tenure to cultivate till they can safely
take possession of their full lots. The reinforcement sent out
next year will probably do away all apprehension on this score.

PIONEEB, LEGISLATION 175

2. Letter from Selkirk to Miles MacDonell. June 18. 1811.(l}

LONDON, 13th June, 1811.
MY DEAR SIR : —

In the event of any accident to myself it is proper that
you should be enabled to refer those who may succeed to the
management of my affairs to some permanent evidence of the
terms under which you have engaged your services for the
management of the Colony which you are now proceeding to
form in the Territories of the Hudson's Bay Company. In
this view I have to state that you are to receive a grant of
fifty thousand acres, to your self and your heirs. This grant
must be subject to the general conditions imposed by the
Company in their grant to me, and also to any general regula-
tions which may be adopted for the purpose of preventing one
proprietor from alluring away settlers brought to the country
by another ; but it shall not be burdened by any particular
stipulations of settlement. In the particular location of this
grant, I shall have every disposition to gratify your own wishes,
consistently with those general principles which must be ad-
hered to in the distribution of land. Besides this particular
grant you are to have an interest in a joint Stock Company to
which I purpose to assign a large proportion of the Territory
granted to me, on condition of establishing a fund for its
settlement, and on the formation of this Company shares shall
be reserved for you> equivalent to a subscription of five
hundred pounds sterling.

You are also to receive a pecuniary salary at the rate of
three hundred pounds a year, so long as you continue in the
management of the Colony; which salary is at present current
from the 29th, ulto. On the formation of the Company to
which I have already alluded, the payment of your salary will
probably devolve upon them, but I have no doubt that your
management of the business entrusted to you, will be such that
they will be anxious to retain you in their service so long as
you find it convenient to remain in that remote country. I
trust that you will not quit the colony till it is fairly estab-
lished and past the dangers of an infant settlement; but if
your inclination should then lead you to resume your residence
in a less remote part of the world, you may depend on my
most strenuous endeavours to promote your interest and to
obtain for you an advantageous establishment.

I am, dear Sir, Yours sincerely,
Miles MacDonell, Esq. (Signed) ' SELKIRK.

1 Dominion Archives. M. 155, p. 137.

176 CANADIAN ARCHIVES

3. Extract of Letter from Selkirk to Miles MacDonell. June

29th, 1811.™

" I inclose a paper which I firmly trust will prove a super-
fluous precaution; but it would be wrong to omit attending
to any contingency against which foresight can guard. I have
therefore written the inclosed in which the nomination of your
second is left entirely to your discretion. Perhaps you may
not yet be fully satisfied which of the gentlemen of the party
may be the most fit for the charge, and therefore it may be
advisable for the present only to insert the name in pencil.

Adieu, — my dear Sir, — I can scarcely express the anxiety
with which I shall expect further accounts from you.

Yours,

SELKIRK.

4. Blank Commission Signed by Selkirk Enabling Miles Mac-

Donell'to Appoint Successor.. June %9tli, 1811.(2)

LONDON, June 29th, 1811.

I hereby declare, that in case any unfortunate accident
should prevent Captain Miles McDonell from attending to
the business intrusted to him, it is my intention that the man-
agement of my business and the command of the settlement
under his charge, shall devolve upon the gentleman whose
name shall be written hereunder by Capt. McDonell, trusting
that the person so nominated will guide his conduct by the
Instructions given by me to Capt. McDonell together with such
further directions as Capt. McDonell himself may have com-
municated.

SELKIKK.
In lead pencil.

(Archibald MacDonald,
to succeed

Miles Macdonell.)

5. Notice Published in tlie Quebec Gazette. Dec. 12, 1811.

PROVINCIAL SECRETARY'S OFFICE,

QUEBEC, 10th December, 1811.

His Excellency the Governor has been .pleased to appoint
the following persons to act as Civil Magistrates and Justices

1 Dominion Archives. M. 155, p. 141.
8 Dominion Archives. M. 155, p. 143.

PIONEER LEGISLATION 177

of the Peace for any of the Indian Territories or parts of
America not within the limits of either of the Provinces of
Upper or Lower Canada, or of any Civil Government of the
United States of America as well as within the limits of either
of the said Provinces, viz. : — Miles Macdonell, William Auld,
Thomas Thomas, William Hillier, Thomas Vincent, John
Thomas, George Gladman, William Hemmings Cook, Thomas
Topping and Abel Edwards, Esquires. (1)

6. Extract of Letter from Miles Macdonell to Selkirk. May

31, 1812.™

We must immediately have some kind of judicature in the
Colony. "Ko Government is so fit for such an establishment,
in the beginning as a military one. I imagine that once in
possession of the Royal Commission, martial law might be
established by a proclamation, but I shall require forms. In
support of this some coercive power may be necessary — a
company of 50 men would be sufficient in the first outset.
They would be mounted in the country, to act as Infantry or
Cavalry as the service might require. A war with America,
I suppose, would facilitate the obtaining this from the Govern-
ment, as they would naturally wish to strengthen every part —
and if ready raised troops were objected to, the men could soon
be recruited in those parts of Ireland and Scotland from which
the families are brought. More companies might in time be
added if required. Should Military Law be established with-
in the tract, all traders must take out a License, which may
answer a good purpose with the E". W. Co.

The present state of the country requires strong power
to bring it to order, and if we are to have Glasgow weavers, or
others of similar principles among us, instead of bein^ formid-
able to the Indians, or other external enemies, we may all be
overturned by one tumultuous onset of our own people. Seeing
people well prepared often prevents mischievous consequences.
I submit all this to Your Lordship's most serious considera-
tion.

1 These were appointed under 43 George HI. Their names appeared
in the Quebec Gazette, being the usual form in which Justices of the
Peace were appointed by the Governor. See letter from W. McGillivray
to Major Loring, November 28, 1815. Dominion Archives, Red Elver Dis
turbances, M. 778, F.

2 Dominion Archives, M. 155, p. 330.
28159—12

178 CANADIAN ARCHIVES

7. Letter from Selkirk to Miles Macdonell, June 13, 1813, in
reply to the above.

In your letter of May 31 you urge the necessity of an effi-
cient Judicature for the Colony, a point of which I fully con-
cur. The subject has occupied, a great deal of attention since
I wrote to you last. Your suggestion as to a Military Govern-
ment is liable to difficulties of which you cannot well be aware ;
and though I do not abandon the idea yet for the present I
have found it advisable not to press the matter, and for this
year you must go on upon the same basis as heretofore. But
this is of the less consequence from the satisfactory progress
that has been made in ascertaining the rights of jurisdiction
legally vested in the Company. These are very important, but
it will require delicate management to take advantage of them.
It is intended by the Directors to send out full instructions on
this head to their principal officers but it requires so much con-
sideration to draw these up correctly, that they cannot be ready
this year. I am not sufficiently confident in my own legal
knowledge to attempt by any instructions of my own to supply
the deficiency ; and though I think it right that you should be
in possession of such an outline as I can give of the opinions
which are entertained on the subject, I would wish you to be
very cautious in applying these principles to practice, and
always to remember that any violent overstretch of authority
would be extremely pernicious to our cause.

The leading and essential point on which the best opinions
seem to be united, is that the grant of Jurisdiction contained
in the Charter is valid with only a few points of exception,
and that is not affected by the Act 43, Geo. III., called the
Canada Act. The Jurisdiction conferred by that Act on the
Courts of Canada is considered as applicable only to Indian
Territories: — and that the Territories of the Hudson's Bay
Company being a British Colony, do not come under that
description. It follows that if any of our settlers or servants
of the Co. should be arrested as Mowat was, and brought
for trial to Montreal, he is entitled to challenge the competency
of the Judicature and could not then be legally condemned.

This appears to be the present state of the Law; but it is
not probable that this can be allowed long to continue so,
unless the Co. proceed to exercise the Jurisdiction legally
vested in them, in such a manner as may afford to the people
in their Territories adequate means of obtaining the redress
of wrongs. On the other hand if they should exercise their

NOTE — In the Selkirk Papers, Vol. II, this letter appears in two
slightly differing forms bearing: dates of June 5 and 13, 1813. The latter
as being the fuller is given here. See Selkirk Papers II, 629-670.

PIONEEB LEGISLATION 179

jurisdiction in a violent and invidious manner so as to give
occasion for a general clamour against them, it is probable
that these rights would be directly abrogated by Act of Parlia-
ment. On this account peculiar caution is requisite in assert-
ing our rights forcibly, especially against the N". W. Co., who
must be expected to watch our proceedings with the utmost
vigilance, and will be ready to catch at any flaw that could
bring us into discredit with the public. It is not indeed to be
reckoned impracticable that the rights of the Company might
be enforced even without having reference to a higher author-
ity; but to do this with safety against a violent opposition
would require a minute attention to technical forms, and nice
distinctions of law, where none but a practiced lawyer could
be sure of finding his way. This therefore must not be
attempted. Means will be found of bringing our legal rights
to a fair trial before the supreme Tribunal in England; and
in the meantime any exercise of jurisdiction on the part of the
Company must be confined to what is strictly necessary for
preserving the peace and good order of the settlement, avoid-
ing carefully any step that could give a handle for misrepre-
senting these proceedings as directed to sinister objects and
particularly to the invidious purposes of monopoly.

If you keep clear of any unnecessary collision with the
N. W. Co. (remaining as to them decidedly on the defensive)
I do not apprehend any material difficulty or obstacle against
your taking upon yourself all the powers that are necessary
for maintaining the internal police of the settlement; and the
Commission which you already hold from the Company appears
to be sufficient warrant to you for doing so.

By the Charter, the Governor of any of the Co.'s estab-
lishments with his Council may try all causes, civil or crim-
inal, and punish offences according to the law of England.
You have, therefore, authority to act <as a Judge; but to do
this correctly, it is necessary that you have a council to sit as
your assessors, and also that you try by Jury all cases which
in England would be tried before a Jury.

In the present circumstances of the Colony there would be
much difficulty in finding a proper Jury to be empannelled
and it must be quite impracticable to follow out closely the
forms used in England in the selection. But it is not to be
concluded from this that nothing can be done. Many cases
may occur, where it would be an absolute denial of justice not
to bring the matter to trial, and where that is evidently the

28159— 12i

180 CANADIAN ARCHIVES

case subordinate difficulties must give way and may be safely
over-ruled. There are but few crimes which it is competent
to try, except by the Judicature of the district where the act
was committed. By a special Act of Parliament a murderer
may be tried in England for a crime committed abroad, but
this is almost the only case, a thief or a robber can only be
tried by the local jurisdiction; and the Canada Act being'
understood in the way which has been stated, these and many
other serious offences must go unpunished, unless the rights of
Judicature which are placed in your hands be exercised in the
best manner that circumstances admit. If in a case of this
kind, your conduct be evidently impartial and temperate, if no
doubt can be entertained of your having acted right to the best
of your judgment, and kept as nearly as you could to the
essential principles of the law of England, there can be no risk
of your conduct being afterwards impeached on account of any
defect of form unavoidably occasioned by the situation in which
you are placed.

After all a good deal of hesitation might be felt on this part
of the subject, if it were not for a suggestion which appears
to obviate the difficulty entirely, viz. :— that in any critical
and important case, involving either a capital punishment
or any other of great severity, the verdict and sentence may
be referred to Government at home so as to obtain the special
authority of the Crown for the execution of the sentence, and
thereby to obviate all question, as to the competency of the
Jurisdiction or the correctness of its exercise. In any case of
this kind, it will be necessary to send to the Secretary of Slate
a full, and distinct statement of the facts which appear in evi-
dence and the testimonies upon which they are established.
This should be done in all cases where there is a necessity for
any punishment more severe than imprisonment, but I con-
ceive the cases must be very few indeed where you can have
any occasion to go farther than that. I have no doubt that
imprisonment for a longer or shorter period according to cir-
cumstances but always steadily and strictly enforced, will be
'found quite adequate to repress any outrage or violation of the
law, with which you are likely to be threatened. If for a short
imprisonment either for security previous to trial, or as a
punishment for slight offences, warrant from yourself as Gov-
ernor will be sufficient; and for cases of trifling consequence
a summary mode of proceeding is probably the best ; but where
a long period of imprisonment appears to be advisable and

PIONEER LEGISLATION 181

the case is likely to excite much animadversion it will be
necessary to proceed by Jury, as well as in any case that calls
for a severer punishment and may require a reference home.
In order to be prepared for this more solemn mode of trial, a
.few of the most respectable persons in the settlement must be
named as your Council, of which not less than two ought to
sit along with you on any important case. One of your officers
must also be appointed as Sheriff or Provost Marshall to take
charge of prisoners, to superintend the Gaoler and in general
to execute the sentences of the Court and in case of resistance
all the settlers may be called upon to support his authority,
which as the Posse Comitatus they are bound to do. It is also,
as you know, the duty of the Sheriff to summon the Pannel
from which the Jury are to be selected. The most fit that can
xbe found among the settlers will of course be chosen, and
though some of them must be very illiterate, yet where no
better can be had, no objection can be made to your taking
such as you have, rather Ihan to allow a serious crime to go
unpunished, and in the eye of the Law, I presume none of the
settlers could be objected to as absolutely incompetent to act
as Jurymen.

With respect to forms, it is my opinion that for the present
you should not attempt them. It is scarcely possible that you
should not fall into mistakes in applying technical forms to
which you are not accustomed, and that would have a worse
effect than if without pretending to understand or adhere to
forms you attend only to essentials that your conduct may be
liable to no question on the s<*< re of impartiality and modera-
tion.

From what has been said you will perceive that nothing is
to be gained by sending home any offenders to be tried in
England, except in the single case of murder. It is therefore
a fortunate circumstance that your Insurgents were otherwise
disposed of. If a case of murder should occur, it will depend
on circumstances whether it will be best to send the culprit
home for trial in England, or to try him yourself and report
the case for the special authority of the Crown previous to
execution of the sentence. If the case is to be tried in England
all the witnesses must be sent over and those also who mav be
called in exculpation; and if they are numerous this incon-
venience may be of serious amount.

Higgins and Hart obtained a berth on board a Man-of-War
on their arrival at Orkney and have not given us the trouble of
any formal proceedings.

182 CANADIAN AECHIVES

A very material point which appears to be established
beyond all doubt, is that every person within the Territories
of the Compy. is under their jurisdiction. Therefore if the
1ST. W. people should attempt any violent aggression within the
bounds of the settlement or against the settlers, you need not
scruple to lay hold of them and proceed against them as you
would against any offenders among our own people. If they
keep a tolerable distance from the settlement and do not inter-
fere with your internal affairs, you will not seek a quarrel
with them, but you cannot allow them to insult the settlement
or to trample upon your authority. If the servants of the
H. B. Company claim your protection and redress against any
illegal violence of their antagonists committed within the limits
of your Government, you cannot refuse to interfere, and the
delinquents should be brought to punishment in the same
manner as if they had attacked the settlers ; but you must take
care to deal with perfect impartiality between the servants of
the two Companies. Indeed in all occasions of collision with
the N. W. people, it will be advisable to be very sure of your
ground and to have a case very well made out before you take
any strong measures.

With respect to our rights of landed property, that is uni-
versally considered as clear and quite unquestionable. But it
is a point of prudence not to use these rights in an invidious
manner, and for the reason which I have already stated, it
would not yet be advisable to attempt forcibly to dispossess the
."N". W. Company of the posts which they occupy. The only
point at present to be attended to is that they be not allowed to
acquire any prescriptive right which they have not already
gained. Twenty years uninterrupted possession though it
does not give an absolute right, yet creates a title which cannot
be overturned except by a process of peculiar solemnity : — but
in any case where the Canadians have not occupied the same
spot continually for that length of time, they may be sum-
moned to remove, according to the common form of ejectment,
which will of course be found in Burn. Even though this
summons should not be followed by effective removal yet it
will be sufficient to interrupt prescription, and this ceremony
ought therefore to be used in every case where the N". W. Co.
have possessed a post within our limits for nearly 20 years
but has not beyond that period. The summons must be made
before a number of witnesses so as to secure that the memory
of the proceeding shall not be lost.

PIONEEE LEGISLATION 183

In pursuance of what has been said above of the necessity
of naming a Council you may issue commissions the form of
which may be modelled with the necessary variations after
your own Com'n. from the Co'y and directed to Mr. Keveny
as 1st in Council or second in command, next Lassere, K.
McRae and to Arch'd McDonald to whom, may be added (with
Mr. Auld's previous approbation) the Chief Factors of East
and West Winipic as Councillors of the Territory or District
of Ossiniboia.

A Sheriff must also be appointed, and as I consider this
as of an office of great importance, I think that Mr. K. ought to
be nominated to it. I do not apprehend any incompatibility
of the office of Sheriff and Councillor; but as in case of judi-
cial proceedings it is the duty of the Sheriff to execute the
judgments- of the Court, it would b3 better that he should
abstain from sitting on the Bench in the trial.

All these nominations should be communicated to Mr. Auld
and reported to the Com'ee in London for their approbation.
I have already mentioned some of them to Mr. Auld as pro-
posed. Some of the steadiest of the settlers should be appointed
to act as Constables, which must be held up as an office of dis-
tinction and high respectability.

The Sheriff must also have a posse ready to support him
in case of resistance. A few trusty men may be selected from
among the indented servants, and allowed an extra pay for
this duty. If they are well officered and trained to exact
obedience, they will give you nearly as much security as you
could derive from a more regular military force. Your author-
ity may be sufficiently enforced without killing men, and any-
thing else that could be done by soldiers may be done as well
by your own trained bands.

S.. Extract from Journal of Miles Mc&donell, Sept. 3 & 4>

1812.™

Thursday, September 3, 1812. — Occupied arranging the
stores and making selections to go up and down. Went in the
afternoon to take a ride with Mr. Wills by invitation. Went
out with all the gentlemen here of the "N. W. Co., mounted
and a number of followers, about 18 altogether, freemen,
servants, Indians, everyone that could muster a horse running
races with each other. I invited them to be present the next

1 Dominion Archives. Selkirk Papers, LXII, 16743.

184 CANADIAN ARCHIVES

day at the ceremony of delivery and seizin of the land and
which was fixed to take place tomorrow at 12 o'clock.

Friday, September 4. — At 12 o'clock today fired our signal
gun and hoisted our colours, being the signal agreed on with
the N". W. Co., gent'n, that we were ready to begin. They
accordingly came across. * When the conveyance was read both
in English and French in presence of all our people and several
Canadians and Indians (Mr. Heney having prepared a transla-
tion) my Commission was likewise read, at the conclusion of
which 7 swivels were discharged and 3 cheers given. The
gentlemen assembled at my tent and partook of a cold snacke
and we drank toasts appropriate to the occasion. The head
was driven into a keg rum for the populace. Mr. Wills was
obliged to go away early on account of canoes he was sending
off, which broke up our party sooner than we should otherwise
have done. Crossed with Mr. Edwards and spent the evening
with the jN". W. Co. gentlemen.

9. Proclamation Issued by Miles Macdonell. Jan. 8, ISIJ^.^

Whereas the Governor and Company of Hudson's Bay have
ceded to the Eight Hon'ble Thomas' Earl of Selkirk, his heirs
and successors forever, all that tract of land or territory,
bounded by a line running as follows, viz. : — Beginning on the
Western shore of Lake Winnipic, at a point in fifty two degrees
and thirty minutes North Latitude, and thence running due
West to the Lake Winipigashish, otherwise called little Wini-
pic, then in a southerly direction through the said Lake, so as
to strike its Western shore in Latitude* fifty two degrees, then
due West to the place where the parallel of fifty two degrees
INorth Latitude intersects the Western branch of Red River,
otherwise called Ossiniboin River, then due South from that
point of intersection to the height of land which separates the
waters running into Hudson's Bay from those of the Missis-
sourie and Mississippi Rivers, then in an Easterly direction
along the height of land to the source of the River Winipic
(meaning by such last named River the principal branch of
the waters which unite the Lake Saginagus), thence along the
main stream of these waters, and the middle of the several
lakes through which they flow, to the mouth of the Winipic
River, and thence in a northerly direction through the middle
of the Lake Winipic to the place of beginning, which Terri-

1 Dominion Archives. Selkirk Papers, III, 916.

PIONEER LEGISLATION 185

tory is called Ossiniboia and of which I the undersigned have
been duly appointed Governor. —

And whereas the welfare of the families at present forming
settlements on the Red River, within the said Territory with
those on their way to it, passing the winter at York and
Churchill Forts in Hudson's Bay as also those who are expected
to arrive next autumn, renders it a necessary and indispensable
part of my duty to provide for their support.

In the yet uncultivated state of the country, the ordinary
resources derived from the Buffalo and other wild animals
hunted within the Territory are not deemed more than ade-
quate for the requisite supply.— Wherefore it is hereby ordered
that no persons trading Furs or Provisions within the Territory
for the Hon'ble H. B. Co., the BT. W. Co., or any individual
or unconnected. Traders or persons whatever, shall take out
any Provisions, either of Flesh, Fish, Game or Vegetables,
procured or raised within the said Territory by water or land
carriage for one twelvemonth from the date hereof save and
except what may be judged necessary for the trading parties
at the present time within the Territory to carry them to their
respective destinations and who may on due application to'me
obtain a License for the same. The Provisions procured and
raised as above shall be taken for the use of the Colony, and
that no loss may accrue to the parties concerned they will be
paid for by British Bills at the customary rates.

And be it hereby further made known that whosoever shall
be detected in attempting to convey out, or shall aid or assist
in conveying out or attempting to carry out any Provisions
prohibited as above, either by water or land, shall be taken into
custody and prosecuted as the Laws in such cases direct ; and
the Provisions so taken as well as any goods and chattels of
what nature soever which may be taken along with them, and
also the craft, carriages and cattle instrumental in conveying
away the same to any part but to the Settlements on Red Rive -
shall be forfeited.

Given under my hand at Fort Daer (Pembina) the 8th
day of January, 1814.

MILES MACDONELL.
By order of the Governor.
JOHN SPENCER,

Secretary.

186 CANADIAN ARCHIVES

10. Instructions Relative to Judicial Proceedings issued to
Miles Macdonell and Council,

All proceedings relative to Police or Government should be
done in Council, and a regular Minute or Record kept in a
Book.

In judicial proceedings it may be sufficient that one Coun-
cillor should attend along with the Governor, though more
would be better, especially if the cause is of consequence.

A nomination should be immediately made of 4 or 5
respectable settlers, to act as constables, the nature of which
office is explained in Blackstone and in Burn; but it is in-
tended to free this office of some of the disagreeable parts of
its duty so as to render it more respectable.

The appointment of constables must be made in Council
and the constables take an oath to do their duty faithfully. •

The Councillors should also swear to do faithfully the duty
of conservators of the Peace, which they hold as implied in
their nomination to the Council.

In Judicial Proceedings a Record must be kept of the
charges and the substance of the Evidence given by each Wit-
ness, and also the Judgment.

Though you cannot pretend to be master of legal forms
every trial should be conducted with proper solemnity. Upon
any case of importance the charge is to be put in writing and
given to the prisoner some time before, and due notice of the
time of trial. The prisoner is to be brought to the Bar in
open court, confronted with his accusers. The charge is then
to be read, and the prosecutor is to call his witnesses, to prove
the facts alleged. Each witness is to be put solemnly on oath
to speak the truth without reserve. The witness is first to be
questioned by the prosecutor and when his examination is
finished, the prisoner may cross-question the witness and the
members of the court may also put such questions as they
think necessary. After all the evidence is heard the Court is
to deliberate, either in public or private as they see fit, and
give their determination.

In the hearing of any cause, every witness is to be made to
speak pointedly to the facts which he observed in person, and
is not to be allowed to enter into any n<atter of hearsay. The
only exception to this is that when a principal witness is dead,
or has left the country, evidence may be given of what he has
said. In general the court ought to require the best evidence

1 Dominion Archives. Selkirk Papers, XLIV-XLV, 12017, eeq.

PIONEER LEGISLATION 1ST

which the nature of the case admits, and not to allow any
indirect or secondary evidence to be brought forward, if there
is any possibility of ascertaining the fact by direct evidence.

Persons condemned to imprisonment, as a punishment for
their offences, should always be kept to hard labour, of any kind
that appears most suitable. Any one who refuses to work, or
to obey the other regulations of the prison, should be kept in
a solitary and dark cell, till his obstinacy be overcome.

Persons put in prison before trial should not be treated
with more severity than is necessary for securing their persons.

In cases of smaller crimes, an offender, after being arrested,
should be liberated on bail, if persons of sufficient responsi-
bility become bound for his appearance to answer at his trial.

It is the duty of every constable to execute the orders which
he receives from the Governor or any Councillor, either in
person, or by written warrant.

A constable may, of his own authority, put a stop to any
breach of the peace, which he -sees attempted or threatened. If
in his presence any person make an assault, or threaten to kill,
beat or hurt another, the constable may seize such person and
keep him in safe custody till he can be taken before the Gov-
ernor or a Councillor.

A constable is not liable to punishment for executing the
warrant or order of the Governor, or a Councillor, even if the
act which he is ordered to do be illegal. The Magistrate who
issued the illegal warrant is alone responsible.

If the authority of the constable be questioned he must
shew a warrant from some officer having sufficient authority to
grant it ; and that being produced, it is unlawful for any person
to resist the execution of the warrant.

If a constable be resisted in the execution of his duty, he
may lawfully use force, so far as it is necessary, either for
executing the warrant of the Governor or Councillor, or for
putting a stop to a breach of the peace. If in consequence of
such resistance, a scuffle should ensue and the constable should
be killed, the assailant who resists him is guilty of murder;
but if the assailant should be killed, the constable is not guilty.
Any persons acting by the orders, or in aid of the constable,
are likewise indemnified from the consequences unless it can
be distinctly proved, that from malicious or criminal motives
they acted with more violence than was necessary for over-
coming the resistance.

188 CANADIAN" ARCHIVES

Any person whatever who sees a felony committed is bound
to use his endeavours to apprehend the offender, and may law-
fully seize him and take him before a magistrate.

If the individual cannot accomplish this, he ought to in-
form the nearest constable or other magistrate of the offence
committed, the person guilty and the road he is supposed to
have taken. It is then the duty of the constable to proclaim
hue and cry. This being done, all persons are bound to give
aid to the constable for pursuing and taking the offender, and
any individual who has the opportunity ought to seize him.
Even if the party so arrested should afterwards be found inno-
cent, the person who arrests him is not liable to any penalty.

If a private person should arrest another on his own sus-
picion alone, he is liable in damages if the suspicion turns out
to be ill-founded ; but a constable is not so liable unless it be
proved that he knew the suspicion to be ill-founded.

The Governor may call the Council or any member of it at
his discretion to consult with him upon matters not judicial.
It is in the discretion of the Governor to act according to their
opinion or not, as he thinks fit; but any measure which is
determined upon by the Governor in Council is to be held as
done upon the advice of all present, unless those who disap-
prove of it express their dissent in the minutes of Council and
give in to the Governor a statement of their reasons.

11. Extract of a Letter from Miles Macdonell to William Auldr
Feb. 4,

" I am instructed to form a Council. Of those proposed by
his Lordship to compose it, there are only now on this side the
Atlantic and the grave, Mr. Arch'd McDonald and the chiefs
of East and West Winipic. It seems however that a Council
is indispensably required to fill up the letter of the law, and
I have appointed 1st Mr. George Holdsworth, 2nd Mr. John
Spencer, 3rd, and 4th, the chiefs of East and West Winipic,
5th Mr. Arch'd McDonald, although at the distance? of Chrrcli-
ill from me. Will you please to signify to Messrs. Sinclair
and Hillier that it is my intention to name them should it meet
with your and their concurrence. Mr. Spencer is also ap-
pointed Sheriff for the District of Ossiniboia."

1 Dominion Archives. Selkirk Papers, III, 959.

PIONEEK LEGISLATION 189

12. Appointment of John Spencer as Councillor of Assmibola-,

Feb. 8, 1814.(l)

By Virtue of the Power and Authority in me vested by the
'Governor and Company of Adventurers of England trading to
Husdon's Bay — I hereby nominate and appoint you, John
Spencer, to be one of my Council, as Governor of the District
of Ossiniboia — conformable to the Royal Charter of His late
Majesty, King Charles Ilnd, granted to the said Governor and
Company. Given under my Hand and Seal at Fort Daer the
8th day of February, 1814.

MILES MACDOKELL,

Govr.

13. Memorandum issued to Miles Macdonell, June 10, 181J^.(~}

White to be your second in command. Give him pointedly
precedence over other yo: men on Estab't, and when you are
absent from settlement, he should have charge.

Treat him with confidence and discuss with him generally
all measures under consideration so that he may be fully aware
of your views in what is undertaken. Also you may derive
advantage from consulting with him, if you get him [to] lay
aside diffidence and state opinions freely. So far 'as I see his
judgment [is] good. In fact the advantage of discussion and
comparison of different opinions are so great that on general
principles I wish that all important questions should be con-
sidered in Council. In this case however, (as in councils of
war), the persons who are called in are to be considered merely
as advisers and after hearing their opinions, it rests with you
alone to decide, but those who dissent in a strong and pointed
manner from the measure which you ultimately determine
upon, ought to put their opinions in writing.

14. Extract of Letter from Selkirk to Miles Macdonell, July

" My former letters did not perhaps state with sufficient
distinctness that I intended Mr. White to be considered as
your second in command. I wish you to give him pointedly
the precedence over the other young men on tTie Establishment,
and that when you are absent from the settlement he should

1 Dominion Archives. Selkirk Papers, III, 966.

2 Dominion Archives. Selkirk Papers, IV, 1146.

3 Dominion Archives, M. 155, p. 179.

190 CANADIAN" ARCHIVES

be left in charge. / You should treat him with confidence and
discuss with him generally all the measures which are under
consideration, so that he may be aware of your views in what
is undertaken, and you may also derive advantage from con-
sulting with him in difficult cases, if you can get him to lay
aside his diffidence and to state his opinions freely, for so far
as I have had occasion to see, his judgment is very good when
he gives it fair play.

In fact the advantages of discussion and comparison of
different opinions are so great, that on general principles, I
wish all important questions to be considered in Council. In
this case however, (as in councils of war) the persons who are
called in are to be considered merely as advisers; and after
hearing their opinions, it rests with you alone to decide, but
those who dissent in a strong and pointed manner from the
measure which you ultimately determine upon, ought to put
their opinions in writing.

15. Extract of Letter from Miles Macdonell to Selkirk, July

25,

" After receipt of your Lordships' Dispatches I formed a
Council and named 1st, Mr. George Holdsworth ; 2nd Mr.
John Spencer; 3rd, Mr. Arch'd McDonald; '4 and 5, the
Chiefs of E. and W. Winipic. Mr. Spencer was also appointed
Sheriff. All these were duly notified to Mr. Auld.

16. Notice issued to Allan McDonnell, Oct. &1, 1814™

District of ]
Ossiniboin. )

To Mr. Allan McDonnell or the person acting for the North
West Company in the vicinity of Carleton House.

Take notice that by the Authority and on the behalf of
your Landlord the Right Hon'ble Thomas, Earl of Selkirk, I
do hereby warn you and all your associates of the North West
Company to quit the post and premises you now occupy in the
vicinity of Carleton House within Six Callendar months from
the date hereof. «Given under my hand at Red River Settle-
ment this Twenty first day of October, 1814.

-(Signed) MILES MACDONELL.

1 Dominion Archives. Selkirk Papers, IV, 1194. See also p. 959.

2 Dominion Archives. Selkirk Papers, XLIII, 11978.

PIONEEK LEGISLATION 191

17. Notice issued to Duncan Cameron, Oct. 21, 1814.(1)
District of Assiniboin.

To Mr. Duncan Cameron, acting for the North West Com-
pany at the Forks of the Red River.

Take notice, that by the authority and on the behalf of your
landlord, the Right Honorable Thomas, Earl of Selkirk, I do
hereby warn you, and all your associates of the North West
Company to quit the post and premises you now occupy at the
Forks of Red River within six calendar months of the date
hereof.

Given under my hand at Red River Settlement this twenty
first day of October, 1814.

(Signed) MILES MACDONELL.

18. Extract of Letter from Selkirk to Miles Macdonell, March

23, 1815.™

" If you approve of jMr. Pritchard as a member of your
Council, I have no objection to your taking him into it ad
interim. The ultimate arrangement cannot be determined till
the dispatch of the general Judicature Instructions are ready
which are to be sent by the ships."

19. Proclamation issued by Miles Macdonell, April 18, 1815(3)
To the Loyal Servants of the Red River Settlement who have

so handsomely come forward in defence of the lives and

property of its inhabitants.

Whereas the affairs of the settlement at this present time
are in a troubled state and the late settlers and the servants of
the 1ST. W. Co., headed by their officers have already committed
some daring outrages, and from their threatening aspect it is
uncertain but they may attempt still greater. And as you have
given them sufficient warnings by your spirited conduct today,
that you are determined to defend to the utmost of your power
the inhabitants of the Colony and the property of your em-
ployer, should any farther violence be offered, I hereby promise
on behalf of the H'ble H. B. Co., and the Right H'ble the
Earl of Selkirk, that in case any of you should be maimed or
hurt in defence of our just rights you shall receive a pension
equal to that given in the British Service.

MILES MACDOISTELL.

Red River Settlement, Govr.
18 April, 1815.

1 Dominion Archives. Red River Disturbances, M. 778 F.

' Dominion Archives. Selkirk Papers, V, 1503.

3 Dominion Archives. Selkirk Papers, XVIII, 6037.

192 CANADIAN ARCHIVES

20. Extract of Letter from Selkirk to Miles Macdonell, April,

" In hopes of overtaking the spring dispatch from. Mont-
real, I write a few hints in addition to my letters of 22 March,
etc.

" 1. When you went out in 1811 you carried with you the
Deed of Feoffment of the Ossiniboia Grant, with a memoran-
dum of Instructions as to the mode of taking Livery of Seisin
and of recording that proceeding upon the back of the deed.
The deed ought to have been sent home with that record on it.
I wish now that it should be sent by the first safe opportunity
to Montreal to Auldjo and Maitland, but that a correct copy
should first be taken and its accuracy attested by all the
members of your Council, and by Mr. Thomas, with any other
of the principal officers of the H. B. Co., who -are within reach."

21. Extract of Letter from Selkirk to Thomas Thomas, May

24, 1815.™

In common with the Committee of the H. B. Co., I
regretted your determination to quit their service. Since how-
ever you have made up your mind on that point, no plan could
have been more agreeable to me than your establishing yourself
on Red River, which 'is also highly approved of by your late
employers. I believe it to be their intention ta give you some
assistance in establishing your family there, and so far as it
rests with me I shall be ready to concur in any arrangement
that is most likely to promote your comfort. I am led to
believe that your wish to retire .from the service has arisen
only from the very laborious nature of the duties devolved
upon you, and that in establishing yourself as a settler it would
not be your wish to decline such other business as may be
accomplished without much fatigue. In this view I trust that
I may derive assistance from your abilities in the management
of my concerns at the settlement.

The duty which I wish you to undertake is that of second
iri command(3) with the special management of the pecuniary
business of the settlement, the stores being wider your control
and superintendence, a clerk being employed to keep the books

1 Dominion Archives. Selkirk Papers, LXXVI, 20052.

2 Dominion Archives. Selkirk Papers, LXXVI, 20058.

3 In a letter to Miles Macdonell, May 25, 1815 (S.P. LXXVI, 20061).
Selkirk writes, " I have requested the Company to appoint him first on
your Council or second in command in the District."

PIONEER LEGISLATION 193

under your direction, with such other assistance as may be
necessary for relieving you from the drudgery of details. It is
my view that all measures that involve expense, or that may
effect the returns to be expected from the settlement, should be
concerted between the Governor and you ; that you should form
the necessary calculations upon every plan which may be
thought advisable for carrying into effect my views for the
advancement of the Colony ; that none of these measures should
be carried into execution till they have received the full sanc-
tion of the Governor; and that on the other hand he should
give no order for any measure that involves expense, or that is
likely to affect the profits of the concern, without your concur-
rence. In case of difference of opinion, and that either the
Governor or you should think it requisite to urge a measure
which the other disapproves of, I mean that the decision be
referred to Mr. Semple.

Though the scale of transactions now carried on at the
settlement does not admit of my offering you any great emolu-
ment, yet as the duty will not remove you from your home and
family nor interfere with the attention due to your private
concerns, I hope that a salary of £100 a year may be
acceptable to you in addition to the grant of a Township of
10,000 acres of land to be held under the general conditions
specified in the prospectus of the Settlement of Ossiniboia.

22. Resolutions passed at a General Court of the Hudson's
Bay Company, May 19, 1815.

HUDSON'S BAY HOUSE, May 19, 1815.(1)

At a general court held this day, of the Governor and Com-
pany of Adventurers, of England, trading in Hudson's Bay,
for the purpose of taking into consideration an ordinance for
the more effectual administration of justice in the Company's
territories, pursuant to a notice of the same advertised in the
London Gazette, on Saturday, the 13th instant, the following
resolutions were submitted to the proprietors and passed in the
affirmative, viz.

First, — That there shall be appointed a Governor-in-chief
and Council, who shall have paramount authority over the
whole of the Company's territories in Hudson's Bay.

Secondly, — That the Governor, with any two of his Coun-
cil, shall be competent to form a council for the administra-
tion of justice, and the exercise of the power vested in them
by charter.

1 Narrative of Occurrences in the Indian countries of North America.
Appendix, p. 37.
28159—13

194 CANADIAN ARCHIVES

Thirdly, — That the Governor of Ossiniboia and the Gov-
ernor of Moose, within their respective districts and with any
two of their respective Councils, shall have the same power;
but. their power shall be suspended, while the Governor-in-chief
is actually present, for judicial purposes.

Fourthly, — That a Sheriff shall be appointed for each of the
districts of Assiniboia and Moose, and one for the remainder
of the Company's territories, for the execution of all such pro-
cesses as shall be directed to them according to law.

Fifthly, — That, in the case of death or absence of any
councillor or sheriff, the Governor-in-chief shall appoint a
person to do the duty of the office until the pleasure of the-
Company be known.

Extracted from the Minute Book of the said Company.

ALEXANDER LEAN,

Secretary.
9th June, 1815.

23. Extract of Letter from Miles Macdonell to Selkirk, Sept*

" In consequence of an Express sent to Jack R. by Archi-
bald McDonald on the first breaking out of settlers, Mr. Jas.
Sutherland joined us 10th May, and I appointed him one of
my Council."

24. Extract of Letter from Miles Macdonell to his Brother
Donald, Sept. 11, 1816.™

" Since the lamented death of Mr. Semple, the Governor-
in-Chief, I am the only person having regular authority from
the Company. I expect to be reinstated in my government
early next summer in due form."

1 Dominion Archives. Selkirk Papers, LXIV, 17119.
* Dominion Archives, M. 155, p. 193.

PIONEER LEGISLATION 195

1. Letter from James White and Council to Selkirk, June 24>

1815.™

RED RIVER SETTLEMENT,

24 June, 1815.
MY LORD: —

As we are under the necessity of abandoning the settlement,
our duty calls upon us to state to your Lordship the reasons
that impel us to such a distressing resolution. As the Deposi-
sitions, Journals and Letters will point out our past sufferings,
it will only be necessary for us to acquaint you with the present
measures, that the N". W. Company and their accomplices are
still pursuing for our destruction and also with the prospects
held out should we remain.

In the first place the ~N. W. Co. are keeping at their Fort
some of the late settlers and servants of Red River Settlement,
who have been our declared enemies, and also about forty
Halfbreeds who have already pillaged your property, burnt
almost all the houses in the settlement, and who are daily con-
tinuing such lawless conduct and threatening to involve us in
farther misfortunes unless we quietly leave the River. From
what has taken place, we firmly believe that the Halfbreeds
who are without a doubt spurred on by the 5ST. W. Co., will
stick at nothing to exterminate the settlement.

In the second place should we remain and should the Half-
breeds persevere in doing us all the mischief they can, we must
prepare ourselves with everything necessary for a siege. Pro-
visions to support us, and men to assist us would then be re-
quired till the reinforcements arrive. Without fish we must
starve, and it would be easy enough for the enemy to prevent
us from getting any. Any assistance we may expect from our
servants cannot be relied upon, as several yesterday threatened
to desert us unless we gave them a boat to go to Jack River.

In the third place, no reinforcement would be allowed to
pass up Red River.

In the fourth place, from the connection of the Halfbreeds
with the Indians, there is no saying but they might persuade
them to become our enemies also ; and should any of the Half-
breeds be killed by us we are convinced that none of us would
ever leave Red River.

1 Dominion Archives. Selkirk Papers, LXXVII, 20190.
28159— 13^

196 CANADIAN ARCHIVES

In the fifth place, the crop would be destroyed, and suppos-
ing that the emigrants who are expected this Autumn' should
be allowed to come up, how are they to be fed ?

In the sixth place, the Halfbreeds might find means to set
fire to the houses at night and then our lives and property
would be entirely at their mercy.

In the seventh place, there is a better prospect of re-estab-
lishing the Colony and of supporting the settlers by retiring
for a little, before hostilities are carried too far against such a
set of people. They will then have time to think of their
cruelty towards us and may perhaps be brought round to
become our friends.

In whatever light your Lordship may view our proceedings,
we have acted for the best as far as our judgment directed us.

We have the honour to be, Your Lordship's most
Obt. and most dutiful Servts.,

JAMES WHITE. PETER FIDLER.

ARCH'D McDoxALD, JAS. SUTHERLAND.

2. Articles of Agreement "between Chief Factor James Suther-
land and Surgeon James White, and the Halfbteeds,
June 25, 1815.(l) •

1. All settlers to retire immediately from this river and
no appearance of a colony to remain.

2. Peace and quietness to subsist between all parties,
traders, Indians and freemen in future throughout these two
rivers, and on no account any person to be molested in his law-
ful pursuits.

3. The Honourable Hudson's Bay Company will, as cus-
tomary, enter this river with, if they think proper, three to
four of the former trading boats, and from four to five men
per boat as usual.

4. Whatever former disturbance has taken place between
both parties, that is to say, the Honorable Hudson's Bay Com-
pany and the Halfbreeds of the Indian Territory, to be totally
forgotten, and not to be recalled by either party.

5. Every person retiring peaceably from the river imme-
diately shall not be molested in their passage out.

1 Dominion Archives, Extracts from Peter Fidler's Journal, M. 778 D,
and Miles Macdonell's Statement. M. 778 F.

PIONEER LEGISLATION" 197

6. ~No people passing the summer for the Honorable
Hudson's Bay Company, shall remain in the buildings of
the colony, but shall retire to some other spot where they will
establish for the purpose of trade.
Chiefs of the Halfbreeds.

f CUTHBEET GEANT,
J BOSTONNAIS PANGMAN,
I WM. SHAW,

L BOXHOMME MONTOUE.

and
For Hudson's Bay Company.

(JAMES SUTHEELAND, Chief Factor.
(JAMES WHITE, Surgeon.

3. Extract of letter from Robert Semple to Selkirk, Sept. 11,

181S&

" What was the result of all these mighty words ? Why, he
(Capt. McDonell) gave himself tamely up to these very men
for whom he had expressed such infinite contempt under the
poor pretence of satiating the malice of his enemies and saving
the remnant of the colony. Being so well aware as he was of
the temper and total want of principle of the Canadians he
surely could not be so blind as not to perceive that his
surrender must seal the destruction of the Settlement. Who
was to succeed him? Mr. White? He knew, as I shall pre-
sently state his total incapacity for such a charge 'and yet with
this knowledge he gives himself up and recommends his infant
and distressed colony to the generosity and tender mercy of a
set of miscreants who came with the express purpose of dis-
troying it and who he v/as aware would hesitate at no crime
either of baseness or atrocity to accomplish their object. I
really cannot stop to listen to fine speeches or to read long
letters after such conduct. With regard to Mr. White, I am
afraid the evidence of his unfitness for command is still more
decisive than 'that against Capt'n McDonell. The latter may
be a matter of opinion but the former may be summed up in
a single word. Mr. White has proved himself a slave to liquor.
Mr. Fidler has seen him in a state of intoxication for days
together and Captn. McDonell has exacted from him a solemn
oath and the signature of a contract to abstain from a vice so
degrading to a young man.

1 Dominion Archives. Selkirk Papers, LXX, 18563.

198 CANADIAN" ARCHIVES

(d) COLIN ROBERTSON.

1. Letter from Robert Semple to Colin Robertson, Sept. 5,

1815.™

YORK FACTORY, 5th Sept., 1815.
COLIN ROBERTSON, Esqre.

SIR, — I have to thank you on the part of the Earl of Sel-
kirk for the readiness with which you undertook, at the request
of Mr. Thomas, the management of affairs at Red River and
I trust that you already see in the partial re-establishment of
the Colony there the good effects of your exertions.

It would, I am convinced, be gratifying to his Lordship
•fhat you should act as Chief of the settlement until his pleasure
be known respecting the steps proper to be taken in the present
state of affairs. Should you be willing to undertake this office
I have directed Mr. Alex'r Macdonell to consider himself as
second to you and consequently to pay every attention to your
instructions.

Having so recently landed in this country I cannot pretend
to enter into the detail of steps proper, for you to pursue at this
important crisis. I trust everything for the present to your
prudence, your knowledge of the country and your influence
over that portion of its inhabitants from which the Colony has
most to dread. A due mixture of conciliating measures and
of firmness will I conceive be requisite both towards the settlers
when fears arise or extravagant demands are made and towards
those lawless men who may be instigated to disturb their repose.

Your experience and good sense alone can dictate to you
what is besit to be done amid the variety of circumstances which
Triav occur.

Mr. Peter Fidler in the service of the H. B. Co.rhas under-
taken to conduct the settlers towards the Red River. His long
experience in the surveying department peculiarly qualified
him for the task and after their arrival must materially con-
tribute towards their comfort and even their subsistance. Be-
sides his other qualifications he brings with him a great degree
of zeal and goodwill towards the Colony which will effectually
ensure the utmost exertion of his abilities in its behalf.

I shall probably be occupied during the winter in visiting
the Posts along the Saskatchewan as far as Edmonton House.

1 Dominion Archives. Selkirk Papers, V, 1652.

PIONEER LEGISLATION 199

In the month of April I hope to have the pleasure of seeing
von at Red River, meantime,

I am,

Sir,
Yours etc.,

ROBERT SEMPLE.

j£. Extract of letter from Selkirk to Colin Robertson, March

30, 1816.w

MONTREAL, 30th March, 1816.
DEAR SIR:

I received here on the 10th, your very agreeable letters of
5th and 17-th October with the accompanying documents. I
had previously heard by way of London of your having set out
from Jack River to conduct the settlers back to Red River,
and my warmest acknowledgements are due for the readiness
with which you undertook the important and arduous charge
as well as for the zeal and ability which you have ©hewn in
the conduct of the business after your arrival. I flatter myself
that your progress through' the season will prove equally
successful and that I shall find the Settlement in a very differ-
ent state from that in which I believed it to be, when I dis-
patched my letters of December 15th. I shall lose no time in
coming to your support, and I trust that I shall come so ac-
companied that all farther attempts to disturb the peace of the
Settlement will be soon ,at -an end. As my arrangements how-
ever, do not admit of my travelling with the utmost possible
expedition, I mean on the first opening of the navigation to
dispatch 3 or 4 light ~N\ canoes, full manned to reinforce you as
early as possible. Capt. Macdonell will go up with this brigade.
I do not mean him to take the command at the Settlement, but
he will act as your second till my arrival and assist in any
undertaking which the general good may require. The official
character which he still holds by his Commission from the
Company may be of great consequence, in giving authority to
steps which cannot legally be taken bv an individual not so
authorized. As it is of primary importance that the leaders
of the atrocious proceedings of last summer should not be
allowed to escape I have to entreat your most particular atten-
tion to secure the persons of D. Cameron and Alex'r Mac-
dominion Archives. Selkirk Papers, VI, 1894.

200 CANADIAN AECHIVES

Donell in the first place and next to them of Seraphim Lamar,.
Cuthbert Grant and Wm. Shaw, and also of Bostnois (if he
still continues hostile) together with any other whom you know
to have taken a leading and very active part.

These persons I wish to have kept in safe custody, till Mr.
Semple's arrival and my own. If Mr. Semple or any of the
Company's Chief Officers (who are on his Council) are at hand,
it would be well to procure warrants from them for the appre-
hension of these men. However that is not indispensably
necessary, as even a private individual having certain know-
ledge of the commission of a felony is lawfully entitled to
arrest the felons, and to detain them till they can be brought
before a magistrate for examination. Though I have no doubt
that the Governor and other officers appointed by the Hudson's
Bay Company are the only magistrates who are lawfully
authorized to act in the H. B. Territories, yet as doubts have
been brought forward, I think it may be of use to furnish you
with warrants, the authority of which cannot be denied by
them who deny the authority of H. B. officers, and which will
serve as a justification to you in any event, even if the question
of jurisdiction were decided differently from what we expect.

There can be no doubt that the !N". W. Co., must be com-
pelled to quit all their intrusive possessions upon my lands and
particularly the Post at the Forks ; but as it will no doubt be
necessary to use force for this purpose, I am anxious that this
should be done in a regular manner under a legal warrant from
the Governor, so that there may be no ground for charging us
with acts of illegal violence similar to the conduct/of the N.
W. Co. For the reasons which I stated in my letter of March
last year to Capt. McDonell I am also desirous you should
abstain from any unnecessary interference with the freedom
of trade, and I would regret if the provisions of the "N. W. Co.r
were stopped in coming out of the River provided they pass
through the country in a peaceable manner without committing
trespasses on my lands.

I have no doubt of your attention being excited to make the
most ample preparations for next crop, so that not only the
present settlers, but also large reinforcements may find
sufficient support. I am anxious that the -land in cultivation
should for the present be concentrated in the vicinity of the
principal settlement, and that the settlers should not be scattered
at a distance along the River as they were last year. To en-
courage them to remain together I would wish a compact

PIONEER LEGISLATION 201

village to be laid out in building lots of about half an acre, to
each of which I would annex a lot of 8 or 10 acres of land as
near as possible to the village. These small allotments I mean
to give as a gratuitous allowance, over and above the regular
farm lots, but under the condition that every settler who
receives one will build and reside in the village, till he has
brought the whole of the extra allotment into complete cultiva-
iton. The people will thus be kept together for the first 2 or
3 years which will not only tend to their actual safety, but will
give them a feeling of security of great importance in tran-
quillizing their minds.

3. Letter from Robert Semple to Colin Robertson, April 12,

1816.(1)

FORT DOUGLAS, 12 April, 1816.
COLIN ROBERTSON, Esqr.,

SIR : — I heard with pleasure of yr. having taken possession
of the Fort occupied by the N". W. Co., at 'the Forks of Red
River. It was a measure on wh. I was fully determined and
wh. was not only justified but imperiously demanded by the
conduct and avowed hostilities of our implacable opponents.

With regard to intercepting the despatches of the N". W.
Co., it was a step arising out of the former and wh. has happily
furnished its own justification to the fullest extent. A more
complete disclosure of plans of desperate villainy has never yet
met my eye and I can only regret that such schemes of pillage,
burning and murder should have been planned and be so nearly
on the point of execution by men belonging to the same country
as ourselves.

I am, Sir,

Yours sincerely,

(Signed) ROBERT SEMPLE.

(e) ROBERT SEMPLE.

1. Appointment of Thomas Thomas as Councillor of Assini-
loia, Aug. SO, 1815.(l\

YORK FACTORY, 30th August, 1815.
THOMAS THOMAS, Esqr.,

SIR: — Agreeably to instructions received from the Hon'ble
Board of Directors of the Hudson's Bay Company, I beg to in-

1 See Laut, The Conque&t of the Great Northwest, II, 199.
1 Dominion Archives. Selkirk Papers, LXX, 18550.

202 CANADIAN ARCHIVES

form you that you are hereby appointed a member of my
Council and a Councillor of the Ossiniboia District.

I am Sir,

Yours very sincerely,

EOBT. SEMPLE.

2. Letter from Robert Semple to Peter F idler, Sept. 5, 1815.(l)

YORK FACTORY, 5th Sept., 1815.
Mr. PETER EIDLER,

SIR: — The situation of the Colonists 'here for Red River
requiring the exertions of a man of abilities and experience
and it being proper that they should be conveyed inland without
delay, I commit to you the superintendance of this important
object and have directed Mr. Alexr. Macdonell to be guided by
your opinion on all occasions where your local knowledge may
be supposed to entitle you to speak decidedly. In your pro-
gress inland you will be guided by the intelligence which may
be received as to the state of affairs at Red River and will
either continue to carry the Colonists up in a body or distribute
them for the winter at the different stations where provisions
may be most readily procured. The zeal and readiness with
which you have entered into my views on this subject con-
vinces me that nothing will be wanting on your part to con-
tribute towards the re-establishment of this important colony,
in the secure and flourishing condition of which you will I
trust hereafter see the best "and most gratifying reward to your
own mind. For the present you will consider Mr. Colin
Robertson as Eirst and Mr. Alexr. Macdonell as Second in
command at the Red River until the Earl of Selkirk's pleasure
be further known.

I hope to see you there in the Spring and shall then com-
municate whatever instructions the state of circumstances may
appear to me to require.

I am,
Sir,

Yours sincerely,

ROBERT SEMPLE.

1 Dominion Archives. Selkirk Papers, V, 1656.

PIONEER LEGISLATION 203

. Letter from Robert Semple to Duncan Cameron, March 31,

FORT DOUGLAS, 31 March, 1816.
SIR:—

I regret that an indisposition subsequent to my arrival
iiere has prevented my addressing you till now. I think it my
duty to tell you as soon as possible the charges alleged against
you and wh. I assure you will demand yr. most serious con-
sideration.

1st. You are accused of seducing His Majesty's subjects
settled on Red River and the servants of the Earl of Selkirk
to desert and defraud their masters and one to whom the
former were largely indebted.

2nd. Of collecting, harbouring and encouraging Half-
breeds and vagabonds with the avowed purpose of destroying
-an Infant British Colony.

3rd. Through the means of these men thus collected, of
firing upon, wounding and causing the death of His Majesty's
subjects defending their property in their own houses.

4th. Through the means of these men headed by yr. clerks
or the clerks of the 1ST. W. Co., such as Cuthbert Grant, Charles
Hesse, Bostonais Pangman, William Shaw and others of burn-
ing a fort, a mill, sundry houses, carts, ploughs and instru-
ments of agriculture belonging to the said infant colony.

5th. Of wantonly destroying English cattle brought here
at an immense expense and of carrying off horses, dogs, and
other property to a large amount.

The horses were collected in your own fort and distributed
by yourself and your partner Mr. A. McDonnell, to those men
who had most distinguished themselves in the above act of
robbery and mischief.

6th. Of encouraging Indian tribes to make war upon
British subjects attempting to colonize, representing to them
according to their ideas that cattlemen would spoil their lands
and make them miserable, and expressing your hope they
would never allow it.

7th. Without unnecessarily multiplying charges it appears
now by your own letters that you were making every preparation
to renew the same atrocities this year, if possible on a more
extensive scale, collecting the Halfbreeds from points still more
distant than before and endeavouring to influence both their

VSee Laut The Conquest of the Great Northwest, pp. 200-1.

204 CANADIAN ARCHIVES

rage and avarice by every means in yr. power. You even
breathe the pious wish that the Pilleurs may be excited against
us here saying " they may make a very good booty if they only
go cunningly to work."

Such are the principal charges you will be called upon to
answer. It would be easy but at present unnecessary to swell
the catalogue with minor but serious accusations and however
much a long residence here may induce you to consider them
of small importance, depend upon it they will be viewed in a
very different light by a British jury and a British public.

The whole mass of intercepted papers now in my hands
appears to disclose such wicked principles and transactions that
I think it my duty to forward them to be laid before His
Majesty's ministers by the director of the Honourable the H.
B. Co. I am preparing a letter to the agents and proprietors of
the N". W. Co., advising them of this my resolution and the
motives wh. have determined me to it, a copy of wh. shall
be handed to you meantime.

I remain, Sir,

EGBERT SEMPLE.
D. Cameron, Esqr.

(/) ALEXANDER MACDONEL'L.

1. Suggestions regarding Judicial arrangements, June, 1S1S.(1)

Till the establishment of a legal Judicature, it is desirable
to fall upon some regular plan for deciding differences between
the Settlers by Arbitration. Whenever the parties can be in-
duced to agree upon one or two of their neighbours to judge
between them that will be the best and simplest way. But
when the parties are unreasonable and intractable, it may have
a good effect to call them before something like a regular Court.
Certain fixed days may be appointed upon which four or five
of the principal persons belonging to the Settlement should
meet in the manner of Justices of Peace, notice being given
that all who have any business to settle are to come before
them at the appointed day. Previously to the day of meeting
a number of the ordinary unconcerned settlers should be sum-
moned to assist in the manner of Jurymen, and for each case
that is to be determined a Jury should be selected and sworn to
decide the case fairly and impartially between the parties.

1 Dominion Archives. Selkirk Papers, XIX, 6290-3.

PIONEEB LEGISLATION 205

This method would have the advantage of taking away any
pretext for a discontented individual to accuse his superiors of
partiality or favouritism, or to say that his case had
not been fairly judged. With a view to this important
object, it would be desirable, that the same method should be
applied as far as possible to the decision of any questions which
may arise between particular settlers and the persons in charge
of the settlement. This might be dangerous in some cases,
where the other settlers might consider the decision as forming
a precedent for their own case. But it is to be hoped that by
prudent management such questions may be in a great measure
avoided; or at least prevented from going so far as to require
a formal decision.

The gentlemen, who form the Court or Bench ought to
preside and conduct the trial in each case, taking care that the
Witnesses on both sides are properly examined, and that each
party has a fair opportunity of saying what he has to say. But
after the parties and witnesses have been heard, it should then
be left to the Jury to decide.

It would be inconvenient to make the Jury so numerous as
in England and in fact seven or five men are quite as likely
to decide properly as twelve; but care must be taken to avoid
every suspicion of partiality in the selection of the Jury. There
is a method used in some particular cases in England, which
is excellent in this view. A number of names taken promiscu-
ously are written on tickets and put into a ballot box, out of
which are drawn a certain number, double or treble the number
that are to remain on the Jury. A list being made of the names
that are drawn out, each party has a right to strike out those
against whom they consider as most likely to be partial against
the two partys, alternately striking off one name after another
till the number is reduced to the proper quota.

Such a tribunal as this, having no legal authority to en-
force its decisions, it may be advisable, before entering into the
trial of each particular case to make both parties publicly give
a solemn promise to abide by the decision. If any individual
should either break this promise or obstinately refuse to give
it, there is a punishment, which may be held over him, as to
the legality of which no doubt can be entertained, viz : that he
should be sent to Coventry. When this is effectually done it is
no slight punishment even in a civilized country but in a
situation like yours it would be doubly severe. The individual
who refuses to submit to the judgement of his neighbours

206 CANADIAN ARCHIVES

has no right to expect that his neighbours should assist and
protect him ; they have a right to say that he must defend
himself by his own efforts; that he is fair game to any-
one black or white, who is not afraid to make a prey of him
and that if his property be stolen or even his life endangered,
it is no concern of theirs to repel or to punish the aggression.
This principle ought to be applied with moderation so as not
to drive a man to despair, or tempt him to throw himself into
the ranks of the enemy's but without carrying matters to the
last extremity, a refractory individual may be made to feel
that he gains nothing by setting himself against the united
opinion of all his neighbours.

In order, however, that you may carry* the opinion of the
settlers in general along with you and that any resistance to
the decisions of the proposed tribunal may meet with marked
and general disapprobation, it is necessary not only, to be very
careful as to the mode of conducting business before them, but
also to explain beforehand to the settlers at large the plan and
purpose of the Institution, so that they may be fully satisfied
of the general benefit which is to arise from it, and even of the
necessity of such Institution for the protection of their lives
and property.

2. Appointment of Alexander McDonell as Agent in Assini-
boia, Feb. 2J+, 1820.(l)

PAU, 24th Feby, 1820.
DEAR SIR, —

Understanding that arrangements have been made by Mr.
Colvile in my name for your returning to Red River, to take
charge of my affairs, as proposed in your letter of November
8th, [I] hereby appoint you as my agent to take charge of all
affairs that concern me in Ossiniboia, authorizing you as my
lawful Attorney, to settle accounts that are open and to recover
debts due to me and to grant discharges to those who pay which
I shall hold valid. I also authorize you to contract for the dis-
posal of lands at Red River to actual settlers to an extent not
exceeding five hundred acres to any one family, except in
the cases particularly specified in certain Instructions which

1 Dominion Archives. Selkirk Papers, XX, 6743.

PIONEER LEGISLATION 20T

will be handed or transmitted to you by Mr. Colvile. Bargains
for a larger extent may be made conditionally subject to my
approbation when the particular circumstances of the case-
shall be made known to me.

I am,

Dear Sir,

Yours etc.,

SELKIRK.

Mr. Alex. MacDonell,
late

Kennlock,

Lochy.

S. Memorandum of guidance as Agent for Selkirk's Executors,

Hitherto the only rule upon this head seems to Supplying

i i i i *T i> -i • i i the people

have been the ability 01 supplying goods to the -ex- with goods
tent of the demand without reference to the con- ou credit-
duct of the applicants, their means of paying the
debt, or their industry and attention to their farms.
— This wasteful and absurd system must entirely
cease; and in future the general rule must be the
means of the party to pay the amount, from, the
state of his account, labour that he may have per-
formed, or produce of grain etc., delivered into
store. —

There of course must be exceptions to this rule
in the case of persons who may have entered into
contracts to perform certain services to whom credit
may be given to the amount of the money coming to
them — if they can be trusted to perform the ser-
vices stipulated. —

Also in case of industrious families who may be
in distress from failure of crops, but the amount of
credit must be moderate. And also in the case of
persons in distress even from their own misconduct ;
but in this case the sur>r>lv should be limited to
absolute necessaries only and their general habits of
industry and prospect of amendment, should be taken

1 Dominion Archives. Selkirk Papers, Vol. XXI, XXII, pp. 7153, seq.

208 CANADIAN ARCHIVES

into consideration. For it is universally true that
when people find they are fed and clothed whether
they are industrious or not, they will not work at
all, or only as much as to save appearances. It is
expected that Mr. McDonell will not through any
hope or desire of popularity among any or all
classes of settlers deviate from this most essential
rule, — a steady and impartial conduct in this re-
spect can alone secure the well doing of the people
themselves, and if it is not most strictly attended to
the executors will be unable to send out any goods
or give any credit upon the Company's Stores.
Price of A fair and reasonable calculation must be made

'ds' of the cost of the transport from York Factory. Mr.
Pritchard will. assist in this. The mode of doing it
is to take the cost of a boat for the trip to York
Factory in wages, provisions and tear and wear.
Divide this among the number of pieces which the
boat carries. Each article must be reduced into a
piece and weight of 100 Ibs. or p. measurement as
the case may be and the boats cargo supposed to be
assorted partly heavy, partly measurement goods.
It will thus be easy to ascertain the cost p. piece
and after adding what may be moderate and reason-
able for the risk of damage according to the article,
the sum per pound or p. yard etc., may be correctly
ascertained and thus a regular tariff or table made
out of the cost of carriage. A certain addition of
perhaps five per cent on the general invoice value
of the article should be made to cover the expense
and waste which must attend the retailing the goods
at the shop. These being added to the prices of
York Factory of the invoices of the year ought to
constitute the selling price of the shop at Red River.
When no credit is given or only to a reason-
able amount and to industrious and trustworthv
people, the price ought to be the same to all; this
will put an end to all jealousies and distinctions
among the different classes of settlers. In doing
this however, the price, given for labour or articles
supplied to the store, ought to be in proportion and
though there may at first be some difficulty and per-
haps a little loss in bringing down the nominal

PIONEER LEGISLATION 209

prices to the standard, it will soon be accomplished
by steadiness and perseverance. • This object ought
to be kept in view though it cannot be attained at
once. One benefit from this will be discourag-
ing or putting an end to* all desire among the free-
men & Canadians for an intercourse with Canada
which is most desirable to put a total stop to.

This must on no pretence whatever be continued
after the first of June., 1821 and if entered to credit Gentlemen
of any one Mr. McDonell will be held responsible of » in goods
by the Executors for the amount.

When bills are required on Montreal a charge Bills to peo-
of 10 p. cent must be made to the party requiring S^n^/ma™
the bill to cover the expense of commission and be due.
charge by the agents at Montreal. Thus if £100
Stg; is due to any person and he required
payment in a bill on Montreal he must discharge or
give a receipt for the amount upon receiving a bill
an Maitland, Garden and Auldjo for £90 Stg.
and so in proportion on any other sum. In the
case when payment is required by a bill upon London
it is to be drawn on the following form and at six
months after sight, —

BED EIVER of 182. .

£....

Six months after sight pay to the order of

the sum

of pounds etc., being

(balance or on account of balance as the

case may be) due to him from the Red River Settle-
ment.

Signed A. McD.
To
Andrew Col vile,

Ex'r of Thos., Earl of Selkirk,
Leadenhall St.,

London.

This year and in future until arrangements can Made of sup«
be made for private individuals to open stores for plying goods
goods as in other Colonies, the goods will be shipped
by the Executors and consigned to Mr. McDonell and
invoiced at the 75 per cent advance to cover the ex-
pense of packages freight insurance and other
28159—14

210 CANADIAN ARCHIVES

charges to York Factory, but it is hoped that in-
viduals will soon undertake this business on their
own account. Under the new arrangements made
for carrying on the trade of the Hudson Bay Com-
pany, it will not be convenient to get supplies of
goods from their stores as has been the <?ase for some
years past ; but for this present year if there are any
articles at York Factory which are required for the
settlement which have been sent out with that view,
arrangements may be made with Govr. William-
son to take them on account of the settlement,
before he makes up the inventories for the new
arrangement of the trade. Mr. McDonell will
therefore make out his indent with reference to this
plan on as moderate a scale as possible considering
at the same time, what supply of goods may be at
the settlement or expected to be brought by indi-
viduals on their own account, and indenting for the
supply of those people only who have a right to
expect the executors to see to this. The executors
do not wish to carry on a trade of supplying the;,
freemen or others, they may apply to the Coy's
stores for their goods ;and the executors are
anxious to get as soon as possible out of the system
of Mr. McDonell supplying the people generally
with provisions an dgoods, which is extremely
troublesome and expensive, as it seems to be the
general impression that it is not necessary to pay
their debts of L'd Selkirk or at least not until it
may be perfectly convenient to themselves. But
there must be an end of this. —

Price of When there is occasion to employ people to go

trip rtx> York to York Factory or for any other object a reason-
Factory. .._ able rate of wages must be fixed, so -as not to be
- extravagant, at the same time to afford an encourage-
ment to the people to work. By reducing the price
of goods to the freemen you may probably hire
them on reasonable terms for the boat service; and
if you find a difficulty in getting people to go to
York for the settlers this year you must call upon
those who are in debt and if they refuse to go, you
must not allow anv more credit, when they want
goods they must bring money or money's worth

PIONEEK LEGISLATION

before they are supplied. This will soon bring
things to a proper state.

Besides the book containing the personal accounts Accounts,
and those with the H. B. Co., a statement must
be made out 1st, of the amount of salaries
and wages of the Establishment. 2nd, of the
articles consumed on the establishment, both pro-
visions and country articles as well as European
goods. 3rd, of goods traded for provisions and other
articles and 4th, the disposal of these provisions,
etc. In the accounts sent home of Mr. Logan's
transactions it does not appear in what manner the
enormous amount of goods have been expended;
and in the account of the provisions post at Pem-
bina after allowing a high price on the provisions

sent to the forks, there appears a loss of £

without charging the wages of the men employed.
Now it is notorious that at the price put
on the provisions, the wages an dgoods ought
both to be covered at least, and the only conclusion
to be drawn uixbr these circumstances is that the
goods have been fraudulently appropriated or in
plain terms, stolen. Mr. McDonell is desired to
enquire minutely into this and to inform Mr.
Logan that the amount is charged to his account
until he shall explain the business in a satisfactory
manner. He is also charged with the amount so
very improperly advanced on credit to Mr. Nolin
until he shall shew his authority for giving credit to
Nolin to such an amount. Mr. Markham was in
charge at Pembina but it was Mr. Logan's duty to see
that he applied the goods properly, and both Mr.
Markham and Mr. Logan must be held responsible.

There will be 250 or 260 persons of all ages of Sw'ssset
whom 60 will be under 10 years of age or there- tiers,
abouts, and their baggage will be 200 or 250 pieces.
It is exceedingly desirable their baggage should be
brought up with them, indeed promises have been
made to them that this will be done, and if these
promises are not kept the whole plan will fail. A
considerable number of lots ought to be surveyed
readv for them, containing at least 10 acres of wood
in each. A good situation should be fixed upon a

28159—

212

ARCHIVES

Cattle from
the States.

Merino
Sheep.

few miles up the south branch of the river and they
may be allowed to cast lots and take their choice of
the situations. The intervals will be filled up by
their connections who will follow, and. if the people
wish it themselves separate villages may be marked
out by the people from different cantons in Switzer-
land. A point or bend of the river should be
selected to form a village and be divided into smaller
lots of 20 acres each for the tradesmen and the rest
of the families may be settled north and south from
the bend or point of river. If the people do not
wish to settle on these 20 acre lots at first, the
point must be reserved for the present, as it is the
natural and proper arrangement and when there
are a sufficient number of people collected the
tradesmen will settle on these lots.

After Mr. Laicllaw has selected as many of these
cattle as he thinks necessary to stock the farm of
Hayfield, the remainder may be sold to those who
can pay for them and who are willing to pay the
same price as the cattle have cost including all
expenses. Those that may still remain are to be
divided on credit among the most industrious sett-
lers of ttic different classes who may be considered
to have the ability and means of taking proper care
of them. The German and Swiss will probably
take the best care of them and make the most of
their produce, but a fair division ought to be made
among those likely to pay for them to avoid creat-
ing jealousies. It will probably be found that the
buffalo when tamed are sufficiently good milkers
as well as the best workers, and if so they are the
best stock, being the most hardy and adapted already
to the climate. The cattle divided among the
settlers who have not the means of paying must be
considered on credit at the cost price; or an arrange-
ment made that double the number of full grown
cattle are to be restored at the end of four years.
If it should happen that the whole number can not
be properly disposed of in some of these ways, then
Mr. Laidlaw must take the remainder to his farm
and manage them in the most profitable manner.

Fifteen ewes and 5 rams of Merinos producing
the finest wool will be sent by the ships. They

PIONEER LEGISLATION 213

have been imported from Saxony at some trouble
and considerable expense, and it is expected that
Mr. Laidlaw will take due care of them. When the
intercourse from the Mississippi is safe and when
the sheeJ3 can be procured at a price not exceeding
40/ each delivered at the settlement, one or two
hundred ewes may be procured. It does not signify
what breed they are. If they get the pure Merino
rams and if. all the ram lambs are cut of the cross
breed for four or five generations, the wool will
become as fine as the original Merinos. The dry
soil and dry climate of Red River is admirably
adapted to produce fine wool ; butx as winter pro-
vender must be provided of hay or corn, and con-
siderable attention will be required to protect them
from wolves and Indian dogs, it is only a large
flock that will pay; but it is an object well worth
Mr. Laidlaw's attention and it is expected that he
will take great care to preserve a pure of the
Merino. Long, low, covered sheds kept clean and
dry will be' found best for winter and the easiest
protection against dogs at night. In Saxony where
great pains is taken for the sake of the wool they
always house their sheep in wet weather.

It is to be feared these animals will do much Gr-asshop-
mischief this' next summer, but it is to be hoped p<
that wherever they were known to have deposited
their eggs that no cultivation has been attempted.
In this way many of the grubs will die and if the
land is ploughed once or twice it will be in fine
order for the next crop. When these animals
appear from the plains, notice should be taken
where they deposit their eggs that no cultivation
may be attempted there the next season, and persons
should be sent to different places to discover where
the grasshoppers have not appeared or deposited
eggs ; and men and horses ought to be sent there in
the autumn to plough as much as possible in pre-
paration for the following summer, at all events
even in the spring fresh ground may be ploughed
for potatoes, and if ploughed deep and the
turf is well turned in, even wheat and barley may
be grown enough to preserve a succession of fresh
seed. It appears that Indian corn and the most

214: CANADIAN ARCHIVES

forward crops escape best and it is probable that
winter sown wheat will do still better^ Wheat is a
hardy plant and though the frost may be very
severe if a fall of snow happens before a thaw comes
it is found not to be injured; there can therefore be
little doubt of its answering at Eed Kiver. The
wheat ought to be sown by the first of September
at the latest so as to be pretty strong in the plant
before the severe frost occurs, perhaps it will require
to be sown earlier, and the more rough or cloddy
the ground is left after being harrowed the better,
provided there is enough of small mould for the
seed to vegetate, — a trial should be made in several
ways and the most successful followed in future.
Some may be ploughed in and left unharrowed
which plan answers well in this country in land
which is apt to spew out the wheat in frosts.
American If the Americans come to Pembina and claim

it as within their lines before the Commissioners get
so far, the best plan of conduct will be to sayHhat
the fact cannot be admitted until settled by the
'Commissioners, but that if they consider the situa-
tion of the buildings at Pembina a desirable one
you will make no objections to their occupying them
on their engaging to retire and restore them if found
to be not within the American lines, — and on their
engaging to pay, dollars for the buildings

and dollars for the land which they may

require or chiise to occupy as the property of the
American government in the event of the situation
fixed upon being within the American lines. This
latter arrangement ought to be attempted whether
they select Pembina or any other for their Fort. —
The amount of price does not signify, the object
'being to obtain a distinct recognition of the right of
of property — but something like a value ought to
be asked, say, half or three quarter dollar per acre,
and a reasonable price for the buildings though you
you need not stand out for a price. The whole
should be done by letters and the expressions
well considered before you send them. Capt.
Matthey will assist in this, being more used to
official correspondence, but the letters ought to be

PIONEER LEGISLATION 215

signed by Mr. McDonell as the authorized agent of
the Executors of L. S. or a formal authority
may be given to Capt. Matthey, to make the arrange-
ment with the American officer if this mode is more
agreeable to Capt. Matthey.

Mr. Cuddie seems to have little prospect of Mr. Cuddle,
making much by his practice, and in the meantime
if he remains at Red River he is to be considered
as entitled to live at the Fort, at the expense of the
establishment. The executors cannot allow any
more salary but the greater appearance of a rapid Rents and
increase of .numbers at the settlement may tempt fand?. °
him to remain some time longer.

With all deference to Mr. Gales' experience and
judgement the executors for the present, at least,
wish the terms of 9/ p. acre with the discount for
prompt payment when purchased and the number
of bushels of wheat for rent as mentioned in the
paper given to Mr. McDonell to be adhered to. To
those who rent lands if from grasshoppers or
other circumstances they do not get on with their
cultivation at first, they may have two years without
rent, and then the third year pay ten bushels — the
fourth year twenty and so on until they come to fifty
bushels for the 100 acres — and as an encourage-
ment to the Swiss people who may be alarmed at
the grasshoppers and the difficulties of first settling,
this indulgence may be given them at once. These
rates to be considered the fixed price and at these
prices the parties to have their choice of a number
of lots; but none to be sold for less. The interven-
ing lots to remain unoccupied and when the neigh-
bouring families begin to thrive these rejected lots
Tvill become of more value than the others.

The above prices for lots not exceeding 500
acres1 but to those who. take larger lots and engage
and have the means of bringing in a certain number Surveying,
of families, the price will be made considerably
lower.

In laying out the lots a base line ought to be
taken and marked out parallel to the general course
of the river without reference to the bends or points
— and the boundarv lines between the lots must be

216 CANADIAN ARCHIVES

Surveying. drawn at right angles to this base line, to the river
on one side and to the extent of the Indian grant or
two miles back on the other. In this way some of
the lots will contain a little more than others and
the price will be more or less accordingly, — but all
must have a front of 8 chains on the base line, —
the large points of land included in the bend of the
rivor may be reserved to be divided into small
village lots of 20 acres with a street or road down
the center ; and at convenient distances a reserve of
•J of a mile in front must be left for a free com-
munication with the river from the plains. — These
last reserves will in time become valuable as after
leaving space enough for a road, streets or villages
will be built on them. — As the surveys are made
they must be laid out upon paper on a regular scale
and all numbered on the map and a book kept of the
disposal of the lots with reference to the numbers. —
The six miles radius round the forks ought to be
divided into four parishes or townships, the part on
the north of the Ossiniboine or west branch of the
Red River and to the west of the main river after
the junction will form one parish. The part on
the south of the Ossiniboine and west of the south
branch of the Red River will form another, and
the nart on the east side of the river must be divided
into two portions by nny convenient line running
east from the mouth of the river Seine or any other
convenient and well marked spot, — so as not to
divide any occupied lot or grant of land into two
separate parishes. — Appropriate names (not fanciful
or personal names) ought to be given to those town-
ships and the lots in each, numbered and marked
on the plans from one upwards in each. — In other
places every five miles including both sides of the
river ought to be considered a township, the limits
marked distinctly, and a reserve or roadway left
between each. — One copy of these plans and book
of reference must be kept in a distinct and accurate
manner at the settlement, and a certified and com-
pared copy sent home annually of the progress made
in the surveys, a copy both of the map and book
of reference. The book of reference must contain

PIONEER LEGISLATION 217

the exact quantity of acres in the lot and the nameSurvevin£-
of the person who first occupies it ; and a page being
allowed to each lot. A regular note of the date and
name of the person to whom the transfer is made
may be kept and form a distinct register.

4. Extract of letter from John Pritchard to Andrew Colvile.

Aug. SI, 1821. ^

" You may see the necessity of giving to this colony that
kind of government and consistency as will prevent the recur-
rence of serious alarms, upon such trifling occasions, and which
in our present state may often happen.

A Code of Laws, and a Governor Semple to administer the
same, is the only thing necessary to secure the peace of this
country, and the prosperity of its inhabitants. If you cannot
obtain the sanction of government the Hudson's Bay Company
perhaps would take upon themselves to administer justice in
their own territory."

5. Extract of letter from George Simpson to J. Halkett. June

• 23, 1822.™

" A change in the administration was absolutely and imme-
diately necessary to save the whole fabric from destruction.
Mr. McDonell was zealous and interested, but unfortunately
had neither the capacity nor influence of character required
for such an important charge, and the change will not I believe
either surprise or disappoint him, as he began to 'feel that he
was not adequate to the duties of the situation."

(g) ANDREW BULGER.

1. Terms upon which Andrew Bulger will undertake the charge
of Red River Settlement. Feb. 21, 1822.

I agree to ^Undertake the principal charge of the settle-
ment for the first year for £250. In which case, I shall, of
course, attend to everything connected with the welfare of the
settlement, the militia alone excepted, which shall always be
considered a distinct service to be conducted and paid for in
the way which I have already proposed.

The commission of Major if granted by the H. B.
Company will give me all necessary authority in matters relat-
ing to the militia, but some sort of commission or authority

1 Dominion Archives. Selkirk Papers, XXII-XXIII, 7359.

2 Dominion Archives. Selkirk Papers, XXIV, 7665.

218 CANADIAN ABC HIVES

must be given me to assume the charge of the settlement, and
it shall be clearly understood before I leave England how far
I shall be authorized to incur expense and carry into effect
measures which I may deem essential to the good of the settle-
ment.

A person shall be named by you, or I shall be authorized
to appoint one at Eed Eiver, to do the duty of registrar and
keep the accounts (under my immediate inspection) from the
time of my assuming the charge of the settlement until the
arrival of the person who may be appointed to succeed me in that
charge. When I shall myself enter upon the performance of
those duties, upon the conditions which I have already pro-
posed; and, although I have objected to being bound by any
other terms, yet it never was my intention to withhold, — on
the contrary, I shall always most cheerfully give my assistance
and support to the person at the head of the settlement, not only
in matters relating to the Indians, but in every thing conducive
to the general good.

A. B.

21 February, 1822.

2. Appointment of Andrew Bulger to the charge of Red Elver
Settlement, ly A. Colvile. March 27, 1822.™ \. .

LONDON, 27th March, 1822.
SIR, —

I hereby authorize you to take charge of the Eed Eiver
Settlement and of all the affairs of the estate of the
late Lord Selkirk in Eupert's Land, to claim and tak^, posses-
sion of all papers, books and property of every description
belonging to the said estate or -to the executors and trustees of
the late Earl of Selkirk, also to recover all debts due to the said
estate or to the said executors and trustees by any persons in
Eupert's Land and to give the necessary receipts and discharges
in the said matters.
I am,
Sir,

Your most obedient servant,

A. COLVILE,
Executor and Trustee of Thos.,

Late Earl of Selkirk
Andrew Bulger, Esqr.,
Etc.

(1) Dominion Archives, Bulger Correspondence II., M. 150, p. 58

PIONEER LEGISLATION 219

S. The Commission of Andrew Bulger as Governor,, Locum
Tenens of Ossiniboia. .March 27, 1822.™

To ANDREW BULGER, Esqnire, hereby appointed Governor
Locum Tenens of all and every part of Ossiniboia.

BY Virtue of the Charter to us given by King Charles the
Second by His Letters Patent under the Great Seal of England
bearing date the Second day of May in the 22nd year of His
Reign, WE DO HEREBY APPOINT YOU, Andrew Bulger, Esquire,
Governor Locum Tenens of all and every part of Ossiniboia
being part of our Territory of Rupert's Land, to exercise all
the powers and to perform all the duties which under the said
Charter may be by Law exercised and performed.

AND you are to observe and follow all such orders as from
time to time you shall receive from us The Governor, Deputy
Governor and Committee of the Company of Adventurers of
England Trading into Hudson's Bay or our Successors for the
time being or from Governor for the time being of our North-
ern or of our Southern Factories of Rupert's Land.
•GIVEN under our Common Seal at our House
in London this Twenty seventh day of
March One thousand eight hundred and
twenty:two.

By order of the Governor,
Deputy Governor and Committee.

WM. SMITH, Sec'y.

4. Resolutions passed at a General Court of the Hudson's Bay
Company.. .May 29, 1822.(2}

Resolved, — That there shall be appointed two Governors
and a Council who shall have authority over the whole of the
Company's Territories of Rupert's Land in North America.

Resolved, — That when both the Governors shall be present,
the senior shall preside.

Resolved, — That any one of the Governors together with
any two of the Council shall be competent to form a Council
for the administration of justice and the exercise of the powers
vested in them by the Charter.

Resolved, — That there shall be appointed a Governor of

1 Dominion Archives. Bulger Corr., II, M. 150, p. 76.
1 Dominion Archives. Bulger Corr., M. 152 C.

220 CANADIAN ARCHIVES

Ossiniboia and a Council for the said District, which is co-
extensive with the Territory granted to the late Thomas, Earl
of Selkirk on the 12th day of June 1811, and the said Gover-
nor with any two of his Council shall have the same power
within the said District, but when either of the Governors of
the Company's Territories shall be present he shall preside,
and the power of the Governor of Ossiniboia shall be suspended
when either of the said Governors shall be actually present for
Judicial purposes.

Resolved, — That a Sheriff shall be appointed for the Dis-
trict of Ossiniboia and two Sheriffs for the remainder of the
Company's Territories.

Resolved, — That in case of the death or absence of any
Councillor or Sheriff, the Governors respectively shall appoint
a person or persons to do the duty of the office until the plea-
sure of the Company shall be known.

Resolved, — That William Williams Esquire and George
Simpson, Esquire, be appointed Governors of the Company's
Territories, and that William Williams be the senior.

Resolved, — That the following gentlemen be Councillors
of the Governors of the Company's Territories, viz. : Thomas
Vincent; John. Thomson; John McDonald; James Bird;
James Leith; John Haldane; Colin Robertson; Alex. Stewart;
James Sutherland; John George McTavish; John Clarke;
George Keith; John Dugald Cameron; John Charles; John
Stewart ; Alexander Kennedy ; Edward Smith ; John McLough-
len; John Daves; James Keith; Joseph Beioley; Angus
Bethune; Donald McKenzie; Alexander Christie; John Mc-
Bean.

Resolved, — That Andrew Bulger, Esquire, be appointed
Governor of Ossiniboia.

Resolved, — That the following gentlemen be Councillors
of the Governor of Ossiniboia, viz. :

Thomas Thomas; James Bird; Alexander McDonell;
Frederick Matthey; William Hemmings Cook; John Prit-
chard.

Resolved, — That William Kemp(1) be appointed Sheriff
for the District of Ossiniboia and that John Spencer and
Andrew Stewart be appointed Sheriffs for the rest of the Com-
pany's Territories.

Resolved, — That the Governors in their respective Districts
may enroll and arm such numbers of the Company's servants

1 Dominion Archives. Bulger Corr., II, M. 150, p. 108.

PIONEER LEGISLATION

and other male inhabitants of the ages from 18 to 45 as they
may from time to time deem expedient for the defence and
protection of the Settlements and of the lives and properties
of the inhabitants and that they take the necessary measures
for the proper regulation and discipline of the said force while
embodied.

5. Letter from Lord Bathurst to Joseph Berens. . .May 31,

1822.™

Downing Street, 31st May, 1822.

Sir: — I have to acknowledge the receipt of your letter of
the 29th inst., transmitting a copy of the Resolutions passed
at a General Court of the Hudson's Bay Company, and to
acquaint you that His Majesty does not deem it expedient to
issue an immediate Commission under the Act of the 1st and
2nd Geo. 4th Cap. 66 entitled " An Act for regulating the Fur
Trade and establishing a Criminal and Civil Jurisdiction with-
in certain parts of North America ", and until His Majesty
shall constitute Courts and Justices under the said Act the
Resolutions of the 29th instant appear well calculated to pre-
serve the peace and good government of that part of North
America under the jurisdiction of the Hudson's Bay Com-
pany.

I am, Sir,

Your most obedient servant,

(Signed) BATHURST.
JOSEPH BERENS, Esqr.

A true copy.
(Signed;) WM. SMITH, Secy.

6. Extract of Letter from, A. Colvile to J. Halkett. May 31,

1822.™

" You will have to advise Bulger as to his conduct in regard
to the Jurisdiction. If substantial justice is done and the
punishments moderate the forms will not so much signify.
Everything should be done in open court and juries sworn on
proper occasions but I believe it is not necessary that the jury
should be 12 if so many unexceptionable persons from the thin-
ness of the population cnnnot be brought together.''

1 Dominion Archives. Bulger Corp., II, M. 150, p. 114. Colvile had
already written Bulger that the appointment of magistrates and courts
would take place forthwith. See Bulger Corr., II, M. 150, p. 83.

2 Dominion Archives. Bulger Corr., II, M. 150, p. 125.

222 CANADIAN ARCHIVES

7. Extract of letter from A. Colvile to A. Bulge?. May 81,

1822.™

"You will perceive by the letter from the Coy. that the
Governors and their Councils are to administer justice accord-
ing to the law of England under the provisions of the charter.
There were some difficulties in establishing a practicable form
by Justices etc., under the Act of Parlt. of last session and
Lord Bathurst having given his sanction to the Ordinance
passed by the H. B. Co., there is no doubt of the Governors
being supported in the exercise of the jurisdiction and I trust
no person will presume to cast any doubt upon it. I should
hope you will not have many occasions of acting, but if you
should, the punishments should not be severe. Solitary con-
finement for short periods is perhaps the best and cheapest.

You will of course command the military force of R.
R. as Governor, and you may with the sanction of the Council
call out any number of the population that you may think
necessary."

8. Letter fom J. H. Pelly, Thomas Langley, A. Colvile and N.

Garry to Andrew Bulger. June lf 1822.(2}

T-o

Andrew Bulger, Esqr.,

Gravesend, 1st June 1822.

Sir: — Having understood that His Majesty's Government
did not intend at present to exercise the Power given to them
by the Act of last session of appointing Courts of Record and
Justices of the Peace for Rupert's Land, we have thought it
proper to take the necessary steps to enable the Governors and
their Councils to administer justice under the provisions of
the Charter and accordingly the Governor and Company at
a General Meeting held on the 29th ulto., came to certain Reso-
lutions of which a copy is inclosed ; and as we consider it neces-
sary for the protection of the Red River Settlement and of the
Company's Territories in general as well as for the support of
the civil power in cases of emergency that there should be
some armed force regularly embodied, you will perceive that
provision is made in the Resolutions for that object. We do
not consider that at present it will be necessary to enrol and
arm any body of men except at the Red River Settlement : but
as the power of doing so is given to you it can be exercised

1 Dominion Archives. Bulger Corr., II, M. 150, p. 121.

2 Dominion Archives, Bulger Corr., II, M. 150, p. 130.

PIONEEB LEGISLATION 22$

at any time when circumstances call for it, and when it is
exercised you will appoint proper, trusty persons, as officers
to command the men and report their names to us, that we may
confirm the appointments if we see fit. These Resolutions
have been communicated to His Majesty's Government and you
will perceive by the inclosed copy of a letter from Lord Bath-
urst, dated the 31st May, that the above measures receive the
unqualified approbation and concurrence of Government.

We trust no offences calling for a capital punishment will
be committed, but should any such cases occur it will be better
to transmit the parties with the necessary witnesses for the
defence as well as the prosecution to Upper Canada for trial.
The person to be tried should be required to give in a list in
writing of the witnesses whom he thinks necessary for his
Defence, that there may be no pretence for putting off the
trial, or of complaining of injustice being done to them.

In trying other offences a Jury should be summoned; but
where from the thinness of the population it is not practicable
to get 12 impartial men a smaller number may compose the
Jury, and when their verdict of Guilty is given, moderate and
reasonable punishment should be awarded by the Court com-
posed of the Governor and his Council. Perhaps solitary
imprisonment for short periods will be the most proper and
effectual. In civil or pecuniary disputes, it will be best to
endeavour to induce the parties to settle them by arbitration,
but if this does not succeed, the point should be settled by a
Jury.

You will enroll and arm such number of the inhabitants
at the settlement as you think expedient and appoint officers
to command them under you, reporting their names for our
confirmation, and you will employ some of the Meuron men
in drilling the men, allowing them some reasonable pay, while
so employed • and you will be entitled to draw pay at the rate
of ten shilings per diem for yourself while the Corps may be
drilling and embodied.

We are,

Your affectionate friends,

(Signed) J. H. PELLY, Dep. Govr.

THOMAS LANGLEY.
(Signed) A. COLVILE,
!N". GARRY.

224 CANADIAN ARCHIVES

9. Extract of letter from A. Bulger to A. C civile. July 25,

1822^

" When I made my engagement with you I little thought
I was doing what I would soon have cause to repent of. To
my sorrow I now find that I gave up a comfortable situation,
for a wretched subsistence, a life of slavery and of exposure
to the insults and threats of some of the most worthless of God's
creatures, in one of the most miserable countries on the face
of the earth — for such, at present, is the Bed Eiver. It is not
possible that you could have any idea of the horrible life which
a man to be faithful to Lord Selkirk's interest must lead in
this country. For my own part had I known but the 100th
part of what I am now but too well aware of — no money would
have tempted me to come out.

10. Extract of a letter from A. Bulger. (2)

" And now, ,Sir, there is a subject of such infinite import-
ance involving even the very existence of this colony that I
must beg leave to draw your most serious attention to it. I
allude to the absence of all power, either to correct the evil
which is among ourselves, or to ward off the danger with which
we are menaced from without. By far the greater part of our
population, I am assured, are sunk in vice and depravity, and
daring enough to despise our laws, and openly to defy our
magistrates. The well-disposed part of the community have
seen with sorrow and alarm, the march of wickedness among
them, but could not, without endangering their persons and
property, attempt to arrest its course. Even now, ,no one can
be found to interpose and act as a magistrate, to such a fright-
ful height has the evil grown. In short, it is useless to attempt
to evade the question. Nothing but the presence of a military
force to aid the civil power can prevent the country from
becoming very soon a den of thieves, for no honest man will
remain in it. While such is the internal state of the settle-
ment, it must be a matter of deep concern to you to learn that
it is in danger of being attacked by the Sioux.

1 Dominion Archives. Bulger Corr., II, M. 150, p. 167.

2 Dominion Archives. Bulger Corr,, II, M. 150, p. 195.

PIONEER LEGISLATION 225

11. Extract of letter from J. Halkett to A. Bulger. Aug. 19,

" You will find by the Papers I shall send that a Council
has been appointed for the present to assist you in judicial
matters under the terms of the Charter. When I go to Eng-
land, I shall recommend that Mr. West and Mr. Logan be
joined to it."

12. Extract of letter from A. Bulger to A. Colvile (?'). Sept.

8, 1822.™

" Indeed I tremble for the consequences to Ld. S's Estate
if you do not send out troops to enforce the execution of the
laws. For what can be expected of dishonest paupers, such
as the great majority of the settlers are, when there is no jail,
no magistrate, and no power to restrain their evil propensities.
I am myself quite sick of living among such people."

13. Extract of letter from A. Bulger to the Bishop of Julio-

opolis. Sept. 10, 1822.(3)

" There is one condition annexed to all grants of land in
Ossiniboia which is that the grantee shall settle upon the land
and cultivate a certain portion of it. A large proportion of the
present settlers are to receive their allotments gratis. Many
of the Canadians are bound by their engagements to pay an
annual rent of five bushels of wheat per hundred acres and
this rent can neither be raised nor lowered. Their engage-
ments contained a stipulation that they might at any time pur-
chase their land (that is the 100 acres) by paying 200 dollars.
A new regulation with respect to the price of land has however
been established, the benefit of which may be extended dto them,
ii they should be disposed and have the means to purchase.
The price new fixed is five shillings sterling per acre. The
rent to be paid by all new settlers, including the Swiss, is as
follows :

The 1st and 2nd year, no rent will be demanded.

The 3rd year, the rent will be 10 bushels of wheat per
hundred acres.

1 Dominion Archives. Bulger Corr., II, M. 150, p. 244. -
'Dominion Archives, Bulger Corr., II, M. 150, p. 311.
* Dominion Archives, Bulger Corr., II, M. 150, p. 315.

28159—15

226 CANADIAN ARCHIVES

The 4th year, 15 bushels of wheat per 100 acres.

The 5th year, 20 " «

The 6th year, 20 "

The 7th year, 20 " rt

The 8th year, 20 " "

The 9th year, 20

The 10th year, 20 " "

At the expiration of the 10th year from the first occupation
of the land, the rent will be subject to new Regulation.

When a settler shall have paid for his land and fulfilled
the conditions of settlement, upon which it was granted to him,
he will be at liberty, if not indebted to the Earl of Sel-
kirk Estate, to sell or dispose of his land with its improve-
ments to whom and in what manner he pleases, and I am not
aware of any " droits " to be paid by him upon so disposing of
his own property.

14. Minutes of the Council of Assiniboia. Dec. 4>

Forks of Red River, 4th Dec. 1822.

At a meeting held this day by Captain Bulger and his
appointed Council now resident in the Colony. We are of
opinion that it is necessary that an express should be sent to
London, to inform the Honorable Committee of the Hudson's
Bay Company and the Executors of the late Earl of Selkirk,,
of the circumstances which have of late occurred in the colony
a^d of its present situation. (2)

(Signed.) ANDREW BULGER.

THOMAS THOMAS.

ALEX. MACDONELL,

W. H. COOK.

JOHN PRITCHARD.

1 Dominion Archives. Bulger Corr., II, M. 150, p. 400.

'This refers to the punishment of an Indian for attempted murder
and to the endeavours of the Company's officers to prevent the settlers
from securing animals and supplies from the natives. The situation is
described in part in a letter from Captain Bulger ,dated December 14,
1822. (Bulger Corr. M. 150, II, 423.)— 14th December, 1822. Illness has
prevented my closing my letter until this day, and now all that I am cap-
able of doing is to recommend to you:

1st. To get Courts and Magistrates nominated by the King.

2. To get a company of troops sent out to support the magistrates and
keep the natives in order.

3rd. To circulate money.

4th. To find a market for our surplus grain.

PIONEER LEGISLATION 2*27

15. Deposition of Pierre Perronne before Governor Bulger.

Jan. 27, 182S.1

District of Ossiniboia ]
Rupert's Land. j

Pierre Perronne of Pembina in the District aforesaid per-
sonally appeared before me and being sworn deposes that on or
about the 5th day of November 1821 he, the Deponent/ placed
certain Articles his, the Deponent's, property in the hands of
Xavier Dugal and Alexis Trempe in Pembina aforesaid to be
taken care of and to be returned to the Deponent upon demand
thereof. That he has demanded of the said Xavier Dugal the
restoration of said property, that said Dugal has refused to
restore the same, and that he the Deponent has reason to believe
that a part of said property is now concealed or deposited in
the house of a man name "Paye" in Pembina aforesaid.

PIERRE PERONXE.

Sworn, before me at Pembina
in the District aforesaid
the 2Yth day of January,
1823.

A. BULGER,

Govr. of Ossiniboia.

Witnesses, Wm. Kempt.
Jno. Allez.

16. Warrant issued by Governor Bulger. Jan. 27, 1$£3.(2>
To John Allez, Esquire.

District of Ossiniboia )
Rupert's Land. f

Information upon oath having been this day given to me
by Pierre Perronne of Pembina in the aforesaid District that

5th. And let it be determined whether the Council at York Factory
are justified in preventing: the settlers from buying moose or deer skins
for clothing and provisions.

It these things cannot be done, it is my sincere (it may be my last)
advice to you to spend no more of Lord Selkirk's money upon Red River.
Believe me to be, with great respect, Sir,

Your most obedient servant,

A. BULGER.

1 Dominion Archives. Bulger Corr., Ill, M. 151, p. 19.

2 Dominion Archives. Bulger Corr., Ill, M. 151, p. 20.

28159— 15i

228 CANADIAN ARCHIVES

he lias reason to believe that certain articles appertaining to
the estate of the Earl of Selkirk which were unlawfully
obtained by Xavier Dugal and Alexis Trempe on or about the
20th day of October last, are now concealed or deposited in
the house of a man named " Paye " in Pembina aforesaid.
This is, therefore, to authorize and require of you to proceed
with proper assistants, to the house of the said " Paye " and
there to make strict search for the said property and to cause
the same, if found, to be brought to me. Hereby command-
ing all His Majesty's subjects to be aiding and assisting in the
execution of this Warrant, as they shall answer for the con-
trary at their peril.

Given under my hand and seal at Pembina in the District
aforesaid the 27th day of January, 1823.

ANDREW BULGEK,

Govr. of Ossiniboia.

L.S.

17. Examination of John Dubach by Governor Bulger. Feb.

10, 1823™

Forks of Red River,

Fort Douglas, 10 Feb. 1823.

Examination of John Dubach, a Swiss inhabitant of this
'Settlement, taken by A. Bulger, Esquire, Governor of Ossini-
boia, in presence of Mr. John Allez and Mr. Paul Reynberger.

Quest. — I have heard that you intend leaving the Red
River Settlement. Is it true?

Ans. — Yes.

Quest. — What are your reasons for leaving it ?

Ans. — Because we cannot live here. We were told in
Switzerland, in the prospectus, that this was a fine country but
we see that it is not such. The land is good, and in good sea-
sons we might raise wheat, barley and potatoes, but not hemp
having tried it. All vegetables freeze here. We cannot live
upon potatoes and barley and the goods are too dear. In three
or four years I should be in debt more than I ever should be
able to pay. I am not strong enough to go to the plains in
search of meat. I am not accustomed to that kind of life. I
have five boxes and one bale still remaining at the sea. Here

1 Dominion Archives, Bulger Corr., Ill, M. 151, pp. 26-28.

PIONEER LEGISLATION 229

is an account of what I have there, with the value. I will give
up the keys before I go.

Quest. — When did you make up your mind to leave this
country ?

Ans. — Last fall.

Quest. — In what way do you propose to depart?

Ans. — Louis JSToiin lias promised to take me, my wife and
cbiM, my father and mother, to the Mississippi for two hun-
dred Dollars. Descombes is going with us. I know of no
others. I have heard that Scherman is going, but I am not
certain. I gave Louis Nolin in payment all I had, cloth,
clothes, a cow and some hay. I have now nothing remaining.
Some of the articles including the cow I received here from the
Colony. I would not have sold the cow if my family had been
furnished, as we were promised, with food during the first
year, or even if my property had been brought up this year
from the sea. I laid out forty three louis d'ors during the
last winter for provisions for my family. I paid different
prices to Mr. Bird of the Hudson's Bay Co., for provisions. In
the fall I paid a French crown for ten pounds of dried meat.
In the spring I paid a crown for five pounds dried meat, and
the same sum for four pounds of fat. I paid also in hard
money to Mr. Bird fifteen shillings for half a bushel of pease,
a crown for ten small fish, and two crowns for a pound of
tobacco. I laid out altogether with the Hudson's Bay Co.,
about twenty-five louis d'ors.

Quest. — When do you intend leaving the Eed River Settle-
ment ?

Ans. — I shall depart in the spring as soon as Louis Xolin
is ready. My father is fifty-nine years, my mother fifty-two. I
have a wife and a child about 3 yrs. old. It is very hard for
us to be obliged to undertake such a dangerous journey. C'est
un grand malheur pour nous to have been deceived about this
country. We know that we must suffer a great deal of misery
to get out of it. We may perish on the road, but I had rather
die at once than live in continued misery.

Quest. — What will you do upon the Mississippi ? I am
quite sure, from my knowledge of that country, that you will
not obtain a living there.

Ans. — We cannot help it. We must beg charity. I have
some relations near Pitteburar on the Ohio and I will try to get
there. If I do not like that country I will endeavour to make a
little money to take my family to our own country. It is now

230 C ACADIAN ARCHIVES

three years since my relations wrote to me to come to the Ohio,
and I intended going to join them when I saw Mr. de May's
prospectus about the Red River Colony and I then made up
my mind to come to it. That prospectus made such a noise
in Switzerland, that the whole population would have come
out to this country if they could have had time to sell off their
property. I was myself a farmer, I owned eighteen cows, one
horse, ten sheep and other domestic animals. I sold off all by
public sale to come to this country. I paid to Mr. de May
near fifty pounds in money for the passage of my family and
my father and mother to Red River. Mr. de May wanted me
to give him a louis d'or but I would not.

18. Minutes of the Council of Assiniboia, Feb. 18, 1823. (1)

Minutes of a Council held the 18th day of February, 1823,
at the Red River Settlement in the District of Ossiniboia, in
Rupert's Land.

PRESENT :

Andrew Bulger, Governor of Ossiniboia.

Thomas Thomas, Councillor of Ossiniboia.

John Pritchard, " "

Captain Bulger begs leave to state that he has received
information that some of the Swiss settlers (2) are about to
leave the Red River Colony and proceed to the United States
•of America, — that Louis ISTolin has engaged to conduct them
to the Mississippi, — that two of them, viz. : John Dubach and
David Descombes (3) have already paid E~olin for conducting
them out of this country, the value of two hundred dollars,
each, in various articles, among which were the cows which
they received upon credit from the Earl of Selkirk's Execu-
tors,— and that these cows are now in the possession of Registe
Larante, by whom they were purchased from Louis Nolin.

1 Dominion Archives. Bulger Corr., Ill, M. 151, p. 46.

1 The Swiss settlers or De Meurons engaged at Montreal and Kingston
by Lord Selkirk in 1816 originally belonged to two mercenary regiments
employed by England in the American War of 1812. They were placed
opposite Fort Douglas on the Seine. In 1821, some Swiss families, won
over by the propaganda of a Colonel May, came to the Red River via
Hudson Bay. Many moved to Fort Snelling near St. Paul.

'The examination of John Dubach and David Descombes took place
in the presence of John Allez and Paul Reynberger on February 10, 1823.
See Bulger Corr., Ill, M. 151. pp. 26-40.

PIONEER LEGISLATION 231

Iii communicating these particulars, Captain Bulger begs
leave to submit the following points for the consideration of
the Council :

1st. Under all the circumstances of the case of the Swiss
settlers, and taking into consideration what was stated with
regard to them by Mr. Halkett (1) in July last, viz. that if
they were not satisfied with the Red River, they were at liberty
to leave it. Is it advisable that any of them, so about to depart,
should be arrested and detained for the debt which they owe
to the Earl of Selkirk's Estate ?

2nd. As the cows in question were considered as being sold
upon credit to the said John Dubach and David Descombes
und were purchased by Registe Larante, not from them, but
from Louis Nolin, is it proper that recourse should be had to
force to recover the cows from Larante?

' Upon mature consideration we are of the opinion that it
would be very unwise, in the present state of the Colony, to
resort to any violent measures whatever, — especially such as
might be deemed arbitrary or illegal and which could not fail
to wound the feelings of the better part of the inhabitants.

Signed in Duplicate.

3.9. Commission issued to Donald Murray and Donald McKay
by Governor Bulger, March SI, 1823.(2)

Whereas I, Andrew Bulger, Governor of the District of
Ossiniboia, within the Territory of Rupert's Land under the
jurisdiction" of The Honourable The Hudson's Bay Company
lave constituted and appointed Donald Murray and Donald
McKay indwellers and residenters in the Red River Settle-
ment within the said District, to be constables for and within
the said District and have also administered the oath of office
-of constable to each and every of them.

These are therefore to command and require all persons
-whomsoever to be aiding and assisting to the said constables
to preserve the peace within the said District.

Given under my hand and seal in Fort Douglas, Red River
'Settlement, in the aforesaid District and Territory this thirty
first day of March, One thousand eight hundred and twenty
three.

1 A relation of Lord Selkirk who had come out in 1811 to settle up the
^affairs of the late Earl.

2 Dominion Archives. Bulger Corr., Ill, M. 151, pp. 117-118.

232 CANADIAN ARCHIVES

20. Correspondence between Governor Bulger and Chief Factor
Clarke relating to land for retired servants of the Com-
pany, 182S.(l)

FORT DOUGLAS, 23 April, 1823.
DEAR SIR, —

The late unfavourable weather, added to my increasing-
ill health, has prevented my calling on you as I had promised
to do on Saturday last.

The badness of the weather has likewise retarded Mr.
Kemp's operations on the lots situated on the west side of Red
River, immediately above your Fort. These lots are in
dreadful state of confusion, and it is absolutely necessary
before the people settled upon them begin to sow, that their
lines should be distinctly marked out. Unless this be done
immediately there will be nothing but fighting and quarrelling
among them. But when it is done, nothing will prevent Mr.
Kempt from proceeding to the Image plain to lay out the small
lots for the Company's servants. In the meanwhile, I should
be glad to receive in writing your determination as to the
quantity of land to be given to them. In the 6th resolve of
the Council of the 20th August last, it is recommended, that
they be restricted to grants of not exceeding 30 acres in the
neighbourhood of the Image plain, which I am of opinion,
will be insufficient for a family, considering that the line must
run back to the extent of the Indian grant, and that much of
the land in the rear is swampy. A front on the river of three
chains (or 66 yards) would give them 48 acres which I dare
say the Hnourable Committee would not tihnk too much,
if you sanction the measure.

With regard to those old, respectable servants who may be
entitled to grants of land, from 100 to 1,000 acres, it does not
appear .to have been the practice of Governor Simpson to point
out, in his certificates, where they should receive those grants ;
and as no allusion has been made to them by the Council held
at' York Factory in August last, it may perhaps, be as well to
adhere to the form established by G-ov. Simpson. — To me, it is
perfectly immaterial where such persons receive their allot"
ments ; but if it is to be in the vicinity of the Image plain, as is
particularly pointed out in your certificates (for 400 acres) to

1 Dominion Archives. Bulger Corr., Ill, M. 151, pp. 156-161.

PIONEER LEGISLATION 233

John Park, J. Whiteway and J. Folster, the plan which the
Council has recommended, of settling their numerous servants
of an inferior class, upon small lots, in that neighbourhood can-
not be accomplished. Whatever jour determination may be in
this matter, you have but to communicate it officially to me, and
the surveyor will be directed to carry it into effect ; it being, of
course, understood that you take upon yourself the whole respon-
sibility attached to any change in the plan recommended by the
Council.

I am, dear sir,

Yours sincerely,
(Signed) A. BULGEE.
JOHN CLARKE,, Esqr.,
Chief Factor of

Honble. Hudson's Bay Company.

FORT GARRY, 24th April, 1823.
DEAR SIR, —

Yours of yesterday is now before me, and now take the-
liberty of answering it. I am s.orry we had not entered earlier
into an explanation respecting the location and grants of land
intended for the retired servants of the Company. The ad-
vanced state of the season, and the delay in laying out the lots,
must place such of them as have received certificates who are
on the spot, and others daily expected from Pembina, to great
inconvenience as they might be employed preparing materials
for building and clearing ground to sew and plant for their
future subsistence.

My determination, respecting the quantity of land to be
given to retired servants, is to adhere strictly to the 6th resolve
of the Council at York Factory of the 20th August last, and
will not take on myself to assume' any further responsibility.

Respecting the old and respectable servants who have lately
received certificates from me, if I am not mistaken, it was un-
derstood by Mr. Kempt that it was not strictly at the Image-
plain, that the grants were to be but higher up the river, but
this can be easily rescinded by recalling the certificates. Had
the copy which you enclosed been handed me last Fall when
the first certificates were given by me to retired servants it
would have prevented and spared me some trouble but I will
without delay rectify the error.

CANADIAN ARCHIVES

I enclose for your perusal an obligation contract of a retired
servant of the Company who receives a grant of land, and
should you not think it sufficiently binding until the Deeds are
passed please favor me as early as possible with your opinion,
that I may rectify my mistake.

I remain, dear sir,

Yours sincerely,

JOHN CLAEKE.
ANDREW BULGER, Esqr.,

Governor of Assiniboia.

P.S. — I enclose you an account of the article forwarded
jesterday. On examining the Invoice (?) I find that you may
be supplied with few more rakes.

Yours,

J. C.

FORT DOUGLAS, 25 April, 1823.
DEAR SIR, —

I beg to acknowledge the receipt of your letter of yester-
day's date. Upon that part of it wherein you express your
regret that we had not come to an earlier explanation on the
subject of the land to be given to the retired servants of the
Company, I must be permitted to observe that I have, more
than once, stated to you in the course of conversation, my sentr
rnents upon the subject. Mr. Kemp has, also several times
waited on you upon the same subject. It was a matter, in
which as I conceive, nothing was left to me ; my opinion might
either be rejected or followed as to you might seem proper, and
therefore, after giving that opinion, I had nothing to do but to
await your decision. So far back as February, Mr. Kemp, at
your desire, made out and submitted to you the plan of a village
to be formed upon the River Assiniboine, a situation which
from its proximity to the Company's establishment, was thought
by you, and certainly by myself, to be the best for those retired
servants, who have been, in an especial manner, placed under
your superintendence and controul. That plan was not in the
end approved of by you ; and the Image Plain was finally fixed
upon as the place where those people should be settled. The
quota of land to be allotted to them, did not, however, appear

PIONEER LEGISLATION 235

to me to be absolutely determined upon and one of the princi-
pal objects of my letter of the 23rd instant, was to obtain your
final judgment upon that point. It has now been received and
shall be carried into effect with all possible dispatch. To do it
immediately, is, I assure you, utterly impossible without doing
an injustice to the old settlers many of whom have been in the
Company's service, and whose lots as I mentioned to you in my
letter yesterday, are in a deplorable state of disorder.

There are, now, however, lots of 32 acres each, ready at the
Image Plain for the reception of eight of those to whom you
have given certificates, they were marked out last fall by Mr.
Kemp — the first commencing at about 60 yards below the
Pigeons — if you will cause those eight lots to be drawn for
and the people who gain them to attend altogether upon a cer-
tain day (giving us one day's notice) Mr. Kemp's chain carrier
shall go with them to the spot arid point out their respective
numbers. For the rest, be assured that Mr. Kemp is anxious
to get them settled, and will do so as soon as possible.

Until I received your certificates in favour of J. Parke,
J. Whiteway and J. Folster, and which are, I believe, the first
that you have given, since your arrival, for grants exceeding
30 acres, I was not myself aware that any particular form had
"been established by Governor Simpson. I have no wish, you
may be assured, to cause you any unnecessary trouble. I
return the obligation of W. Dunnett, which I am of the opinion
is sufficiently binding.

I remain, Dear Sir,

Yours sincerely,

(Signed) A. BULGER.
JOHN CLARKE, Esqr.

21. Minutes of the Council of Assiniboia, May 8, 182S.(1)

Minutes of a Council held this third day of May, one thou-
sand eight hundred and twenty three, at the Red River Settle-
ment, in the District of Ossiniboia in the Honourable Hud-
son's Bay Company's Territory of Rupert's Land in British
North America.

PRESENT

Andrew Bulger, Governor of the District of Ossiniboia.

Thomas Thomas, Councillor of the District of Ossiniboia.

William Hemmmgs Cook, " " "

John Pritchard ^ "

1 Dominion Archives. Bulger Corr., Ill, M. 151, p. 184.

236 CANADIAN ARCHIVES

The Governor informed the Council " that yesterday (the)
second instant while he was busy in the Colony store in Fort
Douglas, two men, strangers to him, appeared at the door of
the said store, one of whom asked " Is the Captain here " and
on seeing the Governor said " We understand that Justice is
to be found here." Upon the Governor enquiring what was
the matter, he who had before spoken pointed to another man,
who stood by his side with his head bound up by a bloody
handkerchief and whom he called Risk Kipling, and said
" This man has been almost killed by that murderer — this is
the third this year that he has used in the same manner."

The Governor enquired who he meant, — he replied " Pen-
sonant" who was known to the Governor to be a clerk in the
service of the Honourable Hudson's Bay Company, and
employed under John Clarke (1) Esqr., their Chief Factor
in this District."

The Governor further stated to the Council " that he was
so much shocked by this unexpected and public appeal to him
in a matter which he felt averse to having anything to do with,
he did not at the moment know what answer to give, and in
order to gain time for reflection, merely said he was then busy
but would hear what they had to say in the course of an hour ;
that upon his return from the store to his own room, upon
mature reflection, and considering it to be his -bounden duty,
to guard the life of even the meanest individual in the Dis-
trict, over which it had pleased the Honourable Hudson's Bay
Company to constitute and appoint him Governor, he came to
the resolution of summoning the Gentlemen appointed by that
Honourable Company, Councillors of the said District (2)

1 John Clarke had been one of Astor's partners in the Pacific Fur
Company. In 1815-16 he had charge of the Athabasca brigade and waged
bitter war with the Nor' Westers. He stormed Fort Vermilion but was
driven off to Peace River. After facing starvation he was taken prisoner
at Fort Chippewyan by MacGillivray and Black. After the union of the
Companies, Clarke went to Montreal. He soon returned with a Swiss
wife and was Chief Factor under Governor G. Simpson. The Bulger
Corr., shows that during Bulger's term of office there was incessant
wrangling with Clarke, "Not content" Bulger wrote him on October 4,
1822. "'Not content with having thus openly contemned, my authority as
Governor of the Settlement, and trampled upon the rights and immun-
ities assured to the settlers on the grant from the Hudson's Bay Company,
you threatened to crown your aggressive acts by stopping the free passage
of the Red River." (Bulger Corr., II, M. 150, p. 357). In a letter to
Governor Simpson dated London, May 21, 1823 (Bulger Corr., Ill, M. 151,
pp. 215-221) the Governor and Committee characterize the conduct of Mr.
Clarke at the beginning of the preceding winter as most unwarrantable
and declare that he had totally misconceived his rights and powers as a
Chief Factor. They stated that the servants of the Company in the Dis-
trict were to consider themselves under the authority of the Governor.

2 The Resolutions of the General Court of the Hudson Bay Company
declared the Governor of Assiniboia with any two of his Council competent
to form a Council for the administration of Justice.

PIONEER LEGISLATION 237

in order that lie might receive the benefit of their advice and
.assistance, as well in determining how to proceed as in investi-
gating1 the merits of the case thus forced upon their considera-
tion; that having come to this resolution he directed that the
complainants should be shewn into his room, where, in the
presence of Mr. Kemp he informed them that he could not
hear them except in the presence of the Gentlemen of the
Council, whom he would request to attend on the following
day at 11 o'clock, at which time, they, the complainants would
also appear if they had anything to say ; that he silenced one
of them who attempted to make a reply, by saying that he
would not then hear anything from them ; and that upon closing
the business of the day he transmitted a letter to Mr. Clarke,
informing that gentleman of the complaint made against Mr.
Pensonant and of the step which he had determined to adopt
in consequence thereof."

The Governor further stated to the Council that about nine
o'clock this morning (the third instant) he was waited upon
by Mr. Hargrave(1) a gentleman in the service of the Honour-
able Hudson's Bay Company, who came commissioned to
express Mr. Clarke's sentiments upon the matter in question,
which he did in words to this effect, " Mr. Clarke denies the
authority of the Governor and Council of Ossiniboia to inter-
fere in this matter(2) and will not allow any one under him
to appear before them to give evidence therein ; that the Gover-
nor in reply asked Mr. Hargrave if he had any objections to
state so in writing, which he declined doing, having as he said,
no authority to do so ; that he was then asked by the Governor
if he would state so in the presence of the Gentlemen of the
Council which he also declined doing, stating that he knew
what Mr. Clarke's sentiments were and he was only commis-
sioned to communicate them to the Governor in private; that
the Governor then requested that Mr. Hargrave would inform
Mr. Clarke that if he would in a formal manner by writing,
declare his denial of the authority of the Governor and Coun-
cil of this District, they would stdy all proceedings, and refer

1 James Hargrave,— later a member of the Council of Assiniboia.

2 When Earl Selkirk received the District of Assiniboia in 1811, the.
H. B. Co., made an important reservation in favour of the grantors
"Saving and reserving nevertheless to the said Governor and Company
and their successors, all rights of jurisdiction whatever granted to the

Company by their Charter."

238 CANADIAN ARCHIVES

the matter for determination to the Governor and Committee
of the Hudson's Bay Co., which message Mr. Hargrave assured
the Governor he would convey to Mr. Clarke.

Upon this information being laid before the Council it was
unanimously resolved to await Mr. Clarke's decision upon the
proposition made to him through Mr. Hargrave, and the
Governor and Council did accordingly wait about one hour
p.nd a half, at the expiration of which time Mr. Hargrave
appeared before them and delivered a letter of which the fol-
lowing is a copy:

" I hereby declare it is my opinion that the Governor and
Council of Ossiniboia are not authorized to interfere in the
internal affairs of the Honourable Hudson's Bay Company,
whether in civil or criminal matters, without the presence and
assistance of the Company's representative in the said District
of Ossiniboia considering that without such presence and
assistance, every matter whether civil or criminal, where -both
parties belong to the Company, should properly come under
the cognizance of the Governor and Council of the Honourable
Hudson's Bay Company, held at York Factory or elsewhere
in the Northern Department of Prince Kupert's Land, and I
hereby protest against all such interference and further, hold
the said Governor and Council of Ossiniboia 'responsible for
the consequences of such interference in creating dissensions,
and want of due subordination between Master and Servant.
Signed. JOHN CLARKE,

Chief Factor,

FORT GARRY, Hudson s Bay Company.

May 3rd, 1823.

To the Governor and Council of Ossiniboia,
Fort Douglas.

Mr. Hargrave having retired, the Governor and Council
proceeded to record their sentiments upon the above document
and their final resolution. ,

The Governor and Council met this day under the authority
of the General Court of the Hudson's Bay Company with powers
sanctioned by His Majesty's Government, and the object of
their meeting was, — precisely that for which they \vere con-
stituted,— to administer justice according to the Laws of Eng-
land, by which they have been assured from high authority,
they are to be governed. They conceived that no one was above

PIONEER LEGISLATION 239

those Laws; that all were equally amenable to them and liable
for any infraction thereof within the District of Ossiniboia to
be proceeded against in the mode pointed out by the Honourable
Committee of the Hudson's Bay Company in their letter of the
1st June last, addressed to the Governor of the said District;
above all they never imagined that any person, much less a
gentleman holding a high rank in the service of the Hudson's
Bay Company, would for a moment think of setting himself
above those Laws, or of denying the authority of the Court con-
stituted by that Honourable Company and sanctioned by His
Majesty's Government. The Governor and Council have never
attempted to interfere in the internal affairs of the Hudson's
Bay Company, and conceiving as they do that the administra-
tion of justice should be public, they could have no objection to
Mr. Clarke's presence at their sittings, at the same time%they
do not consider that he has any right to assist in their decisions
or to have a voice in their Council, since it has not pleased the
Honourable Hudson's Bay Company to nominate him a member
thereof. Neither do they consider the charge indirectly
attempted to be fastened on them of creating dissensions and
want of due subordination between master and servant as at
all applicable to any of their proceedings; as well might any
Bench of Magistrates in England, if they should entertain the
complaint of a servant against his master, be accused of that
charge, as the Governor in Council of Ossiniboia, sitting under
the authority of the Hudson's Bay Company to investigate a
matter apparently of a serious nature between two servants of
that Honourable Company. In conclusion the Governor and
Council have unanimously resolved to suspend all further pro-
ceedings in this particular case, and to leave the vindication of
their authority to the Honourable Company from whom it has
been derived. It was further resolved that the minutes of this
day's proceeding should be signed in triplicate by the Governor
and Council, the original to be deposited in the office of the Red
River Colony ; the duplicate to be transmitted by the Governor
to the Honourable Committee of the Hudson's Bay Company
through their Secretary ; and the triplicate to be at the disposal
of the Governor.

A. BULGER.

THOMAS THOMAS.

WM. HEMMINGS COOK.

JOffiST PRITCHARD.

240 CANADIAN ARCHIVES

22. Letter from Governor, Deputy Governor and Committee
of the Hudson's Bay Company to George Simpson,
May 21, 1823.1

HUDSON'S BAY HOUSE,

LONDON, 21st May, 1823.

GEORGE SIMPSON, Esqr.,

SIR,—

We have received from the Executors of Lord Selkirk a
dispatch addressed to them by Mr. Bulger Governor of Ossini-
boia, and from Mr. Thain a copy of the letter addressed to him
vby Mr. Clarke, Chief Factor, on the subject of the proceedings
which took place at the Forks of Ked River the beginning of
last winter.

We are disposed to attribute the conduct of Mr. Clarke to
his zeal for what he considered the interest of the Fur Trade,
but we must at the same time observe, that some of the proceed-
ings were most unwarrantable as well as extremely imprudent
and indiscreet. His serving the notice against trading in con-
travention of the Charter of the Company and the License from
the King upon Mr. Bulger, whom he knew to be the Governor
of the District appointed by us, was most preposterous and in-
decorous, tending to bring into contempt the authority and pri-
vileges of the Company arid to throw the whole settlement into
confusion. And his breaking into the house of Larante with
an armed force and seizing the skins of Deer and Buffalo as
well as furs and peltries which he found there, was improper
-and illegal, and might have led to a dangerous breach of the
peace. If he had information that Larante had been trading
furs he ought to have applied to Mr. Bulger, the Governor who
upon the facts being declared to him on oath, would no doubt
have granted his authority for the search. The effects of this
would have been to establish the power of regular authority in
place of that of force and violence.

But it would have been a more judicious proceeding if Mr.
Clarke had in the first instance applied to the Governor to issue
the notice against trading in furs and to inform the inhabitants
that if they did, thereafter trade furs, they would be ejected
from their lands under the conditions of the grant and that furs
would be seized when discovered.

1 Dominion Archives. Bulger Corr., M. 151, p. 215, seq.

PIONEER LEGISLATION Ml

The intention to stop the boat going to Pembina was equally
Illegal, as well as being imprudent and indiscreet, for though
Mr. Clarke in his letter to Mr. Bulger affects surprise at what
occurred, yet from all the circumstances it is not to be doubted
that if Mr. Forrest had been alone in the boat Mr. Clarke would
"have detained him and prevented his going to Pembina', to pro-
cure provisions. Such conduct might have occasioned violence
and loss of life which would have involved Mr. Clarke in very
serious responsibility and would have brought great odium on
the Company in the eyes of the Government and the public of
this Country and probably have proved extremely injurious to
its interests for a repetition of violences would not now be
suffered after the sacrifices made to prevent the collision of
•conflicting interests.

Mr. Clarke seems to have totally misconceived his rights
and powers as a Chief Factor, and to have considered himself
not only independent of Governor Bulger in matters relating
to the trade, but superior to him in authority, — there wras never
such a mistake.

Further, Mr. Clarke had no right or authority to call upon
the Catholic Bishop to issue any notice respecting the rights
of the Company and the Bishop ought not to have complied
with his demand without the sanction of the Governor ; besides
the assertion in his letter to the Bishop that the Company have
the right to prevent the settlers who hold lands under grant
from Lord Selkirk from trading provisions, is totally un-
founded. The Company has no such right; and though a
•question might be raised respecting the skins of Buffalo and
Deer as "untamed animals", yet it never was our intention
to prevent the settlers from procuring these skins as far as they
might be required for their own consumption.

Mr. Clarke was sent to Red River* in the expectation that
from his experience in the country, and his influence with the
Canadians and halfbreed people he might render essential
assistance to Mr. Bulger, and with instructions to afford him
all the assistance he could without injury to the trade. "We
•cannot conceive therefore, how he should have thought himself
justified in slighting and disregarding the authority of Mr.
Bulger or in attempting to prevent the settlers from procuring
provisions and leather with the view of extorting an exorbitant
price for these articles which he might supply out of the Com-
pany's Stores.
21859—16

242

3 ACADIAN

The Settlement may with liberal and proper management
be rendered of great service to the trade of the Company, and
the Company may foster and encourage the settlement (with-
out any real cost or expense) by taking from it such articles
as may be wanted for the trade, and by giving it occasional
assistance in the transport of goods, etc., at a moderate charge.
We therefore hope that in future all transactions with the-
settlement will be conducted on this principle.

We enclose copy of a [Resolution made in 1816 with the view
of encouraging the settlers to be industrious in cultivating
their lands. This Resolution is still in force and we desire it
may be acted upon liberally and in good faith, and we trust
the settlers will consider it to be a proof of the favourable-
intentions of the Company towards them.

The most effectual mode of preventing the intrusion of
petty traders from Canada or elsewhere, is to act in conformity
to the instructions contained in our letter of the 13th March
last, in which we directed goods to be sold to such as would
pay for them at York Factory, at an advance of one third or
33J per cent on the prime cost which advance covers freight,
interest, packages, and all charges, and is as low if not lower,,
than the price at Montreal. If sold at Red River the prices
to be that for valuing the inventories of remains enclosing the-
Company's annual accounts. If these rates of prices are
adhered to (and we positively desire that they be so) no petty
trader will find it for his interest to bring goods into the
country, but if he does, we desire that his European or
other goods brought into the country may not be seized, but
that the notice against trading with the Indians be served on
him, and if he is afterwards found to have traded furs and
peltries then the same are to be seized and a strict watch kept
to seize any furs or peltries or buffalo robes that may be
attempted to be exported out of the country without our license
and authority agreeable to the Charter and to the Royal License-
under the first and second Geo. IV. Chap. 66.

In consequence of the resignation of Mr. Bulger, we have-
appointed Robert Parker Pelly, Esqr., Governor of Assiniboia
and he will take his passage by the Prince of Wales.

The District is commensurate with the Territory granted to
the Earl of Selkirk and the Governor and his Council will ha
invested by virtue of the Charter and our authority, with full
powers not only to administer justice, conformable to the Laws
of England, but call upon all Chief Factors, Traders, and Ser-

PIONEER LEGISLATION 243

vaiits of the Company within the District, as well as the other
inhabitants to aid and assist in carrying their decisions into
execution and in preserving the peace, either against the
riotous and turbulent proceedings of any portion of the inhah-.
itants or against the hostile attacks of Indians or others. The
Chief Factors, the Chief Traders and Servants of the Com-
pany within the District are to consider themselves under the
authority of the Governor, and to conform and to ohey all
orders that may be issued by the said Governor, and his Coun-
cil. If the Chief Factor, or Trader, shall consider any of
these orders to be injurious to the trade, he is not to attempt
to resist them, but he may represent his opinion in writing,
in temperate and respectful language to the Governor and
Council, and if the matter is not arranged to his satisfaction
he is to report the circumstances to the Governor and Council
at York Factory, who will institute an inquiry into the cir-
cumstances and report the whole facts for our consideration
and determination. It is necessary to put an end to all doubt
as to the supreme authority in the district to prevent disputes
for the future.

It is not however intended by these instructions to interfere
with the rules and regulations for the management and conduct
of the trade which the Governor and Council of the Northern
District are authorized to make, but for the purpose of munir
cipal regulations and the preservation of the peace of the Dis-
trict to declare that the supreme authority in case of dispute
or emergency is vested in the Governor and Council of Assini-
boia, subject to either of the Governors of the Company's
Territories presiding when present and we would strongly urge
the propriety of a cordial and unanimous support to the
Governor and Council, as the most effectual means of preserv-
ing the peace of the settlement and preventing the encroach-
ments of the Americans or hostile Indians.

A want of attention to this principle has occasioned much
mischief to the settlement and is the cause of our incurring
the expense of this express, for the purpose of assuring the
protection of the Company to the settlers in all their just
rights, and convincing them that the illegal and arbitrary pro-
ceedings which occurred the beginning of last winter are not
approved of and will not be suffered to be repeated.

Great inconvenience having been found from there being
no money, or circulating medium in the Colony, we instructed
28159— 164

244 CANADIAN ARCHIVES

you in our letter of the 13th March last to circulate the notes
which had been sent out. The most ready and effectual way
of bringing the notes into circulation is to establish that all pay-
ments by the Company for grain or other articles bought from
Settlers shall be made in these notes, and that for all goods sold
in the shop at Red River payment shall be required to be made
in these notes also, and no transaction by way of barter of pro-
visions for goods be allowed with the Company. To such per-
sons as can give a good bill on London notes will be issued in
lieu of such bill, and it is recommended that all payments
among the settlers themselves of wages and other services be
made in the notes which will bring them into use, and shew the
people the convenience arising from them. We do not think
it necessary to Center into more details at present, as Mr. Pelly
the new Governor will be fully possessed of our opinions and
views and those of the Trustees of Lord Selkirk respecting the
Settlement.

As it appears that the dwelling house at Fort Douglas is not
in good condition or comfortably fitted up, we desire that imme-
diate measures be taken by the person in charge at Red River,
to repair the house and make it as comfortable as possible, for
the reception of Mr. Pelly and his family. Should the build-
ing at Fort Douglas not be in a fit state for Mr. Pelly on his
arrival, it will be proper that he be accommodated at Fort Garry
for a time, and we desire you will give the necessary orders for
this purpose.

We are,

Your affectionate friends,

(Signed) J. H. PELLY, Governor.

K GARRY, Dy. Governor.
JOSEPH BERENS.
BENJAMIN HARRISOK
A. COLYILE.
THOS. PITT.

A true copy.

(Signed) WILLIAM SMITH, Secretary.

PIONEER LEGISLATION 245

23. Extract of letter from A. Colvile to A. Bulger, May 21,

1823.(1)

" I shall direct this to be opened by any member of your
Council in case of your absence".

24» Agreement between Governor Bulger and Michael Bousquet
for a lot of land June 1st, 1823.™

It is agreed between Andrew Bulger on the behalf of the
Executors of Thomas, late Earl of Selkirk and Michael Bous-
quet of Red River that the said Michael Bousquet shall be put
in possession of a lot of land numbered on the plan 156 and
157, and containing 15 English Statute acres, bounded on the
north by the land of Joseph Matt, on the east by the road com-
municating with German Street, on the south by the land of
Charles Gaspard Bruce, and on the west by the Red River, and
that the said Michael Bousquet shall hold the said lot of land
upon the conditions expressed, and at the rent fixed in Mr.
Halkett's " Memorandum of 20th July, 1822, which is deposit-
ed in the Colony office ".
Signed in duplicate at Fort Douglas,

Red River Settlement, this 1st clay of
June, 1823. In presence of

25.. Oath required from Settlers at Red RiverS®

C. B. hereby binds himself upon oath to conform to any
orders or regulations connected with the welfare, prosperity and
good government of the Red River Settlement that may from
time to time be issued by the Governor of Ossiniboia or his
Council, as also by the Governor of the Northern Department
of Rupert's Land or the Chief Factor or principal officer for
the time being in charge of the said Honourable Hudson's Bay
Company's affairs at Fort Garry — also that he shall on all occa-
sions hold himself in readiness to assist and act when required
in the preservation of the peace and in suppressing any attempts
that may be made by ill-disposed persons to the contrary and

1 Dominion Archives. Selkirk Papers, XXV, 7873.

a Dominion Archives. Bulger Corr., Ill, M. 151, p. 316.

8 Dominion Archives. Bulger Corr., Ill, M. 151, p. 8.

246 CANADIAN ARCHIVES

voluntarily give such information to the proper authorities as
comes within his knowledge affecting the tranquillity of the
Settlement.

26. Notice issued by Governor Bulger, June 10, 1823.(l)

Whereas William McLeod; Kenneth McKenzie, and James
Murdoch, contracted servants of the Hon'ble. Hudson's Bay
Company have absconded from their service ; All His Majesty's
subjects are hereby requested to be aiding and assisting to the
bearer hereof, Charles Gaspard Bruce in apprehending and
bringing before me the said three Deserters.

Given under my hand and seal in Fort Douglas, the 10th
day of June, 1823.

A. BULGER,
Governor of the district of Assiniboia,

Rupert's Land.

27. Examination of James Mitchell before the Council of
Assiniboia, July 8, 1823.™

This eight day of July in the year of our Lord One Thou-
sand eight hundred and twenty three, appeared before us the
undersigned Council of Red River Colony, James Mitchell, who
being duly sworn on the Holy Evangelists, deposeth :

That he came to this country last autumn in the service
of the Executors of the late Earl of Selkirk in the capacity
of Millwright. That on or about the twenty-fifth day of
November last he was in the house of David Tully, when he
saw Hugh Monro one of the servants of Fort Douglas bring
in a quart pot nearly full of port wine and put the same on a
table in the house of said David Tully.

That he the said James Mitchell did drink a part of the
same wine in company with David Tully and the said Hugh
Monro.

That after the aforesaid persons had drank the quart of
wine, the said Hugh Monro brought in at different periods
during the same evening and night pots containing shrub,
Jamaica Rum and rectified spirits, the whole of which was
drank by the aforesaid parties.

1 Dominion Archives. Bulger Corr., Ill, M. 152, C.
1 Dominion Archives. Bulger Corr., Ill, M. 151, p. 393.

PIONEER LEGISLATION" 247

That he this deponent now hath reason to believe and doth
verily believe that the wine and other liquors as before men-
tioned were the property of Captain Andrew Bulger, the
present Governor of the said colony, and that they had been
•clandestinely taken by the said Hugh Monro from the private
apartments of the said Captain A. Bulger.

This deponent further saith, on the same evening, the said
Monro brought to Tully's house a small quantity of tea and
sugar desiring Mrs. Tully to make some tea for him, of which
they all afterwards partook.

That on or about the twelfth day of January last he being
then in the house of the aforesaid David Tully, saw the said
Hugh Monro bring into Tully's house some spirituous liquors
which he the deponent believes to have been the property of
the said Captain Andrew Bulger and that the before mentioned
David Tully and others did drink the said spirituous liquors.

J. MITCHELL.

Sworn before us at Fort Douglas,

Eed River Settlement,

8th July, 1823.

THOMAS THOMAS,
W. H. COOK,
JOHN PEITCHAED.

(Jl.) WILLIAM KEMPT.

1. Extract of letter from George Simpson to A. Colville.
Sept. 8, 1883™

By my letter from Norway House you would know my in-
tention of getting Mr. Donald McKenzie, Chief Factor appoint-
ed to the charge of Red River District as soon after the Council
had assented as possible; and from that place I wrote Capt.
Bulger requesting him to continue in charge until the arrival
of a gentleman to relieve him. Copy of that letter is now
transmitted. On the receipt of your letters by the Spring Canoe
at Red River a report was circulated (I understand by Mr.
Bulger and Mr. McDonald although no certain information
thereof has yet come to my knowledge) that the Executors had

1 Dominion Archives. Selkirk Papers, XXV, 8011-12.

248 CANADIAN ARCHIVES

shaken all future charge and interest therein entirely off their
own shoulders, and that the whole was now under the exclusive
management of the Coy. This occasioned a ferment in the
minds of the Colonists which became alarming owing to the
violent overbearing and oppressive measures adopted by Clarke
last winter, as they naturally supposed that he acted conform-
able to instructions, so that the very name of the Coy, as con-
nected therewith nearly drove them to desperation and we daily
expected to hear of serious riots at the Settlement. I therefore
lost no time after our arrival at York in getting Mr. McKenzie
appointed to the charge, but it occurred to me that in the then
state of mind of the inhabitants it would be better that he did
not appear to take the management. I accordingly wrote Mr.
Bulger and Mr. Kempt requesting that the latter gentleman
would take the nominal charge until my arrival in the Fall, but
that Mr. McKenzie should be privately consulted on all impor-
tant matters.

2. Extract from Kempt' s Journal.®

Sept. 23rd. — Being daily importuned by Messrs. Dickson.
and Musick to grant them liberty for disposing of the cows
brought by them to this Settlement above the age contracted for
and not wishing to take the responsibility upon myself, after
perusing the letter addressed by Lewis Musick to Captain
Bulger without the advice of the Gentlemen of the Council, I
wrote the following to them for their opinion and direction,
enclosing a copy of the Contract and the aforesaid letter.

FORT DOUGLAS, 23rd Sept., 1823.
GENTLEMEN", —

I herewith send you the Contract entered into by Captain
Bulger with Messrs. Dickson and Musick, and beg to have your
opinions, stating whether or not you think I would be justified
in granting these gentlemen liberty to dispose of the cows
belonging to them above 6 years old.
I am, Gentlemen,

Your most obedient humble servant,

(Signed) WILLIAM KEMPT.

To the Council of Assiniboia.

1 Dominion Archives. Selkirk Papers, XXV, 8062, seq.

PIONEER LEGISLATION 249

And received in answer the following opinions, —
I am of opinion that in order to prevent further delay in
disposing of the cattle, brought by Messrs. Musick and Dickson,
Mr. Kempt should select 60 good milch cows and two bulls in
compliance with the terms of the Contract and that after the
above selection has been made Messrs. Musick and Dickson
dispose of the remainder.

(Signed) THOMAS THOMAS.
RED RIVEE SETTLEMENT,

23rd Sept., 1823.

I am of opinion that the Contract is a sufficient guide for Mr.
Kempt and that the sooner the cattle are disposed of the better.
There can be no impropriety in acting agreeably to the opinions
of Messrs. McDonald and Thomas with whom my own ideas
on the subject decidedly correspond.

(Signed) W. H. COOK.
23rd Sept., 1823.

It is my opinion Mr. Kempt has nothing to do with cows
above six years old they not having been contracted for. But
under that age I think it would be wrong to allow Mr. Dickson
to dispose of any until the Contract has been fulfilled.

(Signed) JOHN PEITCHAED.

I am clearly of opinion that Mr. Kempt should take
delivery of the 60 milch cows and the two bulls contracted for by
Captain Bulger on the part of the Colony from Messrs. Musick
and Dickson, and that, according to the Contract. ;

(Signed) ALEX. McDONELL,

Sept. 25th. — Eeceived information of the school master
having solemnized a marriage in the church, which proceeding
I judged contrary to the usage of the Church of England and
forming a bad precedent in this place, as he did not so much as
consult one of the Gentlemen of the Council, one of whom was
his near neighbour. I- wrote him the following note, viz : —

250 CANADIAN ARCHIVES

FORT DOUGLAS, 25th September, 1823.
SIR,—

I am just informed that you have celebrated the important
Ceremony of Marriage, you who are to my knowledge no way
qualified, either by Law or Authority of the Honorable Hudson's
Bay Company. I therefore as acting Agent for the Trustees of
the late Earl of Selkirk, desire you will inform me by what
authority you presume to take upon yourself the duties of a
legal magistrate or an ordained clergyman.

(Signed) WM. KEMPT.

(i.) ROBERT PARKER PELLY.

'} Memorandum for Captain It. Pelly respecting Red River
Settlement, January 1823.

On his arrival at Hudson's Bay, Capt. Pelly will receive
from Capt. Bulger, or will find waiting for him at Red Kiver,
various documents, and written suggestions on the subject of
the Colony, together with the decisions already given upon
several petitions which had, at different times, been presented
from the several classes of settlers. Besides a regular com-
mission from the Hudson's Bay Company as Governor of the
District, Capt. Pelly will carry with him a power from Lord
Selkirk's Trustees to superintend the Colony, and an authority
to grant lands jointly with Governor Simpson, to such persons
as may be entitled to them, but who have not yet obtained them,
as well as to others who may be disposed to apply for similar
grants. He will be very cautious as to the extent of the grants,
in no case (unless where actual promises were made by Lord
Selkirk or his Trustees) to exceed 100 acres. It is of much
more consequence to have allotments of 50 or even 25 acres well
cultivated, than granting away large tracts which are afterwards
in a great measure left waste. But in these cases of limited
allotments, the necessary frontage to the river must be propor-
tionably attended to. The frontage for 100 acres ought
to be 8 chains, — and in the case of lots of 25 acres it will
be better to lay out a road or street perpendicular to the river,
on each side of which road lots of 25 acres may be laid out as
a village with such a frontage to the road as will bring the
houses near enough for mutual protection— and they may be

1 Dominion Archives. Selkirk Papers, XXV, 7791.

PIONEER LEGISLATION 251

encouraged to build opposite each other so as to bring four
houses pretty close together.

It must be specially noticed that none of the vacant lands
immediately opposite the present settlers' allotments, viz : those
on the east bank of the river, are to be disposed of without
express directions from the Trustees and no lands granted
nearer to Fort Douglas than those already given away, as it
may be found very adviseable to establish the farm for the use
of the Fort upon the land immediately adjoining that estab-
lishment.

It should be particularly attended to that, as it was the wish
of Lord Selkirk to render the Colony at Red River as compact,
and secure as circumstances would admit, — the grants of land
should be extended gradually from the Forks (at the junction
of the two branches of that river) as from a centre; that is,
either up or down the stream ; and that Capt. Pelly should dis-
courage as much as possible the establishing distinct and dis-
tant locations. This of course must not interfere with actual
promises made by the late Earl, but it will soon be evident to
Capt. P. that by keeping the Settlement in as compact a form
as can reasonably be effected, it will always make it more secure
from any aggression from the Indians, and render the adminis-
tration of justice under the Company's Charter more easy and
efficient; — it will also tend very much to further those views
entertained by the Company, and approved of by Government,
respecting the organizing and maintaining a small military
force for the protection of the settlers and the stability of the
Colony.

As the Trustees of the Earl of Selkirk have determined to
reduce the expences of the Red River Settlement as much as
they possibly can, the Colony Store will now be entirely abolish-
ed, and the settlers will henceforward have to supply themselves
with such articles as they may want from the stores of the
Hudson's Bay Company or any other regular channel they may
think proper to resort to. It will be very necessary therefore
that Capt. Pelly should obtain the payment of all outstanding
debts now due to the Colony Store, and that he should adopt
every reasonable step for that purpose; and that in no case
shoiild he complete the titles to any grants of land to indivi-
duals until their respective debts to Lord Selkirk are cleared
off.

As the people will not be able to procure the necessary cloth-
ing from the Company's Stores without paying for the same,

252 CANADIAN ARCHIVES

it will be proper to allow them to appropriate part of their
crons to this object in the first instance. But tho7 the Trustees
do not wish the people to be oppressed on the score of their
debts they ought to be made to understand that they are to pay
their debts and that if they do not make a reasonable exertion
for that purpose they will be ejected from their lands. This
will require some management at first as they will be alarmed
at finding they are no longer to be supplied with goods on credit
and it will be proper to hold out a strong -inducement for them
to pay off their old debts. On this principle the Trustees will
receive in payment wheat at 107 p. bushel and barley at 7/6 as
specified in a paper by Mr. Halkett when at R. R. and for
such debts as may be paid in this or any other way before
1st June, 1824, they will allow a discount of 20 p. cent for what
may be paid before 1st June 1825, 15 p. cent, 1st June, 1826,
10 p. cent, 1st June 1827, 5 p. cent. Interest at the rate of
5 p. cent will be charged on the debts that may remain unpaid
on 1 June 1824, but no interest to be charged in the meantime.

The conditions of grants of land, the rates of the prices of
grain, etc., to be taken in payment, are all specified in docu-
ments which were left in charge of Captain Bulger, and these
will form a sufficient general guide for Captain Pelly in his
superintendence at the Settlement, for which, of course, parti-
cular instructions cannot be given in every case that may occur.
Among the papers also left in Fort Douglas will be found the
Indian Deed between the late Earl of Selkirk and the Chippe-
way, Cree and Assiniboine Chiefs respecting the grant of land
made over to them by his Lordship to a certain extent upon
both branches of the Red River. It will be necessary for Capr
tain Pelly to be particularly attentive to the regular yearly
payments or considerations specified therein.

With respect to the Indians in general, Captain P. cannot
be too circumspect. They are for the most part easily managed,
but firmness and kindness are the best means of ruling them.
Above all things the distributing spirits among them should be
carefully avoided ; but they have hitherto been so much in the
habit of receiving spirituous liquors from the Europeans, that
the custom must be abolished cautiously, and in most parts of
the country gradually. Upon this and other points, Captain
Pelly will find the principal settlers always ready to assist, and
when necessary to advise with him.

Among the petitions of the settlers at Red River was one
from the discharged soldiers of the late Regiment of De Meu-

PIONEEK LEGISLATION 253

ron respecting certain allowances to which they stated they were
entitled under their engagements to Lord Selkirk. In conse-
quence of their application, Mr. Halkett (when at Red River
Settlement in 1822) applied to the Governor of Canada for a
copy of the list of articles usually allowed to discharged soldiers
who were disposed to .settle in the Canadas, and since his return
to England he received from Quebec a schedule of these allow-
ances, a copy of which he recently forwarded to Captain Bulger
l)ut in case its not having reached him, a copy is also herewith
sent to Captain Pelly.

An application was made in 1822 hy Mr. Logan, Mr.
McDonell and Mr. Pritchard of the Red River Settlement who
proposed to undertake to keep a store in the Colony for pro-
viding articles for the use of the settlers. The subject was
referred to the Trustees of Lord Selkirk who on account of the
new plan of obtaining articles from the Hudson's Bay Com-
pany, do not wish that Captain Pelly should enter into any
measure such as that proposed by the gentlemen alluded to.

The minute made by Mr. Halkett 16 July 1822, respecting
the lot of la^nd claimed by Captain Matthey and Mr. McDonell
has been confirmed by the Exrs. and Mr. Pelly W7ill get the
boundaries fixed and give Captn. Matthey a title, accordingly.
He will also give Capt. Matthey a title to the township promised
to him by Lord Selkirk, and the letter from Ld. S. which Capt.
Matthey will produce will explain the situation. It will be
necessary for the Surveyor to fix the boundaries in a distinct
manner.

Mr. Dd. Hoerner's debt for their passage out of himself and
family to be remitted to him agreeable to his application in his
letter to Mr. Halkett of 18 July. 1822.

Additional memorandum for Mr. Pelly.

Mr. Cuddle will remain another year as surgeon at Red
River if he accepts the terms offered to him, vizt : one hundred
and. fifty pounds p. an. salary and an allowance of £50
for his board and lodging — to find his own medicines and have
the benefit of his practice — it being understood that he is to
attend to the poor who cannot pay him.

Mr. Kemp, Surveyor, Salary £150 from 1 June, 1823, and
certain allowance p. his agreement for surveys, to have the land
promised to him at Hayfield farm with the buildings there and
the option of buying such part of the live stock now on the farm

254 CANADIAN AECHIVES

as he wants, reserving a sufficiency for Govr. Felly's own f arm.

Mr. Henderson now Clerk and Keeper of the registers may
be retained for another year at his present salary of £100
and Mr. Pelly will at the expiration of the year be able to
determine whether it will be necessary to keep him or if Mr.-
Kemp would be able to do these duties as well as to act as sur-
veyor.

Mitchell, Millwright. — See his agreement — when the mill
is erected some reasonable bargain may be made with him to
rent the mill and to be bound to keep it in good order.

Christie, Blacksmith, as p. agreement.

Tully Blacksmith, may be retained another year.

McDonald, Carpenter, Do.

Mitchell, Gardener, Do, but perhaps Mr. Pelly May find
this man a useful person to manage his own farm in which
case he may hire him, as there is no object in keeping him on-
the establishment.

Mr. Pelly will take for his own use such of the cattle or
other live stock belonging to Lord Selkirk's Estate as he may
require, leaving a reasonable proportion for Mr. Kempt, the
remainder may be .sold to settlers who can pay for them or dis-
tributed among the most deserving settlers on credit according-
to what may appear most proper under the circumstance.

All the other people on salaries ought to be discharged but
Mr. Pelly will consider himself authorized to continue such as
he may find to be absolutely necessary, keeping in mind that
it is the wish of the Trustees to reduce expences as much as-
possible.

Power of Attorney issued by Selkirk's Executors to George
Simpson and Robert Parker Pelly, May 19,

KNOW all men by these presents that we, Sir James Mont-
gomery of Stanhope in the County of Peebles in Scotland,
Baronet, present Knight of the Shire for the said County;
Adam Maitland of Dundvennan in the County of Kirkcud-
bright in Scotland, Esquire, Andrew Colvile of Ochiltree and
Cromie in the County of Fife in Scotland and of Leadenhall
Street in the City of London, Esquire and John Halkett form-
erly of Seymour Place in the Parish of St. George's Hanover
Square within the liberties of Westminster now of the town of

1 Dominion Archives. Selkirk Papers, XXV, 7868.

PIONEER LEGISLATION 255

Brighthelmstone in the County of Sussex, Esq., considering that,
Whereas the deceased Thomas Earl of Selkirk by his last Will
and Testament duly proved in the Perogative Court of Canter-
bury and duly registered in the Register Books kept at the
settlement on Red, River in the District of Ossiniboia in the
Territories of the Company of Adventurers of England trading
into Hudson's Bay, did authorize and direct us the accepting
a-nd surviving acting Trustees under his said last Will and
Testament (the other persons therein named having refused to
accept and having renounced the said Trust by Deed recorded
in the said Register Books) to sell and dispose of the whole or
any part of the said District of Ossiniboia granted to the said
Thomas Earl of Selkirk his Heirs and Assigns by the said Com-
pany of Adventurers trading into Hudson's Bay, and it being
necessary that proper persons should be appointed in the said
District called Ossiniboia for such purposes of Sale.

Therefore, we the said Sir James Montgomery, Bt.,
Adam Maitland, Andrew Colville and John Halkett, have
made, constituted and appointed, and by these presents do
make, constitute and appoint George Simpson, Esq : one of
the Governors appointed by the said Governor and Company
of Adventurers trading into Hudson's Bay for their Territories
called Rupert's Land of which the said District called Ossini-
boia granted by them to the said Thomas, Earl of Selkirk,
formed a part, and Robert Parker Pelly, Esqr., Governor of
the said District called Ossiniboia, our true and lawful Attor-
neys— hereby granting and committing to them jointly full
power and authority for Us and in Our names to treat with
any Person or Persons for the selling or disposing of any part
of the Lands of the said District of Ossiniboia, acquired by the
said Thomas, Earl of Selkirk from the said Governor and Com-
pany of Adventurers trading into Hudson's Bay at such price
or prices to be paid at such time or times as may be agreed upon
by and between the said George Simpson and Robt: Parker
Pelly and any person or persons willing to make any such pur-
chases, and upon such conditions and subject to such covenants
as the 'said George Simpson and Robert Parker Pelly may think
fit in that behalf and to do every act matter or thing necessary
for completing such purchases or for completing any agreement
that may have been made by the said Thomas Earl of Selkirk
for the granting or selling any part of the Land in the said
District called Ossiniboia previous to his death or that may
have since been made and for that purpose, for Us and in Our

256

CANADIAN ARCHIVES

names to Sign, Seal and Deliver any Demise Assignment, Con-
veyance or Assurance that may be necessary to any person or
persons that may have agreed to purchase upon any Contract
or Agreement for the purchase of any part of the said Land in
the said District called Ossiniboia that may have been made
during the life time of the said Thomas Earl of Selkirk or that
may have been made since his death or any demise, assignment,
conveyance or assurance that may be necessary for the complet-
ing any agreement fo rthe sale and purchase of any part of
the Land in the said District that may be made by or with the
said George Simpson and Robert Parker Pelly and to receive
the price or consideration agreed to be paid or given for, or in
respect of any such sale and purchase and to ask, demand, sue
for and recover the same and all rents, monies or other things
whatsoever agreed for, due or payable for or in respect of the
Premises and also to ask, demand, sue for and recover of and
from every Person and all Persons whatsoever every sum and
all sums of money which was or were due to the said Thomas
Earl of Selkirk in the said District called Ossiniboia at the time
of his death or that has or have since become due or that shall
hereafter become due, for, or, in respect of .any part of his
Estate situated there and on receipt of such monies or other
things to grant for Us and in Our names sufficient discharges
and acquittances which shall be equally good as if granted by
Us.

In Witness whereof these presents signed and sealed by Us
this 19 day of May in the year of our Lord 1823.

Signed, sealed and delivered by the
said Sir Jas. Montgomery (being
first duly stamped) in the presence
of Peter Macarter, Butler at Stobo
Castle, Mark Hislop, Servant at
Stobo Castle.

(Signed)

James Montgomery.

Signed, &c., Adam Maitland in the
presence of John Thompson, M.D.,
of Edinburgh Physician; Jas. T.
Smith, of Edinburgh, Bookseller.

^ (Signed)

Adam Maitland.

PIONEER LEGISLATION 257

Signed, &c., by Andrew Colvile, and
John Halkett in the presence of
Wm. Smith, Sec'y to the Hudson's
Bay Company.

Edw. Koberts, Acc't to the
Husdon's Bay Company.

(Signed)

A. Colvile.
(Signed)
J. Halkett.

3. Extract of letter from George Simpson to A. Colvile,
Sept. 8, 1823.™

Mi. Pelly I find is empowered to raise a corps of militia;
that cannot safely be attempted at the outset, altho' to-
wards spring I think it may be turned into effect, and I would
beg to recommend that no pay be given "to any one of that body,
as if it is given to some it must be given to all ; but on our
first arrival I consider it necessary to establish a police upon
some regular system; that all the gentlemen or principal in-
habitants should enrol themselves as special constables whether
members of Council or otherwise (the Govrs of course excepted)
and that about twenty of the best disposed, powerful, de-
termined men be sworn in regular constables, and be paid
when employed. By this means we can easily detect any plots
that may be forming and have a force at hand for the purpose
of quieting them. If it could be so arranged that a fund be
raised among the inhabitants for the payment of those men it
would be desirable but if not to be begin with I think it would
be money well laid out by the Executors.

The Councils in my opinion ought to sit at Fort Douglas re-
gularly, at stated times and the more form that is observed
the greater weight it will have, but I think it would be well to
add the Chief Factor of the District for the time being and the
Catholic Bishop to the List of Councillors, particularly the lat-
ter as Mr. Jones's name is included; otherwise the distinc-
tion may excite jealously. I think it is better that I should not
attend the Council at all because when present it would be
necessary for me to preside which must in some degree affect
the consequence of Mr. Pelly in the eyes of the lower classes.
In order to command due respect he must on all occasions be
the great man and head of the Colony and as such I shall al-
ways treat him.

1 Dominion Archives. Selkirk Papers, XXV, 8014, seq.

28159—17

258 CANADIAN ARCHIVES

4. Extract of letter from George Simpson to A. Colvile,
Nov. 1, 1823.™

We have up to this period had two regular councils, besides
a private meeting of the Gentlemen of the Council and after
mature deliberation' we considered it expedient to form a
strong police consisting of Mr. McKenzie as High Constable
and about fifty special constables who do the duty gratuitous-
ly, twenty regular or petty constables and two bailiffs. All set-
tlers receiving grants are moreover bound by oath to assist in
maintaining the peace and good government of the Settlement
which is made an express condition in their titles.

5.. Extract of letter from George Simpson to A. Colvile,
May 31, 182^

I cannot however allow that any merit is due, either to the
Gentlemen of the Council or any portion of the settlers for the
present calm, but alone to the good conduct and firmness of the
Coy's servants under our own direction. On the con-
trary such is the feeling against the Compy that I believe it
would have been a satisfaction to the majority of the inhabit-
ants had the evils we apprehended taken place.

Our councils are really worse than nothing. McDonell is
disaffected and the bitterest enemy to the Executors in this
place; Thomas is timid and weak' as a child, Cook is like
Thomas, but drunken and without either body or mind, Prit-
chard is froth ; Matthey is discontented and designing, wishes
to be popular among his countrymen and hostile to the Com-
pany and Executors; Logan has been associated with McDon-
ell in his speculations while in power, indeed they are noth-
ing more or less in my opinion than a pair of thieves and stick
to each other like wax, and Mr. Jones altho' well dispos-
ed wants experience, in short there is not one man among
them who has any pretension to the title he bears, they have
no public spirit nor general view towards the welfare and good
government of the place but are entirely influenced and pctn-

ated by self in every thought word and action Some

members of the Council more sapient in their own estimation
than other people, have been inclined to dispute our authority
and would argue points which have puzzled the most eminent

1 Dominion Archives. Selkirk Papers, XXV, 8073

* Dominion Archives. Selkirk Papers, XXVI-XXVII, 8221.

PIONEER LEGISLATION 259

lawyers in England, vizt : — our power to administer oaths and
justice. They would even question the validity of the Charter
and contend that without a regular Commission from the King
in Council or the Courts of Canada we had no right to act. . . .

His Lordship it appears at one time gave his consent that
some of the settlers should be allowed to distil spirits and they
have not only reminded us of this promise but insisted on com-
mencing operations. And this demand is not confined to the
lower orders but has been taken up by the Gentlemen of the
Council, headed by McDonell who shews his Lordship's
authority. But we have firmly opposed it knowing the dan-
gerous consequences that would follow us. If distillation is
once commenced, it will not be safe to live in this Settlement.

The title deeds do not give satisfaction and indeed there is
a general outcry against them which has risen from the re-
marks of our very Councillors. And even Thomas, Bird and
Cook who have received large grants for nothing, the two for-
mer 1,000 acres each and the latter 500» and also McDonell
who has 2,000 acres object to signing them and say that they

should consider themselves slaves if they did

(1)Govr. Pelly and I have turned our attention very much
tr> the formation of schools but as yet to little or no purpose.
You will receive herewith copy of a circular and prospectus of
a school for the instruction of females under the charge of Miss
Allez, which I think is likely to take, and in that case will cir-
culate some money in the Colony and may possibly attach or
reconcile some of our Chief Factors, Traders and Officers there-
to. The only boy's school we have is one kept by Harbridge
sent out by the Church Missionary Society, but the fellow is
quite unfit for his situation, stupid, ignorant, consequential and
illiterate. Some of our halfbreed boys in the Colony can teach
him instead of their receiving instruction from him. If a fit
man can be had next season from among the CD'S clerks,
we expect to establish a boys school under the auspices of our
York Council, which would be benefical to themselves and like-
wise to the Settlement

(2)By the 'Minutes of the Council you will observe that we have
iiad Grant on the Carpet in reference to past affairs. A pre-
nieditated and unprovoked assault was made on him while in
the discharge of his duties as a clerk to the Coy, by some of

1 Dominion Archives. Selkirk Papers, XXVI-XXVlf, 8245, seq.

2 Dominion Archives. Selkirk Bapers, XXVI-XXVII, 8262, seq.

28159— 17*

260 CANADIAN ARCHIVES

the Scotch settlers which Govr. Pelly and myself took up very
warmly from a glaring interest which some of the Council
took therein and fearing that it might lead to serious con-
sequences. After a long and impartial investigation Grant's
charge was fully and clearly substantiated and the aggressors
were punished by a light fine, but at the close of the proceed-
ings McDonell could not conceal with all his duplicity and cun-
ning the highly improper and indecorous part he took in the
affair and nearly suffocated with rage (which he could not sup-
press) asserted that Grant was brought to Fort Garry merely to
alarm and hurt the feelings of the settlers and that he would
"represent the matter at home."

6. Public Notice regarding Title deeds, Jan. 20th, 1825.(l}

Notice is hereby given,that the Colony register is now pre-
pared: for entry of Title-deeds for land. Those of the settlers
who have received titles, will bring them for examination and
registry the first time they visit the Fort; and those who have
as yet received no titles, may have them on application to the
Governor at new Fort Douglas.
By order of the Governor.

GEA1STT FORREST,

Accountant.

Fort Douglas, 20th January, 1825.

(/.) DONALD MCKENZIE.

1. Letter from George Simpson to William Kempt, July 9th,

1823.™

YORK FACTORY, 9th July, 1823.
Kempt, Esqr.,

RED RIVER SETTLEMENT,

Dear Sir,—

I beg to leave to introduce to your acquaintance the bearer
of this, Mr. Don'd McKenzie, Chief Factor, who proceeds to
Red River for the purpose of superintending the Company's
affairs at Fort Garry, and who I have to request the favour of

1 Martin : Hudson's Bay Company's Land Tenures, p. 33.
'Dominion Archives. Selkirk Papers, XXV, 7915,

PIONEER LEGISLATION 201

your consulting or advising with on all matters of importance
connected with the business of the Settlement.

I remain

Dear Sir,

Your most obt. hble. serv't.
(Signed) GEORGE SIMPSON.

2.. Letter from Donald McKenzie to A. Colvile, 1826.(1)

Eed Kiver, Aug. 1826.
A. COLVILE, Esqr.

Dear Sir: —

I have to acknowledge the honour of receiving your most
esteemed favour by the hands of Governor Simpson and offer
my cordial thanks for all the kindness you are pleased to ex-
press throughout as well as the confidence which you repose-
bv entrusting me with the charge of the Settlement. My best
endeavours shall certainly be exerted to render every satis-
faction in return but strict attention and good faith with the
merit of following my instructions are the only qualities I have
to recommend me for the discharge of such a trust. The
Governor will doubtless report the state of things here, and the
unusual calamities which happened in course of the foregoing-
season. A repetition on my part might .be unpleasant.
Therefore I take the liberty of referring chiefly to him in this
instance. Nothing important took place since he left us, ex-
cepting the contemplated departure of Swiss and Meurons with
some Canadians who like them preferred to quit the country,
than submit to the labour of re-establishing their farms. The
two former to the number of 50 bent their course to the States
and of the latter 25 embarked for the Canadas making a total
oi; 180, big and small. This however was a consummation
much to be desired. They mostly were composed of idle and
turbulent characters who infested the Colony for several years.
In consequence we now look forward to a more peaceable system
of things. The waters rose by a gradual ascent for 22 days.
They were somewhat longer abating. The industrious among
the people who are Scotch and Orkney men returned to
the possession of their houseless lands. They soon replaced

1 Dominion Archives. Selkirk Papers, XXVI-XXVII, 8451, seq.

262 CANADIAN ARCHIVES

many of the inroads caused by the flood and such was the in-
creased fertility of the soil that crops in general sprouted above
the surface in three days. But this fatness and the subsequent
heats have engendered a sort of worm that proves destructive to
the tender growths of the season. These accidents invariably
deranged a number of the original divisions. Grounds which
were allotted for the maintenance of one family who went away
had often fallen into the hands of another arriving or may be
was interchanged to alleviate distress. Every measure taken to
prevent the confusion has proved hitherto of little avail. At
this moment in particular it creates a source of much dispute
but matters of this nature will get properly reconciled after a
while when we are better settled. In consequence of the water,
the low grounds remain uncultivated for the present. Many
cf the people, principally Canadians and Brules prepare for
hunting in expectation of recovering their lots next spring, nor
are the people in general fixed exactly in their places, because
they planted spontaneously in spring wherever the river was
first observed to subside. For this reason no statistical account
is made out as had been customary, anything of the kind would
be very unanswerable to the object in view.

Our fort being situated at the junction of both rivers it has
been subject to great dilapidation, more especially the side
belonging to the Company. The main body of the Colony build-
ings stood out the pressure but the stockades and various parts
and implements quite indispensable to a place of the kind, have
either been smashed in pieces or carried away by the stream.
However between the buildings of both enough can be repaired
for our purpose without material expence. Mr. Bourke has
been discharged. William Tait the man who assisted him went
home. They can both be done without, and so far indeed is the
business of Company and Colony simplified now that Mr. Heron
and a couple of Canadians form our complement for the sum-
mer. In course of the autumn I shall expect Mr. Hargraves
who used to keep our books or else Mr. Finlayson who is a com-
petent accountant, also in his place. I shall not trouble you
with explications on the score of accounts, trusting always they
will be found to explain themselves, but I request your atten-
tion to one point which is the expence of Governor Felly's estab-
lishment being including to the date of his embarking on board
of ship and the due fulfillment of all his contracts, as also the
Mill and Mitchell, other servants (forn)will please to draw line

PIONEER LEGISLATION 263

between these (torn) and the costs actually incurred by me
during (torn) remainder of the year. The contract I should
hope will be striking and satisfying as regards the course of such
matters most commonly from Eed Kiver. The difficulties and
casualties of the past year have surpassed those of any that
precede. They were such as I hope never to experience again
and the next time 1 have the pleasure of addressing you let us-
trust the subject will be more agreeable and interesting. With
high consideration,

I am, Dear Sir,

Your, most devoted Servant,

DONALD McKENZIE.

P.S. — Two Swiss and three Meurons have resolved on
going off by the ship but they are not likely to trouble you 011
any subject.

A. COLVILE, Esquire,

Hudson's Bay House,

Fenchurch St., London.

(3.) Proceedings of a Council held at Fort Garry on Friday
the 4th day of May, 18S2.(1)

Present

George Simpson, Esqre., Governor of Rupert's Land, President.
Donald McKenzie, Esqre., Governor of Assiniboia.
James Sutherland, Esqre., Councillor.
James Pritchard, Esqre., Councillor.
Robert Logan, Esqre., Councillor.

The great injury done to the Woods of the Settlement by
fire and the serious danger and loss occasioned annually by that
devouring element, arising from the wilfulness of some ill-dis-
posed persons, and the negligence of others, render it absolutely
necessary, foj* the protection of Jives and property, that salu-
tary Regulations should be formed with a view to check this
evil, and that severe pains and penalties should be inflicted on
all persons who may violate such Regulations. It is therefore

1 The first Minute Book of the Council of Assiniboia (Dominion
Archives, M. 721) begins at this point. It ends on March 5, 1861.

264 CANADIAN ARCHIVES

Resolved 1st. That in all cases where it can be proved that
the proprietor or occupant of Land lights a> fire, between the
1st of March and the 1st of December, for any purpose what-
soever, at a distance exceeding fifty yards from his house even
upon his own lands, he be fined in the sum of ten pounds, which
will be levied forthwith by the sale of the partie's effects if
necessary, one half of which fine shall be paid over to the in-
formant and the other half retained in the hands of the Coun-
cil, as a fund to meet such objects as they may hereafter be
desirous of carrying into effect connected with the welfare
and prosperity of the Settlement.

Resolved 2nd. That, in all cases where it can be proved that
any person lights a fire between the 1st of March and the 1st of
December, either in the woods or plains beyond the boundary
of his own property or farm, within ten miles of the banks of
the river on either side whether it be productive of any injury
or not, he be fined in the sum of ten pounds, to be levied as
stated in the foregoing Resolution and to be disposed of in like
manner, except in cases where such fires may have been lighted
through absolute necessity, of which the Council alone (shall)
be competent Judges and, if the party so transgressing be des-
titute of means to pay the fine, he be banished from the Settle-
ment and subjected to hard labour, and the produce thereof be
applied to the liquidation of the fine.

Another very serious evil exists in all parts of the Settlement
from pigs being allowed to range at large beyond the limits of
the ground occupied by the parties to whom they belong, rooting
up the young timber, and doing a vast deal of injury to the
public. In order to check this evil, i* is

Resolved 3rd. That all persons be at liberty to seize any
pigs they may find trespassing on their lands, whether those
lands be fenced or unfenced, to retain possession of such pigs
until the parties to whom they belong pay the sum of two
shillings to the proprietor of the ground on which such pigs
are found for every such trespass, and unless that sum be paid
within eight days after such pigs may have been seized the
parties be at liberty to sell them after giving eight further days
notice to six constables that such pigs are in pound; and that
all constables be hereby authorized to seize any un-ringed pigs
they may find straying after the 10th of May, beyond the bound-
aries of the property occupied by the parties to whom such pigs

PIONEER LEGISLATION 265

belong, and to retain them for their own benefit, as a perquisite
of office.

Another evil arises from stallions being allowed to range
at large over the Settlement to the great danger of life and an-
noyance of the public, which it likewise becomes absolutely
necessary to check ; It is therefore

Resolved 4th. That all constables be enjoined, and all per-
sons be authorized to seize and pound any stallions they may
find straying in any part of the Settlement, and to hold them in
safe keeping until the proprietors liberate them by payment of
the sum of twenty shillings to the party seizing them, which
he shall be at liberty to apply to his own use as a recompence
for his trouble and loss of time in taking them, and if not liber-
ated by the payment of that sum within fourteen days after
notice shall have been given to six constables that such stallions
are in pound, the parties seizing them be authorized to have
them cut, by persons accustomed to such operations, at the risk
of the proprietor, and be at liberty to use them in labour as if
their own property, until liberated by payment of the fine.

Resolved 5th. That all occupants of land be held liable to
give three days labour at any time when called upon before the
1st of September towards the improvement of roads and
bridges unless they commute the same by the payment of three
shillings in money for that object, into the hands of the Gov-
ernor of Assiniboia, before the 1st of July.

Resolved 6th. That public fairs shall hereafter be held
annually on Frog Plain, on the 1st Monday after the 20th
September, and on the 1st Monday after the 20th of May en-
suing.

In order to check the felonious practice of taking horses
away from their grazing without the consent of the owners,
and riding or driving them in harness to a distance It is

Resolved 7th. That for every such offence the culprit be
fined in the sum of ten pounds to be paid over forthwith to the
party whose horse has been so stolen, and in case the culprit
have not the means of paying the fine, he be kept at hard labour
for two months at public works without any remuneration for
his services.

GEORGE SIMPSON.
JAS. SUTHERLAND.
R. LOGAK

266 CANADIAN ARCHIVES

2, THE COMPANY PERIOD.

Minutes of a Council held at Fort Garry for Red River
Settlement, District of Assinib6ia, Rupert's Land, on Thursday
the 12th day of February, 1835, at which were present:
George Simpson, Esq., Governor of Rupert's Land, President.

The Revd. D. T. Jones, Councillor.

The Revd. Wm. Cockran, "

JJames Bird, Esqre., "

James Sutherland, Esqre., "

William H. Cook, Esqre.,

Robert Logan, Esqre.,

John Pritchard, Esqre.,

John Charles, Esqre., " of Rupert's Land.

Alexander Christie, Esqre., " " "

And by Invitation.

The Revd. The Bishop of Juliopolis.

Donald Ross, Esquire C. Trader Honble. H. B. Coy. Service.

Alexander Ross, Esquire, Sheriff of Assiniboia.

John Bunn, Esquire, M.D., Assiniboia.

Andrew McDermot, Esquire, Settler & Merchant, Assiniboia.

Resolved That the Right Revd, The Bishop of Juliopolis,
Donald Ross, Alexander Ross, John Bunn and Andrew McDer-
mot, Esquires, be invited to attend, and requested to assist with
their advice in its deliberations.

Governor Simpson, after a few preliminary observations,
then read the following* prefatory address to the Gentlemen of
the Council.
GENTLEMEN : —

In order to guard as much as possible against misapprehen-
sion within doors or misrepresentation out of doors on the sub-
jects which I am now about to bring under your consideration, I
shall thus briefly notice them. From their importance they
cannot fail of calling forth due attention and from the deep and
lively interest you all feel in the welfare and prosperity of the
Colony, I am satisfied that you will afford me the benefit of
your assistance and support towards carrying into effect such
measures as may appear to you best calculated under existing
circumstances to answer every desirable object.

PIONEER LEGISLATION 267

The population of this Colony is become so great, amounting
to about 5,000 souls, (1) that the personal influence of the Gov-
ernor and Council, and the little more than .nominal support
afforded by the Police, which, together with the good feeling of
the public, have heretofore been its principal safeguard, are no
longer sufficient to maintain the tranquillity and good govern-
ment of the Settlement, so that although rights of property have
of late been frequently invaded and other serious offences been
.committed, (2) I am concerned to say we are under the neces-
sity of allowing them to pass unnoticed because we really have
not the means at command of enforcing obedience and due
respect to the law.

Under such circumstances, it must be evident to one and all
of you that it is quite impossible society can be held together,
that the time is at length arrived when it becomes necessary to
put the administration of Justice on a more firm and regular
footing than heretofore, and that immediate steps ought to be
taken to guard against dangers from abroad or difficulties at
home, for the maintenance of good order and tranquillity, and
for the security and protection of lives and property. Towards
these important ends I therefore beg to propose the following
Resolutions, which I trust will receive your favourable con-
sideration.

In order to raise funds for defraying such expenses as it
may be found necessary to incur towards the maintenance of
tranquillity and enforcing due respect and obedience to the laws,
rules and regulations which are at present in existence, (3) or
which may be hereafter framed for the good government of the
Settlement, it is

Resolved 1st. That an import duty be levied at York on all
goods, stores and merchandize of foreign produce or manufac-
ture, which may be forwarded to Red River, either .for sale or

1 This estimate is too high according to Census Books that have sur-
vived, the actual population was,- for 1831, 2,417; 1832, 2,751; 1833, 2,982;
1834, 3,360; 1835, 3,679; 1838, 3,972; 1840, 4,369.

2 This undoubtedly refers to troubles over the price of pemmican and
nn attack made by the explorer, Thomas Simpson, on the half-breed
Larocque.

8 Such for instance -as those relating to the tenure of land (See Bulger
Papers M. 151, p. 461) including regulations concerning spirituous liquors,
trading goods, the Fur Trade, repairing public roads, supporting clergy-
men, defending the settlement. All of these are contained in the con-
ditions for settlers by November 3, 1823. Among other regulations are
those adopted by the Council on May 4, 1832 relating to fires, pigs and
stallions allowed to range at large, statute labour for improvement of
roads and repairing of bridges, public fairs, and driving of horses.

268 CANADIAN ARCHIVES

private use, (except made up clothes, books or other private
personal baggage in use) of 7-J p. cent on the amount of invoice,
the Gentleman in charge of York factory taking payment of the
same forthwith, or such guarantee or security for the due pay-
ment thereof as he may consider necessary for the protection
of the Fur Trade, which will have to account for or pay over
the said duty on the arrival of the Goods at Red River, to a
Receiver to be hereafter appointed, but as it may this year be
inconvenient for the Importers to exhibit their invoices for the
consignment of next season, 1835, that the duties of that im-
portation be collected by the Receiver after the arrival of the
goods at Red River, to -whom each importer must exhibit his
invoice, and pay duty on the amount previous to delivery of
the goods, and that a like duty of 7i p. cent shall be levied on
all country produce that may be brought by the Fur Trade to
the Settlement for sale; likewise on all goods that may be
brought from Canada or elsewhere for sale or private use except
personal baggage, such as clothes, books, etc., in use, and fur-
ther that a duty of 7i p. cent be levied on all goods, stores or
supplies, the growth, produce or manufacture of the Settlement,
to be paid by the exporters.

Resolved 2nd. That a public building, intended to answer
the double purpose of Court house and Gaol agreeably to a plan
to be prepared by the Board of Works, be erected as early as
possible within the walls of the New Establishment of Fort
Garry about to be formed at the Fork of the Red and Assini-
boine Rivers, the expense whereof to be defrayed out of the
duties to be collected from time to time on goods that may be
imported into Red River.

Resolved 3rd. That James Bird, Esquire, be appointed
Receiver of Import and Export Duties, and be required to
keep an account Book of all receipts and payments which he
will have to lay before the Governor and Council and the Com-
mittee for the management of Public Works, from time to time,
as he may be required so to do, and that no monies be paid away
by him without a warrant or order in writing(1) signed by at
least three Members of the Board of Public Works, one of whom
must either be the Chairman or Deputy Chairman.

Resolved 4th. That a Committee for the management of
Public Works be formed consisting of 5 members, say the prin-

1 Some of these warrants or orders of a later date have been preserved
in the Manitoba Provincial Library among Documents relating to the
Council of Assiniboia.

PIONEER LEGISLATION 269

cipal representative for the time being of the Ponourable Com-
pany at Red River, Robert Logan, Esquire, Alexander Ross,
Esquire, John Bunn, Esquire, and Andrew McDermot,
Esquire, and that the principal Representative of the Honour-
able Company at Red River be Chairman and Robert Logan,
Esquire, Deputy Chairman of the said Committee, and that
three Members, including either the Chairman or Deputy Chair-
man, constitute a Board for the dispatch of business.

Governor Simpson having intimated that the Fur Trade
have been pleased to make a grant of £300 in aid of Public
Works; It is

Resolved 5th. That a vote of thanks be returned to the
Governor and Council of Rupert's Land, for liberal grant of
£300 which they have thus been pleased to make in aid of
Public Works.

The present Police Establishment being considered insuffi-
cient for the maintenance of the Peace of the Settlement; It is

Resolved 6th. That the said Police Establishment be dis-
charged or disbanded from and after the 1st of April next and
that a more efficient and disposable force be embodied to be
styled a Volunteer Corps whose duties shall commence from and
after the said 1st of April next.

Resolved 7th. That the said Volunteer Corps shall amount
to 60 Officers and Privates, consisting of one Commanding
Officer, one Serjeant-Major, 4 Serjeants and 54 Privates whose
pay amounting to about £400 p. annum shall be defrayed from
the Revenue arising on Imports and Exports, and who shall
receive additional pay when employed as Constables in private
cases, and whose public duties shall be hereafter defined.

Governor Simpson on behalf of the Governor and Council
of Ruperts Land, having intimated the allowance of £100
heretofore afforded for the maintenance of the Police Establish-
ment, shall be continued and made applicable towards the
expences of the Military Corps; It is

Resolved 8th, — That a vote of thanks be returned to the
Governor and Council of Rupert's Land for the liberality thus
manifested.

The Colony is now become of such extent that it is found
inconvenient to examine into all the cases of dispute and diffi-
culty that occur from one extremity thereof to the other, by
one Magistrate as heretofore, or at any one given point, It is
therefore

270 CANADIAN ARCHIVES

Resolved 9th, — (1)Tliat from and after the 1st of May next
the Settlement be divided into four Districts, the 1st District
to extend from the Image Plain downwards, the 2nd District
from the Image Plain to the Forks, including the Banks of the
Assiniboine below Sturgeon Creek, the 3rd District from the
Forks upwards on the main River, and the 4th the White Horse
Plain, (2) for each of which Districts a Magistrate or Justice of
Peace be appointed, who shall attend at places to be hereinafter
determined for the purpose of hearing and deciding on cases
of petty offence, and of debts under 40/ that may be brought
before them, for the 1st District on the 1st Monday of every
quarter, for the 2nd on the 2nc" Monday of every quarter, for
the 3rd on the 3rd Monday of every quarter, and for the 4th
on the 4th Monday of every quarter; that two Constables in
rotation in the order in which they stand on the list of each
division shall be in attendance and subject to the orders of the
Magistrates on such days, and that a general Court of the
Governor and Council shall be held at the Governor's residence
on the last Thursdiay of everv quarter, (3) at which the said
Magistrate shall attend, when cases of a more serious nature,
cases of debt exceeding 40/, and all appeal cases from the deci-
sion of the Justices of Peace, shall be examined into, such
Court to be adjourned from day to day until all the cases in
hand be disposed of, and as a check on frivolous and vexatious
litigation, that the prosecutor shall pay into Court a fee of 3/
before any warrant be issued, and in cases of appeal from the
Justice of Peace Court to the Court of the Governor and Coun-
cil, a fee of 5/ be paid into Court by the appealant, these fees
to be paid into the hands of the Receiver of duties, to be paid
in like manner as all other public funds, agreeably to the
warrant of the Committee for the management of Public
Works ; and that James Bird, Esquire, be appointed Justice of
Peace for the 1st District, James Sutherland, Esquire, be ap-
pointed Justice of Peace for the 2nd District, Robert Logan,
Esquire, be appointed Justice of Peace for the 3rd District, and

1 The Manitoba Provincial Library possesses among Documents relat-
ing to the Council of Assiniboia, Document No. 1, " Notes by Sir Geo.
Simpson when laying out the Colony into Petty Court Districts, 1835."
This is evidently wrongly named. The handwriting is quite unlike that
of Sir George Simpson. " It really belongs to 1850.

aThe Half-breeds had settled at White Horse Plain some 20 miles
up the Assiniboine.

* Three volumes of General Quarterly Court Records are found in the
Manitoba Provincial Library, Winnipeg. The earliest record, however,
is that of November 21. 1844.

PIONEER LEGISLATION , 271

Cuthbert Grant, Esquire, be appointed Justice of Peace for 4th
District.

Eesolved 10th. That the Volunteer Corps of 60 Officers
and men, shall consist of

1 Commanding Officer
1 Serjeant Major
4: Serjeants
54 Privates

To be paid as follows Vizt.

1 Commanding Officer @ £20 p. annum £ 20

1 Serjeant Major @ 12 " 12

4 Serjeants @ 10 " 40

54 Privates (a) 6 " 324

£ 396

who will have to serve 28 days in every year_for the above pay
but not exceeding 7 successive days and nights at a time, and
when employed on weekly duty not to absent themselves from
their posts, duties or encampments, without special permission
first asked and obtained from the Commanding Officer, and
when so employed to be allowed 6d per diem in lieu of rations
that their duties be understood to comprehend drill, parade, re-
view and guard, likewise offensive and defensive service con-
nected with the protection, defence and tranquillity of the
Settlement, and in supporting and enforcing such laws, rules
and regulations, as are now in existence, or may be framed from
time to time for its good government by the said Governor and
Council. That the Serjeants and Privates be not required to
serve more than 28 days in the year for the above pay, although
bound to serve whenever they may be called upon by the Com-
manding Officer at the following wages, say for the Serjeants
4/ per diem, and for the Privates 3/ p. diem besides 6d per
diem in lieu of rations, but that no additional allowance be
made to the Commanding Officer, beyond the annual payment
of £20, even should the duties of his office exceed 28 days ser-
vice. That the Serjeants and Privates be bound to act as Con-
stables and Peace Officers in the serving of warrants, appre-
hension of persons &c. in cases of debt or private complaint,
when they shall be paid in like manner, at the cost of private
prosecutors or defendants. That no Serjeant or Private be at
libertv to absent himself from the Settlement exceeding 6 davs

272 CANADIAN ARCHIVES

at a time, even when off duty and that only by the consent in
writing of the Commanding Officer, and that not exceeding one-
third of the whole corps be permitted to absent themselves ex-
ceeding a fortnight at a time from the Settlement except by per-
mission of the Governor and Council and even in that case to
provide substitutes to act for them in their absence, who must
be approved by the Governor and Council.

Resolved llth. That the enlistment shall be on oath, after
the following form before a Magistrate and Clergyman for a
term of three years, during which time it will not be competent
to any Officer or Private to withdraw from the Corps, although
it shall be competent to the Governor and Council to disband
the Corps, or discharge any of its members at pleasure. That
the members of the Corps be amenable to such laws, rules, and
regulations as may now be in existence or be from time to time
framed for the good government of the Settlement at large, in
like manner as other inhabitants but that all cases of insub-
ordination, breach of duty or discipline, be examined into by the
Governor and Council, and be punishable according to the char-
acter of 'the offence. In short that everything connected with
the good order or discipline of the Corps, be as much as possible
in unison with and conformable to the practice and usages con-
nected with such service in the British Army.

Form of Enlistment Oath.

You, A. B. Voluntarily Swear and Engage that you shall
well and truly serve our Sovereign Lord the King and the
Governor and Council of the District of Assiniboia, in the
double office or capacity of private in a Volunteer Corps about
to be embodied in Eed River Settlement to be styled the Red
River Volunteers and Peace Officer in the said Settlement of
Red River, District of Assiniboia, Rupert's Land for a term
of three years, from and after the 1st of April, 1835, if so
long required by the said Governor and Council and shall well
and truly serve the said double office of private in the Volun-
teer Corps and Peace Officer until lawfully discharged there-
from.

You likewise swear and engage that you shall alwavs hold
yourself in readiness during the existence of this engagement,
to well and truly serve our Sovereign Lord the King and the
Governor and Council of the District of Assiniboia, in any of-
fensive or defensive service connected with the protection to de-

PIONEER LEGISLATION 273

fense and tranquillity of the Settlement, and in supporting and
enforcing such laws, rules, and regulations as are now in exis-
tence, or may be framed from time to time for its good gover-
ment by the said Governor and Council, and further that you
shall act in obedience to any rules and regulations that may be
framed for the government and discipline of the .said Corps and
conformably to the true spirit, meaning and intention of the
10th, llth, 12th, and 13th Resolutions of the Governor and
Council of Red River Settlement passed at Fort Garry on
Thursday the 12th of February 1835.

Sworn before me at I A. B.

this day of 183 f Magistrate.

Resolved 12th. That Alex. Ross, Esquire, be appointed
Commander,

Angus Matheson, (1)be appointed Serjeant Major.
John Bird, (2)be appointed Serjeant 1st District.
J. P. Bourke, (3)be appointed Serjeant 2nd District.
William Shaw, (4)be appointed Serjeant 3rd District.
Bostonnais Pangman, (4)be appointed Serjeant 4th District.

And that all the offices of Privates be offered to the 54 per-
sons enumerated in a list which have been agreed to and in the
event of their declining the appointments, the lists be completed
under the direction of the Governor.

Resolved 13th. That standing orders, rules and regulations
for the discipline and good government of the Corps, be pre-
pared and submitted to the. consideration of the Governor and
Council at their next meeting, and when approved and deter-

1 Angus Matheson.— He was a member of the party, chiefly from old
Kildonan which landed at York Factory on August 26th, 1815. He
reached Red River the same year. His name appears on the petition for
troops presented to the Prince Regent after the troubles of 1816.

2 John Bird.— An English Half-breed. He accompanied Mr. Thomas
Simpson, the explorer, on his fatal journey.

3 John P. Bourke. He had belonged to Owen Keveny's party which
had arrived at Red River, October 27, 1812. Here he became a store-
keeper. He was wounded at Seven Oaks but escaped by flight. He was
among those who found refuge at Norway House in 1815. He was carried
prisoner to Fort Alexander, Fort William, Montreal, &c., and endured
terrible sufferings. '

4 William Shaw and Bostonnais Pangman. — As Chiefs of the Half-
broeds with 2 others they had signed the Articles of Agreement with the
H. .B. Co., represented by Chief Factor James Sutherland, on June 25,
1815 after the arrest of Governor Miles Macdonell.

98159—18

274 CANADIAN AECHIVES

mined on, that a copy thereof be handed over to each Officer
for the information and instruction of the Corps.

Resolved 14th. That this Council do now adjourn.

GEO. SIMPSON.
DAVID T. JONES.
WILLIAM COCKRAN.
JAMES BIRD.
JAS. SUTHERLAND.
W. H. COOK
R. LOGAN.

Proceedings of a Council held at Fort Garry, on Thursday
the 30th Day of April, 1835.

Present
George Simpson, Esquire Govr. of Rupert's Land, President.

The Rev. D. T. Jones, Councillor.

James Bird, Esq., Councillor.

James Sutherland, Esq., Councillor.

Robert Logan, Esq., Councillor.

John Pritchard, Esq., Councillor.

Alexander Ross, Esq., ) ., , , ~ ,, ^ , £ ,1T ,

John Bunn, Esq., } Members of the Eoard of Works'

Alexander Christie, Esq., ^|

John Charles, Esq., > Councillors of Rupert's Land.

John Lee Lewis, Esq., J

Cuthbert Grant, Esq., Justice of Peace, 4th District.

In order to guard against the destruction of woods, hay,
&c., &c., by neglected fires; it is

Resolved 1st. That all persons be strictly prohibited from
lighting fires for any purpose whatsoever beyond their enclosed
ground under cultivation, unless the assistance of ten neigh-
bours at least be obtained to extinguish the said fire, under a
penalty f 20/, to be levied on his goods, besides being answer-
able for all damages that may arise from fires so lighted.

Resolved 2nd. That all persons be at liberty to ^eixe any
pigs they may find trespassing on their enclosed lands, to re-
tain possession of such pigs, until the parties to whom they be-
long pay the sum of five shilings to the proprietor of

PIONEER LEGISLATION 275

the ground on which they are found, for every such trespass, and
unless that sum be paid within eight days after such pigs may
have been seized, the parties to be at liberty to sell them, after
giving public notice in writing at the church door.

Resolved 3rd. That all Constables be enjoined, and all
persons authorised, to seize and pound any stallions, of two
years old or upwards, which they may find straying in any part
of the Settlement, and to hold them in safe keeping, until the
proprietors liberate them by payment of the sum of twenty
shillings to the party seizing them, which he shall be at liberty
to apply to his own use, as a recompense for his trouble and
loss of time in taking them, and if not liberated by the payment
of that sum within fourteen days after public notice in writing
shall have been given at the church door that such stallions
are in pound, the parties seizing them shall be authorized to
sell them by public auction in order to defray all charges and
expences, the surplus to be paid to the proprietor.

In order to check the felonious practice of taking horses
away from their grazing, without the consent of the owners,
and riding or driving them to a distance —

Resolved 4th. That for every such offence the culprit be
fined a sum of not less than 20/ and more according to injury
and distance, to be paid over forthwith to the party whose horse
has been stolen, and in case the offender have not the means
of paying the fine he be imprisoned for a period of not less than
fourteen days.

Resolved 5th. That this Council do now adjourn.

GEO. SIMPSON,
DAVID T. JONES,
JAMES BIRD,
JAS. SUTHERLAND.
R. LOGAN,
ALEXANDER ROSS,
JOHN BUNN.

Minutes of a Council held at New Fort Garry for the Red
River Settlement, District of Assiniboia, Rupert's Land, on
Monday the 13th day of June, 1836, at which were present, —

George Simpson, Esqre., Govr. of Rupert's Land, President.
Alexander Christie, Esq., Chief Factor of Rupert's Land,
Councillor.

28159— 184

276 CANADIAN ARCHIVES

The Rev. D. T. Jones, Councillor.
The Eev. Wm. Cpckran, "
James Bird, Esquire, Councillor.
James Sutherland, Esquire, Councillor
Wm. H. Cook, " "

Kobert Logan, " "

John Pritchard, " "

Alex. Boss, " "

John Bunn, " «

John McAllum,

Extracts from the Governor and Committee's Dispatch of
9th March, 1836, relative to the public business of Red River
Settlement having been read. — Alex. Ross, John Bunn, and
John McAllum, were sworn in Councillors of the District of
Assiniboia, (agreeably to the minutes of the Governor and Com-
mittee of 2nd March last, appointing these Gentlemen to that
Office) and took their seats accordingly.

It being found from the general complaint of the public,
that the Police establishment or Volunteer Corps formed agree-
ably to the Resolutions of the Council of Assiniboia, of the 12th
February, 1835, is not efficient under the present system of
granting leave of absence without providing efficient substitutes,
It is

Resolved 1st. That no leave of absence be granted to any
member of that Corps in future, unless an efficient substitute
be provided, and that in the event of any member thereof
absenting himself from the Settlement exceeding one week at a
time, without such substitute being provided, he be paid off,
and considered as discharged from the Corps, and the vacancy
occasioned by such discharge be filled up by an active efficient
man, who may be willing to accept the office, under this restric-
tion; nevertheless that Alex. Christie, Esquire, the Command-
ing Officer of the Corps, and any one other member of the
Council be authorised to modify this resolution, during the
course of the current year, as circumstances may render neces-
sary.

With reference to that part of the Governor and Commit-
tee's Dispatch, in which they suggest that the duty on goods
imported into Red River Settlement, be reduced from 7^ to 5
p. cent, It is

Resolved 2nd. That all goods imported from England or
Canada, or exported from Red River the produce of the

IMONEER LEGISLATION 277

Colony, during the year 1836, be chargeable with a duty of
5 p. cent accordingly.

Resolved 3rd. That the goods (importations of 1836) of
such importers, as have not paid the duties, on their importa-
tions of last year, be detained at York factory, until the
Receiver of duties in Red River, intimate to the gentleman in
charge of York factory that he be at liberty to deliver them.

Resolved 4th. That the person in charge of craft from York
be required to deliver their Bills of lading, or satisfactory
accounts of the ladings to the person in charge of the Honorable
Company's New Establishment below the Rapids, .in order to
facilitate the collection of the duties.

With reference to the Resolution of the Council of 12th
February, 1835, It is

Resolved 5th. That the Receiver of Duties be allowed, for
the past and current years, a salary of fifteen pounds sterling
per annum, and that the District Magistrates be in like manner
allowed, for the past and current years, a salary of five pounds
per annum .

Resolved 6th. That Alexander Christie, Esquire, be author-
ized to call a Meeting of the Council, independent of the regu-
lar, or formal sittings (provided for in the Resolution of 1835)
when he may consider such necessary.

It being found' that the public tranquillity of the Settle-
ment is greatly endangered, by the sale and traffic of beer to
Indians It is

Resolved 7th. That such sales or traffic be prohibited from
and after the 1st of July of the current year, and that any one
who may sell to or traffic beer with Indians, after that date,
be liable in a penalty of twenty shillings, for every such
offence, all such fines and penalties to be made applicable to
Public Works, *

Resolved 8th. That in all cases where the Police are em-
ployed in the apprehension of felons, or in reference to Crim-
inal or felonious offences, the time which they may be so em-
ployed to be considered as part of the twenty-eight days ser-
vitude they are bound to afford without other pay or emolu-
ment than their annual salary, but that when employed in Civil
cases the private prosecutor pay for their services, as already
provided for.

Resolved 9th. That the Revenue arising from duties be
made applicable to the payment of the Volunteer Corps, and

278 CANADIAN ARCHIVES

other public objects conformable to the Kesolution of Council
of Assiniboia of 12th February, 1835, herein alluded to : —

Eesolved 10th. That each Member of the Council be pro-
vided with a copy of the Minutes of this and all other Councils
that may be hereafter held for the purpose of being made
public.

Resolved llth. That this Council do now adjourn.

GEO. SIMPSON, Govr.
ALEXR. CHRISTIE.
DAVID T. JONES.
WILLIAM COCKRAN.
JAMES BIRD.
JAS. SUTHERLAND.
W. H. COOK.
R. LOGAN.
ALEXANDER ROSS.
JOHN BUNN.
JOHN MACALLUM.

Minutes of a Council held at Eort Garry, Red River Settle-
ment, on Thursday the second day of February, one thousand
eight hundred and thirty seven, at which were present.

Alexander Christie, Esquire, Govr. of Assiniboia.

RevcL D. T. Jones, Councillor.

Revd. Wm. Cockran,

James Bird, Esquire,

Robert Logan, " "

John Pritchard, "

Alexander Ross, " "

Andrew McDermot, "

John Bunn, " *

John Macallum,

Cuthbert Grant, Justice of Peace, 4th District.

Several objections having been made by many of the Colon-
ists to the validity of Indian evidence ; it is

Resolved 1st. That the evidence of an Indian be considered
valid, and be admitted as such in all Courts of this Settle-
ment.—

With reference to the 7th Resolution of the Council of 13th
June, 1836, relative to the still general practice of selling Beer
to Indians: It is

PIONEER LEGISLATION 279

Resolved 2nd. That all persons who give information of'
sale and traffic of beer with Indians, shall, upon conviction of
the offender, receive one half of the penalty levied.

Resolved 3rd. That at the general Quarterlv Courts held at
Fort Garry for the purposes specified in the 9th Resolution of
the Council of 12th February, 1835, any Councillor being a
party to a case brought forward for the decision of the Court,
shall leave his seat as Councillor while such case is under con-
sideration.

Resolved 4th. That a detailed statement of the Public fund
arising from Export and Import Duties, be laid before the
Council at its next sitting.

Resolved 5th. That this Council do now adjourn.

ALEX. CHRISTIE,
DAVID T. JONES,
WILLIAM COCKRAN,
JAMES BIRD,
R. LOGAN,
ALEXANDER ROSS,
JOHN BUNN,
JOHN MACALLUM.

Minutes of a Council held at Fort Garry, Red River Settle-
ment, this sixteenth day of June, one thousand eight hundred
and thirty seven, at which were present

George Simpson, Governor in Chief.

Alex. Christie, Chief Factor.

Rt. Revd. The Bishop of Juliopolis, Councillor.

Revd. D. T. Jones, Councillor.

Revd. Wm. Cockran, "

James Bird,

Robert Logan,

James Sutherland, "

John Pritchard, "

Willm. H. Cook,

Alexr. Ross,

John Bunn,

George Cary,

John Macallum.

The Governor commenced the proceedings of the Counci1
by reading certain Extracts from the Dispatch of the Governor

280 CANADIAN ARCHIVES

and Committee of 15th February, 1837. respecting the affairs
of Red River Settlement and then proceeded to swear in the
Right Revd. Bishop of Juliopolis(1) & Captn. Gary as Members
of Council. —

Resolved 1st. That the 9th Resolution of the Council of
13th February, 1835, should be rescinded; — and in order to
remedy certain difficulties that are found to exist from the pre-
sent mode of administering justice, it is

Resolved 2nd. That the Settlement shall be divided into
three Districts, — the lower District to extend from the Frog(2)
plain downwards, — the middle District from the Frog plain
upwards on the main, and as far as Sturgeon Creek on the
Assiniboine Rivers, — and the upper District upwards from
Sturgeon Creek on the Assiniboine River; That for each of
these Districts two Magistrates be appointed, and that any three
of those Magistrates shall hold Courts, on the first Monday of
every quarter for the lower District, — on the second Monday
of every quarter for the middle District, and on the third
Monday of every quarter for the upper District, to hear and
decide all cases of petty offence and of debts not exceeding £5,
and that all other Cases of offence and of debt exceeding £5 be
heard and decided upon by a general Court to be held at Fort
Garry on the last Thursday of every quarter; and that such
Court shall consist of the Governor or the Hudson's Bay Com-
pany's principal representative for the time being in the Dis-
trict, together with not less than four 'Magistrates.

Resolved 3rd. That Jaimes Bird and John Bunn, Esquires,
be appointed Magistrates for the lower District, Robert Logan
and Alex. Ross, Esquires, Magistrates for the middle District,
and Cuthbert Grant and George Cary, Esquire, Magistrates
for the upper District. — James Bird, John Bunn, Robert
Logan, Alex. Ross and George Cary were sworn as Magistrates
accordingly. —

Resolved 4th. That Alexander Christie, Esquire, be author-
ized to call a meeting of the Council, independent of the regular
and formal sittings, when he may consider such necessary.

The Governor and Committee having authorized the erec-
tion of a distillery, which is likely to be attended with impor-
tant advantages, in the Settlement; it is

1 Bishop Provencher was known as Bishop of Juliopolis, then of the
North West, and finally of St. Boniface.

2 i.e.. at Kildonan.

PIONEER LEGISLATION 281

Kesolved 5th. That a vote of thanks be returned to the Gov-
ernor and Committee for such privilege.

In order to check the abuse of Spirituous liquors in the
Settlement, it is

Eesolved 6th. That an excise duty of two shillings p. gallon
be levied on all proof spirits, consumed in the Settlement, the
produce of the distillery, and that all such spirits exported
from the Settlement shall be free of duty, and that the revenue
arising from such tax shall be made applicable in like manner
as the duties on Imports and Exports, to defraying the expenses
connected with the maintenance of the police Corps, Gaol, Court-
House, and other public works or institutions that may be con-
sidered necessary for the good government of the Settlement.

Eesolved 7th. That the duty on Exports & Imports to Red
River Settlement be reduced to 4 p. cent, and that farther
reduction be made when the funds arising from the Excise tax
become available.

The arms now used by the Police of the Settlement being
unfit for the purpose for which they were intended ; it is

Resolved 8th. That Governor Simpson be requested to pur-
chase and forward for the use of the Police Corps 25 well
finished guns, 2 feet, 9 inches barrel, 28 ball to the Ib. bore,
with 15 inch bayonets and wooden ramrods, to cost not exceed-
ing thirty-five shilling each; likewise three copies of Burn's
Justice and three copies of the Magistrates Manual, — the
amount of which, freight and charges, to be debited the Red
River Export and Import duty account.

Resolved 9th. That this Council do now. adjourn.

Fort Garry, Red River Settle-1 ALEXR CHRISTIE.
ment, 16th June, 1837. J ,tJ.N.,Ev.deJULIOPOLIS.

DAVID T. JONES.
WILLIAM COCKRAN.
JAMES BIRD.
JOHN PRITCHARD.
JOHN MACALLUM.
ALEXANDER ROSS.
ANDREW McDERMOT.
JOHN BUNN.
GEO GARY.

282 CANADIAN ARCHIVES

Minutes of a Council held at Fort Garry, Red River Settle-
ment, on Friday the fifteenth day of June, One thousand, Eight
hundred and thirty-eight, at which were present the following
members, vt.

Alexander Christie, Chief Factor, President.

The Rt. Rev. Bishop of Juliopolis, Councillor.

Revd. D. T. Jones,

Revd. William Cockran,

James Bird.

Robert Logan,

John Pritchard,

Alexr. Ross,

John Bunn,

George Cary,

John Macallum,

Andrew McDermot,

Resolved 1st. That Cuthbert Grant, Esquire, one of the
Magistrates for the Upper District, be invited to attend; and
in consequence he was present.

The President commenced the proceedings of the Council
by reading the 3rd, 4th, 5th, 6th, 7th and 8th paragraphs of
the Governor and Committee's Dispatch of 7th March, 1838,
relative to the affairs of Red River Settlement.

Resolved 2nd. That a vote of thanks be returned to the
Governor and Committee for the paternal feeling evinced in
the Dispatch above referred to; and the Council hail with
peculiar satisfaction the prospect held out of an improvement
in the administration of justice.

With reference to that part of the Governor and Commit-
tee's Dispatch in which they suggest that the duty on goods
imported into Red River Settlement be not reduced until the
funds for defraying Public expenses become available : it is

Resolved 3rd. That all goods imported from England or
Canada, or exported from Red River, the produce of the
Colony, during the year 1838, be chargeable with a duty of four
per cent on the prime cost accordingly.

The engagements of the Volunteer Corps embodied under the
6th and 7th Resolutions of Council, dated 12th February, 1835,
having expired on the 1st April last : it is

PIONEER LEGISLATION 283

Resolved 4th. That the Volunteer Corps be maintained
until the 15th June, 1839, upon the same terms, and subject to
the same duties as heretofore.

Whereas much inconvenience and great destruction of pro-
perty have been caused by cattle breaking through enclosures:
it is

Resolved 5th. That before indemnification can be made to
the injured party, the sufficiency of his fence must be con-
firmed by the oath of at least two of his neighbours, and the
animal that committed the depredation proved, in like manner,
to be notorious for breaking fences.

It appearing that a considerable balance remains to the
credit of the Red River Export and Import Duty : it is

Resolved 6th. That the Honourable Committee be requested
to open an account for the said balance, and place it at interest
in their hands.

Resolved 7th. That this Council do now adjourn.

FORT GARRY, RED RIVER SETTLEMENT,
15th June, 1838.

ALEXR. CHRISTIE, C.F.

fj. N., Bishop of Juliopolis,
WM. COCKRAN,
JAMES BIRD,
JAS. SUTHERLAND,
JOHN PRITCHARD,
ALEXANDER ROSS,
JOHN BUNN,
GEO. CARY,
JOHN MACALLUM.

Minutes of a Council held at Fort Garry, OIL requisition of
the Governor-in-Chief of Rupert's Land, on Thursday, the
thirteenth day of June, one thousand, eight hundred and thirty
nine, at which were present,

The Governor-in-Chief, President.

Duncan Finlayson, Governor of Assiniboia.

Adam Thorn, Councillor, Assiniboia.

The Rt. Revd. Bishop of Juliopolis, Councillor, Assiniboia.

The Revd. William Cockran, Councillor, Assiniboia.

James Bird,

James Sutherland,

284 CAN A 1)1 AX ARCHIVES

John Pritchard,

George Marcus Gary,

John Bunn, "

John Macallum,

Alexander Ross,

John McLoughlin, Councillor of Rupert's Land.

Alexander Christie, " "

John Rowand,

James Hargrave, Chief Trader.

ISTichol Finlayson,

Mr. Macallum having been requested to act as Clerk, the
President read to the Council such portions of the Despatch of
the Governor and Committee of 20th March, 1839, as related
to the affairs of Red River Settlement.

The President then read and laid on the table the subjoined
extract from minutes of a General Court held at the Hudson's
Bay House, London, on the thirteenth day of March last :

" The several recommendations of the Committee of the
" 27th February last having been read, it was unanimously
" resolved to adopt the same.

" 1st. That the several resolutions appointing Governor of
" Rupert's Land, Governor of Assiniboia, Members of Council
" and other officers made at the General Courts held on the 29th
" May, 1822, and 21st May, 1823, be rescinded and revoked—

" 2nd. That there shall be appointed a Governor-in-Chief
"of Rupert's Land, who shall have authority over the whole
" of the Company's Territories for judicial and other purposes,
" and the exercise of the power vested in him by the Charter.—

3rd. That George Simpson, Esquire, be Governor-in-Chief
"of Rupert's Land.

"4th. That there shall be appointed a Council of Rupert's
"Land.

"5th. That the following gentlemen be Councillors of
"Rupert's Land, viz.: Adam Thorn, (1) John George Mc-
"Tavish,(2) George Keith, (3) John Dugald Cameron, (4) John
"Charles, (5) John McLoughlin/6) James Keith/7) Joseph

1 He was Recorder of Rupert's Land. See Introduction.

3 He was Chief Factor under the Deed Poll of 1821. He had helped
to trick Astor out of his Columbia fur post. As a Nor'Wester partner
he had charge of Fort Chippewyan. On the union of the two companies
he became superintendent of York.

8 He was a Chief Factor under the Deed Poll of 1821.

4 He was a Chief Factor unde,r the Deed Poll of 1821.

PIONEER LEGISLATION 285

"Beioley,(8) Alexander Christie, (9) William Conolly,(10)
"John Rowand,(11) Allan McDonell,(12) Peter Warren
"Dease,(13) John Lee Lewis, (14) Koderick McKenzie,(15)
"Duncan Finlayson, (16) Peter Skene Ogden/17) Alexander
"Roderick McLeod,(18) Angus Cameron, (19) and Samuel
"Black, (20) Esquires.

"6th. That there shall be appointed a Governor of Assini-
"boia, who shall, in the absence of the Governor-in-Chief of
"Rupert's Land, have the authority of Governor-in-Chief, under
"the provisions of the Charter, within that District.

"7th. That Duncan Finlayson, Esquire, be Governor of the
"District of Assiniboia.

"8th. That there shall be, in addition to the Councillors of
"Rupert's Land, a Council of the District of Assiniboia.

"9th. That the following gentlemen be Councillors of the
"District of Assiniboia, viz. : Adam Thorn, Esquire, Barrister,
"the Rt. Revd. the Roman Catholic Bishop of Juliopolis, The
"Reverend William Cockran, James Bird, James Sutherland,
"William H. Cook, John Pritchard, Robert Logan, George
"Marcus Cary, John Bunn, John Macallum, John Peter
"Pruden, Alexander Ross, Cuthbert Grant, and Andrew Mc-
"Dermot, Esquires.

6 He was a Chief Factor tinder the Deed Poll of 1821. See Introduction

6 He was a Chief Factor under the Deed Poll of 1821. He was long in
charge of Fort Vancouver.

7 He was a Chief Factor under the Deed Poll of 1821.

8 He was a Chief Factor under the Deed Poll of 1821.

9 He was a Chief Factor under the Deed Poll of 1821 and twice Gov
ernor of Assiniboia. See Introduction.

16 Chief Trader in 1821, he became Chief Factor in 1825. He was long
in charge of Fort St. James, New Caledonia. A daughter married Sir
James Douglas.

11 Chief Trader in 1821, he became Chief Factor in 1825. He was long
in charge of Fort Edmonton.

"Chief Factor under the Deed Poll of 1821, he became Chief Factoi
in 1828.

13 Chief Trader in 1821, he became Chief Factor in 1828. He succeeded
William Connolly in charge of the Rocky Mountain Post. He was sent
with Thomas Simpson to explore the Arctic Coast.

14 See Introduction.

"Chief Trader under the Deed Poll of 1821, he became Chief Factoi
in 1830.

16 See Introduction.

17 Chief Trader in 1821, he became Chief Factor in 1834. The son of
Chief Justice Ogden of Montreal he was himself a barrister of the eame
place. He served his apprenticeship with the N. W. Co. He was in
charge of H. B. Co., brigades through Idaho, Nevada, Utah, California,
Arizona. He died in Oregon in 1854.

18 Chief Trader under the Deed Poll of 1821, he became Chief Factor
in 1836.

19 Chief Trader under the Deed Poll of 1821, he became Chief Factor
in 1838.

20 Chief Trader in 1821, he became Chief Factor in 1838.

286 CANADIAN ARCHIVES

t "10th. That the District of Assiniboia shall be co-extensive
"with such portion of the Territory, granted to the late Thomas
"Earl of Selkirk on the 12th day of June, 1811, as is now with-
"in the Dominions of Her Britannic Majesty.

"llth. That there shall be appointed a Recorder of
"Rupert's Land.

"12th. That Adam Thorn, Esquire, Barrister, be Recorder
"of Rupert's Land.

"13th. That there shall be appointed four Sheriffs of
"Rupert's Land.

"14th. That Robert Miles,(1) Thomas Eraser, (2) Donald
"Ross,(3) and John Edward Harriott, (4) Esquires, be Sheriffs
"of Rupert's Land.

"15th. That there shall be appointed two Sheriffs of the
"District of Assiniboia.

. "16th. That Alexander Ross and Cuthbert Grant, Esquires,
"be Sheriffs of the District of Assiniboia."

Mr. Thorn, in his capacity of Councillor of Assiniboia, took
the following oath, repeating the words after the President,
and kissing the Holy Bible:

"I hereby swear in the presence of Almighty God, that I
"will truly serve our Sovereign Lady, The Queen, or Her Heirs
"and Successors, and all, who now do, or hereafter may, law-
fully exercise authority under her or them, and that I will
"faithfully discharge all and every the duties of a member of
"the Council of the District of Assiniboia in Rupert's Land."

The President then communicated to the Council a letter
from Robert Logan, Esquire, intimating that gentleman's wish
to resign the offices of Councillor and Magistrate, on account
of infirm health.

The President having, in pursuance of instructions from
the Governor and Committee, again referred to the Council the
question whether or not a distillery ought to be erected within
the district, it was, by a large majority,

Resolved 1st. That the manufacture and sale of native
spirits, if placed under such restrictions as have uniformly

1 Robert Miles became a Chief Trader in 1828, and Chief Factor in
1844. Hie daughtter married Inspecting Chief Factor Robert Hamilton, a
member of the North West Council.

3 Thomas Fraser became a Chief Trader in 1835.

• Donald Ross became a Chief Trader in 1829 and Chief Factor in 1840

4 John Edward Harriott. Chief Factor, later a member of the Conn
cil of Assimboia.

PIONEER LEGISLATION 287

regulated the Honourable Company's importation and sale of
foreign spirits, (1) would be at once safe and advantageous.

After some conversation respecting the duties and pay of
the Police Corps, it was

Resolved 2nd. That the Police Corps be maintained on its
present footing for another year.

Resolved 3rd. That this Council returns its most cordial
thanks to Alexander Christie, Esquire, for that happy combina-
tion of judgment, energy, and mildness, with which he has
uniformly discharged the numerous and arduous duties of
Governor of the District of Assiniboia, and that it feels justi-
fied in assuring him, on the eve of his departure, that he will
carry with him the most affectionate regards of the great mass
of the population.

Resolved 4th. That this Council do now adjourn.

FORT GARRY,

13th June, 1839.

GEO. SIMPSON, Govr. in Chief.

DUN. FINLAYSON, Gov. of Assina.

ADAM THOM,

f J. N., Bishop of Juliopolis,

WILLIAM COCKRAN,

JAMES BIRD,

JOHN PRITCHARD,

GEO. M. CARY,

JOHN BUNN,

JOHN MACALLUM,

ALEXR. ROSS,

ALEXR CHRISTIE,

JOHN ROWAND.

Minutes of a Council held at Fort Garry on requisition of
the Governor in Chief of Rupert's Land, on Thursday the 4th
day of July, one thousand, eight hundred and thirty-nine, at
which were present,

*The 40th and 59th Standing Rules of the Fur Trade established by
the Councils of the Northern and Southern Departments of Rupert's
Land regulated the sale of spirits. The Company aimed to discourage
the use of spirits among the Indians. The Governor of Rupert's Land
also entered into an agreement with the Governor of the Russian Ameri-
can colonies to prohibit their use on the N.W. Coast. Later Donald A.
Smith forbade the importation of intoxicating liquors into the Com-
pany's Territories.

288 CANADIAN ARCHIVES

George Simpson, Governor, in Chief, President.
Duncan Finlayson, Governor of Assiniboia.
.Adam Thorn, Councillor of Assiniboia.
The Rt. Revd. Bishop of Juliopolis, Councillor of Assini-
boia.

James Bird, Councillor of Assiniboia.

John Pritchard,

George Marcus Cary,

John Bunn, «

John Macallum, " "

Alexr. Ross, ,?<

Revd. Wm. Cockran,

Cuthbert Grant, "

John Rowand, Councillor of Ruperts Land.

Allan McDonell

Resolved 1st. That in each of the three Sections of the Dis-
trict of Assiniboia, three Magistrates, of whom one at least shall
reside within the section and one other at least shall reside with-
out it, shall hold quarterly Courts of Summary Jurisdiction, on
three successive Mondays, to be respectively appropriated to thp
three sections, according to the existing order of precedence,
beginning with the third Monday of January, of April, of July
and of October.

Resolved 2nd. That the said Courts shall and may pro-
nounce final judgement in all civil cases wheree the debt or
damages claimed may not exceed five pounds, and in all tres-
passes and misdemeanors, which by the Rules and Regulations
of the District of Assiniboia, not being repugnant to the law
of England, may be punished by a fine not exceeding the afore-
said sum of five pounds.

Resolved 3rd. That the said Courts may refer any case ol
doubt or difficulty to the supreme tribunal of the Colony, the
Court of the Governor and Council of Assiniboia, at its next
ensuing quarterly session, by giving a viva voce intimation
of the reference in open Court, and a written intimation of the
same, under the hands of a majority of the three sitting Magis-
trates, at least one whole week before the commencement of the
said quarterly session ,to the clerk of the said supreme tribu-
nal,— without being held to offer any reason or reasons for so
doing.

Resolved 4th. That the said Courts shall frame and pre-
serve written records of all their judicial proceedings, in books *

PIONEER LEGISLATION 289

to be provided for that purpose, the said books to be deposited
with the senior magistrate of each section.

Eesolved 5th. That the said books shall be issued by the
Clerk of the supreme tribunal aforesaid, the pages being num-
bered and tested by his initials.

Resolved 6th. That every defendant, in case of non-appear-
ance after having been duly summoned in writing by a sworn
Policeman, whose certificate of service on the person or at the
domicile of the Defendant shall be sufficient proof of such ser-
vice, shall have judgement pronounced against him by default,
according to the amount of claim established against him by the
plaintiff's witness or witnesses, — with discretionary power on
the part of the sitting Magistrates to suspend, for a period not
exceeding four months, the execution of the said judgement,
or on the part of any subsequent Court containing at least two
of the said sitting Magistrates to re-open the case on defen-
dant's paying expenses.

Resolved 7th. That any witness who shall not attend any
of the said Courts, after having been duly summoned in writ-
ing by a sworn Policeman, whose certificate of service on the
person or at the domicile of the witness shall be sufficient
proof of such service, shall be fined in a sum not less than three
shillings or more than twenty.

Resolved 8th. That every witness who shall attend in con-
sequence of being so summoned, shall be remunerated by the
party, whose witness he may be, at the rate of two shillings and
six-pence for every period of twenty-four hours, which he may
require to be absent from home as such witness.

Resolved 9th. That the said Courts shall have a discretion-
ary power to pronounce judgement against the unsuccessful
party, whether plaintiff or defendant, for the expenses of the
witness or witnesses of his opponent or opponents.

Resolved 10th. That a defendant shall not be bound to
appear before any other Court than that of the section in which
he may reside, or in which he may have received service of
summons, but that,, in every other respect, any and every writ,
warrant, or subpoena, shall be valid over the whole District.

. Resolved llth. That warrants of distress or imprisonment
shall be issued only on application of the successful party to
the Magistrate, who may keep the book of records aforesaid, and
on payment of one shilling for every such warrant.
28159—19

290 CANADIAN ARCHIVES

Eesolved 12th. That all fines, excepting such portions of
them as may go to the informer or informers, and all fees, shall
first defray the expenses of stationery, fuel, &c., in each sec-
tion, and then, if any surplus there be, go to the general fund
for maintaining central courts, court-houses, and gaols.

Supreme Court.

Resolved 13th. That the Court of the Governor and Coun-
cil, in its judicial capacity, sit on the third Thursday of Feb-
ruary, of May, of August, and of November, and at such other
times as to the Governor in Chief of Euperts Land, or in his
absence, to the Governor of Assiniboia may seem fit.

Resolved 14th. That in all contested civil cases, which may
involve claims of more than ten pounds, and in all criminal
cases, the verdict of a Jury shall determine the fact or facts in
dispute.

Resolved 15th. That every proprietor of land be held qua-
lified and liable to act as a juror, receiving one shilling from
the plaintiff in each case when he may actually serve, and
paying a fine of not less than five shillings and not more than
twenty when he may fail to appear in his turn.

Resolved 16th. That the Sheriffs, at such times and in such
manner as may be directed by the Governor in Chief of
Ruperts Land, or, in his absence, by the Governor of Assini-
boia, shall frame three lists of all the land-holders respectively
in the three sections of the Colony, rigidly following the courses
of the roads, or, in the absence of roads, of the rivers.

Resolved 17th. That, in civil suits, each of those three lists
shall furnish twelve names, beginning with a name to be
determined by the first defendant, and so proceeding in per-
petual succession till new lists be framed; that, of the thirty-
six names thus obtained, each party, or the Clerk of the Court
in the event of his absence or refusal, shall strike out nine with-
out assigning any reason or reasons, at least one whole week
before the day of trial, and that of the remaining eighteen per-
sons, the first twelve that answer to their names in the hour of
cause, shall form the jury.

Resolved 18th. That the two Sheriffs shall, in turn, offi-
ciate as chief Officers of the Court ; and that, if either of them
be absent from his share of duty, the other shall officiate in his
stead.

PIONEER LEGISLATION 291

Resolved 19th. That all fines, excepting such portions of
them as may go to the informer or informers, and all fees, shall
be a general fund for maintaining central courts, court-houses*
and gaols.

Prisoners.

Resolved 20th. That all prisoners who may be unable to
maintain themselves, shall be maintained out of the said last
mentioned fund at the rate of a pound of pemican a day, or o£
an equivalent in other provisions.

Distillation, &c.

Resolved 21st. That no individual or individuals whatever,,
other than the authorized Servants of the Honble. Hudson's
Bay Company, shall distil or attempt to distil whiskey or any
other spirit out of malt or any other substance, whether for
his, her, or their use, or for sale, or shall have in his, her, or
their possession any instrument, pipe or utensil specially
adapted to distillation, or actually employed in it by such indi-
vidual or individuals, under a penalty of ten pounds for each
offence, and the forfeiture of all such whiskey or other Spirit,
all such malt and other substance, and of every such instru-
ment, pipe, or utensil, — half of the penalty to go to the in-
former.

Resolved 2;2nd. That the Governor and Council shall and
may issue licenses for selling or bartering native or other
spirits, in quantities less than one Imperial gallon, at two
guineas each, for one half year or six calendar months from
the date thereof.

Resolved 23rd. That no individual or individuals what-
ever shall, without such license, sell or barter native or other
spirits, in quantities less than one Imperial gallon, under the
penalty of five pounds for each offence, half the penalty to go
to the informer.

Hay.

Resolved 24th. That the existing regulations with respect
to the cutting of hay in the Plains be continued in force for
another year.

Resolved 25th. That John Macallum, Esquire, be appointed
Coroner of the District of Assiniboia.
28159— 19i

292 CANADIAN ABCHIVES

Resolved 26th. That a premium of five shillings be paid for

'the head of every wolf killed within five miles of the banks of

.Red River Settlement, the head to be delivered to the Chair-

man of the board of Public Works on receipt of the premium.

Resolved 27th. That strychnine to the amount of five
Pounds be imported from England for the destruction of
wolves.

Resolved 28th. That Governor Simpson be requested to
purchase and forward for the use of the Police Corps, 25 well
finished guns, similar to those purchased and forwarded by
him last year, and to cost about the same price ; and that he be
likewise requested to purchase and forward the strychnine to
be imported as aforesaid.

In order to afford publicity to all Laws and Regulations that
may from time to time be passed by the Governor and Council
of Assiniboia,

Resolved 29th. That copies of the minutes of this and all
other Councils that may be hereafter held by them be forwarded
to the senior Magistrate of each section of the District, in order
that they may be made public at their respective quarterly
Courts.

Resolved 30th. That this Council do now adjourn.

TORT GABBY,

4th July, 1839.

DUN. EINLAYSON.

ADAM THOM.

fJ. N. Ev. de JULIOPOLIS.

WILLIAM COCKRAN.

JAMES ROSS.

JOHN PRITCHARD.

GEO. M. CART.

JOHN BUNN.

JOHN MACALLUM.

ALEXANDER ROSS.

CUTHBERT GRANT.

PIONEER LEGISLATION 293

Minutes of a Council held at Fort Garry on the eighth day
of June, one thousand eight hundred and forty.

PBESENT

Duncan Finlayson, Governor of Assiniboia, President.

Adam Thorn, Councillor of Assiniboia,

The Kt. Eevd. Bishop of Juliopolis, " "

The Kevd. William Cockran,

James Bird, <•< "

John Pritchard,

Alexander Ross, " "

Robert Logan, " "

JohnBunn, " "

Cuthbert Grant,

John Macallum, "

George M. Cary, "

Allen McDonell, Chief Factor.

It was unanimously

Resolved 1st. That the police be continued for one year
longer.

Resolved 2nd. That the hay regulations be continued for
one year longer.

Resolved 3rd. That the reward for killing wolves be dis-
tinued during the ensuing year.

Resolved 4th. That Mr. George Taylor be appointed In-
spector of Roads and Bridges, subject to the control of the
Board of Works, with an annual salary of twelve pounds ten
shillings sterling.

Resolved 5th. That the strychnine, which was ordered by
a resolution of last year, be distributed, on its receipt, by His
Lordship the Bishop of Juliopolis for the middle section of the
Settlement, by Dr. Bunn, for the lower, and by Mr. Grant for
the upper.

Resolved 6th. That if any bull, ox, or cow, which is known
to have previously broken a sufficient fence, be found in an en-
closure sufficiently fenced, the owner thereof shall be liable in
the amount of damages done; and that the character of the
animal, as well as the sufficiency of the fence, shall be estab-
lished by the testimony of two witnesses, at least, and not other-
wise, f

CANADIAN ARCHIVES

Whereas the wholesome and necessary law against selling
Ibeer to Indians has been frequently violated or evaded, to the
injury of private property, and the danger of public tranquil-
lity, be it

Resolved 7th. That all existing regulations on the subject
.aforesaid be henceforward repealed.

Resolved 8th. That any person or persons, other than an
ordained clergyman, or licensed physician, surgeon, or apothe-
cary, or the representatives of The Honorable the Hudson's
Bay Company, who may be directly or indirectly, mediately or
immediately, instrumental in giving, selling, lending or barter-
ing beer, or any intoxicating liquor or substance whatever, to
any Indian or Indians, or to any individual or individuals,
generally recognized as such, or, during the months of June,
July, August and September, to any person or persons, who
may previously have been convicted of violating or evading this
resolution, shall, on conviction before any competent Court, be
subject, without appeal or^ mitigation, to the following penal-
ties, viz:

For the first offence, two pounds sterling, with imprison-
ment till paid, and disqualification for holding any public
office, commission, licence or emolument, during twelve calendar
months, to be reckoned from and after the day of conviction:

For the second offence, three pounds sterling, with impri-
sonment as aforesaid, and disqualification as aforesaid during
twenty-four calendar months, to be reckoned as aforesaid:

For the third and every subsequent offence, four pounds
-sterling, with imprisonment as aforesaid, and disqualification
.as aforesaid, during thirty-six calendar months, to be reckoned
as aforesaid.

Resolved 9th. That the whole of the pecuniary penalty as
aforesaid, shall, in each case, be handed over to the informer,
after deducting the expenses, if any, of the offender's main-
tenance in prison ; provided, however, that such deduction shall
never exceed the one-half of the said pecuniary penalty.

Resolved 10th. That any offender, other than the original
.-and actual giver, seller, lender, or barterer, who may, in a bona
fide prosecution, become an informer's true witness, shall be
exempted from all and every the legal consequences of his or
lier said offence.

Resolved llth. That over and above the aforesaid penal-
ties, any and every convicted offender shall pay over to the

PIONEER LEGISLATION 295

Indian or Indians, or other person or persons, as aforesaid, the
whole, or, if in goods, the original value of the whole, of what
he or she may have received, or undertaken to receive, in pay-
ment or pledge for both liquor and vessel, whether as principal
or as agent.

Resolved 12th. That if any beer, or other intoxicating
liquor or substance come into the hands of any Indian or
Indians or any person or persons generally recognized as such,
any and every individual, by whom the said beer or other in-
toxicating liquor or substance, may have been given,
sold, lent or bartered, to any one whatever, shall either
be liable to the respective penalties of the eighth resolution for
the first or any subsequent offence, or shall give evidence tend-
ing to convict some other individual or individuals of having
been the actual and wilful offender or offenders.

Resolved 13th. That all offences against the foregoing six
Resolutions shall be tried by the Court of the Governor and
Council and a jury.

Resolved 14th. That this Council do now adjourn.(1)

Minutes of a Council held at Fort Garry on the twenty-
fifth day of June, one thousand eight hundred and forty one.

PRESENT Y

Sir George Simpson, Governor-in-Chief, President.

Duncan Finlayson, Governor of Assiniboia.

Adam Thorn, Councillor of Assiniboia.

The Rt. Revd. Bishop of Juliopolis, " "

The Revd. William Cockran " "

James Bird,

John Pritchard, "

Alexander Ross, " "

Robert Logan,

James Sutherland,

George Marcus Cary, (e

John Macallum, "

Andrew McDermot, " "

John Rowand, Chief Factor. ,

Mcol Finlayson, Chief Trader.

The following rules and regulations were passed unani-
mously :

1 Initials subjoined in pencil, names not signed in full.

296 CANADIAN ARCHIVES

General Provisions.

1. The following regulations shall apply to the whole of the
District of Assiniboia, extending, in all directions, fifty miles
from the forks of the Red River and the Assiniboine,(1) pro-
vided, however, that the Settlement, where it is expressly men-
tioned, shall not extend in breadth more than four miles from
the nearest part of either river, or in length more than four
miles from the highest or the lowest permanent dwelling.

2. Wherever the contrary is not expressed or implied, fines
and forfeitures shall be equally divided between the prosecutor
and the public fund.

3. In all cases, the prosecutor may be admitted as a wit-
ness.

4. Wherever the contrary is not expressed or implied, any
injured party shall be entitled to sue in the ordinary way for
damages over and above the specified fine.

5. Wherever the contrary is not required by the sense, any
gender shall include all genders, and either number shall include
both numbers, nor in any respect shall the natural and obvious
meaning be set aside either to punish or to screen offenders.

6. Whoever may have assisted, or seconded, or advised, or
ordered, or authorized the committing of any offence, shall be
held to have committed it himself.

Fires.

7. If any hay-stack, of which every part shall be more than
a hundred yards distant from the nearest point of its owner's
house or adjacent out-houses, shall be destroyed or damaged by
any fire whatever, the said owner shall not recover any compen-
sation for the destruction or the damages, unless his said hay-
stack shall have been surrounded at a distance of at least thirty
yards by a ploughed belt four yards wide, — provided, however,
that the injured Plaintiff shall not pay the costs of suit of a
guilty defendant, but may, at the discretion of the competent
Court recover his own costs of suit from the same.

8. If, between thirty-first May and first November, any
person shall kindle or spread a fire, intended to consume grow-
ing or standing fuel of any kind whatever, he shall be fined ten
pounds, — provided, however, that, after verdict but before
judgement, the president of the Court may remit the whole

1This was popularly known as the Municipal District of Assiniboia.

PIONEEB LEGISLATION 297

fine, as well the prosecutor's half as the other, merely by cer-
tifying in writing, on the back of the Clerk's notes of the evid-
ence, that "The offender is morally guiltless, having committed
the offence through a pressing necessity, which had not in the
least degree arisen from his own act or neglect, and having done
all in his power to prevent the fire from spreading ,towards the
property of others", and provided, also, that the owner of any
hay-stack, surrounded according to the preceeding regulation,
may burn all within the ploughed belt, that may not exceed one
foot in height, subject to the ensuing regulations.

9. If, between thirty first May and first November, any
fire in the open air, other than that prohibited in the foregoing
regulations, be deserted by all who may have kindled or fed or
used the same, or cannot be extinguished by such of them as
may not have deserted it, every person, who may have so fed or
kindled or used the same, shall be fined from five to fifty shill-
ings.

Pigs.

10. If, between thirty-first March and first November, any
pig above five weeks old trespass on enclosed ground, the injured
party shall recover from the owner of the pig the actual amount
of damages proved, if the animal be both ringed and yoked,
with one shilling extra, if the animal be yoked but not ringed,
or ringed but not yoked, and three shillings extra, if the animal
be neither yoked or ringed — the pig, if seized in the act of tres-
pass, being detained as a pledge for the payment of the damages
and maintenance at three pence a day, and being, if unredeemed
at the end of ten days, kept as full satisfaction of all claims, —
provided, however, that pigs under five weeks old shall neither
be separated from their sow, whether (during the said ten days
or thereafter, nor forfeited with her, and provided, moreover,
that the injured party, if he do seize the pig, shall under the
penalty of a total loss, within two days intimate the seizure to
one of the nearest constables, and three of the nearest settlers.

Fences.

11. If any cattle trespass on enclosed ground, their owners
shall be liable for all damages, each in proportion to the number
of his own animals, the cattle, if seized in the act of trespass,

298 CANADIAN ARCHIVES

being detained in pledge for the payment of the damages and
maintenance at six pence a day, — provided, however, that the
owners may discharge themselves and their cattle by proving
that any single space of the fencing accessible to such cattle,
was insufficient in strength or height or closeness, whether or
not such insufficient space admitted the trespassers inasmuch as
no man is entitled in such case to public protection, till he has
done his utmost to protect himself.

12. If, however, the owners fail in such proof, then the
owners of the actual fence-breakers, or, if such fence-breakers
be not known, the owners of such of the cattle as may previously
have broken any one sufficient space of fencing, shall bear the
whole of the loss apportioned equally among the offending
animals.

13. If the person, whose fence has been proved to have been
insufficient, can trace that insufficiency to the carelessness or the
malice of any person whatever, he shall recover from such per-
son the whole amount of his loss, whether occasioned by the
cattle themselves, or by his detention of them.

Hay.

14. Any settler's exclusive right of cutting hay within the
four-mile line behind his own lots shall be forfeited for the sea-
son, as soon as he may begin to cut hay beyond the limits of his
own lots and their annexed privileges, provided, however, that
it shall in no case be forfeited before twentieth July, but shall
in any case be forfeited on twentieth September.

15. If any person trespass on such right, he shall forfeit the
proceeds of such trespass in lieu of all damages, provided, how-
ever, that the privileged party shall previously swear, before a
magistrate, that he warned the trespasser, and applied to such
magistrate with the least possible delay, but provided, further
that the trespasser may be allowed to bring evidence against
such oath.

16. If the trespasser's evidence, so brought, shall appear
satisfactory to the magistrate, then the privileged party shall be
entitled only to the value of such hay as he can afterwards
prove, in the ordinary court, to have been made and cocked
before his knowledge of the trespass.

17. If one of two immediate neighbours shall appear to have
trespassed against the other in excusable ignorance of the bound-

PIONEER LEGISLATION 299

ary, he shall be entitled to reasonable compensation for his
labour before surrendering the fruits of the same.

18. For the purposes of the preceding four regulations any
settler's delegated right of cutting hay on a vacant lot and its
annexed privilege shall be held precisely as if the vacant lot
were his own.

Stallions.

19. If any stallion rising two years old or upwards stray
beyond his owner's enclosed ground, such owner shall be fined
twenty shillings, such stallion, if seized in the act of straying,
being held as a pledge for payment of the fine, and maintenance
at sixpence a day.

20. To avert breaches of the peace, and also to prevent the
foregoing regulation from being made a pretext for taking
horses to ride or drive, every such stallion, when so seized, shall
be led to one of the nearest constables, private or serjeant, who
shall be bound to receive and keep him for the daily allowance
aforesaid, under the penalty of a quarter's pay, — provided, how-
ever, that the constable, to whom the stallion may be first
delivered, may, with the consent of his Captain, transfer the
animal to any other constable willing to take charge of him.

Horse-Taking.

21. If any person take another's horse, to ride or drive,
from the open plains, (taking him from enclosed ground, how-
ever insufficient may be the fence, being held to be theft,) he
shall be fined twenty shillings, and forfeit all such harness
and whips and spurs and vehicles as he may have used with the
said horse.

22. In suing for damages, the owner of the said horse may,
at his option demand compensation proportioned to the time of
absence, the loss of service, and the amount of injury, or compel
the offender to receive the horse as his own, at his full value
when taken.

Maintenance of Prisoners.

23. Every person, imprisoned for committing any offence,
or for not paying any specified fine, whether such fine be in
place of damages or not, or attendant forfeiture, shall receive

300 CANADIAN ARCHIVES

at the public expense one pound of pemican, with water, every
morning, and shall not be allowed to supply himself with any
other kind of food or with any luxury whatever, unless by order
of a medical practitioner, duly qualified.

Intoxicating Indians.

24. No person, other than the acting Governor, or an or-
dained clergyman, or a medical practitioner, duly qualified,
shall convey any intoxicating substance to any Indian, or to any
person who may hereafter be convicted of doing so, under the
penalty of two pounds, and incapacity for office during one
year, for the first offence, of three pounds and incapacity for
office during two additional years for the second offence, of four
pounds and incapacity for office during three additional years
for the third or any subsequent offence, — the whole of the
pecuniary penalty to go to the prosecutor.

25. Any offender, who may prosecute to conviction any
accomplice, shall, moreover, be himself exempted from such
penalties.

26. Over and above the said penalties, any convicted
offender shall pay to the Indian, in place of damages, the full
original value in money of what he or any accomplice may have
received in payment or pledge both for the intoxicating sub-
stance and its containing vessel, — provided, however, that such
value may be demanded separately in a civil suit.

2*7. Any person, who may plead that he conveyed the in-
toxicating substance to any Indian by means of another who
kept him in ignorance as to its unlawful destination, shall,
nevertheless, either suffer the penalties or prosecute the indi-
vidual to whom he actually conveyed the same, and every other
known agent in the transaction.

Distillation.

28. E"o person, other than the Honorable The Hudson's Bay
Company, shall accomplish or attempt any part of the process
of making native spirits, or anything prepared or intended for
making the same, under the penalty of paying from two pounds
to ten pounds for each conceivably separate offence, and of for-
feiting the full property in all and every the things in respect
of which the conviction may have taken place, — provided, how-

PIONEER LEGISLATION 301

ever, that this regulation shall not prevent any medical practi-
tioner, duly qualified, from distilling for professional purposes,
or from owning or possessing, exclusively for such purposes,
any native spirits or any materials or vessels requisite for
making the same.

Roads and Bridges.

29. The acting Governor for the time being, and Alexander
Koss, John Bunn, Kobert Logan and Andrew McDermot,
Esquires, shall be a Board of Public Works, — the acting Gov-
ernor being Chairman, and two being a quorum.

30. Mr. George Taylor shall be Surveyor and Superinten-
dent of Works under the directions of the said Board, with an
annual salary of twelve pounds ten shillings.

31. The main highway shall be widened to two chains at
the public expense, the bush being, if necessary, cut down, and
either fence being, if necessary, moved back, and compensation
for open ground being given at the current rate, and that for
enclosed ground being fixed in each case by the Board of Works,
according to the evidence of disinterested neighbours, — pro-
vided, however, that compensation of the second description
shall be paid or offered in payment before any fence be moved
back, and that compensation of the first description shall not be
payable till a certain portion of ground on both borders of the
proposed highway shall have been actually enclosed on more
than half the breadth of the claimant's lot.

32. No person shall leave on the said highway any stones
or timber or unyoked vehicle or any other obstruction of the
kind, under the penalty of being answerable for all damages
that may be estimated in money ; and every person may call on
one of the nearest constables, Serjeant or private, to remove the
same to his own premise, and to hold the same in pledge, or,
at the end of four weeks, in property, for the expence of such
removal, under the penalty of a quarter's pay, — provided, how-
ever, that this regulation shp.ll not apply to any vehicle that may
have broken down, within twenty-four hours, or to the contents
of the same.

33. Whereas any person who commits and persists in com-
mitting a public trespass, has no right to public protection
against trespass himself, any encroachment on the main high-
way, whether constant, by means of a fixed fence, or occasional,

302 CANADIAN ARCHIVES

by means of a swinging gate, shall if not removed within a week
after oral or written notice to the owner or owners by author-
ity of the Board of Works, leave him or them without remedy,
during its continuance, against trespassing cattle or pigs, or the
owners of the same, or any person whatever on account of any
such trespasses, in respect of any lands whatever, — provided,
always, that this regulation shall not apply before first May
eighteen hundred and forty-two to any fence or gate already
existing, and continuing, without repair, to exist till then, —
provided, also, that the regulation shall not prevent the Board
of Works from removing any such encroachment, — subject,
however, to the preceding proviso.

34. Whoever may have made, or used, any hole in the ice
of either river or any creek, whether down to the water or not,
shall fix and keep fixed a pole of at least six feet above the sur-
face, according to possibility, in the middle or at the edge of the
same, under, the penalty of being answerable for all damages
that may be estimated in money, — provided, however, that any
person who may wantonly remove or throw down or lower the
said pole without the consent or knowledge of any one of the
persons bound to fix and keep fixed the same, shall, during the
first twenty-four hours after his offence, be held alone answer-
able for all damages, and afterwards, during the whole season,
no less liable than one of the original parties, who may have
made or used the hole aforesaid.

35. The said Board of Works shall annually submit its
accounts to the Governor and Council, at their first meeting
after first May.(1)

Custom-Duty.

36. On all imports there shall be levied a custom duty of
four per cent of the last invoice prices, provided, however, that
this regulation shall not apply to the produce of the chace, or
to commodities merely passing through the District, or to any
thing that both has been used and is to be used by the importer
himself, or to anything not naturally or necessarily consumed
in the use which any traveller, during the season of his arrival,
may import from his own place of starting, by any route, for
personal or domestic purposes, or to live stock, or to periodical

3 Public Works Accounts have been preserved in the Provincial Lib-
rary of Manitoba.

PIONEER LEGISLATION" 303

publications of miscellaneous matter, or to packages employed
as such.

37. The want of an invoice, if proved, to the satisfaction of
oath of the importer, but, if not so proved, by the estimate of
a majority of three disinterested persons as to the cost at the
last place of purchase.

38. To guard against delay or default in payment of such
duty, the collector may, by writing, forbid any freighter to land
imports for any specified individual, whether such individual
be the freighter himself or any other person, under the penalty
of his paying an additional duty of four per cent over and
above the ordinary duty to be paid by the importer, as such.

39. James Bird, Esquire, shall be collector of said custom-
duty, with a yearly salary of fifteen pounds, and shall annually
submit his accounts to the Governor and Council, at their first
meeting after first May, — the only vouchers of his expenditure^
after retaining his own salary, being the orders or the receipts
of the acting Governor, or of a quorum of the Board of Works.

Police.

40. The Police shall, during the acting Governor's plea-
sure, consist of Alexander Ross, Esquire, Captain at twenty
pounds a year, a Serjeant-Major at ten pounds, four Serjeants
at eight pounds, and fifty-four privates at six pounds a year, —
the Serjeants and privates being further remunerated for pay
and rations at the respective rates of four shillings and three
shillings a day after the first twenty-eight days of service in
each year, — provided, also, that any serjeant or private as
often as he is engaged on duty, shall receive six pence a day for
rations.

41. In case of intended absence of a month or more from
the Settlement, every serjeant or private shall, on such days
as his captain may appoint and make known, produce from
among those resident within two miles of himself, or, at the
captain's discretion in case of necessity, within any greater
distance, a substitute to the satisfaction of his captain, under
the penalty of forfeiting double pay, during his whole absence,
to enable his captain, if necessary, to select a substitute, and
of being dismissed in the event of his being absent, without
having so found a substitute during three months at a time, or

304 CANADIAN ARCHIVES

on two successive occasions of more than a month
shall make up, as far as may be requisite, all such stoppages of
pay as his said substitute, whether found by himself or selected
by his captain, may incur.

42. Neither principal nor substitute shall receive any pay
but from the date of the certificate mentioned in the next en-
suing regulation, — a principal producing it once for all, but a
substitute on each occasion of service.

43. The said certificate shall be given by a Magistrate to the
effect, that the party named therein has taken before him the
following oath : " I swear by God as I shall answer to God at
the great day of judgment, that I shall, till lawfully dis-
charged from my office of serjeant (or private) of police for
the District of Assiniboia, be always ready at all hazards to
serve and execute all legal writs, and to maintain the peace and
security of the said District against all enemies and disturbers
of such peace or such security, and that I shall, to the utmost
of my ability, obey all laws and all lawful authorities within
and for the said District, and induce all others to obey the same,
— and that I shall do my best to become acquainted with the
Regulations of the Governor and Council of the said District ".

Courts.

44. John Maeallum, Esquire, shall be Coroner for the Dis-
trict of Assiniboia.

45. James Bird, George Marcus Cary, John Bunn, Alex-
ander Ross, Cuthbert Grant, and John Maoallum, Esquires,
shall be Magistrates for the District of Assiniboia.

46. Alexander Ross and Cuthbert Grant, Esquires, shall be
Sheriffs for the District of Assiniboia.

47. For certain judicial purposes, the Settlement shall be
divided into three sections, as follows : from its northern limit
to the northern boundaries of John Sutherland's lot, being No.
197, and Mr. Pritchard's lot, being No. 602 ; from such bound-
aries to its southern limit on the Red River and to the eastern
boundaries of lots No. 1270 and No. 969, on the Assiniboine;
from such boundaries to its western limit.

48. In these three sections respectively shall be held quarter-
ly courts on the third Monday of January, of April, of July
and of October, and the following two Mondays, by three

PIONEER LEGISLATION 305

magistrates, one at least resident and one other at least not
resident, within the section.

49. Such courts shall hear and determine all civil cases, in
which the demand of neither party may exceed five pounds, and
all offences against the regulations of the Governor and Council,
which cannot involve a fine of more than twenty shillings over
and above any attendant forfeiture.

50. But any two of the three magistrates may reserve any
case whatever for the Court of Governor and Council.

51. All cases, which cannot be tried by the magistrates, or
are reserved by them, shall be heard and determined by the
Court of Governor and Council, with the aid of a jury, in
courts to be held on the third Thursday of February, of May,
of August, and of November, and on any intermediate days, if
necessary, to be named by the acting Governor, according to his
discretion.

52. But any case, in which a pledge has been seized or is
detained for an amount of damages or expenses to be ascertained
by evidence, may be decided by any one magistrate, if the claim
for whatever is to be ascertained does not exceed twenty shil-
lings and by any two or more magistrates sitting together for
that purpose, if the claim, as aforesaid, does exceed twenty
shillings, provided, however, that no set-off shall be admitted
in favour of the owner of the pledge, against the holder of the
same, — but provided, also, that, where no pledge has been seized,
set-off may be admitted in the ordinary courts.

53. The original writ against the defendant shall cost two
shillings and a subpoena or any other writ one shilling, — the
original writ, if issued for any inferior court, being limited to
its section, but any other writ running through the whole dis-
trict.

54. The fees for writs shall go the public fund.

55. In civil cases, an adult witness, if regularly summoned,
shall receive two shillings and six pence a day, and a juror one
shilling a trial.

56. The wilful absence of a regularly summoned witness
or juror shall be subject to a penalty of five shillings, over and
above the absent witness's liability to pay damages.

28159—20

306 CANADIAN ARCHIVES

i Duration and Effect.

57. All these regulations shall have force from eighth
August next, till altered or repealed, and from the same day
all older regulations shall be of no effect whatever.

Publication.

58. That no person may plead ignorance of these regula-
tions, at least eight copies shall be fixed on pasteboard or wood,
and distributed over the Settlement among such of the inhabi-
tants as may be willing to take charge of them for the season-
able inspection of the public.

It was further resolved,

59. That a sum of not less than fifty pounds and not more
than one hundred pounds sterling be expended by the Board
of Works, during the next ensuing twelve months, on the
improvement of the public roads and bridges.

60. That strychnine to the value of twenty pounds sterling
be ordered from England for the destruction of wolves, and
that, on its receipt, the same be distributed as formerly by His
Lordship the Bishop of Juliopolis, Dr. Bunn, and Mr. Grant.

61. That this Council do now adjourn.

GEO. SIMPSON, Govr. in Chief.
DUN. FINLAYSON, Govr. of Assiniboia.
ADAM THOM.
WM. COCKEAN.
JAMES BIKD.
JOHN PEITCHAKD.
ALEXANDEE EOSS.
JAS. SUTHEELAND.
GEO. M. CAEY.
* J. MACALLUM..
ANDEEW McDEEMOT.

PIONEER LEGISLATION 30T~

Minutes of a Meeting of the Council of Assiniboia, held5
at Port Garry on the third day of July, one thousand eigh*
hundred and forty-three.

PRESENT • „ 1 '

Sir George Simpson, Governor-in-Chief, President

Duncan Pinlayson, Governor of Assiniboia.

Adam Thorn, Councillor of Assiniboia.

Kevd. Wm. Cockran " "

James Bird,

John Pritchard,

Alexander Koss.

Eobert Logan, "

James Sutherland, " "

George M. Cary,

John Macallum,

Andrew McDermot, "

John Bunn, "

Cuthbert Grant, • "

John Peter Pruden "

Mr. Pruden in his capacity of Councillor of Assiniboia, took
the usual oath.

The President read the subjoined extracts from a Memorial,
or Petition addressed to him, as Governor of Rupert's Land, on
the 17th ulto. by Michel Genton, dit Dauphine, Maximilien,
Genton, dit Dauphine, and Frangois Bruneau, designing themr
selves " les Deputes au nom de leurs Concitoyens."

" La Compagnie apportant tous les ans des pays etrangers--
du Rhum qui se vend a un assez haut prix, sans aucun avantage
pour les habitans, les Petitionaires demandent que la Compa-
gnie fasse plutot, dans le lieu qu'elle voudra, distiller du Ehum
qui pourra se vendre a plus bas prix cette distillerie, dans leur
opinion, leur procurer a le moyen de vendre du grain."

"Les Petitionaires desirent que la Police soit reduite a un-
nombre moins eleve, et dans le cas (que) le conseil ne jugerait
pas convenable a la surete du pays d'eii reduire le nombre, ils
aimeraient a voir changer, tous les ans, ceux dont la place ne
requiert point d'education, afin d'eviter les jalousies de ceux,
qui n'ont point de part a ce petit avantage."

28159— 20$

308 CANADIAN ABCHIVES

To which extracts the President stated that he had replied
as follows: —

" On the subject of a distillery I shall, within ten days or
a fortnight, consult the Council of Assinboia, and shall act in
the matter according to the opinions of a majority of that body.
The Memorialists are aware that there is room for difference of
sentiment with respect to the expediency of distillation ; but I
am happy in assuring them, that the Company has no other
wish than that of promoting the public welfare, and that on
general grounds it will always rejoice in the extension and im-
provement of native manufactures."

"I shall submit to the Council of Assiniboia, at its first
meeting, the views and wishes of the Memorialists with respect
to the Police; but I embrace this opportunity of making it
generally known, that the Company contributes a hundred
pounds sterling a year to the maintaining of the force in ques-
tion."

The President having then submitted to the Council the
question regarding the erection of a distillery, it was, by a
large majority •

Resolved 1st. That a distillery for the manufacture of
native spirits be erected within the District;

And the President having thereafter intimated that the
Hudson's Bay Company would not take the distillery into its
own hands, it was further

Resolved 2nd. That, during the next ensuing six weeks, the
Governor of Assiniboia do advertise for tenders from such indi-
viduals as may be willing to undertake the erection and manage-
ment of the distillery, — such individuals, in bodies of not less
than three, and not greater than six, forming a private partner-
ship.

Resolved 3rd. That, after the expiry of the said period of
six weeks, a Committee of Management be appointed by the
Governor and Council to draw up such regulations and restric-
tions as they may consider expedient, for the management of
ihe distillery, — the following being three of the essential con-
ditions to any bargain that may thereafter be concluded :

1st. That the price of native spirits shall not exceed six
shillings a gallon, including a duty of one shilling per gallon
in aid of the public revenue ; and that the price of barley shall
1>e at least two shillings per bushel ;

PIONEER LEGISLATION 309

2nd. That all purchases and sales shall be effected in ready
money only ;

3rd. That all purchases shall be as fairly as possible dis-
tributed among such producers as are neither partners nor ser-
vants.

Resolved 4th. That after the said tenders shall have been*
received, and the said regulations and restrictions prepared,,
the same be submitted by the Committee of Management afore-
said to the Governor and Council, who shall thereafter take all
other measures that may be necessary for carrying into effect
the object in view.

With respect to the Police it was

Resolved 5th. That the Police Corps (excepting as regards-
the Serjeant-Major and Serjeants as specified in Resolves 7th
and 8th) be continued; but

Resolved 6th. That half the number of Privates of Police
be changed every other year, and that a list of those to be
removed this season, commencing with 1st October next, be pre-
pared by a Committee consisting of the Governor of Assini-
boia, Alexander Ross, James Bird, Robert Logan, and George
Marcus Cary, Esquires, and that the vacancies occasioned by
such removals be filled up by ballot from each District of the
Settlement ; — the parties eligible being householders under the
age of fifty.

Resolved 7th. That the office of Serjeant-Major be abo-
lished.

Resolved 8th. That the number of Sergeants be reduced t.>
three, and that these three be John Spence, J. P. Bourke, and
Louis Battoshe.

Inconvenience having arisen from the present regulations
respecting hay, it was

Resolved 9th. That, after this date no settler shall be at
liberty to cut hay on the common behind the four-mile line until
the twentieth of July, under the penalty of forty shillings,,
and of forfeiting his exclusive right to the hay within the two-
mile line behind his own lot.

Danger being apprehended from an insane Indian, now m
the Settlement, it was,

Resolved 10th. That he be sent to his relations in the neigh-
bourhood of Capel,(1) there to be left; and that Andrew Mc-

1 i.e., at Qu'Appelle.

310 CANADIAN ARCHIVES

Dermot, Esquire, be allowed the sum of five pounds for con-
veying him thither.

It being found exceedingly dangerous and inconvenient to
have the public jail within the walls of Fort Garry, it was

Kesolved llth. That the present jail be abandoned, and
that a new building, to be erected on some suitable spot by the
Hudson's Bay Company, be in future used for that purpose;
the Honourable Company assuming possession of the present
^building, in lieu of that to be erected.

Resolved 12th. That Alexander Ross, Esq., be appointed
'Xjovernor of the new jail with an annual allowance of one
hundred pounds for the management thereof, the said allow-
ance to begin to run immediately after the Governor of the Dis-
trict may put him in charge of the establishment; it being
understood that, out of the above sum, Mr. Boss is bound to
pay the jailor's salary, and to provide fuel for the jail; pro-
zisions to prisoners and the necessary repairs on the building
» feeing defrayed out of the public fund.

Resolved 13th. That this Council do now adjourn.

GEO. SIMPSON", Govr.
DUN. FINLAYSON, Govr. of Assiniboia.
ADAM THOM.
WM. COCKRAN.
JAMES BIRD.
JOHN PRITCHARD.
ALEXANDER ROSS.
/*(!). In pencil added R. LOGAN.

JAS. SUTHERLAND.
GEO M. CARY.
JOHN MACALLUM.
ANDREW McDERMOT.
JOHN BUNN.
CUTHBERT GRANT.
J. P. PRUDEN.

PIONEER LEGISLATION 311

Minutes of a Council held at Fort Garry on Wednesday the
nineteenth day of June, one thousand eight hundred and forty-
four.

Present

Sir George Simpson, Governor-in-Chief, President.
Alexander Christie, Governor of Assiniboia.
Duncan Finlayson, Councillor of Rupert's Land.
Adam Thorn, Councillor of Assiniboia.
The Rt. Revd. Bishop of Juliopolis, Councillor of Assini-
boia.

The Revd. Wm. Cockran, Councillor of Assiniboia.

James Bird, " «

John Pritchard, " «

Alexander Ross, " "

Robert Logan, " "

James Sutherland,
George Marcus Gary,
John Macallum,
Andrew McDermot,

John Bunn, " "

Cuthbert Grant,
John Peter Pruden, "

Resolved 1st. That the new goal be erected on some suit-
able site within reach of the Fort guns.

Resolved 2nd. That Alexander Ross, Esquire, Governor of
the said goal, instead of receiving a salary of one hundred
pounds, with a liability on his part to pay the goaler, and pro-
vide fuel, as per the 12th Res. of Council last year, be allowed
a salary of thirty pounds per annum, on the understanding,
that all expenses connected with the establishment are to be
defrayed out of the public fund ; the said sum of thirty pounds
being intended as a remuneration for Mr. Ross's own trouble.

Resolved 3rd. That, on first June next, the present police
establishment be reduced to fifty men, including officers of all
ranks ; that a strict examination be made into the character of
every individual employed in the capacity of policeman, and
that any of them who may be found guilty of a violation carry
over whether direct or indirect, of the regulations of the Settle-
ment, be instantly dismissed, — the power of such examination
and such dismissal being vested in the magistrates.

312 CANADIAN ARCHIVES

Resolved 4th. That the payment of the policemen's salaries
be, in future, made through the magistrates; who, however,
before paying any policeman his salary, shall require from him
a certificate of good conduct, under the hand of his commanding
officer.

Resolved 5th. That, on payment of twenty shillings ster-
ling, marriage licences may be issued by the Governor of Assi-
niboia to any applicant, who may have declared on oath, that
neither himself, nor his intended wife, is already living in law-
ful wedlock ; the duty to go to the public fund,

Resolved 6th. That in every case in which a person may
have died without a written will, no individual, however near-
ly related to the deceased, shall intermeddle with any property
that may have been left, until he or she has received letters
of administration from the Governor of Assiniboia, who is
hereby authorised to issue the same on payment of five shill-
ijjgs for the benefit of the public fund.

Resolved 7th. That any attempt, on the part of any impor-
ter of goods from the United States, or from any other quarter,
to evade the usual custom-duty, or to underrate the original
cost of such importations, shall render liable to seizure and con-
fiscation all the goods with respect to which such attempt may
have been made.

Resolved 8th. That the sale of malt by settlers to Indians
be hereafter prohibited under the same penalties as refer to the
sale of beer to Indians.

Resolved 9th. That the Board of Works consist of the fol-
lowing gentlemen, vizt:

Robert Logan, Chairman.

Alex. Ross. • George M. Gary.

John P. Pruden, John Charles.

Resolved 10th. That the office of Inspector of Roads and
Bridges be discontinued; and that in place of such officer, the
Board of Works be authorised to employ, on such terms as they
may think proper, some steady labourer ,in repairing the roads
and bridges.

Resolved llth. That during the next ensuing six weeks,
the Governor of Assiniboia do advertise for tenders from such
individuals as may be willing to undertake the erection and
management of a distillery for the manufacture of native
spirits, such individuals in bodies of not less than three, and
rot more than six, forming a private partnership.

PIONEER LEGISLATION 313

Resolved 12th. That, after the expiry of the said period
of six weeks, a Committee of Management be appointed by the
Governor and Council, to draw up such regulations and re-
strictions as they may consider expedient, for the manage-
ment of the distillery, — the following being, in the meantime,
declared to be three of the essential conditions to any bargain
that may hereafter be concluded :

1st. .That the price of native spirits shall not exceed six
shillings per gallon, including a duty of one shilling per gallon
in aid of the public revenue; and that the price of barley
shall be shillings per bushel of Ibs. weight;

2nd. That all purchases and sales shall be effected in ready
money only;

3rd. That all purchases shall be as fairly as possible dis-
tributed among such producers as are neither partners nor ser-
vants.

Resolved 13th. That, after the tenders shall have been re-
ceived, and the said regulations prepared, the same be sub-
mitted by the Committee of Management aforesaid to the Gov-
ernor and Council, who will thereafter take all other steps
that may be necessary for carrying into effect the object in
view.

Resolved 14th. That this Council do now adjourn.

G. Simpson, Governor.

Alex. Christie, Gov. of A^siniboia.

Adam Thorn.

f J. "N. Bishop of Juliopolis.

Wm. Cockran.

John Macallum.

James Bird.

John Pritchard.

Alexander Ross.

Geo. M. Gary.

John Bunn.

Andrew McDermot.

Cuthbert Grant.

J. P. Prnden.

Minutes of a Council held at Fort Garry on Thursday the
third day of April, one thousand eight hundred and forty-five.

314 CANADIAN ARCHIVES

Present.

Alexander Christie, Gov. of Assiniboia, President.
Adam Thorn, Councillor of Assiniboia.
Et. Rev. the Bishop of Juliopolis Councillor of Assiniboia
The Rev. Win. Cockran,

James Bird, " "

John Pritchard, " . "

Alexander Ross5 " "

Robert Logan, " "

George M. Gary, " "

The Rev. John Macallum, " "

Andrew McDermot, " "

John Bunn, " "

Cuthbert Grant , " "

John Peter Pruden, " "

The President having stated that he had called the present
meeting in consequence of Mr. Bird, the Collector, having on
Monday last informed him that certain importers of Amer-
ican goods had refused to pay the duty on their imports, — re-
questing, at the same time, the President's instructions as to the
steps that should be taken for enforcing payment of the same.

The Council declined sharing with the Collector any part
of the responsibility.

The following resolutions which were proposed by Mr.
Thorn, and seconded by Dr. Bunn, were then unanimously
passed, viz:

Whereas all matters of general interest ought to be
tried and adjudged before the general Court, it is

Resolved 1st. That all questions of revenue or prohibition
or licence, however inconsiderable may be the amount of the
claim, shall be determined by the Governor and Council and
a Jury:

Whereas, in the absence of written agreements, the
best evidence is commonly to be found in the breasts of the
parties themselves, It is

Resolved 2nd. That, in all cases coming before .the General
Court, the plaintiff may summon the defendant, or the de-
fendant may summon the plaintiff as a witness ; and it is

Resolved 3rd. That Adam Thorn, John Bunn, and Alex-
ander Ross, Esquires, shall be a commission for examining such
parties according to the English principles of equity ; and it is

PIONEER LEGISLATION 315

Resolved 4th. That the results of such examinations shall
go as evidence to the Jury, either with or without any other
evidence. It was

Resolved 5th. That this Council do now adjourn.

Alex. Christie, Governor of Assiniboia.

Adam Thorn.

t J. 1ST. B. of Julipolis.

James Bird.

John PrPitchard.

J. P. Pruden.

Wm. Cockran.

J. Macallum.

Cuthbert Grant.

John Bunn.

Minutes of a Council of the Governor and Council of As-
siniboia, held at Fort Garry on the sixteenth day of June,. one
thousand eight hundred and forty-five.

Present.

Sir George Simpson, President.

Alexander Christie, Governor of Assiniboia.

The Rt. Rev. Bishop of Juliopolis, Councillor of Assiniboia

Adam Thorn, " u

The Rev. Wm. Cockran, " "

The Rev. John Macallum, " "

James Bird,

Alexander Ross, " "

John Pritchard,

Robert Logan, " "

John Bunn,

George M. Gary,

Andrew McDermot,

John Peter Pruden, " "

At the President's request, there was read a petition from
Charles Laurance, Dominique Ducharme, Peter Garriock,
Henry Cook, Peter Hayden and Alexis Goulait, to the Gover-
nor and Council, praying for relief from the payment of the
usual duty on their imports from the United States, the consid-
eration of which Petition, it was agreed, should be referred to
the meeting of Council to be held on Thursday next, the nine-
teenth instant.

316 CANADIAN ARCHIVES

The President then stated, that, considering the extent to
which the illicit manufacture of spirits was understood to pre-
vail in the Settlement, the expediency of erecting a public dis-
tillery appeared to be a question that ought now to be taken up,
and suggested that in the event of the Council being of opinion
that such an establishment would lead to the suppression of
illicit distillation, the Governor and Council of Assiniboia,
on behalf of the Settlement, should proceed with the undertak-
ing in question.

The Council, deeming it highly probable that the estab-
lishment of a public distillery would greatly discourage, and
ultimately put down, private distillation, expressed an un-
animous opinion in favor of the measure; but being, at the
same time, satisfied that, unless the distillery be placed in the
hands of the Company, it will not be productive of that desir-
able end, the Council strongly recommended the Company to
assume its direction and management.

The reduction of the police corps being deemed advisable,
it was

Resolved 1st. That all existing rules and regulations re-
garding the police, excepting as regards the oath, be rescinded ;
and it was

Resolved 2nd. That, on first July next, the present corps
be discharged.

Resolved 3rd. That, immediately thereafter, the Court of
Governor and Council shall select and appoint fifteen efficient
men as constables, for the execution of writs, and generally,
for the discharge of all those duties which have hitherto de-
volved upon the officers of police, these duties being specified
in the foresaid oath:

Resolved 4th. That the amount of salary and the mode of
paying the same be as follows: For each day's actual service
on public duty, the constable shall, in the first instance, re-
ceive three shillings and six pence, and that, over and above
these daily payments, he shall, at the end of every year, be
paid such a sum as, with the said payments, shall amount to
twelve pounds;

Resolved 5th. That it shall be in the power of any Magis-
trate temporarily to suspend, and of the Court finally to dis-
miss, any or all of the said constables for dereliction of duty,
• — it being understood that, in the event of dismissal, a con-
stable shall not be entitled to payment of more than the amount

PIONEER LEGISLATION 317

of the value of his actual services, at the said rate of three
shillings and sixpence a day.

The Council, considering the efficiency with which Mr.
Ross has discharged the duties of his office of Commander of
Police, unanimously.

Resolved 6th. That the Council tender Mr. Ross an ex-
pression of the sense they entertain of the value of his public
services.

Much injury to the flocks of the Settlement arising from
rams being permitted to roam the plains from the first of July
to the first of November, it was

Resolved 7th. That any person finding a ram straying
during the said period shall be entitled to seize and detain the
animal until the owner thereof pay him the sum of ten shill-
ings.

Certain resolutions having been read to the Council b^
Councillor Thorn, it was

Resolved 8th. That the consideration of the same be refer-
red to the meeting to be held on the nineteenth instant.
Resolved 9th. That this Council do now adjourn.

Alex. Christie, Governor of Assiniboia.
Adam Thorn.
J. "N., B. of Juliopolis.
Wm. Cockran.
J. Macallum.
James Bird.
Alexander Ross.
John Pritchard.
Andrew McDermot.
John Bunn.
J. P. Pruden.
Cuthbert Grant.

Minutes of meeting of the Governor and Council of As-
siniboia, held at Fort Garry, Red River Settlement, on Thurs-
day the nineteenth day of June, one thousand eight hundred
and forty-five, (1) at which were present
Sir George Simpson, President.
Alexander Christie, Governor of Assiniboia.
Adam Thorn, Councillor of Assiniboia.

1 In his History of the North West (i. 259) Begg states that on June
10, 1845, Minutes of Council differing somewhat from these of June 19,
1845 were passed. The Minutes to which Begg refers were of a meeting
of the Governor and Council of Rupert's Land, held at the Ked River
Settlement, June 10, 1845. They are to be found in the Appendix.

318 CANADIAN ARCHIVES

The Et. Eev. The Bishop of Juliopolis Councillor of Assi-

[niboia.]
The Eev. Wm. Cockran, " "

The Eev. John Macallum, " "

James Bird, " "

Alexander Eoss,

John Pritchard, " "

John Bunn,
George M. Gary,
Andrew McDermot,
John Peter Pruden,
. Cuthbert Grant, ." "

The minutes of the preceding meeting having been con-
firmed the resolutions which were then proposed by Mr.
Thorn, were carried unanimously; the tenor thereof being as
follows : —

Import Duties.

Whereas the economy of fuel and the comfort of the peo-
ple are objects of great and growing importance, It is

Eesolved 1st. That, once in every year, any British subject
if an actual settler, and not a public defaulter, may import,
whether from Groat Britain or from St. Peter's, stoves free of
duty, whether already imposed, or now about to be imposed, on
declaring truly that they have been imported on his own ac-
count, and at his own risk.

AVLereas the exportation of the productions and manufac-
tures of the Settlement cannot fail to be generally beneficial to
the community at large, it is

Eesolved 2nd. That, once in every year, any British sub-
ject, if sn actual settler, and not a public defaulter, may ex-
empt from duty, as before, imports of the local value of Ten
Pounds, on declaring truly that they are intended exclusive-
ly to be used by himself within the Settlement, and have been
purchased with certain specified productions or manufactures
of the Settlement, exported, in the same season, or by the
latest vessel, on his own account, and at his own risk;

And whereas those who hazard their lives for the general
convenience are peculiarly entitled to indulgence, it is

PIONEER LEGISLATION 319

Eesolved 3rd. That, if any British subject, being an actual
settler, and not being a public defaulter, may have personally
accompanied both his exports and imports, as defined in the
second resolution, he may, once in every year, exempt from
duty, as before, imports of the local value of Fifty Pounds,
on declaring truly that they are either to be consumed by him-
self, or to be sold by himself alone- to actual consumers, within
the Settlement, and have been purchased with certain specified
productions or manufactures of the Settlement, carried away
by himself in the same season, or by the latest vessel, on his
own account and at his own risk.

Whereas this country is morally bound, unless in very
special cases, to adopt and enforce the national laws for regu-
lating the foreign trade of the colonies, it is

Resolved 4th. That all articles imported into the judicial
district, whether mediately or immediately, from the United
States, excepting as hereinbefore excepted, and excepting also
the produce of the chace, shall be subjected to 5 & 6 Vic-
toria, ch: 49, the statute which regulates the foreign trade of
the British Possessions in America, (1) —Provided, however,
that all extraneous commodities shall be presumed to have been
imported from the United States by and for all their suc-
cessive possessors jointly and severally, unless proved on their
behalf to have been imported from the United Kingdom ;

Whereas certain alternative rules for the ascertaining of
the true value of imported goods are embodied in the imperial
act aforesaid, it is

Resolved 5th. That, in order to prevent uncertainty and
deception, the rule for determining the actual local value shall
alone be retained.

And whereas the imperial act aforesaid is enforced by
such means and applied to such purposes, as are neither at-,
tainable nor expedient in this country, it is resolved

6th. That all its seizures shall be effected by the con-
stables, or in the absence of a sufficient number of the same,
by any person or persons whatever, and shall be equally divid-
ed between the public fund and the seizing party ; and that all
its general forfeitures, which may accrue through any con-

1 An Act to amend the Laws for the Regulation of the Trade of the
British Possessions abroad, July 16, 1842. This Act repealed Duties under
4 Geo. Ill, c. 15; 6 Geo. Ill, c. 52; 14 Geo. Ill, c. 88; repealed Prohibitions
established by Possessions Act. It established a Table of Prohibitions
and Restrictions including Gunpowder, Ammunitions, Coffee, Sugar,
Molasses, Rum, Counterfeit Coin and Prohibited Books. It established
a Table of Duties and a Table of Exemptions.

320 CANADIAN ARCHIVES

viction of felony or any outlawry, and also all its specific
penalties and discretionary fines, shall go to the public fund
alone ;

Whereas a multiplicity of jurisdictions ought, if possible,
fro be avoided, it is resolved

7th. That these six resolutions shall not be in force
till they are acknowledged by the Governor-in-Chief,
to operate thenceforward in favour of British subjects, being
actual settlers, and not being public defaulters, as a licence
for the importing and selling of American goods, similar, in its
limitations and conditions, to the licence already issued for the
importing and selling of English goods, but shall be in force,
thereafter, so long as they may continue to be so acknow-
ledged.

Improvement of Agriculture and Manufactures.

Whereas this secluded Settlement must, in a great
measure, rely on its own internal resources, as distinguished
from foreign trade, it is

Resolved 8th. That the Bishop of Juliopolis, the Rev.
John Macallum, Captain Gary, Dr. Bunn, and Mr. Pritchard,
be a Committee of Economy, with power to encourage by pre-
miums or otherwise the improvement of manufactures and
such branches of agriculture as may bear on such improve-
ment, either by producing materials or by saving time and
it is

Resolved 9th. That the said Committee may import, duty
free, such seeds and drugs and implements and other things
as may appear likely to be beneficial, and shall sell the same
at cost and charges, under proper guarantees against their
being resold; and it is

Resolved 10th. That the said Committee shall endeavour,
within the next ensuing year, to estimate the expense and the
returns of such machinery and artizans as may enable the
native woollens and linens to come into competition with im-
ported manufactures.

And whereas the Hudson's Bay Company has offered to
equal any municipal grants, that may be" paid out of each
year's actual revenue for carrying these three resolutions into
effect, to the amount of one hundred pounds a year, on the
single condition that all claims of the public fund for duties,
penalties, and the like, shall previously have been either paid
in fact or satisfied in law, it is

PIONEER LEGISLATION 321

Resolved llth. That the said Committee be empowered to
draw from the actual revenue of the current year a sum not
exceeding one hundred pounds, so as to command resources not
exceeding two hundred pounds in all, the whole to be accounted
for in detail at the first meeting of Council after the close of
May next.

The Intoxicating of Indians.

Whereas by reason of the interested reluctance of the
Indians, and of the mistaken delicacy of the settlers, the law
is found to be, in a great measure, inoperative for want of
evidence, it is

Resolved 12th. That all existing regulations on. the subject
shall be henceforward repealed, excepting as to the restitution
of the price, — provided, however, that though malt or beer or
spirits, or any other means of intoxication, may have formed
only part of the equivalent, or may have been ostensibly added,
as a gift, to a full equivalent, yet restitution shall be made of
the whole price, either in its identical ingredients or in their
highest pecuniary values, at the Indian's option, — the wyhole
equivalent being, for this and every other purpose, absolutely
illegal.

Whereas the Indians, though less guilty than their seducers,
are yet not wholly innocent, it is

Resolved 13th. That, if any Indian be inebriated, or com-
mit, or threaten to commit, any unprovoked violence, he shall,
either then or afterwards, be bound with two sureties to his
good behaviour by any one magistrate ; and that, in deffult of
such security, he shall be kept in gaol, if he was not in liquor,
for one calendar month, or, if he was in liquor, till he pro-
secute the party guilty of furnishing the means of intoxication,
—Provided, however, that his unsupported testimony- shall not
be conclusive against any but convicted or reputed offenders.

Whereas the varieties of the offence ought to be punished in
proportion to their respective degrees of criminality, it is

Resolved 14th. That the furnishing of any vessel for the
purpose of brewing or of preparing to brew shall incur a. pen-
alty of two pounds, the furnishing of malt a penalty of three
Ipounds, the furnishing of fermented drinks, a penalty of
five pounds, and the furnishing of distilled liquors, or of any
other means of intoxication, a penalty of ten pounds, each

28159—21

322 CANADIAN ARCHIVES

variety being a separate offence, even if accompanied by any
other variety or varieties, — provided, however, that, in default
of express evidence to the contrary, any charge, when once
established in any other way than by actual confession in open
Court, shall be presumed to have been established in the high-
est degree or degrees.

Whereas respectable individuals will be more ready to inter-
pose for the vindicating of the law, if they are cleared from the
suspicion of interested motives, it is

Resolved 15th. That all the penalties of the immediately
preceding resolution, and all the penalties and fines and seiz-
ures and forfeitures generally of the resolutions of this date,
shall be enforced and appropriated and divided according to
the tenor of the sixth of these resolutions, in the same way as
if arising under the imperial act aforesaid.

Whereas it may be desirable still further to provide against
the difficulties of obtaining evidence, it is

Resolved 16th. That, without establishing any individual
offence in a circumstantial way, the general habit of violating
the law may be criminally indicted as a common nuisance, and
shall be punished, on conviction, by discretionary fine and dis-
cretionary imprisonment, and, further, by the exacting of
security, before liberation, for one whole year's good behaviour ;
and it is

Resolved 17th. That, if the offender, whether prosecuted
for an individual offence or for the general habit, influences,
or attempts to influence, the testimony of such members of his
famihr as a painful necessity may compel the l£gv to call as
witnesses, against him, or the testimony of any other person,
whatever, he shall be held guilty, as on his own implied con-
fession,— provided, however, that he shall still be liable to all
the pains and penalties of the grave misdemeanour of tamper-
ing with the course of Justice.

Whereas in order to prevent evasion, it i^ necessary to
define the offenders, and also still further to define the offence,
it is

Resolved 18th. That any Indian, who may furnish any
prohibited vessel or substance, or may be instrumental in doing
so, shall be held to be as guilty as any other person, who may
furnish the same, — provided, however, that in his case, the
competent court, if it see fit, may substitute discretionary
imprisonment for pecuniary penalties or fines ; and it is

PIONEER LEGISLATION 323

Resolved 19th. That any reputed Indian, or any member
of an Indian nation, shall be held to be a real Indian to the
utter exclusion of any evidence of parentage or descent,
whether he has offended by furnishing the means of intoxica-
tion, or by using the same or in any other way whatever,
specified or to be specified; and it is

Resolved 20th. That, if any person possess, or have pos-
sessed, malt or beer or spirits, or any other means whatever
of intoxication, in the society or tent or camp of any Indian
v/ithin the limits of the Settlement, he shall be held guilty
of furnishing such means of intoxication to Indians, and
shall forfeit the same over and above any other punishment
or punishments, — provided, howrever, that this resolution shall
not affect any householder for possessing, as before, in the
society of the Indian members of his own family ; and it is

Resolved 21st. That, if any person possess, or have pos-'
sessed, malt or beer or spirits, or any other means what-
ever of intoxication, beyond the limits of the Settlement, he
shall be liable as in the last preceding resolution, unless he
make oath, or at the option of the competent tribunal, give
other satisfactory proof, that he intends to use, or has used,
such means of intoxication merely for his own consumption
and for gratuitious distribution among such of his own original
and permanent attendants as mav not be Indians, or shall
produce lawful authority for his possessing or having pos-
sessed as aforesaid.

Distillation.

Whereas the Hudson's Bay Company has intimated its
intention of immediately establishing a distillery in compli-
ance with the often repeated solicitations of the settlers, it is
Resolved 22nd. That the Settlement is morally and equit-
ably bound, as far as possible, both to protect the Honourable
Company against illicit competition, and to shield the public
from the probable abuse of a larger supply of ardent spirits;

And whereas the offence of unauthorized distillation shall
become more criminal when it shall be rendered less excusable,
it is

Resolved 23rd. That the penalties, instead of ranging
from two pounds to ten, shall be ten pounds for each and every
instance of accomplishing, or of attempting, the manufacture
of illicit spirits, or of owning, or of possessing, such spirits,

28159— 21i

324: CANADIAN ARCHIVES

or anything prepared or intended for the manufacture of the
same, reserving, of course, the Honourable Company's right
of action, in all such cases, for civil damages ;

And whereas, with immediate reference to the close of the
last preceding resolution, the Governor and Council of
Rupert's Land, in order to qualify the existing president of
the Court for sitting on causes in which the Honourable Com-
pany's mercantile interests may" be involved, have enacted that,
during pleasure, all beneficial judgements, in such causes
shall, ipso facto, be vested in the Committee of^ Economy, for
public purposes, to be specified in each case at the instant,
it is

. Resolved 24th. That such judgements shall be at once
entered in favour of the collector acting on behalf of the Com-
mittee of Economy.

Whereas the Honourable Company has further undertaken
to reduce its native spirits to proof strength, and to tinge them,
if possible, with a peculiar hue not easily imitated, it is

Resolved 25th. That if any person possess, or have pos-
sessed, any spirits of a different strength or hue, he shall be
held to be guilty under the "last resolution but one, and shall
incur the penalties and liabilities thereof, unless he can satis-
factorily account for such difference of hue or of strength, or
may prosecute to conviction some person more guilty in the
matter than himself;

And whereas the Honourable Company has further intim-
ated its intention of selling its native spirits at six shillings a
gallon, in quantities not less than half a gallon, it is

Resolved 26th. That suitable applicants may receive from
the acting governor gratuitous licences permitting and obliging
them, during all lawful days, and at all reasonable hours, to
retail, on their respective, premises, the Honourable Company's
native spirits in duly measured quantities less than half a gallon
for ready money only, on becoming bound, jointly and sever-
ally with two sureties each, 'in the sum of ten pounds^ not to
act against or beyond the authority of their respective licences,
or to" allow their respective premises to become common nuis-
ances in the way of tippling, over and above their general
liability to punishment and restitution in the event of furnish-
ing spirits to Indians ; and it is

Resolved 27th. That, if any unlicensed person retail or sell
or barter or lend, or collusively present spirits of any descrip-
tion in any quantity, or on any terms, he shall incur, in each

PIONEER LEGISLATION 325

and every case, a penalty of ten pounds, over and above his
general liability to punishment and restitution in the event of
furnishing spirits to Indians.

Whereas the Hudson's Bay Company has undertaken to
pay, for the benefit of the Settlement, a duty of a shilling a
gallon on all the native spirits which it may manufacture, it is

Eesolved 28th. That the same shall go to the general fund,
if all other claims of the Settlement for duties, penalties and
the like, have previously been either paid in fact or satis-
fied in law; but that otherwise it shall be vested in the Com-
mittee of Economy.

Collection of Revenue, etc.

Whereas the enforcing of the pecuniary claims of the com-
munity will, henceforward, be a matter of more than usual
importance, it is

Resolved 29th. That, instead of receiving a fixed, salary,
the Collector shall be remunerated by the following rates per
cent :

On Duties 4 per cent.

On Penalties, fines, etc 12 "

Provided, however, that/ in respect of all duties remitted
under the first three of these resolutions, the collector shall still
receive half of the aforesaid rate of 4 per cent.

Miscellaneous.

Whereas any declaration, which is invested with the force
of an oath for any purpose, ought also to be invested, in a cor-
responding degree, with the sanctions of the same, it is

Resolved 30th. That any wilfully false declaration which
may be made under any of the foregoing resolutions, shall be
so far deemed perjury as to disqualify the guilty party for being
ever afterwards admitted to make any of the foregoing declara-
tions.

•Whereas inconvenience has often arisen from the incom-
petency of the courts to regulate the cost of summonses, and the
fees for serving the same, it is

Resolved 31st. That each court shall, henceforward, be com-
petent to make regulations in the premises, — provided, however,
that the reflations of the inferior courts shall not be in foroe

326 CANADIAN ARCHIVES

till sanctioned and signed by the acting Governor of the dis-
trict. %

Whereas uniformity of interpretation and brevity of expres-
sion are objects of great importance, it is

Resolved 32nd. That the resolutions of this date, or of any
subsequent date, and all laws to which they refer, shall be ex-
plained and enforced according to the preliminary regulations
of 1841, excepting when such laws and resolutions may them-
selves have provided to the contrary.

Whereas the publication and explanation of these resolu-
tions are iighly expedient, it is

Resolved 33rd. That one placarded copy be suspended in
the Court-house, and another in the office of Upper Fort Garry,
that folded copies be deposited, not as private property, but
as a public trust, with the Governor, the recorder, the magis-
trates, the officers of police, and the clerk of the Court, and
also be respectfully presented, under the same restriction, to
the clergy of both denominations; and, lastly, that copies, in
both languages, be read aloud and explained at the meetings
of the General Court in November and February of each year,
and at such other meetings of the same as the Governor may
select for that purpose; the constables being always, specially
bound to attend, and receiving a day's pay on each occasion.

Resolved 34th. That the Board of Works be instructed to
establish a public ferry between Captain Gary's and the
opposite sides of the Assiniboine and Red Rivers, at an expense
not exceeding ten pounds for the ensuing year.

Resolved 35th. That next Sunday the resolutions passed at
last meeting regarding the police, and the straying of rams,
be published on the church doors.

A Petition having been presented by Mr. Ross from
Angus Matheson and others, deprecating the prevalence of
illicit distillation, and praying the Governor and Council to
establish a distillery, as being in the opinion of the peti-
tioners, the best means of checking that growing evil, the
petition was cordially received and fully considered, and it
was

Resolved 36th. That the petitioners be referred, for an
answer, to the resolutions of this date, from the 12th to the
28th inclusive.

With reference to the petition of Charles Larance and
others, which was read at the preceding meeting, and again
fully considered, it wras

PIONEER LEGISLATION 327

Resolved '3 7th. That the petitioners be referred, for an
.answer to the first three resolutions of this date; and it was
further

Resolved 38th. That the said petition abounds in imputa-
tions and opinions which are equally irrelevant and erroneous.

Mr. Bird having tendered his resignation as collector, it
was

Resolved 39th. That the offices of Governor. of the gaol and
Collector of the public revenue be combined; and it was

Resolved 40th. That, in addition to the governorship of
the gaol, the office of collector be vested in Mr. Ross.(1)

Dr. Bunn having called on Mr. Bird for account of the
public revenue and expenditure for the last five years, Mr.
Bird produced a statement thereof; and it was

Resolved 41st. That Captain Gary, Mr. Ross, and Dr.
Bunn be appointed as a Committee to examine the said
accounts, and to report thereon to the Council.

Resolved 42nd. That this Council do now adjourn.

ALEX. CHRISTIE,

Governor of Assiniboia.
ADAM THOM,
J. BISHOP of JULIOPOLIS,
ALEXANDER ROSS,
GEORGE M. CARY,
JOHN PRITCHARD,
ANDREW McDERMOT,
JOHN BUNN,
J. MACALLUM,
J. P. PRUDEN,
CUTHBERT GRANT.

Minutes of a Council held at Fort Garry on the fifteeenth
day of January, one thousand eight hundred and forty seven.

PRESENT

Alex. Christie, Governor of Assiniboia.

Adam Thorn, Councillor of Assiniboia.

Major J. Crofton, Councillor of Assiniboia.

The Rt. Rev. Bishop of Juliopolis, Councillor of Assiniboia

1 A number of documents in the collection found in the Manitoba
Provincial Library dates from the period when Mr. Ross was collector.

328 CANADIAN ARCHIVES

The Kev. J. Maeallum, Councillor of Assiniboia.

John Pritchard, " "

Alex. Boss, " "

Geo. Marcus Carey, " "

John Bunn, " "

Andrew McDermot, " "

J. P. Pruden, " "

Cuthbert Grant, " "

Whereas the inhabitants of this District are strongly bound,
as well by a feeling of gratitude, as by a sense of interest, to
assist in promoting the efficiency of Her Majesty's Forces,
stationed among them, it is unanimously resolved :

First. That, if any person shall do anything to occasion, or
to suggest or to facilitate or to encourage in any soldier the
military offence of being absent from barracks without a pass,
or contrary to the tenor of his pass, he shall incur a penalty of
five pounds, together with five shillings, both for each hour and
for each mile involved, or intended to be involved, in the whole
of such military offence, from beginning to end; Provided,
however, that, if his liabilities, with respect to one and the
same soldier, shall exceed twenty pounds, he shall, in place of
paying such excess, give security to thrice the amount of the
same not exceeding in all fifteen pounds, not to leave the Settle-
ment for six months, to be reckoned from the day of paying
such twenty pounds.

Secondly. That, if any person (other than the Hudson's
Bay Company), till a system of issuing licences shall have been
actually introduced, shall sell or barter or lend or collusively
present spirits of any description to any soldier, he shall incur
a penalty of five pounds for every separate offence.

Thirdly. That, if any person after having been convicted
under any one of the two preceding resolutions shall Ife again
convicted under either of them the second resolution shall with
regard to him be thereafter extended to wine, beer, etc.,
malt as well as to spirits. Provided, however, that if such per-
son's liabilities under either conviction shall exceed twenty
pounds the resolution in question shall, with regard to him be
further extended to all extraneous articles as such, whether
imported by himself or by others. Provided, moreover, that
separate penalties, under the first resolution, with respect to
the simultaneous breach of duty of more than one soldier, shall
not, for this purpose, be held to imply separate convictions.

PIONEER LEGISLATION 329.

Fourthly. That, these penalties and their incidental addi-
tions shall not be understood to be substituted for any other
punishment under any other Law.

Fifthly. That in every instance, the offender shall be
detained in custody, until he shall have discharged his liabili-
ties,— Provided, however, that the detention of his person shall
not exempt his property from being seized and sold to discharge
the same.

Sixthly. That, the whole of these penalties and their inci-
dental additions shall go to the public good, but meanwhile shall
form a separate fund for future appropriation.

Seventhly. That, as the exportation of the productions and
manufactures of the Settlement is, at present, in consequence
of the numerous wants of Her Majesty's Forces and other cir-
cumstances, not so desirable as to justify public encourage-
ment, all the resolutions which exempt imports from duty in
consideration of such exportation, shall be suspended for three
years with respect to the returns of exported cattle, and for one
year with respect to the returns of all other exported articles.

Eighthly. That, as the evil which the first resolution
proposes to remedy may extend beyond the limits of
our direct and positive jurisdiction, it ought, if
possible, to be further remedied; that, therefore, the duty
on stoves shall not be remitted unless under a declara-
tion, which, if false, shall be deemed perjury, to the
effect that the importer has neither within Her Majesty's Domi-
nions, nor without, done anything to counteract the object of
such first resolution, and that if the Hudson's Bay Company,
as it is hereby respectfully requested, refuse to issue any licence
of trading unless under a similar restriction, any declaration,
in that case, if false, shall also be deemed perjury.

Ninthly. That these resolutions shall be in force from and
after the 22nd instant.

Tenthly. That, from and after the first of March next, no
person shall be allowed to sell or barter beer to be drunk on his
premises without a licence — such licence to be subject to such
restrictions as may be enacted by this Council on or before the
twenty-second of February next.

At the commencement of the proceedings Major Crofton
having submitted to the Council his appointment as a Coun-
cillor of Assiniboia by the Governor and Committee of the

330 CANADIAN ARCHIVES

Hudson's Bay Company, the usual oath being administered,
Major Crofton took his seat accordingly.

Andrew McDermot also took the usual oath as a Councillor
of Assiniboia. It was resolved

Eleventhly. That, this Council do now adjourn.

ALEX. CHRISTIE,

Gov. of Assiniboia.
ADAM THOM,
J. CROFTON,
f J.N.B. of Juliopolis,
J. MACALLUM,
JOHN PRITCHARD,
ALEXANDER ROSS,
ANDREW McDERMOT,
JOHN BUNN,
J. P. PRUDEN,
CUTHBERT GRANT,

Minutes of a Council held at Fort Garry on the nineteenth
day of February, one thousand eight hundred and forty seven.

PRESENT

Alexander Christie, Gov. of Assiniboia.

Adam Thorn, Councillor of Assiniboia.

Major J. Crofton, Councillor of Assiniboia.

The Rt. Rev. Bishop of Juliopolis, Councillor of Assiniboia.

The Rev. J. Maeallum, Councillor of Assiniboia.

John Pritchard,

Alex. Ross,

Geo. Marcus Carey,

John Bunn, «

Andrew McDermot, " "

J. P. Pruden,

Cuthbert Grant,

Whereas the contemplated restrictions on the sale of beer
ought, in reason and justice, to be adapted to the advanced
state of the season, and to the scarcity of malt ,it is resolved:

First. That licences shall be issued, without any charge,
to suitable applicants, for selling Beer, in their respective

PIONEER LEGISLATION 331

houses, and for permitting such beer either to be drunk on
their respective premises or to be carried away from the same,
between the beginning of March and the end of November
next, — Provided that such licences shall not extend, for any
purpose whatever, to. the hours between nine in the evening
and seven in the morning, or to Sunday before the hour of
four in the afternoon;

Secondly. That, if any privileged party go beyond his
licence, or pervert the same to the disturbing of his neighbours
or to the infringing of any existing law, any magistrate, on
the oath of any individual, shall, or, of his own personal
knowledge, may, indefinitely suspend such licence;

Thirdly. That, . the party whose licence may have been thus
suspended, may appeal to the General Court, — Provided, how-
ever, that, if he be convicted by the jury, he may be adjudged
by the bench, over and above the forfeiture of his licence,
to be incapable, for not more than three years, of holding any
public office, or of enjoying any public privilege;

Fourthly. That, so long as any person may possess a
licence for selling beer, he shall be subjected to all the fore-
going restrictions with respect also to wine or spirits;

Fifthly. That, during the nine months aforesaid, whether
there be any licensed person or not, if any unlicensed person,
other than the Hudson's Bay Company, or if any person whose
licence may be suspended, sell or barter or deliver beer in any
smaller quantity than the full contents of a keg reputed to
contain eight gallons, or between nine in the evening and seven
in the morning, or on Sunday at all, or allow beer, wherever
procured, to be drunk, at any time or to any extent, on his
premises, or with the help of his vessels, unless at his own
exclusive expence, he shall pay one pound, in each separate
.case, over and above the penalty, if incurred, of furnishing
liquor to Indians.

Sixthly. That, the aforesaid licences shall be distributed,
en Friday, the 26th February current, by the magistrates sit-
ting in the open court house, with the constables in attendance,
due regard being had to the qualifications of each applicant,
and to the position of his place of abode.

Whereas the state of the revenue is an object of the highest
importance not only in its direct tendencies, but also in its inci-
dental bearings, it is unanimously resolved :

Seventhly. That, a committee of finance be appointed, with
unlimited powers of enquiring and recommending, and that

332 CANADIAN AEG HIVES

such committee do consist of Mr. Thorn, Captain Carey, Dr.
Bunn, Mr. Pritchard and Mr. Boss.

Eighthly. That this Council do now adjourn.

ALEX. CHBISTIE, Gov. of Assiniboia.
ADAM THOM,
J". CBOFTON,
t J. N. B. of JULIOPOLIS,
J. MACALLUM,
JOHN PEITCHABD,
ALEXA1STDEE BOSS,
ANDREW McDEBMOT,
JOHN BUNN,
J. P. PBUDEN,
CUTHBEET GRANT.

Minutes of a Council held at Fort Garry on the 20th day
of May, one thousand eight hundred and forty-seven.

PRESENT

Alexander Christie, Governor of Assiniboia.

Adam Thorn, Councillor of Assiniboia.

Major J. Crofton,

The Et. Rev. Bishop of Juliopolis,

The Rev. J. Macallum,

John Pritchard, " "

Alex. Eoss,

Geo. Marcus Carey,

John Bunn,

Andrew McDermot,

J. P. Pruden,

Cuthbert Grant, "

Also present by invitation, John Edward Harriott, C.F.

The President having stated that he had assembled the
Council for the purpose of considering a recommendation from
the Finance Committee, as to allowing spirits to be imported
into the Settlement from the United States, on such conditions
as the Council might think proper to impose, the Council
unanimously passed the following resolutions, viz:

First. That, spirits of proof strength and liqueurs may be
imported from the United States, at a duty of two shillings a

PIONEER LEGISLATION 333

gallon in addition to the present duty, which consists of four
per cent on prime cost, and a shilling a gallon;

Second. That spirits of more than proof strength shall pay
a proportional increase of the foregoing duties;

Third. That spirits of less than proof strength shall be for-
feited ;

- Fourth. That spirits or liqueurs, if imported in any vessel
not full, or in any vessel of less than eight gallons, shall be for-
feited ;

Fifth. That if any spirits, under any circumstances, be
left by the way on this side of St. Peter's, or be broached or
removed before payment of duty, or remain in the Settlement
more than twenty-four hours without being truly reported, as
to quantities and strengths, to the collector, then the whole of
the foregoing duties in respect of the same shall be exacted
threefold from every person concerned in evading or neglecting
the law, — the duties, in each case of the kind, being estimated
on the highest strength and greatest cost of any spirits imported
in the same season;

Sixth. That Wines may be imported from the United States
at a duty of one shilling a gallon, in addition to the existing
duty of four per cent on the prime cost, and seven per cent on
the local value, estimated at three-fourths of the average price
of all the wines imported and sold by the H. B. Co., subject,
however, to the fifth resolution, and, unless conveyed in pack-
ages containing not fewer than two dozen bottles, to the fourth
resolution also;

Seventh. That down to the last day of December in each
year, British subjects, who may have gone and come in 'the same
season, and accompanied the whole of their importations all the
way from St. Peter's to their own homes, may sell on their own
account, for ready money only, such spirits as they may have
imported at their own risk, in quantities not less than two
gallons, and of a strength not less than proof; ,

Eighth. That if, after the twenty-fourth of this month, any
other person, with the exception of such individuals as may
hereafter be licensed, sell, whether by himself or through others,
spirits of any strength or of any country, he shall make full
restitution of the equivalents, and pay five pounds for every
separate offence, and also one pound for every separate gallon
of spirits or spirituous mixture so sold;

334 CANADIAN ARCHIVES

Ninth. That if any importer, who may be privileged as
aforesaid, go beyond his authority, as expressed in the seventh
of these regulations, he shall be liable, under the eighth regula-
tion, as if he had never been privileged in any way;

Tenth. That the collector, whenever the evidence of his
own senses may not be sufficient, shall, in addition, if possible,
to other proof, invariably take the written declaration of every
party interested with regard to the point at issue; and that, if
such declaration be ascertained to be false, the guilty party
shall pay a penalty of ten pounds over and above all that he
may have evaded, or tried to evade, thereby;

Eleventh. That these regulations shall not affect the regula-
tions of January last, or any other regulations whatever; nor
shall the operation of one of themselves prevent the operation
of any one of the rest;

Twelfth. That neither these, nor any other regulations shall
be understood to permit any trade of any kind with the United
States, unless to and from St. Peter's, or any other place be-
yond it having a custom-house or some equivalent establish-
ment ;

Thirteenth. That these regulations, as a matter of course,
neither supersede nor restrict the rights of the Hudson's Bay
Company, in any way ; nor do they control its business, except-
ing as to payment of duties.

Fourteenth. That this Council do now adjourn.

ALEX. CHKISTIE, Gov. of Assiniboia.
ADAM THOM,
J. CROFTON,
f J. N. B. of JULIOPOLIS,
J. MACALLUM,
JOHN PRITCHARD,
ALEXANDER ROSS,
JOHN BUNN,
ANDREW McDERMOT,
J. P. PRUDEN,
CUTHBERT GRANT.

Minutes of a meeting of the Governor and Council of Assi-
niboia; held at Fort Garry on the twenty-eighth day "of June,
one thousand eight hundred and forty-seven.

PIONEER LEGISLATION 335

PRESENT

Alexander Christie, Gov. of Assiniboia, President.

Adam Thorn.

Major Griffiths.

The Kt. Eev. The Bishop of Juliopolis.

The Rev. John Macallum.

James Bird.

John Pritchard.

Alexander Ross. •'

John Bunn.

Andrew McDermot,

John P. Pruden.

Major Griffiths having laid before the Council his appoint-
ment as a member thereof by the Governor and Committee of
the Hudson's Bay Company, the usual oath was administered
to Major Griffiths, who took his seat accordingly.

The President then intimated that the late Commandant
was about to leave the Settlement for Canada, on his way to
England, and submitted to the Council the letter of which the
following is a copy:

UPPER FORT GABBY, 27th June, '47.

ALEX. CHRISTIE, Esq.,

Gov. Red River Colony, Fort Garry.

SIB/—

My functions as member of the Municipal Council
of Assiniboia having ceased on the arrival of my
successor in command of Her Majesty's troops in
the Hudson's Bay Territory, I have the honour to
request that you will accept for yourself, as the Gov-
ernor of the Red River Colony and President of the Council,
my grateful acknowledgements for innumerable acts of kind-
ness and consideration to myself and the Troops generally, the
recollection of which shall be long cherished.

I beg that you will convey to every member of the Council
my best regards and sincerest wishes for their collective and
individual welfare, and my regret at being unable to take leave
of them in person.

With the most friendly and grateful sense of the attentions
I have received in this Colony in my public and private capa-

336 CANADIAN ARCHIVES

city, I beg you to accept for yourself, the Council, and whole
Colony, my fervent prayers that you may all enjoy health,
wealth, happiness and peace.

I have the honour to be, Sir,

Your most obedient h'ble Servant,

(Signed) J. CEOFTOlSr,

Lt. Colonel 6th Foot,
Late Comg. Troops H. B. Territory.

The Council unanimously

Eesolved 1st. That we hereby record our sense of the court-
esy and^ ability which Lieut. Colonel Crofton has displayed as
a member of this Council, and also of the firmness and discre-
tion which he has exhibited in establishing a garrison for the
first time in this secluded dependency of the Empire, and that
we hereby offer him our cordial wishes for that degree of pros-
perity and advancement which his moral and intellectual qua-
lifications so well deserve.

Whereas a public library has been formed under circum-
stances highly creditable to the liberality and zeal of the com-
munity at large, it is, by a majority of 6 members to 4,

Eesolved 2nd. That such zeal and liberality on the part of
individuals entitle the institution in question to legislative
assistance; and that, accordingly, a grant of fifty pounds is
hereby made to the Committee, for the purchasing of books in
England.

Mr. Pritchard, as Secretary of the Committee of Economy,
presented the report of which the following is a cop, vt, —

Eed Eiver, May 31st, 184Y.

To The Governor and Council

of Eupert's Land, in Council assembled.

The following report of the Committee of Economy respect-
fully sheweth : —

That your Committee have received from England, and
partly sold, at reduced prices, such dyes as are generally used
by the settlers ; and also have landed, at York, the model of a
fulling mill, together with the iron works necessary for its
construction. They have likewise enquired the cost of a small
carding machine.

PIONEEH LEGISLATION .-}:J 7

Your Committee have also written to a friend of Governor
Christie, in Scotland, to enquire the price of a small carding
machine. And on what terms a person can be obtained,
capable of dyeing, and dressing cloth ; and what implements or
utensils he would require, and likewise what materials will be
requisite for blues, blacks, and reds.

Your Committee feel obliged to his Lordship, the Bishop
of Juliopolis, for having ordered the model of a carding ma-
chine, of simple construction, from Canada.

Your Committee have distributed a prize of £2 for the best
specimen of cloth, and another of £1 for the greatest quantity
spun and woven in the same house. And have likewise given
premiums of 307. 20/. and 107. to persons who have produced
yarns of the first, second, and third qualities. They also
awarded similar prizes in February last. And on that occa-
sion, observing, with the highest satisfaction a decided im-
provement in the samples of cloth and yarn then exhibited,
were encouraged to advertise* the following premiums for the
ensuing year.

1st. That a prize of £3 be awarded to the producer of the
best cloth manufactured in the Settlement.

2nd. That a prize of £3 be awarded to the producer of
eloth, most suitable for the climate, in strength and warmth.

3rd. That a prize of £5 be awarded to the producer of the
greatest quantity spun and woven in the same family.

4th. That a prize of £2 be awarded to the producer of the
best specimen of Camlet, stuff, or Tartan.

5th. That a prize of £3 be awarded to the producer of the
best quality of Flannel.

6th. That a prize of £2 be awarded to the producer of the
second quality of Flannel.

7th. That a prize of £2 be awarded to the spinner of the
finest yarn for wyoof.

8th. That a prize of £2 be awarded to the spinner of the
finest yarn for warp.

9th. That prizes of £1.107, and £1, and 107, be respec-
tively awarded to the 4th, 5th, and 6th qualities of yarn.

10th. That, in order to encourage the production of cheese,
of superior quality, the Committee have resolved to award a
premium oi* £5 to the person that produces the largest quantity

28159—22

338 CANADIAN ARCHIVES

of the best quality of cheese/ samples to be presented on the
last Tuesday of October proximo.

Your Committee have offered a premium of £10 to the per-
son who shall erect the first efficient mill, for the purpose of
hulling barley and oats ; provided his toll, for the first year, be
such as the Committee of Economy shall approve of. Perhaps,
in this particular, we may have deviated from the strict letter
of our instructions ; but the utility of such a mill, and the gen-
eral good resulting therefrom will, we trust, ensure your favour-
able acquiescence in the measure.

The deteriorated state of the grain at present in the Settle-
ment, being highly detrimental to agricultural prosperity, has
led the Committee to request (that) Mr. Christie will be
pleased to order from England or elsewhere, one hundred
bushels of Black Sea wheat, and they have guaranteed to him
one hundred pounds, in liquidation of the expense he may incur
in obtaining so desirable an object.

The expenditure of the Committee altogether amounts to
£93.5 from which may be deducted the proceeds of unsold dye
stuff to the amount of about £25.

In conclusion, your Committee desire to express their grate-
ful acknowledgement to Governor Christie for his valuable
advice, and readiness at all times to promote the object of their
appointment.

I have the honour to be,

With respectful consideration,

Gentlemen,
Your most obedient h'ble servant,

(Signed) JNO. PRITCHARD, Sec.

And the Council, being duly impressed with a sense of the
judgement and zeal with which the proceedings of the Com-
mittee had been carried on, unanimously

Resolved 3rd. That the report be approved of.

Whereas the departure of George Marcus Carey, from the
Settlement has created a vacancy in the Committee of Economy,
It is unanimously

Resolved 4th. That Adam Thorn be appointed a member of
the Committee of Economy.

1This prize was won by John Gunn. See Report of the Bishop of
Juliopolis, Chairman of the Committee of Economy, October 26, 1847.
Document No. 23 of the collection in -the Provincial Library, Manitoba.

PIONEER LEGISLATION 339

Whereas there is also a vacancy in the Board of Works, it
is unanimously

Resolved 5th. That Adam Thorn be appointed a member
of the Board of Works, and that the Board consist of
John P. Pruden,
Adam Thorn, and
Alex Ross;

Mr. Pruden being Chairman,

Whereas much inconvenience has arisen from the present
practice, it is unanimously

Resolved 6th. That no motion shall hereafter be entertained
by the Council of which less than seven days' previous notice shall
have been given, by the proposer, to every member of Council.
Resolved 7th. That this Council do now adjourn.

ALEX. CHRISTIE, Gov. of Assiniboia.
ADAM THOM.
J. GRIFFITHS.
f J. N., B. of JULIOPOLIS.
JOHN MACALLUM.
JAMES BIRD.
JOHN PRITCHARD.
ALEXANDER ROSS.
JOHN BUNN.
ANDREW McDERMOT.
J. P. PRUDEN.

Minutes of a Meeting of the Governor and Council of Assi-
niboia, held at Fort Garry on the 18th day of November, 1847.

PRESENT

Alexander Christie, Gov. of Assiniboia, President.
Adam Thorn.
Major Griffiths.

The Rt. Rev. The Bishop of Juliopolis.
The Rev. Wm. Cockran.
The Rev. John Macallum.
James Bird.
John Pritchard.
Alexander Ross.
John Bunn.
Andrew McDermot.
John Peter Pruden.
Cuthbert Grant.
28159— 22i

o40 CANADIAN ARCHIVES

The President having stated that he had called the present
meeting of Council in compliance with several urgent applica-
tions, to that effect, from members of Council who were desir-
ous of having an opportunity of expressing their sentiments
regarding the anticipated withdrawal of the present garrison
from Red River, the following resolutions were passed unani-
mously, vt :

Whereas, in the absence of information to the contrary, we
are reluctantly constrained to acquiesce in the general anticipa-
tion that the present garrison of Red River Settlement is not
to be replaced by any armed force whatever, it is unanimously

Resolved. That the subjoined memorial be transmitted,
with the least possible delay, to the immediate rulers of Rupert's
Land ;

To The Honourable, The Governor, Depy. Gov. and Com-
mittee of The Hudson s Bay Company, The Memo-
rial of The Governor and Council of Assiniboia;

MAY IT PLEASE YOUR HONOURS.

Constituting, as we do, not only the legislative body, but also
the judicial tribunal, of a. Colony, which cannot fail to identify
itself, for good or for evil, with the destinies of the rest of your
vast and valuable territories, we feel bound, by a deep and
solemn sense of what we owe both to those from whom we have
received our delegated authority and to those over whom we"
wield the same, to implore your Honours to adopt such mea-
sures, as to your discretion may seem fit, for securing to this
country the continuance of military protection.

In every point of view, the entire removal of a garrison
from Red River Settlement would, in our opinion, be highly
detrimental, as well to the Honourable Company's rights as to
the Avelfare of the great mass of our fellow-citizens.

As at least a half, and that, too, the hardier half, of our
male adults are drawn every summer, from their homes, partly
as carriers and partly as hunters, the colony, at the very season
that is peculiarly favourable to the movements of savages,
would be placed at the mercy of the most reckless tribes on this
continent, and would be obliged, under Providence, to rely, for
its safety, rather on their fears than on its own means of
defence.

PIONEER LEGISLATION 341

Again, if war should suddenly break out, or even if a
ground of animosity should suddenly intervene be-
tween Great Britain and the United States, this
Settlement, separated, as it is, from Canada, by a
broken and barren route of rock and water, and
from St. Peter's merely by a level wilderness of rich pastures,
would be liable to fall a prey, without warning of the disaster,
even to the most inconsiderable force of mounted enemies,
whether soldiers or marauders.

Lastly, amid a concentrated and secluded population of five
thousand souls, many of them unaccustomed to the restraints
of social life, and most of them tempted, by the very bounty
of nature, to feel little of that dependence of man on man which
forms the true cement of society; the law, if left to its local
resources, would necessarily be administered only by suffer-
ance ; and, however remote and imaginary might be the danger
to private individuals, still, the mere sense of insecurity on the
part of the more substantial classes of the community, would
be directly and actually fatal to the prosperity of the Settle-
ment, and the progress of civilization.

Though none of these evils was fully realized previously to
the establishment of our garrison, yet that comparatively happv
result was more or less owing to the dread, that, sooner or later,
a garrison might bring a day of retribution in its train, while
now, besides aggravating every evil by a natural re-action, the
measure, which we would respectfully and dutifully deprecate,
would be regarded as a deliberate and final disclaimer of every
hope of an extraneous remedy.

In conclusion, we confidently commit the common interests
of the Honourable Company and Eed River Settlement, the
common cause of England and Rupert's Land, the common
progress ~of peaceful commerce and aboriginal improvement,
to your well known justice and wisdom and humanity.

We have the honour to be;

With sentiments of high consideration,
May it please your Honours,

Your faithful and obliged servants."

Whereas considerable inconvenience has arisen from the
importation of spirituous liquors from the United States, it is.

342 CANADIAN ARCHIVES

Resolved 2nd. That, from this date, the importation of
ardent spirits from the United States be prohibited under the
penalty of confiscation.

Resolved 3rd. That this Council do now adjourn.

ALEX. CHRISTIE, Gov. of Assiniboia.
ADAM THOM.
J. GRIFFITHS,
f J. N. B. of JULIOPOLIS.
WM. COCHRAN.
JOHN MACALLUM.
JAMES BIRD.
JOHN PRITCHARD.
ALEXANDER ROSS.
JOHN BUNN.
ANDREW McDERMOT.
J. P. PRUDEN,
CUTHBERT GRANT.

" Minutes of a meeting of the Governor and Council of Assi-
niboia, held at Fort (Jarry on the ninth day of May, 1848.

PRESENT

Alexander Christie, Gov. of Assiniboia, President.

Adam Thorn.

Major Griffiths.

The Rt. Rev. The Bishop of Juliopolis.

The Rev. Wm. Cockran.

The Rev. John Macallum.

Alexander Ross.

John Bunn.

Cuthbert Grant.

John P. Pruden.

John Pritchard.

Andrew McDermot.

After a motion for authorizing the magistrates to " issue
licenses for the selling of spirits and liqueurs " had been nega-
tived, it was

Resolved 1st. That, henceforward, without such licence as
aforesaid, no person, other than the Hudson's Bay Company,
shall sell spirits or liqueurs, excepting in a military canteen,

PIONEER LEGISLATION 343

without being amenable to all existing laws, anything to the
contrary notwithstanding, and it Vas

Resolved 2nd. That, henceforward, the first of September
shall be substituted for the twentieth of the same month in the
first of the hay resolutions of 1841 ; and it was

Resolved 3rd. That, henceforward, no public money shall
be paid by the Collector excepting on the written order of the
Chairman of any Public Board, and it was

Resolved 4th. That, the sum of Fifty Pounds sterling be
placed at the disposal of the Board of Public Works, for the
repairing of public roads, and it was

Resolved 5th. That, henceforward, no pig shall be allowed
to be beyond his owner's fenced ground between the last day
of March and the fifteenth day of November; and that the
owner of any pig, which may be so at large at any point of the
said period, shall be liable for all damage done by pigs, that
may be so at large, during any part of the said season in the
s.-mie year.

Resolved 6th. That, this Council do now adjourn.

ALEX. CHRISTIE, Gov. of Assiniboia.
ADAM THOM.
J. GRIFFITHS,
f J. N. B. of JULIOPOLIS.
WM. COCHRAN.
JOHN MACALLUM.
JOHN PRITCHARD.
ALEXANDER ROSS.
JOHN BUNN.
ANDREW McDERMOT.
J. P. PRUDEN.
CUTHBERT GRANT.

Minutes of a meeting of the Governor and Council of
Assiniboia, held at Fort Garry on the twenty-seventh day of
July, One thousand eight hundred and forty eight.

PRESENT

•

Alexander Christie, Governor of Assin: President.
Adam Thorn, Councillor of Assiniboia.
The Rt. Rev. The Bishop of N. West, Councillor of Assini-
boia. i

344 CANADIAN ARCHIVES

The Rev. Wm. Cochran, Councillor of Assiniboia.

The Rev. John Macallum' "

James Bird,

John Pritchard, "

Alexander Ross,

John Bunn, "

Andrew McDermot,

John P. Pruden,

Cuthbert Grant, "

The President having stated that he had called the meeting
in consequence of the anticipated removal of the military; the
following resolutions were unanimously carried:

Whereas, to the universal regret of this community,
Her Majesty's regular troops are on the point of being with-
drawn from this station, it is

Resolved 1st. That, the presence of the detachment, which
is about to leave us, has been beneficial to every class of the
population, and conducive to the civilization of the Settlement;

Resolved 2nd. That Major Griffiths, whether as command-
ant of the garrison, or as a member of this Council, is especi-
aly entitled to our respect and esteem, and to our wishes for
his health, happiness, and prosperity; and

Resolved 3rd. That, Mr. Governor Christie be requested
to transmit a copy of the foregoing resolutions to Major Grif-
fiths.

A petition having been presented by importers from the
United States, with regard to a modification of American
duties, it was

Resolved 4th. That the said petition be discussed at next
meeting.

A motion being made by Mr. Councillor Alexander Ross
for the appropriation of a certain sum annually, from the
public funds, to the erection of a public granary, it was

Resolved 5th. That the consideration of said motion be
deferred till next meeting.

The public account for the past year having been pre-
sented by the collector of the taxes, it was

Resolved 6th. That the examination of the said accounts
be referred to the Committee of Finance.

Resolved 7th. That it is highly necessary a public clerk,
both for the Council and the Court, be appointed, and that the
subject be considered next meeting.

PIONEEK, LEGISLATION o45

Resolved 8th. That this Council do now adjourn.
Alex. Christie, Gov. of Assiniboia.
Adam Thorn,

fj. N., B. of North West,
John Pritchard.1
John Macallum, John Bunn,
James Bird, Andrew McDermof,

Wm. Cochran, J. P. Pruden,

Alexander Ross, Cuthbert Grant.

Minutes of a meeting of the Governor and Council of
Assiniboia, held at Fort Garry on the twentieth day of Sep-
tember, one thousand eight hundred and forty-eight.

PRESENT

Alex. Christie, Governor of Assinboia.

Adam Thorn, Councillor of Assiniboia.

The Rt. Rev. The Bishop of N". West, Councillor of Assini-
boia.

The Rev. Wm. Cochran, Councillor of Assiniboia.

The Rev. John Macallum, " "

James Bird,

John Pritchard,

Alexander Ross,

John Bunn,

Andrew McDermot,

John P. Pruden,

Cuthbert Grant,

John E. Harriott, Councillor of Rupert's Land.

John Ballenden,

The President having stated that he had called the meeting
in consequence of the arrival of Major Caldwell, who has been
appointed Governor of Assiniboia; and the latter gentleman
having submitted to the Council his Commission as such,
fhe usual oath was administered.

-Major 'Caldwell V letter of instructions, gi^en with hi*
appointment, was as follows, —

Downing Street, 10th June, 1848.
Sir,—

I am directed by Earl Grey to acquaint you that so soon
as circumstances will admit, after your arrival at Assiniboine,

1 In lead penc'l in original.

346 CANADIAN ARCHIVES

Her Majesty's Government will expect to receive from you a
full and complete account of the condition of affairs at the
Red River Settlement, and particularly of the mixed and In-
dian population living there; charges of maladministration
and harsh conduct towards the natives having been preferred
against the Hudson's Bay Company, which it is of the utmost
importance should be either established or disproved. Her
Majesty's Government expect from you, as an Officer holding
the Queen's Commission, a> candid and detailed report of the
state in which you find the settlement you have been selected-
to preside over.

I would particularly direct your attention to the allega-
tions which have been made of an insufficient and partial
administration of justice; of the embarrassments occasioned
by want of a circulating medium, except promissory notes
payable in London ; the insufficient supply of goods for ordin-
ary consumption, by the company; and the hardships said to
follow from an interference, which is reported to be exercised
in preventing half-breed inhabitants from dealing in furs with
each other, on the ground that the privileges of the native
Indians of the country do not extend to them. These are
only mentioned as instances, and your own judgment is relied
on for enquiry into other points.

I have, &c.,

(Signed) B. HAWES.

Resolved 1st. That this Council do now adjourn.

ALEX. CHRISTIE, Governor of Assiniboia.

ADAM THOM..

WM. COCHRAN.

JOHN MACALLUM.

JAMES BIRD.

JOHN PRITCHARD.

ALEXANDER ROSS.

JOHN BUNN.

J. P. PRUDEN. .

ANDREW McDERMOT,

CUTHBERT GRANT.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held at Eort Garry on the twentieth day of September,
one thousand eight hundred and forty-eight.

PIONEER LEGISLATION 347

PRESENT

Major Caldwell, Governor 'of Assiniboia.
Adam Thorn, Councillor of Assiniboia.

The Rt. Eev. The Bishop of K West, " "
The Eev. Wm. Cochran, "

The Eev. John Macallum, " "

James Bird, " «

John Pritchard, " «

Alexander Ross, " "

John Bunn, " "

Andrew 'McDermot, " v- . "

John Peter Pruden " "

Cuthbert Grant, *. " "

Alexander Christie, Councillor of Rupert's Land.
John E. Harriott, " "
John Ballenden,

Whereas, within and for the District of Assiniboia, the
departments of government and trade have recently been
separated, it is

Resolved. That Eed River Settlement, amid many of the
elements of anarchy and under unparalleled disadvantages of
position, has owed peace and prosperity to the paternal admin-
istration of the Hudson's Bay Company's mercantile repre-
sentatives.

The notices of motions were then continued to the next
meeting; and Mr. Thorn also gave notice that, at the next
meeting,. he would move that the Public Library should be
incorporated, that its importations of books should be exempted
from all public burdens, and that it should receive Fidler's
Library.1

*By Peter Fidler's will made at Norway House, August 16, 1821, he
gave his library of about 500 books, his printed maps, his globes, teles-
cope, microscope, sextant, barometer, thermometers "for the general
&ood of all those colonists settled in the lands of the Earl of Selkirk in
Assiniboia." See Bryce, The Remarkable History of the Hudson's Bay
Company, p. 282, and Archer Martin, The Hudson's Bay Company's Land
Tenures, p. 108.

348 CANADIAN ARCHIVES

The meeting was then adjourned.

W. B. CALDWELL, Gov. of Assiniboia.

ADAM THOM.

WM. COCHRAN.

JOHN MACALLUM.

JAMES BIRD.

JOHN PRITCHARD.

ALEXANDER ROSS.

JOHN BUNN.

ANDREW McDERMOT.

J. P. PRUDEN.

CUTHBERT GRANT.

Minutes of a meeting of the Governor and Council of
Assiniboia, held at Fort Garry on the tenth day of October,
one thousand eight hundred and forty-eight.

PRESENT

Major Caldwell, Governor of Assiniboia.

Adam Thorn, Councillor of Assiniboia.

The Rt. Rev. The Bishop of N. West, "

The Rev. Wm. Cochraii,

The Rev. John Macallum,

James Bird/

John Pritchard,

Alexander Ross,

John Bunn,

Andrew McDermot, "

John Peter Pruden,

Whereas an executive officer is urgently needed, in this
E Settlement, for many purposes, it is

Resolved, That Mr. William Robert Smith1 be appoint-
ed, with a salary of seventy pounds Sterling a year, to dis-
charge all executive functions that now are, or hereafter may

1 He arrived in Rupert's Land in 1813. He had been a student at
Christ's Hospital, London. His first winter in the country was spent at
Oxford House. He passed 8 years at Lesser Slave Lake. He was dis-
missed from the service owing: to the reduction in the number of clerks
incidental to the consolidation of the rival companies. He then turned
his attention to agriculture in the Red River Settlement at Little Britain.
During the period 1828-1832 he served as a catechist. Later he established
a school. As clerk of council and courts he gave many years of faithful
service.

PKKXEEE LEGISLATION 349

be, required, with the exception of the duties of a constable
and the management of the gaol, it being more particularly
understood that he be Secretary and Assistant to the Governor,
that he be Clerk to the Council, to the Courts of all kinds, to
meetings of magistrates of all kinds, and to the Recorder in
his municipal capacity; that he be Clerk and Assistant to the
Board of Works, the Committee of Economy, and the Com-
mittee of Finance, and that he collect all municipal duties and
dues without any deduction as poundage.

Whereas Alexander Ross. Esquire, has spontaneously
resigned the office of collector, it is

Resolved 1st. That he is entitled to the best thanks of this
Council and of the community in general, for the polite and
considerate mode in which he has performed his occasionally
difficult and invidious duties.

Whereas no grant has been made, lor several years, in
favour of the Committee of Economy, it is

Resolved 2nd. That the sum of a hundred and fifty
pounds sterling be vested in that body on account of past years,
as well as of the present year.

Whereas a petition has been presented to the Council for
. the modification of the duties on imports from the United
States, it is

Resolved 3rd. That, henceforward, such imports, saving
all existing exemptions, be subject to an uniform duty of ten
per cent 011 the invoice value, and no other duty whatever.

Whereas it is the duty, as well as the interest of a govern-
ment, to promote education and literature, it is

Resolved 4th. First. That the Public Library be a body
politic p-nd corporate ;

Secondly. That all importations of books be exempted
from all public burdens;

Thirdly. That the books, &c., which were bequeathed to
the Settlement by the late Mr. Peter Fid>ler,(1) be placed under
the charge of the corporation aforesaid, together with all such
documents as may lead to the recovery of any missing property.

On the motion of Mr. Ross, seconded by Dr. Bnmi, it is

1 The Red River Colonists met Peter Fidler the H. B. Co. Surveyor
at York Factory in 1812. His Journal Rives information concerning early
days at Red River. See Introduction.

350 CANADIAN ARCHIVES

Resolved 5th. That a sum not less than a hundred and
fifty pounds sterling be taken from the public fund, and
exclusively appropriated to the establishment of a Public
Granary.

The meeting then adjourned.

W. B. CALDWELL, Gov. of Assiniboia.

ADAM THOM.

WM. COCHRAN.

JAMES BIRD.

ALEXANDER ROSS.

ANDREW McDERMOT.

JOHN MACALLUM.

JOHN PRITCHARD.

JOHN BUNN.

J. P. PRUDEN.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held at the Court-house on the seventh day of Decem-
ber, one thousand eight hundred and forty-eight.

PRESENT

Major Caldwell, Governor of Assiniboia, President.

Adam Thorn, Councillor of Assiniboia.

The Rev. Wm. Cochran, " "

The Rev. John Macallum, " «

James Bird, " "

John Pritchard, "

Alexander Ross, " "
John Bunn,
Andrew McDermot,
John Peter Pruden,

Cuthbert Grant, " "

The Minutes of the preceding meeting were read and con-
firmed.

The President then stated he had convened the Council for
the purpose of considering the best method of proceeding with
regard to some spirituous liquor which Mr. Green had im-
ported into the Settlement in 1847, from the United States,
and upon which he paid the duty.

On the motion of the Rev. Mr. William Cochran, seconded
by Mr. McDermot, it is

PIONEER LEGISLATION 351

.Resolved. As Mr. Green states his having (more or less)
ninety-five gallons of spirits, that the sum of nine shillings
per gallon be paid him, and the spirits immediately delivered
to the charge of Mr. Smith.

On the motion of Mr. Thorn, it is

Resolved. That the Committee of Finance be empowered
to pay Mr. Green, and to dispose of the said spirits to the best
advantage.

On the motion of Mr. Thorn, it is

Resolved. That the Beer Law of nineteenth of February,
1847, be permanently revived, excepting that each licence for
a year shall be charged One Guinea, and that unlicensed per-
sons shall not sell whole kegs, unless on their own premises.

Resolved. That, this meeting do now adjourn.

W. B. CALDWELL, Gov. of Assiniboia.

ADAM THOM.

WM. COCHRAN.

JOHN MACALLUM.

JAMES BIRD.

ALEXANDER ROSS.

JOHN BUNK

ANDREW McDERMOT.

J. P. PRUDEN.

CUTHBERT GRANT.

Minutes of a meeting of the Governor and Council of Assi-
iiiboia, held at the Court-house on the thirty-first day of May,
one thousand eight hundred and forty-nine.

PRESENT

Major Caldwell, Governor of Assiniboia, President.

Adam Thorn, Esquire, Councillor of Assiniboia.

The Rt. Rev. The Bishop of N. W., " "

The Rev. Wm. Cochran,

The Rev. John Macallum, "

James Bird,

Alexander Ross,

John Bunn,

Andrew McDermot,

John P. Pruden,

Cuthbert Grant,

John Ballenden, Councillor of Rupert's Land.

John Black,

352 CANADIAN ARCHIVES

The President having stated that he had called a council
for the purpose of considering what measures ought to be
devised for the prevention of such unlawful assemblages of
the people as occurred on Thursday week/ and for the
restoration of the tranquility of the Settlement. The Council
concurred in the opinion that the excitement in question had
arisen, in a great measure, from a desire on the part of the
Canadian and half-breed population to obtain the following
objects, vidt. : —

1st, The immediate removal of Mr. Recorder Thorn from
the Settlement.

2nd. The conducting of all judicial business through the
medium of a judge who would address the Court in the
French as well as in the English language.

3rd. The rescinding of the existing law respecting all
imports from the United States of America.

4th. The infusion into the Council of Assiniboia of a cer-
tain proportion of Canadian and half-breed members.

5th. A free trade in furs.

With reference to these objects the Council unanimously
concurred in opinion, as regarded the first, that the personal
liberty of Mr. Thorn must be held equally inviolable with that
of every other citizen, and that those attempting any infrin-
gement on the same must bear the consequences ; with respect
to the second, that Mr. Thorn having, at the commencement
of the proceedings, expressed his willingness, in future, to
address the Court in both languages, in all cases involving
either Canadian or Halfbreed interests, such a line of
procedure should be hereafter adopted; as respects
the American imports, the Council pledges itself
to take the whole matter into its favourable
consideration; that, with respect to the infusion of Can-
adians and Half-breed members into the Council, the Council
has no direct power in the matter, but will gladly make a
recommendation to the Committee of the Honble. Hudson's
Bay Company on the subject. With regard to free trade in
Furs, the Council cannot interfere in the matter, as any altera-
tion can only be effected by the Queen and the two Houses of
Parliament.

1 This refers to disturbances in connection with the celebrated case,
Hudson's Bay Company versus Sayer. Williara Sayer, McGillis, Laronde
and Goalie, French half-breeds were accused of illegal trafficking in furs
with the natives. Sayer's trial took place on May 17.

PIONEER LEGISLATION 353

Resolved. That these proceedings be immediately pub-
lished.

W. B. CAM) WELL, Gov. of Assiniboia.
f J. N,, B. of the North West.
WM. COCHRAN.
JAMES BIRD.
JOHN BUNN.
ALEXANDER ROSS.
ANDREW McDERMOT.
J. P. PRUDEN.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held at the Court-house on the thirtieth of July, one
thousand eight hundred and forty-nine.

PRESENT

Major Caldwell, Governor of Assiniboia, President.

The Rt. Rev. Bishop of the N.W., Councillor of Assiniboia.

Rev. William Cochran, " "

James Bird,

Alexander Ross, " "

John Bunn,

Andrew McDermot,

John Peter Pruden, « "

John Ballenden,

The President stated he had convened the Council in order
that they might deliberate and decide upon the import duties
from the United States, in compliance with a resolution passed
on 31st May, 1849.

On the motion of Dr. Bunn, seconded by the Rev. Wm.
Cochrane, it was

Resolved. That, henceforward, such imports (saving the
exemption of stoves) shall be subject to an uniform duty of
four per cent on the invoice value.

The President then referred with regret to having received
a letter from Dr. Bunn, expressing a desire to resign his
appointment as magistrate of Assiniboia, and proposed to the
Council whether the Quarterly General Courts of Governor
and Council should be held as usual; it was

Resolved. That the 2nd Resolution of the Council held
upon the sixteenth day of June, 1837, be suspended, and that,

28159—23

354 CANADIAN ARCHIVES

in future, the Supreme Court shall consist of the Governor and
Council, with the aid of a Jury:

It was further

Eesolved. That the petty courts shall be held, by Mr. Ross
and two other Councillors at the same time and place as here-
tofore.

Whereas much loss has been sustained by the Settlers gen-
erally by the increase of wolves, it was

Resolved. That the sum of Twenty Pounds sterling be
applied for the purchase of strychnine, for the destruction of
wolves in the Settlement.

W. B. CALDWELL, Gov. of Assiniboia.
f J. N., B. of North* West.
WM. COCHRAN.
JAMES BIRD.
ALEXANDER ROSS.
JOHN BUNK
JOHN PETER PRUDEN.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held at the Court-house on the. twelfth day of October,
one thousand eight hundred and forty-nine.

PRESENT

Major Caldwell, Governor of Assiniboia, President.

The Rt. Rev. The Bishop of Rupert's Land,(1) Councillor.

The Rt. Rev. The Bishop of North-West, Councillor.

The Rev. William Cochrane, Councillor of Assiniboia.

The Rev. John Smithurst, " "

James Bird,

Alexander Ross, " "

John Bunn,

John Peter Pruden,

Cuthbert Grant,

The President having stated that he had called a meeting
of -Council for the purpose of receiving the Right Reverend the
Lord Bishop of Rupert's Land and the Rev. Mr. John Smith-
urst, both gentlemen, having submitted to the Council their
Commissions, were duly sworn by the President, who adminis-
tered the usual oath, on which they took their seats as coun-
cillors of Assiniboia.

1 Rev. David Anderson, D.D.

PIONEER LEGISLATION 355

The President next adverted to the loss the Settle-
ment had sustained by the death of the. Rev. Mr. Macallum,
and by which cause the office of Coroner had become vacant,
but was 'happy to state that Dr. Bunn had accepted the office.

The President next entered upon the state of the public
roads, and, after some discussion, it was

Resolved 1st. That the Settlement be divided into sections
of four miles length, more or less.

Resolved 2nd. That three persons be appointed to inspect
each section.

Resolved 3rd. That the Governor of Assiniboia be requested
to appoint the individuals of each section, having for their
object the repairs of the roads, during the term of one year.

W. B. CALDWELL, Gov. of Assiniboia.
D. RUPERT'S LAND.
fJ. N., B. of the North- West.
WM. COCHRAN.
JAMES BIRD.
ALEXANDER ROSS.
JOHN BUNN.
J. P. PRUDEN.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held at the Court-house on Tuesday the twenty-second
of January, one thousand eight hundred and fifty.

PRESENT

Major Caldwell, President.

The Rt. Rev. The Lord Bishop of Rupert's Land,

Councillor of Assiniboia.
The Rt. Rev. The Lord Bishop of N.-W., "
The Rev. Will'm. Cochrane, " "

James Bird,

Alexander Ross, "

John Bunn,

Andrew McDermot, " "

J. P. Pruden,

The President stated that he had been informed the set-
tlers had sustained great loss by the depredation of wolves, and
the gentlemen to whom the distribution of the strychnine was
confided had expended their stock, and there being no possi-
28159—231

356 CANADIAN ARCHIVES

bility of its being replenished till the autumn, he proposed, for
the decision of the Council the following Resolutions : —

Resolved 1st. That a premium of five Shillings from the
public funds be paid for every wolf killed within twenty
miles of the banks of Red River Settlement, the head to be
delivered to an overseer of roads, on receipt of the premium.

Resolved 2nd. That in consequence of the arrival of the
Right 'Reverend the Bishop of Rupert's Land, the 5th
Resolution of the minutes of Council on the 19th June, 1844,
be cancelled.

The Queen having been pleased to erect Rupert's Land into
a Bishopric and Diocese, and other improvements, has brought
the Settlement of Red River into nearer connection with Her
Majesty's Government, and created a corresponding inter-
est in the minds of the British public for the advancement and
prosperity of this Colony; it appears desirable, therefore, to
keep alive the feeling by a more frequent communication with
our Fatherland —

Dr. John Bunn gave notice of a motion for the regulating
certain restrictions on bulls in the Settlement.

Dr. John Bunn gave notice of a motion for a Bridle Road
through the Settlement.

W. B. CALDWELL, Gov. of Assiniboia.
f J. N. Bishop of the North-West.
WM. COCHRAN.
JAMES BIRD.
ALEXANDER ROSS.
JOHN BUNN.
ANDREW McDERMOT.
J. P. PRUDEN.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held at the Court-house on Monday the eighth day of
July, one thousand eight hundred and fifty.

PIONEER LEGISLATION 357

PRESENT

Major Caldwell, Gov. of Assiniboia, President.
The Et. Eev. the Lord Bishop of K West,

Councillor of Assiniboia.

The Eev. W. Cochrane, " "

James Bird, " "

Alexander Eoss, " "

John Bunn, " "

Andrew McDermot, " "

John P. Pruden, "

John Ballenden, " "

Cuthbert Grant, " "

John Black, Chief Trader, by invitation.

The President briefly stated that the primary object he had
in convening the present Council was the resignation of the
Sheriff, Mr. Eoss, and as an application had been made to him
to hold a special Court, he found that in the absence of that
functionary, so necessary in our Court, it would be impossible
to proceed in the manner we had hitherto done, without a per-
son qualified to act in his place. He therefore submitted to
the council the present state of the Court, and was ready to
listen to, and embrace, any suggestion they would lay before
him.

Mr. Eoss proposed that he would continue his functions as
Sheriff, and act in that capacity until the President could find
a fit person to succeed him.

Which was agreed to.

The President then referred to the motion that passed at
the last Council, concerning extra communication between this
place and Europe, on which the President observed that in his
conversation with Sir G. Simpson, he, Sir George Simpson,
had informed him that £200 would be requisite for the intend-
ed communication, and, if the Council of Assiniboia would
deposit that sum, he would ensure them six opportunities of
correspondence with Europe. After some conversation, the
motion was cancelled.

The President next adverted to a motion of Dr. Bunn's,
for restrictions on bulls, which motion, Dr. Bunn informed
the Council, he/in consequence of information he had received,
would now beg to cancel.

358' CANADIAN ARCHIVES

Doctor Bunn then brought forward his motion, in a mo-
dified form, for a bridle path through the Settlement. He
now only requested the necessary funds for the construction •
of a bridge over that creek between Mr. Donald McKenzie's
and Mr. Ross' dwellings, and also a bridge over that creek
near John Tait's dwelling.

Which was agreed to.

The President next read a letter, addressed to the Gov-
ernor and Council of Assiniboia, from Mr. C. Mowat, praying
a deduction of import duties on merchandise used or sold on
the voyage from York Factory to this Settlement.

Deferred till the next meeting of Council.

Dr. Bunn then gave notice of a motion for a grant of £50
in aid of the Red River Agricultural Association.

The President gave notice of a motion for the selection of
magistrates to decide cases in petty courts. |

W. B. CALDWELL, Gov. of Assiniboia.
fJ. N., B. of the North West.

WM. COCHRAN.

JAMES BIRD. !

1 : :» ALEXANDER ROSS.

JOHN BUNN.

ANDREW McDERMOT.

CUTHBERT GRANT.
i. JOHN BALLENDEN.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held at the Court-house on Thursday the fifth day of
September, one thousand eight hundred and fifty.

PRESENT

Eden Colvile, Esquire, Gov. of Rupert's Land, President.
Major Caldwell, Governor of Assiniboia.
Adam Thorn, Esquire, Councillor of Assiniboia.
The Rt. Rev. The Lord Bishop of Rupert's Land,

Councillor of Assiniboia.
The Rt. Rev. The Lord Bishop of the North West,

Councillor of Assiniboia.
The Rev. W. Cochrane, "

The Rev. J. Smithurst,
The Rev. Louis Lafleche, "

PIONEER LEGISLATION 359

James Bird, " "

Alexander Ross, " "

John Bunn, " "

Andrew McDermot, " "
John Ballenden,

Cuthbert Grant, " "

Major Caldwell stated that as some of the members of that
Council had expressed a desire that the Governor of Rupert's
Land should occupy the place of President of the Council of
Assiniboia, he, in compliance with their request, felt happy in
introducing him. Eden Colvile Esqr., then handed to the
secretary his commission to act as Governor of Rupert's Land,
from the Governor and Committee of the Honourable the
Hudson's Bay Company, to read, after which, he was sworn in
by Major Caldwell. The Governor of Rupert's Land then
took the chair, and the Rev. L. Lafleche and John Ballenden,
Esquire, were both sworn in Councillors of Assiniboia, by the
President, Eden Colville, Esqr., Governor of Rupert's Land.

The Secretary having read the minutes of the last meeting
of Council, the motions contained therein were discussed.

On the subject of Mr. Mowat's letter, "Praying for a de-
duction of the import duty on articles sold to his men at York
Factory or used on the route from that place to this Settle-
ment, or other articles indented expressly for his friends en
route, and non residents of this place " : — After due considera-
tion it was agreed that the secretary should inform Mr. Mowat :
That no deductions could be made for property sold en route,
excepting when he had sent home an order for his friends the
year before; Provided, however, that such orders were for-
warded in a separate package, and his invoice proving the same
to the satisfaction of the collector of customs.

Doctor Bunn's motion for a grant of £50 in aid of the Red
River Agricultural Association:

Doctor Bunn stated that, subsequent to his having made
the motion, he had examined the affairs of the Association,
and he would now move for a grant of money not exceeding
£2'5 sterling; which was granted.

Major Caldwell's motion for the nomination of magistrates
to decide in petty cases :

Deferred till next meeting of Council.

360 CANADIAN ARCHIVES

Doctor Bunn gave notice of a motion for a sum of money
to be granted for the purchasing printed blank forms of sum-
monses, sub-pcenas, and warrants.

The Rev. Louis Lafleche gave notice of a motion for the
establishing of a ferry over the Red and Assiniboine Rivers.

Dr. Bunn gave notice of a motion for the getting of a print-
ing press.

Adam Thorn, Esquire, gave notice of a motion for taking
into consideration the propriety of granting public money
for Education.

The meeting then adjourned.

E. COLVILE, Gov. Rupert's Land.
W. B. CALDWELL, Gov. of Assiniboia.
ADAM THOM.
DAVID Rupert's Land,
f J. N., B. of the North West.
WM. COCHRAN.
J. SMITHURST.
LOUIS LAFLECHE, Ptre.
ALEXANDER ROSS.
JOHN BUNN.
ANDREW McDERMOT,

Minutes of a meeting of the Governor of Rupert's Land
and the Governor and Council of Assiniboia, held at the Court-
house on Wednesday the sixteenth day of October, one thou-
sand eight hundred and fifty.

PBESENT

Eden Colvile, Governor of Rupert's Land, President.
Major Caldwell, Governor of Assiniboia.
Adam Thorn, Councillor of Assiniboia^

The Rt. Rev. Lord Bishop of Rupert's Land,

Councillor of Assiniboia^
The Rt. Rev. The Bishop of the North West,

Councillor of Assiniboia..
The Reverend W. Cochrane,
The Reverend J. Smithurst,
The Reverend L. Lafleche,
Alexander Ross,
Doctor Bunn,
Andrew McDermot,

PIONEER LEGISLATION 3613

Whereas it is expedient that magistrates be appointed for*
exercising summary jurisdiction in ordinary police cases, and
in actions for debt to the amount of five pounds ; it is

Resolved. That the District of Assiniboia be divided into*
three districts, as under:

White Horse Plain District —

Down to Sturgeon Creek on both sides of the Assini-
boine River.

Upper District —

Down to Lot (the Bishop of R. L's. house) on the-
south side, and to Lot (the lot opposite the above)
on the North side of the Red River.
Lower District—

From Lots - - & - - to the end of the Settlement,^
on both sides of the Red River.

That the following magistrates be appointed for the re-
spective districts, viz. :

White Horse Plain District :
1st. Pascal Berland.1
2nd. Urbin Delorme.
3rd. Joseph Guilbeau.

Upper District :

1. Francois Bruneau.

2. Maximilian Genteau.

3. William McMillan.

4. William Ross.

5. Alban Fidler.

Lower District:

1. Donald Gunn.2

2. Roderick Sutherland.

3. John Inkster.

That the several courts be held as under, commencing the-

next month:

White Horse Plain District; the 2nd Monday in every.

2nd month

Upper District ; the 3rd Monday in every month
Lower District ; the 4th Monday in every 2nd month
provided, always, that it be discretionary for the magis-

1 Breland.

8 Donald Gunn, schoolmaster, historian, and later a member of the-
Legislative Council of Manitoba. He came to York Factory in 1813, andi
Red River in 1823. He died a; Little Britain in 1878.

: 362 CANADIAN ARCHIVES

; trate to adjourn their courts over the season of seed time and
1 harvest.

That two constables be in attendance at each of the courts,
during the sittings of the magistrates.

That the said magistrates shall have summary jurisdiction
. in> all ordinary police cases, and in all actions of debt to the
amount of forty shillings, and that two magistrates and a
president shall form a quorum.

That the said Courts shall be held at the undermentioned
places, viz. :
White Horse Plain District .... At Mr. Grant's house.

Upper District At the Court-house.

Lower District At St. Andrew's School-house.

That the said magistrates shall have jurisdiction in actions

.for debt to the amount of five pounds, but when the amount

be above forty shillings an appeal shall lie to the Quarterly

-General Court; provided, always, that the appellant shall, in

.- all cases, lodge in the hands of the sheriff an amount sufficient

to meet the costs, both of appeal and in the court below.

That Cuthbert Grant, Esquire, shall be ex-officio President
of the Court in the White Horse Plain District.

That Alexander Ross and Andrew McDermot, Esquires,
—shall be ex-officio Presidents of the Court in the Upper Dis-
trict.

That John Bunn and Thomas Thomas, Esquires, shall be

- ex-officio Presidents of the Court in the Lower District.

That the said Presidents shall have only a casting vote in

- cases where a majority have not decided.

That an allowance of five pounds per annum be made to

each of the magistrates hereby appointed, to cover all expenses.

That, in any suit .originally brought before the General

-Oourt, if the bench, after verdict rendered, shall unanimously

- decide that such suit ought to have gone before a local Court,
4he plaintiff, in that case, shall not recover from the defendant

the cost of the Jury.

"Dr. Bunn's motion for the grant of a sum of money for
"the purchasing blank printed forms of summonses, &c., &c.
it was

Resolved. That a sum not exceeding five pounds be

granted, and that Adam Thorn, Esquire, be requested to draw

.-out the necessary forms, and to be forwarded the earliest

- opportunity to St. Peter's, to be printed.

PIONEER LEGISLATION 363

"On the Reverend L. Lafleche' s motion for the establishing
•"of a ferry over the Red and Assiniboine Rivers, — it was

Resolved. That a sum not exceeding fifty pounds be
granted for that purpose, and that a committee of management
be formed for the carrying out the same. That Alexander
Ross, Esquire, The Rev. L. Lafleche and Andrew McDermot,
.Esquire, be the members of that committee.

"On the motion of Dr. Bunn for the getting a printing
'"press, it was

Resolved. That a sum not exceeding thirty pounds be
/granted for that purpose, and that Am. Thorn, Esq., The Revd.
L. Lafleche, and Dr. Bunn be appointed to make the necessary
selection of types, &c., &c.

"Adam Thorn, Esqr., motion for taking into consideration
•Vtthe propriety of granting public mpney for education —

Deferred till next meeting of the Council.

Alexander Ross, Esqr., gave notice of a motion:

"That all the police guns and accoutrements purchased
""be collected for inspection by the next meeting of the Council.

E. COLVILE, Gov. of Rupert's Land.
W. B. CALDWELL, Gov. of Assiniboia.
ADAM THOM.
DAVID Rupert's Land,
f J. K Bishop of the North West.
WM. COCHRAK
LOUIS LAFLECHE, Pte.
JOHN BUNK.

COUNCIL CHAMBER.,

THURSDAY,, 1st May, 1851.

Mr. Governor Caldwell having taken the chair, Mr. Gov-
ernor Colvile intimated to the Governor and Council of Assi-
niboia, that, in consequence of instructions received from the
Honourable Committee, he was no longer to preside, either in
Court or in Council, and that in consequence of other instruc-
tion, also received from Their Honours, Mr. Thorn's commis-
sion as Recorder and Councillor had been revoked, and that
Mr. Thorn had farther accepted, on the offer of Their Honours,
the office of Clerk of the Council and of the Court.

Mr. Smith then read the minutes of last meeting, which
were confirmed in the usual way.

364 CANADIAN ARCHIVES

Mr. Governor Caldwell having intimated that Mr. Ross
had resigned the office of Sheriff, and was to resign the office
of Governor of the Gaol, Dr. Bunn moved, and Mr. Cochran
seconded, these two resolutions: — .

1st. Resolved: That Mr. William Ross be appointed
Assist. Sheriff with Mr. Grant.

2nd. Resolved. That Mr. William Ross be, after the first
of June, appointed Governor of the Gaol, with the usual salary.

Carried unanimously.

Tl^e Rev. Mr. LaFleche reported with respect to the ferry,
and was further empowered to complete all necessary arrange-
ments by himself, and to report definitely to next meeting of
Council.

Mr. Governor Caldwell having intimated that Mr. Ross and
Mr. McDermot had resigned the office of President of the
Petty Court of the Upper District, Dr. Bunn moved, and Mr.
Cochran seconded, this resolution:

That Mr. Black be appointed President of the Petty
Court in the Upper District.

Carried unanimously.

Dr. Bunn moved, and Mr. Black seconded, these resolu-
tions :

Whereas the state of the public roads demands immediate
and extensive application of the public money.

Resolved 1st. That a sum not exceeding Five Hundred
Pounds be expended on the improvement of toll Roads and
gradually throughout the Settlement, including the repairing
of old and furnishing of new roads, where necessary.

Resolved 2nd. That the Governor, with the assistance of
such of the Councillors or magistrates as he may call upon for
their aid, be authorized to carry that resolution into effect
with as little delay as possible, and, with that view, that the
necessary instructions be given Mr. Smith for advertising for
tenders, &c.

Resolved 3rd. That, in order the more correctly to ascer-
tain what portions of the roads stand most in need of improve-
ment, Mr. Smith under the Governor's more immediate direc-
tions, be authorized to confer with the Road Inspectors belong-
ing to the various sections of the Settlement, and that after
doing so, he submit to the Governor a report on the subject, —
setting forth the result of his inquiries, and also shewing an
estimate of the probable expense attending the repairs and
improvements which that report may recommend, as being, in

PIONEER LEGISLATION 365

the opinion of the Eoad Inspectors, most essential to the public
convenience.

There being, in the Settlement, various thoroughfares,
which although not formerly any part of the line of the high-
way, are yet the channels of considerable public intercourse,
and therefore fit objects on which to expend a portion of the
public fund.

Resolved 4th. That Mr. Smith, in conferring with the in-
spectors, and in preparing his report, take cognizance of the
more important of such thoroughfares, and that the Governor,
with the assistance aforesaid, be authorized to devote to the
improvement of the same such portion of the sum granted by
the first of these resolutions as may be deemed necessary.
Carried unanimously.

Dr. Bunn gave notice, against next meeting, of the follow-
ing motion: —

Eesolved. That in every case of debt <not exceeding forty
shillings, the debtor, whether before or after judgement, shall
be exempted from imprisonment under such arrangements as
may be equitable to both debtor and creditor.

Mr. Cochran moved, and Mr. LaFleche seconded, this reso-
lution : —

To weaken the mischievous and destructive energy of those
violent and untamed qualities of human nature, which so fre-
quently manifest themselves in society in a half civilized state,
and to strengthen the feelings of honourable independence, to
encourage habits of industry, sobriety, and economy, it is

Resolved. That £100 be granted from the public funds,
to be divided, equally, between the Bishop of Rupert's Land
and the Bishop of North West, to be applied by them at their
discretion for the purposes of education.
Carried unanimously.

Mr. Cochran gave notice, against next meeting, of the fol-
lowing motion: —

As serious damages have, from time to time, been sustained
by the settlers, from a number of savage dogs being permitted
to roam at pleasure through the colony, killing sheep, pigs and
poultry, it is

Resolved. That the Council of Assiniboia take this subject
into serious consideration, and adopt such means as they
may deem best calculated to suppress this evil of which the
settlers so greatly complain.

366 CANADIAN ABCHIVES

Mr. Cochran gave notice, against next meeting, of the fol-
lowing motion : —

To facilitate equitable dealing between persons engaged in
trade and their customers, it is

Resolved. That a public inspection of weights and measures
be instituted by the Council of Assiniboia, to prove the weights
and measures now in use in the Settlement, and, should any
be found deficient, that the Council take such means as may
induce the different dealers to import and use such weights and
measures as are by law appointed in the Mother Country.

Dr. Bunn moved, and Mr. LaFleche seconded, the follow-
ing resolution: —

Resolved. That Mr. Thorn be requested, in conjunction
with the Rev. Mr. LaFleche and Dr. Bunn, to present the Gov-
ernor and Council with a report on the state of the law.

W. B. CALDWELL, Gov. of Assiniboia.
DAVID Rupert's Land.
fj. N., Bishop of North West.
JOHN BUNK
LOUIS LAFLECHE, Ptre.
CUTHBERT GRANT.
J. BLACK.

COUNCIL CHAMBEB,

27th November, 1851.

Major Caldwell, on behalf of Mr. LaFleche, stated that
the ferry had been let to Narcisse Marion for one month, and
then for a second month, he receiving five pounds a month,
and paying in the proceeds, — that, after these two months,.
McDougall took the ferry on his own account.

Mr. Thorn read the report of the Printing Press Com-
mittee : —

RED RIVER SETTLEMENT,

27th Nov. 1851.

The members of the Printing Press committee beg to sub-
mit the following report of their proceedings to the Governor-
and Council of Assiniboia.

PIONEER LEGISLATION 36T

By the December express of last winter we forwarded in-
structions on the subject to Mr. Assistant Secretary Smith, in «
the following letter.

" W. G. SMITH, Esqr.,

Hudson's Bay House.

RED RIVER SETTLEMENT,

25th Nov., 1850.
MY DEAR SIR, —

As inconvenience and confusion have long been found to •
arise from the difficulty of copying any municipal proceedings
in any way, and from the impossibility of copying them cor-
rectly, or at least uniformly, the council, at its last meeting,,
appointed Dr. Bunn, the Rev. Mr. LaFleche, and myself, as a
committee to import a small press and types complete, to be -
exclusively reserved, under proper control, for municipal pur-
poses alone, — the grant being limited to £30 sterling, the
amount of the enclosed bill of exchange.

With the " Specimens of Types " of Holtzapffel & Co.,
64 Charing Cross, to guide us, we have agreed on the follow-
ing order: —

1. The pamphlet, from which "Specimens of Types" is an »
extract ;

2. A ream and a half of printing paper, of foolscap size, -
to match the press described in page 78 of the third 'edition?
of .the pamphlet aforesaid, at the very bottom of the page;

3. The press itself, aforesaid, with all its apparatus com-
plete, amounting in all to £27. 13. 6.*

* We take for granted that we shall be able to print a
whole page of foolscap in each of the four principal kinds of "
type, 9, 13, 17, 23.

4. In addition, if necessary, to the "Great Primer" portion
of the assortment of types, we . wish to have as many capitals
of the size of the word "Amazon" on page 65, as may be neces-
sary to make up " Red River Settlement " and " District of
Assiniboia."

5. An additional "Large Box of Superfine Printing Ink" ;

6. As everything must be printed in French as well as
English, we require a supply of accents and cedillas, whether
separate or appended to the proper types, we do not know.

7. With reference to the use of two languages, we need as
many capitals of the size, aforesaid, of "Amazon" over and'

•ODO CANADIAN ARCHIVES

, above those required in my fourth entry, as may express
"Kiviere Bouge" and "District d'Assiniboie."

If our funds are short, a point which you can easily
ascertain before the departure of the express by the spring
-canoes, we shall remit the difference by the very first opportu-
nity after the arrival of the same.

Will you order the packages to be addressed to me, with
" D. of A " in the corner ? Will you also have the kindness to
give the necessary hints as to the packing for our amphibious
•route ?

I remain,

My Dear Sir,

Yours very truly,
(Signed) ADAM THOM.

To this letter we received, by the spring canoes, the fol-
lowing answer:

-"ADAM THOM/ESQ.

HUDSON'S BAY HOUSE,

iondon, March 29, 1851.
Dear Sir,

Your letter of the 25th Nov. requesting me to forward a
small Printing Press for municipal purposes, came duly to
hand on the 24th inst., and I beg to inform you that it will not
be in my power to comply with your request this season, the
Governor and Committee having declined to afford freight for
the press without an official application from the Governor
. and Council of Assiniboia.

Under the circumstances, I shall do nothing in the matter
until I hear further from you, and, in the meantime ,the pro-
ceeds of-the £30 bill, remitted for payment of the press, will
fbe passed to the credit of your account with me.

I am,

Dear Sir,

Yours faithfully,

(Signed) W. G. SMITH."

The whole, nevertheless, respectfully submitted.

(Signed) ADAM THOM.

T, LAELECHE, Ptre.
JOHN BUNK"

PIONEER LEGISLATION 369

Mr. Thorn read the report of the Law Amendment Com-
mittee,— the report to lie on the table till next meeting.

BED RIVER SETTLEMENT,

May 1851.

In submitting to the Governor and Council of Assiniboia
our report on the state of the law of the district, we beg to
offer some explanatory remarks.

We have reduced the whole of the existing regulations
within the very narrow compass of little more than forty reso-
lutions. This brevity we have attained partly by throwing
aside all preambles whatever, and partly by omitting all such
regulations as would appear never to have been called into
practical operation.

In pursuit of the same desirable object, we have attempted
to simplify and abridge the phraseology. In short, we trust
that we have been enabled to disencumber our municipal code
of all those redundancies of language or enactment, which
inevitably spring from every man's overweening estimate of
present interests and present feelings.

In some instances, too, we have, under correction of
course, regarded the law, not as it is, but as it ought to be.
Our substantive modifications of local provisions will be
noticed in detail, under the proper heads. With respect, how-
ever, to the general law of the country, we must here speak at
greater length. According to a well known principle, the
law of England, so far as it ^introduced into any dependency
at all, is introduced as it may have existed at home at the
date of its introduction into the Colony, subject, however, to
the qualification, that only such portions of the same are
contemplated as may be applicable to the circumstances of the
new country. According to this view the laws of England,
which are in force in Rupert's Land, are those of 2nd May,
1670, subject, of course, to the qualification just mentioned.
Now the laws of England of that date, independently of their
inherent and essential inferiority, are difficult, nay, generally
speaking, impossible, to be ascertained, more particularly in
such a wilderness as this. We have, therefore, suggested the
substitution of the laws of England, as existing at such a
date as would render nearly every legal .publication in the Set-
tlement a work of authority. Hitherto, the inconvenience of

28159—24

370 CANADIAN AECHIVES

so obsolete a rule of decision has been in a great measure, no-
minal; but if Mr. Thorn is, henceforward, to give formal
opinions in writing, he must either shock the common sense of
the community, with antiquated absurdities in all their naked
deformity, or assume to himself a responsibility, or, rather
an authority, which ought not to fall to the lot of any indivi-
dual whatever.

But we have suggested that the modification in question of
the general law be in force only till some higher power shall
have expressly established some other rule of action. Such a
limitation is, in fact, merely declaratory of the subordinate
position of the Governor and Council of Assiniboia. Our
local legislature is not omnipotent in the same sense in which
the imperial parliament is said to be omnipotent, a point which,
as vitally affecting the business of legislation, may, perhaps,
deserve further elucidation in a report on the state of the law.

I. Our local legislature is restrained by all the statutes of
the imperial parliament which may apply to Rupert's Land;
and any colonial enactment, that might be repugnant to any-
such statute, would not only be null and void in itself, but
might expose the governor, as an assenting party, to penalties-
and disqualifications.

Two statutes, for instance, of George the Third, prohibit
the Plantations in America, of which Rupert's Land is, by
its charter, held to be one, from making paper money a legal
tender; so that the Hudson's Bay Company's local notes,
though confessedly and decidedly superior in local value to any
metallic currency in the world, yet cannot be made to consti-
tute the legal satisfaction of a debt.

II. Our local legislature, moreover, owes allegiance, the
same in kind, though different in degree, to the regulations of
the Governor and Council of Rupert's Land. In 1848, for in-
stance, a resolution was passed at Norway House, to allow
marriages to be celebrated by others than clergymen of the
Church of England or of the Church of Rome. Under this
paramount rule, ministers of the gospel generally, and, in case
of necessity, certain laymen, might marry within the District
of Assiniboia, without let or hindrance on the part of its Go-
vernor and Council ;

Offl. Our local legislature is subject, also, to the provi-
sions of the Company's Charter. Under that document, for
instance, judicial functions are vested in the Governor and

PIONEER LEGISLATION 371

Council. Though this fact, according to the analogies of
England herself, can hardly prevent the local legislature from
erecting petty Courts, differently constituted, yet it would
certainly prevent that body from constituting the supreme
tribunal on different principles,;

IV. Our local legislature, farther has no right to control
any one of the Company's chartered powers, whether territo-
rial, or commercial, or political, within the district, unless it
shall have been expressly invested with such right by the
Company itself. Excepting with regard to custom-duties, in
short, the Company is entitled to be considered as extra-terri-
torial. While the Company's mercantile agent was Governor
of Assiniboia, — more particularly as the Governor-in-chief of
Rupert's Land was then generally President of the Council, —
the presence of representatives, who had the initiative, if
they choose, in all resolutions, might be supposed to be equi-
valent to the Company's sanction. Now, however, there is
not room for any similar inference. Even with respect to
custom duties, we have limited the liability to goods entering,
or intended to enter, the settlement, as distinguished from the
district. The latter as comprising the whole of the accessible
frontier of Rupert's Land to the sojith ought not for fiscal
purposes to be practically subject to a legislative body from
which the rulers of Rupert's Land have divided themselves;

V. In addition to all the general restraints our local legis-
lature lies under two special restrictions:

First. The Indian tribes do not stand on the same footing
as British Subjects. Our local legislature, for instance, does
not appear to be competent to regulate their right of cutting
hay for themselves beyond the two-mile line, being the bound-
ary of the ceded lands, and accordingly in 1847, Mr. Governor
Christie's proclamation as to the date of beginning to cut hay,
was understood not to extend to the members of Indian tribes :

Secondly. The embodied pensioners, to whom has been
committed the protection of the Settlement, are partly soldiers
and partly citizens. How far they are citizens, and how far
they are soldiers, we do not presume to decide; but clearly, so
far as they are soldiers at all, they live under a law of their
own, with which our local legislature has nothing to do;

VI. Even when not fettered by any of these
five considerations, our local legislature, according to

28159—24J

372 CANADIAN- AECHIVES

the very terms of the charter, is morally bound
to follow the spirit of the laws of England
for the time being. On the subject, for instance, of insolvent
debtors, our local legislature, if it interfere at all, ought to
recognize and adopt the principle that poverty, unless fraud-
ulent, is no longer a crime. Sometimes, too, our local legis-
lature may be required to imitate the laws of England, not as
existing at home, but as applicable to colonies in general. In
England, for instance, the national prelates have a certain
jurisdiction over both the persons and the estates of laymen of
all denominations. But in England's dependencies, even in
such of them as, under positive provisions to that effect, have,
in some respects, received the national church as a dominant
establishment, the colonial prelates have no jurisdiction but
over their own clergymen, as sucii, and over them alone. On
this ground, marriage-licences, as affecting the laity, ought to be
issued only by the civil authorities or at least under the sanction
of the same. Now, our rules on the subject are by no means
satisfactory. The local regulation of 19th June, 1844, did
not vest in the governor any new powers; it merely provided
that marriage-licences, instead of continuing to be given as a
favor, should be sold as a right. On 22nd January, 1850,
this local regulation was rescinded, but merely rescinded by a
resolution which professed, in its preamble, to have been
framed in consequence of the arrival of the Bishop of Kupert's
Land. Without conferring any authority, or imposing any
duty on His Lordship, this second enactment restored the head
of the executive to his original position of being entitled, but
perhaps not bound, to issue marriage licences. We have, there-
fore, suggested the revival of the provision of 1844, saving,
at the same time, the rights, whatever they may be, of any and
every ecclesiastical person in the premises.

The natural guardian of all these restrictions is the Gov-
ernor of Assiniboia. In default of a subsequent prerogative
of approval or rejection that functionary, as already hinted,
possesses the preliminary option of putting, or not putting, any
and every question. Now, this almost despotic privilege, how-
ever cautiously it ought to be administered in affairs of merely
probable expediency, involves a serious and weighty obligation
in matters of constitutional principle. In consideration of
this heavy responsibility of the President of the Council, we
have recommended that, unless the votes are unanimous to the

PIONEER LEGISLATION 373

contrary, every measure shall be thrice read, on different days,
— a delay which would, further, afford a better opportunity
for ascertaining whether any proposal might be both necessary,
and also sufficient, in law, to meet' the end in view.

In conclusion, we subjoin our draft of the revised code of
municipal regulations, the whole, of course, respectfully sub-
mitted.

GENERAL PROVISIONS.

I. All local enactments, when not expressly extended far-
ther, shall apply only to that part of the District of Assiniboia
which forms Red River Settlement and its environs.

II. Fines and forfeitures, when not otherwise appro-
priated, shall go to the pullic fund.

III. Every regulation shall be interpreted without regard
to the distinctions of gender or number.

IV. If any person, in any way, encourage any violation
of any local enactment, he shall be held to be as guilty as the
principal offender.

V. Unless a special regulation provide to the contrary,
every wrong has its remedy under the general law of the
country.

1. All local regulations, that were on record on 30th April,
1851, are repealed.

Fires.

2. If any hay-stack in the open plain shall be injured by a
running fire, the owner shall not recover damages unless such
hay-stack has been protected, at a distance of at least thirty
yards, by a ploughed belt of at least four feet wide.

3. If, between thirty first May and , any person

shall kindle a fire intended to run, he shall be fined ten
pounds, one half to go to the prosecutor, — Provided that the
bench may remit the whole fine, if the defendant has both
kindled the fire through necessity, and has done all in his
power to prevent it from spreading.

4. If any fire in the open air, which is not intended to run,
shall be left burning without due precautions, or be negli-
gently allowed to spread, every person, who may have kindled
or fed or used the same, shall be fined from five shillings to
fifty shillings.

374 CANADIAN ARCHIVES ' if ;jj

Animals.

5. If any cattle trespass on enclosed ground, the damages
shall be equally divided among all the trespassers, which may,
moreover, be kept in pledge till security be given for the pay-
ment of such damages, at the cost to the owners of six-
pence a day each, — Provided that no part of the damages shall
fall on any animal which can be proved to have effected an
entry through an open gate, or through fencing of less than
average strength or height or closeness.

6. If any stallion, rising two years old or upwards, be
found at large, the owner shall be fined twenty shillings; and
the animal himself may be kept in pledge, till security for
payment be given, at the rate of sixpence a day.

7. If any ram be found at large, between 30th June and
1st November, such ram may be detained by any person, till
the owner pay him ten shillings, for his own use.

8. If, between 31st March and 1st November, any pig be
found at large, the owner shall be answerable for all such in-
jury done by pigs, as his pig, with reference to time and place,
could possibly have occasioned unless he can trace such injury
to some other pig or pigs in particular.

Horse taking.

9. If any person take another's horse, to ride or
drive, without consent, he shall be fined one pound, and shall
forfeit all such equipments, of any description as he may have
used in such riding or driving.

Hay.

10. If any settler cut hay behind the two-mile line before
20th July he shall forfeit the same, or the value thereof.

11. Any exclusive privilege of cutting hay between the
two-mile line and the four-mile line, shall be forfeited for the
season, as soon as the party entitled shall cut hay beyond the
four-mile line ; and, at all events, all such exclusive privileges
shall be thrown open to all after the 31st August.

12. If any settler trespass wilfully on another's hay
ground, he shall forfeit the proceeds, whether in kind or in
value, for the benefit and satisfaction of the party injured,
without receiving any allowance for his labour; but if he tres-

PIONEER LEGISLATION 375

pass in ignorance, he shall still forfeit as before, though not
without compensation for his time.

Roads, &c.

13. The main highway shall be two chains wide.

14. Any other actual thoroughfare may be repaired or
improved as a public path, but not till all the parties inter-
ested in the soil shall have consented to leave unoccupied,
from time to time, one uniform breadth, so as to provide
against the encroachments of the river, or any other similar
influences.

15. Any person who may dig a hole through the entire
thickness of the ice, or through any portion of such thickness,
shall, from time to time, mark the same, at the point nearest
to the actual track, with a pole at least six feet high, being
otherwise liable to make good all the injury which such pole
might have been expected to prevent.

16. On 1st June in each year, the Governor of Assiniboia
shall appoint three road inspectors for every section of four
miles, more or less, on the entire length of the main highway.

Library.

17. The Eed Eiver Library shall be a body corporate ; and
it shall have charge of the books, &c., which were bequeathed
to the Settlement by the late Mr. Peter Eidler.

Distillation.

18. If, without the Hudson's Bay Company's authority
any person distil, or attempt to distil, native spirits, or own,
or possess, either such spirits, or any vessel, or materials, pre-
pared or intended for the manufacture thereof, he shall be
iined ten pounds, arid shall forfeit all such materials or
vessels or spirits.

The Intoxicating of Indians.

19. If any person, without distinction of race, supply any
reputed Indian, or any member of an Indian nation, with the
means of intoxication, he shall be fined as follows I—-
Two pounds for furnishing any brewing utensils;
Three pounds for furnishing malt;

376 CANADIAN ARCHIVES

Five pounds for furnishing fermented liquors;
Ten pounds for furnishing any other immediate cause of
intoxication than fermented liquors.

20. In addition to these fines, the offender shall make
restitution to the Indian of all the equivalent which he may
have received, if any, for such furnishing, — every part of such
equivalent, not being money itself, being valued, for this pur-
pose, at prime cost.

21. If an intoxicated Indian commit, or threaten to com-
mit, any unprovoked violence, he may be imprisoned, in addi-
tion to any specific punishment, till he prosecute the person
who may have been guilty in the matter.

22. If any person possess, or have possessed, malt or beer
or spirits, or any other of the above specified means of intoxa-
cation, in the society or tent of any Indian, he shall be held
guilty of furnishing such means of intoxication to Indians.

Custom Duties.

23. Everything, which may enter the Settlement, or which,
after entering the country to the address of any settler, may
be diverted from its proper destination, shall pay four per
cent on the prime cost :

Excepting

I. The produce of the chace ;

II. Whole packages passing through the Settlement
according to their original destination ;

III. Personal baggage, comprising everything but articles
of consumption, which may arrive in the country, for the
owner's own use, in the same season as the owner himself.

IV. Live stock;

V. Books, maps, plates, prints, philosophical apparatus,
&c. ;

VI. Stoves;

VII. Anything intended for the improvement of agricul-
ture, or of manufactures;

VIII. Canvas, ropes, tar, and other naval stores, unavoid-
ably brought into use for the importer's own boats, on their
upward voyage.

IX. Packages employed as such.

24. The want of an invoice if unavoidable, shall be sup-
plied by the oath of the importer as to the value of the goods ;

PIONEER LEGISLATION 377"

but such want, if not unavoidable, shall be supplied by the-
estimate of three persons to be named by the collector.

Police.

25. Efficient householders, not exceeding fifteen in num-
ber, shall be appointed constables on — September in every
year, then taking the following oath : " I swear by God, as I
shall answer to God at the great day of Judgment, that I
shall, till lawfully discharged from my office of constable for
the District of Assiniboia, be always ready, at all hazards, to
serve and execute all legal writs, and to maintain the peace -
and security of the said district against all enemies and
disturbers of such peace or such security, and that I shall to-
the utmost of my ability, obey all laws and all lawful authori-
ties within and for the said district, and induce all others to
obey the same, — and that I shall do my best to become acquaint-
ed with the regulations of the Governor and Council of the said '
district."

26. For any neglect of duty, any constable may be*
suspended by any magistrate or petty court, or may be dis-
missed by the general court.

27. Each constable shall receive twelve pounds a year,
excepting that, if dismissed for neglect of duty, or pronounced '
after the close of his year, to have been deservedly suspended, -
he shall receive only three shillings and sixpence for every
day of actual service.

Intestate Estates.

28. When any person has died without a written will, no-
individual shall intermeddle with the property till he has
received letters of administration from the Governor of Assi-
niboia.

Marriage Licences.

29. On payment of one pounds a marriage licence shall be
issued by the Governor of Assiniboia to any applicant who
may have sworn before him that neither himself nor his
intended consort, is already living in lawful wedlock, — Saving
the rights whatever they may be, of any ecclesiastical person^
in the premises.

~~37S CANADIAN ARCHIVES

Administration of Justice.

30. Dr. Bunn shall be coroner for the District of Assi-
niboia.

31. Cuthbert Grant, Esq., and Mr. William Ross, shall be
.sheriffs for the same.

32. Mr. William Boss shall be Governor of the Gaol from
1st June 1851, with a salary of .thirty pounds a year.

33. The General Court shall sit for the District of Assini-
.boia, with a jury, on the Third Thursday of February, of
May, of August, and of November.

34. In place of the laws of England of the date of the
Hudson's Bay Company's charter; the laws of England of
4;he date of Her Majesty's accession so far as they may be
applicable to the condition of this Colony, shall regulate the
proceedings of the General Court, till some higher authority,

-or this Council itself, shall have expressly provided, either in
whole or in part, to the contrary. i

35. Petty courts shall sit as follows: —

I. White Horse Plain Section, from Sturgeon Creek up-
-wards. on both sides of the Assiniboine, on the second Monday,
of January, of March, of May, of July, of September, and of
November, at Mr. Grant's house;

II. Lower Section, from the Upper church downwards, on
both sides of the Red River, on the fourth Monday of these
same months, at St. Andrew's school;

III. Upper Section, comprising all the rest of the Settle-
ment, on the third Monday of every month, at the Court
House ; Provided, however, that anyone of these Petty Courts
may adjourn itself over seed time and harvest.

36. The petty judges shall be as follows receiving five
Pounds a year each: —

I. Mr. Pascal Berland, (1) Mr. Urbain Delorme, and Mr.
Joseph Guilbeau, with Mr. Grant as President.

II. Mr. Donald Gunn, Mr. Roderick Sutherland, and Mr.
John Inskter, with Dr. Bunn or Mr. Thomas Thomas as
President.

III. Mr. Francois Bruneau, Mr. Maximilian Genton, Mr.
"William McMillan, Mr. William Ross, and Mr. Alban Fidler,
with Mr. Black as President.

37. Two petty judges and the president shall form a quo-
rum, the president voting only when the others .have not
decided by a plurality of votes.

* i.e. Breland.

PIONEER LEGISLATION 379

'3*8. These petty courts shall take cognizance of all actions
of debt, with the exception of questions of revenue, not exceed-
ing five pounds, and also of Provided,
however, that, where the debt exceeds five pounds, the losing
party may appeal to the General Court, on giving security for

jCOStS,

39. In any petty court, the original summons shall run
-only for its own section of the settlement, but all other writs

whatever shall run for the District of Assiniboia.

40. If, in any suit originally brought before the General
Court, the bench, after verdict rendered against the defendant,
shall unanimously decide that such suit ought to have gone
before a petty court, the plaintiff shall, in that case, recover
costs only as in such petty court.

41. In any court, either party to a civil action may be
made the other's witness.

42. Every writ, including service or execution thereof,
-within the range of the settlement, shall cost one shilling.

43. In a civil case, the jurors shall receive one shilling
each; while all witnesses whatever shall receive two shillings
and six pence a day each.

44. Any person, who may be imprisoned in respect of any
crime, or of any penalty, shall daily receive one pound of
pemmican, and water at discretion; and no person may be
imprisoned, or kept in prison, at the suit of any creditor,
unless he shall receive, every week, in advance, a daily allow-
ance of four pence from such creditor.

Executive Officer. .. |',.

45. Mr. William Eobert Smith, with a salary of seventy
pounds a year, shall discharge all such administrative func-
tions as may not be specially assigned to any other person.

Legislative Proceedings.

46. Unless the votes be unanimous to the contrary, no
motion shall be carried without having been twice read, on two
different days.

(Signed) ADAM THOM

LOUIS LAELECHE, Ptre.

JOHN BUNK

380 CANADIAN AECHIVES

The Bishop of Rupert's Land moved and Mr. Grant
seconded, this resolution: That John Black, Esq., the Kev.
Louis LaFleche, and Dr. Bunn, be a committee to audit the
accounts, down to the first day of December next.

Carried unanimously.

Major Caldwell read a petition, from Joseph Daniell and
others, in favour of a new road by the houses in the lower
part of the settlement:

"To the Governor and Council of Assiniboia:

Gentlemen, —

We, the inhabitants of that portion of the lower district of
this Colony, situated between St. Andrew's Church and the
Water Mill Creek, beg to suggest to your Honours, that the
highway, now known as the " King's Road/' is inconvenient
and injurious to your petitioners.

1st Inconvenient, by being at too great a distance for easy
intercommunication. In many places, persons who live at very
little distance from each other in a direct line, require to travel
some miles before they can go to each other's houses with
wheeled vehicles.

2nd We consider the road now used as the public way,
extremely inconvenient to professional men, namely to the
doctor and parish minister, who are often called upon to visit
the sick, and who ought to have the greatest facility of per-
forming their duty, which the present road does not by any
means afford.

3rd We would observe that the existing road is full of"
deep pools of water for a great part of the season, and those-
places, when in such state, can only be passed at the great risk
of travellers being precipitated into the mire, and trodden
under their horses' feet, which state can only be remedied by
a great outlay of public money, whereas a road near the houses
could be made at comparatively little expense, and would
answer all, who are concerned, much better than the present.
Your petitioners consider the present road injurious from the
number of Indians who are continually passing up and down
the settlement on it, whose dogs are often devouring our sheep,,
calves, and pigs, and that, by being at so great a distance, with-
out our being able to protect our property, or even find out the
depredators. Were the road passing in the vicinity of the
houses, these losses might be prevented, or, if not, in some-

PIONEER LEGISLATION 381

-cases, the perpetrators would be discovered and made to pay
damages.

Believing that the object of all your deliberations is the
comfort, prosperity, and protection of those for whom you
legislate, we doubt not your favourable consideration of thf>
prayer of our petition."

Dr. Bunn moved, and Mr. Black seconded, this resolution:
That the Governor be authorized to grant the prayer of their
petition, provisionally, on condition of all and every the parties
interested in the land signing a deed to surrender a sufficient
breadth on their respective lots. Carried unanimously.

A petition from Louis L'Irlande was read, to the effect
that he demanded indemnity for the occupation of his land
by the fulling mill:

" A son excellence Major Caldwell,

Gouverneur d'Assiniboia.

Monsieur le Gouverneur, —

J'ai Phonneur de porter a la connaissance de votre excel-
lence les motifs sur lesquels est fonde"e ma plainte en la non-
execution du contrat fait avec moi par le conseil colonial a
sujet du moulin a fouler.

II me fut promis par M. Ballenden que la compagnie
n'acheteroit des habitants aucune etoffe qui ne seroit point
foulee, ce qui auroit tenu le moulin en activite.

Apres un an de libre pratique, d'apres le releve des
recettes et depenses fourni par moi, on devait contracter .pour
le louage a la rente du moulin, aucune de ces choses n'a ete
lemplie par F administration coloniale.

Le moulin se trouve place sur ma propriete et ne me rap-
portant rien je crois avoir droit a Findemnite du terrain
occupe. De plus, comptant sur les promesses qui m'avaient
ete faites, et que j'ai indiquees plus haut, et voulant rester
fidele a ma parole de me tenir continuellement a la disposition
du public qui voudrait user du moulin, pendant un an je me
suis interdit toute absence et fruste de certains benefices d'oc-
currence, ce qui est devenu pour moi un prejudice, et semble
me donner droit a une indemnite, attendu que mon Industrie
•ne m'a rien apporte pour que la promesse de M. Ballenden
n'a point ete remplie.

382 CANADIAN ARCHIVES

Je prie son excellence de preter Poreille a ma demande, et
j' attends qu'elle me fasse connaitre sa volonte, si elle desire
que le moulin soit utile au public.

J'ai rhonneur d'etre,

Monsieur le Gouverneur,

de votre excellence
le tres humble et obeissant serviteur,

(signed) L. L'lRLASTDE."

Mr. Black moved, and Dr. Bunn seconded, this resolution :
That, as the petition shews no clear ground of claim,

this council cannot grant any indemnity, till better reasons,

if any such exist, be shewn by the petitioner.
Carried unanimously.

A petition from the Presbyterians was read, to the effect
that the acts and registers of the Presbyterian minister be
declared to be valid, and that marriage licences may be issued
by the Governor, as before.

'.*•;-.-". ' /

" To the Governor and Council of Assiniboia.

The petition of the committee of management acting for
and on behalf of the Presbyterian community of Red River
Humbly sheweth:

That your petitioners are anxious to see the Presbyterian
community of this settlement placed on that footing which
the laws of the colony may recognize.

That your petitioners pray, that the Governor and Coun-
cil may be pleased to pass a resolution, if necessary, to the
effect that all registers of marriages, baptisms, and funerals,
performed by the Rev. Mr. Black, or any other regularly
ordained Presbyterian minister settled here, be good and valid
in law.

That your petitioners are anxious to know whether th&
Governor and Council will recognize the right of the Pres-
byterian community to obtain from the Governor of the colony
marriage licences, if required.

That your petitioners beg leuve to lay before you the ac-
companying documents, !Nos. 1 and 2, bearing on the subject
in question, and pray that the case as now submitted, be taken-
into consideration at as early a period as may be convenient.

PIONEER LEGISLATION 383-

And your petitioners as in duty bound, shall ever pray..

(Signed) A. EOSS,

JOHN ERASER,
JOHN SUTHERLAND,
ALEX. SUTHERLAND,
JOHN MATHESON.
Members of the committee of management.

No. 1. RED RIVER SETTLEMENT, Oct. 8, 1851..

To The Honourable ADAM THOM,

Recorder of Rupert's Land.

Hon. Sir, — Having recently arrived in this Colony with1
the design of residing for a time within its limits in the capa-
city of a minister of the Presbyterian Church, I am desirous-
of ascertaining my legal position, as defined by the laws now
existing, and therefore beg hereby to make application to you,
as the highest legal authority in the Colony, for information
and counsel on that head, in order that being duly advised
thereupon, I may take whatever steps and comply with what-
ever requirements are necessary to give to such of my acts or
registers, in the above mentioned capacity, as may have legal:
bearing, full legal force.

I remain,

Hon. Sir,

Your obedient servant,
(Signed) JOHN BLACK.
No. 2.

To The Reverend JOHN BLACK,]

Presbyterian Minister, }• RED RIVER SETTLEMENT,..

Red River Settlement.] 9th Oct. 1851.

Reverend Sir,

I beg to acknowledge the receipt of your letter of yester-
day's date, in which you apply to me for information and
counsel with respect to your legal position, in your profes-
sional capacity, within this colony.

To begin with the most important branch of the inquiry,
the Law of England of 2nd May 1670, as introduced into this
country by the Hudson's Bay Company's Charter, deems valid7

-384 CANADIAN ARCHIVES

such marriages only as may have been celebrated by a person
in holy orders, — an expression which while it altogether ex-
cludes Presbyterian ministers, appears to comprise alike the
clergy of every episcopal church, whether of England or of
Rome or of Scotland or of America. Thus far, therefore, you
are not entitled to solemnize marriages.

!N"or would the Act of Union seem to have done anything
; to modify the general system, as just laid down. The fourth
section of that statute, in establishing an equality of "rights,
privileges and advantages" between the subjects of England
and the subjects of Scotland, referred as well to " the said
United Kingdom " as to " the Dominions and Plantations

• thereunto belonging." Independently, therefore, of all other
difficulties in the matter, the Scotch rule of marriage could
have no better claim to a co-ordinate authority in Virginia or
Jamaica, than it could have in York or London, or than the
English rule of marriage could have in Edinburgh or Aber-
deen. But the enactment in question, even if it had been
restricted to the dependencies of the empire, could hardly

'have embraced this country within its range. The relation,
which Rupert's Land bears to the British Isles, is so peculiar
as to exempt it, unless named or at least described, from the

-positive provisions of imperial legislation; while, in this
particular instance, it must clearly have been exempted by the
special fact that its fundamental law had, for its object, to
deprive the subjects of England themselves, and even the very
Crown of England, of local " rights, privileges, and advant-
ages." Considering however, that Scotland has been, and still
is, the main source of colonial population, she has an equitable
right, under the act of union ,to be put, as far as possible, on
the same footing as England in every colony.

But the English rule of marriage has not been allowed by

• our authorities to remain unchanged. In 1848, the Council of
Rupert's Land passed a resolution, to the effect that religious
teachers in general, and, in case of necessity, certain laymen,
might celebrate marriages. Under this regulation, of which,
however, I cannot cite the very words, you would, I appre-
hend, be as competent to act in the premises as the clergy of
the Church of Rome or of the Church of England. Still,
there might exist an imperfection in the way of evidence.
You would, therefore, require to have your register of mar-
riages declared authentic by the only legislature which is at

-present accessible, — a declaration, by the bye, which, if

PIONEER LEGISLATION 385

extended to your other registers, would at once confer com-
plete validity on your baptisms and burials.

Finally, to offer one remark more on the subject of marriage,
our system of licences, unless altered, may produce embar-
rassment and collision. At present they are, in practice,
issued by the Bishop of the Church of England. The precise
mode of remedying this evil must be left, I apprehend, to the
Governor and Council of Assiniboia.

I have the honour to be,
Reverend Sir,

Your faithful servant,

(Signed) ADAM THOM.

Mr. Black moved, and Dr. Bunn seconded, this resolution :
That, in future, any legally ordained Presbyterian min-
ister, labouring in the Settlement, may validly solemnize
marriages in the District of Assiniboia; and that all registers
of marriages, baptisms, and burials, regularly kept by any
legally ordained Presbyterian minister, shall be deemed legal
and valid records.

Carried unanimously.

A petition was read from the Trustees of the Presbyterian
Church of Frog Plain, for a grant for education. Referred to
next meeting.

" To the Governor and Council of Assiniboia

The petition of the Trustees of the Presbyterian Church
on Frog Plain

Humbly sheweth:

That a school has existed, for two years, on the glebe of
the said church; •

That said school, as not being under the patronage of the
Bishop of Rupert's Land, does not appear to have been
contemplated in the grant of fifty pounds which you
gave to His Lordship, in April last, for the purposes of
education.

That during the latter part of the interval, the said school
has been placed under the auspices of a duly ordained
minister ;

That, in reliance on his active and enlightened superin-
tendence, your petitioners, and those whom they re-

28159—25

386 CANADIAN ARCHIVES

present, hope to see the said school raised, in some
measure to the level of the parochial schools of Scot-
land;

That, as the improvement of education seems to be more
requisite, at least among the Protestants of the settle-
ment, than its mere extension, your petitioners pray,
that their minister may receive, from the public fund,
a sum proportioned to the fifty pounds, as aforesaid,
granted to the Church of England, without prejudice,
however, to the recognized equality in the premises
between the Protestants as a whole and the Roman
Catholics.

And your petitioners shall ever pray.

(Signed) A. ROSS,

JOHN ERASER, and the other
trustees of the Presbyterian
community.

Red River Settlement,]
25th Nov. 1851. J

Dr. Bunn moved, and Mr. Grant seconded, this resolution :

That the Governor of Assiniboia be authorized to levy
twenty shillings on the issue of a marriage licence.

Mr. LaEleche gave notice of a motion, for next .meeting,
for a scow on river.

Dr. Bunn gave notice that, at next meeting, he would
apply for a grant of twenty-five pounds in aid of the agricul-
tural association.

(Signed) W. B. CALDWELL.

A true copy

ADAM THOM.

Council Chamber,

13th July, 1852.

The revised code of municipal regulations, as presented to
last meeting, by the committee appointed to frame it, was car-
ried unanimously, the name of " Dr. Cowan " having been

PIONEER LEGISLATION

387

substituted for that of " Mr. Black ", in the 36th resolution,
and the blanks having been filled up as follow:

3rd resolution — " 1st December "
25th — " 1st ".

38th — " All petty offences do not involve any

other than a pecuniary penalty of not more than Forty Shil-
lings Sterling," and the word " June " having been changed
into the word " January " in the 16th resolution, and " Ten
shillings " having been reduced to " Two Shillings and Six
Pence " in the 7th resolution.

Dr. Bunn moved and Mr. La Fleche seconded this resolu-
tion:

That fifteen pounds be granted to the Rev. John Black of
Frog Plain for the purposes of education, in accordance with
the petition of the committee of his congregation.
Carried unanimously.

Petition from the agricultural association to lie over.

Mr. La Fleche gave notice that, at next meeting, he will
move for an additional grant, to the Bishop of St. Boniface,,
of fifteen pounds for education, in consideration of the addi-
tional fifteen pounds now granted for the education of the
English population.

(Signed) W. B. CALDWELL.
A true copy

ADAM THOM.

Council Chamber^

9th December, 1852.

f' Major Caldwell made a general statement of the muni-
.cipal finances, shewing that the funds and expenses down to
this date, pretty nearly balanced each other.

Dr. Bunn moved, and the Bishop of Rupert's Land seconded,
that twenty five pounds be granted in aid of the Agricultural
Association.

For Against

Bishop of Rupert's Land
Dr. Bunn

Bishop of St. Boniface
Mr. Bird
Mr. LaFleche
Mr. Grant
Mr. Cockran

Rejected.

28159—251

388 CANADIAN ARCHIVES

Mr. LaFleche moved, and Dr. Bunn seconded, That
fifteen pounds be granted to the Bishop of St. JBoniface for
the purposes of education.

Against

Bishop of St. Boniface Bishop of Rupert's Land

Mr. LaFleche Mr. Bird

Mr. Grant Mr. Cockran
Dr. Bunn

Carried.

Mr. LaFleche moved, and the Bishop of St. Boniface
seconded, That Mr. William Dease and Mr. Louis Bousquet
be appointed judges of the petty court of the Upper District.
Carried unanimously.

Dr. Bunn was authorized to procure a room for the petty
court of the Lower District, as near as possible to the St.
Andrew's church.

Major Caldwell read a letter from Louis Rielle proposing
to buy the fulling mill and its building all but the iron fuller :

" To the Governor and Councillors of Assiniboia.
Gentlemen,

" Your fulling mill has not been employed once since five
" years, and as there is no appearance of more encouragement
" for the future, I take the liberty of addressing you this note,
" to know if you would sell it out. As I am about to build a
" water mill on the River La Seine, that building would suit
" me well to that purpose, and I would make the acquisition of
" it, excepting the iron fuller, which would be of no use to me,
" and is the piece of greater value. If you would let me know
" on what conditions you would sell it, it would oblige very
" much your most obedient servant,

(Signed) LOUIS RIELLE."

Dr. Bunn moved, 'and Mr. LaFleche seconded. That the
Bishop of St. Boniface Mr. LaFleche, and Dr. Bunn, be
appointed a committee to sell the building alone to the appli-
cant, and to make any arrangement short of sale with respect
to the fulling mill itself.
Carried unanimously.

PIONEER LEGISLATION 389

Major Caldwell gave notice that, at next meeting, he would
bring before the council a proposal with respect to any pro-
perty that may be stranded by a flood.

Mr. Cochran gave notice of a motion that a sum of £100
be granted forf the relief of the sufferers by the late flood, and
more particularly for the purchase of seed corn.

Mr. LaFleche gave notice of a motion that some measure
ought to be adopted for preventing secret sales of land to the
injury of creditors.

(Signed) W. B. CALDWELL.
A true copy
ADAM THOM.

Council Chamber,

29th March, 1853.

Major Caldwell swore in as Councillors the following
gentlemen, according to instructions received from the Honour-
able Committee of the Hudson's Bay Company, — Dr. Cowan,
Mr. Bruneau, Mr. William Ross, Mr. Robert McBeath, Mr.
Thomas Thomas, and Mr. Thomas Sinclair. Major Caldwell
read an extract from the despatch of the Honourable Com-
mittee, disapproving of the grants for education, as being a
misapplication of the public fund.

Dr. Bunn reported, on behalf of the committee appointed
with respect to the fulling mill, that Mr. Louis Rielle is willing
to give fifteen pounds for everything but the mill itself, on
condition of getting credit till December on his own personal
security.

It was ordered that Mr. LaEleche should communicate
with Mr. Rielle to the following effect, that he shall receive
one pound for removing the unsold part of the property,
being the mill itself, and shall find, for the remaining four-
teen pounds, such surety or sureties as may be satisfactory to
Mr. LaFleche.

Mr. LaFleche moved, and Mr. Cockran seconded, this
resolution :

That for the future, no immoveable property shall be sold
without intimation made or posted previously, on two succes-
sive Sundays, at the door of every church in the Settlement,
— and that in case the sale may have been effected without
this intimation, the buyer shall be responsible for the debts of

390 CANADIAN ARCHIVES

the seller to the amount of the true value of the immovable
property.

Carried unanimously.

Major' Caldwell read an offer from Mr. Buchanan, the
Company's mercantile representative, to the effect, that he is
ready to advance, in the guarantee of the Governor and
Council seven hundred bushels of wheat for seed to be repaid
in kind on or before 1st April, 1854 or, in the single event of
" a general failure of the wheat crop of the coming season "
on or before 1st April, 1855.

Mr. Cochran moved, and Dr. Bunn seconded, That Mr.
Buchanan's liberal and kindly offer be accepted, with the cor-
dial thanks of the Governor and Council on behalf of the desti-
tute sufferers from the late flood.

Dr. Bunn moved, and Dr. Cowan seconded, That Mr.
LaFleche be authorized to dispose of the exclusive right of
ferrying for hire, within a distance of a quarter of a mile
above or below the point, on the most equitable terms, — and
that any other person, ferrying for hire within those limits,
shall incur a penalty of two shillingsi and sixpence for each
violation of the law, in addition to costs.
Carried unanimously.

Major Caldwell presented the following petition, from Mr.
Narcisse Marion and others :

" A Son Excellence le Gouverneur

A M. M. Les Conseiliers d'Assiniboia.

1. Considerent que dans les differentes colonies Anglaises
il est Publier regulierement chaque annee un Etast des reve-
nus et depence Publique.

2. Et considerent de plus que dans cette collonie on a en-
core jamais Publier un Pareil Etat des revenus et despence
Publique, ISTouSj soussignee prenons la liberte de nous a dresser
a vous pour vous de mander qu'il vous plaise de faire Publier
aimuellement 1111 Exposer des revenues et des depence de la
Collonie. Nous vous adressons cette de mande avec confiance
parceque nous la croyon juste et L'Egitime et que nous avons
la la conviction que votre honorable Conseil ne re f user a poin
rle serendre auvne general de la population.

PIONEER LEGISLATION 391

Rivier Rouge

22 Mars, 1853."

Dr. Bunn moved and Mr. Bruneau seconded,, That Dr.
Cowan, Mr. Thomas, and Mr. Ross be auditors of the public
accounts, and that they publish the same on the second Sunday
of June.

Carried unanimously.

Major C aid well read the following letter from William
Tait Junior

" To Major Cadlwell

Governor. Red River Settl.

28th March, 1853.
Sir,

As you were good enough to say that you would lay my
claim as to the Seven Oaks Bridge before the council tomor-
row, I now state it in a general way, hoping that the council-
lors and yourself, if you can do nothing more at present, will
at least direct some particular inquiry into the merits of my
case.

According to my contract, I was bound to finish the job
in the fall of 1851. If the Settlement had enabled me to do
so, the flood, when it came, would have found my work com-
pleted. But the wood, as I repeatedly explained to you, did
not come in time. In truth, the last raft was beset with ice
before it was taken out of the water. In consequence of this
delay, the building of the bridge was unavoidably put off, as
I then mentioned to you, till the spring.

Even if the loss of time had been my fault, I do not admit
that I ought to have been made responsible for an act of God,
whieh besides carrying away all the public bridges in the same
neighbourhood, carried away so much of the property of the
most provident individuals. But the loss of time was not my
fault, and I cannot suppose that, after being disappointed as I
was, I was also to be responsible for a misfortune, which, in
the calculating of my terms, could not possibly have entered
into my mind. As a proof of my moderation and carefulness,
I may add, here, that my offer for each of the other two bridges
that I undertook the -same season, was precisely, as I under-
stood, the same as the estimate on the subject.

392 CANADIAN ABCHIVES

As I should be sorry to take advantage of a public calamity,
I do not wish for anything more than what I have actually
spent, without reckoning my own trouble and attention. This
would amount to £7. 17. 4.

Hauling 212 pieces at 6d. £5. 6. 0.

Sawing 77 pieces at 8d. 2. 11. 4.

£7. 17. 4.
9

The money was ordered to be paid.

Dr. Bunn gave notice of a motion to the effect, that the
property of a debtor may be arrested in the hands of a third
person.

Dr. Bunn gave notice of a motion to the effect, that the law
ought to be declared as to what amounts to leaving the country
on the part of a debtor.

(Signed) W. B. CALDWELL.

A true copy
ADAM THOM.

Council Chamber,

18th October, 1853.

Mr. LaFleche reported on the subject of the fulling mill,
and also with respect to the ferry — resigning, at the same
time, all charge of the ferry.

Dr. Bunn moved, and Mr. Cockran seconded, That, for the
prevention of fraud, and also securing against the evasion of
just claims, upon legal and satisfactory evidence being given,
that a debtor is about, with a fraudulent intent, to remove
from the jurisdiction of the settlement, any member of the
General Court may issue an attachment against any moneys
or incomes belonging to such debtor, wherever placed, or
whencesoever derived, — as security against evasion of any
claim so substantiated.

That, to establish uniformity in practice and principle in
all courts in issuing warrants, a person entering as a contract
servant in the service of the Hudson's Bay Company, and re-
moving from the settlement, shall be held as leaving the
country.

Mr. Black moved, and Mr. Boss seconded, the amend-
ment:— That the proposed measures be referred to the next
meeting of Council.
Carried unanimously.

PIONEER LEGISLATION 393

Dr. Cowan moved, and the Bishop seconded, That, mean-
while, a substantive resolution be framed, for the considera-
tion of the Council,, by the following gentlemen, acting as a
Committee, — Dr. Bunn, Mr. Black, Mr. Ross, Mr. Bruneau,
and Dr. Cowan.

Carried unanimously.

Mr. Black moved, and Mr. Cockran seconded, That Dr.
Cowan, Mr. Grant, Mr. Sinclair, Mr. Bruneau, and Mr. Ross,
be a Board of Works for the management of Roads and
Bridges.

Carried unanimously.

Dr. Bunn moved, and Mr. LaEleche seconded, That no
money be granted, unless on a report and application of the
said Board.

Carried unanimously.

Mr. LaFleche moved, and Dr. Bunn seconded, That Dr.
Cowan, Mr. Bruneau, Mr. Maximilien Genton, Mr. J. Bte.
Lepine, Mr. Solomon Hamelin, Mr. Michel Dumas, Mr. Nar-
cisse Marion, and Mr. Jean Venis, be authorized to trace a
road, of one chain in breadth, subject to the obligation of
removing the side fences in winter, on the west side of Red
River,*£rom the Assiniboine to the Pointe Coupee [?] — and
that the road so traced be legalized, — the whole to be approved
by the Board of Works.

Carried unanimously.

Mr. LaFleche moved, and Mr. Bruneau seconded, That a
premium of three shillings and sixpence be paid for the head
of every wolf killed within twenty miles of the settlement, such
head to be delivered to some one of the following gentlemen :

District of White Horse Plains — Joseph Guilbault; Upper
Part of Red River — Maximilien Genton and Mr. Bruneau;
Lower Part of Red River — Mr. McBeath and Mr. Sinclair;
Sturgeon Creek District — Mr. James Isbister.

Carried unanimously.

A petition was presented from Mr. Smith, as Collector of
Custom-Duties :

" To the Governor and Council

of Assiniboia assembled.

Gentlemen, —

May I beg a few moments of your time to advise me how
to act under the following circumstances, connected with the

394 CANADIAN ARCHIVES

proper discharge of my duties as the Collector of Custom
Dues?

First. As we have no official correspondence with the Amer-
ican agents who supply merchandise to the Settlers of this
Colony, it becomes almost impossible for the Collector to know
who imports goods from the United States via Pembina. The
Collector humbly suggests, That Your Honourable Council
will take it into your consideration, The propriety of passing
a Law to the effect, That all importers from the United States
shall, within a limited period after the arrival of their mer-
chandise, and before breaking bulk, produce their invoices to
the Collector.

Second. Whereas a number of persons have settled at Port-
age des Prairies, who import merchandise from 'Europe, and
may also from the U. S. of America, Is the Collector to con-
sider the above place in the District of Assiniboia and to
demand Custom-Duties on the importations? If so, the Col-
lector begs the Council to consider the great distance, and cause
an act of Council to be passed that all merchandise imported
above a certain distance beyond the Forks of the Red River
be settled with the Collector before leaving the Upper Court
House, and before breaking bulk.

Third. Seeing that [through] the negligence of some, and
the inability of others, during the past year, great loss of time
was sustained by the Collector, and upwards of £1200 worth
of property which ought to have been paid for, was not, and
as this neglect may ultimately lead to serious consequences and
litigation, the Collector prays that an Act may be passed
that all Custom-Dues shall be settled on or before the first
day of April, and that all Fines and Forfeitures not later than
the last Court Day in May.

Fourth. Whether clergymen, with the Inhabitants of
Indian Missions situated in the District of Assiniboia, are
exempt from Custom-Duty ?

Lastly. Whether materials imported (expressly for the
building of Churches and Chapels, or any place intended for
Divine Service) such as Bells, Glass, E~ails, Paint, Putty, Oil,
Sheet Iron, and other necessaries whether for embellishment
or service of said edifices are exempt from Custom-Duties?
Answers to the foregoing will greatly oblige,
Gentlemen,

Your most obedient servant,

(Signed) W. R. SMITH."

PIONEER LEGISLATION 395

Dr. Bunn moved, and Mr. Cockran seconded, That Church-
Bells be exempted from Duty.

(Signed) W. B. CALDWELL.

A true copy
ADAM THOM.

Council Chamber,

8th Deer., 1853.

Dr. Bunn read the report of the Arrestment Committee:

" The Committee appointed by the last Council for con-
sidering the questions regarding the definition of a leaving
of the Country by a debtor, and the introduction of a law foi
enabling creditors to arrest funds belonging to their debtors
in the hands of third parties, beg leave to recommend the fol-
lowing resolutions to the adoption of the Council : —

1st. That, besides the obvious legal construction to be put
upon the movements cf a person proceeding to a foreign
Country without shewing grounds for expecting his return
within the same season of his departure, it be, and hereby is,
enacted, that any person about to leave the settlement for a
period of one year or upwards for a part of this country over
which the civil jurisdiction of the Courts of the Settlement
does [not] extend shall be held to be leaving the country.

2nd. That any of his creditors, to the extent of not less
than £20, may, on making oath before a Justice of the Peace
to the correctness of the debt, and to the fact of his belief in
his debtor's intention to leave the country, according to either
of the above definitions, compel him either to give security
for his appearance at the then next ensuing court, or, failing
that, apprehend and detain his person in the settlement till
then.

3rd. But from the operation of this law, every debtor shall
be exempt whose agreement to leave the country for a certain
period, as an engaged servant of the Company or others, has
been entered into and published by the exhibition of his name
in the Company's office at Fort Garry, at least four days prior
to the sitting of the last competent court preceding' the date
of his intended departure, provided, however, that, in no case,
shall such exemption be construed to extend to persons con-
templating an unlimited period of absence from the settlement,
either in a foreign country, or in a part of this country beyond

396 CANADIAN ARCHIVES

the limits of the jurisdiction of the courts of the settlement ;
and provided, also, that no debtor, whose name has been so
published, unless he be in contemplation of an unlimited
absence from the settlement, shall, in any case whatever, be
liable to be detained for debts contracted with third parties
after the date of his agreement and publication.

4th. That, in the case of a debtor who has left the country
as above denned, having property in the settlement, such pro-
perty, or as much of the same as may be deemed equal to the
amount of the claim, shall, at the discretion of any two
justices be liable, on the sworn application of a creditor, to be
attached in the hands of any third party, and that, failing
the debtor's appearance before the said justices, after sum-
mons1 by proclamation, for three successive Sundays, on two
of the Protestant, and two of the Catholic Church doors, the
competent court may proceed to execute justice in the matter
according to their discretion, provided, however, that no such
attachment shall be issuable against the property of a person
who, altho' "JL absent, can be proved to have publicly notified
his intention of departure for two days previous to the date
of the same. After mature consideration, the committee do
not feel that, in the circumstances of this settlement, and
under the somewhat peculiar relations of debtor and creditor
as it generally exists here, they can prudently recommend to
the Council the passing of any law for giving creditors any
greater additional facilities for the recovery of their debts than
the foregoing enactments would confer. „

Submitted to the Governor & Council of Assiniboia,

By. JOHN BUKKT (Signed)

Conv. of Committee."
Red River
8th Deer., 1853.

First resolution carried unanimously
1 Second resolution carried unanimously
Third resolution carried unanimously
Fourth resolution carried unanimously.

On behalf of the Board of Works, Dr. Cowan, presented a
minute on the subject of roads and bridges :

" NOTICE.

The Board of Public Works respectfully announce to the
Public that " Proposals " will be received by each mem-

PIONEER LEGISLATION 397

her till the first Monday of December next, to be presented for
consideration at their next meeting, " For furnishing mat-
erials and constructing bridges at the several places designated,
according to a specified plan; and that said bridges be com-
pleted and delivered on or before the last day of October next,
viz:

One bridge behind Mr. Js. Sinclair

One " " Bp. Rupert's Land.

One " " John Inkster

One " " Boyer

One " " Andre Carriere

One " " Sturgeon Creek, 210 feet.

One Faggot bridge Riviere la Seine, 100 yds.

One " " Ayotte Denord, 100 yds.

One " " Frog Plain.

One bridge at Porters' Creek.

Two temporary bridges W. H. P. District.
Also " Proposals " will be received for furnishing materials
and constructing a Ferry boat on the same plaq^d size as
those at the Forks, to be completed and delivered *at Stinking
River, on or before the last day of June next.

Also " Proposals " will be received for furnishing and
delivering at the Lower Water Mill Creek this ensuing spring,
viz:

200 Bushels Lime

4 Cords Quarried Stone

50 Ps Oak Sqd. two sides 8 inches thick.

That plans and specifications will be shown to any person,
on application to the members.

That, in all cases, contracts shall be given to the lowest and
best responsible bidders.

For any further particulars, apply to Dr. Cowan or
William Ross.
By Order."

Dr. Cowan then made application for three hundred pounds
in connection with these objects.

Dr. Bunn moved, and Mr. Black seconded That three
hundred pounds be granted,
Carried unanimously.

On behalf of the Road-tracing Committee, Dr. Cowan
presented a report:

" To the Honble. The Governor & Council of Assiniboia :

398 CANADIAN ARCHIVES

Agreeable to a resolution passed at the last meeting of
Council, Wherein certain gentlemen were named to survey
a road, on the West side of the Red River, from the Forks up-
wards to Pointe Coupee, I have the honour to intimate that
said road has been opened and surveyed, one chain in width,
up to the Stinking River.

I herewith subjoin the cost of said survey, praying that the
Council may order payment to be made.

1853. Novr. 4. Dr. Cowan 2 days at 5/ p. day. £0. 10. 0

Narcisse Marion " " " 0. 10. 0
Maximilien Genton " " " 0. 10. 0
Solomon Hamelin " " " 0. 10. 0
Michel Dumas " " " 0. 10. 0

Francois Bruneau " " " 0. 10. 0
Baptiste Le Pine ( ?) " " 0. 10. 0
Joseph Charette " " 0. 10. 0

To supplies from as per ac. 0. 15. 9

One horse and cart 2 days at 2/6

a day 0. 5. 0

5. 0. 9

Mr. Grant's two men 1 day . . . . 0. 10. 0

£5. 10. 9

Red River Settlement
Nov. 19th., 1853.

( Signed) WILLIAM COWAN."
Adopted unanimously.

Major Caldwell read a petition from the Presbyterian
Church of Frog Plain:

" To the Governor and Council of the District of Assiniboia

The Petition of

The Presbyterian congregation of Frog Plain
Humbly sheweth

That your petitioners have unanimously adopted the fol-
lowing constitution :

1. The Presbyterian congregation of Frog Plain holds the
same standards of Doctrine, Worship, and Government as the
Free Church of Scotland.

2. Any difference of opinion with respect to the true inter-
pretation of the said standards shall be referred, for final deci-
sion, to the General Assembly of the said Free Church.

PIONEER LEGISLATION 399

3. Any person's claim to be hereafter recognized as a
member of his congregation shall be decided by the Kirk
Session, Provided that every successful claimant must farther
sign this constitution as a formal acceptance of such recogni-
tion.

4. This congregation holds, exclusively for ecclesiastical
and educational purposes, the presbyterian lot on Frog Plain,
and all the buildings that now are, or may hereafter be, there-
on, excepting that the existing schoolroom shall still belong to
its original owners, and excepting also, that sittings in the
place of worship may be possessed as individual property by
members of the congregation, whether male or female, or by
minors, or by representatives of deceased or absent members,
but by no other person or persons whatever.

5. If any member, from any cause whatever, shall cease to
be recognized as such, or if any minor, on coming of age, shall
not be so recognized, then in either case, his or her sittings
shall immediately revert to the congregation without purchase;
Provided that, during the next ensuing six months, he or she
may dispose of the same to some member or members thereof,
but to no other person or persons whatever.

6. The governing body in all matters temporal shall con-
sist of all such male members of full age, as may possess sit-
tings as aforesaid, and of no other person or persons whatever.

7. All sittings, whether in whole or in broken pews, shall
confer an influence at the rate of one vote for one pew of the
smaller size. Provided that no person shall have more than
three votes.

8. "No public meeting shall have effect, unless it shall have
been called at least fourteen days before by the Kirk Session
or Deacon's Court, or, in the case of their non-existence or
refusal to act in the matter, then by a majority of all the
voters in the congregation, nor shall any resolution of any
public meeting have any effect, unless the question involved
shall have been expressly stated in the notice thereof.

9. For carrying this constitution into effect, no motion
shall be carried, unless by a majority both of the voters at the
meeting and also of their votes.

10. For annulling or modifying this constitution, no
motion shall be carried, unless by at least four-fifths of all the
voters in the congregation, and also of all their votes.

11. Any difference of opinion with respect to the true
meaning of this constitution, or of any part thereof, excepting

400

CANADIAN ARCHIVES

as already provided in the second article, shall be decided as if
it were a question under article tenth.

12. At every meeting of every kind, the minister, or, in
his absence, the senior elder present, and no other person what-
ever, shall be chairman — Provided that in the case of neither
minister nor elder being present, then a chairman shall be
named by a majority of all the voters at the meeting; and any
chairman, besides being reckoned in every respect precisely as
if he were not in the chair, may claim to be farther reckoned
both as one vote, and as one voter, in order to complete, if
necessary, the requisite majorities under the ninth article.

And

That, as your petitioners are not of themselves altogether
competent to bind their successors to the extent required, they
pray of you to ratify the foregoing constitution, and likewise
to declare them to be a body corporate.

And your petitioners shall ever pray

(Signed)

John Black, Minister,
Alexander Koss, Elder, ,
Alexander Poison, Elder,
Thomas Eraser, Elder,
George Munro, Elder,
Donald Matheson, Elder,
John Sutherland, Elder,
Hugh Matheson,
John McBeath,
John Elett,
Alexander Sutherland,
Alexander Matheson, Senior,
John Sutherland,
John Gunn,
Angus Matheson,
John Matheson,
John Eraser,
Alexander Bannerman,
John Sutherland,
Angus Poison,
John Matheson,
Samuel Henderson,
Hugh Matheson,

Wm. McDonald,
Neil Campbell,
Angus Henderson,
George Sutherland,
Angus Morrison,
Selkirk McKay,
Eich. Salter,
[Morrison McBeath,
John Moir,
Wm. Henderson,
Donald Poison,
John McBeath,
Malcolm Patteson,
Geo. Bannerman,
Don. McDonald,
John McKay,
Alex Munro3
Alexander Gunn,
Wm. Poison,
John Elett,
Samuel Matheson,
David Flett,
Morr. McBeath,

PIONEER LEGISLATION

401

Hugh Poison,
Angus Matheson,
Eobert McBeath,
John Poison,
Hugh Matheson,
Rodk. McBeath,
William Gunn,
James McKay,
Doncl. Bannerman,
Eobert Sutherland,
Alexander McBeath,
Robert Munro,
George Gunn,
John Clouston,
Duncan McRea
John Forster (?)
Donald Gunn Senr.,

Donald Gunn,
James Flett,
Wm. Bannerman,
Wm. Eraser,
John Auld,
Angus McBeath,
George Flett,
John Pritchard,
A. Matheson, Jr.,
Adam McBeath,
Wm. Ross,
John Gunn, Jr.
John McDonald, Senr.,
Don. McDonald, Jr.,
Alex. Gunn,
Donald McLeod,
Don. McKenzie,

Dec. 6th, 1853."

Mr. McBeath moved, and Mr. Ross seconded, That the
prayer of the petition be granted.

Dr. Bunn moved, and Mr. Cochran seconded, the amend-
ment:

That the petition be referred to the Governor and Com-
mittee of the Honourable Company, by the Governor of Assi-
boia.

For

Dr. Cowan,
Mr. Sinclair,
Mr. Grant,

Mr. Ross,
Amendment carried.

One word interlined.
A true copy.

ADAM THOM.

28159—26

Against

Mr. Thomas,
Mr. Black,
Mr. Bruneau.

Mr. McBeath.

(Signed) W. B. CALDWELL.

402 CANADIAN ARCHIVES

A Meeting of the Governor and Council of Assiniboia,
held at the Court House on Thursday the 22nd June, one
thousand eight hundred and fifty four.

Major Caldwell, after taking the chair, commenced the
business of the meeting by reading the following extracts from
a letter1 " to Major Caldwell, Governor of Assiniboia ", from
the Governor and Committee of the Honble, The Hudson's
Bay Company.

Extract 1st.

" The Governor and Committee note your wish for the
u appointment of a good surveyor, and have directed Sir
" George Simpson to look out for a suitable person in Canada,
" but it is doubtful whether he will succeed in obtaining one
"this season.

Extract 2nd.

" I am also directed to inform you, with reference to the
" petition of the Presbyterian congregation of Red River,
" that neither the Governor and Council of Assiniboia, nor
" the Governor and Committee of the Hudson's Bay Company
" have the power of incorporating any body of men, for any
" purpose whatever. The property held by the Presbyterian
u congregation must therefore, be vested in trustees, as it
" is at present, and you will be pleased to communicate this
" to the parties interested.

Extract 3rd.

" Mr. F. G. Johnson, Q.C. of the Montreal Bar, who has
" been appointed Recorder of Rupert's Land, Assessor and
" Legal Adviser to the Governor of Assiniboia, and to the
" Company, will proceed, by the spring canoes, to Red River,
" and will assume the Law Library now in possession of Mr.
" Thorn.

A motion was made by Doctor Cowan, and seconded by
the Very Reverend W. Cochrane, that the present number of
constables bo reduced to nine.

After which the meeting was adjourned.

A true copy.

W. R. SMITH, E.G..2

1 For full letter see Imperial H. of C. Blue Book on H. B. Co., 1857,
p. 437.

2 Executive Officer.

PIONEER LEGISLATION 403

A meeting of the Governor and Council of Assiniboia,
held at the Court House on Thursday the 3rd of August, one
thousand eight hundred and fifty-four.

Doctor Cowan's motion that the constables be reduced to-
nine was carried unanimoiisly.

It was moved by the Lord Bishop of Rupert's Land, and
seconded by the Very Rev. W. Cochrane,

That, on the last Thursday in the month of August of each
year, the magistrates shall meet for the purpose of appoint ing-
constables, And

That the constables so appointed shall remain in office for
and during the full term of three years from the date of
their appointment, and any vacancy that may occur by death or
otherwise may be supplied at such annual meeting of the ma-
gistrates.

Carried unanimously.

Doctor Bunn moved, and Doctor Cowan seconded, the
following, —

Whereas a vacancy has occurred in the Petty Court of the
Lower District, It is resolved, That Mr. Donald Murray be
appointed to fill the office of Judge of the Petty Court of the
aforesaid District.

Carried unanimously.

Doctor Cowan moved, and the Very Rev. W. Cochrane
seconded, the following motion:

Whereas a vacancy has occurred in the office of President
of the Petty Court of the White Horse Plain District, it is
resolved that Mr. Bruneau be appointed, and that, in consi-
deration of the onerous duties of the office, he shall be paid
a salary of twelve pounds sterling annually.
Carried unanimously.

Mr. William Ross moved, and Mr. Thomas Thomas
seconded the following motion : —

That the Limit of the Middle District on the Assiniboine
River be extended from the Sturgeon Creek to Poitras Creek.
Carried unanimously.

Doctor Bunn proposed the following motion, seconded by
Dr. Cowan: —

Whereas great inconvenience has arisen from the want
of a public land surveyor, it is resolved 'That a public Sur-
veyor be appointed, with a salary of twenty-five pounds, and
that he shall be authorized to charge for every day he

28159—261

404 CANADIAN ARCHIVES

may be employed, not exceeding the sum of ten shillings
per diem.

Meeting adjourned.

A true copy.

W. R. SMITH, Executive Officer.

Minutes of a meeting of the Governor and Council of
Assiniboia, held at the Court House on the twenty-eighth day
of February, one thousand eight hundred and fifty-five.

Dr. Bunn's motion, from last meeting of Council, was
brought forward for discussion: —

" Whereas great inconvenience has arisen from the
" want of a public land surveyor,

It is resolved,

" That, a public surveyor be appointed with a salary of
" twenty-five pounds, and that he shall be authorized to
" charge, for every day he may be employed, not exceeding
" the sum of ten shillings per diem."

It was moved by Mr. W. Ross, and seconded by Archdea-
con Cochrane, That seven shillings and sixpence be substituted
lor ten shillings in the original motion.
Carried unanimously.

It was! moved by the Lord Bishop of Rupert's Land, and
seconded by Archdeacon Cochrane,

That Mr. W. Inkster be appointed the Public Surveyoi
commencing 1st June, 1855. Carried unanimously.

A petition from the Settlers on the Et% bank of Red
River of the Lower District was presented by Mr. Ross, and
read :

To the Governor and Council of Assiniboia,
Gentlemen,

Your petitioners humbly shew:

I. That on the E*' or right bank of the Red River, the
existing highway extends but a short distance below the Ri-
viere La Seine;

II. That the continuation of such highway down to some
point or other nearly opposite to Dr. Bunn's, besides being
convoiiient to the inhabitants above on the same side of the
Red River, is necessary to the annually increasing number of
settlers along the proposed route;

PIONEER LEGISLATION 405

III. That though the public fund may not immediately
be adequate to the making of such road, and the erecting of
the requisite bridges, yet the laying out of the line, while
buildings are comparatively few, and cultivation comparati-
vely scanty, is deemed by your petitioners to have strong
claims on your early consideration.

We have the honour to be,

Ked River Settlement,] Gentlemen, ;

1 June, 1854. J Your obedient servants,

(Signed) John Sutherland (P.D.), Tom Harrison, Joe
Lajomonier, Wm. Henderson, Rich. Salter, Archibald Prit-
chard, Jas. Eraser, John Pritchard, Esq., Robt, Sutherland,
John Mathison, Senr; Robt. Munro, Malcolm Paterson, Wild-
rich Kauffrnan, Angus Mathison, George Munro, Alex. Munro,
Neil Campbell, Hugh Matheson, Sen., Angus Henderson,
Alex. Bannerman, Benjamin Lagomonier, Romain Lagomo-
nier.

Archdeacon Cochrane moved, and it was seconded by the
Lord Bishop of Rupert's Land:

That the prayer of the Petition be granted, and that the
line be extended at the earliest convenience of the Board of
Works.

Carried unanimously.

Dr. Cowan, Chairman of the Board of Works, handed to
the meeting the following statements of the proceedings of
that Board: —

To the Governor and Council of Assiniboia: —

The Board of Public Works have the honour to lay be-
fore you, herewith, a brief outline of its proceedings from its
organization up to the present date.

The Board held its first session on the 19th Oct, 1853, at
the Court house. The organization of the Board having been
completed, immediate steps were taken to ascertain the
number of bridges wanted, and the amount of money required
to complete the same. At its next session, the number of
bridges ascertained to be absolutely required were 12, and a
ferry boat, with the repair of temporary bridges and other
contingencies, requiring the sum of £300. A demand for that
sum being made, it was granted. The Board then resolved to-

406 CANADIAN ARCHIVES

advertise for " Proposals " for the construction of bridges,
including materials; and, on the 20th Nov.,- said advertise-
ment was posted on all the church doors: — In compliance with
this advertisement, bids were received from various persons,
and on the 8th Dec., the Board decided upon accepting six —
the others were rejected on account of the exorbitant prices
demanded. At the same session the Board adopted a resolu-
tion to the effect, that, as part of the bids were rejected, and that
the public be not deprived of the bridges, they resolved to con-
tract for wood, and construct them by engaged men. Accord-
ingly, public notice was given on the llth Dec. that contracts
would be entered into with responsible persons for the supply
of materials. Agreeable to notice, " Bids " were received, and
contracts entered into for the delivery of wood, on the spot
where the bridges were required, at the rate of two shillings
and three pence per piece of twenty feet.

With regard to the ferry at the confluence of the Red and
Assiniboine Rivers: — The ferryman's term being out, and to
avoid anything like partiality, it was resolved to put it up to
public competition. On the 29th April Duncan McDougal's
offer was accepted, he being at the same time bound by contract
to fulfil all its conditions and obligations for one year, and to
pay the sum of four pounds sterling by monthly instalments.

The bridge for Sturgeon Creek was not carried out as at
first intended, as it would have involved us into a very large
expenditure, more than we could afford to expend on one
bridge, and fulfil our other engagements. The lowest bid
received for this bridge was £95 — but instead, we have con-
tracted with1 Mr. McDermot to furnish a road across his mill
dam, for the period of seven years, for the sum of £35 — he being
bound to keep it in thorough repair at his cost during the
above term, and to be under the supervision of the Board of
Works.

The bridge at the Lower Water Mill Creek has not been
carried on according to our original intention. The cost of
a stone bridge would have far exceeded our limited means,
and, indeed, we could form no idea of the cost, the sum set
apart this year for that purpose being so small in comparison
to the undertaking; and, without the certainty of being
able to complete it in another year; and, moreover, without
much knowledge in the matter, and no experienced mason to
conduct the work: we resolved against a stone bridge, but in

PIONEER LEGISLATION 407

its place we have built a substantial wood bridge, 125 feet in
length, 19 ft. in breadth, and 14 ft. in height (centre creek),
at a cost of £44.10.0. The stones originally intended for the
bridge will be hauled up and laid on the other bridges, to
prevent their being carried away in the event of high water,
and the remainder, (if any) will be sold.

The work, so far, has been made as well as means and cir-
cumstances would admit, and now we have the pleasure to
state that all the bridges contemplated last season have been
completed, and five more, and that at a cost far lower than such
work has been done heretofore. See Schedule 1.

The amount drawn up to this date, amounts to £309 . 12 . 4.

It will be perceived that the work already finished is far
from being an entire completion of all the bridges required
throughout the Settlement. On the contrary, we have only
progressed so far as to render the roads practicable in places
most needed. In view of these facts, the Board respectfully
suggest to the Council for a further appropriation of £160, to
bo expended in completing the bridges as per Schedule No. 2.

For further particulars the Board beg leave to refer you
to a copy of the Journal of their proceedings, which they
respectfully offer as a part of this report.

By order of the 'Board,

(Signed) WILLIAM COWAN,

.Chairman.

SCHEDULE NO. 1.

Cost oi
tt

a
((
a

: Bridge behind Sinclair's. .
" Bishp< R. Land let
" " " 2nd
" " " 3rd
Brown's
" Inkster's

£.
14
15
16
6
4
25

s.
17
19
16
15
17
15

7
6

u
«
tt

((

" ' Water Mill Creek
" Frog Plain . .
" Carrier
" Boyer . .

44
13
7

12
5

—

a
t<
tt

" Lambert R. S. ..
" Ayotte & Dunord
" Lajemonier . . . .

3
11
9

15
2
2

6
6

4:08 CANADIAN ARCHIVES

" " Poitras Creek ... 6 — —

Gagnon's Creek.. 6 5 —

Saline 6 5 —

E. Oath. Bp.. .. 4 14 6
Sturgeon Creek. . 35
Paid for one canoe for Eiviere La

Seine . 1 10

Paid for 1 Ferry Boat E. S 14 12 3

" " Clearing a road on the]
West side of E.E. 1360 yds. inj> 4 — —
length, and 1 chain width.. . . J
Paid for Eoad reairs includ*' Ferry-
man's pay & rope E. Sail . . . . 1<> 2
Paid for James Swain for 100 bn*h.

lime 2 10 —

Paid Wm. Sinclair for freight8' it up

to Water Mill Creek 1 10

Paid for tools, &c 6 9 8

" " Leather Lodge 1 10

Wood on hand, Viz : 126 pee. of Oak

20' @ 2/3 14 -3 6

Wood on hand, Viz: 116 pee. of Oak

13' @ 1/6 . 8 14 —

Carried forward £311 13 10

1855. Feb. 27.

£. s. d.
By Cash drawn on the Gov. and

Council up to this date 309 12 4

By Cash from Duncan

McDougal on Ferry ...3 0 0 :-H2 12 4

To Cash paid up to this date 311 13 10

Balance on hand - 38 6

E.E.

Eed Eiver Settlement,
27th February, 1855.

PIONEER LEGISLATION 409

SCHEDULE STO. 2.

Work for the year 1855.

£ s. d.
400 yds. Faggot bridge below Water

Mill Creek 30

200 yds. Faggot bridge at G. Setters 15

2 Bridges at Eowland's Creek. ... 25

200 yds. Faggot bridge at Taylor's 15

1 Bridge at Peter Dahl's .... 8

200 yds. Faggot bridge, Frog Plain 15

1 Bridge at Bruce's 8

50 yds. at G. Groat's 3 15

200 yds. German Creek 15

1 Bridge W. H. Plain 10 —

Eepairing bridge at Fidler's .... 6

" Ferry Boat E. S 5

Hauling stones up from W. M. Creek 12

Eed Eiver Settlement, 167 15 —

February 27th, 1855.

Doctor Bunn moved, and Archdeacon Cochrane seconded,
That a further grant of £100 be given to the Board of Works,
to enable them to proceed with the work contemplated.
Carried unanimously.

Archdeacon Cochrane moved, and Doctor Bunn seconded,
That a vote of thanks be given to the Board of Works for the
able manner they have conducted the public works.
Carried unanimously.

Doctor Cowan moved, and Doctor Bunn seconded, That
Mr. W. Eoss be appointed postmaster, and that a monthly mail
be established between this settlement and Pembina. And,
that the sum of £5. 0. 0. per annum salary be paid to the
postmaster.

Carried unanimously.

Mr. W. Eoss accepted the Office of Postmaster for one
year only, commencing from this date.

It was resolved that the premium on wolves' heads be
discontinued. And that wolf poison will be given to the
magistrates for distribution.
Adjourned.

A true Copy

W. E. SMITH, E.O.

410 CANADIAN ARCHIVES

Minutes of a meeting of the Governor and Council of
Assiniboia, held at the Court House on the nineteenth day of
July, one thousand eight hundred and fifty-five.
Present.

Francis Godschall Johnson, Esq., Depty. Gov., President.

John Bunn, Esq., Councillor of Assiniboia.

The Rev. Louis LaFleche, Councillor of Assiniboia.

Thomas Thomas, " "

William Eoss,

Francois Bruneau, " "

Eobert McBeath,

The President handed the following document to the
Clerk of the Council to read, viz: —

" I hereby constitute and appoint Francis Godschall
" Johnson, Esquire, Recorder of Rupert's Land, to be my
" deputy for the purpose of holding the General Court of and
" for the District of Assiniboia, and the Council thereof, during
" the absence of the Governor of Assiniboia, and no longer."

" Given under my hand and seal at Fort Garry this
u twenty eighth day of June, one thousand eight hundred
" and fifty five.

(Signed) G. SIMPSON,

Gov. in Chief of Rupert's Land."

An abstract of the Public Accounts were then presented
and laid on the table, shewing a Cr. Balance of £196.3.101.

Moved by the Rev. Mr. LaFleche, and seconded by Mr.
Bunn, That the Public Accounts for the past year do pass.
Carried unanimously.

On the Collector of Custom Duty requesting the Council
to devise means by which the import duty from the U. States
might be collected, It was moved by Thomas Thomas, Esq.,
and seconded by Robt. McBeath, Esq.,

That Mr. Bruneau 'be appointed to collect the import duty
cf 4 per cent on goods imported from the United States, during
the current year, from all persons residing in the Parishes of
St. Boniface and St. Francois Xavier, and that he receive for
such service the sum of £15.
Carried unanimously.

On the Collector reporting to the Council that the Honble.
H. B. Coy's Fur Trade had refused paying the import duty

PIONEER LEGISLATION 411

m Merchandise sent to their outposts during the season, and
which property formed part of their original outfit to Fort
Garry, and that this had continued since the year 1849 till
the present year; the Collector prayed the advice of Council
on the said subject.

The President, with the concurrence of the Council,
directed the Collector to request the arrears of duty due by the
Company, and to lay before the Council, at its next sitting
the result of such requisition.

Mr. Bruneau reported that, as President of the Petty
Court at White Horse Plains on the last Court day, he could
hold no court, there not being a quorum, and, furthermore
that Mr. Urbain [Delorme], one of the appointed magistrates
of that Court, was scarcely ever in the Settlement, summer or
winter.

The Council unanimously agreed to request of the Rev.
Mons. LaFleche to inform Mr. Urbain Delorm to resign his
office as Petty Judge of the said Court, and also to nominate
some more efficient person to the vacancy.

Mr. Bruneau, on behalf of the Board of Works, requested
authority from Council to change a road with a settler, for the
benefit of the public.

It was therefore moved by the Rev. Mr. LaFleche and
seconded by Mr. McBeath:

That the Board of Works be authorized to exchange the
land formerly serving as a road on the point of land belong-
ing to Bapte. Perreault, for a piece of land, half a chain
width, across the said point.

The Rev. Mr. LaFleche gave notice of a motion for the
continuing of the premium on wolves.

A true copy

W. R. SMITH, Clerk to Council.

Minutes of a meeting of the Governor & Council of Assi-
niboia, held at the Court House on the 27th day of February,
1856.
Present.

Francis G. Johnson, Esq., Gov., of Assiniboia, President
The Rt. Revd. Lord Bishop of Rupert's Land, Councillor
of Assiniboia.

The Very Revd. Archdeacon Cochrane, Councillor of
Assiniboia.

4:12 CANADIAN ARCHIVES

Rvd. Mr. Louis LaFleche, Councillor of Assiniboia.

John Bunn, " "

Wiliam Cowan, " "
William Ross,

Frangois Bruneau, " "•

Thomas Sinclair, " "

Robert McBeath, " «

The following Commission was then read by the Clerk of
the Council, — viz:

To Francis Godschall Johnson, Esqr., hereby appointed Gov-
ernor of the District of Assiniboia.

By Virtue of the Charter given to the Governor and com-
pany of Adventurers of England trading to Hudson's Bay by
King Charles the Second, by His Letters Patent under the
Great Seal of England, bearing date the second day of May
in the twenty second year of His Reign, We do hereby appoint
you, Francis Godschall Johnson, Esquire, Governor of all and
every part of Assiniboia, being part of the Territory of
Rupert's Land, to exercise all the Powers, and to perform all
the duties which, under the said' Charter may be by law
exercised and performed, And you are to observe and follow
all such orders from time to time as you shall receive from us
the Governor and Committee of the Company of Adventurers
of England trading into Hudson's Bay, or from our successors
for the time being, or from the Governor in Chief for the
time being of the Territory of Rupert's Land.

Given under the Common Seal of the said
Governor and Company, this twenty sixth day of
November one thousand eight hundred and fifty
five.

By ORDER of the Governor and Committee.

(Signed) W. G. SMITH,

Secretary.

The following oath was then administered by the Clerk of
the Council.

" I hereby swear in the presence of Almighty God, that
" I will truly Serve our Sovereign Lady, The Queen, or Her
" Heirs and Successors, and all, who now do, or hereafter may,
" lawfully exercise authority under her, or them, and that I

PIONEER LEGISLATION 413

" will faithfully discharge all and every the duties of Governor
" of the District of Assiniboia in Rupert's Land."

The minutes of the last council were then read — the Clerk
of the Council then read the correspondence between himself
& Chief Factor John Swanston, Esq., concerning import duty,
viz: —
JOHN SWANSTON, Esq.,

Chief Factor, Hon'ble H. B. Coy.
SIR,—

In obedience to instructions given me by the President &
Council of Assiniboia on the 19th July, 1855, I have hereby
to request of you a settlement of import duty due by the
Hon'ble. H. B. Coy's Fur Trade on that portion of their
imports sent by them to their outposts, etc., during the years
1849 and 1854 inclusive, and hitherto kept back as not liable
to the said import duty of 4 per cent.

An answer to the above at your earliest convenience will
greatly oblige.

I have the honour to be.
Red River Settlement) Sir,

24th July, 1855 J Your most humble & obedient servant

(Signed) W. R. SMITH,

Clerk to the Council of Assiniboia
To John Swanston, Esq. & Collector of Custom Duty.

The following letter was received in answer to the above: —

UPPER FORT GARRY,

July 24, 1855.
William R. Smith, Esqr.,

DEAR SIR, —

I beg to acknowledge the receipt of your letter of this day's
date, which was handed to me by James S. Clouston, Esq., and,
in reply to the subject in question, have merely to state, do not
consider myself authorized to decide thereon, but, at the same
time, beg to advise you that I shall forward your communica-
tion to Sir George Simpson by the earliest opportunity, and,
on the receipt of his answer, will advise you of the same. In
the meantime,

I remain, dear sir,

Your most obedt. servt.,
(Signed) JOHN SWANSTON.

414

CANADIAN ARCHIVES

The Revd. Mr. LaFleche referred his motion to the next
autumn, the present season being too far advanced for his
motion to be of benefit during the present season.

Post Master William Ross produced his year's accounts of
the Post Office, viz: Account of Newspapers, Books, Letters,
&c., sent and received at the Red River Post Office from March
1855 to February 1856.

Postage.

Months.

Papers.

Letters.

Parcels.

—

Total.

U. S.

R. R.

1855.

No.

Oz.

£ s. d.

March

152

320

56 |

11 4 11

4 16 7i

16 1 6^

April

42
270

199
150

342

128

5 13 11
5 9 44

460
3 10 1

9 19 11

8 19 5|

May

June

110

2 6 10|

199

3 16 7i

July

177

204

326

364

6 8 10

August

140

134

285

2 3 8^

4 12 H

September . ,
October. . . .

195

278

150
325

2 5 1£
657

2 12 1
545

4 17 2|
11 10 0

November

240

328

599

520

10 11 9

December

241

209

393

3 13 2|

7 2 5£

1856.

January . .
February .

325
267

471
249

15
12

10 7 5i
4 10 6J

7 6 lOi
4 6 $

17 14 4

8 16 7

Total

2,437

2,821

580

62 13 8£

47 17 li

110 10 10

1855

RED RIVER POST OFFICE, 1855-6.

March 15 To cash paid for 4 quires paper

ti distributing mail

April 2
Sept. 11

1856
Feb. 16

DR.

OR.

£ s. d. £ s. d.
060
070

Nath. Logan, blank book 0

distributing mail

4 quires paper.

050
060

11 Roget Goullais1 carrying mail 16 13

it Postmaster's salary 5 0 0

26 By cash received, postage on letters, etc 47 17

To balance in hand 24 15 1£

(E.E.)

Red River Settlement,

26th February, 1856.

(Signed) WM. Ross, P.M.

47 17 1J 47 17

1 i.e. Roger Goulet.

PIONEER LEGISLATION 415

It was then moved by the Lord Bishop of Rupert's Land,
and seconded by the Revd. Archdeacon Cochrane.

That the statement of accounts now presented by Postmaster
Ross be received, and that a monthly mail between this settle-
ment'and Pembina, established on the 27th February, 1855,
be continued for another year, and that^Mr. Win. Ross be con-
tinued as Postmaster at a salary of £6 per annum, and that a
receiving office be established at the Rapids.

Carried unanimously.

The Chairman of the Board of Works then presented their
accounts for the past season.

To the Governor and Council of Assiniboia.

The Board of Public Works herewith beg to submit before
you the state of roads, the expenditure for the year, and their
proceedings.

Agreeable to the resolution of Council, that a road be sur-
veyed on the east bank of the Red River, beginning from the
termination of the old survey on the German Creek ; downwards
to Bunn's Creek. The Board would beg to state, that said road
has been surveyed and laid down in the direction pointed out
by those that were more immediately connected with the land
through which the road had to pass, being at a convenient dis-
tance from their habitations. The Board would further state,
that, with the exception of a few individuals, they appeared per-
fectly satisfied with the road. In order to avoid swamps and
to make the road as straight and as convenient as possible, it
was necessary, on two instances, to pass through cultivated fields.
In the first case (T. White) the road, as marked, runs diagon-
ally across the field, on either side of said field being low,
marshy ground, and unfit for a road. In the other case (J.
Gunn) the road runs on the east bank of the creek, and cuts
off the breadth of the road (1 chain). right across the field. In
both instances the running of the road through these fields ha?
been unavoidable, unless, indeed, the general course of the road
was materially altered, which, in that case, was hardly possible
without running into swamps, and thereby incurring an addi-
tional outlay of means. The clearing and bridging of said road
will, at the lowest calculation, cost £85.

With regard to the ferry at Riviere Salle, repeated com-
plaints have been made from time to time, the chief ground
of complaint being the payment of a toll of one penny for an

416 CANADIAN ARCHIVES

animal and cart passing over. When the ferry was first estab-
lished, it was considered unnecessary to have a ferryman in
regular attendance, it being given in charge of a man who occa-
sionally attended it; but, during that summer, either through
carelessness or other causes, the boat had several times been
broken through, the ropes removed or stolen, and, on that account
the Board resolved, this year, to engage a ferryman who would
be on the spot at all times, and therefore the penny was charged
to defray part of the ferryman's wages; however, the Board
must declare that the cost of maintaining a ferry on that river
has been great, and that without giving much satisfaction to the
parties interested. They would therefore suggest the propriety
of appointing competent persons, to examine whether it would
be practicable to put a bridge across the river, and also to make
an estimate of the cost thereof.

The ferry on the Assiniboine river has, also, been a subject
of complaint on account of the steepness of the bank on the
north side. The bank had originally been cut down; but the
high water in the .spring having eaten away the bank, and left
it so steep that, in wet weather, an animal with very great
difficulty can get up, it would require to be cut down again, and
the same repeated year after year. To avoid both the diffi-
culty and the cost, and to meet the wishes of the people, the
Board would propose the removal of the ferry higher up the
river, where the bank has a gradual descent to the water's edge.

The amount of expenditure, this year, on bridges, roads,
repairs, etc., has been £108 . 19 . 11., as per Appendix 1. There
are yet several bridges to be made, as per Appendix 2. When
these bridges have been completed, the general state of the roads
(considering the length, 84 miles) through the settlement will
be tolerably good in dry weather, but, in the spring of the year,
or after a day cr two of heavy rain, there are many parts that
are hardly passable, and ought to be bridged as soon as means
will permit.

In conclusion, the Board do not make any demand for
money, they have merely pointed out what remains to be done,
and leave to the discretion of the council to grant any sum they
may deem necessary for the carrying on of the public works.

I have the honour to be,
Yours faithfully,

(Signed) WILLIAM COWAN,

Chairman.

PIONEER LEGISLATION

APPENDIX 1.

417

. - —

Dr.

Cr.

1 Bruce's Bridge ...

s. d.
13 6

2 DahPs it

10 6

3. Groat's faggot bridge, 80 yds
4 Clearing Road West R.R

7
4

10 0
16 5

6 Truthwaits fagt bridge 124 yds .

7. McDonald's .. .. 140 n

8. Setters „ .. 63 ,. . .. . .
9 Road Survey East R R

4
9

10 Riviere Salle Ferry

11 German Creek Bridge

12 Bois Clere'c u

13. Red River Ferry

2 ..

14 Clearing Road, Riviere Salle

10 G

Road Repairs etc. etc

18 6

By Bal of last year's account

By Cash drawn on Gov. and Council

100 2

By Cash Duncan McDougall on ferry '54/5 ....

1 ..

By Cash tTohn Vincent for Lime

n Alex Bannerman for wood sold

3 ..

it H. Hallett n

n »Ts Inkster n

M P. St. Germain

108

19 11

113 7
108 19

!t4

Bv Bal. carried tone*w account .

4 7

E.E.

RED RIVER SETTLEMENT,

February 26th, 1856.

APPENDIX 2. -

1. New Surveyed Road ....

2. Harkness' Bridge

3. Rowland's 2 n

4. Taylor's Faggot Bridge, 80 yds .

5. West R.R. 200 yds. Faggot

6. East i, 200

7. 2 Bridges near Farm

8. 1 Bridge St. Germain

9. White Horse Plain District . . .

Cr.

£ s. d.

197

28159—27

418 CANADIAN ARCHIVES

It was moved by John Bunn, Esquire, and seconded by
Archdeacon Cochrane.

That the report now presented by the Board of Public
Works be received.

Carried unanimously.

William Cowan, Esq., having intimated his resigning the
office of Chairman to the Board of Public Works,

It was moved by the Eev. Archdeacon Cochrane, and
seconded by the Kev. Mons. LaFleche,

That the resignation now tendered by William Cowan, Esq.,
of his office as President of the Board of Public Works be
received, and that the thanks of the Council be conveyed to him
for his performance of the duties of that office.
Carried unanimously.

It was moved by John Bunn,Esq., and seconded by William
Cowan, Esq.,

That Mr. William Ross be appointed President of the Board
01 Works.

Carried unanimously.

It was moved by Eobert McBeath, Esq., and seconded by
William Boss, Esq.,

That a census of the population of this Settlement be taken,
during the month of May next, as near as may be on the
fifteenth day of that month, and that the following persons be
appointed to take the same, to wit : —

FOP the Parish of St. Erangois Xavier, Pascal Berland.
" St. Norbert, Eev, Mr. Lafleche,

St. Boniface, Mr. Bruneau.
" Riviere Sale, Louis Bousauet.

" St. James, Hector McKenzie.

" St. John's, Win. Inkster.

" St. Paul's, Mr. Smith.

" St. Andrew's, Mr. Gunn and Mr. T.

Sinclair.

" St Peter's, Mr. Cummings.

Carried unanimously.

It was moved by the Eev. Mr. Lafleche, and seconded by the
Lord Bishop of Eupert's Land,

That the postage on newspapers from Pembina to this Settle*
ment, and vice versa, be reduced to one hnlf penny for each
newspaper, instead of one penny, as now charged.

Carried unanimously.

PIONEER LEGISLATION 419

The Rev. Mr. Lafleche reported to the Council that the
Canadian population were dissatisfied with the present sur-
veyor, that they could not understand him. The reverend
gentleman therefore proposed that, at the next meeting of Coun-
cil, measures might be adopted to have two surveyors, one for
the Canadians, and the other for the Europeans. The Clerk
of the Council was therefore instructed to give warning to Mr.
W. Inkster that his services, under his present agreement,
should cease on the last day of May, 1856.

James Bird, Esquire, having forwarded the following letter
to the Clerk of the Council, (it) was read:

Feb. 23rd, 1856.
SIR,—

Old age and its attendant infirmities quite disqualify me
for doing the duties of Counsellor, and I must, therefore how-
ever reluctantly, resign the honourable office. I may add that
I last year sent Governor Caldwell, what I considered my resig-
nation.

I am, sir,

Your hble. servant,

(Signed) JAMES BIBD,
Mr. SMITH,

Secretary, ete., etc.

The Clerk was commanded to convey to Mr. Bird the
thanks of the Council for his services as Councillor, and
accepted his resignation.

Minutes of a meeting of the Governor & Council of Assini-
boia,, held on the twenty-seventh day of May, one thousand
eight hundred & fifty-six.

PRESENT :

Francis G. Johnson, Esquire, Governor of Assiniboia, Presi-
dent

The Lord Bishop of Rupert's Land, Councillor of Assini-
boia.

The Reverend L. Lafleche, Councillor of Assiniboia.

John Bunn, Esquire, "

Thomas Thomas, Esquire,

Francois Bruneau, Esquire,

Robert McBeath, Esquire, " "

28159— 27£

420 CANADIAN ARCHIVES

When the following resolutions were passed, viz:

Moved by the Revd. Mr. Lafleche and seconded by Doctor
Bunn,

That Eoger Goulet be appointed Surveyor for that part of
the Settlement situate to the south of the River Assiniboine
& Red River, and be authorized to receive for his services, as
such, ten shillings per diem for each day that he . may be
employed as such; his employer furnishing a man to assist him,
if he shall require it; the public paying no salary whatever.
And that a surveyor be appointed by the Governor, on the same
terms, for the north side of the river.

Moved by the Bishop of Rupert's Land, and seconded by the
Revd. Mr. Lafleche,

That Mr. William Drever be Postmaster in lieu and stead
of the late William Ross, deceased, at and for the salary of
(£6) six pounds per annum.

Moved by the Lord Bishop of Rupert's Land, and seconded
by the Revd. Mr. Lafleche.

That the Clerk of the Council be directed to communicate
to the widow of the late William Ross, Esqr., the regret which
they feel at his untimely death, their deep sense of his fidelity
and efficiency as a public officer, and their sympathy with his
bereaved family.

Moved by the Lord Bishop of Rupert's Land, and seconded
by Mr. Bruneau,

That Mr. Kenneth Logan be appointed Petty Judge, in the
lieu and stead of the late William Ross.

Moved by the Revd. Mr. Lafleche, and seconded by Mr.
Robert McBeath,

That Doctor Bunn be appointed Governor of the Gaol in
the lieu and stead of the late William Ross.

Moved by Mr. Thomas Thomas, and seconded by Mr.
Bruneau, That Messrs William Dease, Hector McKenzie, and
Pascal Breland be appointed members of the Board of Works,
and that Doctor Bunn be Chairman.

The following petition was received and read :• —

Red River, May 23rd, 1856.

To the Governor & Council of Assiniboia,

in Council assembled:
Gentlemen,

We, the undersigned, humbly petition that you will
favorably consider, and grant your sanction to our request

PIONEER LEGISLATION- 421

begging that the portion of the public road, originally
authorized on the east side of the river, between Angus
Morrison's lot of land and Hugh Mathison's, Junr., a distance
of about a mile, be abandoned, and that you will grant us,
instead, a road which we have marked out adjacent to the
original one, but which is shorter, easier of construction, and
is in every respect in a more suitable locality.

(Signed) ARCHIBALD PRITCHARD.

George Dahl, Samuel Henderson, Sam Pritchard, John
Gunn, Willm. Henderson, Thomas Willm. Pritchard, Hugh
Matheson Jr., Eobert Sutherland, Hugh Pritchard, Angus
Morison, Wilk. Coffman [Kauf mann ?] , Eichard Pritchard,
George Munro, John Pritchard, Donald Murray, Angus Hen-
derson/ Donald McBeath, John Matheson, Angus Matheson,
George McKay, Alexander McKay, Robert McBeath.

It was then moved by the Bishop of Rupert's Land, and
seconded by Robert McBeath, Esq.

That the petition of Archd. Pritchard and others, for an
alteration of road, be referred to the Board of Works.

Moved by Robert McBeath, and seconded by the Lord
Bishop of Rupert's Land:

That the fulling mill belonging to the Colony, & now in
the stores of the Honourable Hudson's Bay Company at Up-
per Fort Garry, be sold by public auction on the 2nd day
of June next, at Fort Garry, at noon, & that public notice
of the said Auction be given by written notice on the doors
of the different churches, on Sunday next, and that the upset
price be (£30) thirty pounds.

Mr. Bruneau gave notice that, at the next meeting of
Council, he will move the reconsideration of the laws relating
to stallions and pigs.

To The Govr. and Council of Assiniboia;

The Petition of Alexr. Ross
Humbly sheweth,

That, in the year 1841 and 42 the public road, behind
your petitioner's dwelling, was so overflowed with water from
the swamps behind, during the spring, that it was almost
impossible for man or beast to pass, and was so almost every
spring. The Council, in consequence, applied to your peti-

422 CANADIAN ARCHIVES

tioner to have a drain cut across his whole lot, 17 chains
broad, inside the fence, to carry off the water — the Council
undertaking to keep a good and sufficient bridge over said
drain, at a spot fixed upon by Captn. Carey, and to this pro-
posal your petitioner agreed.

That, in the last mentioned year, the drain was begun, and
finished in 1844, and a bridge put on it at the public expense,
this bridge cost about £1.6. In 1845, the water widened the
drain and carried off the bridge and fence. In 1846 another
bridge was put over the drain at the public expense, at a cost
of £3. In 1847, the water again widened the drain, and again
carried off the bridge. In 1849, another bridge was thrown
over the drain, which cost the public £66 stg., but the water
widening the drain more and more, the bridge was under-
mined in 1851, and in 1852, was carried off altogether. Since
then, no bridge has been put over said drain, and, in the
absence of a bridge there your petitioner can have no access
to any part of his lands beyond the public road, thus placing
iim in an awkward position, having to depend on his neigh-
bours for a road ever since.

That, since 1852, no bridges were made in this neighbour-
hood till last year, when your petitioner applied to the Board
of Works, and stated his case to the Clerk of the Council, but
has been put off from time to time. That your petitioner,
therefore, humbly prays the Council to take his case into its
consideration, and cause a bridge to be put on said drain as
early as convenient; and your petitioner shall ever pray.

(Signed) A. Ross.

May 27th, 1856.

W. R, SMITH, E. 0.

Minutes of a meeting of the Governor & Council of Assini-
boia, held on the 25th day of June, one thousand eight
hundred and fifty seven.

Francis G. Johnson, Esqr. Govr. of Assiniboia, President
John Bunn, Esqr. M.D., Councillor of Assiniboia.
Thomas Thomas,
Robert McBeath,
Major Seaton.

PIONEER LEGISLATIOX 423

John Inkster,
Henry Fisher,

The following gentlemen were, after taking the usual oath,
admitted as Councillors of Assiniboia.

Major Seaton,

John Inkster,

Henry Fisher.

The Clerk of the Council having read the Minutes of last
meeting of Council, John Bunn, Esqr., Chairman of the Board
of Works, read the following Report :

Eeport of the Board of Public Works for 1856/57.

Your Board had to commence their operations of last year
under some disadvantages, which, however, they trust, have not
impeded the public good, or unduly increased the public ex-
penditure. The death of Mr. Eoss deprived them of the
benefit of his knowledge of previous arrangements, and no
record was found among his papers as a guide to future
operations, but the requirements of the public interest would
not admit of inaction, the unusual quantity of water which
poured into every stream caused serious injury to many of
the bridges, and more especially at such parts of the general
thoroughfares as their destruction made impassable, the effects
of the spring thaw upon the subsoil are such as have hitherto
set at naught our, local skill in engineering.

Commencing at the lower part of the Settlement, the
Board presents a sketch of their proceedings.

Between the Indian Settlement and Stone Fort, two por-
tions of the road had become impassable, and two pieces of
f aggotting, exceeding two hundred yards, was commenced, but
the season prevented one from being finished; the expense
incurred was £10. 10. 0. The bridge at Rowland's Creek
had become too dangerous, (and) was therefore rebuilt at an
expense of £21. 11. 10J. A bridge at Livingstone's Creek,
for the same reason, was erected at a cost of £6. 2. 3. The
roads at the back of Mr. Logan's having raised many com-
plaints, some faggotting was commenced, but, from want of
workmen at so late a period of the season, that it could not be
finished, and is therefore not yet of any use; the cost of 147
yards of faggotting was £10. 1. 9.

In obedience to an order from this Council, a road was
opened from German Creek to Bunn's Creek, at an expense
of £20. 6. 2i. The inhabitants of the ^south side of the River,

424 CANADIAN ARCHIVES

above the Forks, complained of the roads near the premises of
Joseph Flammond, where 374 yds. of f aggotting has been made,
at an expense of £18. 14. 0., but something I more is' yet
required. The sum of £6 was expended at various times, in
repairing the bridges between this and the White Horse
Plains. But the most expensive and unsatisfactory of our
operations have been at the Riviere Salle.

In the last report, by Doctor Cowan, it was recommended
that a bridge should be built on that River, as the maintenance
of a ferry was unsatisfactory and expensive. To avoid delay,
and so as to provide the expense between the revenue of
two years, the frame of the bridge was laid down last fall, to
be ready for covering in the ensuing spring, and, when
finished, it was proposed to load it with stones, so as to secure
it against the freshets which occasionally occur in that river;
the expense incurred amounted to £30. Unfortunately, the
high water of this season flooded up the posts,* and undid all
the labour of erection, but as none of the wood is lost, it may
be again refloored at comparatively small expense. A large
quantity of wood has been contracted for, and most of it has
been already landed on the spot. It is submitted to the Coun-
cil whether the work shall be forwarded in, or the attempt be
resigned; the further cost may be £50. The wood contracted
for amounts to £27. 10. 0, of which £20. 1. 0. has been paid.

Five bridges are required for the White Horse Plains
road, the few now standing are dangerous. Wood to the
amount of £50 has been contracted for; the distance of the
road from the river makes it expensive to place materials
upon the spot. About 150 yds. of f aggotting is required at
White Horse Plains, which may cost £10. Between the Fort
and Sturgeon Creek some faggotting and small bridges are
required .

A bridge is required above Eiviere Salle, and some more
faggotting about Flammond's, and at Frog Plains, where there
is most traffic, and the road is worse than (in) almost any
portion of the Settlement, at least 1200 yds. of faggotting is
required. An attempt was^made, last Fall, to procure 2,000
faggots, but no one would undertake them, About 50 yds. of
faggotting is required at James Taylor's, and also at John
Muir's. A new scow is wanted for the Forks Ferry, and one
has been contracted for at £22, of which nearly half has been
paid. The sums required for the current year will be as
follows : — •

PIONEER LEGISLATION 425

For Riviere Salle, say, £50; for the White Horse Plains
bridges, say, £70 ; for faggot ting at White Horse Plains, £15 ;
for bridges between the Fort and Sturgeon Creek, £12; Frog
Plains, £75 ; at James Taylor's, £5 ; John Muir, £5 ; bridge at
Pointe Coupee £20. The new Scotch road will require some
further improvement. In all a sum of £300 or £350 will
be necessary for improving the roads, and for some repairs
for the gaol, during this season. These are all the particulars
that have been pressed upon the attention of your Board, and
it is left to the Council to decide upon future operations.

Respectfully,

(Signed) JOHN BUNN,

Chairman.

Moved by Robert McBeath, seconded by Thomas
Thomas, Esq.,

That the report of the Board of Works be received, and a
further grant of the sum of £350 for the service of the current
year, be granted to the Board of Works.
Carried unanimously.

Moved by John Bunn, Esq., seconded by Robert McBeath,
Esq.,

That the last year's accounts, now presented, and which
could not be presented the last May, on account of the absence
of the Governor at Norway House, do now pass.
Carried unanimously.

Moved by Robert McBeath, Esq., Doctor Bmin seconded ;
That the accounts of the present year, 1856 & 57, do pass.
Carried unanimously.

Mr. Bruneau's motion for the reconsideration of the laws
concerning stallions and pigs, he not being at the present meet-
ing of Council, was deferred.

Moved by John Bunn, Esq., seconded by John Inkster,
Esq.,

That, whereas the postal service established between this
Settlement & Pembina, and continued for one year from the
27th Feby. 1856, is of great advantage to the Settlement, the
same be continued, as from the last mentioned day, until,
repealed by competent authority.

Moved by John Inkster, Esq., seconded by Robt McBeath,
Esq.,

That, Nathaniel Logan be appointed Post Master in the
lieu & stead of Mr. W. Drever, at a salary of £6 per annum.

426 CANADIAN ARCHIVES

And that the rate of postage on letters be reduced to Id. for
every letter not exceeding one i ounce, as well to as from Pem-
bina and Red River, and a further sum of 2d. for every extra
$ oz.

Moved by Mr. Fisher, seconded by Dr. Bunn,
That, whenever the Session of the General Court for the
month of May shall fall on Ascension Day, the same shall be
held the day next afterwards.

Moved by Mr. McBeath, seconded by Mr. Fisher,
That Thomas Thomas, Esq., and John Inkster, be appoint-
ed Auditors for the ensuing year.

Moved by Dr. Bunn, and seconded by Mr. T. Thomas,
That the dye stuffs belonging to the Governor & Council of
Assiniboia, now at the residence of the Messrs Pritchard, be
sold by auction on the first day of July, 1857, at such time
and place as may be appointed by the Secretary in a public
notice to be given thereof.

It was moved that the present meeting do now adjourn.

W. R. SMITH, C. C.

26th June, 1856.

Minutes of a Meeting of the Governor & Council of Assi-
niboia, held on the 19th day of September, One Thousand
Eight Hundred and Fifty Seven.

PRESENT

Francis G. Johnson, Esq., Gov. of Assiniboia, President
The Very Rev. Archdeacon Cochrane, Councillor of Assini-
boia.

John Bunn, Esq., Councillor of Assiniboia.

Major Seaton, "

Thos. Sinclair, Esq.,

Robt. McBeath, Esq.,

Francis Bruneau, Esq.,

John Inkster, Esq.,

Pascal Breland, Esq.,

Solomon Hamlin, Esq.,

Henry Fisher, Esq.,

Maximilien Genton, Esq.,

Messrs Pascal Breland, Solomon Hamlin, and Maximilien
Genton, after taking the usual oath, were admitted Councillors
of Assiniboia.

ti «

PIONEER LEGISLATION" 427

The minutes of the former meeting of Council were read,
wl^en Doctor Bunn moved, and (was) seconded by Robert
McBeath, Esq.

1. It was resolved: That in order to prevent, for the
future, any misconception of the relations between freighters
or owners and their boatmen, it shall not be lawful for any
such master or owner of any boat voyaging between Eed River
Settlement and any other place to embark any person as a
boatman without first entering into a contract, in writing, as
nearly as may be in the form of the Schedule A, herenfter
written, specifying what wages such person is to receive, in
what capacity he is to serve, the time of entering such service,
the period of starting, and the port or place to which such
voyage is to be made, and to be signed by such owner or
freighter, in the first instance, and by every such boatman
respectively, and attested by one witness, when both contracting
parties can sign their names, and by two witnesses where
one or both contracting parties shall be unable to sign their
name or names, the said contact to be distinctly and truly read
to such boatmen before signature.

II Resolved: That, if any boatman, after having signed
such agreement, but not otherwise, shall neglect or refuse to
join the boat he has engaged to serve in, or shall refuse to
proceed on the voyage agreed upon, oir shall absent himself
without leave, it shall be lawful for any justice of the peace,
upon complaint being made on oath by the master or owner
of such boat, who ehall produce his contract, to apprehend
the said boatman, and in case such boatman cannot give any
sufficient reason for such absence, refusal, or neglect, the said
justice, upon sufficient proof of such default, may commit the
said boatman to jail for any period not exceeding thirty days,
unless such boatman shall agree to proceed on such voyage,
to the satisfaction of the complaining party ; provided, always,
that nothing herein shall deprive the master or owner of his
legal recourse for the recovery of wages advanced to such
boatman, nor deprive such boatman of the like recourse for
wages due.

III Resolved: That public and sufficient notice shall be
given of the day of starting, not less than fourteen days
previously.

SCHEDULE A.

An agreement made pursuant to a law of the Governor
and Council of Assiniboia, passed in the 21st year of the reign

428

CANADIAN ARCHIVES

of Her Majesty Queen Victoria, between of Red

River Settlement, freighter, and the several persons w^ose
names are subscribed hereto.

It is agreed by and on the part of the said persons, and they
severally agree, hereby, to serve 011 board such boat or boats
as may be hereafter designated, in the several capacities against
their respective names expressed, on a voyage from Red River
Settlement to York Factory, and back to Red River Settle-
ment. And the said crew further agree to conduct themselves
in an orderly, faithful, honest, careful and sober manner, and
to be at all times diligent in their respective duties, and stations,
and to be obedient to the lawful commands' of the said freigh-
ter or his representative, in everything relating to the said
boat, and the material stores and cargo thereof, whether on
board such boat or on shore. In consideration of which ser-
vices to be duly, honestly, carefully and faithfully performed,
the said freighter doth hereby promise and agree to pay to
the said crew, by way of compensation or wages, the amount
against their names respectively expressed. In witness whereof,
tht? said parties have hereto subscribed their names on the days
against their respective signatures mentioned.

Date of Engagement.

Day.

Month.

Year.

Mens'
Signatures.

Duality.

Season
of Starting.

Wages.

Witness.

It was moved by the Rev. Archd'n Cochrane, seconded

by Mr. Fisher :

Resolved that James Stewart be appointed postmaster in

the place of Nathl. Logan, resigned, and at the same salary,

as from the 9th day of September, 1857.

Moved by Pascal Breland, seconded by Mr. Bruneau :
That the Petty Court at the White Horse Plain be held,

in future, on the first Monday in June of every year, instead

of the 2nd Monday in May, as at present.

Moved by Mr. Bruneau, seconded by Mr. Hamelin :
Resolved That, from and out of the sum of one pound by

law payable by the owner of any stallion at large, the magis-

PIONEER LEGISLATION 429

trate imposing such fine shall deduct the sum of ten shillings,
and pay the same to the captor of such stallion.

Moved by Mr. Pascal Breland, seconded by Mr. Bruneau :
That a premium of three shillings and six pence be paid
for the head of every wolf killed within twenty miles of the
settlement, such head to be delivered to the following gentle-
men:

For White Horse Plain District, Mr. Josh. Guilbeau,
Upper Part of Eed River District, Mr. Genton & Mr.

Hamelin,
Lower Part of Eed Eiver District, Mr. E. McBeath &

Mr. T. Sinclair,

Sturgeon Creek District, Mr. J. Isbester.
Mr. John Inkster gave notice of a motion that all whiskey
imported from the United States of America pay a duty of
six shillings per gallon.

A true copy.

WILLIAM E. SMITH, C.C.

24th September, 1857.

Minutes of a meeting of the Governor & Council of Assi-
niboia, held on the twenty third day of June, one thousand
eight hundred and fifty eight; at which were present as
follows :

Francis G. Johnson, Esq., Gov. of Assiniboia, President.
The Et. Eev. The Lord Bishop of Eupert's Land, Councillor.
The Et. Eev. The Lord Bishop of St. Boniface, Councillor.
John Bunn, Esq., Councillor.
Thomas Thomas, Esq., Councillor.
Eobert McBeath, Esq., Councillor.
Henry Fisher, Esq., Councillor.
John Inkster, Esq., Councillor.

The Lord Bishop of St. Boniface affirmed that he would
truly perform the duties of a Councillor of Assiniboia, and
took his seat as Councillor.

On Mr. Inkster's motion being discussed, it was moved
by Mr. Inkster, and seconded by the Bishop of Eupert's Land :

That a duty of six shillings be levied on each gallon of
whiskey imported from the United States of America.

It was moved by Dr. Bunn as an amendment, and seconded
by Mr. Thomas.

430 CANADIAN ARCHIVES

That Mr. Inkster's motion be postponed to the next meet-
ing of Council.

Carried unanimously.

It was moved by the Lord Bishop of St. Boniface, and
seconded by the Lord Bishop of Rupert's Land,

That the Public Accounts, now presented and audited,
and published according to law, be passed.

Carried unanimously.

Doctor Bunn, as chairman of the Board of Works, gave
the following report: —

" At the last meeting of council, a sum of £300 was voted
for the improvement of the public roads. For this purpose
about £250 has been expended, in the following manner: For
repairing the damages caused by the high water, spring 1857,
the expense was £41. 1. 9. For making a faggot road
between the Stone Fort and Indian Settlement £7. 15.
Making a faggot road on the east side of Red River, above the
church of St. Boniface, £13. 14. For faggotting, for timber,
and building a bridge on the White Horse Plain road, £58. 3. 1.
The bridge at Riviere Salle has cost £127. 2. 0. About
600 yards of faggotting at the Frog Plain has been contracted
for, and is in process of completion; the cost at 2/ per lineal
yard. Four bridges on the White Horse Plain road have been
contracted for, and are being built. A faggot road is making
behind Mr. Fisher's premises, as well as on the west bank of
the Red River, and the road behind Mr. Logan's is being put
into proper repair. The contract entered into between Dr.
Cowan and Mr. McDermott, for maintaining a proper thor-
oughfare over the Sturgeon Creek, will expire in 1861, but as
the state of that thoroughfare is the source of much discontent,
and as the necessary bridge will require a considerable time
for its completion, it would be advisable to commence it as
soon as possible, and, if material could be found, a beginning
might be made this autumn. 6 or 700 yards of faggotting
are still necessary at or about the Frog Plain, and at various
points of the road between the two forts improvements are
required, some of which would ere now (have) been accom-
plished if it were not from the difficulty of obtaining labour.
On the right bank of the Assiniboine River, a road will require
to be lined out and cleared. For the accomplishment of these
various objects, a further grant of £300, exclusive of the
unexpended grant of last year, may be required.

PIONEER LEGISLATION 431

" With every desire on the part of your board ta meet the
public convenience, they are often reminded of dissatisfaction
at their inefficiency. The increasing extent of roads, and the
annually renewed demands for repairs and improvements, make
the duty of superintendence far from agreeable, and impose
a tax upon the time of the members, not patiently borne. It
is difficult to suggest an improvement, perhaps, but the choice
appears to lie between an increase of our members, and the
appointment of a paid official whose sole duty it would be to
attend to this department. This, however, must be left to the
wisdom of this Council."

(Signed) JOHN BUNN,

Chairman.

Moved by Mr. Thomas, and seconded by Mr. Fisher:

That the report of the Board of Works, now presented, be
passed, and that a credit of £300 be given to the Board of
Works, for the current year.
Carried unanimously.

Moved by Dr. Bunn and seconded by Mr. McBeath:

That Mr. H. Fisher be appointed a member of the Board
of Works.

Carried unanimously.

Moved by Mr. Bunn, and seconded by Mr. J. Inkster :

That, whereas the 18th Eesolution of our local code, which
runs thus:

" If, without the Hudson's Bay Company's authority any
person distil, or attempt to distil, native spirits, or own or pos-
sess either such spirit, or any vessels or materials prepared
or intended for the manufacture thereof, he shall be fined ten
pounds, and shall forfeit all such materials or vessels or
spirits," is no longer expedient or suited to the wants and cir-
cumstances of our community, it is now resolved that the said
resolution shall be, and is repealed.

Moved by the Lord Bishop of Rupert's Land, and seconded
by the Lord Bishop of St. Boniface :

That, in consideration of the increased expense of living
in Red River Settlement, and also of the increased duties of
the offices now held by Mr. W. R. Smith, his salary be raised
to the sum of one hundred pounds per annum, to commence
from the first day of June, 1858.

Carried unanimously.

432 CANADIAN ARCHIVES

Moved by Mr. Inkster, and seconded by Mr. McBeath :

That the sum of six pounds per annum be paid to Mr.
Thomas Thomas for salary as president of the Petty Court for
the Lower District, to commence as from September 1st, 185Y.

A petition was presented from Andre Harkness and others,
requesting a public road on the left bank of the Assiniboine
Eiver.

Petition -ordered to lie on the table.

A petition from the majority of the land holders of the
parish of St. Paul's to compel the minority to aid in the
improvement of the said locality, praying the Council to pass
an act for the purpose.

Petition ordered to lie on the table.

Mr. Henry Fisher gave notice that, at the next meeting of
Council, he will move the reconsideration of the laws relating
to fires.

A true copy.
W. R. SMITH, E.G.

24th June, 1858.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held on the ninth day of December, one thousand eight
hundred and fifty-eight; at which were present as follows: —

William Mactavish, Esquire, Governor of Assiniboia,
President.

John Bunn, Esquire, Councillor of Assiniboia.

Rt. Revj Lord Bishop of Rupert's Land, Councillor of
Assiniboia.

Rt. Rev. Lord Bishop of St. Boniface, Councillor of Assi-
niboia.

Solomon Elmin [Hamlin], Councillor Assiniboia.

John Inkster, Councillor of Assiniboia.

Robert MeBeath, Councillor of Assiniboia.

Frangois Bruneau, Councillor of Assiniboia.

Pascal Breland, Councillor of Assiniboia.

William Mactavish announced to the Council that he had
been appointed Governor of Assiniboia, and handed his com-
mission to the Clerk of the Council to be read, after which the
usual oath was administered as follows: —

" I hereby swear, in the presence of Almighty God, that I
will truly serve our Sovereign Lady, the Queen, or Her Heirs
and Successors, and all who now do, or hereafter may, lawfully

PIONEER LEGISLATION 433

exercise authority under her, or them, and that 1 will faithfully
discharge all and every the duties of Governor of the District
of Assiniboia in Rupert's Land. So help me God."

After the minutes of the last Council were read, Mr. John
Inkster declined entertaining his motion, and John Bunn,
Esq., read the report of the Board of Works, as follows: —

Since the last meeting of Council, your Board have to
account for the amount of work done, and the large expenditure
incurred thereby.

The estimates fall short of the actual expense, and the grant
for the year has been exceeded. But your Board indulge in
the hope that the Council will approve of their operations, and
sanction their expenditure. There have been built, on the
White Horse Plain road, 3 bridges, which, including some
material, have cost £71.13. The repairing of bridges, injured
by the spring floods, has cost £15. 9. A small bridge at Jean-
vienns cost £3 0. 0. And £12. 1. has been expended on the
bridge at Riviere Salle; it is not yet finished, the contractor
having failed in his promise, but he engages to have it done
before spring. It is now viable, but requires a handrail. There
has also been a small bridge behind Pritchard's at a cost of
£2. 0. 0. in all, for bridges, £104. 13. 3.

A faggot road has been made, at Frog Plains, nearly 2,000
yards long; it has cost £199. 6. 0. On the east side of the main
river, a faggot road, 388 yards, at a cost of £19 8. On the
west1 side of the main river, a faggot road, of 106 yds. long,
cost £7. 8. 3. On the road leading to St. James7 Church, fagot-
ting and repairing 200 yds. cost £9. At the back of Mr.
Logan's 548 yds. cost £43. 18. 7. Altogether 3,268 yds. at
a cost of £279. 0. 10. The old drain, originally made to pro-
tect the Frog Plain road, has been opened at a cost of £5. 0. 6.
The whole expenditure incurred by the above detailed works
amounts to £388. 19. 1. The grant of last Council was £300,
and there remained a balance of £50 from the previous year.
Your Board have, therefore, exceeded their authorized expendi-
ture by about £40. This has arisen, in a great measure, from
the excessive rise in the price of labour. Your Board had,
therefore, a choice of difficulties; either to leave a portion of
necessary work undone, or to trespass upon your indulgence,
for which they now solicit an indemnity. Complaint has been
made, against your Board, that they pay unconscionably high
for work, especially for faggotting, but it is found that labour-
ers will not work upon the public roads except at higher rates

28159—28

434 CANADIAN AKCHIVES

than they get from private hirers, and when tenders are given
in, after public notice, they are invariably very highly priced.
It is found cheaper to make private contracts ; and further, in
comparing the prices of faggotting in this, with former years,
it is found, upon the whole, that your present Board is below,
rather than above the average. During the years 1854 & 55,
there were made 2,137 yards of road, at a cost of £198. 19. 6.,
the average being 1/5 J per yd. This year, there have been
3,268 yds., made for £279, the average l/4f per yd. ; so that,
notwithstanding the difference between the prices of labour
of this and of past years, the faggotting has been done at one
half penny per yd. less than in former years. The community
connected with Sturgeon Creek complain of the difficulty and
danger of the passage there, and have petitioned for an effi-
cient bridge. The most convenient place, as regards time and
expence, for a bridge, seems to be about a mile above the mill
dam, and an offer has been made to erect one for £70, which
offer has not been entertained as the price was thought too
high, but the necessary material must be procured this winter,
and the bridge completed as soon as possible next summer.
A road is being cut and cleared near Mapleton, but, as the
work has not been completed, the expence is not known.

Your Board submit that it is necessary to make a further
grant of £120 which, it is hoped, will meet any expense that
may be necessary during the spring season, as well as cover
the excess which has been expended.

Respectfully,
(Signed) JOHN BUNN,

Chairman,

It was moved by the Bishop of Rupert's Land, and seconded
by the Bishop of St. Boniface:

That the Report of the Board of Works be received, and
that a further grant of £120 be advanced to carry out the inten-
Judges for the Upper District.

Carried unanimously.

Dr. Bunn moved, and Mr. Bruneau seconded :

That Mr. William Dease be appointed one of the Petty
iJudges for the Upper District.

Carried unanimously.

The Bishop of Rupert's Land gave notice of a motion:

That a meeting of Council take place once at least every
three months.

PIONEEB LEGISLATION 435

Mr. Bnineau gave notice that, at the next meeting of Conn-,
cil, he will move the reconsideration of the law for pigs.

The Bishop of Rupert's Land gave notice that he should,
at the next meeting of Council move that a sum not exceeding
£50 be given for the purpose of conveying the mail detained
between this and Lake Superior.

The Bishop of Rupert's Land gave notice that he should,
at the next meeting of Council, move, That the sum of two
hundred pounds be granted by the Council, to meet a similar
sum raised by the settlers, to assist in opening up commrmca-
tion with Canada by the Lake of the Woods.
A true copy.

W. R. SMITH, E. O.3

10th December, 1858.

Minutes of a Council of the Governor and Council of
Assiniboia, held on the tenth day of March, 1859, at which
were present, viz. :

William Mactavish, Esq., Gov. of Assiniboia, President.

John Bunn, Esquire, Councillor of Assiniboia.

The Rt. Rev. the Lord Bishop of Rupert's Land, Councillor
of Assiniboia.

The Rt. Rev. the Lord Bishop of St. Boniface, Councillor
of Assiniboia.

Robert McBeath, Councillor of Assiniboia.

Henry Fisher,

Thomas Sinclair,

Frangois Bruneau,

Maximilien Genton,

John Inkster,

Solomon Emlin, " "

Pascal Breland,

Mr. Wm. Dease having refused the appointment of Petty
Magistrate at the salary offered him (£5) as inadequate to the
requirements of the duties to be performed, it was

Moved by the Bishop of St. Boniface, and seconded by Mr.
Fisher :

That Mr. Wm. Dease be appointed Petty Magistrate for
the Upper District, at a salary of £10 per annum.

Carried unanimously.

The motion of the Lord Bishop of Rupert's Land : That the
Governor and Council shall hold, meetings, once 'at least every
three months.

Carried unanimously.

28159— 28|

•136 CANADIAN ARCHIVES

The motion of Mr. Bruneau for the reconsideration of the
law for pigs: Mr. Bruneau submitted the following: If,
between the 31st of March and the l&t November, any pig or
pigs be found in any enclosed field without a yoke of one foot
and a half wide, and one foot and a half in height, the owner
of such pig or pigs shall not only be answerable for all damages
within the said enclosure, committed by the said pig or pigs,
but shall also pay a fine of three shillings for the seizure of
the said pig or pigs. Furthermore, if, after the
owners of the pigs have been warned by the pro-
prietor of the enclosure to take his pigs away, and
he neglecting to do so, the proprietor of the enclosure
may, in that case, after the lapse of six hours shoot the said
pig or pigs, and the owner of the pigs shall not recover dam-
ages for this act.

Referred to next' Council.

The Bishop of Rupert's Land's two motions of last Coun-
cil, referred to next Council.

A petition from the land holders on the east bank of Red
River, situated from Pritchard's Point downwards, presented
by Mr. R. McBeath, praying the extension of the road, on that
side of the river, as far as Chas. Cook's lot.

Petition referred to Board of Works.

Mr. McBeath and Mr. Sinclair presented two petitions,
one from the lower part of the Settlement, and the other from
the upper part, as far as St. John's parish, as follows:

To the Governor and Council of Assiniboia, in Council
assembled —

The petition of the undersigned inhabitants of this Colony
humbly sheweth,

That, on the formation of Minnesota into a Territory,
horn cattle, horses, flour and other articles, the produce of this
Settlement, have been met, on their introduction into that
Territory, by a duty of twenty per cent, on the bona fide value
of the same articles in this Settlement. The same tariif of
duty still exists, not only in Minnesota, but also in all the
unorganized country to the west of Minnesota.

Your petitioners would humbly submit to your
honourable Council that, if the Government of the
United States feels itself bound, in duty, to protect,
by the imposition of such high tariff of duty, the
agricultural interests of its citizens, how much more does
our agricultural interests, the only material interest of this

PIONEER LEGISLATION 437

Colony, require protection — especially, when we consider the
many great advantages which the American agriculturists pos-
sess: 1st In the low price which they pay for land; 2nd In a
warmer climate ; 3rd In the facility and cheapness with which
they can procure all kinds of agricultural implements; and,
lastly, in the activity and energy exhibited "by the national
Government to open up the ways of commerce.

Therefore, your Petitioners humbly pray that your hon-
ourable Council will be pleased to take our petition into your
most gracious consideration, and trust that you will see the
justice and expediency of passing, a legislative act imposing
an import duty of twenty per cent on Horn Cattle, Horses,
Pork, salted or fresh, salted Beef, Flour, Indian Corn, & Bis-
cuit, on being imported from the United States of America
into this Colony.

And Your Petitioners will ever pray.

The Upper petition having 59 signatures, and
The Lower one " 29 "

88 Total signatures.

It was moved by Dr. Bunn and seconded by the Bishop of
St. Boniface:

That the foregoing petition be laid on the table. Carried.

Mr. Kobert McBeath, Mr. Thomas Sinclair,. The Et. Kev.
the Lord Bishop of Rupert's Land, and The Rt. Rev. the Lord
Bishop of St. Boniface, presented each a petition on the same
subject, as follows: —

To the Gov. & Council of Assiniboia,

The petition of the undersigned Parishioners of St. John's
Humbly sheweth,

That your Petitioners feel deeply the evils introduced into
this settlement and Country by the large importation of
spirituous liquors from the United States, and are most
anxious that some steps be speedily taken to check^ the same.

That, while your Petitioners would leave to your wisdom
the selection of the most suitable measure, they would suggest
that, either a Tax per Gallon be imposed on it, or that a
licence, and that of a considerable sum, be necessary for all
who shall sell the same,

438 CANADIAN ARCHIVES

^ That, as a case in point, they would adduce the example of
British Columbia, where a high Licence is taken out hy those
who sell any spirituous Liquors, and where the sum, derived
fron^this> source, has already been sufficient to found a School
in Victoria;

That your Petitioners are persuaded that this evil, if not
repressed by some legislative enactment, will hinder the pro-
gress of civilization in this land, and, above all, that it will
effectually prevent the spread of the Gospel among the remnant
of the Indian population.

And your petitioners will ever pray.

This petition had 39 signatures.

The other three Petitions (two of them in English, and one
in French) are alike, and as follows : —
To the Honourable the Governor and Council of Assiniboia.

The Petition of the undersigned inhabitants of Red River
Colony,

Humbly sheweth

That your petitioners observe, with deep regret, the large
and constantly increasing importation of intoxicating liquors
into this country, without any check or hindrance whatsoever;

That the whiskey imported from the United States is of
the worst quality, containing ingredients which are positively
poisonous, and therefore ruinous to health;

That your petitioners believe the unrestricted importation,
and manufacture, of such liquors, will be fraught with conse-
quences fatal to the moral and material interests of the Colony ;
while the effects, among the Indians in, and around it, will, if
possible, be still more deplorable, and all the efforts of pious
missionaries for their social and religious improvements,
utterly frustrated.

That, in the state of things so far beyond the reach of
private effort, your petitioners consider the intervention of the
Law as not only justifiable, but imperatively called for-;

Wherefore, your petitioners humbly pray your Honourable
Council to take this subject into your serious consideration,
and enact such a law as will check this great and growing evil,
— an evil which has caused more crime, more misery, and more
useless waste, in countries where it has prevailed, than any
other cause whatever.

And, while they would not presume to dictate what specific
remedy should be applied, they would nevertheless beg to offer
one or two suggestions.

PIONEER LEGISLATION- 439

They are of opinion, —

1st. That the importation of all impure or adulterated
liquors, and of ingredients for the manufacture of such, should
be totally prohibited.

2nd. That other liquors (not so prohibited) should be sub-
jected on importation, to a duty of not less than five shillings
(5/) per gallon.

3crd. That if impure, adulterated liquors be admitted
(which your petitioners would much deprecate) they should
be subjected to a duty of at least eight shillings per gallon.

4th. That a stringent licence system should be put in force
in this Colony, regulating the sale and manufacture of all
ardent spirits.

These suggestions your petitioners would humbly submit
to your Honourable Council, simply adding that, while many
of them would like to have a law enacted similar to what is
commonly called the " Main Law," they would be satisfied,
meanwhile, with any measure embodying the foregoing sugges-
tions, or others equally effective. The great design of your
petitioners being the end, they would leave the selection of
means to the wisdom of your Honourable Council, feeling con-
fident that the measures adopted will be the best practicable.
And your Petitioners, as in duty bound, will ever pray, &c.

This petition had 146 signatures. ,

Another Petition, a copy of the above, purporting to come
from the Parish of Saint Andrew's had 53 signatures, and
the other one, in French, carried no signatures, but the follow-
ing attestation.

Les temoins soussignes attestent que, dans une assemblee
tres nombreuse, convoquee et tenue a cet effet, dans une des
salles de 1'eveche de Saint-Boniface pendant la journee du
0 courant; tous les individus presents, apres avoir entendu la
lecture de la petition ci-jointe, ont applaud! d'une voix nna-
nime aux mesures qu'elle propose; que tous ont ouvertement
exprime le desir d'avoir, dans la Colonie, une loi qui, en fixant
un impot pour T importation des liqueurs de quelque pays
qu' elles viennent, etablisse en meme temps tin systems de
licence, pour en regler la fabrication et la vente.

(Signed) ALEX. 'Eveque de St. Boniface,

O.M.I.
" AMABLE THEBEATJLT LEVEILLE.

440 CANADIAN ARCHIVES

After some discussion on the foregoing Petitions,

It was moved by the Bishop of St. Boniface, and seconded
by the Bishop of Rupert's Land,

That a Committee be appointed to take into consideration
the draft of a system of Laws to regulate the importation of
spirituous liquors into the Settlement.

Carried unanimously.

It was moved by Mr. Bruneau, and seconded by Mr. Fisher,

That the Bishop of RupertVLand, the Bishop of St. Boni-
face, Mr. Inkster, Mr. McBeath, and Mr. Emlin be appointed
as a Committee to carry out the preceding motion.

Carried unanimously.

Two Petitions, one in English and one in French, were
presented by Pascal Breland, Esquire, from the inhabitants of
Assiniboine River, viz:

The Petition of the undersigned inhabitants of Red River
Colony

Humbly sheweth

That we, the undersigned inhabitants, residing on the
Assiniboine River, feel aggrieved in a certain particular, and
beg to represent our case to your Honourable Council, feeling
confident that you will take the matter into your consideration.

That there is very little wood on this river ; and there is no
place where wood can be procured, except at a great expense ;
and that, therefore, it is very important that we should ^reserve
what is, for our own use; if every stranger can take away, at
"hu pleasure, whatever amount of wood he chooses, we will soon
be left without the means of keeping up our establishments, in
the way both of firewood and building timber ;

That, unless a check be applied, ere another winter come
round, we will be without wood ;

Wherefore, your Petitioners humbly pray your honourable
Council,

1st To appoint one or two persons to guard the woods of
this River, so as to prevent their being taken away,

2nd That no one be allowed to remove wood from said
river unless for such public works as bridges, churches, schools,
&c., and1 even in these cases, permission to be given only when
the timber cannot be procured easily elsewhere;

3rd To hinder all from taking wood on parts as yet un-
settled, unless they have permission from those appointed to
guard said wood;

PIONEER LEGISLATION 441

4th That the wood 'of this river be used only by the inhabi-
tants living thereon, and for their own proper use, not dispos-
ing of it to inhabitants of other parts of the settlement;

5th That those at present doing a large business up the
River, give the first choice to the inhabitants of said River, —
first choice of their wood, that those who need may have it for
themselves or for public works at the same price for which
they contracted at first;

And your Petitioners, as in duty bound, will ever pray, &c.

Signed by 62 names
A French Copy Signed by 120 names.

Total, 182 signatures.

Doctor Bunn moved, and Frangois Bruneau, Esq.,
Seconded,

That the Council take the Prayer of this Petition into their
consideration.

The Lord Bishop of St. Boniface presented and read a
Petition from Roger Goullet, concerning the difference of the
.Lines existing on some of the Lots in the upper parts of the
Red River. The matter referred to the Hon'ble H. B. Coy's
Agents at Fort Garry.

Dr. Bunn moved, and Mr. R, McBeath seconded,

That Thomas Sinclair, Esq., be appointed President of the
Lower District Petty Court, in place of Thomas Thomas,
deceased, and at the same salary.

It was moved that this Council do now adjourn.

A true copy.

W. R. SMITH, C.C.

Minutes of a Meeting of the Governor and Council of
Assiniboia, held on the Twelfth day of May, One Thousand
Eight Hundred and Fifty nine, at which were present the
following Members of Council:

William Mactavish, Esquire, Govr. of Assiniboia,

President.

John Bunn, Esquire, Councillor of Assiniboia.

Rt. Revd. the Bishop of Rupert's Land do do

Rt. Revd. the Bishop of St. Boniface do do

Salomon Hem] in, do do

John Inkster, do do

Francois Bruneau, do do

442 CANADIAN" ARCHIVES

Pascal Breland do do

Robert Macbeath, do do

Thomas Sinclair, do do

After the minutes of the last council had been read, it was
stated — That Mr. James Ross had been appointed Post Master
in place of James Stewart, resigned, at a salary of Ten Pounds
Sterg. per annum.

It was moved by John Bunn, Esqr. and seconded by R-obert
McBeath, Esqr.,

That the Governor of Assiniboia be empowered to make all
necessary arrangements concerning the Postal affairs.

Carried unanimously.

It was moved by John Bunn, Esquire, and seconded by the
Bishop of St. Boniface,

That a sum of money be placed at the disposal of the Gov-
ernor of Assiniboia, to defray such expences as may be incurred
in instituting an enquiry in Canada regarding the disappear-
ance of George Lyons, in October, 1853.

Carried unanimously.

Moved by Robert McBeath, Esquire, and seconded by
Thomas Sinclair, Esquire,

That the sum of Five Hundred Pounds be applied for the
improvement of Roads and Bridges, for the current year.

Carried unanimously.

Moved by Robert McBeath, Esquire, & seconded by Thomas
Sinclair, Esquire,

That the Governor of Assiniboia the Rt Rev. the Lord
Bishop of Rupert's Land, the Rt Revd. the Lord Bishop of
St. Boniface, and Doctor Bunn, be appointed a committee to
draw out Resolutions to regulate the importation of spirituous
Liquors into the Settlement.

Carried unanimously.

Moved by the Bishop of Rupert's Land, seconded by Doctor
Bunn,

That Mr. John Taylor be appointed Petty Magistrate for-
the White Horse Plain District, and that the said District be
now considered to extend downwards as far as Sturgeon Creek.

Carried unanimously.

It was moved by the Bishop of St. Boniface, seconded by
Francois Bruneau, Esquire,

That from, and after the 1st July, 1859, it shall not be
lawful to cut any timber on any unoccupied Land on the banks

PIONEER LEGISLATION 4:43

of the Assiniboia River, excepting for the use of the inhabitants
of that River, and also for any public Works ; and that Pascal
Breland, Esqr., and Mr. Charles Baron be appointed to carry
this Law into effect, and shall have power to seize all wood
cut contrary to the conditions of this Law — and the wood so
seized to be sold for the benefit of the Public Fund.

Carried unanimously.

Francois Bruneau, Esquire, submitted the following Law
for 'Pigs : —

If, between the 31st March, and the 1st November, any pig
or pigs be found in any enclosed field, without a Yoke of One
Foot and a half wide, and One Foot and a half in height, the
Owner of such Pig or Pigs shall not only be answerable for all
damages committed by said Pig or Pigs, but shall also pay a
fine of Three Shillings for the seizure of the same — Further-
more, If, after the owner of the Pig or Pigs has been warned
by the proprietor of the enclosure, to take his pig or pigs away,
and he neglect to do so, in that case, the proprietor of the
enclosure may, after the lapse of Six Hours, shoot the said Pig
or Pigs, and the owner shall not recover any damage for this
act — And any person taking any pig or pig® according to this
law, shall be allowed 6d. per diem for the maintenance of each,
to be paid by the owners of pigs so taken.

Carried.
A True Copy
W. R. SMITH, C. C.

Minutes of a Council of the Governor of Assiniboia, held
on the Twenty Sixth day of May, One Thousand Eight Hun-
dred and Fifty nine — At which were present the following
Members of Council, Vizi-
William Mactavish, Governor of Assiniboia, President.

John Bunn, Esquire, Councillor of Assiniboia.

Rt. Revd. The Lord Bishop of Rupts. Land "

Rt. Revd. The Lord Bishop of St. Boniface "

Salomon Hemlin

John Inkster

Francois Bruneau

Pascal Breland

Robert MacBeath

Maximilian Genton

After passing Mr. Bruneau's Law for Pigs, which was sub-
mitted to the Council at its last Meeting, the following amend-

444 CANADIAN ARCHIVES

ments were moved by John Bunn, Esquire, and seconded by
the Lord Bishop of St. Boniface :

First. To protect incautious persons from the injurious
effects of using impure Spirits: It shall not be lawful to im-
port or sell, any Spirits adulterated with Vitriol, Turpentine,
Strychnine, Cocculus Indicus, Tobacco, or any poisonous or
deleterious substance whatever; — And any person convicted,
on sufficient evidence, before a petty Court, of having adulter-
ated Spirits in possession, shall be condemned to the forfeiture
of the same, and all such spirits shall be destroyed in the pre-
sence of any Magistrate, whether of the Peace or of Pettv
Court — And any person convicted, on sufficient evidence,
before said Court, of selling adulterated Spirits, shall, for
each offence pay a fine of Twenty pounds Sterling, or, at the
discretion of the Court, be imprisoned for not more than three
calendar months — A reward of Ten pounds Sterling to be paid,
on each conviction, to any person or persons who shall give
such evidence as shall secure cgnviction.

Second. That it shall be lawful for the Bench of Magistrates
of the Peace and Petty Court, in their several Districts, as-
sembled on the first Monday of the month of June, in each
year, to issue Licences, for one year only, to approved appli-
cants (who shall be Landholders in this Settlement) allowing
the sale by retail of all Spirits lawfully imported, or of native
manufacture (all quantities under five gallons shall be counted
retail) and that a sum of Ten pounds, be paid for each Licence
so issued. The number of Licences shall not, for this year,
exceed Twenty for the whole Settlement. And any person
selling spirits by retail, without such Licence, shall, on con-
viction before a petty Court on the oath of one or more wit-
nesses, for each offence pay a fine of Ten Pounds Sterling, and
be imprisoned until the fine be paid, one half of the fine shall
go to the informer — And the form of the Licence shall be
according to the Schedule A. And any offence against the pro-
visions of said Licence shall be punished by forfeiture of the

same. Schedule A. This is to certify that you

are hereby permitted to sell any Lawful Spirits in any quan-
tity under five gallons, to any person or persons, subject to the
following restrictions: Not between the hours of Nine o'Clock
at night and Six o'Clock in the morning; not in any hour during
the Sabbath — not to any Intoxicated person;) Never to any
Indian, or person popularly known as an Indian ; any act con-
trary to the above restrictions shall make your Licence, void,

PIONEEK LEGISLATION 445

and of none effect — This licence shall continue in force for
Twelve Calendar Months.

Third. That it shall not be lawful to sell any intoxicating
liquor to any person popularly known as an Indian, and any
person convicted, before a Petty Court, on the oath of one or
more witnesses, shall be assessed in the following penalties,
viz:

For selling Beer or any fermented liquor to any Indian or
Indians, the penalty shall be a fine of Five Pounds Sterling for
every offence, with imprisonment until the fine be paid. The
whole of the Fine to go to the informer.

For selling Distilled spirits to any Indian or Indians, the
Penalty shall be a fine of Ten Pounds Sterling for each offence,
with imprisonment until the fine be paid ; one half of the fine
to go to the informer.

Fourth. That it shall be lawful for each Petty Court, out
of the fund arising from Licenses and Penalties, to defray any
necessary expences incurred in enforcing these three resolu-
tions, accounting to the Governor and Council for all such
receipts and expenditures.

Lastly. That all spirits imported before the 1st of May,
1859, shall not be seizable before the first Monday of July of
this year. And all spirits imported before the first day of
May of this year, may be sold without Licence until the first
Monday of July of this year.

Minutes of a Council of the Governor & Council of Assini-
boia held on the Tth day of December, One Thousand eight
hundred and fifty nine; at which were present, viz: —

William Mactavish, Esquire, Govr. of Assiniboia President.

fit. Revd. The Lord Bishop of Rupert's Land, Councillor
of Assiniboia.

Rt. Revd. The Lord Bishop of St. Boniface, Councillor of
Assiniboia.

John Bunn; Councillor of Assiniboia.

John Inkster, - " "

Pascal Breland, "

Salomon Amlin,

Henry Fisher,

Maximilian Genton,

Robert McBeath, " "

Thomas Sinclair, "

John E. Harriott,

446 CANADIAN ARCHIVES

John E. Harriott, having presented his. commission, was-
sworn in as a Councillor of Assiniboia, in the usual manner.

Mr. Smith presented the Public accounts for the Year
ending 31 May, 1859, shewing a Cr. Balance, in favour of the
Public Funds of the Governor & Council of Assiniboia3 the
sum of £1350. 4. ?$.

It was moved by the Bishop of Rupert's Land, and second-
ed by the Bishop of St. Boniface,

That the last year's accounts, now presented, do pass.

Carried unanimously.

It was moved by the Bishop of Rupert's Land, and second-
ed by Mr. Harriott,

That the Postmaster be instructed, in conjunction with the
Governor of Assiniboia, to send an extra messenger to forward
the return mail to Pembina. Carried unanimously.-

It was moved by the Bishop of Rupert's Land, and second-
ed by Mr. Sinclair,

That all ISTews Papers direct from the Publishers of Red
River, be free of all postage, and also all exchange News
Papers.

Carried unanimously.

John Bunn, Esquire, Chairman of the Board of Works,
gave in and read the following report:

To The Governor & Council. It is respectfully presented
by the Board of Works.

That, at the commencement of this finance year, a balance
remained of last grant > amounting to £40. The 'grant of the
current year was £500. A transfer from the Licence fund of
this District, amounting to £33, and incidental pay-
ments amounting to £10.10., in all making the disposable
sum of £586. 10., which has been expended in the following
manner :

At the White Horse plain there has been made some 900
yds. faggotting. A Bridge has been built over the Sturgeon
Creek; on the West Bank of the Main River 1616 yards of the
road has been faggotted; the River Selle Bridge has been once
more put into efficient repair; the River passage has been
widened to 40 feet, which it is hoped, will prevent its being
again carried away by the ice ; the span is made upon the sus-
pension principle, and appears a very creditable piece of work-
manship ; it has proved very expensive, but the great increase
of traffic in that direction made the want of a bridge severely
felt, and was a heavy tax upon passengers. It is hoped that

PIONEER LEGISLATION 447

the expense has not been incurred unnecessarily nor unprofit-
ably. A Koad has been opened through the woods on the
South bank of the Assiniboine River, five miles in length. The
Riviere La Sienne bridge, which is almost annually carried
away by the Spring freshets, has been raised and lengthened,
and a quantity of stones has been contracted for, to prevent
its rising with the water. Some faggotting and repairs have
been made on the road leading from the Riviere La Sienne to
Bunn's Creek ; the continuation of this road from Bunn's creek
to Charles Cook has been surveyed, marked out, and measured,
but from want of funds, has not been opened. There has been
some faggotting done between Parks Creek and Stone Fort.
Various other expences have been incurred, of which there is
annexed a detailed account. As there will necessarily arise
some expenditure before the opening of next season, it is soli-
cited that a sum of, say £50, be placed at the disposal of your
board, to meet any contingency that may arise.

The superintendence of Roads and Bridges has become a
labour so great, and so widely extended, that it can no longer
be efficiently performed by the board, as at present constituted.
The Board would, therefore, pray +"hat this Council do adopt
such measures as they may, in their wisdom, think proper, to
secure the proper performance, and economical management
of the Public works and the Public funds.

Annexed is an abstract amount of the receipt and expen-
diture of this season.

Respectfully,

JOHN BUNN,

Chairman.

Abstract annexed to the foregoing Report :— -

John Bunn, Esqr., then moved, and the Bishop of Rupert's
Land seconded,

That the sum of £50 be granted to the Board of Works.

Carried unanimously.

Dr. Bunn moved, and' seconded by the Bishop of St. Boni-
face,

That in order to maintain with due economy and in
proper efficiency, the Roads and Bridges of the Settlement; It
is resolved, that each District Court shall, for and within each
several District, be constituted a Board of Works, to exercise
all such authority, and perform all such duties, as have been

448 CANADIAN ARCHIVES

hitherto performed by the Board of Public Works which is now
abolished.

Carried unanimously.

Doctor Bunn presented the following Petition: —

To the Governor and Council, Assembled at Red River,
Petition of James Mulligan, Pensioner, resident of Red River,

Petitioner humbly sheweth that, having obtained privileges
by Licence to keep and retail Spirituous Liquors, he purchased
a large quantity of Spirits, to the amount of 200 galls, but,
unfortunately, being suddenly deprived of his Licence, the
whole of this large stock remains unsold, to the great injury of
his very large and helpless family. Petitioner humbly reminds
the Council to the mean and combined manner into which he
was led into the infringement of the late Liquor Laws, humbly
trusts that they will mercifully consider his case, when he
pledges himself to be more guarded in future, and faithfully to
comply, in every particular, with the laws of the Council.
Petitioner will ever pray.

(Signed) JAMES MULLIGAN.

The Council ordered, That Mr. Smith inform the Petitioner
that this Council will not interfere.

The Rt. Reverend Lord Bishop of St. Boniface presented
three petitions from the inhabitants of Red River, the
following being a copy, viz. : —

A PETITION

To the Governor and Council of Assiniboia from the inhabitants
of Red River Settlement:

Your Petitioners humbly shew,

We, the undersigned inhabitants of Red River Settlement,
beg leave to state, from reliable information, to your Honour-
able Council in Assembly;

Firstly. That the Steam Mill of Red River Settlement,
which has been of such an immense benefit to the Public of
this Settlement, in various ways, will, in a very short time, be
totally unfit to carry on work, on account of the dilapidated
state of the boiler, caused by the incompetency of the first
engineers ;

Secondly. That " The Red River Steam Mill Co." have
already expended the large sum of £1,600 on this Mill, and

PIONEER LEGISLATION 449

have not as yet received, neither do hope to receive, one farth-
ing in return for so great an outlay, and cannot be expected to
go to the additional expense of purchasing another Boiler, in
their present reduced circumstances, but are ready and willing
to undertake the replacing of another boiler, if encouraged by
assistance ;

Thirdly/That the Wind and Water Mills, especially during
our severe winter season, are altogether inadequate to meet the
pressing demands for grinding, and that this demand can only
be met by keeping the Steam Mill in operation;

Fourthly. That we, the undersigned, do individually pledge
ourselves to render all the assistance in our power, when called
upon, to aid " The Red River Steam Mill Co." jn replacing a
Boiler in their Mill, rather than the Mill should be stopped
and we should be reduced to the certain distress which would
ensue from such an event; the lowest estimated sum requisite
for the purpose being no less than £200.

Therefore, we, the undersigned inhabitants of Red River
Settlement, do humbly pray your Honourable Council to grant,
from the Public Funds, to the Red River Steam Mill Co. the
sum of One Hundred Pounds Sterling, or such a sum as you
may deem proper, to assist them in furnishing another Boiler,
and keep the Mill in operation.

And your Petitioners, as in duty bound, shall ever pray.

It was then moved by the Rt. Rev. the Bishop of Rupert's
Land and seconded by Mr. Thomas Sinclair,

That a sum of One Hundred Pounds Sterg. be granted by
this Council, and payable only when One Hundred Pounds
shall have been subscribed by the Settlement, for the purchase
•of a Boiler for the Engine of the Red River Steam Mill Co.

Voted for the Motion

1 The Lord Bishop of Rupert's Land.

2 Mr. John Inkster.

3 Doctor Bunn.

4 Mr. Harriott.

5 Mr. Sinclair.

6 Mr. Rt. McBeath.
Voted against the Motion

1 The Lord Bishop of St. Boniface.
2. Mr. Salomon Amlin.

3 Mr. Pascal Breland.

4 Mr. Maximilian Genton
28159—29

450 CANADIAN ARCHIVES

5 Mr. Henry Fisher.

Motion deferred, not being unanimous.

Minutes of a Meeting of the Governor and Council of
Assiniboia, held on the Twenty Seventh day of February, One
Thousand Eight Hundred and Sixty.

Present.

William Mactavish, Esquire, Governor of Assiniboia,
President.

The Et. Eevd. the Lord Bishop of Rupert's Land, Coun-
cillor of Assiniboia.

The Et. Eevd. the Lord Bishop of St. Boniface, Councillor
of Assiniboia.

John Bunn, Councillor Assiniboia.

Salomin Amlin, do do

Pascal Breland, do do

John Inkster do do

Henry Fisher, do do

Maximilian Genton, do 'do

Thomas Sinclair, do do

John E. Harriott, do do

Eobert McBeath, do do

After the minutes of the last council had been read,

It was moved by the Lord Bishop of St. Boniface, and
seconded by Henry Fisher, Esquire,

" That the Editors of the < Nor Wester ' (x) be authorized
to assist at the deliberations of the Council of Assiniboia."

Dr. Bunn moved the following amendment :

" That it is not expedient to permit any strangers to be
present at the deliberations of the Council of Assiniboia."

Votes for the Motion

1. Bishop of St. Boniface.

2. Henry Fisher, Esqr.

3. Eobert McBeath, Esqr.

4. Pascal Breland, Esqr.
Total for the Motion 4.
For the Amendment.

1. Doctor Bunn.

2. Bishop of Eupert's Land.

0) The Nor Wester was established the previous year by Messrs. Buck*
ingham and Coldwell. The former was later Private Secretary the Hon.
Alex. McEenzie when Prime Minister.

PIONEEB LEGISLATION 451

3. John Inkster, Esqr.

4. John E. Harriot, Esqr.

5. Thomas Sinclair, Esqr.

6. Maximilian Genton, Esqr.

7. Salomon Amlin, Esqr.
Total for the Amendment 7.
Motion lost.

The Motion of the Lord Bishop of Kupert's Land for the
Grant of One hundred Pounds to the Eed Eiver Steam Mill
Company was brought forward, when the Votes were as fol-
lows : —

For. Against.

1. Lord Bishop of Kupert's Land. 1. J. E. Harriott, Esqr.

2/ Thomas Sinclair, Esqr. 2. Kobt. McBeath, Esqr.

3. John Bunn, Esqr. 3. S. Amlin, Esqr.

4. John Inkster, Esqr. 4. H. Fisher, Esqr.

Total, 4. 5. Lord Bishop of St.

Boniface.

6. Maximi. Genton, Esqr.

7. P. Breland, Esqr.

Total, 7.
Motion lost.

The following Letter was then read:
To

The Honourable,

The Governor & Council of Assiniboia.
Gentlemen, —

I beg leave to lay before you an application for the appoint-
ment as surveyor (or one of the surveyors) of the settlement,
and trust that by close attention to business to give satisfac-
tion to all parties by whom I may be employed.
Also, Gentlemen,

Should you be pleased to appoint me as Surveyor, and
Inspector of Public Work, that I should be able to reduce the
Expenditure of Public Funds on Koads and Bridges by making
out estimates as to quantities required, and sending in plans
for Bridges, so as to enable the Council to know the amount
of labour to be done, and a near estimate of money required
for each piece of work done, before letting out the contracts.
An early reply would much oblige,

Gentlemen,

Your humble & obt. Servant,
28159—291

452 CANADIAN ARCHIVES

It was then moved by John Bunn, Esqr. and seconded by
Eobt. McBeath, Esqr.,

"That Mr. Sabine be placed on the same -level with the
other Surveyors of this Settlement. And that the latter part
of Mr. Sabine's request be laid on the Table, for future dis-
cussion.

Carried unanimously.

Le 4 Fevrier, 1860.

A Fhonorable,

Le Gouverneur et Conseil d'Assiniboia.

La Petition des soussignes montre humblement,

Que sous T arrangement des affaires qu'il y a a present, vos
suppliants se trouvent beaucoup en pein dans cette chose-ci:
-qu'il n'y a personne lans la Prairie du Cheval Blanc qui est
autorise de donner un Warrant. Mr. Bruneau qui est plus
de 20 milles de nous est le seul homme a qui on peut aller pour
cela. De plus, il est President de nos cours en preference
de tout chacun dans cette Paroisse vous suppliants ne nient
point que Mr. Bruneau est bien capable pour ses devoirs, ni
disent ils qu'il ne devrait pas etre President de leur Cours.
Mais ce qu'ils disent est qu'ils ne devraient pas etre obliges
d'aller 20 milles chaque fois qu'ils desirent un Warrant
C'est pourquoi qui nous exprions votre honorables conseil que
Monsieur Pascal Breland soit authorisez elu President de nos
-cours dans la Paroisse de Saint Francois Xavier District de
la prairie du Cheval Blanc nous avons 1'espoires que nous trou-
verier notre demands raisonnable. Et vos suppliants prients
respectueuesment de considerer. le sujet de cette Petition et de
repondre dans une maniere telle qu'elle soit agreable a leur
veux.

Signed by 64 signatures.

Answer to the above Petition, as far as relates to the Presi-
dent of the White Horse Plains. Local Court, is :

That, at the conclusion of the Judicial year of the Presi-
dent, the request of the Petitioners will be attended to, — but
the Governor & Council have not the power of making a Justice
of Peace.

The following letter from Andrew McDermot, Esqr., was
read:

PIONEEB LEGISLATION" 45$

BED RIVER, Feby. 15th, 1860.
To The Governor and Council of Assiniboia,

GENTLEMEN,

If the public funds is to be distributed for the purpose
of raising steam for the lower Settlement exclusively, I would
respectfully request your Honourable Council would allow me
an equal portion for the same purpose for the Upper Settle-
ment as I am bringing a Steam Mill this Spring from Fort
Abercrombey, and I cannot see why one part of the Settlement
should 'be preferred to the other. I have to pay this week £76
for duty, and I should be sorry to see it turned over for the
above purpose without getting a share of it merely for the same
use.

I am, Gentlemen,

Your obedt. Servant,

(Signed) ANDW. MCDERMOT.

Ordered to lie on the Table.

The following Petition was presented by Pascal Breland,
Esqr., from the inhabitants of the Assiniboine River :

To the Governor & Council of Assiniboia,

The Inhabitants of Assiniboine River

Sheweth,

That, for some time past, it has been the practice of the
Board of Works, when any part of the surveyed Road, in this
part of the Settlement, got bad, and unfit to pass over, that,
in place of mending it, as it was their duty to do, in this part
of the Settlement as well as in other parts of it, they have very
unceremoniously, and without any regard to the rights of
personal property, shifted the roads through the purchased Lots
of the Settlers, thereby destroying their lands, and depriving
them of what is justly their own.

Several cases of this might be shown, but we will confine
ourselves to the last acts of aggression on their part, namely,
the shifting of the Bridge on Sturgeon Creek, as this is a cir-
cumstance which concerns all of us. This Bridge has been put
far back from the surveyed road, and thereby will cause the
Road to take a direct route through the Lands of every person
that is nigh to the place.

4:54: CANADIAN ARCHIVES

We, the undersigned, therefore, by mutual consent, and
inspired by the same common feeling, have come to the follow-
ing considerations:

First. We consider that it is unjust. No man has a right
to come in our Barn- Yard, and take a part of our crop, and we
would consider it an act of injustice to do so, but this act is
parallel to it. The lands are just as much our own as our
Stacks of Wheat are, and whether a man takes our land or our
Wheat we consider it as equally an infringement on the right
of man, and a violation of Justice. There is a surveyed Road
here already, why not keep it ? Why not repair it, if it is out
of repair, as is done in other parts of the Settlement ? . This
we would not complain of, but we certainly do complain that
another part of our Lands are to be taken from us, and cut up,
and destroyed by a Public Eoad, and we think our complaint
is just. We do not want to shift the Surveyed Road, and the
old Road would be of no use to us; we want the Surveyed
Road to be The Road still, and we want to keep our own
ground still.

We therefore unanimously protest against it, as it is against
all British Laws and British equity. Again, apart from the
injustice of it, we would show the inconvenience of it. By
the Bridge thus thrown so far back, and consequently the Road
with it, will cause us much more time and trouble, because it
will take more time to get out to the Road; one going in the
Surveyed Road might be a long way down the Settlement
before another could get out to the Road that is now proposed ;
we fully believe it to be about 2 miles out from the original
Surveyed Road.

Having thus shown you the injustice and inconvenience of
this proceeding to the inhabitants of this place, we candidly
ask you : Will you take the Bridge away from where it now is,
and put it to the Surveyed Road, where it ought to be,
in all justice? Or will you not, but are determined to let it
stand where it is ? We wait an answer which, we hope, will
be sent us as soon as possible after the sitting of the Council.

106 Signatures to the above Petition. In answer to the
foregoing Petition.

The Council decided, That the Petitioners be requested to
send in a Plan and Estimate of the expence, and also a person
to undertake the removal and erecting of the said Bridge, to
the Governor & Council of Assiniboia, who will take into con-
sideration the practicability of adopting it. It was moved by

PIONEER LEGISLATION 455

the Lord Bishop of St. Boniface, and seconded by Henry
Eisher, Esqr.,

That the Public Accounts be published in the 'Nor
Wester7 and explanation given to the correspondent of tlie
Editors who signs ' John Bull/ tending to make him
understand that the Council is deserving of no blame for not
having delivered the Public Accounts to the press sooner,
since as recently as the last session of the Council a news-
paper had not yet been published in the Red River Settle-
ment

Carried unanimously.

It was moved by the Lord Bishop of St. Boniface, and
seconded by Solomon Hamelin, Esquire,

That neither the Council nor the different Courts of Assi-
niboia be held on the following festival days: 1st The Cir-
cumcision, 1st January; 2nd The Epiphany, 6th Jany.; 3rd
The Annunciation, 25th March; 4th The Ascension; 5th
Corpus Christ! (the Thursday after Trinity Sunday) ; 6th St.
Peter and St. Paul, 29th June; 7th All Saints, 1st Nov.; 8th
The Immaculate Conception, 8th Dec., 9th Christmas, 25th
December.

Carried unanimously.

It was moved by the Lord Bishop of St. Boniface, and
seconded by Solomon Hamelin, Esquire,

That, in difficulties arising between persons who take land
outside of the part of the Colony already surveyed, or even that
exceeding the limits of the Colony, the Magistrates be author-
ized to take for the principle that 12 chains shall be the limit
of preemption right arising from occupation.
Carried unanimously.

It was moved by John Bunn, Esquire, and seconded by
His Lordship the Bishop of Rupert's Land,

That the sum of Thirty Pound® Sterlg. be placed at the
disposal of the Governor of Assiniboia, to meet the contingent
expences arising from the presence of the Sioux Indians.

It was moved by Pascal Breland, Esquire, and seconded
by John Bunn, Esquire,

That the Premium on Wolf heads shall be ; for Large Wolf
heads, Eive Shillings and Two Shillings & Sixpence for the
small ones ....

Carried unanimously.

456 CANADIAN ARCHIVES

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the Twenty Seventh day of March, One
Thousand Eight hundred and sixty.

PRESENT

William Mactavish, Esquire, Governor of Assiniboia
President Rt. Revd. The Lord Bishop of Rupert's Land,
Councillor of Assiniboia.

Rt Revd. The Lord Bishop of St. Boniface Councillor of
Assiniboia.

John Bunn, Councillor Assiniboia.

Henry Fisher,

Frangois Bruneau,

Salomon Amlin,

Pascal Breland, " "

John Inkster, " "

Robert McBeath,

Maximilian Genton,

Thomas Sinclair, " "

John Ed. Harriott, "

After the minutes of the last Council had been read, the
following Petition was presented by the Governor of Assini-
boia, and read by the Clerk of the Council.

To the Governor and Council of Assiniboia;

The Petition of the inhabitants of St. James' Parish, Assi-
niboine River, Humbly Sheweth,

That it has been the practice of the Hudson's Bay Com-
pany, when selling lands to Settlers, to grant them two miles
more than what they actually purchased, as a privilege for
hay ground; but, owing to the winding of the River, this
could not be granted to all the Settlers, as the Privilege
ground of some Settlers runs across the top of the Purchased
ground of others, so those who are thus situated must go
outside of all these Privilege grounds to look for their hay.

Your Petitioners therefore consider that, as all are pay-
ing alike for their ground that it is but right that all should
enjoy the same privileges, and also that if the Hudson's Bay
Company cannot sell these privilege grounds, that they are
equally unable to give it to any person ;

Your Petitioners therefore pray that, in order to give to
each settler equal privilege to the hay ground, that you will

PIONEER LEGISLATION 457

be pleased to take it under consideration, and repeal this com-
mon law and grant that one and all may have the liberty of
looking for their hay where they choose, as long as they do not
encroach upon the grounds that are actually purchased.

And your Petitioners, as in duty bound, shall ever pray.

Signed by 63 signatures.

The answer to the above Petition was,

That it is not expedient to comply with the prayer of this
Petition until we shall have ascertained the state of public
opinion upon this question.
Unanimously carried.

Doctor Bunn presented the estimates of expences for Roads
and Bridges in the Middle District, for the current year 1860
761.

A bridge at Pierre Parenteau's 20 feet long.

A faggot road opposite Stinking River 200 yds. long.

A bridge on this side of Fran's Commis' 30 feet long.

A bridge at Izastes' Creek 30 feet long.

A bridge at Point Coupe 20 feet long.

Estimated Expence £80. 0. 0.

A faggot road at Js. Hallett's 150 yds. long, with a bridge
at the centre.

Repairs of Mirey Creek Bridge.

Repairs at Colony Creek Bridge and faggotting 140 yds.

Estimated Expence at £40. 0. 0.

Scotch Road, from German Creek downwards.

Faggotting and Bridges estimated at £30.

Road from German Creek upwards to old Farm, estimated
at £30. 0. 0.

Repairing Bridge at Louis Thebeault's Estimated at
£5. 0. 0.

Repairing Bridges between Fort Garry and St. John's
Church, Estimated at £10. 0. 0.

South Bank of Assiniboia Road, faggotting and Bridging,
Estimated at £30. 0. 0.

Scow for Main River, near Riviere Salle, Estimated at
£10. 0. 0.

In all, say, £235 ; allowing £5 for contingencies, say, £240
to be placed at the disposal of the Middle District Court.

Mr. Breland also requested that the sum of £150 be placed
at the disposal of the White Horse Plains District Court, for
the current year's estimates for Bridges, Roads, &c.

458 CANADIAN ARCHIVES

Mr. T. Sinclair also requested the sum of £200 to be placed
-at the disposal of the Lower District Court, to meet the
expences of repairs of Eoads & Bridges, &c.

The whole of these estimates were unanimously granted.
It was proposed by John Bunn, Esquire,

That the Governor of Assiniboia be empowered to negotiate
with Mr. Dease for the more efficient collection of the Eevenue,
grounded upon principles contemplated by the Governor and
Council.

Carried unanimously.

It was moved by Mr. Sinclair, and seconded by Mr. Har-
riott, That the Governor of Assiniboia be authorized to
employ a Surveyor to examine the site for building the
Bridge at Scratching Kiver.
Carried unanimously.

Minutes of a Meeting of the Governor and Council of
Assiniboia, held on the 10th of May, One Thousand Eight
Hundred and Sixty.

Present.

William Mactavish, Esquire, Governor of Assiniboia,

President.

The Kt. Eevd. The Lord Bishop of Rupert's Land,

Councillor of Assiniboia.

John Bunn, Councillor of Assiniboia.

John E. Harriott, Councillor of Assiniboia,

Robert McBeath, " "

Thomas Sinclair, " "

John Inkster, " «

Henry Fisher, "
Francois Bruneau,

Salomon Amlin, " "

Pascal Breland, " "

After the minutes of the last Council had been read, the
-two following ' 'Tenders " were read by the Clerk of the
Council :

"1st Tender"

To the Governor & Council of Assiniboia.
Gentlemen,

In reference to the bridge over the Sturgeon Creek, for
which plans and estimates have been asked, I beg to say that

PIONEER LEGISLATION 459

I am prepared to build and finish a good, substantial bridge
there for the sum of £194. 10 shillings, said bridge to be
about one quarter of a mile above Grant's Old Mill-dam, its
length to be 74 yds. or 222 feet, and breadth 20 feet, which
will make 17/6i per foot. You may rely upon it that I shall
do the work as it should be done, and the bridge that Mr.
Garrett made on the Sturgeon Creek will not do for any part
of the new bridge, the bridge being only 12 feet broad.

I remain, Gentlemen,

Your obedient servant,

(Signed) JOHN ATKINSON.
" 2nd Tender "

To the Governor & Council of Assiniboia.
Gentlemen,

In reference to the bridge over the Sturgeon Creek, for
which plans & estimates have been asked, I beg to make the
following offer: — build and finish a good, substantial bridge
there for the sum of £186 Stg. said 'bridge to be 400 yards
above " Grant's Mill-dam " ; its length to be 80 yds. or 240
feet, & breadth 18 or 20 feet

Presuming the bridge to be 240 feet long, the charge is
at the rate of 15/6 per foot; but should the bridge be longer
or shorter by only a few yards, the charge would still be the
same per foot, -I have already ascertained that I can have all
the necessary wood & necessary workmen, so that if the work
were entrusted to me, I would commence to it almost imme-
diately, & guarantee its being completed by the latter end of
August.

As an evidence that the work would be done in a good &
substantial manner, I would refer your honourable Council to
the other bridges which I have constructed in different parts
of the Settlement.

I remain, Gentlemen,

Your obedient servant,

(Signed GEOEGB FLETT.

It was then resolved that a Bridge be built at Sturgeon
Creek, on condition that the contractor shall find security for
the whole value of the Bridge, for its efficiency and stability,
for the term of three years.
Carried unanimously.

460 CANADIAN AKCHIVES

Resolved — that authority be given to the Court of the
Middle District to negotiate with Mr. George Flett, on the
conditions specified in the above resolution.
Carried unanimously.

Resolved, — That a grant of money be placed at the disposal
of the Court of the Middle District, to carry into effect the
above resolution.

Carried unanimously.

Resolved — that authority be given to the Governor of
Assiniboia to engage Mr. William Dease as Collector of Duties
for all imports from and through the United States.
Carried unanimously.

Minutes of a Meeting of the Governor & Council of Assi-
niboia, held on the Fourth day of September, One Thousand
eight hundred and sixty.

At which were present

William Mactavish, Esquire, Governor of Assiniboia,
President.

Rt. Revd. The Lord Bishop of St. Boniface, Councillor of
Assiniboia.

John Bunn, Councillor of Assiniboia.

Frangois Bruneau,

John Inkster,

Maximilian Genton,

Robert Macbeath,

Thomas Sinclair,

The Governor of Assiniboia stated that he had, in com-
pliance to a Resolution passed at the last meeting of the
Council, engaged Mr. William Dease as collector of Duties for
all imports from, and through, the United States of America,
at Point Coupe, but was sorry to say that this appointment
had failed in producing the effects expected in the collecting
of the Revenue, under the present system.

John Bunn, Esquire, then made a Motion v

That a sum of not less than Four hundred Pounds Ster-
ling be placed at the disposal of the Governor of Assiniboia,
for the purpose of erecting a Custom House, and Bonding
Store. And that One hundred Pounds Sterling be granted
Per Annum to pay a resident Collector.

A Motion was made by the Lord Bishop of St. Boniface;

That a Duty of Three Shillings per Gallon be charged
upon all imported Wines and Spirituous Liquors.

PIONEER LEGISLATION 461

A motion was made by the Lord Bishop of St. Boniface;
That- the Licence Law shall, hereafter,- be extended to Beer
and Wine.

The Governor of Assiniboia informed the Council that Mr.
F. Bruneau had resigned his office as President of the White
Horse Plain District Local Court, and also as member of the
Middle District Local Court.

Mr. Maxmn. Genton also gave in his resignation as a
member of the Middle District Local Court.

It was then moved by John Bunn, Esq., and seconded by
Eobert McBeath, Esq.,

That power be given to .the Governor of Assiniboia to fill
up any vacancies in the Court of Middle District.
Carried unanimously.

At the request of the Governor & Council, Mr. F. Bruneau
retracted his resignation of President of the Local Court at
White Horse Plains District, and will continue to act in the
said District, as formerly.

It was moved by the Lord Bishop of St. Boniface, and
seconded by Robt. McBeath, Esq.,

That the salary of Mr. F. Bruneau, as member of Middle
District Local Court, shall be Ten Pounds Sterling per annum.
Carried unanimously.

It was moved by Mr. Thomas Sinclair, and seconded by
John Bunn, Esq.,

That a further grant of Sixty Pounds be placed at the
disposal of the Lower District Lower Court, for the purpose
of finishing work actually requiring to be done this season.

Carried unanimously.

Mr. W. R. Smith presented a statement of the accounts for
the past year, shewing a credit Balance of £981. 19. 3.

Minutes of a Meeting of the Governor &. Council of Assi-
niboia, held on the Fifth day of March, One Thousand Eight
Hundred and Sixty One, at which were present the following
Counsellors, Viz. : —

William Mactavish, Esq., Governor of Assiniboia,
President.

Rt. Revd. The Lord Bishop of Rupert's Land, Councillor
of Assiniboia.

The Rt. Revd. The Lord Bishop of St. Boniface, Coun-
cillor of Assiniboia.

u «

a ((

a a

462 CANADIAN ARCHIVES

John Bunn, Councillor of Assiniboia.

John E. Harriott, «

Robert McBeath,

Francois Bruneau "

Maximilian Genton^

Thos. Sinclair,

lEenry Fisher,

Salomon Amlin, " "

Pascal Breland, " "

John Inkster, " "

John Dease, " "

After the minutes of the last Council had been read by
the Clerk, John Bunn, Esq. moved that Mr. John Dease be
sworn in as a Member of the Council of Assiniboia.

Mr. Dease was accordingly sworn in the usual manner,
and took his seat.

The Governor of Assiniboia stated that he had, in accord-
ance to a Motion of the last meeting of Council, selected and
appointed Mr. Salomon Amlin as of one of the Magistrates
of Middle District.

Doctor Bunn presented the following Petition: To the
Governor & Council of Selkirk Settlement, The undersigned,
your petitioners, would respectfully represent to your Hon.
body that,

First That we are living on the East side of the Red
River, and directly opposite to Fort Garry, and in our midst
is a house occupied by one Jean Mager; which is used as a
place for the retail of Liquors of an intoxicating quality, also
gambling for money, and liquor.

Second That by reason of said intoxicating liquors being
sold, and gambling being allowed, certain disorderly persons
are in the habit of frequenting this house, for the purpose of
drinking and gambling, and from being allowed to partake
freely of very "villainous" whiskey, the nature and ingre-
dients whereof are at present unknown to your petitioners,
frequent brawls and fights are the occurrence almost daily.

Third said house being situated on one of the principal
thoroughfares, and most public quarter of this Settlement, and
as these little difficulties, or fights, are generally settled in the
open streets, scenes of a revolting character are thus presented
to our view.

Fourth said house being (in the opinion of your peti-
tioners) a place of resort for drunkards, loafers and gamblers,

PIONEER LEGISLATION 463*

the toleration of such an institution in one of the most public
streets of this our growing Settlement is calculated to set a bad
example to our children, who are most of them obliged daily
to pass this place, to and from their school, and also will be
effective in inculcating bad habits in our young men, and,
finally bring contempt & disgrace on ourselves as a Community.
WHEREFORE, your petitioners respectfully request that
the person now engaged in selling liquors in said house may
be interdicted, under a severe penalty, from doing so, and as
in duty bound, will ever pray, &c.

44 signatures

The Governor & Council, in reply to the above Petition
state

" That the Council refer the Petitioners to the Courts of
" the Settlement, who have, in the common law of England,
" and in the Local Law, a sufficient remedy for the evil com-
" plained of."

The following Petition was then read:

To the Governor & Council of Assiniboia. We, your hum-
ble petitioners, here pray, that your honourable Council will
take into consideration the state of the Settlement with regard
to the Licence Laws, not that we mean to dictate, but, with
your honours' permission, would show what we wish.

First. That all liquors be sold by licence, and that
the Licence be reduced to the lowest rate possible.

Second. That Beer be free of Duty or Licence.

Third. That Licences 'be "issued any time during the Year.

Fourth. That no person obtain a licence but those of sober,
and upright character, people respecting themselves and thus
claiming respect from others.

Fifth. That protection be afforded the Licence holders.

Sixth. That none obtain a Licence but proprietors of Land.

Seventh. That all liquors distilled in this Settlement may
be free of duty.

Eighth. That Distillers may not grow their own grain and
thus deprive others of market, but buy their grain from others,
•thus giving market to each other.

Ninth. That every effort be made to stop importation of
liquor from the United States, and, if it cannot be stopped,
that it may be taxed to the highest.

These requests we would humbly bring before your Hon-
ourable Council, hoping they may be well weighed, and, as far"

464: CANADIAN AECHIVES

as tending towards the good of the Settlement, to meet with
your approval. And we, your humble Petitioners, will ever
pray.

Laid on the table for. the present.

The following Petition was then read.

To the Honourable, The Governor & Council of Red River
Settlement ;

We, the undersigned inhabitants of Red River Settlement,
respectfully call the attention of your honourable Council to
the great inconvenience of the present system of Postal deliv-
ery in the Settlement, which has long been a source of great
annoyance, embarassments, and inconvenience to your peti-
tioners, in common with the other people of the Settlement,
and .particularly those residing in the Lower District of the
Settlement, and this has been increased since the establishment
of the Canada Mail, and Fortnightly Mail, through the United
States, Letters, &c., often remaining at the Upper Post Office
for weeks, as some of your Hon'ble Council can testify. In
order to remedy this, as far as practicable, your Petitioners
humbly pray your Hon'ble Council to establish Branch Post
Offices, throughout the Settlement, for the Receipt and deliv-
ery of Mail Matters, and that persons may be appointed to
deliver the same, according to the directions, and collect the
Postage it may be necessary to charge, according to the Plan
followed in England and in Canada. And, as in duty bound,
your petitioners will ever pray.

57 Signatures.

Laid on the table.
To the Honourable, the Council of Assiniboia, in session

assembled :

The petition of the hereinafter named inhabitants and
Petitioners of the White Horse Plains District, respectfully
prayeth ;

That your Honourable Council will, as soon as may be
practicable, order to be surveyed or measured the limits of our
Jurisdiction, that the Bound of Fifty Miles may be distinctly
meted and marked out, that hereafter, a difficulty may not
again arise, such as has, at this present, prompted, this prayer,
viz:

That any process of Law, issued from the Hon. Court, and
reaching in the neighbourhood of the supposed terminus of
fthe Jurisdiction, is subjected to great embarrassment and
difficulty from the impossibility of exactly defining the limit,
giving rise to vexatious and expensive delay; in fact, disarms

PIONEER LEGISLATION 465

such process greatly of its virtue and power. 'Tis to remedy
this, to do away with all doubts as to our upper limit, that we
pray such survey and admeasurement may be made.

And your petitioners will ever pray, &c.

56 signatures.

Doctor Bunn moved, and Mr. Harriott seconded,

That the distance from Fort Garry to limit of the District
of Assiniboia, on the North Bank of the Assiniboin River,
be measured, and the limit of the municipal District be pro-
perly there marked. And that the Governor be authorized to
employ a Surveyor for this purpose. And also on the West
Bank of the Main River, upwards.

Carried unanimously.
A Petition

To the Governor & Council of Assiniboia.
Your Petitioners humbly show,

WHEREAS, a scheme is about to be undertaken, by Mr.
John Inkster, for the erection of Grist Mill by Water Power,
near about the site of the present Seven Oaks Bridge, for the
furtherance of which we, the undersigned, do hereby inform
your honourable Council in Assembly,

1st. That the most commodious site for a Water Power
being exactly on that now occupied by the present Seven Oaks
Bridge, and before the said Grist Mill can be erected, the re-
moval of the present bridge will be necessary ;

2nd. That, according to statement of the said John Inkster,
the removal of the said bridge will not be over fifty or sixty
yards lower down, and therefore the public cannot suffer any
inconvenience thereby;

3rd. That we, the undersigned, are all agreeable to the above
scheme, and regard it as a benefit to the Settlement.

WHEREFORE, we the undersigned, do humbly pray your
Hon'ble Council to grant the said Mr. John Inkster the privi-
lege of removing the said Seven Oaks Bridge, provided the said
Mr. J. Inkster agrees to construct another bridge before the re-
moval of the present, and your petitioners, as in duty bound,
will ever pray.

Signed by 11 persons in the immediate neighbourhood.

It was then moved by Dr. Bunn, and seconded by Robert
McBeath, Esq.,

That Mr. Inkster be permitted to change the site of the
Seven Oaks Bridge, and line of the Roa.d at that part called

28159—30

466 CANADIAN ARCHIVES

Seven Oaks, the Bridge being removed and road changed with-
out charge to the Public Fund.

To lie over till next Council.

Two Petitions, carrying 153 signatures, were then read,
both alike. One is here given. The one from the Lower part
of the Settlement carries 52 signatures, and the other 101 sign-
atures.

To the Honourable The Governor and Council of Assini-
boia, assembled.

The petition of the undersigned inhabitants of Red River
Colony, humbly sheweth :

That your Petitioners have viewed, with much gratification,
the efforts heretofore made, both by the Council and the Courts,
to regulate the traffic in intoxicating liquors, and so to check the
evils of intemperance. That notwithstanding these efforts, the
traffic in such liquors is still extensive, and is most injuriously
affecting the best interests of the Colony ; That therefore, in the
opinion of your Petitioners, further measures to check this evil
are urgently required, and they most respectfully yet earnestly
pray your Honourable Council to take the matter into your most
serious consideration, and to enact such a measure or measures
as to your wisdom may seem best fitted to answer the end in
view.

And while your Petitioners would not presume to dictate te
your Honourable Council, they would nevertheless, with all re-
spect, beg to submit, for your consideration, the following sug-
gestions, premising that, while some of them would desiderate
stronger measures, they thankfully receive any measure sub-
stantially embodying these suggestions in the meantime:

1st. That the present Law in respect to Licences be rigidly
enforced, and its provisions extended to Wine and Beer, as well
as spirits.

2nd. That a Duty of at least 5/ (shillings) per Gallon be
imposed on all liquors, whether wines or spirits, imported from
whatever quarter.

3rd. That all spirits manufactured in the Colony be sub-
jected to a duty of 3/ (Three Shillings) per gallon.

4th. That all impure or adulterated liquors, or the ingre-
dients of which such may be made, be totally prohibited.

5th. That officers be appointed for the express purpose of
carrying these enactments into execution, exacting the duties
prosecuting offenders, &c., with full power to call upon the con-

PIONEER LEGISLATION

467

stables to aid them in their duties, when necessary ; And that
their salaries and other expences be paid out of the proceeds of
the duties and licences ; keeping in view that the object of im-
posing these is not the raising of a revenue, but the supression
of an evil, and that, therefore, it is enough if the law bear its
own expenses. Trusting that your Honourable Council will
pardon them for presuming to make these suggestions, and that
you will give the whole matter your best consideration, and that
you may be guided to the measure best fitted to benefit the Com-
munity, Your Petitioners, as in duty bound, will ever pray.

P.S.. It is further suggested that all persons desiring
Licences shall make application for the same One Month prev-
ious to the time appointed for granting them ; That their names
be forthwith published in the " Nor Wester," and that if two
thirds of the householders within one mile of the house of any
applicant shall petition the Magistrates to withhold the
Licence, it shall be withheld accordingly.

The Right Eevd. The Bishop of St. Boniface moved the
following Motion:

"That an impost duty of Five Shillings per Gallon be
" imposed upon all fermented and spirituous liquor imported
" into this Settlement from the United Kingdom or from any
" Foreign Country."

Doctor Bunn moved the following amendment on his Lord-
ship's motion:

That a duty of Five Shillings per Gallon be imposed upon
all fermented and spirituous liquors imported into this Settle-
ment, except such as shall be proved to have been directly
imported from the United Kingdom by the consignee.

For the Bishop's Motion

1. Pascal Breland, Esq.,

2. Solomon Amlin, Do

2
1.

Bishop of St. Boniface

3. Total.

For the Doctor's Amendment.

1. Max'an. Genton.

2. Frans. Bruneau.

3. Robt. McBeath.

4. John E. Harriott.

5. John Dease.

6. Thos. Sinclair.

7. John Inkster.

8. Lord Bishop of Rupert's

Land.
8 against
1 John Bunn.

Total 9, Majority 6.

28159—

468 CANADIAN ARCHIVES

being unanimous to lie over until next Council. •

His Lordship the Bishop of St. Boniface moved the follow-
ing Resolution, seconded by Dr. Bunn,

That, from and after the first Monday of next June, no
person shall be allowed to retail Wine or Beer, or any intoxi-
cating liquor whatsoever, unless he shall have obtained a
Licence; which Licence shall be obtained and restricted in the
same manner as all licences previously granted for the retail
of spirituous liquors. Any quantity less than eight gallons
of Beer shall be held as retail, and also any quantity less than
one gallon of Wine shall be held as retail. The penalties of
this resolution are to be the same as those which regulate the
sale of spirits.

Carried unanimously.

It was moved by the Bishop of St. Boniface,

That no distiller of whiskey shall at any time be granted
a licence for the retail thereof.

Carried unanimously.

The Bishop of St. Boniface moved the following:

That no person be allowed to distil or manufacture any
spirituous liquor without having obtained a Licence, for which
a sum of Ten Pounds Sterling shall be paid ; which Licence
shall continue in force one year; such Licences to be granted
by the several District Courts. And any person distilling or
manufacturing spirits without Licence, shall be, on conviction,
fined the sum of Ten Pounds Sterling, recoverable before a
District Court, to be enforced and disposed of in the same
manner as all penalties under the Liquor Laws.

Withdrawn.

To the Honourable Governor & Council assembled;
In the matter of Our Highways, etc.

It will, I hope, not be deemed presumption on my part
that I shall respectfully call your attention to a few remarks,
which, intended to benefit the general weal, would, at the same
time, relieve the Board of Works from a difficult & vexatious
responsibility, a responsibility & labour from which they in
no way receive any compensation.

Firstly. The timber furnished either for new work or
repairs is, unfortunately, most often furnished in lengths too
short or too long ; in either event, as a matter of course, cutting
to waste and involving unnecessary labour.

2nd. The remnant wood is lying in such a way as to expose
it to continual depredations from travellers and others, who

PIONEER LEGISLATION

consume as fuel what would be found valuable in the repairs
so constantly required.

3rd. The aforesaid Repairs are too much neglected, and,
from not being taken in time, increase soon to a large outlay,,
from what would, at first, have been required.

4th. The necessity of having always removed from the
vicinity of the Bridges all such old drift chips, rubbish and
tuft grass, which so seriously endanger their safety at the
time of the fall fires.

5th. Some, of course, not all, of the persons appointed to
receive work are utterly incompetent from want of the requi-
site knowledge either to judge of its value, or whether or not
to receive it at all.

Lastly. I would respectfully suggest that two competent
& able men be appointed, and bearing pay as well as responsi-
bility, one for each side of the River, who should not only have
the framing the contracts, the supervision of construction, but
also that the Roads be kept in complete and entire repair.

(Signed) GEOKGKE FLETT.

Minutes of a Meeting of the .Governor and Council of Assi-
niboia held on Thursday the fourteenth day of March, one thou-
sand eight hundred and sixty-one, at which were present the
following, viz i1 —

William Mactavish, Esquire, Governor of Assiniboia, Pre-
sident.

The Rt. Reverend the Lord Bishop of Rupert's Land Coun-
cillor of Assiniboia.

The Rt. Revd. the Lord Bishop of Saint Boniface, Coun-
cillor of Assiniboia.

John Bunn, Councillor of Assiniboia.

Frangois Bruneau,

Robert McBeath,

Pascal Breland, . " "

Thomas Sinclair, " "

Salomon Amlin, " "

John Inkster, " "

John E. Harriott, '. "

Maximilian Genton,

Henry Fisher, " "

John Dease, " "

1 At this point begins the Minute Book preserved in the Provincial
Library of Manitoba, Winnipeg.

470 CANADIAN AECHIVES

After tlie Clerk had read the minutes of the last Meeting of
Council,

Doctor Bunn presented the following letter he had received
from R. Goulet.
A Mr. BUNN.
MONSIEUR, —

Je soussigne, certifie d' avoir arpente sur la cote sud de la
Riviere Assiniboine directement opposee a la pointe de Pelle-
tier, pour second chemin public sur le lot: 252 appartenant a
Magloire Plante, 569 verges de long sur une chaine de large.

Le dit Magloire Plante veut bien donner sur son terrain le
dit chemin deja fraye aux frais .publics, moyennant qu'on lui
donne douze sous la verge en allant sur la longueur sinon il
cloturera tons passages pour un second Chemin.

(Signed) R. GOULET.

Riviere Rouge, 29 Novembre, 1860.

In reply to the above letter the Governor & Council of Assi-
niboia state :

That, the sum of Ten Pounds Sterling be offered to Magloire
Plante, as a compensation, or to be referred to Arbitration.

In answer to the petitions presented at the last Meeting of
the Governor and Council —

It was resolved, — That the Governor and Council do not
deem it expedient to facilitate and encourage the increased
retail sale of intoxicating liquors, and thereby add to the grow-
ing immorality and pauperism of this heretofore well conducted
population, by removing any existing restrictions.

The Governor and Council do not perceive that the time has
yet arrived for the levying of any excise duty upon Distillation
which is an infant manufacture consuming Farm Produce,/'
but would encourage the investment of Capital in that direction
so as to manufacture an exportable commodity and which would
satisfy home consumption, Invite by its fitness, exportation to
Rupert's Land, Obviate the necessity of Foreign supply, and
thereby promote and reward Agricultural industry.

The Governor and Council cannot pronounce Agriculture
illegal by imposing penalties on any class or person who may
pursue it.

The Governor and Council defer the consideration of Postal
arrangements until they are provided with the necessary in-
formation.

PIONEEB LEGISLATION

471

It was resolved and unanimously carried —
That in all prosecutions for the Recovery of Penalties for
any breach of the Laws for regulating the Sale of Intoxicating
liquors, no action shall lie unless information shall have been
given within six months after the commission of the offence.

The Motion of the Bishop of Saint Boniface with the amend-
ment of Doctor Bunn was again brought before the Council.

For the Bishop's Motion.

1. Mr. Fisher.

2. Mr. McBeath.

3. Mr. Breland.

4. Mr. Amlin.

5. Bishop of St. Boniface.

For the Amendment.

1. Mr. Genton.

2. Mr. Bruneau.

3. Mr. Harriott.

4. Mr. Dease.

5. Mr. Sinclair.

6. Mr. Inkster.

Y. Bishop of Rupert's Land.
8. Doctor Bunn.

Amendment Carried.

The Lord Bishop of Saint Boniface moved that the words
"From and after the first of next May" be substituted for
"From and after the first Monday of next June" on his Motion
for the sale of Beer and Wine and intoxicating liquors.

Carried unanimously.

It was moved by Lord Bishop of St. Boniface

And Seconded by Mr. Bruneau

That there shall be appointed a special Police Officer whose
duty shall more especially be to enforce the Laws for Prohibit-
ing the illegal sale of Intoxicating liquors — who shall enquire
into all complaints against disorderly houses — who shall use
all diligence in obtaining proof of, and in prosecuting all
offences against good order, and all breaches of the Laws gene-
rally, but more especially the laws which regulate the sale of
Intoxicating liquors, who shall have a salary of £30 per Annum,
Tyut who shall be liable to dismissal without notice for any
neglect or omission of duty —

For the Motion Against the Motion

Mr. Dease Doctor Bunn

Mr. Sinclair Bishop of Ruperts Land

Mr! Inkster Against 2

Mr. Breland
Mr. Amlin
Mr. Harriott

472 CANADIAN ARCHIVES

Mr. McBeath

Mr. Bruneau

Mr. Genton

Mr. Fisher

Lord Bishop of St. Boniface

For 11

Laid over until next Council

That for the future to meet the convenience of a large por-
tion of the population it is resolved That the Spring
Quarterly Court shall be held on the Third Tuesday of May
instead of the Third Thursday of June.

Doctor Bunn presented to the Governor and Council, —
" The proceedings of the Middle District Board of Works,
do not require any lengthened report beyond a summary of the
work done and the expenditure of the Grant voted by the Gov-
ernor and Council —

On the East Bank of the Main Kiver there was made at
various points 1,278 yards of faggot road and 12 bridges of
various sizes and a drain of 264 yds — on the West side of the
same River there has been one bridge built and the faggot road
repaired.

On the North bank of the Assiniboine there have been 478
yards of faggot road made, some bridges repaired, and one
built on the Sturgeon Creek on the terms and conditions pre-
sented by the Governor and Council, the cost has been about
£350 — including sundry miscellaneous items.

Other works will be required for next season, but not hav-
ing yet received the estimates from the various parts of the
District the amount cannot yet be determined.

The Lord Bishop of St. Boniface stated to the Governor
and Council that he would withdraw his Motion on the Distil-
lation Licenses.

Withdrawn accordingly.

To secure the more efficient and equitable Collection of the
Revenue .

It is Resolved, First, That all goods imported into the
District of Assiniboia, from any part of the British Domin-
ions, or from any Foreign Country, shall be subject to a levy
of Four Per Cent ad valorem duty, to be estimated at the
price current of the Original Place of Export, London, or
New York &c., excepting such articles as shall be otherwise
specified.

PIONEER LEGISLATION 473

The following shall be admitted free from Customs Duty,
viz:

I. All Iron and Steel, cast or malleable, wrought and un-

wrought.

II. All Books and Publications whether imported for use
or as Merchandise.

III. All Scientific Instruments, and Mechanical Tools.

IV. All Agricultural machines, and Implements.

V. All Baggage, All Apparel, and Utensils that have been

or are in present use of the owners.

VI. All Seeds, Roots or Plants, tending to the improve-
ment of Agriculture.
VII. All Stationery and School Slates.
VIII. All unopened packages of goods originally destined for

parts not within the District of Assiniboia.
IX. All Cases, Boxes, Barrels, Bottles or Cloth covering

which contain goods or fluid of any description.
X. Monumental Tablets or Tombstones.
XI. All Grindstones.
XII. All Skins Peltries Parchment untanned leather, and

all produce of the Chase generally.

XIII. All goods gratuitously given, and originally designed
for the benefit of the Indian Missions of Rupert's
Land.

Second, There shall be four Collectors of Customs resid-
ing severally at each extreme and middle of the Settlement
and White Horse Plains, whose residences shall be Houses of
Clearance. A Collector of Customs shall have power to ad-
minister Oaths — to search for and to seize Contraband Goods
— and to prosecute defaulters, he shall have power to call
Constables and all loyal subjects of Her Britannic Majesty to
his aid, and all persons not Constables so called upon shall be
paid by the Collector at the Public expense as special Con-
stables Extraordinary — say ten shillings per diem —

A Collector of Customs shall have power to exact and re-
ceive payments of Customs duty, and to give receipts in dis-
charge of the same, he shall twice in every month pay into the
hands of the Governor, who is ex officio Receiver General, all
Revenues received by him, together with a list of the persons
paying, and the value of goods, upon which the duty had
been paid. That each Collector shall once every week transmit
to the nearest Clearance House a list of all clearances made
by him.

474 CANADIAN ARCHIVES

Each Collector shall have an annual salary of Forty Pounds
Sterling, besides being entitled to one-fifth part of the proceeds
of all seizures he shall make or cause to be made.

Third, Every person bringing goods liable to Duty into
the District of Assiniboia whether owner Agent or Conductor,
shall be provided with an Invoice or Manifest, which shall com-
bine with the name of the Consignee — an accurate account of the
quantity and prime cost value of all goods contained in any
^Carriage Vehicle or Vessel, or any Conveyance whatsoever
whether by land or water — This Invoice or Manifest shall be
attested by the signature of the Owner or his representative,
and on arrival within the Settlement it shall be produced to the
Collector, who may verify its accuracy by an oath administered
to the party, or by examination of the Goods opening packages
if necessary — on being therewith satisfied he shall exact pay-
ment of jthe Duty or at his discretion accept a Bond payable
for the amount within a period of not more than three months,
which Bond may be sued for, and recovered the same as any
other Contract Debt.

The collector on receiving satisfaction for the Duty as above
defined shall write on the back of the Manifest the words "Ex-
amined" and "Passed" attaching his signature and the date
thereof, and this shall be held as a sufficient Clearance.

Be it observed that in any case where the want of an Invoice
or Manifest is, or has been unavoidable, the Collector may
accept of the sworn declaration of the party as to the value of
his Goods — or otherwise satisfy himself of their value.

Fourth, Every Owner or Importer or Consignee of
Goods shall within Twenty four hours of the arrival of such
Goods exhibit his Manifest (if not already cleared) to the
Collector of Customs, and any Owner Importer or Consignee
of Goods failing to do so, shall, in addition to the duty forfeit
a sum of not more than Fifty Pounds Sterling or less at the dis-
cretion of the Court which penalty may be sued for, and re-
covered in the same manner as a Contract Debt, and any pack-
age or goods in bulk not entered into any Manifest shall be seized
as Contraband and forfeited to the Queen, or the Governor in
Council acting .in her name, and in the event of any person
refusing to show his Invoice or Manifest or refusing to pay
the Duty or to give a Bond for the payment of the same, the
Collector shall be authorised to seize all his Goods as Contra-
band.

PIONEER LEGISLATION 475

Any person making a false declaration tinder an Oath
administered by a Collector may be Indicted for wilful Per-
jury.

Persons claiming exemption from Duty because of their
-Goods being destined for parts beyond the Circle of Assiniboia
shall give a Bond not to dispose of any such Goods nor open
them or allow them to pass from their possession within the
District under a penalty of half the amount of their Invoice
which Bond shall be recoverable in the same manner as a Con-
tract Debt.

Persons leaving the Settlement with Goods under a Bond
shall call upon the last Collector of Customs on their route for
the purpose of having the said Bond cancelled —

Fifth, All Goods liable for duty shall be held as Contra-
band if under the following circumstances they are unpro-
tected by a Clearance.

1st. If they have been within the premises of the Propri-
etor or Consignee for more than forty-eight hours.

2nd. If they have been opened, or in any way disposed of
or otherwise have passed from the original Importer or Con-
signee<

3rd. If not being liable for Duty because of their original
destination being beyond the bound of this district they shall
have been opened or disposed of or any way have passed from
the possession of the Original Importer or Consignee within
the bounds of the District.

All such Goods unless otherwise provided for shall be for-
feited to the Queen by the Governor and Council acting in her
name — All Goods so seized shall be deposited in the Court
House and afterwards at authorized times be sold by public
Auction for the benefit of the Province saving expenses and
the rights of the Collector.

The above laws for regulating the Collection of Customs
shall be in force from and after the first day of April next
ensuing

W. MACTAVISH.

Minutes of a meeting of the Governor and Council of
Assiniboia, held on Tuesday the Ninth Day of April, One
thousand eight hundred and sixty one — at which were present
the following Councillors Viz —

William Mactavish Esqre, Governor of Assiniboia, Presi-
dent

476 CANADIAN ARCHIVES

1. The Kt. Revd. The Lord Bishop of St. Boniface Coun-
cillor of Assiniboia.

.2. John Bunn Councillor of Assiniboia.

3. Henry Fisher Do Do

4. Francois Bruneau, Do Do

5. Eobert McBeath Do Do

6. Thomas Sinclair Do Do

7. John Inkster Do Do
•8. Pascal Breland Do Do

9. Salomon Omlin Do Do

After the Clerk had read the Minutes of the last Meeting
of Council

The Bishop of St. Boniface's Motion for the appointment
of a special Police Officer came before the Council.

For the Motion 8 Votes, against the Motion 1 Vote

Motion carried.

It was then Eesolved That Nicholas Mousard be appointed
Special Police Officer.

It was moved by John Bunn Esquire and seconded by
Thos. Sinclair, Esquire

That the District Magistrates shall be authorized at their
discretion to appoint a competent Overseer to superintend any
Public Work which for the time being be of sufficient import-
ance to. require it.

Carried unanimously.

The following address for the Public was moved and
carried.

The Governor and Council in imposing differential Duties
on the importation of Wine and Spirits contemplate solely the
mitigation of an evil — The Wines and Spirits as now obtained
from the United States are complained of as profuse in quan-
tity, and deleterious in quality — The importation from the
British Dominions has not as yet incurred similar objections,
such importation cannot be a monopoly so long as the Bonded
Vaults of New York are open to capital and enterprise.

To abolish the consumption of Spirits is unattainable the
minor benefit is to moderate its quantity and to protect against
the evils of adulteration, this can only be attempted by impos-
ing a heavy Duty upon impure admixtures — and admitting
approved manufactures at the old accustomed rate — The public
must know that the tax falls upon the buyer and not on the
vender — it may add to the expenses of housekeeping, and the
sick chamber, but will not enhance the profit of the importer.

PIONEER LEGISLATION 477

The native manufacture is not inferior to the importation
from the United States, and is therefore so far worthy of pro-
tection.

When the native manufacture shall be meet to supply by
its quantity and quality the wants of the Country it will be
imperative on the Government to protect by heavy Duties local
production against all foreign competition, until then legisla-
tion can only tend to protect public health, and if possible
public morality by making it most profitable to import of Wine
and Spirits only what is genuine, and exclude what is adul-
terated (it may be feared that even the differential Duties
may fall short). The source of supply is the only test of
purity at present attainable since there is not in the Colony
Analytical Chemistry sufficient to supply any other.

Next in benefit to the abolition of the abuse of Spirits is
the home production of what is consumed — since expenditure
cannot be prohibited let it reward the industry of the home,
and not the foreign farmer.

It was resolved that Mr. William Dease be Collector of
Customs Duty at Pointe Coupee, Mr. Roger Goulet be Collector
at Upper Fort Garry, Mr. William R. Smith at Lower Fort
Garry, and Mr. Patrick Breland at White Horse Plains.

It was moved by John Bunn Esqre. and seconded by F.
Bruneau Esqre.

That the sum of £323. 15. 0. be granted to the Board of
Works of the Middle District.

Carried.

It was moved by Mr. Pascal Breland and seconded by Dr.
Bunn

That the sum of £200 . 0 . 0 be granted to the Board of
Works of White House Plain District,

Carried.

Mr. Thos. Sinclair moved and Mr. John Inkster seconded

That the sum of £250.0.0 be granted for the Board of
Works of the Lower District.

Carried.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of
Assiniboia held on 'Saturday the Eighth Day of June One
Thousand Eight Hundred and Sixty One — at which were pre-
sent the undermentioned Councillors, viz: —

William Mactavish Esqre. Governor of Assiniboia Pre-
sident

478 CANADIAN ARCHIVES

1 The Lord Bishop of Rupert's Land Councillor of Assiniboia'

2 The Lord Bishop of Saint Boniface do do

3 John E Harriott do do

4 Francois Bruneau do do

5 Eobert McBeath do do

6 Maximilian Genton do do

7 Solomon Amlin do do

8 Henry Fisher do do

9 John Inkster do do

10 Thomas Sinclair do do

11 John Dease do do

The Bishop of Ruperts Land proposed the following Reso-
lution which was unanimously Carried

Resolved — That before proceeding to the business of the
day, the Council join unanimously in recording their deep-
sorrow at the sudden and unlocked for death of their late
friend and colleague Dr. Bunn. They feel how great a loss the
Council and Community have sustained in his removal by the
hand of God from his many, and active duties. They would
acknowledge the valuable services which he has rendered for
a long period as a member of Council and also as Chairman of
the Board of Works, nor would they forget the efficient man-
ner in which he has for a more limited time discharged the
duties of Sheriff and those of Recorder and Coroner. They
are painfully conscious how difficult it will be to supply his-
place in the various offices which he filled with so much credit
to himself, and so much advantage to the whole Settlement.
They trust that to his family and friends the universal expres-
sion of regret, the very marked respect shown by every class
and condition on the day of interment, may prove some con1-
solation (however inadequate) under their heavy bereavement.

That a copy of this Resolution, with the heartfelt sym-
pathy of every member of Council, be transmitted by the
Clerk of the Council to the Members of Doctor Bunn's family.

The Governor informed the Meeting that he had convened
the Council for the purpose of appointing persons to fill up
the vacancies caused by the death of the Late Dr Bunn — he
also informed the Council that two persons had made applica-
tion for the Office of Governor of the Gaol and Sheriff — the
Candidates were Mr. J. Ross and Mr. H. McKenny.

It was moved by the Bishop of Rupert's Land and second-
ed by Mr. Rt. McBeath

PIONEER LEGISLATION 4:7 9A

That Mr J. Ross be appointed Governor of the Gaol and
Sheriff of Assiniboia

10 for and 1 against

Motion carried

It was moved by the Bishop of St Boniface and seconded
by Mr J. E. Harriott

That Mr Francois Bruneau be appointed President of the
Middle District Petty Court with a salary of £16. pr Ann.

The Bishop of Ruperts Land moved an amendment that the
salary of the President should be £12. 0. 0.

Mr McBeath also moved that the salary should be £6. 0. 0.
For Bishop St Boniface's Bishop of Ruperts Land amd't
Motion. 1 Vote

1 Mr Fisher Mr McBeath's Amend't.

2 " Genton 1 Vote

3 " Dease

4 " Sinclair

5 " Inkster

6 " Harriott

7 " Amlin

8 Bishop of St Boniface
Bishop's motion carried

It was moved by the Bishop of Rupert's Land and seconded
by the Bishop of St Boniface

That the salary of the President of the Lower Court be
£8. Pr ann.

9 Votes for and 1 against

Motion carried.

The Bishop of Rupert's Land moved and Mr McBeath
seconded

That the Governor of Assiniboia be empowered to appoint
a Coroner for the District of Assiniboia

Carried unanimously.

Mr. Bruneau moved and Mr. Harriott seconded,

That Mr. McKenny be appointed one of the Petty Magis-
trates of Middle District Local Court.

Carried unanimously.

Minutes of a meeting of the Governor & Council of Assini-
boia held on the Fifth Day of November, 1861, at which were
present the undermentioned Councillors, viz. : —

William Mactavish, Esquire, Governor of Assiniboia,
President.

The Rt. Revd. The Lord Bishop of Rupert's Land, Coun-
cillor.

480 CANADIAN ARCHIVES

John Ed. Harriot, Councillor.

Eobert Macbeath, "

Frangois Bruneau,

Maximilian Genton,

Thos. Sinclair, "

John Inkster,

Pascal Breland, "

Salomon Ami in, "

The Minutes of the last Council having been read over by
the Clerk,

The -Governor informed the Council that agreeable to a
Motion of the last Council he had appointed Doctor C. J. Bird
Coroner for the District of Assiniboia — and that Mr. Jos.
Gilbeau and Mr. Henry MacKenny had resigned their office
of Petty Magistrates of the Local Courts.

It was then moved by J. E. Harriott, Esqre., and seconded
seconded by Mr. Macbeath,

That Pascal Brelancl be appointed Petty Magistrate for the
Local Court of White Horse Plains District.

Carried unanimously.

It was moved by The Lord Bishop of Rupert's Land, and
Seconded by Mr. Macbeath,

That A. G. Bannatyne, Esqre., be appointed Petty Magis-
trate of the Middle District.

Carried unanimously.

Mr. Amlin moved and Mr. Bruneau seconded,

That a Constable be appointed to the Middle Part of the
Main River in the Middle District.

8 for the Motion and 1 against.

Not being unanimous the Motion referred to the next Meet-
ing of Council.

A Petition was presented to the Council from James Mulli-
gan and read by Mr. Bruneau.

The prayer of which petition was that the Council would
compensate him for a Public Road running over his Lot, in
the same proportion as they had paid to Magloire Plante. The
Council declined entering into the merits of the request until
they receive further information concerning the justice of the
claim and requested the Board of Works to examine into the
nature of the Claim.

Adjourned.

W. MAOTAVISH.

PIONEER LEGISLATION 481

Minutes of a meeting of the Governor & Council of Assinir

boia held on the Ninth Day of January, 1862, at which wer3

present the undermentioned Councillors, viz.: —

William Mactavich, Esquire, Governor of Assiniboia,

President.

Rt. Kevd. The Lord Bishop of Hupert's Land, Councillor

of Assiniboia.

Francois Bruneau, Esq., Councillor of Assiniboia.

John Inkster, Esq.,

Salomon Amlin, Esq., " "

Thomas Sinclair, Esq., " "

Robert MacBeath, Esq., "

Maxmilian Genton, Esq., " "

After the Minutes of the last Council had been read Mr.

Amlin's motion for the " appointment of a Constable on the

Main River in the Middle District."

The Motion was unanimously carried, and Benjamin

Neault was appointed Constable for the said locality.
The following Letter was then read :

ASSINIBOINE, Nov. 20th, 1861.
To the Honble. Council, —

The application of Charles Land showeth that for the last
5 years he has been in the habit of selling Beer without ever
being brought to the Notice of the Bench for any irregularity
occurring in his house, but in consequence of the alteration of
the Beer Laws, he the said Charles Land wishes the Hon.
Council to grant him a License for the sale of Beer, Wine and
Spirits from this date.

I remain, your humble servant,

(Signed) CHARLES LAMB.
Answer : " Granted."

Mr. Bruneau on the part of the Board of Works asked for
a Grant of £180 in addition to the sum already voted by the
Council for the Roads & Bridges in the Middle District.
The sum unanimously granted.
Adjourned.'

W. MACTAVISH.

Minutes of a meeting of the Governor & Council of Assini-
boin held on the Thirteenth Day of March, 1862, at which were
present the undermentioned Councillors, viz. : —

28159—31

48:2 CANADIAN AECHIVES

William Mactavish, Esqre., Governor of Assiniboia, Presi-
dent.

The Rt. Revd. Bishop of Rupert's Land, Councillor of
Assiniboia.

Robert McBeath, Esquire, Councillor of Assiniboia.

Henry Fisher, " "

Erangois Bruneau, "

Salomon Amlin,

Pascal Breland "

John Inkster,

Thomas Sinclair,

After the Minutes of the last Meeting of Council had been
read the following petition was presented:
To the Governor of Assiniboia.
Governor, —

We the undersigned inhabitants of the Colony would res-
pectfully make known the following facts : Several months have
now elapsed since the Criminal Court of this Colony condemned
Paulet Chartrand to detention in the Common Gaol for ten
months. While we cannot but admit the justice of the sen-
tence which is far beneath the gravity of the offence, we can-
not be unmindful of considerations which in our estimation
are very weighty, and which impel us to intercede in -behalf
of the unhappy prisoner :

In the first place it is the unanimous desire of the inhabi-
tnats of this Colony that Paiilet Chartrand be forthwith liber-
ated—-
Secondly— The said Paulet Chartrand being at the head of
a large family wholly dependent upon his daily earnings for
support it is to be apprehended that -they may be reduced to
extreme misery and want and that the prisoner himself may
lose the use of his senses.

Thirdly — in a case much more aggravating than this one,
One of your predecessors, as you may remember, used his
prerogative of clemency for motives much less urgent than
those which prompt this appeal —

We would finally set forward, as additional reasons calling
for the release of the prisoner, that is, his previous good char-
acter, and the readiness with which he gave himself up at the
demand of the officers of Justice — Hoping that you will find
the above mentioned reasons sufficiently strong to warrant the
release of the unfortunate prisoner.

We remain respectfully &c &e &c

Signed by 44 signatures.

PIONEER LEGISLATION 48.3

A second petition on the same subject was read which was
as follows

To the Governor and Council of the District of Assiniboia.

The undersigned your petitioners would respectfully repre-
sent to your Honble. body —

That one Paulet Chartrand at present a prisoner in the
common gaol was at the General Court held in the month of
October tried and found guilty of the crime of manslaughter,
and as punishment was condemned to " Ten months' imprison-
ment " in the common gaol.

That already three months of the term have expired, and
he has we learn showed symptoms of an aberration of mind
brought on no doubt by continual reflection and remorse for
his crime —

That the prisoner has a wife and a large family of children
dependent on him for their daily food, and clothing, and are
now, to the knowledge of some of your petitioners, reduced to
circumstances painfully destitute, caused by the absence of
their natural protector and provider —

That in the opinion of your petitioners the prisoner was
provoked to commit a crime in the heat of fury and passion
which he would have given worlds a moment after to recall,
and in the opinion of your petitioners sufficient example has
been shown sufficient punishment has been given and the ends
of law and justice complied with as well to all intents an/1
purposes as if he had been imprisoned the whole term of ten
months.

Therefore the undersigned your petitioners would respect-
fully request your Honorable body to pass an act of pardon to
the said Paulet Chartrand, and as in duty bound your peti-
tioners will ever pray &c &c

Signed by 308 signatures

Four lists from the Rev. C. M. Heche, Cure de Saint
Norbert containing 113 signatures for the same purpose as
the above petition making in all 4665 signatures. *

It was moved by the Lord Bishop of Rupert's Land and
seconded by Mr. John Inkster

That the prisoner Paulet Chartrand shall be liberated
from the prison at the expiration of six months counting from
tho day of his committal to prison.

Carried unanimously

28159—31^

484: CANADIAN ARCHIVES

To the Honorable

The Governor & Council of Assiniboia.

The Petition of the Undersigned

Humbly sheweth

That last summer a number of Indians did unlawfully &
riotously enter his house, & forcibly appropriate property
amounting to about Twelve Pounds Sterling in value.

That for said unlawful conduct on their part, and to satisfy
public justice, two of the ringleaders were brought before a
Court of Justice, found guilty, and punished by imprisonment.

That from the evidence adduced to prove their riotous
conduct, it was clearly made out that they had under threats
and menace obtained from me the property abovementioned,
and that only under protest & through fear of my life did I
submit to their peremptory and unwarrantable demands.

That if any doubts exist upon the minds of the Honble
Councillors in regard either to the fact of my property being
thus illegally wrenched from me, or in regard to the estimated
value of the property alleged to have been taken — in either
case the undersigned, if required, will bring forward evidence
to prove his allegations.

Wherefore, the Petitioner humbly begs the Hon. Council
of Assiniboia who may be regarded as the guardians and repre-
sentatives of the aborigines, to make an appropriation of the
public money sufficient to indemnify him for his losses, since
the Indians implicated have nothing in the world and there-
fore cannot in any degree replace what they forcibly took
away, or give an equivalent.

The undersigned is a very poor man who has to struggle
hard for his daily subsistence and feels it a very great hardship
to be deprived of his property without any compensation.

And as in duty bound &c &c

(Signed) AUGUST SCHUBERT.
P

The answer to the above petition

"Not Granted"

A Petition was laid before the Council from Ryer Olsen
& Har Kuska Weyah Denig or Olsen praying the Council to
appoint Guardians over the Minor Children of the late Edwin
Thomson Denig —

PIONEER LEGISLATION 485

The Council refused to act not having sufficient informa-
tion to act upon —

It was moved by B-obt. MacBeath and seconded by John
Inkster

That the Constables shall, for the future, be paid half
yearly —

Carried unanimously

It was moved by the Bishop of Rupert's Land and second-
ed by John Inkster

That William Mactavish Esqre Francois Bruneau Esqre
and Thomas Sinclair Esquire be appointed a Committee to
collect and arrange the Local Laws of the District of Assini-
boia.

Carried unanimously

W. MACTAVISH.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held on the 8th and llth Days of April, 1862, at which
were present on both occasions the following Councillors, viz. :

William Mactavish Esq. Governor of Assiniboia President

The Rt. Revd, The Lord Bishop of Rupert's Land, Coun-
cillor of Assiniboia.

John Ed. Harriott Councillor of Assiniboia.

Francois Bruneau do do

John Inkster do do

Pascal Breland do dp

Thomas Sinclair do do

Salomon Amlin do do

Eobert McBeath do do

Maximilian Genton do do

After reading the previous Minutes of Council, the
Council at the suggestion of the President proceeded to examine
and discuss the new arrangement and collection of the local
laws which the Committee appointed at the last Council now
presented for their approval, and which were as follows —

GENERAL PROVISIONS.

1. All local enactments when not expressly extended farther
shall apply only to the part of the District of Assiniboia which
forms Red River Settlement and its environs.

2. Fines, and forfeitures when not otherwise appropriated
shall go to the public fund.

486 CANADIAN ABCHIVES

3". Every resolution shall be interpreted without regard to
the distinctions of gender or number.

4. If any person in any way encourage any violation of
any local enactment, he shall be held to be as guilty as the
principal offender.

5. Unless special regulation provide to the contrary every
wrong has its remedy under the general law of the Country.

RESOLVED 1st. All local regulations, that were on record
on the 13th March, 1862, are repealed.
<

Fires.

2nd. If any hay stack in the open plains shall be injured
by a running fire, the owner shall not recover damages, unless
such haystack has been protected at a distance of at least twenty
yards by a ploughed or burned ring of at least eight feet
wide.

3rd; If between the 31st May and 1st December any person
shall kindle a fire intended to run, he shall be fined Ten
Pounds) one half to go to the prosecutor, and if any person
without having previously obtained the presence and assistance
of at least four men shall light a fire for the purpose of burn-
ing the rings round hay stacks as required by the preceding
law, he shall be held to have incurred the penalty attached to
this law. Provided that the Bench may remit the whole fine,
if the defendant has both kindled the fire through necessity,
and done all in his power to prevent it from spreading.

4rth. If any fire in the open air, which is not intended to
run, shall be left burning without due precautions or be negli-
gently allowed to spread, every person who may have kindled
or. fed, or used the same shall be fined from Five Shillings to
Jafty Shillings.

: :;..-'.-';.•- .

Animals.

5th. If one or more animals be founds in an enclosure where
damage has been done,, the said damage shall be paid for by
the Owner or Owners of such animal or animals found within
the enclosure. as the Owner of the enclosure can prove to be
generally known in his neighbourhood as fence breakers, and
that the amount of the -damage shall be equally divided among
each- ..of- the animals, known as fence breakers irrespective of
the other animals found at the same time within the enclosure,

PIO.NEEIi LEGISLATION 487

but not known as fence breakers, and that each animal known
as a fence breaker, and found within the enclosure shall be kept
in pledge till its owner pays its share of the damage. Provided
that the owner, of the enclosure can prove that the fence of
said enclosure was of sufficient height, strength an-d closeness
and that the gates of the enclosure were closed.

6th. If any stallion sixteen months or approaching two
years old, or upwards, be found at large the Owner shall be
fined Twenty Shillings, half the fine to go to the Captor of the
Stallion, and the animal himself may be kept in pledge till
security for payment of the fine be given, and during the time
the animal is so kept the Owner shall pay for his keep at the
late of 6d pr day.

7th. If any ram be found at large between the 30th June
and 1st November such ram may be detained by any person
till the Owner pay Two Shillings & Sixpence for the use of the
Captor of the Ram, and during the time the Ram may be so
detained the Owner shall pay for the keep of the said Ram at
the rate of three pence pr day.

8th, If between 31st March and 1st November any pig or
pigs be found in any enclosed field, without a Yoke of one foot
and a half wide and one foot and a half in height the owner of
such Pig or Pigs shall not only be answerable for all damages
committed by said Pig or Pigs but shall also pay a fine -of Three
Shillings for the seizure of the same. — Furthermore, if after
the Owner of the Pig or Pigs has been warned by the Pro-
prietor of the enclosure to take his Pig or Pigs away, and he
neglecting to do so, in that case the Proprietor of the closure,
may, after the lapse of six hours shoet the said Pig or Pigs,
and the Owner s^all not recover any damages for this act —
and any person taking any Pig or Pigs according to this
law shall be allowed 6d pr diem each for their maintenance the
same to be paid by the Owner of the Pig so taken.

Horse Talcing.

9th. If any person takes another's horse to ride or drive
without consent he shall be fined One Pound half of the fine
shall go to the informer and shall forfeit to the Owner of the
horse all such equipments of any description as he may have
used in such riding "or driving, and if a horse so taken be
injured or lost the person who so took the horse shall indemnify
the Owner to the full extent of the damage or loss.

488 CANADIAN ABOHIVES

Hay.

10th. If any Settler cut hay behind the two mile line
before the 1st August he shall forfeit the same or the value
thereof.

llth. Any exclusive privilege of cutting hay between the
two mile line and the four mile line shall be forfeited for the
season as soon as the party entitled shall cut hay beyond the
four mile line, and at all events all such exclusive privileges
shall be thrown open to all after 15th August or two weeks
after commencement of hay cutting.

12th. If any Settler trespass wilfully in another's hay
ground, he shall forfeit the proceeds whether in kind or in
value, for the benefit and satisfaction of the party injured
without receiving any allowance for his labour, but if he
trespass in ignorance, he shall still forfeit as before, though
uot without compensation for his time.

Roads, Etc.

13th. The Main highway shall be Two Chains wide.

14th. Any other actual thoroughfare may be repaired or
improved as a public path, but not till all the parties interested
in the soil shall have consented to leave unoccupied from time
to time one uniform breadth, so as to provide against the
encroachment of the River or any other similar influences.

15th. Any person, who may dig a hole through the entire
thickness of the ice or through any portion of such thickness,
shall from time to time .mark the same at the point nearest to
the actual track with a pole at least six feet 4iigh, being other-
wise liable to make good all injury which such pole might have
been expected to prevent.

16th. Superintendents of Public Works shall be appointed
in the different sections of the Settlement, and that they shall
be responsible to the Governor and Council for the sums of
money expended on Public Works as well as for the state of the
Roads and Bridges in their respective sections. The Super-
intendents shall publicly apply for tenders for all Public Works
to be executed in their respective Sections, and from among
those who 'tender the Superintendents shall select the fittest
person to execute the Works offered for : —

First Section, White Horse Plains from the Sturgeon Creek
upwards on both sides of the Assiniboine River.

PIONEER LEGISLATION 489

Second Lower Section, From St. Pauls Church downwards
on both sides of the Eed River.

Third Middle Section, From St. Pauls Church upwards on
hoth sides of the Red River to St. John's Cathedral, from
thence to the Forks on the West side of the Red River and
from the Forks upwards on both sides of the Assiniboine River
to Sturgeon Creek.

Fourth Upper Section, From St. Johns Cathedral to the
Forks on the East Side of the Red River and from thence up-
wards on both sides of the Red River.

17th. The following shall be Superintendents of Public
Works :—

First White Horse Plain Station, Patrice Breland, with a
salary of £20 yearly.

Second Lower Section, Thomas Sinclair, with a salary of
£25 yearly.

Third Middle Section, John Fraser, with a salary of £25
yearly.

Fourth Upper Section, Francois Bruneau, with a salary of
£25 yearly.

Intoxicating of Indians.

18th. If any person without any distinction of race supply
or sell to any person popularly known as an Indian, or any
member of an Indian Nation, the means of intoxication he
shall on being convicted before a Petty Court on the oath of
on.? or more witnesses be fined for each offence as follows : —

Two Pounds for furnishing any brewing utensils, the fine
to go to the Inform-vr.

Three Pounds for furnishing Malt, the fine to go to the
Informer.

Five Pounds for furnishing Beer or any fermented liquor,
the fine to go to the Informer.

Ten Pounds for furnishing distilled spirits or am other
immediate cause of intoxication than fermented liquors, hnlf
the fine to go to the Informer.

In every case the offender after conviction to be imprisoned
until the fine is paid.

19th. In addition to these fines the offenders shall make
rebli tution to the Indian of all the equival^m which ho may
have received if any for such furnishing. Every part of such
equivalent not being money itself, being valued for this pur-
pose at prime cost.

490 CA^ADIAIY ARCHIVES

20th. If an intoxicated Indian commit or threaten to com-
mit any unprovoked violence, he may be imprisoned in addition
<o any specified punishment till he prosecute the person who
may have been guilty in the matter.

21st. If any person possess, or have possessed. Malt or Beer
or Spirit or any other of the above specified means of intoxica-
tion in the society or tent of any Indian, he shall be held guilty
of furnishing such means of intoxication to Indians.

Liquor Laws.

22nd. It shall be lawful for the Bench of Magistrates of
the Peace and Petty Court in their several Districts assembled
on the first Monday of the month of June in each year or at
other times when they deem it expedient, to issue Licenses
which will be in force till the first Monday in June then next
following to approved applicants (who shall be landholders in
this Settlement) allowing the sale by retail on thi-.ir own
premises of all Spirits, Wines and Beer lawfully imported, or
of native manufacture (all quantities of Spirits under fi>e
gallons, all quantities of Wine under one gallon, and all quan-
tities of Beer under eight gallons shall be counted retail) and
that a sum of Ten Pounds be paid for a License so issued for
the sale by retail of Spirits, Wines and Beer, but that the sum
of Five Pounds be paid for Licenses so issued for the sale by
retail of Beer alone, and any person selling Spirits, Wine or
Beer by retail without such License, shall on conviction before
a Petty Court on the oath of one or more witnesses, for each
offence pay a fine of Ten Pounds Sterling, and be imprisoned
until the fine be paid, one half of the fine shall go to the
informer — and the form of the Licenses shall be according to
Schedule A or B, any offence against the provisions of said
License shall be punished by forfeiture of the same, and in
addition in case of infraction of the provisions of said License
ns regards Indians the offender shall pay the special penalty
for furnishing the means of intoxication to Indians.

SCHEDULE A.

This is to certify that you

are hereby permitted to sell on

your own premises any Lawful Spirits in any quantity under
Five Gallons, Wine in any quantity under One Gallon, and
Beer in any quantity under eight gallons, to any person or

PIONEEE LEGISLATION 491

persons, subject to the following restrictions : Not between the
hours of nine o'clock at night and six o'clock in the morning;
not in any hour during the Sabbath; not to any intoxicated
Person; never to any Indian or person popularly known as an
Indian, any act contrary to the above restrictions shall make
this your License void and of none effect.

This License shall continue in force till the first Monday
in June now next following.

SCHEDULE B.

This is to certify that you

are hereby permitted to sell on

your own premises, any quantity of Beer under
Eight gallons to any person or persons, subject to
the following restrictions; not between the hours
of nine o'clock at night, and six oclock in the morning: not
in any hour during the Sabbath not to any intoxicated person;
Never to any. Indian or person popularly known as an Indian,
Any Act contrary to the 'above restrictions shall make this
your License void and of none effect.

This License shall continue in force till the first Monday
in June now next following.

23rd Each Petty Court out of the fund arising from
Licenses and penalties, shall defray any necessary expenses
incurred in enforcing the Laws against the illegal sale of
Spirits Wines or Beer or the furnishing of the means of in-
toxication to Indians accounting to the Governor & Council
for all such receipts, and expenditure.

24th No action shall lie for the recovery of Penalties for
any breach of the laws for regulating the sale of intoxicating
liquor unless information shall have been given within six
months after the commission of the offence.

Customs Duties.

2-5 th All Goods imported into the District of Assiniboia
from any part of the British Dominions, or from any foreign
Country shall be subject to a levy of Four pr Cent ad valorem
duty to be estimated at the price current of the original place
of Export, London or New York, &c., excepting such articles
as shall be otherwise, specified — The following shall be ad-
mitted free from Customs Duty, viz:—

1. All Bar Iron and Steel.

492 CANADIAN ABCHIV-ES

2. All Books & Publications, whether imported for use
or merchandise.

3. All Scientific Instruments.

4. All Agricultural Machines and Implements.

5. All Baggage — All Apparel and Utensils that have been
or are in present use of the Owners.

6. All Seeds, Boots or Plants, tending to the improvement
of Agriculture.

7. All Stationery and School Slates.

8. All Goods, the bona fide property of British Subjects
entered at the time of Import as destined for parts not within
the District of Assiniboia.

9. All Cases, Boxes, Barrels, Bottles, or Cloth covering
which contain Goods or Fluids of any description.

10. Monumental Tablets or Tombstones.

11. All Grindstones and Stoves.

12. All Skins, Peltries, Parchment untanned Leather and
all produce of the Chase generally.

13. All goods gratuitously given, and originally designed
for the benefit of the Indian Missions of Ruperts Land, also
all Wines imported for Church Service.

26th. There shall be four Collectors of Customs residing
severally at each extreme and middle of the Settlement and at
White Horse Plain whose residences shall be houses of clear-
ance. A Collector of Customs shall have power to administer
Oaths, to search for and seize contraband goods, and to prose-
cute defaulters, he shall have power to call Constables, and all
loyal subjects of Her Britannic Majesty, to his aid, and all
persons, not Constables, so called upon shall be paid by the
Collector at the Public expense as special Constables extraor-
dinary, say Ten Shillings pr Diem — A Collector of Customs
shall have power to exact and receive payments of Customs
Duty and to give receipts in discharge of the same. He shall
twice in every month pay into the hands of the Governor, who
is ex officio Receiver General, all revenues received by him,
together with a list of the persons paying and the value of the
Goods on which the duty has been paid. That each collector
shall once every week transmit to the next nearest Clearance
House a list of all Clearances made by him. Each Collector
shall in addition to his salary, be entitled to one fifth part of
the Proceeds of all seizures he shall make or cause to be made.

27th. Every person bringing Goods liable to duty into the
District of Assiniboia whether Owner, Agent or Conductor

PIONBEB LEGISLATION 493

shall be provided with an invoice or manifest, which shall
combine with the name of the Consignee an accurate account
of the quantity and prime cost value of all goods contained
in any carriage, vehicle or vessel or any conveyance whatsoever
whether by land or water. This Invoice or Manifest shall be
attested by the signature of the owner or his representative
and on arrival of the goods within the Settlement the said
Invoice or Manifest shall be produced to the Collector at the
first House of Clearance the Goods may come to — otherwise
the Goods shall be liable to detention. The Collector may
verify the accuracy of any Invoice presented to him by an oath
administered to the party or by examination of the Goods,
opening packages if necessary, on being therewith satisfied he
shall exact payment of duty, or at his discretion accept a Bond
payable for the amount within a period of not more than three
months which Bond may be sued for and recovered the same
as any other contract debt.

The Collector on receiving satisfaction for the Duty as
above defined shall write on the back of the Manifest the Words
" Examined and Passed " attaching his signature and the date
thereof, and this shall be held as sufficient Clearance.

Be it observed that in any case where the want of a Mani-
fest is or has been unavoidable, the Collector may accept of
the Sworn Declaration of the party, as to the value of tho
Goods or otherwise satisfy himself of their value • —

28th. Every Owner or Importer or Consignee of Goods
shall within twenty four hours of the arrival of such Goods
exhibit his Manifest (if not already cleared) to the Collector
of Customs, and any Owner Importer or Consignee of Goods
failing to do so, shall in addition to the Duty forfeit a sum
of not more than Fifty Pounds Sterling, or less at the discre-
tion of the Court, which penalty may be sued for and recovered
in the same manner as a Contract debt, and any package or
Goods in bulk not entered into any Manifest shall be seized
as contraband and forfeited to the Queen, or to the Governor
& Council acting in her name, and in the event of any person
refusing to show his Invoice or Manifest or refusing to pay the
Duty or to give a Bond for the payment of the same, the Col-
lector shall be authorized to seize all his Goods as contraband.

Any person making a false declaration under an Oath
administered by a Collector may be indicted for wilful perjury.

Persons claiming exemption from Duty because of their
Goods being destined for parts beyond the circle of Assiniboia
shall as in the case of Goods for home consumption enter them

4:94: CANADIAN ARCHIVES

at one of the Custom Houses as being in transit for their des-
tination and give a Bond that the said Goods will be duly
carried and disposed of beyond the limits of the District of
Assiniboia which Bond will be for an amount equal to half the
prime cost of the Goods so entered and can only be cancelled
by the Certificate of a Collector of Customs that the conditions
of the Bond have been fulfilled, otherwise the amount of the
Bond will be forfeited and shall be recoverable in the same
manner as a contract debt.

29th All Goods liable for duty shall be held as Contraband
if under the following circumstances they are unprotected by
a Clearance.

1 If they have been within the premises of the Proprietor
or Consignee for more than forty eight hours.

2 If they have been opened or any way disposed of or
otherwise have passed from the original Importer or Consignee.

3 If not being liable for duty because of their destination
being beyond the bounds of this District they shall have been
opened or disposed of or in any way have passed from the
possession of the original Importer or Consignee within the
bounds of the District without the knowledge and sanction of
a Collector of Customs — all such Goods unless otherwise pro-
vided for, shall forfeited to the Queen by the Governor and
Council acting in her name.

All Goods so seized shall be deposited in the Court House
and afterwards at authorized times be sold by public auction
for the benefit of the revenue saving expenses, and the rights
of the Collector.

30th. That a Duty of Five Shillings Per Gallon be imposed
upon all fermented and Spiritous Liquors imported from the
United Kingdom by the Consignee.

31st. The following shall be the Collectors of Customs :—

William Dease at Point Coupee with a salary of £20 Per
Annum.

Roger Goulet at Upper Fort Garry with a salary of £35
Per Annum.

Patrice Breland at White Horse Plain with a salary of £20
Per Annum.

W. R. Smith at Lower Fort Garry with a salary of

Police.

32nd. Efficient Householders not exceeding twelve in
number to remain in office for a term of three years from the

PIONEEB LEGISLATION 495

1st Sept. following1 the date of their appointment, shall be
appointed Constables on the last Thursday in each year by the
Magistrates especially assembled for the purpose and every
Constable so appointed must take the following Oath:

" I swear by God, as I shall answer to God at the great day
"of Judgement, that I shall till lawfully discharged from my
"office of constable for the District of A&siniboia be always
"ready at all hazards to serve and execute all legal writs and
"to maintain the peace and security of the said District against
"all enemies and disturbers of such peace or such security and
"that I shall, to the utmost of my ability obey all laws and all
"lawful authorities within and for the said district and induce
"all others to obey the same and that I shall do my best to
"become acquainted with all local regulations."

33rd. For any neglect of Duty any Constable may be sus-
pended by any Magistrate or Petty Court or may be dismissed
by the General Court.

34th. Each Constable shall receive Twelve Pounds a year
to be paid half yearly excepting that if dismissed for neglect of
Duty or pronounced after the close of his half year to have been
deservedly suspended, he .shall receive only Three Shillings
and Sixpence for every day of actual service.

Debtors.

35th. That no iminoveable property shall be sold without
intimation made or posted previously on two successive Sundays
at the door of every Church in the Settlement, and that in case
the sale may have been effected without this intimation the
buyer shall be responsible for the debts of the Seller to the
amount of the true value of the immoveable property.

36th. That any creditor to the extent of not less than 207
on making Oath before a Justice of the Peace to the correctness
of the Debt and to the fact of his belief in his debtors intention
to proceed to a Foreign Country or to a part of this Country
over which the civil jurisdiction of the Courts of the Settlement
does not extend may compel the said Debtor to show grounds
for expecting his return to the Settlement within the same
season as his departure or to give security for his appearance
at the then next, ensuing Competent Court, or failing both of
these conditions apprehend and detain his person in the Settle-
ment till then. And that from the operation of this law every
debtor who has contracted with the Company or others to leave

496 CANADIAN ARCHIVES

the Settlement for a limited period, but who does not
contemplate an unlimited absence from the Settlement
shall be exempt if his agreement has been pub-
lished by the exhibition of his name in the Com-
pany's office or other public place at least four days
prior to the sitting of the last Competent Court preceding the
date of his intended departure and further that in no case shall
a debtor leaving the Settlement in terms of an agreement be
liable to be detained for debts which were contracted with third
parties after the date of the due publication of his agreement
to leave the Settlement for a limited period.

37th. That in the case of a debtor who has left the Settle-
ment for an unlimited period having property in the Settle-
ment such property or as much of the same as may be deemed
equal to the amount of the claim, shall at the discretion of any
two Justices, be liable, on the sworn application of a creditor, to
be attached in the hands of any third party, and that, failing the
Debtors appearance before the said Justices after summons by
proclamation, for three successive Sundays on two of the Protes-
tant and two of the Catholic Church doors the Competent Court
may proceed to execute justice in the matter according to their
discretion, provided, however, that no such attachment shall
be issuable against the property of a person who, although
absent, can be proved to have publicly notified his intention of
departure for ten days previous to the date of the same.

Intestate Estates.

38th. When any person has died without a written Will no
individual shall intermeddle with the property till he has re-
ceived Letters of Administration from the Governor of Assini-
boia.

Marriage Licenses.

39th. On payment of One Pound a Marriage License shall
be issued by the Governor of Assiniboia to any applicant who
may have sworn before him, that neither himself nor his in-
tended consort, is already living in lawful wedlock, saving the
rights whatever they may be, of any ecclesiastical person in the
premises.

40th. In future any legally ordained Presbyterian Minister
labouring in the Settlement, may validly solemnize Marriages
in the District of Assiniboia, and all registers of Marriages,

PIONEER LEGISLATION 497

Baptisms and Burials regularly kept by any legally ordained
Presbyterian Minister, shall be deemed legal and valid records.

Contracts for Service.

41st. That it shall not be lawful for any Freighter or Owner
of any boat voyaging between Eed Eiver Settlement and any
other place to embark any person as a Boatman without first
entering into a contract in writing as nearly as may be in the
form of the Schedule A hereafter written specifying what
wages such person is to receive, in what capacity he is to serve,
the time of entering such service, the period of starting, and
the Port or Place to which each voyage is to be made, and to
be signed by every such boatman respectively and attested by
one witness where both contracting parties can sign their names,
and by two witnesses when one or both contracting parties shall
be unable to sign their names; the said contract to be dis-
tinctly and truly read to such boatmen before signature.

42nd. That if any boatman after having signed such agree-
ment but not otherwise, shall neglect or refuse to join the boat
he has engaged to serve in, or shall refuse to proceed on the
voyage agreed upon or shall absent himself without leave, it
shall be lawful for any Justice of the peace upon complaint
being made on Oath by the Master or Owner of such boat, who
shall produce his contract to armrehend the said boatman, and
in case such boatman cannot give any sufficient reason for such
absence, refusal or neglect the said Justice upon sufficient proof
of such default may commit the boatman to jail for any period
not exceeding thirty days unless such boatman shall agree to
proceed on such voyage to the satisfaction of the complaining
party, provided always that nothing herein shall deprive the
Master or Owner of his legal recourse for the recovery of
wages advanced to such boatman, nor deprive such boatman of
the like recourse for wages due.

43rd. That public and sufficient notice shall be given of the
day of starting not less than fourteen days previously.

SCHEDULE A.

An agreement made pursuant to a law of the Governor
and Council of Assiniboia passed in the 21st Year of the reign
of Her Majesty Queen ^7ictoria between

28159—32

498

CANADIAN ARCHIVES

of Red River Settlement Freighter and the
several persons whose names are subscribed hereto.

It is agreed by and on the part of the said persons and they
severally agree hereby to serve on board such boat or boats
as may be hereafter designated in the several capacities against
their respective names expressed on a voyage from Red River
Settlement to York Factory and back to Red River Settle-
ment—

And the said Crew or Crews further agree to conduct
themselves in an orderly faithful, honest careful and sober
manner and to be at all times diligent in their respective duties
and stations and to be obedient to the lawful commands of the
said Freighter or his representative in every thing relating to
the said boat, and the Material Stores and Cargo thereof
whether on board such boat or on shore — In consideration of
which services to be duly honestly carefully and faithfully
performed the said Freighter doth hereby promise and agree
to pay the said Crew by way of compensation or wages the
amount against their names respectively expressed in witness
whereof the said parties have hereto subscribed their respective
signatures mentioned

Date of

Engagements.

Men's
Signatures.

Capacity.

Season
of Starting.

Wages.

Witnesses.

•

Surveyors.

44th. Messrs. Roger Goulet and Herbert L. Sabine shall be
Surveyors for this Settlement without salary from the Public
Funds but they shall be entitled to be paid Ten Shillings per
diem each by any person who calls for their services.

Postal

45th. James Ross Esquire shall be Post Master in the
middle section of the Settlement with a salary of Ten Pounds
Per Annum, and Thomas Sinclair Esquire shall be Postmaster
in the lower section with a salary of six pounds per annum.

46th. A mail shall be carried between this Settlement and

PIONEER LEGISLA^O'I* 499

Pembina at the public expense in connection with the U. S.
Mail to Pembina and the mail from the Settlement shall be
so regulated as to meet the U. S. mail at Pembina.

47th. The charge for postage by the Red River Mail from
the Settlement to Pembina & from Pembina to the Settlement
shall be as follows: —

Each letter under half an ounce one penny and one penny
for each additional half ounce.

Every Magazine & Review Two Pence

Every paper one halfpenny except such papers going out as
proceed directly from the office of publication and on those
which come in as exchanges on which there shall be no charge

Books half a pound and under 5 Pence

" One Pound 9 "

" One Pound and a half 1 Shilling

" Two Pounds 1/2

And for every additional half pound 2 Pence

All letters carried between the Post Office and the Settle-
ment shall have a charge of One Penny each.

4:8th. Letters that have lain in the Post Office one month
uncalled for shall be advertised, ,and if not applied for within
a Month after advertisement, shall be returned to distributing
office, and all letters so advertised shall bear a charge of three
pence each to be defrayed by the individual receiving such
letter in addition to the regular postage.

Premium on Wolves' Heads.

49th. A premium of five shillings for the head of every
large, and of Two Shillings and Six Pence for the head of
every small Wolf killed within Twenty miles of the Settle-
ment shall be paid from the Public Funds but from this pre-
mium the sum of Six Pence a head shall be retained by the
Official who distributes the premium to claimants for his own
benefit.

Administration of Justice.

50th. Dr. Bird shall be Coroner for the District of Assi-
niboia.

51st. James Ross Esquire shall be Sheriff for the same.

James Ross shall be Governor of the Gaol with a salary of
Thirty Pounds a Year.

28159—321

500 CANADIAN ARCHIVES

52nd. The General Court shall sit for the District of Assi-
niboia with a Jury on the third Thursday of February, on the
third Tuesday of May, on the third Thursday of August and
on the third Thursday of November.

53rd. In place of the laws of England of the date of the
Hudsons Bay Company's Charter, the Laws of England of the
date of Her Majesty's accession so far as they may be appli-
cable to the condition of this Colony shall regulate the pro-
ceedings of the General Court till some higher authority or
this Council shall have expressly provided either or in whole
or in part to the contrary.

54th. Petty Courts shall sit as follows: —

1. White Horse Plain Section from Sturgeon Creek up-
ward on both sides. of the Assiniboine on the second Monday
of January and of March on the first Monday of June, on the
second Monday of July of September and of November at Mr.
P. Breland's House.

2. Lower section from St. John's Cathedral downwards on
both sides of the Red River on the fourth Monday of January
of March of May of July of September and of November at
Mr. T. Sinclair's House.

3. Upper Section comprising all the rest of the Settlement
on the third Monday of every month at the Court House.

55th. The Petty Judges shall be as follows —
1st Section Mr. Francois Bruiieau President with a salary
of £12 a year.

Mr. P. Breland with a salary of £5 a year.
Mr. J. Taylor with a salary of £5 a year.
Mr. P. Falcon with a salary of £5 a year.
2nd Section Mr. T. Sinclair President with a salary of £8
a year.

Mr. D. Gunn with a salary of £5 a year.
Mr. John Inkster with a salary of £5 a year.
Mr. Dond. Murray with a salary of £5 a year.
3rd Section Mr. F. Bruiieau President with a salary of
£16 a year.

Mr. Win. Dease with a salary of £10 a year.
Mr. A. Fidler with a salary of £5 a year.
Mr. S. Amlin with a salary of £5 a year.
Mr. A. G. B. Bannatyne with a salary of £5 a

year.

56th. Two Petty Judges and the President shall form a
quorum the President voting only when the others have not
decided by at least a plurality of votes.

PIONEER LEGISLATION 501

57th. • The Petty Court shall take cognizance of all actions
of debt with the exception of questions of revenue, not exceed-
ing Five Pounds, and also of all petty offences which do not
involve any other than a pecuniary fine of not more than
Forty Shillings Sterling with the exception of cases arising
from breach of the Liquor Laws or the Laws regarding the
furnishing to Indians of the means of Intoxication in which
cases the Petty Courts are specially competent to decide — Pro-
vided however, that where the debt exceeds Two Pounds the
losing party may appeal to the General Court on giving
security for costs.

58th. In any Petty Court, the original summons shall run
only for its own Section of the Settlement, but all other Writs
whatsoever shall run for the District of Assiniboia.

59th. If in any suit originally brought before the General
Court the Bench after verdict rendered against the defendant
shall unanimously decide that such suit ought to have gone
before a Petty Court, the Plaintiff shall in that case recover
Costs only as in such Petty Court.

60th. In every Court, either party to a civil action may be
made the other's Witness.

61st. Every Writ, including service or execution thereof
within the range of the Settlement, shall cost one shilling.

62nd. In a civil case the Jurors shall receive Two Shillings
and Sixpence each while all witnesses whatever shall have Two
Shillings and Sixpence a day each.

63rd. On every case entered for the General Court the
Plaintiff shall deposit Ten Shillings xwhich if the case comes
on for trial shall go towards the payment of the Jury but should
the case not come to trial the said deposit shall be forfeited
if the case has not been withdrawn at least eight full days
previous to the day on which the Court sits — the sums thus
forfeited shall go to form a fund from which each Juryman
summoned for the General Court who does not sit on a Civil
Case shall receive Two Shillings and Sixpence for his atten-
dance.

64th. Any person who may be imprisoned in respect of any
crime or of any penalty, shall daily receive one pound of flour
and half a pound of Pemican, and water at discretion and no
person may be imprisoned or kept in prison at the suit of any
creditor, unless he shall receive every week in advance a daily
allowance of Sixpence from such Creditor.

502 CANADIAN AKCHIVES

'Executive Office.

65kh. Mr. William Kobert Smith with a Salary of One
Hundred Pounds a year, shall discharge all such administrative
functions, as may not be specially assigned to any other
person.

The above Sixty Five Resolutions were read and Carried
during the forementioned days of the sitting of Council.

William Mactavish Esquire the Honorable Hudson's Bay
Company's Agent at Upper Fort Garry stated to the Council
of Assiniboia that he is ready to advance on the Guarantee of
the Governor & Council Eight Hiindred Bushels of wheat for
seed to be paid in kind on or before 15 March, 1863.

The Bishop of Rupert's Land then moved and was seconded
by Mr. T. Sinclair.

That the above liberal offer be accepted with the cordial
thanks of the Governor & Council.
Carried unanimously.

The following Letters were presented to Council and read.

COLONY GARDENS, 4th April, 1862.

To the Honorable Council of Assiniboia

Understanding that one of the prominent objects of the
next Meeting of your honorable body is to reconsider the Cus-
toms question, I beg to submit the following consideration.

The present system of having four Collectors of Customs
has been condemned by public opinion as needlessly cumbrous
and expensive. To remedy it, I would submit the following
plan: —

1st. Let there be but two Collectors, and to do the work
thoroughly two will be needed — as the line along which im-
ports are received is very extended.

2nd. Two Collectors can do the work for half the sum at
present expended.

3rd. The most feasible plan would seem to be to divide the
Settlement into two Districts, allotting to one Collector the
Assiniboine and Red Rivers, above Fort Garry, and to the
other all below the said Fort.

The Collector who would have the lower of these Districts
should also have all the steamboat duties to collect. As to
Carts or flatboats, the Collectors would have to attend to snch
as came within their respective Districts.

PIONEEB LEGISLATION 503

If your Honorable Council would appoint me, I would
undertake the Collection of all Customs Duties in the District
from Upper Fort Garry downwards, for the sum of £40 Per
Annum, or should some other plan appear preferable, I would
be willing to undertake any share of the Duties allotted to me
at a similarly reduced rate.

I remain, Gentlemen, Yr. Mst. Obed. Servant,

(Signed) WILLIAM COLD WELL.

RED RIVER SETTLEMENT,

7th April, 1862.

To the Honorable The Governor & Council of Assiniboia

Gentlemen

The present system of collecting the public revenue gives
great dissatisfaction to the people of this Settlement, the
general feeling is that f ir more is paid than should be, and
that there are needlessly many Collectors, The amount paid
has been steadily rising for many years; and last year the
increase in the expense was enormous. Whereas, in the pre-
vious year only £15 was paid in addition to Mr. Smith's allow-
ance, last year it became £120 an absolute increase in the
expense of £105.

In view of the present unsatisfactory system and the
strong probability that ere long a change would become necessary
I beg respectfully to make the following offer to your Honorable
Body: I will collect all the Duties which at present fall to
Messrs Dease and Goulet for half what is allowed them that
is for £40 Sterling Per Annum ; or I will collect in Mr. Smith's
District for £20 ; or all together for £60 — The last mentioned
proposal, however, I make on condition that it be not absolutely
necessary to collect at Lower Fort. As you are aware the Im-
porters by Hudson's Bay are without exception residents and
property holders, and therefore the duties could be collected
from them as effectually at their own homes as at the said
Lower Fort. This change while more convenient for the
Collector would also be decidedly more convenient for the im-
porters, and would not in the smallest degree injure the Public
Revenue.

504 CANADIAN ARCHIVES

In regard to my fitness for the office, I beg to refer your
Honorable Council to the accompanying Testimonial as Certi-
ficate from Gentlemen thoroughly acquainted with me.

I remain Gentlemen,

Your humble & obedient servant

(Signed) JOHN FRASER.

BED RIVER, April '7th, 1862.

We hereby give it as our opinion that Mr. John Fraser is
capable and willing to undertake the Office of Collector of Cus-
toms and will do so at a great reduction in the present rate.

Signed A. G. B. Bannatyne,

Andrew McDermot,
" Win. Drever,

James Ross,
Wm. Inkster.

W. MACTAVISH.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held on the 4th Day of June, 1862, at which were
present the following members of Council, viz: —

Alexander G. Dallas, Esquire, Gov.(1)in Chief of Rupert's
Land, President.

William Mactavish, Esquire, Gov. of Assiniboia.

The Rt. Revd. The Lord Bishop of Rupert's Land, Coun-
cillor of Assiniboia.

The Rt. Revd. The Bishop of St. Boniface, Councillor of
Assiniboia.

Henry Fisher, Councillor of Assiniboia,

Francois Bruneau, " "

John Inkster,

Robert McBeath, " "

Salomon Amlin, " "

Thomas Sinclair, "

John Black, Esquire, Recorder and "

The Governor in Chief of Rupert's Land rose from his seat
and stated — That he appeared there to take his seat as Gover-
nor in Chief of Rupert's Land, and that it would be his earn-
est endeavour to work with, and assist the Council to the best of
his ability, trusting very much to their support, and co-oper-
1 Governor Dallas had arrived at Fort Garry on May 18, 1862.

PIONEER LEGISLATION 505

ation. Mr. D. also wished to correct an error which had
inadvertently crept into the "!Nor Wester" Newspaper, wherein
it was stated that he was a large shareholder in the Hudson's
Bay Company. It might strengthen his position to let it be
known that he was not a shareholder, and had no direct interest
in the Company. On receiving his appointment of Governor
in Chief of Rupert's Land, he was obliged to dispose of his
stock, and resign his seat as a director of the Company. He
therefore stood before them independent of all interested mo-
tives, and anxious only to promote the best interests of the Coun-
try.

Mr. Dallas then begged to introduce Mr. Black, a gentle-
man well known as a former resident in the Country, and who
had been appointed to preside over the Courts of Justice, and to
perform the duties of Recorder, Coroner, &c. He was glad to
see Mr Black so cordially welcomed by his old friends, and that
his appointment appeared to be an acceptable one to the Com-
munity generally. Since his former residence in this Settle-
ment Mr. Black had filled high and important Government
Offices in Australia, where he had gained much knowledge and
experience in Colonial matters.

Mr. Black was then sworn in as a member of the Council of
Assiniboia, to which Office he had also been appointed.

The following Letter was then read : —

MACDUFF HOUSE,

May 17th, 1862.
WILLIAM MACTAVISII, ESQUIRE.

My Dear Sir, —

I have now managed the Post Office for three years. I have
laboured diligently and faithfully — bestowing more care and
attention than perhaps any other would have done, considering
the trifling salary which is, given. It was not the salary that
induced me to take the P. O., but my wi«h to fill a sphere of
public usefulness. The same motive will induce me to keen it,
if I should get no more than at present, but I hope this willing-
ness on my part will not be made a reason for continuing an
arrangement which is hardly fair to me.

In requesting an increase of salary, I beg to submit the fol-
lowing observations : —

1. P. O. duties require me to remain almost constantly at
home. For two or three days before the mail starts, and two or

506 CANADIAN ABCHIVES

three days after it comes in, / must absolutely be at home, to
receive or give out mail matter. And though I may not all the
time be actually engaged, I must, nevertheless, be in attendance,
to be ready at a call.

2. I have been obliged to erect a Post Office Building, at an
outlay of £30. A Post Office is always built at the public ex-
pense, or a building is rented for the purpose : here it is done at
my own expense, and I will, from the 1st June, formally give
it up to the Postal service free of expense, rent and charge of
any kind. A private dwelling-house is not at all suitable for
the purpose. On the one hand it is inconvenient for the in-
mates, as there is a constant stream of people in and out, mak-
ing such house a perfect thoroughfare ; and on the other hand
it is by no means agreeable to Mail-dealers to feel that they are
intruding upon or disturbing family arrangements.

3. The keeping of accounts is a very considerable labour —
requiring constant care, accuracy, and punctuality, in order to
prevent confusion. Such a multiplicity of accounts, too! I
have not only to keep a strict account of all letters, papers, pam-
phlets, magazines, books, &c., that come and go, but these have
to be classified according to charges, assorted and stamped ; and
then I must accurately note the receipts and expenditure; I
have to keep accounts with the Pembina P. O., with the Mail
Carrier, and with Mr. Sinclair (P. M. at St. Andrew's) ; T
have the responsibility of the monies due the U. S. on account
of postage; and at the year's end, have the year's account to
make out and give in.

4. One constant source of labour is keeping running accounts
with Mail-dealers. There are many poor people who cannot
pay at once, and many others who, though able, on account of
the distance at which they reside, pay only at intervals. There
are over twenty, sometimes as many as thirty, with whom I
thus keep open accounts. I am aware that this 13 not obliga-
tory upon me ; but you know dear Sir how difficult it is to en-
force strictly the rule of immediate payment. This manifold
account keeping imposes much additional labour, but it is a very
great convenience to Mail-dealers. It is, in fact, a necessary
evil. The worse feature of this case is, that too often I lose the
postage altogether. The amount due by each at any one time
may be only a few pence or a few shillings ; but, taking into ac-
r-ount the number of such free and easy dealers, my total loss
annually cannot be trifling. Were my salary larger, however,
T would tl'ink nothing of the trouble or the loss. As it is at pre-

PIONEEB LEGISLATION 507

sent, you can see that this system is the reverse of satisfactory
or remunerative.

5. Previous Post-Masters have complained that the allow-
ance was too small, and one (Mr. Drever) actually threw up his
post because the Council would not increase his salary. Those
who have had to do the work may be taken as good judges of its,
extent and character.

6. £10 was the. salary when the mail was monthly, at pre-
sent it is fortnightly and will in all probability be trimonthly or
weekly before many months.

7. Be it remembered, lastly, that the P. O. is a most im-
portant branch of the public service, here as well as in all other
countries. It materially helps trade and commerce, while ad-
ministering to the convenience, comfort and happiness of the
community.

Now, you may suppose that raising my salary will render it
necessary to raise Mr. Sinclair's too ; and while I would not
grudge Mr Sinclair the smallest advantage, but rejoice in his ob-
taining pecuniary benefits ; still let me point out the very great
difference in our respective labours.

1. I alone have to see that the mail is punctually and reg-
ularly carried between this and Pembina, employing mail car-
riers, paying them and keeping accounts with them. ' Mr. S. has
nothing to do with this.

2. I alone keep the accounts during the year with the Pem-
bina P. O. and answer for all monies due that office.

3. / alone keep the accounts of the P. O. here, and make
up the annual statement for the Public Accounts.

4 I alone have to make up the outgoing mails arranging
and classifying the letters & papers & stamping them.

5 I have at least five times as much mail matter to receive
& distribute as Mr. Sinclair.

6 / alone have to attend to P.O. correspondence, scarcely
a mail passes but communications come addressed " P. M.
Fort Garry " This extra trouble falls entirely to me.

Of course, you will at once perceive that I do not state these
reasons to disparage Mr. Sinclair's labour, but simply to show
that an increase in my salary would not be unreasonable even
though his were left at the present figure.

I submit these statements in writing, in order that you
might have them for reference, if necessary, prior to the next

508 CANADIAN ARCHIVES

Meeting of Council, or at such Meeting; and I venture to be-
speak for the subject a fail ;<nd candid consideration.

I remain Esteemed Sir,

Your humble & obdt. Servant,

(Signed) JAMES Ross.

The above letter

To be laid on the table.

Mr. Thomas Sinclair moved and The Bishop of Rupert's
Land seconded.

That the sum of £175 be granted for Roads and Bridges of
the Lower District.

Carried unanimously.

It was moved by Mr. Inkster and seconded by the Bishop
of St. Boniface

That the sum of £200 be granted for the Roads and Bridges
of the Middle District.

Carried unanimously.

It was moved by Mr. Bruneau and seconded by Mr.
McBeath

That the sum of £160 be granted for the Roads and Bridges
of the Upper District.

Carried unanimously.

It was moved by the Bishop of St. Boniface and seconded
by Mr. Fisher

That the sum of £60 be granted for the Roads and Bridges
of White Horse Plain District.
Carried unanimously.

It was unanimously Granted by the Council of Assiniboia
That Mr. Angus Matheson Senr. be allowed to establish a
Ferry across the Red River at his own Lot at a reasonable
scale of charges.

Mr. Bruneau presented the following letter :

The President and Members of the Honourable Council of
Assiniboia

The undersigned believing that your honourable body are
disposed to encourage the manufacture of such "economic ma-
terials as we possess — thus decreasing the present price of
Manufactured articles and affording a better price and more
demand for the crude material; we therefore submit for your
consideration, a scheme whereby to encourage the manufacture
of the different kinds of soap.

PIONEER LEGISLATION 509

Your Honourable Body will recollect that in the Manufac-
ture of Soap the use of Potash lye is now entirely superseded
by that of Soda Ash which from its weight and the large pro-
portion used (about 38 pr. ct.) makes it an expensive article
and that with the large expense of the necessary apparatus
and the payment of skilful workmen renders us unable under
present circumstances to compete with the Manufactures of
St. Paul and other places

In view of this: We the undersigned therefore pray that
your honourable body cause this Manufacture to be protected
and encouraged by a large import duty — The Law to come
into effect when we or others shall have shown to your Honour-
able body that we or they can furnish the common varieties of
Soap to dealers and consumers at the same or a slightly in-
creased advance on the present cost and charges.

And we will ever pray &c &c

(Signed) MCKENNEY & Co.1

Answer " to lie Over."

It was moved by the Bishop of St. Boniface and seconded
by Mr. Bruneau

That no Wines or Spirits (except for Church Services)
shall be allowed to pass through the District of Assiniboia in
Bond but that all Wines and Spirits entering the said District
shall bear the legal Duty. This law to be in force from the
1st November next.

Carried unanimously.

It was moved by the Bishop of Rupert's Land and second-
ed by the Bishop of St. Boniface

That the Council desire to take this opportunity of tender-
ing a cordial welcome to Governor Dallas on his arrival in the
Country and beg to offer him the assurances of their best ser-
vices in promoting the general welfare of the community.
Carried unanimously.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of
Assiniboia held on Friday the 18th July 1862 at which were
present the following Members of the Council, viz:

William Mactavish, Esquire, Governor of Assiniboia,
President.

1 Henry McKenney, half brother of Dr. John Schultz, came from
Canada to' Red River in 1859.

510 CANADIAN ARCHIVES

The Et. Rev. The Lord Bishop of Rupert's Land, Coun-
cillor of Assiniboia.

The Rt. Rev. The Lord Bishop of St. Boniface, Councillor
of Assiniboia.

John Black, Esquire, Recorder, and Councillor of Assini-
boia.

John E. Harriott, Councillor of Assiniboia.

Henry Fisher,

Francois Bruneau, "

John Inkster,

Robert MacBeath

Maximilian Genton

After the Minutes of the last Meeting of Council had been
read Mr. Smith presented the Annual Statement of the Public
Accounts shewing a Balance in favor of the Public Fund
amounting to £159. 16. 4J.

It was moved by the Bishop of St.* Boniface and was
seconded by John E. Harriott, Esquire

That the Public Accts. having been audited and found cor-
rect do pass.

Carried unanimously.

The following letter was read by the Clerk.

RED RIVER SETTLEMENT,

12th July, 1862,

William Mactavish, Esquire. We, the inhabitants of this
Settlement would respectfully request of you to change the sea-
son of commencing hay making from the First of August to the
22nd of the present month, for the following reasons, the crops
this year will be very early and if people are not allowed to
cut hay before the 1st of August the harvest will be on in a
few days after, again if the hay is left till after the harvest it
will be of an inferior quality, and further we would much
rather have you repeal the law for the present year at least
than tempt people to break through, these are some of our rea-
sons as well as many more of our neighbours whom we have
not called upon to sign this, we are only sorry to trouble you
as the time is so short. Therefore trusting that you will cor-
dially agree with us and give notice as early as possible.

We remain dear Sir,

Your obedient Servants,

Signed by 18 Signatures.

PIONEEB LEGISIuATION 511

It was Resolved and unanimously carried that the hay cut-
ting this year commence on Thursday the 24th July and that
Public Notice be given of this alteration of the Law.

It was moved by Mr. Bruneau and seconded by Mr.
Inkster,

That for the future during the first week of July in each
year a Meeting of the Governor & Council of Assiniboia shall
be held for the purpose of fixing the day for begining to cut
Hay in the Settlement.
Carried unanimously.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of Assi-
niboia held on Thursday the 30th day of October, 1862 at
which were present the following Members of the Council(1>
viz.

Alexander G. Dallas, Esquire, Govr. in Chief of Rupert's
Land, President.

William Mactavish, Esquire Governor of Assiniboia.

The Rt. Revd. The Lord Bishop of Rupert's Land Coun-
cillor of Assiniboia.

The Rt. Revd. Bishop of St. Boniface, Councillor of Assi-
niboia.

John Black, Esquire, Recorder, Councillor of Assiniboia.

Francois Bruneau

Salomon Amlin

John Inkster "

Thomas Sinclair

Robert McBeath

Maximilian Genton

After the Minutes of the last Council had been read The
President said that —

His main reason, in assembling the Council was to con-
sult with & receive their advice, as to what steps they might
consider it necessary to adopt in relation to the apprehended
assemblage of Indians next Summer in the Settlement. He
would take the opportunity of stating publjcly, what Mr.
Mactavish and himself had frequently told them and others in
the course of conversation, & what he believed was generally
well known, viz — that the last body of troops in this Settle-
ment, had been moved, not only against the wishes, but against
the earnest remonstrances of the Hudson's Bay Company.

1 A copy of this Minute was printed in the Imperial Blue Book, Hud-
son's Bay Company, 1857-1870.

512 CANADIAN ARCHIVES

Should the presence of troops now be considered necessary
the proper step would be for the people to make known their
desire to the home Government by Memorial or otherwise.
The Company might not feel inclined to renew their applica-
tion, or it might meet with little attention: at all events their
hands would be much strengthened by being enabled to appear
as the exponents of the wishes of the people and not of their
own interests, as might possibly be imputed to them. It rested
very much with the people themselves whether they were to
have troops or not. The interests and welfare of the Company
were to a great extent identified with those of the Settlers. In
the event of hostilities with Indians, he had no doubt that the
Company's Forts could be easily defended, but he need only
refer to the scenes lately enacted in Minnesota to imagine what
would be the fate of the outlying farms and dwellings, were a
similar outbreak to occur in this territory. He did not appre-
hend anything so serious, still it was only prudent to be pre-
pared for every contingency. Her Majesty's Government
would probably expect the Company or the Settlers to provide
for the transport and maintenance of the troops, but he trusted
that the matter would be dealt with in a liberal spirit. The
Company, as they well knew, had no public revenue to meet
public expenditure. In writing upon this subject to the Gov-
ernor and Committee on the 10th instant, he cautioned them
against expecting much from the Settlers; though a few of
them might be able and willing to contribute, the majority
were too poor to do so. He had been given to understand that
the people generally would be glad to form a local Militia for
the defence of the Settlement; if they did so, more could
hardly be expected from them, and the subject was well worthy
of consideration.

Having now stated his views, he would leave the matter
entirely in the hands of the Council. From their long resi-
dence in the Country, and acquaintance with the habits of the
Indians, they were better qualified than he could be to judge as
to the reality of the apprehended danger and the best means of
counteracting it. For himself he had no fears, and with or
without troops, he was equally prepared to remain with his
family in the Settlement. He could give no better proof than
this, of his confidence that the people would unite cordially in
whatever measures it might be considered necessary to adopt
for the common safety. —

PIONEER LEGISLATION 513

It was moved by Bishop Tache, seconded by Mr. Bruneau
and unanimously carried,

That in the opinion of the Council — the Settlement, in
its present defenceless condition, is exposed to imminent danger
from the Indian tribes.

It was moved by the Bishop of Rupert's Land seconded
by Mr. Sinclair and unanimously carried,

That it is further the opinion of this Council that the best
and only effectual means of meeting that danger, would be
the presence of a Body of British Troops in the Settlement,
and that the Settlers at large ought immediately to unite in a
strong and urgent appeal to the Home Government for the
establishment of a Garrison.

It was then proposed and carried, That Mr. Black be
requested to draw up a Petition, on the part of the Settlers
generally, to the Home Government, setting forth the present
exigency in as strong and faithful a light as possible, and, on
every consideration that can be fairly urged in support of the
object, praying the Government to afford to the Settlement the
desired Military protection; Whereupon Mr. Black expressed
his readiness to prepare such a document for signature.

It was moved by Mr. Sinclair, seconded by Mr. Inkster
and unanimously carried,

That the necessary means be taken for procuring Signa-
tures to the Petition, and that Governor Dallas be respectfully
requested to transmit it to the Home Government, with the
benefit of all the influence which his Excellency can use in its
support —

It was moved that this Council be adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assi-
iniboia held on Tuesday the 25th day of November, 1862 at
which were present the following Members of Council, viz. —

Alexander G. Dallas Esq., Gov. in Chief of Rupert's Land
President.

The Et. Eevd. The Lord Bishop of Rupert's Land Coun-
cillor of Assiniboia.

The Rt. Rev. Lord Bishop of St. Boniface, Councillor of
Assiniboia.

28159—33

514 CANADIAN ARCHIVES

William Mactavish, Councillor of Assiniboia.

John Black,

John Inkster,

John Dease,

Thomas Sinclair,

Henry Fisher, "

William Cowan,

Francois Bruneau, " "

Robert McBeath,

a a

After the Minutes of the last Meeting of Council had been
read. -

Mr. Bruneau moved, seconded by Mr. McBeath and unani-
mously carried^

That an additional sum of Twelve Pounds be granted to
the White Horse Plain District Public Works.

But while granting this extra allowance of £12 the Council
think it necessary to guard themselves against similar claims
in future of an extraordinary kind by stating that the present
vote is not to be drawn into a precedent for future applica-
tions.

Mr. Mactavish stated that he wished to bring under the
consideration of the Council the conduct of one of the Public
Officers viz Mr. Sheriff Ross(1) in stirring up the people as he
has lately been doing to opposition to the Council and in
endeavouring to thwart the Council in the measures
they had thought proper to take for the public
peace, and common safety, by calling upon the
public to look upon their acts with suspicion, and
representing to the Home Government that there was no
Justice to be obtained between man and man in this Settlement
— such conduct being incompatible with his position as an
Officer of Government.

He therefore moved, and Bishop Tache seconded and
unanimously carried,

That Mr. James Ross be removed from all his Public Of-
fices from this day.

Moved by the Bishop of Rupert's Land, seconded by Mi*.
Inkster and unanimously carried,

1 James Ross, through the columns of the Nor'Wester attacked the
Council. The Nor'Wester had also drawn up a counter petition to that
of Gov. Dallas. It asked for troops but criticised the Company's juris-
diction.

PIONEER LEGISLATION 515

That the Council wholly decline to send any report of their
proceedings in future to the "Nor Wester ' for publication, as
the report of their last Meeting was so unfairly dealt with.

It was moved by Mr. Bruneau and seconded by Bishop
Tache and carried,

That Mr. Henry McKenny be appointed Sheriff and Gov-
ernor of the Gaol on the express condition of his immediately
resigning his License, and that Mr. A. G. B. Bannatyne be
Post Master.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of
Assiniboia held on Wednesday the Eleventh day of March,
One Thousand Eight Hundred and Sixty-three, at which were
present the following Members of Council, viz. :

A. G. Dallas, Esq., Governor in Chief of Rupert's Land,
President.

W. Mactavish, Esq., Governor of Assiniboia, Councillor
of Assiniboia.

The Rt. Revd. Lord Bishop of Rupert's Land Councillor
of Assiniboia.

The Rt. Revd. Lord Bishop of St. Boniface, Councillor
of Assiniboia.

John Black, Esquire, Recorder, Councillor of Assiniboia

William Cowan, Esquire, M.D., " "

John E. Harriott, Esquire,

Henry Fisher, "

Francois Bruneau,

Robert McBeath, "

John Inkster,

Maximilian Genton, " "

Thomas Sinclair, " "

Salomon Amlin,

After the Minutes of the last Council had been read the
Governor in Chief stated he had caused the Council to be con-
vened chiefly for the purpose of laying before them a Petition
he had recently received from a number of the Settlers concern-
ing the organization of a \7olunteer Cavalry Corps, as a means
of public protection against apprehended disturbance by the
Sioux and other Indians; and he therefore called upon the
Clerk to read the Petition of which the following is a copy :

28159— 33£.

516 CANADIAN ARCHIVES

To His Excellency A. G. Dallas,

Governor in Chief of Rupert's Land and the Gov-
ernor and Council of Assiniboia, humbly sheweth :

That a large Band of Sioux Indians have collected in our
immediate neighbourhood, at the Village of St. Joseph, seventy
miles from this place who are well armed and equipped, and
daily receiving large additions to their numbers from Tribes
to the Westward.

That these Indians who have lately participated in the
Minnesota Massacres are now taking the property of our
neighbours the Settlers at St. Joseph, and threaten a descent
on this Settlement which may be expected at any moment.

That the Cree Indians have also threatened to make a des-
cent upon us in the early Spring,, and we fear that being em-
boldened by the successes of the Sioux they will fulfil the
threat.

That we are at present without any armed force, and with
the arms now in common use we could not make a successful
resistance to an attack by a large body of Indians, many of
whom are armed with the best long range Rifles, Revolving
Pistols and double barrelled Guns.

That although we confidently anticipate the arrival of a
British Regular Force at the earliest possible moment prac-
ticable for transportation in the Spring for the protection of
the Settlement, yet in the interim we remain quite unpro-
tected and the lives of our families and ourselves are in great
and imminent danger.

That at this critical juncture we confidently rely on the
desire as well as the ability of your Honorable Body to take
wise, prompt and vigorous measures for the effectual protec-
tion of the Country.

We therefore humbly pray — That the proper steps be taken
by your Honorable Body for the immediate enrollment of from
two to four hundred volunteers to be formed into Cavalry
Companies.

That these Companies be armed with the most improved
and efficient Cavalry Arms.

That they be enrolled upon such terms and for such time-
as in the judgment of your Honorable Body may be held ex-
pedient for the protection of the Settlement.

PIONEER LEGISLATION 517

That an Agent be despatched forthwith to effect the pur-
chase or loan of the necessary arms and equipment.

And jour petitioners as. in duty bound will ever pray.

Red River Settlement,

2nd March, 1863.

The Clerk having read the document and stated that it
contained 449 Signatures, the Council took the Petition into
full consideration, and finally expresses a general opinion, thai,
while there was certainly some ground for anxiety regarding
the public safety at the hands of the Indians, the danger to
be apprehended from that source was not now so imminent as
the Petitioners appeared to believe and that, under present
circumstances, it would be somewhat premature on the part of
the Council to take immediate measures for the organization
of such local force as that proposed, measures which, if
adopted, would be attended with a heavier expense than, per-
haps, even the Petitioners might be either able or willing to
bear.

In considering the question, the Council could not but call
to rememberance the fact, that they had so recently applied to
the Home Government for a body of British Troops, for the
protection of the Settlement ; and, seeing that such application
may possibly soon be followed by the introduction into the
Country of a sufficient body of troops, in time to avert the
apprehended dangers, the Council unanimously determined to
defer the farther consideration of the whole matter to some
future day, but with the view of strengthening the Petition
lately sent home for troops, the Council strongly recommend
that the Petition now under consideration, or a copy of it, be
immediately transmitted to England by the Governor-in-
Chief.

There was then read a petition from Messrs. McKenny &
Co.(1) and another of similar purport, from Mr. William Ink-
ster, praying the(2) Council for the cancelling of certain Bonds
granted to Collector Goulet, by the former for £8. 12. 6, and
by the latter for £28. 5. 0., as the amounts of duty, at the rate
of 5/ per gallon, payable under the operation of the Resolution
of Council of 4th Day of June last on Spirits imported by the
Petitioners respectively, last Autumn, from St. Paul. The

1See Decumbent No 91 of Documents relating to Council of Assiniboia,
Provincial Library, Winnipeg.

2 See Document No. 92 of Documents relating to Council of Assiniboia,
Provincial Library, Winnipeg.

518 CANADIAN ARCHIVES

Petitioners represent, that, although the Spirits in question
did not come within the boundary-line till some clays after the
date at which that Eesolution took effect, namely the 1st of
November, yet, that, in their opinion, the spirit of that Eeso-
lution ought to exempt them from the payment of the duty it
imposed; seing that the understood object of postponing the
operation of the law until the 1st November, was to allow per-
sons who had already made their purchases, to import them
under the old law, and seeing further that the petitioners had
purchased their alcohol in ample time, as they believed, to
have enabled them under ordinary circumstances, to deliver
it in the Settlement before the 1st November, but that, owing
to the Indian disturbances along the usual line of transport, it
had not arrived till some days later.

The Council, after due consideration of the Petitions, and
keeping prominently in view the fact that the alcohol in
question had been purchased sometime after the adoption of
the resolution of the 4th of June last, resolved, by a majority
of eleven, to decline cancelling the Bonds for the duty.

There was next laid before the Council a Letter from
Collector Goulet regarding the difficulties experienced under
the present local regulation, in preventing evasions of the duty
011 imports from the States, and praying the Council by some
alteration of the law to apply the requisite remedy.

On the Motion of the Bishop of Rupert's Land, Seconded
by Mr. Harriott, it was

Resolved — unanimously — That the following members
of Council be appointed a Committee, — Three being a Quorum,
— to consider the subject of Collector Goulet' s letter, with
particular reference to the 27'th and 28th Articles of the Local
Laws of llth April 1862, and to report to the next meeting
of Council as to any alterations they may think necessary; —
Governor William Mactavish, Recorder Black, Dr. Cowan, Mr.
Bruneau and Mr. Sinclair.

A Memorial was read from Mr. C. Garrett regarding a
proposal for superintending a certain Section of the public
roads; and after some remarks, the Council ordered that the
Memorial lie on the table.

The Governor of Assiniboia informed the Council that he
had lately felt it his duty to suspend Mr. John Taylor from
Office as a Petty Magistrate for the White Horse Plains
District, on account of certain acts of maladministration' to
which the Governor of Assiniboia directed the Council's atten-

PIONEER LEGISLATION 519

tion. He now proposed that Mr. Taylor be finally dismissed
from his office and it was therefore

Resolved Unanimously that Mr. Taylor be dismissed
accordingly.

It was afterwards moved by Mr. Bruneau, Seconded by
Mr. Harriott and

Resolved Unanimously that Mr.' Wm. Tait of Head-
ingley be appointed one of the Petty Magistrates for the White
Horse Plain District —

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of Assi-
niboia held on Thursday the ninth day of April, One Thousand
Eight Hundred and Sixty Three. At which were present the
following Councillors of Assiniboia, viz. :

A. O. Dallas Esquire Govr. in Chief of Rupert's Land
President.

Wm. Mactavish Esquire Govr. of Assiniboia Councillor of
Assiniboia.

The Rt. Revd. The Lord Bishop of Rupert's Land Coun-
cillor of Assiniboia.

The Rt, Revd. The Bishop of St. Boniface Councillor of
Assiniboia.

John Black Esquire Recorder and Councillor of Assini-
boia,

William Cowan Esquire, M.D., Councillor of Assiniboia.

John Inkster

Erancois Bruneau

Robert McBeath

Henry Fisher

The Clerk having read the Minutes of the last Meeting of
Council, the President stated that he had convened the Coun-
cil to take into their consideration a number of Tenders for
the Office of Superintendents of Roads, &c., and other business
to be brought before them.

The Governor of Assiniboia stated, that he had informed
Mr. William Tait of his appointment as a Magistrate for
White Horse Plain District and that Mr. Tait had accepted
the office.

Then the Governor of Assiniboia brought up the report of
the Committee on Mr. Goulet's Letter of which report the
following is a copy

520 CANADIAN ARCHIVES

Report to the Committee appointed by the Council held
March last to consider the letter of Mr. Collector Goulet re-
garding the evasion of duty on goods imported into the Settle-
meiit._

After careful consideration of the subject referred to them,
your Committee beg to recommend, as being in their opinion,
the most likely means of preventing the evils complained of—

1st That instead of the omission to produce at the first
House of Clearance nearest to which any imported goods shall
pass, an invoice or manifest merely subjecting the goods to
detention, such omission should subject the owner to a penalty
of not more than £50 sterling.

2nd. That the 28th Article should be altered so as to make
it compulsory on every owner, importer or consignee of goods
under the specified penalty of not more than, Fifty Pounds, to
exhibit to a Collector of Customs, immediately after the arrival
of his goods (if not already cleared) a Manifest of his Import-
ations, and that it should be expressly declared that every
owner, importer or Consignee, shall be bound under the like
penalty to produce such Invoice or Manifest to any Collector
of Customs whenever and wherever he shall demand it after
the actual arrival of the Goods within the bounds of the Settle-
ment.

(Signed) W. MACTAVISH. . .
Chairman.

And on the Governor of Assiniboia's proposal the Report
was adopted

With the view of giving effect to the recommendation of the
Committee Mr. Black seconded by Mr. Fisher proposed and
Council unanimously

Resolved — That, instead of the omission to produce
at the first house of Clearance nearest to which any imported
goods shall pass, an Invoice or Manifest thereof, merely sub-
jecting such goods to the liability of being detained, a pro-
vision should be substituted in the present Law as stated in
Article 27 of the Local Code of llth April 1862, to the effect
that such omissions should subject the owner of the goods, or
his representative to a penalty of not more than £50 Sterling
or less at the discretion of the Court to be sued for in the same
manner as a contract debt ; and that the first House of Clearance
shall be understood to mean that Station nearest to which

PIONEEK LEGISLATION 521

the goods, in being conveyed to their destination by the most
direct practicable route, would naturally pass.

It was further determined to repeal the whole of the first
section of the 2>8th Article of the said code being that section
contained between the Word " Every " at the beginning of
the same and the Word " Contraband " as it occurs the second
time in that Section; and in lieu of such repealed section it
was unanimously

Resolved — That every owner cr Importer or Consignee
of goods shall, at any time after the arrival of the same within
the limits of Assiniboia, be bound to exhibit the Invoice or
Manifest thereof to any Collector of Customs demanding it;
and every owner, importer or consignee of goods, immediately
on the arrival thereof at their destination, shall, unless the goods
have been already cleared be bound to enter the same and pay
the duty to the Collector at the Custom House nearest the said
place of destination; and any importer or owner or consignee
neglecting to comply with either of the foregoing provisions
shall, in addition to the Duty, forfeit a sum of not more than
Fifty Pounds Sterling or less at the discretion of the Court,
which penalty may be sued for and recovered in the same man-
ner as a contract debt. And any package or goods in Bulk not
entered into any Manifest shall be seized as Contraband and
forfeited to the Queen, or to the Governor and Council acting
in her name, and in the event of any person refusing to pay
the duty or to give a bond for the payment of the same, the
Collector shall be authorized to seize all his goods as contraband.

It was unanimously

Resolved — That the following appointments of Road
Superintendents be now made for the year commencing the
llth inst. at the undermentioned salaries viz. :

White Horse Plain District, Mr. Patrice Breland £12.

Lower Section, Mr. Thomas Sinclair £25.

Middle Section, Mr. Eraser £15.

Upper Section, Mr. F. Bruneau £25.

It being understood that in the cases of Mr. Sinclair and
Mr. Bruneau the above salaries have been fixed on the principle
of covering to some extent the discharge of other public
functions.

It was unanimously

Resolved — That the present Collectors of Customs be
reappointed at their present Salaries.

522 CANADIAN ARCHIVES

The President laid before the Council a Petition purporting
to come from 530 persons addressed to the Governor and Coun-
cil of Assiniboia, with reference to the imprisonment of the
Eev. G. O. Corbett under a sentence of the General Quarterly
Court held in February last for the crime of which he was then
tried and Praying for the remission of the yet unfulfilled
portion of the sentence.

The Council, considering that strictly speaking they had no
authority to entertain such an application, and that it is with
the Governor in Chief as the head of the Executive that its
disposal must rest, felt that they could do no more in the matter
than refer the Petitioners to the Governor in Chief. And they
directed that the deputation who presented the Petition be in-
formed that it had been placed in the Governor in Chief's
hands to be dealt with as he may deem advisable.

It was then unanimously

Eesolved — That the Council do now adjourn.

W. MACTAVISH.

Minutes of a meeting of the Governor and Council of Assi-
niboia, held on the 28th Day of April, 1863, at which were
present the following Councillors: —

A. G. Dallas, Esquire, Governor in Chief, President. _

William Mactavish, Esquire, Governor of Assiniboia.

The Rt, Rev. The Lord Bishop, Rupert's Land Councillor
of Assiniboia.

John Black, Esquire, Recorder and Councillor of Assini-
boia.

William Cowan, Esquire, M.D., Councillor of Assiniboia.

Francois Bruneau,

Robert McBeath,

John Inkster,

Thomas Sinclair,

Pascal Breland,

Henry Fisher,

Salomon Amlin,

Maximilian Genton,

After the Minutes of last meeting had been read the Gover-
nor in Chief informed the Council that, after reference to the
Judge and Magistrates who had presided at the trial of G. O.

PIONEER LEGISLATION 523

Corbett,1 he had not felt warranted in interfering with the
lenient sentence of the Court or releasing the prisoner. The
Judge in his reply had stated that he entirely concurred in the
verdict of the Jury that the case otherwise presented no
extenuating circumstances.

The Governor wished to ascertain the views of the Council
in regard to the late outrages in breaking open the Jail and res-
cuing the two prisoners G. O. Corbett and James Stewart, and
to take the opportunity of thanking the numerous body of
people who had come forward to the support of the authorities.
His reason for not availing himself of that force to defend the
prison was dictated solely by humanity, and not by the fear of
being unable to defend the prison, there being serious appre-
hensions that such a defence would have involved bloodshed and
arrayed in the bitterest strife one portion of the community
against the other. Another weighty reason was the danger to
be apprehended from the surrounding Indian Tribes, should
the inhabitants of the Settlement be divided against themselves
in open warfare.

The Governor then requested the Clerk to read a letter which
had been addressed to him by the Magistrates in regard to the
present state of matters and of which the following is a copy.

COURT HOUSE, RED RIVER,

28th April, 1863.
A. G. DALLAS, ESQUIRE,
Governor in Chief.

We have the honor to state that the riotous and unlawful
proceedings which have attended the recent rescue, on the 20th
instant, of the prisoner G. O. Corbett from Gaol, and the sub-
sequent rescue from Gaol, on the 22nd instant, of James Stewart
who had been apprehended as one of the persons concerned in
the first outrage, have placed us, the Magistrates of the Settle-
ment, in a position which constrains us to address you, in the
hope that by conferring with the Council or otherwise, you may

1 Rev. Griffith Owen Corbett had given evidence unfavourable to the
H. B. Co., before the H. of C. Committee of 1857. He had been sen-
tenced recently to 6 months imprisonment for attempting abortion on the
person of a young domestic in his service. The account of his trial is
given in great detail in the Minutes of the General Quarterly Court,
Provincial Library, Winnipeg.

James Stewart was arrested as one of the ring leaders of a party
that surrounded the gaol and liberated Rev. G. O. Corbett. He was in
turn liberated by a party under William Hallett and John Bourke,
English half-breeds.

524 CANADIAN ARCHIVES

be enabled to devise some measures for adequately strengthen-
ing our hands in the maintenance of authority and order in
the Settlement.

For years past, the want of some sufficient Military power
on the spot to ensure due obedience to the lawful authorities,
has been deeply felt, and now that we have again seen as we
have sometimes seen before, although never, perhaps, so con
spicously, the arm of the civil power paralysed by the absence
of any material basis to rest upon, we earnestly trust that some
thing may soon be done to supply the defect in the present
constitution of things.

Your Excellency having been on the spot yourself, it is but
very briefly that we require to refer to the circumstances pre-
ceding and attending these outrages. For a crime, more revolt-
ing, perhaps, in all its details, than was ever committed in this
country, and after conviction on the clearest evidence which
was afterwards confirmed in some material respects by a volun-
tary confession in writing, the prisoner G. O. Corbett was sen-
tenced at the last General Court to six months imprisonment;
and if any fault at all could have been found with that sentence,
we believe that exception could only have been taken, with any
show of reason, to its leniency. But notwithstanding of its
mildness, a petition was lately presented to you for the remission
of the unfulfilled portion of the sentence; with the prayer of
that petition, you, in our opinion, most properly, declined to
comply, and it would appear that, soon afterwards Corbett's
partisans began to concert plans for bis rescue. On Monday
the 20th inst. from thirteen to twenty of them, (men for the
most part worthless characters and of no means) surprising the
gaoler, and forcing open one of the prison doors, contrived to
liberate Corbett from Goal. Warrants were immediately pre-
pared against thirteen of these men, and under one of them
James Stewart, one of the ringleaders, was apprehended 011 the
21st and committed for examination. The same day, applica-
tion was made to you for procuring Stewart's release, with some
intimation, as we have heard, that if he were not liberated, a
rescue might be attempted ; and next forenoon, a party consist-
ing of from forty to fifty men, mostly armed, and including the
whole of the first band, came down to you, demanding his liber-
ation, with threats of violence to the prison, if their request
were not granted. Of course it was refused ; and seeing that by
this time a considerable number of loyal inhabitants had
assembled near the prison, with a view of supporting the

PIONEER LEGISLATION 525

authorities, and repelling the assailants, if necessary by arms,
it was for some short time a serious question, whether some
of the most resolute and reliable of them ought not to be
placed over the prison to defend it to the last extremity,
and for this duty, to the credit of the men, be it said, not
a few of them were eager to be appointed. On the other
hand, some of the assailants were equally resolute and believ-
ing, as we do, that they were prepared, at the risk of their
lives, to advance to the rescue, the momentous question you had
finally to decide, at last came to this ; shall blood be shed ? Shall
authority be deliberately given for the commencement of an
armed struggle where both parties were totally undisciplined,
and where, after the first shot was fired, they would be equally
beyond all command.

It may be difficult to imagine the full extent of the dis-
aster to which, in the absence of any military force to control
the strife, the beginning of such a conflict might have ulti-
mately led, particularly when we keep in view the strong pro-
bability of the collision being embittered, beyond all calcula-
tion, by the antipathies naturally springing from differences
of race, of language and religion, as well as by other causes;
but evidently, even the immediate consequences, to say nothing
of the results more remotely involved, would have been very
serious ; and we cannot therefore but think that, under all the
circumstances, you decided for the best, when you determined
that forcible resistance should not be used and that if these
lawless men should actually rescue Stewart, they must be
left to do it at the peril of realizing all the consequences of the
deed, whenever the authorities should have strength enough
to enforce the law against them. They did break open the
door, and set Stewart at liberty, and before two of our number
the Sheriff has sworn an information against the offenders,
but in a matter of such grave importance, the Magistrates
applied to, thought it prudent to refer the decision of the ques-
tion, as to the issuing of any warrants, to a meeting of the
whole body of the Magistrates.

This question we have just had under our most anxious
consideration; and with a degree of reluctance amounting to
pain, we have come to the conclusion that . it is advisable to
suspend at least for a time, any further efforts for the appre-
hension of these men.

But, while this is permitted, can we, at the same time, hope
to carry on the general administration of justice in the Settle-

526 CANADIAN ARCHIVES

ment ? On the one hand, we see in these two outrages, the
authorities practically set at defiance ; but on the other, we have
witnessed among the people such manifestations of attachment
to order that we are led to believe in the existence of a very
general and earnest determination to uphold the authority of
the law, and under these circumstances we are brought to the
conclusion that, notwithstanding of these outrages, and of the
impunity with which, for the present, the offenders have been
allowed to escape, we can still go on, as formerly, with the
general administration of Justice in our Courts.

But, from what has taken place, as well as from other
circumstances, it is evident that the interests of order and
authority stand on a precarious footing and that, at any time,
they may be compromised, when a case arises to engage any
great amount of popular feeling.

We would therefore desire respectfully but most earnestly
to press upon your Excellency the urgent necessity for the
speedy adoption of some means for strengthening the hands of
public justice, and for rendering impossible the recurrence of
such a practical defiance of its claims. The presence of a Mil-
itary Force under the Queen's authority, and that alone, we
believe, would have the desired effect; and we therefore ear-
nestly trust that the earliest opportunity will be taken for fully
representing the matter to the home authorities. It has become
too evident that Military protection is as much required to
keep down internal tumult, as to guard against Indian dis-
turbances.

We have the honor to be

Your faithful and obedient servants,

(Signed) Robert McBeath, J.P.

(Signed) Frangois Bruneau, J.P.

(Signed) Thomas Sinclair, J.P.

(•Signed) William Cowan, J.P.

After a general expression of opinion on the part of the
Council, it was on the proposal of Mr. Black, seconded by Mr.
Inkster, unanimously resolved: —

1st. That the Council entirely approve of the course pur-
sued by the Governor in regard to the outrages in question and
believe that it was required both by considerations of prudence
and by motives of humanity.

2nd. That the acknowledgements of the Council to the peo-
ple who came forward to support the Executive be expressed
in public notices to the following effect —

PIONEER LEGISLATION 527

NOTICE.

At a Meeting of the Governor and Council of Assiniboia
on the 20th instant, the attention of the Council was directed
to the recent outrages that had been committed in the unlawful
rescue from prison of G. O. Corbett a Prisoner undergoing
his Sentence, and of James Stewart a person in custody on a
charge of felony, and to the creditable zeal that had been shown
by so many of the inhabitants for the protection of lawful
authority.

The Council, while viewing with feelings of deep regret
and abhorrence the lawless conduct of the men engaged in
these rescues, for which all concerned in them directly or in-
directly must still be held responsible, were yet highly gratified
at the manner in which so many of the well disposed inhabit-
ants had proffered their services for the forcible prevention of
these disgraceful proceedings, and Unanimously resolved that
notices should be publicly posted expressing the sense enter-
tained by the Council of the laudable spirit manifested by
those inhabitants in behalf of the interests of public order —
interests, which under the regular administration of Justice,
as heretofore, by the Magistrates and the Courts, the Council
doubt not will be duly preserved.

The Council further desire to make it publicly known
that, while they are -satisfied there were, among these loyal in-
habitants, men who would have willingly defended the prison
at the sacrifice of their lives, the Executive were restrained
from using the force at their disposal by motives of humanity ;
by the desire to avoid bloodshed ; by a wish to prevent deadly
exasperation of feeling among the Settlers, and above all, by
a consideration of the dangerous consequences to the whole
Community that would have arisen from the Indian Tribes
witnessing the spectacle of open warfare between different
sections of the people.

BY ORDER.

Council Chamber, 28th April, 1863.

3rd. That the Council concur with the Magistrates in the
view they have taken of their duty in the matter under con-
sideration, and approve of the course recommended by them
to be followed ;

4th. That for several years past the Council have viewed
with feelings of painful concern the absence of all Military

528 CANADIAN ARCHIVES

power in the Settlement and that in the opinion of this Coun-
cil a Military Force is indispensable both as a means of en-
suring due obedience to the lawful authorities and of guarding
against Indian Molestation ; and

5th. That the Council do now unite in respectfully request-
ing the Governor-in-Chief to transmit to the Honourable Com-
pany in London a copy of these Minutes with an earnest ap-
peal for the immediate establishment of a sufficient Garrison
in the Settlement.

On the Motion of the Bishop of Rupert's Land, seconded
by Mr. Black, it was unanimously

Resolved That from the First of June next the Salary
of the Postmaster, Mr. Bannatyne be raised to Twenty Pounds
Sterling, and that he be instructed to establish a weekly mail
to Pembina.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of
Assiniboia held on the 18th of July, 1863, at which were pres-
ent the following Councillors, viz. : —

William Mactavish, Esquire, Gov. of Assiniboia, President.

The Rt. Rev. The Lord Bishop of Rupert's Land, Coun-
cillor of Assiniboia.

John Black, Esqre, Recorder, Councillor of Assiniboia.

John Inkster, Esqre.,

Fras. Bruneau, Esqre., " "

Robt. McBeath, Esqre., " "

It was moved by the Bishop of Rupert's Land, seconded
by Mr. Inkster and unanimously carried,

That the day for commencing hay cutting this season shall
be Monday the 20th July current, and that, accordingly all
exclusive privileges within the four mile line shall this year
cease after the 3rd August.

Governor Mactavish having informed the Council that
according to the present state of the public funds, there was a
Dr. balance against the Colony of upwards of £200.

The Council authorized Gov. Mactavish to draw out of the
hands of the Hudson's Bay Company in London the Creditor
Balance standing in the name of the Govr. & Council.

W. MACTAVISH.

PIONEEK LEGISLATION 529

Minutes of a Meeting of the Governor & Council of Assini-
boia held on the 17th day of August 1863, at which were
present the following Councillors, viz. : —

William Mactavish Esquire, Gov. of Assiniboia President.

The Rt. Revd. Lord Bishop of Rupert's Land Councillor
of Assiniboia.

Rt. Revd. Lord Bishop of St. Boniface, Councillor of Assi-
niboia.

John Black Esquire Recorder, Councillor of Assiniboia.

John E. Harriott

Salomon Amlin

John Inkster " "

Francois Bruneau

Maximilian Gentori " "

Henry Fisher, " "

Robert McBeath " "

Governor Mactavish stated that he had assembled the Coun-
cil for the purpose of informing them that he found it necessary
to visit St. Paul on business of importance, and that he intended
to appoint Mr. Recorder Black to act for him as Governor of
Assiniboia during the few weeks of his absence — In this
arrangement the Council unanimously acquiesced.

On the proposal of Governor Mactavish the Council
appointed Dr. Cowan an Auditor of the Public Accounts in
conjunction with Mr. Inkster and Mr. Sinclair, any two of
them to be a quorum for all the purposes of their office.

It was proposed by Mr. Bruneau, seconded by Mr. Fisher
and carried unanimously,

That the sum of £30 be granted the Upper Section for the
repairs of Roads and Bridges.

It was proposed by Mr. Recorder Black, seconded by Mr.
McBeath and unanimously carried.

That the sum of £30 be granted to the Lower Section for
the repairs of Roads and Bridges.

Mr. Inkster proposed and Mr. Harriott seconded and unan-
imously carried,

That the sum of £35 be granted to the Middle Section for
the repairs of Roads & Bridges.

On the Motion of Bishop Tache, it was unanimously

Resolved — That the Council, having the certitude that
the absence of Governor Mactavish will be only temporary is
satisfied for the present with offering him their acknowledge-

28159—34

530 CANADIAN ARCHIVES

ment for the manner he has always administered the affairs
of the Colony and with wishing him a happy voyage and speedy
return.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of Assi-
niboia on the Nineteenth day of December One Thousand Eight
Hundred and Sixty Three.

PKESENT

A. G. Dallas Esquire Governor in Chief, President.

Wm. Mactavish Esquire Governor of Assiniboia.

The Kt. Eevd. Lord Bishop of Kupert's Land, Councillor

of Assiniboia.

The Kt. Eevd. Lord Bishop of St. Boniface, Councillor of

Assiniboia.

John Black, Esquire, Recorder, Councillor Assiniboia.
William Cowan, «

Francois Bruneau "

John Inkster, " "

Maximilian Qenton, " "

Henry -Fisher, " "

Governor Dallas — Deferring to the special object for which
the Council had been called, — the consideration namely, of the
question as to what was to be done regarding the Sioux Indians
who had lately come into the Settlement, informed the Council
of the steps which he had taken for the purpose of getting them
removed by peaceable means ; but he regretted to say that they
had been unsuccessful. The continuance of the Sioux in the
Settlement was a cause of very general anxiety and alarm
among all classes; and as it might be necessary to adopt more
expensive measures than he should feel inclined to take without
the concurrence of the Council, the Governor stated that he was
desirous of hearing their views and taking their advice on the
subject.

The Governor further mentioned that he had, several times,
visited the Sioux at their principal camp near Sturgeon Creek.
He believed that, including women and children, who formed
the great majority of the party, there were in all about five
hundred persons ; and more had since arrived. He had found
them, for the most part, in a state of the utmost destitution,

PIONEER LEGISLATION 531

in respect both of food and clothing — and, seeing that, unless
assisted with a limited supply of provisions, if not, also of
clothing, it would be impossible for them to leave the Settle-
ment without the prospect of very soon perishing — he had,
after much serious consideration of the matter with Mr. Gov-
ernor Mactavish, made the Sioux an offer of a sufficient quanti-
ty of provisions to carry them to such a distance from the Set-
tlement as would relieve it from all danger and apprehension
and with the ammunition which had also been offered put the
Indians in the way of providing for themselves by the usual
means of hunting, &c., to which they were accustomed. He
had also agreed to furnish the necessary means of conveying
the provisions to the intended locality.

But, although offers had at first been accepted, yet at length
the Sioux had positively refused to go away, stating as their
reason, that, while some of the able-bodied men of the party
were fit to travel, the great majority of them being women
and children, and many of the former being old and infirm,
they were unable to undertake a journey of even much less
than ten days, and that the Indians therefore felt, that, on
leaving the Settlement, their families must inevitably perish
by the way. Under these circumstances the Governor added,
the only chance, as it appeared to him, that now remained of
getting the Indians removed, would be to offer them a larger
supply of provisions, and the necessary means of transport, not
only for the provisions, but also for such of the families as
might not be able to walk, — besides any articles of clothing that
could be collected for them in the Settlement.

The Council — after long and anxious deliberation, ex-
pressed it as their opinion that Governor Dallas, in taking the
steps he had done in the matter, had followed the most judicious
course that could have been adopted under the critical) cir-
cumstances of the case; and feeling that they could not do
better than leave the Governor to make such further overtures
to the Sioux as he might think likely to attain the highly im-
portant and desirable end in view, an end so deeply affecting
the peace and welfare of the whole Settlement. The Council
en the Motion of the Bishop of Rupert's Land seconded by the
Bishop of St. Boniface, unanimously

Resolved — That Governor Dallas be respectfully re-
quested to renew his negotiations with the Sioux and to offer
them such additional supplies of provisions, with such increased

28159— 34i

5'^Z CANADIAN ARCHIVES

means of transport, as, in his discretion, might be thought
proper to get the Indians removed from the Settlement; and
further that the Council tender Governor Dallas their cordial
thanks for the efforts he had already made.

Governor Dallas next called the attention of the Council
to the necessity that had arisen for getting the main public
roads of the Settlement marked out in such a manner as to
prevent dispute and litigation regarding the correct lines of
their thoroughfares, and after some discussion, the Council, on
the Motion of Recorder Black, Seconded by Mr. Genton, unani-
mously

Resolved — That the following Councillors be appoint-
ed a Committee to mark out the roads and report to the Coun-
cil thereon. Namely — Dr. Cowan, Mr. Bruneau, Mr. Inkster,
Mr. Sinclair, and Mr. McBeath, three to be a quorum and Dr.
Cowan, Convener.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of
Assiniboia, held on the Seventh day of January, One Thousand
Eight Hundred and Sixty-four.

PRESENT

A. G. Dallas, Esquire, Governor-in-Chief, President.

William Mactavish, Esqre., Governor of Assiniboia.

Rt. Revd. Lord Bishop of Rupert's Land, Councillor of
Assiniboia.

Rt. Revd. Lord Bishop of St. Boniface, Councillor of
Assiniboia.

John Black, Esquire, Recorder, Councillor of Assiniboia.

Frangois Bruneau, Esqre.,

John Inkster, Esqre.,

Salomon Amlin, Esqre.,

'Thomas Sinclair, Esqre.,

Governor Dallas informed the Council that the Sioux In-
dians still, unfortunately, formed the principal subject which
had to be brought under consideration. —

In following up the Resolutions adopted at the Council of
the 19th ulto., Governor Dallas mentioned, that, with a view
to the peacable removal of the Sioux, a considerable quantity

PIONEER LEGISLATION 533

of provisions had been supplied to them, and the requisite
sleds furnished; and that all the Indians and their families,
had taken their departure from Sturgeon Creek, — to proceed,
as had been earnestly hoped, at least as far as the Turtle Moun-
tains, but that, to his disappointment, they had gone no further
than White Horse Plain, where they were now camped on the
East side of the Assiniboine", with the avowed intention, as
he had been informed, of remaining there; and the Governor
was now disposed strongly to doubt, whether, they had really
ever intended to leave the Settlement this Winter, notwith-
standing their professions at one time to the contrary.

Finding that the Indians had thus stopped short of the des-
tination to which it was understood they were to go on, the
men in charge of the provisions and other supplies, had prud-
ently deposited the whole in the Company's Stores at White
Horse Plains, and had themselves returned to the settlement.
But by the wages of these men, and the provisions actually de-
livered to the Sioux at different times, an expense had already
been incurred of rather more than £108. It was satisfactory
to know that no Ammunition whatever had, from first to last,
been supplied to' these Indians.

Under all these circumstances, the Governor had thought
it right to assemble the Council to consider what ought now
to be done. The danger to the Settlement from "the presence of
these Indians, was still as great as ever. The scanty stores of
provisions, out of which the White Horse Plain Settlers, partly
from fear, as might well be supposed, and partly from chari-
table motives, were now, in some measure, relieving the wants
of the Sioux, could not possibly long hold out against such
demands, and thus both the Settlers and the Indians must soon
be reduced to straits from which it was only too likely the lat-
ter would have little scruple in relieving themselves by killing
the Settlers' Cattle and committing other depredations natur-
ally leading to consequences of a serious character. Governor
Dallas added that it was much to be apprehended, that, in the
event of the Sioux remaining in the Settlement the whole Win-
ter they might not only endeavour to make this Territory their
permanent abode, but be the means of inducing additional and
far more numerous bands of the tribe to do the same. Con-
tingencies, which, if either of them were to be realized would
be certain to involve the whole Settlement in the very greatest
peril.

Governor Dallas further stated that, some short time ago,
he had had a visit from Lieutenant Mix of the United States

534 CANADIAN ARCHIVES

Garrison at Pembina on the subject of inducing the Sioux to sur-
render themselves to the Commanding Officer there, and learned
that while the American Authorities, rightly enough, appeared
determined to execute justice upon such of the Sioux as had
actually been concerned in the Minnesota Massacre, the Am-
erican Officers, so far from contemplating any act of hostility
towards the innocent, were quite prepared to furnish them
with all needful supplies of food and clothing for the Winter,
in the event of their peacably giving themselves up; and the
Governor had since been informed that a party of more than
forty of the Sioux had lately gone to Pembina to take the
benefit of that protection.

At the time of that visit, the Governor, from a desire to
prevent, by every means, the Settlement getting embroiled
with the Sioux, and from a hope that they might be got off
without American interference, was disposed to regard any-
thing of the kind with a certain degree of aversion ; but the
aspect of the whole question had now been so materially
changed, that, in concluding these explanations, he could not
refrain from suggesting to the Council whether it might not
now be advisable to permit the American Officers to enter into
negotiations with the Sioux, with the view of inducing them to
surrender themselves to their authority.

After full deliberation by the Council it was unanimously
Resolved, that the Governor be respectfully requested to Grant
the permission referred to, but on the distinct understanding
that no aggressive measures are to be taken by the American
Authorities against the Sioux in this territory, and that, in
the event of the Americans availing themselves of the proposed
permission, they must be prepared in opening negotiations with
the Sioux, to protect themselves by a guard of sufficient
strength to preclude the danger of attack from the Indians
and to ensure the preservation of the peace.

Mr. Black then directed the attention of the Council to
the desirableness of removing all doubts as to the true con-
struction of the 53rd Article of the Code of llth April, 1862 ;
and after due consideration of the subject, the Council, on Mr.
Black's proposal seconded by Mr. Governor Mactavish —
unanimously Resolved — that the proceedings of the General
Court shall be regulated by the Laws of England, not only
of the date of Her present Majesty's accession, so far as they
may apply to the condition of the Colony, but also by all such
laws of England, of subsequent date as may be applicable to

PIONEER LEGISLATION 535

the same : in other words it was Eesolved that the proceedings
of the General Court shall be regulated by the existing Laws
of England for the time being, in as far as the same are known
to the Court and are applicable to the condition of the Colony.
The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assini-
boia, held on the Twelfth Day of March, One Thousand Eight
Hundred and Sixty-four, at which W3re Present the following
Members of Council, viz.: —

A. G. Dallas, Esqre., Governor in Chief, President
William Mactavish, Governor of A^miboiu
Eight Eevd. Lord Bishop of Eupert's Land, Councillor of
Assiniboia.

Eight Eev. Lord Bishop of St. Boniface, Councillor of
Assiniboia

John Black, Esq., Eecorder, Councillor of Assiniboia.
William Cowan, Esqre., " "

Pascal Breland, Esqre., " "

Erangois Bruneau, Esqre., " "

John Inkster, Esqre., "

Eobert McBeath, Esqre., " "

Maximilian Genton, Esqre., " "

Salomon Amlin, Esqre., " "

Thomas Sinclair, Esqre., " "

Governor Dallas informed the Council that his chief object
in calling them together was to lay before them copy of a cor-
respondence(1) with Major Hatch, by which they would
observe that he had granted permission to the Ameri-
can troops to follow the Sioux across the boundary line. Know-
ing that in doing so he had acted in accordance with the repeat-
edly expressed wishes of the people, who had even proposed
to invite the presence of the American Troops, he had not
considered it necessary to consult the Council before sending
his reply to Major Hatch, but as the permission granted
involved some responsibility he wished the Council to share
that responsibility with him by confirming the act.

The Council had no hesitation in coming to the conclusion
that the Governor in his whole dealing with the Sioux, and
correspondence with the Americans, had only done what was

1 See document No. 96 of Documents relating to Council of Assiniboia,
Provincial Library, Winnipeg.

536 CANADIAN ARCHIVES

necessary for the general welfare and safety of the Settlement,,
and had therefore no hesitation in confirming and approving
the permission granted to Major Hatch, which they knew to be
in accordance with the wishes of the people.

The Governor further stated that he had received a message
from the main body of the Sioux on the Missouri, asking his
advice as to .making peace with the Americans, and hinting at
a desire to visit the Settlement in Spring. He had returned
an answer advising the Sioux to make peace with the Ameri-
cans, or to be prepared for a prosecution of the war with re-
newed vigor next Summer.

The following is the correspondence with Major Hatch

Headquarters Independent

Battalion No. V Pembina, D.T.,
March 4th., 1864.

His Excellency A. G. Dallas,

Governor-in-Chief of Rupert's Land,
Fort Garry.

Sir, I have the honor to state that a party of murderersr
belonging to the Sioux Tribe of Indians, to avoid the just
punishment for their crimes, have fled from before the military
forces of the United States Government, and are now supposed
to be temporarily located in the vicinity of " Poplar Point,"
on or near the Assiniboine River.

The near approach of Spring and the danger of their scat-
tering and, re-enacting in part the barbarous scenes of 1862
and 63, urges me to make every effort in my power to secure
them. I cannot, however, take any steps which may by any
chance place soldiers under my command in such a position
that they may appear as trespassers upon British Soil. There-
fore, the locality of the Forty-ninth parallel never having been
officially determined, I do not feel justified in moving in pur-
suit of these murderers towards the point where they are now
encamped without the consent of your Excellency.

The great desire I have to prevent the murder of innocent
women and children upon our frontier induces me to trouble
your Excellency with the request that permission may be-

PIONEER LEGISLATION 537

granted me to pursue and capture these savages, with an armed
force, wherever they may be found.

I have the honor &c.5

(Signed) E. A. C. HATCH,

Major Commanding.

Copy of letter from Governor- Dallas to Major Hatch,

Major Hatch,

Commanding U. S. Troops at
Pembina.

Sir, I have the honor to acknowledge receipt of your letter
of the 4th inst., delivered to me by Lieutenant Nash, stating
that <a party of murderers belonging to the Sioux Tribe of
Indians fleeing before the Military Forces of the United
States, are now supposed to be temporarily located in the vici-
nity of Poplar Point on or near the Assiniboine River, and
requesting permission to pursue and capture these savages with
an armed force wherever they may be found.

In reply I beg to state that the Sioux Indians have been
refugees in this territory much against the wishes of the
inhabitants, and in the face of every discouragement on our
part to their appearance at all on this side of the boundary line.
It being I believe of the utmost importance for the safety
and well-being of the civilized inhabitants of this part of the
world generally, that a powerful tribe of Indians, inhabiting
the borders of an undefined and unprotected frontier of large
extent, should be disabused of the belief that they can with
impunity commit their depredations and murders in one terri-
tory and take refuge in the other in safety for the time being
ready to renew their operations when it may suit their inclina-
tions to do so, I have no hesitation in complying with your
request, stipulating only that in the event of active operations
taking place within the Settlement you will communicate with
the Authorities, and take such measures as will prevent
bloodshed or violence in the houses or enclosures of the Settlers,
should any of the Sioux Indians take refuge there.

I have the honor &c.,

(Signed) A. G. DALLAS,

Governor in Chief of Rupert's Land.

538 CANADIAN ARCHIVES

There was then laid before the Council an application from
Mr. Albert Sargent for payment of certain losses alleged to
have been sustained by him at the ferry, but the Council feel-
ing that it was not upon them, but upon the Lessee of the
Ferry that the responsibility if any, of the losses in question
rested could only refer Mr Sargent to that quarter, without,
however, thereby intending to express any opinion favorable
or unfavorable to the claim he had brought forward.

The management of the public ferry having then become
the subject of consideration, the Council on the motion of
Mr. Black, seconded by Mr. Sinclair, resolved, that the Eoad
Committee appointed on the 19th Dec. last, be instructed to
inquire into the nature and working of the present arrange-
ments regarding the ferry, and to report to the next Council
as to whether any, and what changes could be introduced with
public advantage.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assini-
boia held on the Fourth day of May One Thousand Eight
Hundred and Sixty Four, at which were present the following
Members of Council, viz —

A. G. Dallas Esquire Governor in Chief — President
W. Mactavish Esquire Governor of Assiniboia.
Rt. Revd. Lord Bishop of Rupert's Land, Councillor of
Assiniboia.

Rt. Revd. Lord Bishop of St. Boniface, Councillor of
Assiniboia.

John Black, Esqre., Recorder, Councillor of Assiniboia.
W. Cowan, Esq. M.D. Do Do

J. E. Harriott, Do Do

Francois Bruneau Do Do

John Inkster Do Do

Robt. McBeath Do Do

Henry Fisher Do Do

Salomon Amlin Do Do

Maximilian Genton Do Do

The President laid before the Council an application from
the Settlers at Portage La Prairie requesting that they should
be " annexed " to Red River Settlement, and included, as he
understood them to mean, within the Jurisdiction of the

PIONEER LEGISLATION 539

Municipal District. In connection with the important subject
which this Petition brought up for consideration, the President
mentioned that, in other parts of the Territory there was
springing up similar Settlements which in his opinion, clearly
pointed to the necessity for some comprehensive measure for
the government of the country generally. As another in-
stance, besides the Portage, a population of about twelve
hundred were now settled near Edmonton in the Saskatchewan
District, without any regularly constituted Government and
the President proceeded to observe that as he was now going
to England, he would be happy to hear and carry with him
some expression of opinion from the Council of Assiniboia
as to such applications as that from the Portage. . Mr. Black
stated that he had received a communication of a similar pur-
port from a respectable resident there.

After some discussion, Mr Governor Mactavish seconded
by the Bishop of St Boniface, proposed the following resolu-
tion, which was passed unanimously —

THAT — The Council, while admitting the great desirable-
ness of bringing within the range of regular government the
settlements which, in the very nature of things, were sure to
spring up throughout the country, — felt, at the same time
constrained to express their firm belief that, in the present
peculiar circumstances of Red River Settlement, it would be
highly injudicious to recommend any extension of the present
Municipal district, seeing that for the effective administration
of the government of the same, it had long been evident to
the Council that there was an absolute and imperative neces-
sity for an adequate amount of material strength, in the form
of Military protection, being afforded to existing authorities;
and that, under these impressions, the Council most earnestly
and respectfully request Governor Dallas to take the oppor-
tunity of his present visit to England for representing the
whole question in the proper quarter there and for urging the
prompt adoption of measures for securing the object above
indicated.

With reference to the expenses to which the Settlement had
been subjected in furnishing provisions to the Sioux Indians
last winter, the President stated that it had occurred to him
that, under all circumstances of the case, the Colony had at
least an equitable claim upon either the English or the Ameri-
can Government for the reimbursement of their expenses;
and the Council, after due deliberation concurring in their

540 CANADIAN ARCHIVES

view of the matter, unanimously adopted the following Resolu-
tion, which was proposed by Mr Black and seconded by the
Bishop of Rupert's Land:

Whereas a small supply of ammunition would have enabled
the Sioux to maintain themselves by hunting, and would have
induced them to leave the Settlement altogether, but the Coun-
cil were precluded by the instructions of the Home Govern-
ment to the Governor from following that course; And Where-
as the Home Government in withdrawing the troops from the
Settlement and declining to grant us any protection, while at
the same time it indicates the cours,e we are to pursue with
the Indians, in refusing them ammunition, had in a manner
rendered itself liable for the consequences; and whereas the
Council might now warraiitably intimate to the American
Authorities that they must either reimburse us for the food
supplied to the Sioux, whom their acts had driven upon us,
or be prepared for our supplying them with Ammunition, as
our best means of preventing their apprehended depredations
in the Settlement, but whereas this course is not open to the
Council, on account of the instructions from the Home Gov-
ernment already referred to, therefore, It is the opinion of
the Council that the Settlement has just reason for looking
to the Home Government either for the reimbursement of the
expences in question, — expences which independently of the
supplies, virtually extorted from the Settlers themselves by
the Sioux, amount to no inconsiderable portion of the revenue,
— or for the Government pressing their claim for the same
upon the American Authorities; and the Council respectfully
request Governor Dallas to make the necessary repre'sentation
on. the subject to Her Majesty's Government.

Doctor Cowan as convener of the Road Committee then
begged leave to lay before the Council the report of their pro-
ceedings in reference to the public roads and the ferry. The
Report was received and ordered to lie 011 the table for the
consideration of a subsequent Meeting of the Council.

A Petition from the inhabitants of the Parish of St Boni-
face was presented, complaining of the existence of the two
public-houses on the point of the Assiniboine River, as being
not only quite unnecessary for the Public convenience but, as
being in various respects highly injurious to the locality in
which the Petitioners reside. They represent that, in their
opinion two licenses are amply sufficient for the whole of that
neighbourhood one at Fort Garry and the other at Mr. Mager's,

PIONEER LEGISLATION 541

and pray the Council to grant no more in future, they further
state that owing to the public houses being open at the time,
the days of the departure and the arrival of the different
Brigades of Voyageurs, whether in the boats or in the carts,
are generally occasions of considerable disorder, whereby the
neighbours are subjected to much discord annoyance, and
sometimes the owners of goods to considerable damage and
loss; and they pray the Council to adopt some measure for
preventing the sale of Spirits on those days. The Petition,
after being read and considered, was referred to the licencing
Magistrates with instructions to satisfy themselves regarding
the facts of the case ; to exercise the discretionary powers they
held, either withholding or continuing the licenses in question
as they might see fit and to endeavor by any advisable means,
to prevent the intemperance and disturbance which are said
to prevail on the occasions specified.

There was also presented a petition from the proprietors of
lands on Point Douglas complaining of the encroachments which
for the last two years, persons living on the Assiniboine River
had made on the special reserve for Point Douglas, whereby the
Petitioners had come short of the hay absolutely required for
their cattle and horses. The Petitioners say they claim the in-
clusive right to that reserve for the purposes of cattle grazing
and hay making ; And they pray the Council to take such steps
as shall prevent such encroachments in future on their alleged
right. The Petition was referred to Mr. Governor Mactavish
as the proper authority for dealing with the matter.

With reference to a letter read to the Council from Messrs.
Coldwell and Schultz, offering to execute any printing the Coun-
cil might require, it was directed that these parties be informed
that they would be employed when any service of that kind was
wanted.

The President called the attention of the Council to the fact
that there was now a number of Distilleries in the Settlement,
paying neither a license fee as the public houses did, nor 'any
duty on the Spirits they manufactured. At a time when a
market was wanted for Barley, there had been an inclination to
encourage distillation, but now that they required the Barley,
rather than the Market, it could not be supposed that Distil-
leries were any longer looked upon in that light. After some
discussion Mr. McBeath gave notice that at next Council he
would move the imposition of a tax of £15 at least on every
Distillery. Mr. Recorder Black in introducing the Motion, he

542 CANADIAN ARCHIVES

now wished to submit to the Council, said that the President
having to-day intimated his intention of proceeding to England,
he felt that it was a duty the Council owed, both to the Presi-
dent and to themselves, to notice the circumstance. On the
occasion of Governor Mactavish's -departure from the Settlement
last year they had recorded their appreciation of his public ser-
vices, and he thought that the example ought to be followed on
the present occasion. Mr. Black said that, difficult and delicate
a thing as it was, to speak of another, even in his public capa-
city, in his own presence, he must crave the President's forbear-
ance while he expressed his belief that the motion he had to pro-
pose would commend itself to the unanimous support of the
Council. During the time they had enjoyed the privilege of
having Governor Dallas to preside over their deliberations the
Council had been called upon to deal with a variety of questions
of unusual difficulty and importance. Questions which, with-
out here going into any minute specification of them, deeply
affected the peace, and the prosperity, he might even say, the
very existence of the Settlement, and if these questions had been
at all satisfactorily disposed of, he felt the Council would bear
him out in the opinion, that it was owing, in no small measure
to the calm judgement, the just and upright mind, and the can-
did spirit, which the President had, at all times brought to
bear upon the affairs of the Settlement and by which, he be-
lieved the whole of the Governor's public conduct amongst them
had been regulated, and might now be fairly characterized. He
said not these things from any wish merely to please the Presi-
dent. He said them because he believed them himself ; he said
them because he felt that these sentiments were shared not only
by the Council, but also by the whole of the respectable and in-
telligent portion of the community ; and further, he gave them
expression because he believed that when qualities such as those
he had referred to were discovered in any one holding a high
and influential office they called on various good grounds, for
a distinct and grateful acknowledgement; under these circum-
stances it was but natural they should view with regret the pro-
spect of the President's departure ; but on the other hand, that
feeling must be greatly modified by the thought that Governor
Dallas was going to headquarters of the honorable body under
whose authority the Council exercised their functions, and that
he would there have better opportunities than perhaps, he could
have here of promoting the interests of the Settlement. The
experience he had gained by his two years' residence in the

PIONEER LEGISLATION 543

Settlement would be valuable in any deliberations to which he
might be called, upon' the affairs of the Country ; and in any
endeavours he might be disposed to make for our welfare as a
community, it might strengthen his hands and encourage his
heart to be assured that the Council of Assiniboia would look
to him with the confident hope that he would spar© no efforts
for promoting the general welfare of the Settlement. With
these remarks Mr. Black proposed the following motion which
was seconded by the Bishop of St. Boniface and unanimously
carried:

That the Council having been informed by the President of
his intention to visit England feel that they cannot allow him
to take his departure without tendering him an expression of
their appreciation of his services to the Council during the time
he has presided over it; of the high estimate they entertain of
his public and personal worth; and of their hope that, at no
distant date, they may have the pleasure of welcoming the return
of himself and family to Rupert's Land.

Governor Dallas in returning thanks for the kind feelings
expressed towards him by Mr. Black and the Council begged to
thank them in return for the cordial support which he had
always met from them and for the consideration with which any
shortcomings had been treated. In first assuming the position
which he held, he was necessarily unacquainted with many of
its duties ; but he had endeavoured to deal with every matter in
a plain business manngr, and to perform his duties conscien-
tiously to the best of his ability. In taking leave of the Coun-
cil for a time, at least, he was quite in the dark as to the future.
Great changes had taken place in the organization of the
Hudson's Bay Company as they were all aware, and negotia-
tions were in progress with Her Majesty's Government, for a
transference of its Chartered Territory to the Crown — what the
result might be no one here could foretell, but he would avail
himself of every opportunity for bringing his experience of this
country to bear and to promote the well being of its inhabitants
in as far as it might be in his power to do so.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council held on
the 9th day of May 1864 — at which were present the following
viz. : —

A. G. Dallas, Esq., Governor in Chief, President.

544 CANADIAN ARCHIVES

Win. Mactavish, Esq., Governor of Assiniboia.
John Black, Esq., Recorder, Councillor of Assiniboia.
The Rt. Rev. the Bishop of Rupert's Land, Councillor of
Assiniboia.

Rt. Rev. Bishop of St. Boniface, Councillor of Assiniboia.
Doctor Cowan, Do Do

Henry Fisher, Do Do

Fs. Bruneau, Do Do

Maxim Genton, Do Do

John Inkster, Do Do

Thos. Sinclair, Do Do

Salomon Amlin, Do Do

Robt. McBeath, Do Do

A Petition was presented from the Parish of St. Andrews,
complaining of Harcus's Public House, as a source of great evil
to the neighbourhood, and praying for the discontinuance of the
license, under which it had been established. The matter was
referred to the licensing Magistrates, to be inquired into by
them, and dealt with as they might see fit in the exercise of
their discretionary powers.

Dr Cowan as Convener of the Road Committee, read their
report to the Council; and it being afterwards intimated that
one of the two parties chiefly affected by the report (Mr Mc-
Kenny and Mr Drever) if not both had some additional evi-
dence of an important nature which they wished to lay before
the Committee, the Council again referred the whole matter
to the Committee for further consideration and report.

Pursuant to notice, Mr McBeath proposed a license fee of
£5. on Distilleries, explaining that he had intended the £15
first mentioned to cover a retail licence, but that he now con-
sidered it better to have the Distillery tax separate and dis-
tinct, leaving it to the Distiller himself to take out a retail
licence or not as he might be inclined.

Mr McBeath' s motion not being seconded the Bishop of
Rupert's Land, seconded by Mr Black, proposed a tax of £10
on Distilleries, to take effect on the first Monday in June next,
but the Council not being unanimous on the question it was
ordered to stand over till next meeting.

Mr Bruneau gave notice that he would move an amend-
ment by proposing £15. as the fee, — to include a retail licence.

Dr Cowan seconded by Mr Inkster proposed the reappoint-
ment of the following Officers for the year commencing 13
April 1864 at the Salaries stated opposite their names

PIONEER LEGISLATION 545

ROAD SURVEYORS.

White Horse Plain District Mr. P. Breland £12. 0. 0.

Lower Section Mr. Sinclair 25. 0. 0.

Middle Ditto Mr. Fraser 20. 0. 0.

Upper Ditto Mr. Bruneau 25. 0. 0.

But the Council not being unanimous, this motion also
stood over.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of
Assiniboia held on the 15th day of July 1864 at which were
present the following Members of Council, viz. :
William Mactavish Esq. Govr. of Assiniboia President
The Rt. Rev. Bishop Tache, Councillor of Assiniboia.
Dr Cowan Do Do

Henry Fisher Do Do

Francois Bruneau Do Do

John Inkster Do Do

Maximilian Genton Do Do

The Minutes of the last Council having been read and
approved — Mr W. R. Smith presented and read a Statement
of the Public Accounts for the past year ending the 31st May
1864 shewing a Cr. balance of £121. 1. 10 J. these accompts
having been already audited by Messrs Cowan, Inkster and
Sinclair, the Council approved and passed them.

It was moved by Mr. Bruneau and seconded by Dr. Cowan
and unanimously carried —

That a tax of £15 sterlg. be levied on Distilleries, which
tax shall include a Retail License; to take effect the first Mon-
day of June 1865, ^on all existing Distilleries, but this tax
to be paid by all Distilleries commencing after the first Monday
of November 1864.

Dr. Cowan Convener of the Roads and Ferry Committee,
presented and read a Report of the proceedings of the Com-
mittee. After some little discussion

Bishop Tache moved & Mr. Fisher seconded and it 'was
unanimously carried

That the report of the Committee of Road® and Ferry be
adopted

28159—35

546' CANADIAN ARCHIVES

Dr. Cowan then brought on his motion which was ordered
" to lie over " at the last Council, viz. :

" That the reappointment of the following officers for the
year commencing 13th April 1864 at the salaries stated oppo-
site their names."

ROAD SUPERINTENDENTS.

White Horse Plain Section Mr. P. Breland £12. 0. 0.

Lower Do. " T. Sinclair 25. 0. 0.

Middle Do. " Jno. Eraser 20. 0. 0.

Upper Do. " Jno. Eraser 20. 0. 0.

Carried unanimously

It was then moved by Mr. Bruneau and seconded by Mr.
Inkster and unanimously carried —

That the Hay Cutting this season shall commence on the
outside of 12 miles from the Banks on both sides of the Red,
Assiniboine and La Seine Rivers, on the 20th inst; and inside
of the 12 miles, from Mr. Lane's Fort downwards as far as St.
Peters Church Indian Settlement — and from Rat River down
to the same place, on the 27th inst: —

It was moved by Mr. Bruneau seconded by Mr. John
Inkster —

That the following sums be granted for the Public Works —
Upper Section £50. 0. 0.

Middle Do 40. 0. 0.

White Horse Plain Sec. 15. 0. 0.

Carried unanimously

The Council then adjourned.

Minutes of a Meeting of the Governor and Council of
Assiniboia held on the Twenty Ninth day of September One
Thousand Eight Hundred and Sixty Eour at which the follow-
ing Councillors were present:

William Mactavish Esq. Gov. of Assiniboia, President.
John Black Esq., Recorder, Councillor of Assiniboia
John Inkster Do Do

Henry Fisher Do Do

Francois Bruneau Do Do

Thomas Sinclair Do Do

Robert McBeath Do Do

Maximilian Genton • Do Do

PIONEER LEGISLATION 547

Governor Mactavish called the attention of the Council to
the fact that, owing to the partial failure of the Crops, a
number of persons were this season importing flour from the
the States. According to the law, as it presently stood, that
article was liable for duty, but it appeared to be a question
worthy of the Council's consideration, whether flour ought not
to be duty free, seeing especially, that, in a season like this,
the tax must press rather heavily upon the consumers —

The Council unanimously

Eesolved — That all flour imported into the Settlement
from and after this date, shall be duty free —

On the Motion of Mr. Sinclair seconded by Mr Bruneau

The Council unanimously authorised the appointment of
an additional Constable at or near the Image Plain.

On Mr Bruneau' s Motion for the appointment of another
Petty Magistrate for the White Horse Plain section in place
of Mr Breland, the Council unanimously sanctioned the ap-
r»ointment of such a person as the Governor might think proper
to sleect for filling the vacancy.

The sum of £15. was mentioned by Mr Sinclair as the
amount of an -additional Grant now required for his section of
the public roads; and the Council authorised the payment of
the same.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the third day of November 1864 at which were
present the following members of Council, viz. : —

William Mactavish, Esq., Governor of Assiniboia, President.
John Black, Councillor of Assiniboia.

Frangois Bruneau, Do Do

John Inkster, Do Do

Eobert McBeath, Do Do

Thomas Sinclair, Do Do

Maximilian Genton, Do Do

Whereas doubts have arisen regarding the true meaning of
the phrase " the same season " as it occurs in the thirty-sixth
section of the printed Laws of Assiniboia of llth April 1862,
and it is desirable to remove such doubts, therefore on the
motion of Mr. Bruneau, seconded by Mr. Sinclair, the Council

Resolved and enacted that henceforward, the foresaid words
u The same season " shall be held to mean a period of a twelv<?-

2815$— 35J

548 CANADIAN ARCHIVES

month, immediately following the date of the debtor's expected
departure from the Settlement.

Whereas it is expedient to alter the present rate of charges
for writs for the General and the Petty Courts, the Council
unanimously repealed the sixty-first section of the printed Laws
of Assiniboia of llth April 1862, and in place thereof, on the
motion of Mr. Inkster seconded by Mr. McBeath, unanimously

Eesolved and enacted, that for every writ in civil actions
and in criminal prosecutions (not public), for the General Court
there shall be payable to the Magistrate issuing the same three
shillings and sixpence, and for any of the petty Courts two
shillings and sixpence, of which charges the sum of two shil-
ligns and six-pence in the former case, and of One and Six-
pence in the latter shall be retained by the Magistrate for the
writ; and the other shilling in each case shall be paid by the
Magistrate to the Constable serving it. For such Shilling the
Constable shall be bound to serve any writ within five miles of
the residence of the Magistrate from whom he receives it ; but,
for any distance he may be required to travel beyond that, in
serving a writ, he shall, in addition to the shilling, be entitled
to mileage, at the rate of two pence a mile or part of a mile.
All these fees shall be payable to the Magistrate before issuing
the writ ; and every Constable receiving a writ for service, shall
be bound either himself to serve it with all due diligence, or
immediately to put it into the hands of some other Constable,
who in like manner, shall be bound to serve it without delay.
This Enactment to take effect after the sitting of all the Courts
in the present month of November.

And Whereas it is deemed inexpedient for the Council any
further to regulate the mere details of procedure in the General
Court whether with regard to costs or otherwise, the Council
unanimously resolved that in future the General Court shall be
authorized to adopt such scales of fees and such rules and forms
of procedure, as to the Court itself may appear proper.

Whereas it is necessary for the due protection of public, as
well as of private interests that the precise meaning and effect
of the resolution of Council of the 15th day of July last, adopt-
ing the report of the Road Committtee then submitted, should
be duly declared, the Council, in conformity with the recom-
mendations of the Committee, unanimously Resolved and
enacted

PIONEER LEGISLATION 549

1st That the line of road to the Assiniboine Settlements
passing between Messrs. Drever and McKenney's buildings and
crossing Mr. Drever's lot remain as at the date of the report;

2nd. That this road, while crossing Mr. Drover's lot, be one
chain in breadth marked out so as to run clear of all buildings
at the date of the report.

3rd. That the main line of road to the Assiniboine River at
Fort Garry be marked out so as to run clear of all buildings at
the date of the report — and

4th. That the public still retain the right to a two chain
road crossing Mr. Drever' s Lot leading to the Assiniboine Set-
tlements, this width to be recovered by the public whenever the
buildings encroaching thereon at the date of the report require
to be removed or at a specified period. With reference to the
foregoing fourth head of the report, the Council on the Motion
of Mr. M. Genton Seconded by Mr. Sinclair unanimously
declared and enacted, that eighteen years from the date of this
Council shall be the period at which the permission for keeping
up the encroaching buildings referred to, shall cease, unless fur-
ther extended by competent authority, and that, on the expira-
tion of that period the public shall be entitled to a full two
chain road crossing Mr. Drever*s Lot leading to the Assiniboine
Settlements, and that every obstruction thereof whether in the
shape of buildings or otherwise, shall then be liable to be re-
moved, as contrary to law.

Governor Mactavish informed the Council that he intended
shortly to proceed to Canada, and that Mr. Black, as acting
Governor of Assiniboia, would fill his place.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assini-
boia held on the 12th day of January 1865 — at which were pre-
sent the following Councillors, viz. : —

John Black, Acting Governor of Assiniboia, President.
Thomas Sinclair, Councillor of Assiniboia.

Frangois Bruneau, Do Do

Robert McBeath, Do Do

John Inkster, Do Do

Henry Fisher, Do Do

Maximilian Genton, Do Do

550 CANADIAN ARCHIVES

After the Minutes of the last meeting had been read, the
President stated that one object in assembling the Council was
to invite their attention to the important fact that, according
to the best information he could gather on the subject, the quan-
tity of grain in the Settlement was so limited, that, unless some
extraordinary effort were made to preserve it for the Spring
there would in all likelihood, be a great deficiency of seed, and
that consequently, however favorable next season might prove,
so far as the weather was concerned, there would necessarily be
less grain in the Settlement next Winter, than there is this year.
The last harvest was so poor, that it must have come far short
of meeting the ordinary wants of the community. Many of
those who could afford it, have been supplying themselves with
flour by importing it from the States; while many more, who
have neither crop, nor money to buy flour, must be, if not bread-
less altogether, at least the next thing to it. Any aggravation
of these evils would be severely felt, and it appeared to the Pre-
sident to be a matter well worthy of the Council's consideration,
whether any means could be devised for lessening or averting
them. Beyond all doubt, the quantity of grain in the Settle-
ment at this moment was comparatively small, and by no means
equal to meet the ordinary consumption and leave enough for
seed; but if that consumption were to be curtailed — that is,
voluntarily curtailed, by the people themselves — and if pro-
per care and economy were to be observed by the whole com-
munity, there might still be found grain enough in the Settle-
ment next spring for seed. With these remarks the Presi-
dent submitted the whole question to the earnest consideration
of the Council.

After full deliberation, the Council unanimously concurred
in the representation that had just been given of the present
circumstances and prospects of the Settlement ; but at the same
time felt that it would, as yet be premature for the Council to
attempt to do more than to point out to the community the
danger with which they appeared to be threatened from the
apprehended scarcity of seed wheat in the Spring, and to urge
upon them the extreme desirableness of every one economising
to the utmost their present stock of grain the Council being-
impressed with the belief that in this as in all similar emergen-
cies the truest and strongest ground of reliance was to be found
in the earnest individual efforts of the Settlers themselves to
overcome the difficulty.

PIONEER LEGISLATION 551

The President then submitted a communication addressed
to the Governor and Council by Mr. Sheriff McKenny repre-
senting that, he had discharged the duties of Sheriff of Arfsi-
niboia for upwards of two years without a salary; that,
although in receipt of Thirty Pounds per Annum as Governor
of the Gaol, that sum was inadequate remuneration for both
offices; that, as the Council were aware, the duties of the
Sheriff's Office had largely increased; and that under all these
circumstances he respectfully requested that the Council might
be pleased to attach such a salary to the office of Sheriff as
they might deem adequate remuneration for the service ren-
dered.

In laying this communication before the Council, the Pre-
sident mentioned that he thought it was only due to Mr. Mc-
Kenny to state that, so far as he had opportunities of observ-
ing— and they were necessarily pretty extensive— the present
Sheriff had discharged the duties of his office in a very efficient
and satisfactory manner, and that he felt the present applica-
tion was well entitled to their favorable consideration.

The Council, after carefully considering all the circum-
stances of the case, unanimously

Resolved that instead of Thirty Pounds, the Salary of the
Sheriff, as Governor of the Gaol and Sheriff, be raised to Forty
Pounds per Annum.

The President then brought under consideration, the pre-
sent state of the Liquor Laws; and after a full discussion of
the question, it being deemed desirable to alter the same in some
respects, it was unanimously

Resolved that, hereafter Liquor License for one year to ap-
proved applicants shall be issuable, by the authorities, and on
the conditions, specified in the 22nd Section of the Code of llth
April 1862 in the first week of the months of June and of
December respectively, and at no other periods ; that persons
wishing for a license shall be bound to lodge their application
with the President of the Bench of the proper District not
later than the 15th of May or the 15th of November, and that
the President shall, at least once during the interval between
the date of the application and the meeting of the Bench in
June or December, give public notice, on the doors of at least
one of the Churches of the district, of the fact of such applica-
tion having been made and of the day fixed for the final dis-
posal of it by the Bench ; but, that in every case where, on any
ground whatsoever, the granting of the License is objected to

552 O AX A WAN ARCHIVES

by a majority of the householders in the neighbourhood of the
house where the License is intended to be used, the Bench shall
have no power to grant the License; — such majority of objec-
tors, however, being bound to appear before the Bench and
personally to object. For the purposes of this regulation, the
word " householder " shall mean the head of a family occupy-
ing a separate house; and the word "Neighbourhood" shall
mean the six 'nearest householders on each side of the house
intended to be licensed. Excepting in as far as altered by the
present enactment, the said 22nd Section of the present code,
shall remain in full force.

The Council then adjourned.

J. BLACK.

Minutes of a Meeting of the Governor and Council of
Assiniboia, 21 March 1865 —

John Black Esq., Acting Governor of Assiniboia, President.
The Et. Eev. The Bishop of St. Boniface, Councillor of Assi-
niboia.

Thomas Sinclair Councillor of Assiniboia.

Francois Bruneau Do Do

Eobert McBeath Do Do

Henry Fisher Do Do

John Inkster Do Do

Maximilian Genton Do Do

Eeferring to the important question of seed wheat for the
ensuing Spring the President stated that the time appeared to
have at length arrived for determining what the Council was
to do in the matter; and in again submitting the subject to
their consideration he would only add that, in the event of the
Council deciding upon the expediency of distributing any
Seed Wheat this season, he had the satisfaction of saying that
the Company's Agent, Mr. Chief Factor Clair, had, with a
degree of kind consideration which he was sure the Council
would duly appreciate, offered to supply the Council with 800
Bushels of Wheat at the same price that the Company had paid
for it namely Eight Shillings a Bushel.

The Council believing in the necessity of a public effort
to supply the deficiency of seed unanimously determined to
distribute Eight hundred bushels of Wheat, on the condition
of one Bushel and a quarter being returnable for every Bushel
given out.

PIONEER LEGISLATION 553

In order to ensure as fair and equal a distribution as pos-
sible among the different sections of the Settlement, it was
resolved that the Settlement should be divided into three dis-
tricts and that in each district 267 Bushels should be given
out ; the limits of the first district being from the point on the
East side of the Main River opposite St. John's Cathedral,
up to the extremity of the Settlement on that side, and thence
on the West side of the Main River down to the Forks; the
second district to extend along both sides of the Assiniboine
River from the Fort upwards; and the third district to extend
from the Upper Fort down to the end of the Settlement on the
West side of the Main River and thence from a point opposite
on the East side up to the starting point opposite St. John's.
For the first District Messrs. Genton and Bruneau to be the
distributors ; For the second, Messrs. Alban Fidler and Pascal
Breland; and for the third, Messrs. Robert McBeath, Thomas
Sinclair and John Frazer; these Gentlemen being authorized
in giving out the grain, to exercise their discretion in such a
manner as should best meet the comparative necessities of the
applicants and best secure the public interest.

Certain papers were then submitted to the Council from
Mr. Serjeant in reference to his former claim for compensa-
tion for losses alleged to have been sustained by him at the
Ferry, but the Council, on a careful reconsideration of the
matter could discover no sufficient reason for departing from
the decision which they formerly expressed on the subject.

On the motion of Mr. Inkster, seconded by Mr. Sinclair,
the Council unanimously resolved that, in order to save the
parties from loss in the discharge of public duties, every Coun-
cillor not receiving any Salary for any other office, shall be
entitled to ten shillings a clay for everyday's actual attendance
at Council.

Complaints having been made of Constables absenting them-
selves for considerable periods from the Settlement, to the
detriment of the public service, the Council directed that, in
future, no Constable should be at liberty to absent himself
from the Settlement for more than one night at a time, without
express permission from the Magistrate of the district to which
he belongs.

The Council then adjourned.

J. BLACK.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the 30th day of May 1865.

554 CANADIAN- AECHIVES

PRESENT

John Black Esq, Acting Governor, President.

The Rt. Rev. The Bishop of St. Boniface, Councillor of Assi-

boia.

Thomas Sinclair Councillor of Assiniboia.

John Inkster Do Do

Henry Fisher Do Do

Robt. McBeath Do Do

Frans. Bruneau Do Do

Solomon Amlin Do Do

Pascal Breland Do Do

Maxim. Genton Do Do

The President laid before the Council a letter from Mr.
McKenny resigning his office as Sheriff and Governor of the
Jail, on the ground of the insufficiency of the salary and
intimating that he only held the position till his successor
should be appointed. ' Mr. Bruneau also produced a letter from
Mr. McKenney stating that if his salary were raised to Sixty
Pounds, he would be willing to continue his duties.

The Council taking into consideration all the circumstances
of the case

Resolved that Mr. McKenny's salary be increased to Fifty
Pounds a year. There were also laid before the Council appli-
cations from Mr. Caldwell and Mr. John Bunn for the offices
of Sheriff and Governor of the Jail understood to have become
vacant, but upon the application from these Gentlemen no
final action could be taken in consequence of Mr. McKenny's
resignation not yet having been accepted.

An application was then submitted from Mr. Charles Curtis
for the extension of his license till next November without any
further payment; but considering that at the time Mr. Curtis
obtained his licence, he was well aware that it extended no fur-
ther than June, and that it was granted in conformity with the
then existing law, persons similarly circumstanced, who, if Mr.
Curtis' s application were complied with, would have an equally
good claim on the Council for the extension of their licenses, —
the Council felt bound to decline interfering in the matter.

A letter was read from . Mr. Chas. Garrett regarding an
alleged dereliction of duty on the part of Mr. Collector Goulet
but the Council in a careful consideration of the subject came
to the conclusion that the charge could not fairly be enter-
tained.

PIONEER LEGISLATION 555

The Council having then taken up the question relating to
the present rate of duties on spirits unanimously

Kesolved That in place of the present rates there shall be
payable a duty of one shilling per gallon on all spirituous and
fermented liquors and all wines imported into the district of
Assiniboia, after this date, from any part of the British Dom-
inions or from any foreign Country, Excepting always from
such duty all wines imported for Church Service.

There was then presented a petition to the Council, signed
by 180 persons praying the Council to take into consideration
the state of the fishery in the Red River, and Assiniboine with
a view to preventing the injury arising from the erection of
Weirs or Barriers in these rivers whereby a great destruction
of fish was caused and the majority of the people were prevented
from catching a fair share of the fish on which, even in ordinary
seasons, and much more in a season like this, so many were
dependent for their means of living.

After due deliberation it was unanimously

Resolved That it shall be unlawful to erect any Weirs or
Barriers in any part of the Red River or Assiniboine and that
on receiving information of the existence of any such Weirs or
Barriers any Magistrate shall be after 1st July and hereby is
empowered to order any Constable to remove the same.

The Council then adjourned.

J. BLACK.

Minutes of a Meeting of the Governor and Council of Assi-
niboia on the 18th day of July 1865.

PBESENT

John Black, Esq., Acting Governor of Assiniboia, President.

The Rt. Rev. The Bishop of St. Boniface, Councillor of
Assiniboia.

John Inkster, Councillor of Assiniboia.

Robert McBeath, Do Do

Henry Fisher, Do Do

Maximilian, Do Do

The President stated that the object for which the Council
had been called together was to fix the date for the commence-
ment of hay cutting this season. But he thought they should
be unmindful of their duty and be doing injustice to feelings,

556 CANADIAN .A3C HIVES

if, before proceeding with any other business, they did not take'
the opportunity of recording an expression of their sorrow at
the death of one who had so recently been taken from amongst
them — the lamented Mr. Bruneau. He believed the Council
would fully bear him out in saying that Mr. Bruneau was a man
of excellent sense and amiable character. As a Councillor, he
was a true and faithful representative of that large Section of
the Settlement with which he was more immediately connected ;
and as a Magistrate his efficiency and usefulness were well
known to all. To the discharge of his Magisterial duties he
brought an upright and conscientious mind, and a judgement
far beyond the average for penetration and soundness. In hi&
public conduct he knew no distinction of class or creed ; by all
alike his impartiality was confided in; and Mr. Bruneau was
so constituted that it was only part of his nature to blend mercy
with judgement. Personally, they had lost a friend ; and as a
Council they must feel that the Community had lost a valuable
public officer.

The Council, after signifying their entire and cordial con-
currence in these remarks on Mr. Bruneau's death, expressed
an opinion that it would be a proper way of shewing their re-
spect for his memory and their appreciation of his services, if
they were to give Mr. Bruneau's family some assistance. With
that view it was suggested that some enquiry should be made
into the circumstances in whicn they had been left ; and it was
resolved that, with the aid of such information as might be so
gained, the Council should resume the subject at their next
Meeting.

With reference to the Hay question, it was then unanimously
resolved that, this season the 20th of July shall be the date for
the commencement of hay-cutting.

On the motion of the Bishop of St. Boniface, it was further
resolved, that in order to prevent the uncertainty and inconve-
nience arising every year, from the present rule on the subject,
the Council shall next year, either in May or in the early part
of June, determine the date for beginning to cut hay ; and that
the date should then if possible permanently fixed without vary-
ing from year to year .

A Petition was then presented from James Armstrong and
others setting forth the public injury caused by the alleged ob-
struction by James Mulligan and others of a certain road in
their neighbourhood, which they considered a public road. But

PIONEER LEGISLATION 557

the Council being of opinion that the question could not be
settled without further information, they appointed the Land
Surveyor, the District Koad Surveyor and Mr. Smith to visit
the road, and, after inquiring into the merits of the case, to
make a report on the subject to the Council.

The sum of Forty Pounds was granted for the Middle Dis-
trict public works.

The Council then adjourned.

J. BLACK.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the 3rd day of August 1865.

PBESENT

William Mactavish, Esq., Gov. of Assiniboia, President.
John Black, Esq., Recorder & Councillor of Assiniboia.
The Et. Rev. the Bishop of St. Boniface, Councillor of
Assiniboia.

Henry Fisher, Councillor of Assiniboia.

John Inkster, Do Do

Maxime Genton, Do Do

Rob McBeath, Do Do

Solomon Amlin, Do Do

With reference to what had passed at last Council regarding
the late Mr. Bruneau's family, the Bishop of St. Boniface
stated that in his opinion it would be advisable still further to
defer any action on the part of the Council in the way of assist-
ing the family; and it was therefore determined to postpone
the final consideration of the subject till another meeting.

The President than stated that he had assembled the Coun-
cil in order to make the necessary appointments for filling the
offices vacated by Mr. Bruneau's death and also to consider the
propriety of nominating some additional Councillors.

The names of several persons were suggested for Coun-
cillors; and the Council then unanimously made the following
appointments, namely:

Mr. A. G. B. Bannatyne to be President of the Petty
Court, Middle District, with the usual salary of £16.

Mr. Pascal Breland to be President of the White Horse
Plain Petty Court with a Salary of £8.

558 CANADIAN ARCHIVES

Mr. Porter to be one of the Petty Magistrates for the
Middle District in Mr. Bannatyne's place, with the usual
salary ;

Mr. H. Fisher to be Road and Ferry Superintendent in the
late Mr. Bruneau's place with the same salary of £25.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the 31st day of August 1865.

PRESENT

William Mactavish Esq., Governor of Assiniboia, President.

John Black Esq., Recorder and Councillor of Assiniboia.

The Rt Rev. the Bishop of St. Boniface Do Do

Henry Fisher Do Do

John Inkster Do Do

Thomas Sinclair Do Do

Robert McBeath Do Do

Maximilian Genton Do Do

The President stated that his main object in assembling
the Council, was to consider a proposal for adopting means for
the official appointment of Guardians to Minors residing in
the District. The inconvenience, he added, arising from the
present state of things, was such, that, if possible, a remedy
ought to be provided ; and with that view, Mr. Recorder Black
would submit a Motion, which, if adopted, might, it was
thought, answer the purpose. The Council after full consid-
eration, passed the following Resolution —

Whereas it is considered expedient to grant express author-
ity for appointing Guardians to Minors living in the district
of Assiniboia.

Therefore it is unanimously Enacted that it shall be lawful
for the General Quarterly Court of the district to issue letters
for the Guardianship of Minors residing in the district, and
by such letters to empower the Guardians to take and have
the care of the persons and the custody and management of the
property of the Minors for whom they are so appointed,—
subject always to the supervision and control of the Court.
Every application for the appointment of Guardian shall be
made at one Court, and the letters, when granted, shall only

PIONEER LEGISLATION 559

be issuable by the next ensuing Court for a fee of Seven Shil-
lings and Sixpence, payable to himself, the Clerk of the Court
shall record every such appointment and grant a Certificate
of the same.

A Petition was read from Mr. Albert Sargent for the remis-
sion of the difference of duty between the old and the new
rates on a quantity of Spirits imported by him last May. But
the majority of the Council being of the opinion that it was
not advisable to comply with the application, the prayer of the
petition was refused.

A Letter from Mr. Sheriff McKenny was then presented
complaining of the present management of the Post Office ; and
it was resolved that the communication be submitted to the
Postmaster for any statement he might wish to make in reply,
and that thereafter the consideration of the subject should
be resumed, another complaint which Mr. McKenny had made
verbally, regarding an alleged endeavor to prevent the due
serving of a Summons at his instance, was likewise refered to
the President for an investigation and report.

The following Grants were made for the Public Roads.
£20 for the Upper District.
"10 " Lower Do

On the Motion of Mr. Inkster Mr. David Spence of Poplar
Point, was appointed a Petty Magistrate belonging to the
White Horse Plain Section with the usual salary.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the 4th January 1866.

PRESENT

William Mactavish, Esq., Governor of Assiniboia, President.
The Et. Eev. Lord Bishop of Rupert's Land

Councillor of Assiniboia.

The Rt. Rev. Bishop of St. Boniface Do Do

'John Black Esquire, Recorder Do Do

James R. Clair (Clare) Do Do

John Inkster Do Do

Robert McBeath Do Do

Thomas Sinclair Do Do

Henry Eisher Do Do

Maximilian Genton Do Do

Pascal Breland Do Do

Roger Goulet Do Do

560 CANADIAN ARCHIVES

The Bishop of Rupert's Land, Mr. Clare and Mr. Goulet
took usual oath, as members of Council.

The President laid before the Council Messrs. Smith and
Fraser's Report on the memorial regarding the alleged obstruc-
tion of road by James Milligan;^) from which it appeared
that, in their opinion, the complaint was well founded. The
Report was unanimously adopted; and the Council directed
that John Mulligan be accordingly ordered to remove the
obstruction by 1st April next.

With reference to the complaint of Mr. McKenny(2)
regarding alleged irregularities in the Post Office, the Presi-
dent submitted a statement on the subject from Mr. Banna-
tyne accompanied by a document signed by most of the
merchants of the Settlement expressing their satisfaction with
the present Post-Master's management, and also a memorial
from Mr. McKenny with affidavits by himself and others in
support of some of his complaints, and the Council taking the
whole subject into consideration, came to the following resolu-
tion as moved by Mr. Clare and seconded by the Bishop of
Rupert's Land, namely: that in the opinion of the Council the
only complaint by Mr. McKenny in reference to the Post
Office, for which there appeared to be any good ground, was
that of the Post-Master having occasionally given persons call-
ing at the Post Office access to the Mails; that the Council,
however, believed that the Post-Master had permitted this
in the spirit of accommodation to the public and saw no ground
for imputing to him any improper motive in the matter; but
at the same time the Council could not but regard the practice
as one that was open to serious objection; and they therefore
directed that Mr. Bannatyne, on being informed of the result
of this investigation, be instructed to discontinue it in future,
and to make it a rule, that, in the receiving, as well as in the
distributing of the Mails, none but himself or some trust-
worthy person in his employment, be permitted to handle the
letters and papers.

A Petition on the part of the Settlers at Portage La Prairie
was then read, praying for assistance in the establishment of
a fortnightly mail, - between the Post Office and that Settle-
ment— and it was agreed that the sum of Five Pounds be
granted as a contribution towards the object for six months,

O See document No. 101 of Documents relating to Council of Assini-
boia, Prov. Library, Winnipeg.

2 See document No. 97 of Documents relating to Council of Assini-
boia, Prov. Library, Winnipeg.

PIONEER LEGISLATION 561

but on the understanding that it shall only be paid after the
actual performance of the service, for that period in a manner
satisfactory to the Governor.

A communication was submitted from the Editor of the
" Nor Wester/7 and the Council on due consideration of the
subject it referred to, granted the sum of Ten Pounds for
publishing the Minutes of Council and the Public Accounts.

It was unanimously resolved to increase the salary of the
Petty Magistrates to Ten Pounds each and that of the Presi-
dents of the Petty Court for the White Horse Plains and the
Lower Section to Twelve Pounds each.

The President having brought the present licensing regu-
lations under consideration in consequence, as he particularly
informed the Council, of representations made to him of the
difficulty which persons opposed to the granting of a license,
experienced in giving effect to their objections, under the exist-
ing laws, the Council

Resolved that, hereafter instead of objectors being obliged
to appear personally on one and the same day before the licens-
ing Bench, any person authorized by the present law, shall, at
any time during the interval between the application for the
license and the disposal of it, be entitled to appear before the
President and intimate his objection as effectually as he could
now do by a personal appearance on the day of disposal.

The Council unanimously Resolved that, from and after the
1st of April next all duties on Wines and Spirits shall be pay-
able immediately on entry.

It was moved by Mr. Inkster and seconded by Mr. McBeath
that in place of 20/ the fine for Stallions found at large, be
raised to 40/ and the daily pay for keep to I/, but the Council
not being unanimous on the question it was necessarily ordered
to stand over.

The Council then adjourned.

W. MACTAVISH.

Minutes of a meeting of the Governor & Council of Assini-
boia held on the 22nd day of February, 1866, at which were
present the following, viz. : —

William Mactavish, Esq., Governor of Assiniboia, Presi-
dent.

The Bit. Rev. The Bishop of St. Boniface, Councillor of
Assiniboia.

John Black, Recorder, Councillor of Assiniboia.

28159—36

562 CANADIAN ARCHIVES

J. R. Clare, Councillor of Assiniboia.

Jno. Inkster,

Thos. Sinclair,

Robt. McBeath,

Henry Fisher,

Pascal Breland,

Maxn. Genton,

Roger Goulet,

With the view of submitting to the next Council a different
proposal on the subject of an increased fine on Stallions found
•at large, Mr. Inkster, with permission withdrew his former
motion.

The President laid before the Council, a Petition from the
Settlers at Point Coupee, to the number of 27, representing
that, with a view of the instruction of their children, number-
ing, as they state, about 60 in all they had lately built a school-
house, but had not the means of paying a School-Master, and
they were therefore led -to petition the Council for such aid
as it might be thought fit to afford. The Council by a majority
of votes, granted £10, to be payable to the School-Master him-
self ; but in granting that sum, the Council wished it to be dis-
tinctly understood by all concerned, that it would not be con-
tinued; being given for the present year v only, and that it was
not to be drawn into a precedent. For the Council, while
admitting the unquestionable importance of education to the
children of all classes in the community, were fully aware that
the funds at their disposal would not admit of systematic grants
being made for that purpose, and that in the present state of
affairs, the Educational wants of the Settlement must continue
to be met in the same way as they have hitherto been.

With respect to the offence of Horse taking it was unani-
mously Resolved that the fine, as specified in Article. IX of the
printed Code, shall be increased from One Pound to Two
Pounds.

On the Motion of Mr. McBeath, seconded by Mr. Goulet,
it was proposed that the wholesale traffic in liquor should' be
subject to a license, as well as the retail trade, but that one
licence should include both. The Council being divided on
the ouestion, it was necessarily ordered to stand over for next
meeting.

It was resolved that, in future the Petty Court for the
Whi^e Horse Plains Section be held on the Second Monday of
May.

PIONEER LEGISLATION 563

Mr. Clare was appointed one of .the Auditors of the public
accounts to supply the vacancy arising from Dr. Cowan's depar-
ture.

Governor Mactavish informed the Council of his intention
to proceed in a few days, on a visit of business, to England,
and that Mr. Black would as formerly, officiate for him during
his absence, as Governor of Assiniboia.

The Council then adjourned.

W. MACTAVISH

Minutes of a meeting of the Governor & Council of Assini-
boia held on the 28th day .of March, 1866, at which were
present the following Councillors : —

John Blackj Esq., Acting Governor of Assiniboia, Presi-
dent

The Rt. Rev. Lord Bishop of Rupert's Land, Councillor of
Assiniboia.

The Rt. Rev. Lord Bishop of St. Boniface, Councillor of
Assiniboia.

James R. Clare, Councillor of Assiniboia.

John Inkster,

Henry Fisher, " "

Robert McBeath,

Thomas Sinclair,

Maximilian Genton " *

Roger Goulet, "

The President stated that the principal object for which
the present Council had been assembled, was to submit to con-
sideration' a letter which Mr. Chief-Factor Clare had received
by the last Mail from Colonel Adams of the United States at
Fort Abercrombie regarding the Sioux now living about the
Turtle Mountain and other localities near the frontier. In that
letter Colonel Adams intimates that he has been authorised
by Brevet Major General Corse, Commanding the District of
Mina : to use every possible means to induce the hostile Sioux
to surrender themselves at Fort Abercrombie, and to grant
the Sioux protection and entire absolution for all past offences
in the event of their giving themselves up ; and Colonel Adams
asks the aid of such influence from the Settlement, as could
be brought to bear upon the Sioux to accede to the proposals
he had made.

Mr. Clare had replied to the letter ; but the subject being
one that concerned the whole community, it had been thought

28159— 36£

564 CANADIAN ARCHIVES

advisable to call the Council together, in order that such action
might be taken on their part, as the circumstances should be
considered to require.

After full deliberation, the following resolution was pro-
posed by the Bishop of Rupert's Land, seconded by the Bishop
of St. Boniface, and unanimously carried:

That the Council having had laid before them the letter
sent to Mr. Clare by Colonel Adams of the United States Army
at Fort Ambercrombie, on the part of the General Commanding
the Forces, express their hearty concurrence in the terms of
the letter sent by Mr. Clare in reply to Colonel Adams; and
authorise Judge Black and Mr. Clare to communicate the letter
of Colonel Adams to the Chiefs of the Sioux and endeavour
to induce them to accede to its offer; and further give power
to Judge Black and Mr. Clare to supply what provisions may
be necessary to carry the Sioux to Fort Abercrombie and to
commission some Settler or Settlers of position to accompany
the Sioux to Fort Abercrombie and introduce them to the Gen-
eral Commanding the United States Troops, as surrendering
according to the provisions of the letter of Colonel Adams.

With reference to the motion of Mr. Inkster, withdrawn at
last Council, it was proposed and, by the casting
vote of the President, resolved that if any Stallion
of sixteen months old^ or upwards, not licensed
to run at large in the manner hereinafter men-
tioned, be found at large after the 20th day of April next, the
owner shall be fined Four Pounds, one half of which shall go
to the Captor of the horse, and the horse himself may be kept
in pledge till security be given for the payment of the fine ; and
for the keep of the horse the owner shall pay one shilling
per day. Such licenses shall be issuable yearly to the Magis-
trates acting within their respective Districts, and it shall be
lawful for any 'Magistrate acting as aforesaid and after con-
sultation with at least six of the neighbouring Settlers regard-
ing any horse on behalf of which a license shall have been ap-
plied for and of which the Magistrate shall approve, to grant
such license in the terms following: —

A. B. is hereby permitted to let a Stallion years

old run at large for this season.

Red River Settlement
1866.

Magistrate. . .... . . Section.

PIONEER LEGISLATION

565

A Petition was presented from certain " inhabitants of the
Town of Winnipeg ", representing that, owing to their locality
having become a centre of business and a place where liquor wag
sold, the ordinary means of protection were found insufficient,
and praying for the appointment of two Constables for that
neighbourhood, one for duty by night and the other by day.
The subject was considered at some length and it was ultimately
resolved that for the present the matter should stand over.

The Council then adjourned.

J. BLACK.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the 15th day of June 1866, at which were pre-
sent the following Councillors : —

William Mactavish, Esq., Governor of Assiniboia, Presi-
dent.

Rt. Rev. the Bishop of Rupert's Land, Councillor of Assi-
niboia.

John Black, Councillor of Assiniboia.

James R. Clare, Do Do

John Inkster, Do Do

Robert McBeath, Do Do

Henry Fisher, Do Do

Maximilian Genton, Do Do

The Minutes of last Meeting having been read and con-
firmed, a petition was presented from Sister Clupin, Superioress
of the Sisters of Charity at St. Boniface, praying that the pre-
sent road between the Catholic Cathedral and the Convent might
be shut up, and, that in place thereof another road might be
accepted which the Bishop of St. Boniface had offered to give
on the lower side of His Lordship's property, as particularly
pointed out in a Map produced with the Petition.

The Council after due consideration of the subject Resolved,
first, that permission be given to shut up the old road, on con-
dition of the new road being granted, according to the map pro-
duced, and of that new road being put in a proper state for
public use ; and, second, that Bishop Tache's offer to remove the
German Creek Bridge at his own expense be accepted, but that
Messrs. Goulet and Eraser be appointed to lay before the Coun-
cil an estimate of the cost of removing the old Bridge, with a
view to a similar sum being granted by Council in aid of its
removal to its new position

566 CANADIAN ARCHIVES

With regard to the Hay-Making, the Council unanimously
fixed the 26th of July as the day for beginning to cut Hay
this year.

The sum of One Hundred Pounds were granted for the
public roads and Bridges of the middle District.

A Petition was presented from Pierre Poitras praying for
the appointment of another Constable to relieve him from a part
of his share of duty in that District; but, Magnus Berston
having some time ago been appointed, the Council could see no
necessity for another Constable.

A Petition was then presented from Mr. William Drevev
and others, setting forth the Petitioners opinion of the import-
ance of the products of this country being represented at the
approaching Paris Exhibition, and intimating that the official
who had the charge of representing the productions of Canada,
had offered to receive into the Canadian Collection any thing
that might be sent from this country free of expense after
delivery at Toronto or Montreal.

The Council considered that Specimens ought to be received
from .such persons as might choose to furnish them gratuitously
to be afterwards forwarded by the Council to Canada ; and
Governor Mactavish finally informed the Council that after
more fully satisfying himself as to the willingness ofthe Cana-
dian Officials to take charge of articles from this country, he
would be ready to receive such specimens as might be sent him.

From Antoine Grouette, the Jailor, a petition was presented
for an increase of salary on various grounds therein fully men-
tioned; and the Council having taken the matter into consider-
ation unanimously raised his salary to Forty Pounds a year,
such sum moreover, to be in full of salary and all allowances
of every kind.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the 23rd day of June 1866 at which the follow-
ing Councillors were present: —

John Black, Acting Governor of Assiniboia, President.
James R. Clare, Councillor of Assiniboia.

Eobert McBeath, Do Do

Henry Fisher, Do Do

Thomas Sinclair, Do Do

Maximilien Genton, Do Do

Roger Goulet, Do Do

PIONEER LEGISLATION 567"

In briefly explaining the object for which the Council had
been summoned on such short ' notice, the President expressed
his regret at its having been found necessary to assemble the
Council so soon after their last meeting. But an occurrence had
taken place the day before yesterday which had caused consider-
able apprehension in the public mind, and might possibly call
for the adoption of some precautionary measures on the part
of the Council. On that day a Band of Sioux Indians in dis-
regard of the advices which the authorities had constantly given
that Tribe to keep away from the Settlement entirely, had
been visiting Fort Garry and were quietly taking their departure
in company with a number of Saulteaux, who had visited the
establishment, the same day, when a distance of about a mile
from tlie Fort, the Sioux were suddenly fallen upon by a Band
of Red Lake Indians who had just come into the Settlement, and
four of them shot down on the spot. The rest of the Sioux fled
for their lives, and the Saulteaux made their escape in another
direction, — the destination of the former being supposed to be
Portage La Prairie and that of the latter, the Red Lake Country.
But, although both bands of Indians had thus gone away, it
seemed by no means improbable that the Sioux, after being re-
inforced by the main body of these Indians now understood to
be living about the Portage and the Turtle Mountain might
ere long, return in larger numbers to the Settlement, partly
wi!.h the view of retaliating upon some of the Saulteaux
Tribe, and partly, it might, perhaps, be, with the idea of seek-
ing from the Settlement some kind of satisfaction for what
had happened. From all that had been heard on the subject,
it was not supposed that the Sioux imagined that anyone con-
nected with the Settlement could have either foreseen or pre-
vented the occurrence ; but at the same time it was difficult to
say in what light the capricious mind of an Indian might regard
the affair ; and therefore it had been thought right to bring the
whole subject before the Council.

After mature deliberation the Council unanimously
Resolved, that, with a view to the likelihood of the Sioux
returning in considerable numbers, and to the importance of
preventing the Settlement by every possible means, from again
becoming the scene of serious collisions between hostile bands
of the Sioux and Saulteaux Indians, the Acting Governor be
empowered to collect from among the Settlers a body of from
fifty to one hundred mounted armed men to meet the Sioux
on their way to the Settlement, and in the event of its being

568 CANADIAN ARCHIVES

found impossible to persuade them to go back, to escort them
into and out of the Settlement, and to take such other measures
for the preservation of the public peace and safety, as might
be deemed necessary.

The Council then adjourned,

J. BLACK.

Minutes of a meeting of the Governor & Council of Assini-
boia held on the 29th day of November, 1866, the following
Counsellors being present, viz. : —

William Mactavish, Esq., Gov. of Assiniboia, President.

The Rt. Rev. Lord Bishop of Rupert's Land, Councillor of
Assiniboia.

The Rt. Rev. Lord Bishop of St. Boniface, Councillor of
Assiniboia.

John Black, Recorder, Councillor of Assiniboia.

William Cowan, Councillor "of Assiniboia.

Maximilian Genton,

Roger Goulet, "

Robert McBeath, " "

John Inkster,

The President informed the Council that one object for
which they had been called together, was to consider the ques-
tion of the appointment of a President for the Petty Court at
White Horse Plains; and the Council after due deliberation
unanimously appointed Mr. Wm. Robt. Smith to that office
with the Salary belonging to it,

Mr. Norbert Larence was appointed a Petty Magistrate
for the Middle District Petty Court.

The President submitted to the Council a petition which
he had received from the Reverend Mr. Black the Minister
of the Presbyterian Church Kildonan, praying that the fee
chargeable on marriage licences granted to members of his
communion, instead of being carried +o the credit of the public
Fund as heretofore, should, in future, be available to the
Presbyterian Church, in the same way that the Heads of the
other Denominations in the Settlement were permitted to draw
the fees on Licenses to persons belonging to their respective
Bodies ; and the 'Council deeming the application just and
reasonable unanimously

Resolved, That the Fees hereafter receivable bv the Gov-
ernor of Assiniboia for Marriage Licenses granted by him to

PIONEER LEGISLATION 569

members of the Presbyterian Community, be handed over to
the senior Minister of the Presbyterian Church in behalf of
that Body.

A Petition was presented from Messrs Garratt, Thomas
and Joachim, for the reduction of the Distillers Licence; but
the Council not seeing any sufficient reason for the proposed
change, Resolved that no alteration of the law be made at pre-
sent.

The President directed the attention of the Council to the
present mode of granting letters of Administration in cases
of intestacy, and suggested for consideration, whether, instead
of such letters continuing to be issued by the Governor of Assi-
niboia, according to the present law, it would not be advisable
to transfer the duty to the General Court, thereby placing
them on a similar basis to that lately established for the issuing
of Letters of Girardianship ; And the Council, regarding the
change as desirable unanimously

Resolved, That, hereafter, the General Quarterly Court
shall be and is empowered to grant letters of Administration
in cases of Intestacy within the District of Assiniboia; that
the application for such Letters shall be made at one Court,
and the Letters issuable only at the next ensuing Court, public
notice to all concerned being, in the meantime, given, at the
Court-house door, of the act of such application having been
made. For the Letters of Administration, when granted by
authority of the Court, the Clerk of the Court, shall be entitled
to a fee of 7/6 from the applicants.

The Council then adjourned.

W. MACTAVISH

Minutes of a meeting of the Governor and Council of Assini-
boia held on the 7th day of March, 1867, the following Coun-
cillors being present, viz. : —

William Mactavish, Esq., Governor of Assiniboia, Presi-
dent.

. The Rt. Rev. Lord Bishop of Rupert's Land, Counsellor of
Assiniboia.

The Rt. Rev. Bishop of St. Boniface, Councillor of
Assiniboia.

John Black, Esq., Recorder of Assiniboia, Councillor of
Assiniboia.

570 CANADIAN ARCHIVES

William Cowan, M.D., Councillor of Assiniboia.

John Inkster, <• "

Kobert McBeath, "

Henry Fisher, "

Thomas Sinclair, " "
Koger Goulet,
Maximilian Genton,

The Governor stated that he wished to bring under the con-
sideration of the Council the question of organizing some small
local Force for protecting the Settlement from Indian distur-
bances, such as unhappily occurred last Summer, and for the
more effectual prevention and punishment of those Indian de-
predations upon the Cattle and other property of the Settlers,
which even already were of too frequent occurrence, and would
probably go on increasing, unless some better means, than now
exist, were devised for the detection and punishment of these
offenders.

The mere fact of the existence of such a force of reliable
men, — however small in numbers,— would, in his (the Gov-
ernor's) opinion do much to avert from the Settlement the re-
currence of such outrages, as had taken place last year between
the Red Lake Indians and the Sioux; and to his mind, it fur-
ther appeared that such a body might also be highly useful in
more effectually securing the execution of warrants against In-
dians charged with Cattle Killing, but who in some cases were
not apprehended, owning, in a great measure, as~ the Governor
believed, to the want of such a force amongst us.

On a subject of such importance, the Governor further ob-
served, that he hardly expected the Council to come to any im-
mediate determination; and therefore his present object was
merely to submit the matter to consideration, with the view of
soon again taking up the question at another Council, and of
possibly then seeing the way to the adoption of some practical
measure.

In the course of the discussion which followed upon these
remarks, the Council expressed an unanimous sense of the im-
portance of the question to which they referred and of the great
desirableness of some practical effect being given to them.
The extent of the force to be raised, the attendant expence, and
other points connected with the project, were, in a general way,
brought under discussion; but the Council not being prepared
for the adoption of any definite measure, the whole subject was
deferred for further consideration at a future meeting.

PIONEER LEGISLATION 571

The Governor then stated that his attention had lately been
specially directed to the fact, that, at present, there was no law
to prevent the carrying of Spirits out of the Municipal District
and supplying them to Indians, — a practice which was obviously
calculated to produce many serious evils and which therefore
it would be very desirable to check, if possible.

In connection with the subject, the Governor submitted to
the Council a despatch which he had recently received from His
Excellency Lieut. General Sir John Michel, as Administrator of
the Government of Canada, accompanied by the copy of a des-
patch which he had received from Sir Frederick Bruce, Her
Majesty's Minister at Washington, with copies of two letters,
communicated to him by the Secretary of State of the United
States, in reference to the demoralisation produced among the
Indians of the Upper Missouri by the sale of Whiskey to them
by persons alleged to be British subjects; — and in which letter
from the Governor of Canada, the hope is expressed that en-
quiry be made into the matter referred to, and, if it should be
ascertained that persons living under the jurisdiction of the
authorities of this country, wrere carrying on a traffic in ardent
Spirits with Indians living within the territory of the United
States, such steps might in the interests of civilization and
morality, be taken for restraining them, as should be deemed
advisable.

The importance of the question raised by these representa-
tions, the Governor observed, was undeniable, and if it were
the fact that spirituous liquor was supplied by Traders from the
British Settlement, not only to the Indians of this Territory
living beyond the limits of the Municipal District, to which is
restricted the operation of the existing local regulations against
supplying Indians with the means of intoxication, but also to
the Indians of the United States Territories there was no doubt
that it became highly desirable to devise means for the sup-
pression of so pernicious a traffic, but with so widely extended
a frontier in such a country and so limited a staff of officers to
watch it, the great difficulty was how to give practical effect to
any new law that might be passed on the subject, and, moreover,
it appeared to be by no means certain, that it was not by
American citizens themselves, that the traffic complained of
from Washington was principally carried on.

The Council, while earnestly deprecating the supplying of
Spirits to the Indians either on American or British Territory,
whether by American Citizens or by British Subjects, yet could

572 CANADIAN ARCHIVES

not but perceive very considerable difficulty in the application
of any effectual remedy; and it was therefore determined to
postpone the further consideration of the whole subject to some
future meeting.

On the proposal of Mr. Inkster, seconded by Bishop Tache,
the salary of Mr. John Eraser, Road Surveyor, was fixed at
£25; — that rate to apply to the current year.

There was then presented a Petition from a number of the
residents at Portage La Prairie representing in substance that
the system of self-government which they had been trying to
set up among themselves in that quarter had not been successful,
and praying, as a means of being relieved from the evils of the
present state of things, that their Settlement might be brought
within the jurisdiction of the authority of Red River, or, in
other words, that the Portage La Prairie might be annexed to
Red River Settlement. At the same time there was laid before
the Council a Counter Petition from about an equal number of
Portage Inhabitants deprecating the immediate annexation of
their Settlement to Red River as being in their opinion prema-
ture and praying the Council to postpone, at all events for a
short time, any final action in the matter.

After due deliberation on both Petitions the following re-
solution was unanimously adopted: that, while entertaining a
favorable inclination towards the object of the Petitioners who
have sought for the annexation of their Settlement to Red Rivei
as a means of securing for themselves the advantages of better
Government than they now have under the system of self-gov-
ernment which they have been endeavoring to carry on, and
while deeply impressed with the importance of the whole ques-
tion, the Council deemed it advisable to defer any final decision
on the subject to some subsequent Meeting.

Through the Postmaster, Mr. Bannatyne, an application
from Dr. John Schultz was laid before the Council, offering for
a yearly allowance of £6 to carry a bi-weekly mail to
the Portage: but, as it appeared to the Council that no such
Postal arrangements could properly be entered into at present,
the Council did not deem it expedient to accept of Dr. Schultz's
offer.

On the part of John Omand a petition was submitted for
reparation for a loss which he was said to have sustained on the
10th of January last by a horse of his, while crossing the public
Bridge on the road opposite. Dr. Bird's, having broken its leg
by falling through a hole in the Bridge, thereby causing the en-

PIONEER LEGISLATION 573

tire loss of the animal, which he valued at fifteen pounds. But
the Council, considering it necessary to be made more fully
acquainted with all the circumstances of the case, before they
could satisfactorily dispose of the claim, one way or the other,
resolved that Mr. McBeath and Mr. Inkster be appointed a
Committee to enquire into the facts of the case by visiting the
spot and by examining any persons who might have witnessed
the accident or might know what was the precise condition of
the Bridge at the time of its occurrence ; Mr. McBeath to report
to the next Meeting of Council.

A Petition was read from Mr. McKenny and four of his
neighbours complaining of the inconvenience which they suf-
fered from the operation of the present law, restricting the sum-
monses of the Petty Magistrates to their own respective Sec-
tions. The Petitioners represent that, under the present law,
they are compelled as plaintiffs to institute proceedings and
attend Court in such Section as the Defendants happen to reside
in, and they pray for such an alteration of the law, as would
enable them to raise actions for debts and damages in the same
Sections of the Petty Court as those in which the Petitioners
themselves reside.

The Petition was referred to Mr. Black, Dr. Cowan and,
Mr. Sinclair, as a Committee to consider the question and re-
port, Mr. Black to be Chairman of the Committee.

There were then presented several Petitions from different
Districts in the Settlement praying for the appointment of Dr.
Schultz to fill the vacancy in the Council, caused by the death
of Mr. Chief Factor Clare, likewise a letter from Mr. Thomas
Spence to the Clerk of the Council explaining in his capacity of
Secretary to a certain "Petition Committee" the difficulty they
had felt in framing their Petition, and giving, on the part of
that Committee, an interpretation of what they understood to
be the real view and wishes of the Petitioners. A Counter
Petition from other Inhabitants was also presented praying the
Council not to appoint Dr. Schultz to a seat in it, as being in
their opinion not an eligible person to fill the office.

The Council, in considering the Petition and the Counter
Petition, regretted to observe that on both sides the petitioners
had proceeded under the erroneous impression that the Coun-
cil had the power of appointing its own Members, whereas it is
by the Governor and Committee of the Hudson Bay Company
that these appointments are made; and under these circum-
stances the Council felt that they could only refer the Petition

574 CAiNADlAJ* AKCHIVES

and Counter Petition, with Mr. Spence's letter, to the Hudson's
Bay Company, and the Clerk was directed to inform the parties
accordingly.

On the motion of the Bishop of Rupert's Land, seconded
by the Bishop of St. Boniface, the following resolution was un-
animously adopted : —

The Council desire at this, which is its first meeting since
the lamented death of Mr. Clare, to express -their deep sense of
the loss which they have suffered ; and they request that the
Governor will kindly communi<jate this Resolution to Mrs.
Clare as a mark of their deep sympathy with here in her be-
reavement.

Mr. Black gave notice that with the view of preventing the
cruelties, the losses and inconveniences arising from the present
unsatisfactory state of the law regarding strayed Cattle and
Horses, he would at the next Council, propose a new Impound-
ing law — also a law to prevent unauthorized persons from
bringing into the Settlement from the Plains horses not belong-
ing to themselves and then advertising them as lost horses that
have been found.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assini-
boia held on the 12th day of April 1867 — at which the follow-
ing Councillors were present, viz:

William Mactavish, Esq., Governor of Assiniboia, President

The Rt. Rev. The Lord Bishop of Rupert's Land, Coun-
cillor of Assiniboia.

The Rt. Rev. The Lord Bishop of St. Boniface, Councillor
of Assiniboia.

John Black, Recorder and Councillor, Assiniboia.

William Cowan, Esq., M.D.

John Inkster, "

Henry Fisher, " "

Robert McBeath,

Thomas Sinclair

Roger Goulet,

The Governor, referring to the question of a local Force,
which had been brought under consideration at the last meeting
stated, that one of the principal objects for which the Council
had now been assembled, was to determine what was to be done
on that subject

PIONEER LEGISLATION 575

The Council perceived that there were two leading objects
contemplated by the Establishment of a Local Force, — one of
them being the more certain execution of the laws against In-
dians committing depredations upon the Settlers' Cattle; and
the other being the prevention of hostile meetings within the
Settlement between different tribes of Indians, such as occurred
last Summer, to the danger and alarm of the whole community.

With regard to the former of these objects, the Council
was of the opinion that, by the addition of a small number of
the present staff of Constables and by the adoption of means
for securing a greater degree of efficiency on the part of these
officers, all that was necessary might be attained for the due
punishment of the particular class of offenders referred to;
and, with the view of obtaining such increased efficiency, the
Council Resolved, that before appointing the Constables for
the ensuing year beginning on the 1st September next, the
Magistrates should make a point of fully satisfying themselves
of the sufficiency of the qualification of every Constable to be
then appointed, not only as regards the knowledge of his duty,
but also his ability and energy in performing it. For that
purpose, it was determined, that the Magistrates shall assemble
at the Court House in the last week of August, when the Con-
stables have to be paid and appointed. — In connection with
the subject, the Council was led to consider the expediency of
appointing a Superintendent of Constables, but after some dis-
cussion the Council deemed it best to leave that question in
the hands of the Governor, to be dealt with in whatever way
he mia;ht think most advisable.

With respect to the latter of the two objects referred to,
the protection of the Settlement, namely, ,against the dangers
connected with Indian hostilities, the Council, while
fully sensible of the desirableness of having at
command a force sufficient to control isuch disturb-
ances, expressed at the same time an opinion that
any Force, to be effective for that purpose, would
require to be of very considerable strength, and to be besides,
thoroughly organized and regularly disciplined, conditions,
which the Council believed, could not be secured, without in-
volving the Settlement in an expense which, with its present
revenue, it could not afford. There was at present, no special
ground for apprehending a recurrence of the events of last
Summer; and believing as the Council did, that, in the event
of the Settlement being suddenly threatened with danger from

576 CANADIAN ARCHIVES

a similar cause, the Inhabitants from a motive of self-preser-
vation, might reasonably be expected to yield a prompt and
cheerful response to any call that might be made for their ser-
vices as Volunteers to avert a common danger, the Council did
not consider it advisable to proceed further in the matter at
present, and unanimously adopted the following Resolution,
That, at present, the Council perceive considerable
difficulties in the way of embodying any permanent Local
Force, and therefore deem it expedient to confine themselves to
authorizing some small addition to the strength of the present
Constabularly Force and to pointing out the arrangements al-
ready suggested for making that Body more efficient.

The Council then resumed the consideration of the Annexa-
tion Petitions from Portage La Prairie, and it appearing, on
the question being put, that the Council was not unanimous,
the final disposal of it was necessarily, according to the Stand-
ing rule, reserved for the next Meeting.

Recurring to the application of John Omand, the Council
unanimously adopted the following resolution : That the Coun-
cil having heard the report of Mr. McBeath and Mr. Inkster
on John Omand's petition for compensation for the loss of his
Mare agree to pay him Fifteen Pounds as her value; but, in
granting this compensation, the Council desire to guard them-
selves against any admission of their liability for any accident -
which may not be clearly attributable to negligence on their
part.

As Chairman of the Committee appointed to consider the
Petition of Mr. McKenny and others presented at last Meeting
Mr. Black submitted the following Report :

To the Honourable the Governor and Council of Assini-
boia

Report of the Committee appointed 7th March 1867 to
consider the Petition then presented for extending, the range
of the writs of the Petty Courts beyond the limits of their own
respective Sections:

Your Committee has to say that they have duly considered
the question which was submitted to them on the 7th ulto;
and, while they admit,- there are some reasons in favor of the
change proposed by the Petitioners, there are others of greater
weight, inclining your Committee to the opinion that it would
not be expedient to adopt the suggested alteration.

On the other hand, your Committee perceive that, in com-
pelling a Creditor to sue his debtor in the Section where the

PIONEER LEGISLATION £77

debtor resides, instead of that where the Creditor himself is
living, there is an apparent hardship imposed upon the party
who is, ostensibly at least, a sufferer already ; but, on the other
hand, your Committee have felt bound to consider:

1st That, until the action has been tried, the existence of
the debt is an open question

2nd That the proposed change would necessarily entail
increased costs by the Mileage incurred in sending the Writs
from one extremity of the Settlement to the other; and as the
Petty Court Suits are only for comparatively small amounts
it seems undesirable to introduce a change which would have
the effect of increasing expenses without any compensating ad-
vantage that your 'Committee can discover; and

3rd That your Committee are informed that, in point of
fact, by far the greater number of the causes of action before
the Petty Courts, arise in one particular Section; and, if that
be so, it is evident that the effect of the proposed change would
lead to an unnecessary withdrawal of actions from other Sec-
tions, and to an inconvenient accumulation of cases in the Sec-
tion referred to, an accumulation which, to say nothing of
other objections that might be urged against it, would have
an obvious tendency, by delay, to increase still farther the
expenses of the Suit.

On the whole, therefore, your Committee beg respectfully
to report, that, in their opinion, it is not advisable to make any
change in the present mode of issuing writs for the Petty
Courts.

(Signed) JOHX BLACK,
_ Chairman.

Red River

10th April, 1867.

And the Council concurring in the views of the Commit-
tee, they unanimously adopted the Report.

In conformity with the notice given on the subject, Mr.
Black then submitted a series of resolutions regarding the
impounding of strayed Cattle and Horses; and, it was offered
that they lie over for further consideration.

On the subject of horse driving, also included in Mr.
Black's former notice, the Council unanimously passed the
following law, to take effect from the 1st of May next:

Whereas a practice has grown up, of persons bringing into
their own premises in the Settlement horses from the Plains

28159—37

578 CANADIAN AECHIVEB

not belonging to themselves on the plea that they are lost horses
which they have found, and then shutting up the horses, and,
with more or less of publicity, advertising them and calling
upon the owners to appear and prove their property, even as
it sometimes happens, without their being given the opportun-
ity of seeing the animal, and further requiring the owners,
when they can prove their property to the satisfaction of the os-
tensible finder, to pay him such expenses as he himself may
choose to demand;

And whereas the practice is often productive of great in-
convenience and loss to the owners of horses turned out to pas-
ture.

It is therefore unanimously Kesolved that, if without the
authority of the owner of the animal any person shall from any
part of the Municipal District, bring or cause to be brought
into the Settlement, and shall put or cause to be put into any
enclosure Stable or Byre not belonging to the owner of the
animal, any horse, mare, gelding, colt or filly, or shall know-
ingly keep it in his possession or with his own band of horses,
so as intentionally to deprive the owners of the use of the ani-
mal, such person shall, — in addition to his liability to the
owner for civil damages, — be liable to a Penalty of Ten Pounds,
of which one half shall belong to the informer prosecuting
the offender to conviction; and it is further Resolved that the
Petty Courts shall have power to hear and decide all actions
for the recovering of the Penalty arising from the breach of
this law.

A Petition was read from William Henderson, offering
for the sum of Fifteen Pounds, to take the Superintendence
of the Middle District Roads, or the Middle and Lower District
roads together, for Twenty-five Pounds, on condition of his
being allowed the privilege of working on the roads himself.
But the Council, having it in view to proceed, at an early date,
to consider the whole of the necessary Road arrangements for
the ensuing Year, was not in a position to come to any final
determination upon Mr. Henderson's proposals.

The Governor informed the Council that Mr. James McKay
had offered without salary, to Superintend the Road from
Sturgeon Creek to the Forks ; and the Council being of opinion
that it would be proper to take the benefit of the offer, they
advised that the Governor should accept the proposal, on con-
dition, however, that the expenditure on that portion of the

PIONEER LEGISLATION

579

Road be kept within limits proportionate to the allowance for
public works on the rest of the roads.

The Council then adjourned,

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assini-
boia held on the 30th day of April 1867.

Present :

William McTavish Esq., Governor of Assiniboia, Presi-
dent

Rt. Rev. the Lord Bishop of Rupert's Land, Councillor of
Assiniboia.

John Black Esq., Recorder, Councillor of Assiniboia.

William Cowan Esq. M.D.

John Inkster Esq.

Robt. McBeath Esq.,

Maximilian Genton Esq.,

Roger Goulet Esq.,

The Governor again brought under notice the question of
the Portage petitions regarding annexation; and, after some
further discussion, the Council unanimously resolved that the
whole subject still lie over.

The attention of the Council was then called to the neces-
sary Road arrangements ; and the Council being of opinion that
a subdivision of the present Districts, is desirable; they re-
solved that in place of the existing four Sections, the Settle-
ment be divided into the following ten, with Superintendents
and salaries stated opposite to them, namely
I. From the Sturgeon Creek up-
wards on both sides of the Assini-
boine and from the Forks up-
wards on the South side.
II. From the Sturgeon Creek (In-
cluding the Bridge down to the
Upper end of Ross's Bridge
West side of River.,
III. From the Upper end of Ross's
Bridge down to St. Paul's
Church West Side.
28159—371

Patrice Ereland
£10. 0.0.

James McKay
7\~o Salary.

John Fraser
£10.0.0.

580 CANADIAN ARCHIVES

IV. From St. Paul's Church to St. Thomas Sinclair
Andrew's Church West Side. £10.0.0

Y. From St. Andrew's Church to Donald Gunn

St. Peter's Church West Side. £10.0.0.
VI. From St. Peter's Church to St.

Andrew's East Side. £5.0.0.

VII. From St. Andrew's to St. Paul's David Banerman
East Side. £6.0.0.

VIII From St. Paul's to German William Henderson
' Creek East Side. £8.0.0.

IX. From German Creek to Marion's Pierre Gladieux
Ferry East Side. £8.0.0.

X. From the Forks to Point Coupee Norbert Larence
West Side. £5.0.0.

Mr. Black then stated that he had been applied to regard-
ing the insufficiency of the present regulation respecting the
trespass of Pigs and had been requested to propose some such
alteration as might protect the Settlers lands &c from the
injury they sustained by Pigs being allowed to run at large
and thereby not only damaging their enclosed fields, but root-
ing up and destroying the young wood growing on their lots.
Mr. Black had been given to understand that the present law
was quite inoperative, and believing that some alteration was
necessary, he proposed a resolution imposing a fine of twenty
shillings on the owner of every pig trespassing beyond its
owner's grounds. But the Council not being unanimous, the
question ordered to stand over till next meeting.

The Council then adjourned. \

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the 20th day of May 1867 when the following
Councillors were present, viz. : —

William Mactavish Esq., Governor of Assiniboia, Presi-
dent.

The Rt. Rev. The Lord Bishop of Rupert's Land, Coun-
cillor of Assiniboia.

John Black Esq.. Recorder of and Councillor of Assini-
boin.

PIONEER LEGISLATION 581

William Cowan, Councillor of Assiniboia.

John, Inkster, " . "

Robert McBeath, " "

Henry Fisher " "

Maximilian Genton " "
Solomon Amlin,

Tlhomjas Sinclair, " <f<

Roger Goulet Esq., "

The Governor submitted a letter from Messrs James Mc«
Kay and Robert Tait making proposals for taking charge of
the public Ferry at the Forks and building a Bridge acrosa
the Assiniboine; and the Governor, with a view to the possi-
bility of some arrangement being made with them, desired to
ascertain the opinion of the Council on the subject.

The Council in general terms expressed themselves favor-
able to the project, as being one, which, if properly executed,
would greatly promote the public convenience; and were dis-
posed to encourage the enterprise by giving a very long lease
of the Ferry on fair conditions, and by voting a liberal grant
in aid of the building of the Bridge.

On some points of their offer Messrs. McKay and Tait had
left some room for doubt, as to the precise conditions they
would accept ; and therefore, the Council advised that the Gov-
ernor confer farther with them on the subject, with a view
to an exact settlement of the terms of a regular agreement —
such agreement, before being actually concluded, to be sub-
mitted to the Council for final approval.

The Council, having resumed the former motion regarding
trespassing Pigs, it was Resolved by a Majority That Article
VIII of the present code of regulations of llth April 1862 be
repealed, and in place thereof, it was by the same majority
Enacted that, Where any Pig shall go beyond its owner's
ground, the owner of the Pig, (over and above his liability
for all actual damage by the trespass) shall be fined Ten Shil-
lings; which fine shall be recoverable in the Petty Courts at
the suit of the person upon whose ground the trespass has been
committed, provided, however, that, in any case, where the
pig, trespassing as aforesaid, shall have broken out of its own-
er's enclosure, without any negligence on his part, and where
on being informed of the fact of the Pig being out, the owner
has immediately got it shut up again, he shall not be liable
for the fine, but only for such damage as the pig shall have
actually caused by the trespass.

582 CANADIAN ARCHIVES

Hay-cutting.

The Council immediately fixed the 2<5th of July for the
commencement of hay-cutting.
And then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of
Assiniboia held on the 23rd d.ay of January 1868, when the fol-
lowing Councillors were present, viz. : —

William Mactavish Esq., Governor of Rupert's Land,
President.

The Kt. Rev. Lord Bishop of Rupert's Land.

The Rt. Rev. Lord Bishop of St. Boniface.

John Black, Recorder.

William Cowan

John Inkster

Solomon Amlin

Thomas Sinclair

Maxim Genton

Henry Fisher

Curtis Bird

T ir TT v Councillors of Assiniboia.

James McKay

Thomas Bunn
William Eraser
John Sutherland
William Dease
William Inkster
A. G. B. Bannatyne

After the Minutes of the former Council had been read the
Governor mentioned that the following gentlemen viz. A.G.B.
Bannatyne, Curtis Bird, James McKay, Thomas Bunn, Wil-
liam Erazer, John Sutherland, William Inkster and William
Dease Esquires had been appointed members of Council under
Commissions which have been already delivered to them. The
Clerk of the Council was therefore requested to administer to
them the Oath of Office, which he accordingly did in the ordin-
ary form.

With reference to the proposal notice in the former Minutes
for erecting a Bridge over the Assiniboine the Governor in-
formed the Council that no further step had been taken in the
negotiation with Messrs McKay and Tait, and therefore that
the project might be looked upon as abandoned for the present.

PIONEEB LEGISLATION 583

The President next mentioned that his principal object in
assembling the present Council was to direct their attention to
an occurrence which had taken place on Friday last the 17th
instant and to request their advice as to what measures it
might be best to adopt regarding the same. On the day men-
tioned, the Sheriff, in the discharge of his duty had proceeded
to the store of Dr. Schultz for the purpose of levying upon his
goods in execution of a judgment, which had been pronounced
against him at the General Quarterly Court in May last, in
an action at the instance of Mr. F. E. Kew of London, acting,
through his agent, Mr. John Inkster, for this Settlement.

While proceeding with the levy, the Sheriff and his Bailiffs
were assaulted by the Deft, and being thus unlawfully dis-
turbed in the performance of his duty, the Sheriff immediately
carried the Defendant before Mr. Goulet a Justice of the Peace
on a charge of assault. Mr. Goulet, after due investigation
committed the Deft, for trial upon the charge of having as-
saulted the Sheriff in the lawful execution of his duty. But
the same night the Defendant was rescued from Prison by a
band of about a dozen men, of whom some appear to be known.

The defendant was conveyed by them to his own house and
there the President believed he still remained. The substantial
question which the President wished to submit to the Council
was, what they considered best to be done in the circumstances.

After full deliberation it was proposed by Mr. McKay
seconded by Mr. Bannatyne and unanimously carried that
the judgment of the General Quarterly Court against Dr.
Schultz for balance of a note of hand due F. E. Kew be car-
ried out.

It was further proposed by Mr. A. G. Bannatyne, Sec-
onded by Dr. Bird, and unanimously carried " That one hun-
dred men be immediately sworn in as special Constables to
enforce the carrying out of the above resolution and that they
or part of them be organized into a permanent force if con-
sidered necessary "

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assini-
boia held on the 5th Day of February 1868 at which were
pnesent the following Councillors : —

William Mactavish Esq., Governor of Assiniboia, Presi-
dent.

Councillors of Assinboia.

584 CANADIAN ARCHIVES

The Kt. Eev. Lord Bishop of Kupert's Land.

The Kt. Kev. Lord Bishop of St. Boniface.

John Black Esq., Kecorder.

Dr William Cowan

John Inkster

Henry Fisher

A.G.B. Bannatyne

Curtis Bird

William Inkster

William Frazer

John Sutherland

William Dease

Thomas Bunn

James McKay

The President referring to the proceedings at last Meeting,
— informed the Council, that, from varying causes, of which,
as he believed, the principal one was the want of a clear under-
standing among the people as to the object for which they were
to be sworn in as special Constables, and the conditions under
which they were to act, there had not been such a response to
the first call as had been expected and he therefore wished to
ask the advice of Council as to the means to be adopted for
more effectively attaining the end in view.

After full deliberation on the subject Dr. Bird proposed
and Mr. Bannatyne seconded, the following two resolutions,
which were unanimously carried.

1st That an order be issued by the Governor requiring all
settlers to act as special Constables; and to be in attendance
at the Court House on Monday next the 10th Instant at 12
o'clock to enforce the law.

2nd That the mode of making the order public be, that
every Councillor be furnished with a Copy and go round a
certain district arid take the signatures of those to serve as
Special Constables.

The President afterwards brought under notice some cor-
respondence which had recently taken place regarding certain
Mules, the alleged property of United States Government,
which were said to have been brought into the Settlement by
Deserters last year ; and in conformity with the suggestions of
Her Majesty's Government and the instructions of the Board
of Directors of the Hudson's Bay Company, he desired to sub-
mit to the Council the expediencv of their enacting such a
law as that which was recommended.

PIONEER LEGISLATION 585-

The Council in general terms expressed their sense of the
importance of the subject, as well as of the desirableness of
preventing by every means the commission of such offences as
those referred to; and with the view of a fuller consideration
of the matter, deemed it advisable to postpone the whole sub-
ject to another Meeting.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the 18th day of May 1868 at which were present
the following Councillors, viz. :

Governor Mactavish, President

John Black Esq., Recorder of Assiniboia

Thomas Sinclair

William Cowan, M.D.

Henry Fisher

James McKay

Thomas Bunn , ~

John Sutherland Councillors of Assiniboia.

William Eraser
Solomon Emlin
A. G. B. Bannatyne
William Dease.

Referring to the question of a new law for dealing with
the cases of deserters from the United States, bringing into and
selling in the Settlement property belonging to the United
States, the Governor stated that, while, with the Council, he
was most desirous of seeing such offenders duly punished and
'offences of that nature effectually prevented for the future,
he yet saw considerable difficulty in the enactment and execu-
tion of any special law on the subject; and it therefore
appeared to him that, for the present, at all events, those cases
must be dealt with under the general law of the country —
possibly, in that way an adequate remedy might be found;
and, of course, every facility would be given the United
States Government for obtaining such redress as the general
Law of the Country might be capable of affording. The
Council concurred in these views, and the matter dropped.

On the motion of the Bishop of S.t Boniface, seconded by
Mr. J. Sutherland, the Council unanimously resolved that the
existing Road arrangements as to Sections, Surveyors, and
Salaries, be continued for another year.

CANADIAN ABOHIVES

It was also unanimously resolved to continue, for another
year from the end of the current month, the three Town
Constables on the same terms.

A Petition was presented from Mr. Hall and others for a
road on the South side of the Assiniboine from Sturgeon Creek
to Headingly.

Having duly considered the Petition the Council resolved
that Mr. Sabine be instructed to make a survey of a two chain
road, up to Mr. Lane's post, together with an estimate of the
probable expense of making the road ; and should the Governor
find the estimated cost reasonable, the Council authorise the
making of the road.

Mr. Sutherland presented a Petition from the Rev. Mr.
Black praying for certain changes in the present Licensing
Law with the view of enabling the inhabitants more effectually
to check the injurious increase of public-houses ; but the Council
having already determined, at an early date to take uj> the
consideration of the whole of the existing Liquor Laws with
a view to their alteration and improvement, in various respects,
the further consideration of the petition was deferred till that
time.

In order that all the licenses might fall in at one time, it
was resolved that in granting licenses on the 1st of June next,
the Magistrates in the several districts shall issue them for only
the six months thereafter for one half the present fees.
The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor & Council of Assi-
niboia held on the 6th day of August 1868 at which were
present the following Councillors, viz: —

William Mactavish Esq., Governor of Assiniboia, Presi-
dent.

The Rt. Rev. The Lord Bishop of St. Boniface,

John Black,

John Sutherland,,

Robert McBeath,

Pascal Breland,

Magnus Berston. v

Thomas Sinclair, ^ Councillors.

William Cowan,

James McKay,

J. Curtis Bird,

A. G. B. Bannatyne, -

PIONEER LEGISLATION 587

After the Minutes of last Meeting had been read Mr. Ber-
ston took the usual oath as a member of Council.

The Governor then informed the Council that, after, making
some enquiry as to the probable expense of making out the road
on the South side of the Assiniboine, he had not considered it
advisable to proceed with the Survey; and the Council, on
hearing the reasons which had led the Governor to take that
view of the matter, expressed their approval of the proposed
survey being dropped for the present.

A letter was read from Mr. Rollin P. Meade, desiring, on
the part of the " ISTor Wester," admission to the sittings of the
Council; but the Council, after a full discussion of the subject,
declined to comply with the application, and authorized the
Governor to reply to Mr. Meade accordingly.

The Governor then mentioned that his principal object
for the present meeting, was to lay before the Council a com-
munication from Andrew Peterson and certain other residents
at Portage La Prairie regarding a recent occurrence there, in
which Francis Demarrais was said to have been shot by Alex-
ander McLean, and requesting the Council of Assiniboia to
take cognizance of the matter, with a view to the ends of public
justice. The Council deemed it important that so serious
an affair should be regularly dealt with even although it had
taken place at such a distance from the Settlement, and ex-
pressed desire that, in order to secure the due administration
of justice to all concerned, the requisite investigation should
as soon as possible be made into the circumstances by the
proper authorities.

A Petiton was read from Mr. Charles Garratt claiming
from the Council compensation to the extent of Forty Pounds
for the suspension of his Distillery Licence through the action
of the Petty Court, Section 1. But the Council, on the motion
of Bishop Tache, seconded by Mr. Sinclair, adopted the con-
clusion that there was not ground sufficient to warrant the
granting of such compensation ; Mr. McBeath alone dissenting
from that resolution.

There was then presented a petition from the Rev. John
Black and others praying for certain alterations on the present
Liquor Laws; and Mr. Recorder Black presented a similar
Petition from the St. Andrew's Parishioners which had been
intrusted to him by the Rev. Mr. Gardiner. But the Council
having already determined, at an early date to revise these Laws,
they deemed it unnecessary to proceed with the discussion of

588 CANADIAN ARCHIVES

the various suggestions contained in these Petitions, and there-
fore reserved the further consideration of them till the proposed
revision of the Liquor Laws should be fairly and fully before
the Council.

A Petition was read from the Constables for an increase of
pay ; but the Council, regarding this as a matter with which the
Magistrates ought to deal in the first instance, deemed it advis-
able to refer the Petition to them, and with the view of con-
sidering and settling the whole of the Constabulary arrange-
ments for the ensuing year, it was resolved that a meeting of
the Magistrates be held at the Court House, on Wednesday the
19th instant at 3 p. m.

The only other matter to which the Governor desired to call
the attention of the Council, was that relating to the appre-
hended scarcity of food in the Settlement next winter owing to
the destruction of the Crops by the grasshoppers and the failure
of the Buffalo-hunt. The opinion has been pretty generally
expressed that for a certain class of the community some form
of public relief might be requisite to save them from actual des-
titution; and the Governor informed the Council that he desir-
ed their advice as to how far and in what manner any portion
of the public funds should be applied to such a purpose. The
Council were unanimous in the expression of the opinion that
the present circumstances of the Settlement were such as to call
for some effort on the part of the Council to lessen, at all
events, although they could not hope wholly to avert, the appre-
hended difficulty on the score of food next winter. But the
subject being deemed too important to admit of possibility of
its being disposed of without another Meeting, the Council fin-
ally adjourned to Monday next the 10th instant at 11 o'clock
for the purpose of giving it the required consideration.

Adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of As-
siniboia held on Monday the 10th day of August 1868 at which
were present the following Councillors, viz:

William Mactavish, Esq., Governor of Assiniboia, President

The Et. Eev. The Lord Bishop of St. Boniface

John Black,

William Cowan,

Robert McBeath,

PIONEER LEGISLATION 589

A. G. B. Bannatyne, Councillors of Assiniboia.
James McKay,
Pascal Breland,
John Sutherland ,

The special business for which the Council had to-day assem-
bled being the further consideration of the question regarding
the apprehended deficiency of food next winter, the subject was
at once taken up and there being perfect unanimity of opinion
as to the expediency and even necessity of some Action on the
part of the Council to meet the anticipated scarcity, the follow-
ing motion, proposed by Mr. Bannatyne and seconded by Mr.
McBeath, was unanimously adopted : —

That out of the Public l?und there be appropriated the sum
of £1,600, and that the sum be applied in manner following;
namely

£600 for Seed Wheat from the United States.

£500 for Flour from "

£500 for Twine, Hooks and Ammunition.

the said Wheat and the Flour to be disposed of or given out on
terms to be hereafter determined by the Council, but the five
hundred pounds worth of twine, hooks and ammunition to be
distributed at once gratuitously in cases which may be consid-
ered to require it, or for some return in the shape of fish or
other provisions to be afterwards given out for the relief of the
poor. The distribution to be made through the medium of the
following, in the proportions marked opposite their names, each
distributor keeping an account of his operations and giving
orders to the necessitous not for money, but only for the mater-
ial for nets and for ammunition

The Bishop of St. Boniface £250. 0. 0.

The Ven Archdeacon McLean 50. 0. 0.

Key. Mr. Black 50. 0. 0.

Bev. Mr. Gardiner 50. 0. 0.

Ven Archdeacon Cowley 50. 0. 0.

Eev. Mr. Carey 25. 0. 0.

Kev. Mr. Cook 25. 0. 0.

£500. 0. 0.

590 CANADIAN AECJIIVES

A note occurs on the margin, — "When this book came into
my possession the foregoing leaf was cut out."

Sedley Blanchard.
The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of Assin-
iboia held on Monday the 19th day of October 1868 at which
were present the following Councillors, viz

William Mactavish, Esq., Governor of Assiniboia, President

The Rt. Rev. The Lord Bishop of St. Boniface

John Black, Recorder

William Cowan,

A. G. B. Bannatyne, Councillors of Assiniboia.

Curtis J. Bird,

William Fraser,

William Dease,

The Governor informed the Council that by the last Mail,
he had been advised by Mr. Kittson, that he had procured the
Wheat and Flour ordered by the Council. There were 435
Bushels of the former and 285 Barrels of the latter ; the flour
being already at Abercrombie; and it being expected that by
the end of the present month, the Wheat would be delivered at
Georgetown. It was therefore for the Council now to deter-
mine what was to be done with these supplies, on their arrival
in the Settlement ; and on the motion of Dr. Bird, seconded by
Mr. Dease,

It was unanimously resolved that the Wheat and Flour be
handed over to the "Red River Co-Operative Relief Committee"
to be dealt with, as they think best for carrying out the object
for which these articles were imported.

With the view of soon hereafter submitting for the Coun-
cil's consideration the draught of revised Licensing Regula-
tions, the Governor desired an expression of their opinion upon
the subject ; and the Council having entered at some length into
the discussion of the prominent points of the licensing system,
the further and final consideration of the whole subject was ad-
journed to the next meeting.

The Governor informed the Council that Mr. John Inkster
had tendered his resignation as a Magistrate of the Lower

PIONEER LEGISLATION 591

Petty Court, and had recommended Mr. John Eraser to the
favorable consideration of the Council as his successor in that
office.

The Council deeming Mr. John Fraser a proper person to
fill the office, unanimously appointed him a Member of the
Petty Court for the Lower Section with the usual salary.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of Assi-
niboia held November 7th 1868 —

PRESENT

Wm. Maotavish, Governor of Rupert's Land, President.

The Right Rev. Lord Bishop of Rupert's Land, Member.

The Right Rev. Lord Bishop of St. Boniface "

John Black,

A. G. B. Bannatyne,

James McKay,

John Sutherland,

Wm. Fraser, "

Curtis J. Bird, M.D.,

Wm. Cowan, M.D.,

The consideration of the Licensing System having been
resumed, the Council unanimously adopted the following Reg-
ulations on the subject, namely:

Liquor Licenses.

Excepting Sections XXIII. and XXIV. of the printed local
regulations of April llth 1862, and excepting also the Regula-
tions against the " Intoxicating of Indians " which are hereby
declared to be retained in full force, all the existing " Liquor
Laws " are hereby repealed ; and in place thereof it is enacted
as follows, namely: —

Excepting as regards the sale of Spirits, Wine and Beer
by Importers or Wholesale Dealers, there shall hereafter be
but one description of Liquor Licenses, which shall be issuable
but once a year, as hereinafter mentioned and such License
shall give the holder permission to manufacture Spirits, Wines
and Beer, and to sell the same in any quantity, under the

592 CANADIAN ARCHIVES

restrictions contained in the following Schedule, shewing the
form in which the License shall he granted.

Liquor Licenses.

A. B. Having paid Ten Pounds is hereby licensed from this
date to the first day in December 186 — inclusive, to manu-
facture spirits, wine and beer, and to sell the same in any
quantity, under the following restrictions, namely :

1. He shall not sell to any person, between the hours of 10
at night and 6 in the morning —

2. Nor to any person, at any time during Sunday.

3. Nor at any time, to any intoxicated person.

4. Nor shall he at any time, sell to any uncivilized or
unsettled Indian, either directly to the Indian, or, knowingly
on the part of the Seller, indirectly to another, for the Indian.

5. All Manufacturing and selling shall be confined to the
premises for which this License is granted, namely: — (here to

follow specification of premises) The violation of any

of these restrictions shall make this License null and void.

0. D.
Red River,

December 1868

Any proved breach of the conditions of the License shall
cause the forfeiture of the same, without any right on the
holder's part to the restitution of any portion of the License
fee—

And, whenever the breach involves also the violation of the
laws against the Intoxicating of Indians, the offender besides
losing his license, shall be liable to all such penalties as he
shall have incurred under the said laws.

But, against any judgement of any Petty Court, ordaining
such forfeiture, or imposing such penalties, any aggrieved per-
son may appeal to the next ensuing General Court, on giving
security for such penalties (in cases where any are imposed)
as well as for the costs of the original action, and also on
making the usual deposit of 207. for entering the appeal —

But when an appeal is made, the Petty Court shall still
have the power of suspending the License, till the appeal is
disposed of.

Excepting in the case of a person, making Wine or Beer for
his own family use and not for barter or sale, any person who

PIONEEB LEGISLATION 593

shall manufacture or sell any spirits, wine or Beer, without a
License, shall, on conviction before a Petty Court, be liable to
a fine, of not less than five, and not more than ten pounds, for
each offence; and failing immediate payment of the fine, he
shall be liable to imprisonment, for a period of not less than
five and not more than ten weeks, — provided, however, that
at any time during the period of imprisonment, he shall be
entitled to be discharged, on paying his fine.

But from any such conviction before any Petty Court, any
aggrieved person may appeal as aforesaid on giving security
for the fine and the costs of the original action, besides, making
the usual deposit of 207 for entering the appeal.

On. payment of the sum of Ten Pounds, it shall be lawful
for the Petty Magistrates in^their several Districts assembled,
on the first week day in December, but, on no other day through-
out the year, to grant Liquor Licenses, according to the fore-
going forms.

And every applicant for a License, shall be bound, to lodge
his application, with the President of the Bench of the proper
District, not later than the 15th day of November; specifying
therein the premises for which the License is asked.

And on the first Sunday thereafter, the President shall
give public written notice at all the places of Public Worship -
in his District, and also in any other District in which any of
the nearest neighbours reside, mentioning the names of the
persons applying for Licenses and specifying their premises,
together with the day appointed for disposing of the applica-
tions.

But, in the case of any such application, where the granting
of a license is objected to, by a majority of the house-holders
of the neighbourhood of the house where the License is intended
to be used, the Bench, shall have no power to grant the License
and such objectors shall at any time, between the date of the
Public Notice and the day fixed for disposing of the applica-
tion, be entitled to intimate their objection, either personally
or in writing to the President of the Bench, without however,
being bound to assign any reason for their objection.

For the purposes of this regulation, the word "House-
holder " shall mean the head of a family occupying a separate
house, or, if occupying only part of a house, a tenant for not
less than a year, and not being the hired servant of any appli-
cant for a license.
28159—38

594 CANADIAN ARCHIVES

And the word " Neighbourhood " shall mean the twelve
householders, who irrespective of District, are nearest to the
house intended to be Licensed. —

In the case of any application whatsoever for a License,
whether it be objected to or not by a majority of the neigh-
bourhood, the Bench shall have full discretionary power to
refuse the License, whensoever, on grounds relating to the
public interest, they think it would be improper to grant it.

Any person may sue an offender for manufacturing or
selling without a License, and shall be entitled to half the fine
actually recovered.

Any person may also sue any License-holder for the breach
of his License, and where there is a fine besides a forfeiture
of License, the prosecutor shall «be entitled to half the fine
actually recovered.

No Liquor License shall, on any conditions be granted to
any person intending to carry on the manufacture or the sale
of spirits, wine or beer, on any part of what is known as the
" Indian Reserve ", at the Indian Settlement.

Wholesale Licenses.

From and after, the first week day in December next, every
wholesale dealer in Spirits, Wine and Beer, shall pay £10 a
year, and any person selling Spirits, Wine or Beer by Whole-
sale, without a License in the subjoined form, shall be liable
to a penalty of £10 for each offence, to be recoverable in the
same way, as the penalties for the breach of the Liquor Laws
generally.

By the term " Wholesale Dealer", shall be understood a
seller of Spirits or Wine, in quantities at a time of not less
than Five Gallons each, and of Beer, in quantities at a time of
not less than 8 Gallons.

Such Wholesale Licenses shall be issuable, by the Benches
of Petty Magistrates, in their several Districts, on the first
week day in December and on no other day, to persons apply-
ing to the President, either before or on that day —

But, in every case the Magistrates, shall have full dis-
cretionary power, to grant or refuse the Licenses.

Wholesale Licenses.

C. D. having paid £10 is hereby licensed for one year from
this date, to sell spirits and wine, in quantities of not less at

PIONEER LEGISLATION 595

a time than Five Gallons each and Beer, in quantities of not
less at a time, than Eight Gallons.
Eed River, December 1868.

Moved by the Bishop of St. Boniface, Seconded by the
Bishop of Rupert's Land, That in Restriction II in the Liquor
License, Christmas Day and Good Friday, be added to Sunday,
as days on which it shall be unlawful, to sell Spirits, Wine or
Beer

FOE AGAINST NEUTRAL.

Mr MacKay Dr Cowan Mr. Sutherland

Mr. Black Mr Fraser

Mr. Bannatyne Dr. Bird

Wesleyan Marriages.

Gov. Mactavish having informed the Council that an appli-
cation had been made by the Rev. John Young, Wesleyan Min-
ister, for the authority of the Council to legalize the Marriages
celebrated by him, — It was unanimously Resolved, That
any legally ordained Wesleyan Minister labouring in the Set-
tlement may validly solemnize Marriages in the District of
Assiniboia, and that all registers of Marriages, Baptisms and
burials kept by any legally ordained Wesleyan Minister shall
be deemed legal and valid records

The Council then adjourned.

W. MACTAVISH.

Minutes of a meeting of the Governor &nd Council of
Assiniboia held December 17th, 1868 —

Present: Wm. Mactavish Esq., Gov. of Rupert's Land,
President.

The Right Revd. Lord Bishop of St. Boniface,
Member.

John Black, Member

John Sutherland,

James McKay,

Thos. Sinclair,

Wm. Frazer,

Wm. Cowan, M.D.,

Curtis J. Bird, M.D.,

A. G. B. Bannatyne,
28159— :m

596 CANADIAN ARCHIVES

The Minutes of last Meeting having been read the Council
immediately proceeded to business

Liquor Licenses.

After some discussion as to whether, the additional restric-
tions proposed in Bishop Tache's amendement, at the last meet-
ing of the Council could be imposed on the License-holders,
after the Licenses had been granted ; the Council finally agreed
that no additional restriction could be justly engrafted on the
present Licenses, but, it was suggested that the License-hold-
ers might be requested to withhold the sale of Liquor on
Christmas and Good Friday next ensuing. The Bishop of
St. Boniface then moved the amendment in the following some-
what modified form, seconded by Judge Black, viz.

That, in all Licenses granted in future for the Manu-
facture and sale of Spirits, wine and beer ; instead of the words
" Nor to any person at any time during Sunday ", the words
" Nor to any -nerson, at any time during Sunday, Christmas
and Good Friday", shall be used.

For the Amendment Against Neutral

Mr. McKay Mr Bannatyne Dr. Cowan Mr. Sutherland
Mr Sinclair Mr. Bunn Dr Bird

Mr. Frazer Motion carried.

Mr Bannatyne was requested to inform the License-holders
of the Resolution just carried, and to point out the desirable-
ness of their refraining from selling Liquor on the ensuing
Christmas and Good Friday.

Petition.

The following petition from Henry Joachim was then
presented by the President,1

" To the Govr. and Council of Assiniboia, the petition of
the undersigned, humbly sheweth, That, on application to the
Magistrates for a License for the sale and manufacture of
Spirituous and Malt Liquors at my distillery in the Parish of
St. Paul's, I was refused upon the ground that people who
were not my near neighbours had objected and without any
given reason, and as I have been at considerable expense at

1 See Document No. 102 of Documents relating to Council of Assiniboia,
Provincial Library, Winnipeg.

PIONEER LEGISLATION 59Y

building and fitting up my place for the manufacture of
Spirituous and Malt Liquors, the refusal to grant me license
will occasion me great loss. I have kept a distillery and
Brewery, and sold liquor and beer for the last nine years and
my neighbours have never had occasion to complain of my
ever having sold liquor to Indians, or after hours, or to intoxi-
cated people, or in any other way, committed any infraction
of the law.

Your petitioner therefore prays that your Honorable Body
would revise the action of the Magistrates in the matter, and
take such steps as, you, in your judgment may think proper
and restore me my License. And your petitioner as in duty
bound will ever pray."

(Signed) « HENRY JOACHIM."

The petition having been read, the Council finding that
there was nothing in it to shew that the Magistrates of the
Petty Court had acted inconsistently with the Local Law in
the case, and that apart from any other grounds, they might,
and most probably would have used their discretionary power
in the matter, to withhold the License, did not feel that it was
a case which called for any interference on their part.

Public Relief.
The President next presented the following letter.

HEADINGLY Dec. 12th 1868.
WM. MACTAVISH, Esq.,

Dear Sir, — I have ventured to address a few lines to you
in reference to the widows and orphans in this Parish who are
now suffering for want of proper clothing. The Council of
Assiniboia kindly voted us £25 for fishing and hunting mater-
ial, but, the poor here could avail themselves of very little of
that amount. If you would permit me to give an order on the
Company's shop <at Fort Garry for warm clothing for the
widows and orphans here, you would indeed be conferring ft
great benefit upon those who have no earthly means of Clothing
themselves. Hoping to receive a favorable answer, I remain
yours very sincerely,

(Signed) JAMES CARRIE,

Incumbent of Headlingley.1

*See Document No 100 nf Documents relating to Council of Assiniboift,
Provincial Library, Winnipeg.

598 'CANADIAN ABC11IVES

After the letter liad been read, it was moved by Mr. McKay,
seconded by Mr. Sutherland and carried unanimously

That, all the unexpended portion of the grant made by
the Council on 10th August, for the supply of Nets and Am-
munition, be now distributed for the benefit of the poor in the
Settlement generally. —

New Magistrates.

It was moved by Mr. Bannatyne and seconded by Dr.
Cowan, That Mr. John Bruce be appointed Magistrate for
the Middle District Court.
Carried unanimously.

It was moved by Jas. McKay, seconded by Bishop Taohe,
That Mr. Patrice Breland be appointed Magistrate for the
White-horse Plain District Court.
Carried unanimously.

Resignation of Mr. Smith.

Mr. Black informed the Council that he had lately seen
Mr. Smith, who had for some time been very ill, and further
said that his present state of health was such as to render it
exceedingly improbable, that he should ever be able to resume
his duties; that, Mr. Smith, feeling strongly impressed with
the same idea, had requested him to tender his resignation to
the Council. In doing so Mr. Black begged to remind the
Council of Mr. Smith's services to the public and of the
carefulness and fidelity with which he had always performed
his many, and often very .arduous duties, stating as his own
opinion, that Mr. Smith had strong claims upon the sympathy
and consideration of the Council. The Council fully con-
curring in this opinion, It was moved by Mr. James McKay,
seconded by Bishop Tache, and unanimously carried—

That, the Council accept Mr. Smith's resignation, That
Mr. Smith's salary shall continue to the end of the current year,
namely 31st May 1869; That, from that date until 31st May
1870, he shall receive as a gratuity, the sum of £100 Sterling,
and that, from and after 31st Miay 1870, he .shall be paid a
yearly pension of £50 Sterling, during1 the pleasure of the
Council.

It was moved by Mr. Fraser, seconded by Mr. Sutherland,
and carried unanimously:

That Mr. Thomas Buhn be appointed to snooped Mr.
Smith at the annual s-ilnry of £100 Sterling.

PIONEER LEGISLATION 599

White Horse Plain District Court.

Mr. James McKay was appointed President, of the White-
horse Plain District Court, left vacant by the resignation of
Mr. Smith.

Postal.

Mr. Bannatyne asked for a grant of money to cover the
expense of carrying the mail to Portage La Prairie. The
Council unanimously agreed to pay, the sum of Five Shillings
per week for that purpose ; and Mr. Bannatyne was authorized
to make arrangements with the " Nor Wester Express Stage "
or any other party to carry it at the above rate.

His Lordship the Bishop of St. Boniface made an applica-
tion to the Council for £3 Stg. to fit up a Post Office at the
house of Joseph Amlin, St. Norbert, Riviere Salle and the
application was granted.

The Council then adjourned.

W. MACTAVISH.

Minutes of a Meeting of the Governor and Council of Assi-
niboia held December 29th 1868.

Present: William Mactavish Esq, Governor of Assiniboi,
President.

The Rt. Revd. Lord Bishop of Rupert's Land, Member.

The Rt. Revd. Lord Bishop of St. Boniface

Judge Black,

William Dease,

Magnus Birsten,

John Sutherland,

William Eraser,

Curtis J. Bird, M.D., '

William Cowan, M.D.,

William Inkster,

Thomas Bunn.

Premium on Wolves' Heads.

The Minutes of last Meeting having- been read and approved,
the President said, that, before proceeding to the special busi-
ness for which the present meeting was convened, he wished
to call the attention of the Council to the local law authorising

600 CANADIAN ARCHIVES

the payment of premimus on Wolves' heads; and to observe
that, however important and even necessary that law may have
been at the time of its enactment, he thought that, very little
or, perhaps no advantage at all was derived from it now; and
that the time had arrived when it might very properly be re-
pealed,

After the subject had been discussed at some length, it
was moved by Dr. Bird, seconded by Mr. Sutherland, and
carried unanimously.

That Article XLIX of the local enactments of April llth
1862 be now repealed, and that, the payment, from the Public
funds, of premiums on Wolves' heads be hereafter abolished.

Petition from Portage la Prairie.1

The president then stated that his principal object in calling
the Council together was, to submit to their consideration a
petition from certain parties at Portage La Prairie, which
he had lately received, and as the subject, was in his opinion
not only a very difficult one to deal with, but also a very im-
portant one in its bearing on the interests of the Settlement
generally, he had lost no time in laying it before them.

The following petition was then presented by the Gov. and
read : —

"To the Honorable Governor and the Council of Assiniboia.
"We the Council of Manitoba respectfully submit for your
" consideration the following petition. In view of the depre-
" dations which have been and are being daily committed upon
"us; and considering the liability that, owing to the scarcity
" of provisions, these depredations will increase as the season
" becomes more severe ; and moreover, that, on this day by their
" own confession the Sioux Indians have acknowledged that
" some members of the tribe did commit the last act of which
" we now make mention, viz, That on the night of the 13th
" Dec. an ox was taken from the stable of Messrs Hay and
" Sinclair ; driven to a Sioux encampment at, or near Lake
" Manitoba and there butchered. 'The tracks in the new fallen
" snow were followed to the vicinity of the said camp by some
" of the citizens, when dark overtook them and the trail was
"lost: This makes a certaintv of the suspicions heretofore
" entertained against the Sioux that they are the ones who have .

"^o. 103 of Documents relating to Council of Assiniboia,
Prov. Library, Winnipeg.

PIONEER LEGISLATION (JQl

" stolen so many cattle from this Settlement and as the citizens
" of Portage La Prairie have applied to the Council of Mani-
utoba for redress; therefore: This council feeling its inabil-
" ity to deal with the matter in a legal manner as these Indians,
"most of them at least, are within the jurisdiction of the
" Council of Assiniboia and are moreover Indians belonging
" to the American Government now appeal to your Honourable
" Body for protection or at least assistance in our need, or
" hope that you may be able to point out to us some measures
" by which we may obtain redress for the wrongs already done
" and safety for the future. The citizens here are law-abiding,
" and wish not to commit any rash act to prejudice the safety
" at all hazards and their own peril if compelled to do so, wish-
" ing at the same time to avoid any action which might involve
" the rest of the Settlement in difficulty they are willing to

" await a short time the action of your honorable body

" Feeling that the case is one of such moment and one that
" requires immediate action we would request that the Council
" of Assiniboia answer this petition within the next ten days."
By an order of the Council of Manitoba.

(Signed) F. H. Bird, Clerk
Portage La Prairie,
Dec. 16th, 1868.

After hearing the petition the Council unanimously express-
ed their sense of the serious character of the offence charged
against the Sioux and of the danger of its frequent repetition ;
the difficulty of dealing with Indians generally was strongly
felt, but not less so the great importance of at once adopting
such measures as would not only give satisfaction to the parties
at present aggrieved, but be satisfactory and beneficial to the
Public generally by exciting in the minds of the Sioux snch a
fear of the consequences as would deter them from the commis-
sion of such depredations in future. After full deliberation
upon the whole matter; it was finally and unanimously:

Resolved, That a Magistrate of this District with the
Sheriff and twelve Constables, be instructed to proceed to the
neighbourhood of High Bluff or Poplar Point for the purpose
of there meeting with the parties interested in the punishment
of the offence complained of in the petition or, with others from
the Portage and thereafter, proceeding in a body to the Sirmx
Camp to make an investigation into the circumstances of the
case and to aprir^hend the offender or offenders if they can be
properly identified.

602 CANADIAN ARCHIVES

That, this Resolution be communicated to the petitioners
and that, they be requested to fix the time and exact locality at
High Bluff or elsewhere for meeting the officers from Red River
and inform the Governor of their determination on these
points so as to enable him to give the Magistrate and others tne
requisite orders on the subject.

Administration and Guardianship.

Mr. Black stated that cases occasionally occurred in which it
was important for the due protection of the interests of parties
concerned in the Estates of Intestates and Minors that, the ap-
pointment of Administrators and Guardians should take im-
mediate effect; and submitted to the Council the expediency of
their granting the necessary authority for meeting such cases ;
whereupon the Council on the motion of Mr. Black, seconded
by the Bishop of Rupert's Land, unanimously :

Resolved, That, in all such cases as these referred to,
the presiding Judge of the Court may make such temporary
appointments as he, in his discretion, may deem necessary for
the protection of the Interests concerned ; but, that the present
rule be still maintained requiring a quarter's interval between
the time of the application and that of the final issue of the
Letters.

The Council then adjourned.

Minutes of a Meeting of the Governor and Council of As-
siniboia held Jan. 28th, 1869, at which were present; William
Mactavish, Esquire, Governor of Rupert's Land, President;
The Right Rev. Lord Bishop of St. Boniface; Judge Black;
Messrs. McKay, Bannatyne, Dease, Birston, Sinclair, Cowan,
Bird, Bunn, "Frazor and Sutherland, Esquires.

Site riffs Office.

The Minutes of the last Meeting having been read and ap-
proved the Govr. stated that he had convened the present Meet-
ing, chiefly, for the purpose of appointing1 some person to the
office of Sheriff. Mr. McKenney having lately resigned, on ac-
count, as he had alleged, of the insufficiency of the remrmera-
tion. In laying the subject before the Council the Govr. re-
marked, that Mr. McKenney had always been very efficient
and faithful in the discharge of his dutie- as Sheriff, and had,
ho believed, given general satisfaction : that considering his

PIONEER LEGISLATION C03

long experience in the office and the tact and ability he had dis-
played in the discharge of his duties, he thought, that, they
could hardly appoint a more suitable and competent person, but
that he had good reason to believe that the only condition on
which he would resume the office was a considerable increase of
salary.

The Council unanimously concurred in the Governor's opin-
ion of Mr. McKenney's efficiency as a Sheriff; and in view of
the fact that the duties and responsibilities of the office had in-
creased very considerably of late, it was deemed only just and
reasonable that the salary should be proportionably raised.
In conformity with this view .of the matter and all other cir-
cumstances of the case having been carefully considered, it was
Resolved on the motion of the Lord Bishop of St. Boniface,
seconded by Dr. Bird :

That Mr. Henry McKenney be re-appointed to the Office of
Sheriff of Assiniboia and Governor of the Gaol at an annual
salary of One Hundred Pounds Sterling.

Petition from Dr. Convenant.

The Governor then presented the following petition from
Doctor Convenant, viz: %

"To the Govr. and Council of Assiniboia assembled.

"This the petition of the undersigned humbly sheweth, that
"he is a practising physician in this Settlement and that your
"petitioner is every day more or less called upon by the poor
"for Medical assistance. And further your petitioner would
"humbly state that he is a poor man and cannot afford to give
"his medicines for nothing and prayeth that your Honble.
"Body would grant a sum of money in such cases for the in-
digent, even only for the medicine alone."

"'Your petitioner would most earnestly press this petition
"upon the favorable attention of your Honble. Body, feeling
"assured of the justice of your petitioner's request."

"And your petitioner as in duty bound will ever pray."

(Signed) DR. COVENANT. (1)

Tied River Settlement.
Dec. 17th, 1868.

1 Document No. 99 of Documents relating to Council of Assiniboia,
Prov. Library, Winnipeg.

604 CANADIAN ARCHIVES

The Council finding that Dr. Convenant was very diligent
in attending on the sick especally among the very poor, who, in
this season of general distress were quite unable to compensate
him in any way; unanimously adopted the following resolu-
tion, moved by Mr. Sutherland, and seconded by Mr. Dease,
viz:

That, in consideration of the peculiar circumstances of the
petitioner Dr. Convenant and of his gratuitous attendance upon
the poor during this season of general distress, a sum of £20
be granted to him for the purpose of enabling him to procure
a further supply of Medicines ; but, on the distinct understand-
ing that, in consequence of this gratuity, Dr. Convenant should
have on the Council no claim whatever for his trouble in dis-
pensing these medicines or for his attendance on any of his
patients, and that the grant is made for this year alone.

The Portage Petition.

The Govr. next informed the Council that he had not yet
received any communication from the Portage with regard to
the combined movement to the Sioux camp contemplated in a
Kesolution passed at their last meeting; so that nothing fur-
ther had been done in the matter.

The Council finding on enquiry that a copy of the Resolu-
tion alluded to had been officially sent to the petitioners and
that no doubt existed of their having received it, and learning
further that the Magistrate and Constables referred to in the
said Resolution had held themselves in readiness for six days
to do their part in carrying out the terms of the Resolution,
felt that all had been done that could, at the present stage of
the business be reasonably expected from them and having
expressed their surprise at the inaction and indifference of tho
petitioners, directed Mr. Bunn to communicate the above state
of the case to them and dismissed the subject for the present.

The Public Highway.

Mr. John Sutherland called the attention of the Council
to a practice which was becoming very common, of persons
kindl ins: fires on the Public Highway and thought that some-
thing should be done with a view to preventing so dangerous
a practice.

The Council quite agreeing with Mr. Sutherland in this
matter directed Mr. Bunn to give public notice of the unlaw-

PIONEER LEGISLATION 605

r f ul character of such a practice and to warn all persons against
obstructing the Public Road in any way.
The Council then adjourned.

W. MACTAVISH,

Governor.

Minutes of a Meeting of the Governor and Council of
Assiniboia held on the 17th May 1869. Present: John Black,
Acting Govr. of Assiniboia, President. The Right Revd. Lord
Bishop of Rupert's Land. The Right Revd. Lord Bishop of
St. Boniface. Messrs. Bannatyne, Goulet, Frazer, Sutherland,
Cowan, Dease, Macbeath, Amlin, Bunn, Esquires.

Bridge Across the Assiniboine.

The Minutes of the last Meeting of Council having been
read and approved: Judge Black said that this Council had
been called together to-day, chiefly, for the purpose
of considering a scheme, which had been lately pro-
posed for constructing some kind of floating Bridge
across the Assiniboine at or near the Forks by
means of the flat boat or scows in which the seed grain
had been brought down from Abercrombie this Spring. He
further said that considering the extent of the traffic at the
point above referred to, there could be but one opinion as to the
desirableness, he might even say the necessity of having some
safer and more expeditious mode of crossing than that of the
ferry now in use. The plan now proposed had the favourable
opinion of a good many persons and perhaps might be a
desirable one; but he had himself some doubts about the suit-
ableness of the flat boats for the purpose and foresaw difficul-
ties in the way of removing the whole structure in the fall so
as to make it available for future seasons. But, as he did not
profess to have much knowledge of such matters and as he
felt that the subject was one well worthy of their consideration
he had thought it right to invite the attention of the Council
to the subject, in the hope of their being able to arrive at some
satisfactory and practical conclusion.

The Council generally expressed their sense of the imme-
diate necessity of some kind of Bridge at the point mentioned
and were of the opinion that the flat boats might in some way
or other be serviceable for that purpose ; but, as, from want of
sufficient data they could make no correct estimate of the cost

606 CANADIAN ARCHIVES

of such a Bridge; It was Resolved on the motion of Bishop
Tache, seconded by Mr. MacBeath:

That the following gentlemen, viz, Messrs. Bannatyne,
Goulet, Frazer, Sutherland and Dease be appointed a Commit-
tee for the purpose of considering generally the question of
constructing a floating Bridge across the Assiniboine at or
near the " Forks." That if they can arrive at any plan of
satisfactorily accomplishing the work the sum of £250 be
placed at their disposal to enable them to execute it; and that
Mr. Bannatyne be the Convener of the Committee.

Petition from " St. Norbert"

The following petition was then presented by His Lordship
the Bishop of St. Boniface.

SAINT NORBERT 15 Mai 1869.1

Au Gouverneur et aux Conseillers D'Assiniboia,
reunis en Conseil.

Messieurs,

Les Petitionaires sous signes prennent la liberte de sou-
mettre a votre consideration ^observation suivante.

line traverse publique est etablie a Fendroit de la Riviere
Rouge connue sous le nom de " Chez le Metifs." Cette traverse
dans 1'humble opinion de vos petitionaires serait beaucoup
mieux aupres de PEglise de St. Norbert pour les raisons sui-
vantes.

1. II y a a St. E"orbert un Bureau de poste, dont il est
necessaire de faciliter Faeces a celui qui transporte les malles.

2. II y a encore a ce centre, une boutique de Tanneur et
une de Tonnelier, les seules du genre dans cette partie du
pays, et il serait avantageux ,aux habitants de la rive et de la
Riviere Rouge de pouvoir y arriver plus facilement. De plus
les voyageurs qui vont aux Etats Unis ou qui en reviennent,
ont souvenf besoin de ces branches d'industrie, et I'eloignement
de la traverse multiplie difficultes.

3. Ces raisons d'interet general sont fortement corrobores
par une foiile d'interets locaux, que nous ne mentionnons pas,
parceque nous savons que la traverse n'est pas etablie speciale-
ment en faveur des habitants de St. Norbert. II nous semble
neanmoins que ces interets secondaires doivent etre prises en

PIONEER LEGISLATION 607

consideration pour fixer Pendroit de la traverse, vu que au
moins il y <a la une ressource qui multipliera les recettes du
traversier et le mettre a meme de mieux servir les interets
generaux.

Les Sous-Signes osent done se flatter que votre Honorable
Corps voudra bien prendre leur demande en sa serieuse consid-
eration, et donner des ordres, pour que la sus-dite traverse soit
placee pres de 1'Eglise de St. Norbert.

Et vous petitionaires ne cesseront de prier.

(Signed by) 120 Signatures.

After the petition had been read by the Clerk it was moved
by Mr. Frazer, seconded by Mr. Sutherland, and carried
unanimously.

That the following gentlemen viz Messrs Goulet, Amlin
and Dease be appointed a Committee to enquire into the cir-
cumstances of the case and also the condition of the Ferry at
" Chez les Metifs " and report to the next meeting of the
Council as to the desirableness or otherwise of changing the
locality of the said ferry.

Petition from White Horse Plains.

Another petition of which the following is a copy was
handed in by his Lordship the Bishop of St. Boniface.

R. R. SETTLEMENT,

April 23rd 1869.
Copy.
To

The Govr. and Council

of Assiniboia.

Gentlemen, — We the undersigned do hereby petition to
have a ferry at the point on the river now occupied by Magnus
Briston, for the reasons hereinafter stated.

1st. That it will be a crossing for your petitioners & others
for the purposes of traffic and travelling to and from the
plains and United States.

2nd. That the nearest crossing to Magnus Birston's is
nearly twenty miles distant -thus causing a great inconveni-
ence to those living in his neighbourhood.

1 See Document No. 106 of Documents relating to Council of Assiniboia,
Provincial Library, Winnipeg.

608 CANADIAN ARCHIVES

3rd That the banks of the river on both sides are thickly
populated and the having of such a ferry at such a place as
your petitioners herein pray for will make communication
more easy for the people living at White Horse Plains on both
sides of the River.

4th. That it will be a great convenience to the people liv-
ing at White Horse Plains to have such a ferry and your peti-
tioners furthermore desire that the said ferry be granted to
Magnus Birston at his place for the reasons that it is most
central point for all concerned to cross the river at and that we
are of the opinion that the said Magnus Birston will faithfully
discharge the duties of ferryman to the satisfaction of all
parties.

(Signed) A1STTOIKE DESEBLAIS, &c., &c.

49 Signatures.

AThe petition having been read, it was moved by Bishop
Tache, seconded by Dr. Cowan, and carried unanimously,

That a public ferry be established at the point indicated in
the petition and that Magnus Birston be appointed to take
charge of the said ferry; but that the tariff or rate of charge
for crossing shall not exceed as follows, viz.

For carts or light waggons with the animal drawing them :
each 3d.

For Double teams: each 5d.

For light horses or other cattle, per head : Id.

For foot passengers: each -|d.

Petition from Bryan Devlin.

A Petition was presented from Bryan Devlin for compen-
sation for loss sustained by him through the burning of a stack
of hay, valued at £5, under circumstances partly detailed in the
petition; and the Council taking into consideration the very
peculiar nature of the case, unanimously granted the petitioner
the sum of Five Pounds in satisfaction of his claim.

Petition for Saloon License.

The following petition for a License was the next business
before the Council.

1 See Document No. 105 of Documents relating to Council of Assiniboia,
Provincial Library, Winnipeg.

PIONEER LEGISLATION 609

Town, of Winnipeg

Red River Settlement

April 4th 1869.
" Gentlemen, —

We the undersigned petition and request in behalf of
Alexander Harkness that a License be granted for the follow-
ing reasons.

The said Alexander Harkness being disabled and not being
qualified for manual labour, having an aged father and
desirous of supporting himself does beg leave and humbly pre-
sents this memorial or petition to the Hon. Members of the
Council for approval under conditions that the Hon. Members
grant the said Alex. Harkness a license for a period of (6)
six months on trial and if found faithful in abiding to the
letter of the law in keeping a respectable house as saloon or
tavern keeper, to grant him a further extension in the occu-
pation as Tavern Keeper.

The said Alex. Harkness stated that he legally holds pro-
perty at St. Boniface (District of Assiniboia) on which pro-
perty he intends if said petition is granted to erect a suitable
house for the convenience of travellers for accommodation &c.,
and discharge his duties faithfully as a tavern keeper.

Under the conditions and promises we the undersigned
affixed now our names, and request that the Hon. Members of.
the Council grant Alex. Harkness a License under the condi-
tions herein specified."

(Signed) ANDREW HARKKTESS,
9 other's.

"All these names are the nearest neighbours of the said
Alex. Harkness."

The Council finding that the prayer of the petition referred
to a matter which had already been placed by them under the
jurisdiction of the Petty Courts did not see any special grounds
for their interference in the matter.

Complaint of Madam La Malice (Boiwher).

Mr. Goulet stated that Madam La Malice had been for a
long time complaining that she had been deprived of the use
of a great portion of her land by the gradual incursion of the
Public Road and the Public Ferry lauding opposite to Fort

28159—39

610 CANADIAN ARCHIVES

Garry and that she had never received any compensation for
her loss and had requested him to lay the matter before the
Council.

The Council finding on enquiry that there really appeared
to he some grounds for complaint but not being in possession
of such full and precise information on the subject as would
be necessary for their finally dealing with it, Resolved

That the fol. gentlemen, viz. Messrs Goulet, Dease, Amlin
& Dr. Cowan, be appointed a Committee to enquire into the
matter of Madam Boucher's complaint and if possible, to
adjust it, on what to them might appear to be fair & reasonable
terms.

The Council then adjourned.

J. BLACK,

Act. Grov.

Minutes of a meeting of the Governor and Council of
Assiniboia, held 19th October, 1869.

PRESENT: John Black, Esquire, President, the Right
Reverend The Lord Bishop of Rupert's Land, Dr. Cowan,
Robert McBeath, John Sutherland, William Frazer, William
Dease and A. G. B. Bannatyne, Esquires.

Madam Boucher dit Lamalice.

Mr. Black informed the Council, that in consequence, a&
he was sorry to say, and, as he was sure the whole Council
would equally regret to know, of Governor Mactavish's illness,
it had become his duty to preside on the occasion; and the
Minutes of the last meeting having been read and approved.
Dr. Cowan as the Convenor of the Committee appointed to
investigate the complaint of Madam Boucher dit Lamalice,
informed the Council that, after careful inquiry, they had come
to the conclusion that there was fair grounds for the claim put
forward by the family of the late Paul Boucher dit Lamalice
for' compensation, although not such an amount as was pre-
tended, and that the Committee had finally adjusted the matter
by agreeing to pay them the sum of Twenty Pounds in sat-
isfaction of all claims arising out of the past, and as com-
pensation moreover, for the right of way over their land, for
the purposes of the ferry, up to the close of navigation this
season.

PIONEER LEGISLATION 611

The Petition from St. Norbert.

With reference to the petition from St. ISTorbert presented
at the last meeting of Council, Mr. Dease intimated that in
consequence of Mr. Amlin's absence, nothing had been done
in the matter.

The Bridge Across the Assiniboine.

As Convener of the Committee appointed to consider the
question of a floating bridge over the Assiniboine, Mr. Banna-
tyne informed the Council that, having, soon after their
appointment, been led by their enquiries on the subject, to the
conclusion, that a suitable bridge of the kind proposed might
be put up for the sum to which the Council had restricted
them, the Committee had, with as little delay as possible entered
into the necessary arrangements for the work, and that early
in the Summer, the Bridge had been opened for public traffic
and completed at a total charge of about £25 less than the
amount to which they had been limited ; Mr. Bannatyne fur-
ther intimated that the pecuniary expenditure upon the work
included the price paid for a piece of land on the East side of
the Assiniboine, required for a road at that end of the Bridge.

Petition for a Registration Office.

A Petition was presented from certain Merchants and
others, inhabitants of the District, setting forth " that the
absence of an office for the registration of Instruments in writ-
ing Constituting liens upon land and personal property as
Mortgages upon real anpl personal property, Powers of At-
torney, Leases, Deeds, Wills, Agreements, as also a variety of
other documents usually objects of public record, is" in the
opinion of the petitioners " A serious drawback to the interests
•of the business Community," and praying the Council to es-
tablish such an office as that indicated in their petition; But,
the Council, while duly appreciating the importance of the
object sought by the Petitioners were, at the same time of
opinion, that under existing circumstances, it would be inex-
pedient for them to enter upon the consideration of the question
with a view to any practical measure on the subject.

28159— 39^

612 CANADIAN ARCHIVES

The Late Mr. Smith.

In compliance with the verbally expressed request of the
Council at their last Meeting, Mr. Bannatyne submitted a
statement of the debts due by the deceased, Mr. Smith, at
the time of his death, showing an amount of £63. 1. 2. ; and
the Council on the Motion of the Bishop of Rupert's Land,
Seconded by Mr. Fraser, unanimously Resolved — That with
the view of discharging these debts and of assisting Mr. Smith's
family, the sum of one hundred pounds be granted for these
objects, and that the money be placed under the joint manage-
ment of Mr. Bannatyne and Dr. Cowan with power to them to
expend it in any way that to them may appear to be best for
carrying out the wishes of the Council.

Postmaster's Salary.

On the Motion of Dr. Cowan, Seconded by the Bishop of
Rupert's Land, the Council unanimously Resolved that the
salary of Mr. Bannatyne as Postmaster be increased to Fifty
Pounds for the year commencing 1st June 1869.

Address to Governor McDougaV

The President then submitted to the Council a communica-
tion which had been addressed to Governor Mactavish by
Members of the Council of Assiniboia requesting him to call
a Meeting of the Council " For the purpose of drawing up a
proper address of welcome to the Honble. W. MacDougal the
newly appointed Governor of the Northwest Territory, and
of taking the necessary steps for presenting it to him on his
arrival here." In the propriety and desirableness of the object
of the petition, the Council expressed their hearty concurrence
and, with the view of giving expression to their feelings of
loyalty on the occasion, His Lordship the Bishop of Rupert's
Land submitted the draft of an address which he had prepared.
The Council carefully considered the draft in detail, and being
of opinion, that the document, as it stood, conveyed a just
and appropriate expression of their sentiments adopted it in
toto as the form of an address to be presented to Governor
MacDougal. The following being a copy of the draft to which
the Council so agreed.

1 See Document No. 108 of Documents relating to Council of Assiniboia,
Provincial Library, Winnipeg.

PIONEER LEGISLATION 013

Hay it please Your Excellency.

We the members of the Council of Assiniboia, nominated
by the Governor and Committee of the Honorable Hudson's
Bay Company desire to welcome your Excellency on your
arrival in this country to assume the office of Governor, under
the new arrangements to which Her Most Gracious Majesty
has given her consent; we would express the hope that you
may personally enjoy your residence amongst us and our con-
viction that your experience as a Statesman, will be of great
service to this country at the present juncture.

Your Excellency may rely on receiving from us, indivi-
dually, as private citizens our best assistance in your adminis-
tration of the affairs of the Country, and as those, who were
formerly accountable, under the Governor appointed by the
Honorable Company for the direction of affairs, we venture
to assure Your Excellency that you will find the old settlers
of this Country, loyal subjects of Her Majesty, . obedient to
the laws and ready to support Your Excellency in the just
administration of them.

We quite feel, that from the altered circumstances of this
Country, which has been rapidly changing within the last few
years, it is well that its Government has been transferred from
the great Commercial body, on which it hitherto devolved;
but the administration of the Honorable Company was, we
believe, on the whole well suited to the past state of things,
and we are not unmindful of many acts of kindness shewn by
it from time to time, to the Settlement, as, for example in the
past year, when, in addition to a generous vote of, money, a
large amount of grain was contributed to meet the necessities
arising from the great calamity of 1868.

Ofour Excellency can, then, well understand that there are
mingled feelings in our Community with respect to the great
change that has taken place, and even misgivings as regards
the future in the minds of some; but as we gladly see, in the
armointment of Your Excellency a proof of the interest that
the Government of the Dominion takes in this land; so we
have the fullest confidence, not only that all just rights of the
old settlers will be respected, but, that the transition will be
made as easy for them as possible.^.

Hitherto we have been so far removed from any settled
community that the outlay, that would have been necessary
to open up the Country, rendered the attempt impracticable.

614 CANADIAN ARCHIVES

Indeed, we believe that, in the future, there will not only be
no surprise that nothing of the kind was attempted, but that it
will be recognised as most creditable to the wisdom, discretion
and honorable conduct of those who administered the affairs
of this Country, that a small defenceless Settlement even
existed for many years among wild tribes of Indians without
annoyance or trouble from them, and that a profitable trade
was carried on without difficulty through the length and breadth
of the land.

But, as our isolation is passing away, "it will soon be prac-
ticable enough to open up the Country to emigrants and to
develop its resources, and we feel sure that its union with the
Dominion of Canada will greatly promote this result. What
the resources of this Country are, it is difficult to say, as they
have yet to be accurately examined and reported upon ; but we
do not doubt that they are great and sufficient to maintain a
considerable population.

We would then express the hope that Your Excellency may
see a large development of the resources of the Country, while
it is under your charge, and we pray that by the guidance and
Blessing of God wise measures may be adopted, and peace
plenty and prosperity be the result.

Signed in the name of the Council of Assiniboia.

BLACK.

Letter to Govr. Mactavish.1

At the same time, however, in the prospect of the great poli-
tical change which they believed was at hand and which would
necessarily dissolve the connection between them and Governor
Mactavish, the Council deemed the present a fitting occasion
for placing on record some manifestation of their feelings to-
wards one who had so long and so acceptably presided over their
body and the Bishop of Kupert's Land having submitted the
draft of a letter to Governor Mactavish of which the following
is a copy, the Council adopted the draft and directed that a
letter in these terms be addressed to Governor Mactavish by the
President in the name of the Council, and be delivered to him
along with the address to Governor MeDougal.
Dear Governor Mactavish.

1See Document No. 110 of Documents relating to Council of Assiniboia,
Provincial Library, Winnipeg.

PIONEER LEGISLATION 615

The Council have learned with very deep regret that you are
in such a delicate state of health. They venture to express the
hope that you will not refuse to yourself such relaxation as may
give you the prospect of early recovery.

At the Meeting to-day, the enclosed address to the Governor
who is shortly expected in the Settlement was agreed to, and the
Council place it in your hands with the request that you will
kindly inform His Excellency of its contents and learn from
him when and how its presentation may be acceptable.

The Council cannot communicate this address without again
expressing their sense of the many acts of kindness which the
Country has received from the Honorable Company and they
would be glad if you would convey this expression of their feel-
ings to the Governor and Committee.

To yourself personally they would wish to convey their most
affectionate regards. Whilst you were looked to by every mem-
ber of the Council as the most fitted to guide their deliberations,
there was no one who less pressed his opinions, or, listened more
courteously to any suggestion that was made.

The Council know well how inestimable your services are
to the Honorable Company and how devotedly you have given
yourself to their business ; yet your ear has ever been open and
your advice ready for the poorest settler who was in any diffi-
culty.

The Council therefore, while thanking you for all your in-
variable courtesy when at the head of their board, would ex-
press the hope that you may be soon restored to health and that
your valuable life may be long spared.

Signed in the name of the Council.

JOHN BLACK.

The Council then adjourned.

Minutes of a Meeting of the Governor and Council of Assi-
niboia held Oct. 25th 1869.(1)

Present: John Black Esquire, President; The Eight
Eevd. The Lord Bishop of Kupert's Land, Dr. Cowan, Dr.
Bird, Messrs. Dease, Sutherland, McBeath, Eraser and Banna-
tyne, Esquires.

Mr. Black stated that, in consequence, as he very much re-
gretted to say, of Govr. Mactavish's continued illness, he was

1 See Document No. 109 of Documents relating to Council of Assiniboia,
Provincial Library, Winnipeg.

616 CANADIAN ABCHIVES

again called upon to preside at the present meeting of the
Council.

The Minutes of the last meeting having been read and
approved, Mr. Black proceeded to say that, at their last meeting
as the Council was aware, an address had been prepared, for
the purpose of being presented to the Honble. William Mac-
Dougall, on his arrival in the Settlement, an event which was
expected to take place at some very early date;
that the Council while preparing the address were
impressed with the conviction that the feelings
of welcome and loyalty therein expressed were con-
curred in by the Settlement generally, or at least were so far
shared by the great majority of the people as to preclude all idea
of open demonstrations of dissent, but he was very much con-
cerned now to say, that unhappily such was not the case, and
that a large party among the French population appeared to be
animated by a very different spirit. It had become too evident
that among them sentiments of a directly opposite nature pre-
vailed with regard to the impending change in the Government
bf the Country, and prevailed so strongly, that, according to
information lately received, and of the correctness of which
there could be no doubt, they had organized themselves into
armed bodies for the purpose of intercepting Govr. MacDougall
on the road between this and Pembina with the openly avowed
intention of preventing his entrance into the Settlement. It
was to consider that serious state of matters that the Council
had been assembled, and to see whether any and what measures
could be adopted to prevent the threatened outrage.

The Council unanimously expressed their reprobation of the
outrageous proceedings referred to by the President; but feel-
ing strongly impressed with the idea that the parties concerned
in them must be acting in utter forgetfulness or even perhaps
ignorance of the highly criminal character of their actions, and
of the very serious consequences they involved ; it was thought
that by calm reasoning and advice, they might be induced, to
abandon their dangerous schemes, before they had irretrievably
committed themselves. With this object in view, therefore,
Mr. Kiel and Mr. Bruce, who were known to hold leading posi-
tions in the party opposed to Mr. MacDougall, had been invited
to be present at this Meeting of the Council; and on being
questioned by the Council, as to the motives and intentions of
the party they represented, Mr. Kiel, who alone addressed the

PIONEER LEGISLATION 617

Council on the occasion, substantially said in the course of a
long, and somewhat irregular discussion; that his party were
perfectly satisfied with the present Government and wanted no
other; that they objected to any Government coming from
Canada without their being consulted in the matter; that they
would never admit any Governor, no matter by whom he might
be appointed, if not by the Hudson's Bay Company, unless
Delegates were previously sent with whom they might negotiate
as to the terms and conditions under which they would acknow-
ledge him; that they were uneducated and only half civilized
and felt that if a large immigration were to take place they
would probably be crowded out of a country which they claimed
as their own; that they knew they were in a sense poor and
insignificant, but, that it was just because they were aware of
this, that they had felt so much at being treated as if they were
even more insignificant than they in reality were; that their
existence, or, at least their wishes had been entirely ignored;
that if Mr. MacDougall were once here most probably the Eng-
lish speaking population would allow him to be installed in
office as Governor and then he would be our " Master or King
as he says " and that therefore they intended to send him back ;
that they consider that they are acting not only for their own
good, but for the good of the whole Settlement; that they did
not feel that they were breaking any law, but, were simply act-
ing in defence of their own liberty ; that they did not anticipate
any opposition from their English speaking fellow countrymen,
and only wished them to join and aid in securing their common
rights ; that they might be opposed by some Canadian party in
the Country, but for that they were quite prepared; and that
they were determined to prevent Mr. MacDougall from coming
into the Settlement at all hazards.

The Council endeavoured to convince Mr. Kiel of the
erroneous nature of the views held by himself and the party he
represented, explained the highly criminal character of their
proceedings, and pointed out the very disastrous consequences
which might occur, not only to themselves, but, to the Settle-
ment generally, if they persisted in their present course. He
was earnestly advised to exercise his influence with the party in
dissuading them from attempting to molest him (Mr. Mac-
Dougall) in any way and inducing them to return peacably to
their homes; assuring him that sooner or later heavy retribu-
tion wou'd fall upon them if they carried their plans into
execution.

618 CANADIAN ARCHIVES

Mr. Riel, however, refused to adopt the views of the Council
and persisted in expressing his determination to oppose Mr.
MacDougalPs entrance into the Settlement; declining even to
press the reasoning and advice of the Council upon his party,
although he reluctantly promised to repeat to them what he had
just heard &nd to inform Govr. Mactavish of the result by
Thursday at 11 o'clock.

Mr. Riel and Mr. Bruce having retired, the Council resumed
the consideration of the subject before them, and the expediency
of calling out an armed force to meet and protect Mr. Mac-
Dougall was suggested ; but as it was seen that it would be from
the English speaking part of the Community that such a force
if forthcoming at all, would be chiefly drawn, the result would
evidently be to bring into armed collision, sections of the people
who — although they had hitherto lived together in comparative
harmony, yet differed from each other so widely in point of race,
of language and religion, as well as general habits, that the com-
mencement of actual hostilities between them would probably
involve not only themselves but the surrounding Indians in a
sanguinary and protracted struggle ; and the Council therefore
felt, that without a regular military force to fall back upon they
could hardly be held justified, under almost any circumstances
in resorting to an experiment so full of possible mischief to the
whole country.

The Council at length, having learnt that a number of the
more intelligent and influential among the French were not
implicated in the hostile movement against Mr. MacDougall,
adopted the following Resolution which was moved by Mr. Ban-
natyne and seconded by Mr. MacBeath, viz.

That, Messrs. Dease and Goulet be appointed to collect
immediately as many of the more respectable of the French
community as they could and with, them proceed to the camp
of the party who intend to intercept Gov. MacDougall and
endeavour if possible to procure their peaceable dispersion and
that Mr. Dease report to Gov. Mactavish on or before Thursday
next as to their success or otherwise.

The Council then adjourned.

Minutes of a Meeting of the Governor and Council of Assi-
niboia, held on the 30th October, 1869 at which the following
Members were present: — *

John Black, Esq., Acting Governor, President

1 Not found in the Minute Book. This has been taken from Sessional
Paper No. 12 p. 127. 33 Victoria.

PIONEER LEGISLATION 619

The Et. Rev'd. the Lord Bishop of Rupert's Land, Coun-
cillor.

Dr. Cowan, Councillor.

A. G. B. Bannatyne, Esq., "

Dr. Bird, "

John Sutherland, Esq., "

Wm. Eraser, Esq., «

The President referring to the -decision they had come to at
the last Council as to Mr. Dease proceeding with a number of
his countrymen to the locality where were assembled the people
who have been threatening to intercept the Honorable Mr. Mc-
Dougall on his way to the Settlement, informed the Council
that Mr. Dease's mission had entirely failed in producing the
desired result. 'Not only had that and every other effort of a
conciliatory character proved fruitless in procuring the peace-
able dispersion of the assemblage of malcontents, but they ap-
peared to be even more fully bent upon their purpose. In these
circumstances, and under the impression that Mr. McDougall
had in all probability reached Pembina, the Governor believed
that the time had fully come for entering into communication
with Mr. McDougall on the subject, and in order that no time
might be lost, should the Council. see fit to coincide in that view
of the matter, the President submitted for consideration the
draft of a letter from Governor McTavish in the name of the
Council.

After an earnest and careful consideration of the present
position of affairs, the Council on the motion of the Bishop of
Kupert's Land, seconded by Mr. Sutherland:
Resolved —

That in their opinion, a letter should immediately be sent
to Mr. McDougall, in accordance with the draft that had been
agreed upon.

(&) Letter from Judge Black to Thos. Bunu, Nov. 4,
1869.

St. Paul's

Thursday, 4 Nov. 69
My dear Sir,

Yesterday at the Upper Eort I reed. yr. letter with the draft
Minutes and the Court 'Notices both of which are all right. I
shall keep the draft till we meet, which, for various reasons, «t
might be well if we did soon, say tomorrow or Saturday, if
you could come up this length.

620 CANADIAN ARCHIVES

I think there is some haziness in the public mind about the
actual state of the Licensing law, and I have an idea that it
ought to be publicly notified soon, — as soon as possible in fact
— say Sunday first, but I cannot settle the point as to what
should be done till you shewr me the Minute Book or a copy of
the last licensing law.

Gov. Mactavish I left in bed but rather better, I am glad
to say (when I left him at about 11 to-day) than he was yes-
terday. The French guard of about 120 were still quietly
guarding the Fort, as they call it, and were doing no harm to
property or person but as to when they may disperse, that is
a question which will depend, I suppose, upon what they hear
of the movements of Pembina. It is a mercy that the situation
is not worse and that up to this time no outrage on life or pro-
perty has been committed.

Yours truly
Thos. Bunn, Esq. J. BLACK.

The Gentlemen who constituted the Council of Assini-
boia are requested to meet at the Hudson's Bay House,
Fort Garry, on Tuesday, the 6th inst., at 11 o'clock,
a.m.

DON. A. SMITH,

J. J. Hargrave,

Secretary.

Hudson's Bay House,
September 3, 1870.

(d) Extract of letter from Lieutenant Governor Archibald
to the Secretary of State for the Provinces, Sept, 10, 1870\

I arrived here on Friday. The next day I caused to be
inserted in the " New Nation," newspaper a notice that I
should hold a Levee on Tuesday the 6th instant, at which time
my Commission as Lieut. Governor of Manitoba, and my Com"
mission as Lieut. Governor of the North West Territories
should be read. It seemed to me desirable as the ceremony of
being sworn in had already taken place, that some
other equivalent publicity should be given to the
facts of my Commissions having been issued, and

1 Sessional Papers, 34 Victoria fNo. 20, p. 10].

PIONEER LEGISLATION 621

the Oaths of Office having been taken, the
assemblage of a body of persons at the Levee afforded a good
opportunity of doing this, while the presence of Colonel Wol-
seley and the officers of the expedition enabled me to have it
done with some eclat.

The weather, from the time of my arrival up to the date
of the Levee, was most unfavourable, there being continuous
rain, which, acting on a soil like that of Red River, renders the
roads after a few days almost impassable. Notwithstanding,
there was a very general turn out.

At the hour named, the Commissions and Oaths of Office
were read in the presence of the whole assemblage, immediately
after which the Members of the late Council of Assiniboia,
through their President, Mr. Donald A. Smith, presented an
Address to me, of which and of my answer I send you copies
herewith. This Address of the Government that had passed
away, to the Government that was coming in, seemed a graceful
commencement of the new Regime.

(e) Address presented by the Council of Assiniboia to
Lieutenant Governor Archibald at the levee held in Fort Garry
on the 6th Sept. 187-0.

HONORABLE A. G. ARCHIBALD

Lieutenant Governor of Manitobah

May it please your Excellency,

We the members that constituted the late Council of Assi-
niboia nominated by the Governor and Committee of the
Honorable Hudson's Bay Company desire to welcome your
Excellency on your arrival in this country to assume the office
of Lieutenant Governor.

We would express the hope that you may personally enjoy
your residence amongst us, whilst we rejoice to believe from
the general approval which your Excellency's appointment has
met with, that your services are likely to be of great value to
this country at the present delicate and critical juncture.

Your Excellency may rely on receiving from us individually
as private citizens, our best assistance in your administration
of the affairs of the Country and as those who were formerly
accountable, under the Governor appointed by the Honorable
Company for the direction of affairs, we venture to assure
your Excellency that notwithstanding the events of the past
year, you will find the people of this country loyal to her

622 CANADIAN ARCHIVES

Majesty, obedient to the Laws, and ready to support your Ex-
cellency in the just administration of them.

We look forward to a rapid change in the circumstances
of this Province from the opening up of the Country and the
development of the resources, and we feel sure that its union
with the Dominion of Canada will greatly promote this result.
We would therefore express our pleasure at this Union being
now happily secured, though we are not unmindful of many
acts of kindness shown from time to time by the Honorable
Company to this Settlement.

We would then in welcoming your Excellency amongst us,
hope that your Excellency may see a large development of the
resources of the Country while it is under your charge, and we
pray that, by the guidance and blessing of God wise measures
may be adopted, and peace plenty and prosperity be the result.
(/) Reply of Lt. Gov. Archibald to an Address by the late
Council of Assiniboia, Sept. 6, 18701.

To the Members of the late Council of Assiniboia,—

Gentlemen, —

I thank you sincerely for your kind welcome. Your
assurance that I may, in the administration of the affairs of
this country, rely upon the assistance of the gentlemen who
constituted the late Council of Assiniboia — an assistance the
value of which I do not underrate — gives me encouragement to
hope for some measure of success in the Government of the
country. Of this at least let me assure you; my whole time
and any ability I may possess shall be devoted without reserve
to the one object of promoting the best interests of this vast
Territory, and I shall endeavor to act in such a way, that the
approval, with which, as you have kindly reminded me, my
nomination as Governor has been generally met, shall not be
found to have been wholly undeserved.

No body of men can have had a better opportunity than
yourselves of fairly estimating the feelings of the population,
and it gives me very great gratification to receive your con-
fident assurance that, notwithstanding the events to which you
allude, you can vouch for the loyalty of the inhabitants of the
country, and for their readiness to support a just administra-
tion of the laws. With these feelings pervading the body of
the population, we may look with sanguine hope to the main-

1 Sessional Papers, 84 Victoria [No. 20, p. 12.]

PIONEER LEGISLATION

tenance of order, to the establishment of good laws, and to a
rapidly increasing prosperity.

Your anticipations relative to the change to arise from
the opening up of the country and the development of its re-
sources will unquestionably be fulfilled. It is impossible to
overrate the advantages which this Territory offers to the Im-
migrant, and I have not a doubt that population and capital
will rapidly flow in where there is such abundance of the ele-
ments by which population and capital are always attracted.

Now that the Province has been incorporated with the Dom-
inion it will partake of the prosperity of the older communi-
ties. Politically joined to the other Provinces, new routes of
communication will soon be opened up. The telegraph system,
extended to this place, as it shortly will be, will give you hourly
communication with Canada and Europe. The highway and
the telegraph will remove the isolation in which you have been
hitherto kept by the boundless prairies of the South and the
impassable swamps and lakes of the East, and make you part
and parcel of the living and moving world.

I must cordially concur in your hopes that, under the
guidance and blessing of God, wise measures may be adopted
which may be followed by peace, plenty, and prosperity.

The fate of this country is in the hands of its own people.
Let wise counsels prevail. Let the people devote themselves
to the task of developing their great resources, in a spirit and
with an energy worthy of the mighty heritage which has fallen
to them, and we may fairly hope for that blessing which a
kind Providence seldom withholds from efforts well inten-
tioned and well directed.

(Signed) ADAMS. G. AKCHIBALD.

Fort Garry, Sept 6th, 1870.

NORTHERN DEPARTMENT OF RUPERT'S LAND.

The death of Lord Selkirk in 1820 removed the last obstacle
to the union of the Hudson's Bay and the North West Com-
panies. The bitter warfare of the previous decade had wrought
cruel havoc among the Ked Kiver Settlers, had brought suffer-
ing and death to the adherents of both factions, and had
threatened with extermination the fur-bearing animals from
which alone profit could be hoped for. But with the coalition
of the Companies peace had come, and, with the. elevation of

024 CANADIAN ARCHIVES

young George Simpson to the (position of Governor, new life
and vigour animated the Fur Trade.

The Instrument that regulated the interests of the contract-
ing Companies was the Deed Poll of March 26, 1821. By
it Commissioned Officers or Wintering Partners were chosen
from both sides as follows, —

25 Chief Factors, — Thomas Vincent, John Thompson, John
Macdonald, James Bird, James Leith, John Haldane, Colin
Eobertson, Alexander Stewart, James Sutherland, John George
McTavish, John Clark, George Keith, John Dugald Cameron,
John Charles, John Stuart, Alexander Kennedy, Edward
Smith, John McLoughlin, John Davis, James Keith, Joseph
Beioley, Angus Bethune, Donald MacKenzie, Alexander
Christie, John McBean.

28 Chief Traders, — William McKintosh, Jacob Corrigal,
Thomas McMurray, Donald Mackintosh, John Peter Pruden,
Allan Macdonnell, James Clouston, Daniel William Harmon,
Koderic MacKenzie, John Spencer, Hugh Faries, John Lee
Lewis, Andrew Stewart, James McMillan, Angus Cameron,
John Warren Dease, William Brown, Simon McGillivray, Wil-
liam Connolly, Robert Me Vicar, Peter Warren Dease, John
McLeod, John Rowand, Joseph Felix La Rocque, Alexander
McDonald, Alexander Roderick McLeod, Joseph McGillivray,
Roderick Mackenzie.

Under the Deed Poll of 1821 the following Chief Traders
were promoted to Chief Factors, — 1822 William McKintosh;
1825 William Connolly and John Rowand; 1827 James Mc-
Millan; 1828 Allan Macdonnell, John Lee Lewis and Peter
Warren Dease; 1830 Roderick MacKenzie; 1832 Duncan Fin-
layson. The following were promoted from clerkships to the
rank of Ch'ief Traders, — 1821 Peter Skene Ogden and Samuel
Black; 1822 Alexander Fisher ; 1827 Cuthbert Gumming ; 1828
Francis Heron, John Sievewright, Robert S. Miles, Duncan
Finlayson, Colin Campbell, Alexander McTavish, Archibald
McDonald ; 1829 Robert Cowie, John Edward Harriott, Donald
Ross ; 1830 Aemilius Simpson and John Work ; 1831 William
Todd; 1833 James Hargreave and ISTicol Finlayson,

The Deed Poll made provision for the apportionment of
the annual profits and losses of the fur trade. The first charge
on the proceeds was a 5 per cent interest payment on the cap-
ital made annually to the proprietors. Of the net profits and
losses 60 per cent was reserved to the proprietors, the balance
went to the wintering partners. The share for the gentlemen

PIONEER LEGISLATION $25

in the interior was subdivided into 85 equal parts, of which
two went to each Chief Factor and one to each Chief Trader.
In the period of 1821-1833 only, the outfit (the year's transac-
tions) of 1821 showed a loss, which amounted to £196.7.1. per
individual share. The average gain was an annual profit of
£393.8.4. per share. Under the Deed Poll of 1821 the part-
ners were granted one year in every seven as furlough. On
retirement, Chief Factors and Chief Traders became entitled
to full profits according to their rank for one year, and half
profits for a period of six years.

A second Deed Poll was executed on June 6, 1834. The
same rate of remuneration was continued to the wintering
partners, and provision was made to meet any possible deficit
without charging it to any individual wintering partner. This
Deed Poll continued in operation till Dec. 14, 1871 when it
was superseded by another in consequence of the reorganization
brought about by the transfer of the Company's Territories to
the Dominion of Canada.

The Minutes which follow cover the period 1830-
1843. During the period 1834-1843 the following promotions
were made, — 9 Chief Factors, — 1834 Peter Skene Ogden;
1836 John Peter Pruden and Alexander R. McLeod; 1838
Hugh Faries, Angus Cameron and Samuel Black; 1840 Don-
ald Ross and James Douglas ; 1842 Archibald McDonald.

23 Chief Traders, — Richard Hardisty, John McLeod Jr.,
Mimkeh McPherson and John Tod; 1835 James Douglas,
Thomas Fraser, George Gladman, and Richard Grant; 1838
Donald Manson and William Nourse; 1840 Thomas Simpson,
WilJiam H. McNeil, Peter C. Pambrun and George Barna'con;
1841 John Bell, Thomas Corcoran, Alexander Simpson and
<John McLean; 1842 William G. Rae, John Swanston, Francis
Ermatinger and Charles Ross; 1843 John M. Yale.

After the coalition of the Companies in 1821 the Terri-
tories of the new Hudson's Bay Company were organised into
4 Departments, — that of Montreal, the Southern, the Western
and the Northern. Montreal had oversight of all business in
the Canadas, including the King's Posts and subsequently a
portion of Labrador. The Southern embraced part of the shore
east of Hudson Bay, and the entire territory between James
Bay and the Department of Montreal. The Western included
the district west of the Rocky Mountains. The Northern was
the largest and most important of all. It embraced the vast
region between the Bay and the Mountains, and between the
United States and the Arctic Ocenn.

28159—40

626 CANADIAN ARCHIVES

The great Fur Councils were constituted of ail Chief
Factors and certain Chief Traders. The Chief Factor?
attended ex officio. "A Chief Trader in charge of a district was
required to attend, and any Chief Trader besides who hap-
pened to be at hand was invited, and when so attending had
the same right of discussing and voting as the Chief Factors,
except in voting for the promotion of a clerk to a Chief Trader-
ship or a Chief Trader to a Chief Factorship. The Northern
Council met at York Factory, Norway House or at
the Ked River Settlement, According to Chief Factor
Eoderick Macfarlane Sir George Simpson presided at
0 Councils at York Factory, 12 at the Red River
and 17 at Norway House. The purpose of the Councils was,
as the Minutes avow, " to establish such Rules and Regulations
as may be considered expedient for conducting the business of
said Department and in order to investigate the result of the
trade of the previous year and to determine the Outfits and
general arrangements for the trade of the current year con-
formably to the provisions of the Deed Poll of 1821".

The following table indicates the date, the place of meeting
and the membership of the various Councils during the period,
1830-1843,—

PIONEER LEGISLATION

627

28159— 40J

628

CANADIAN ARCHIVES

PIONEER LEGISLATION 629

. The Minutes of the Council take us right to the heart of
the organisation of the Fur Trade. That small group of men
meeting at York Factory, Norway House and Ked River Set-
tlement, exercised rule over a domain that for size dwarfs by
comparison some of the proudest kingdoms of the earth. Their
chief interest, but by no means their sole responsibility, was
the profit to be gained from skins. The Standing Eules and
Regulations controlled the tariff for advances throughout the
Department, the condition and remuneration of clerks and ser-
vants ; imposed restrictions on the actions of the commissioned
gentlemen; fixed the price for country produce; adjusted the
cost of freight ; regulated the treatment of Indians, the lading
of crafts, and the nursing of the country with a view to the
preservation of beaver. They contained also regulations
which necessitated the keeping of a journal of occurrences at
the various Forts, which safeguarded the proper treatment of
women and children, and which sought the moral and religious
improvement of the Indians and the families attached to the
different establishments.

The first resolutions at each Council had reference to the
rotation of furloughs and the granting of leave of absence. The
appointment of. Chief Factors and Chief Traders to the various
districts, the adoption of measures for the transportation of
goods, for regulating the size of outfits, for providing passages
from one point to another, for forwarding letters, for saving
the beaver, for extending the trade, for prosecuting discoveries,
for determining price lists for valuing returns of trade, for
withdrawing the Indians from the American establishments,
for fixing the rate at which the dollar would exchange at +he
Red River, all these are typical of the legislative activity of
the Fur Council.

Among the special features of the Minutes during the
period 1830-1843 may be mentioned the Russian Agreement of
February 6, 1839, a Scheme for a Benefit Fund of 1840, Reso-
lutions outlining the definite relations in which the Wesley an
Missionaries were placed, the attitude of the Company towards
'the diffusion of Christianity and civilisation among the
natives. Instructions for preparing Gavin re, and the appoint-
ment of the Governor of Assiniboia. The grant of money
and douceurs to the Roman Catholic and Protestant Missions
at Red River, the encouragement shown to education, the
attitude to retired servants who settled at the Red River, the
assistance shown to Captain Back's expedition, the policy re-

630 CAXAIHA.X ARCHIVES

garding the experimental farm at Red River and agriculture
in general, the payment of services rendered by medical practi-
tioners at Red River, are characteristic items of the Minutes.

The work of the Council was admirably summarized by
the Right Hon. E. Ellice, M.P. in his evidence hefore the
Select Committee of the House of Commons on June 23,
1857,—

" A Council is composed, in the interior, of the Chief
Factors, the higher class, which meets every year. It has met
at different places but it meets generally at the Red River.
The trade is directed, first of all, by the Board of Directors at
home, but, like the East India Company, they have their
Council in the interior, which regulates the local concerns of
the Company. That Council, which meets every year, takes
into consideration the accounts of the preceding year, audits
those accounts, sends orders home for the goods required for
the ensuing year's trade, stations the various servants of the
Company at such posts as the Council may think they are best
qualified to occupy, and if vacancies occur in the service, re-
commends to the directors at home the fit persons then being
in the service to succeed to those vacancies. So that, in fact,
the whole affairs of the Company, so far as the fur trade is
concerned, are conducted by that Council, subject to the control

and superintendence of the Board of Directors at home

The Council consists of as many as can conveniently assemble,
who act for the whole body .... All appointments are made by

the Government at home ; the Council only recommend

They have no power, except with the consent and concurrence
of the Board at home.'7

Introductory Remarks upon the Minutes of the Council of the
Northern Department of Rupert's Land, 1830 to 1843,
supplementary to those of Professor Oliver, by Isaac
Cowie, formerly a Commissioned Official of the Hudson's
Bay Company.

The very beginning of government under the Royal
Charter of the Hudson's Bay Company was in the appoint-
ment of Governors and Councils for each principal establish-
ment or factory on the coast of Hudson's Bay. There were Gov-
ernors and Councils at Churchill, York, Albany and Moose
Eorts, composed of the officer-in-charge as Governor, with his

PIONEER LEGISLATION 631

second in command and the surgeon as Councillors, so as to
fulfil the legal requirements of the charter for the exercise of
legislative, administrative and judicial powers. These local
Councils were independent of each other, and subject only to
the Governor and Committee in London, although expected to
act together in the common interest, and did so act when
personal rivalry did not interfere. For the bond of union as
" wintering partners " of the company did not then exist
between these " Chiefs of Forts " and " Masters of Houses "
(which were the early official designations), these being paid
by salaries with a bonus on the trade of their individual posts
only, and not on the whole profits made on the Bay. From
these beginnings the subsequent Councils of the Northern and
Southern Departments of Ruperts Land were evolved.

The data contained in these minutes furnish a skeleton his1
tory, during that import-ant period, of those parts of the old
" Hudson's Bay Territories," held under both Royal Charter
and License, in the countries now comprising New Ontario,
the three Prairie Provinces, the North West and Yukon Terri-
tories, and the Province of British Columbia, besides throw-
ing light upon the operations of the Company in Russian
America and in the States of Washington, Oregon and Cali-
fornia, also in the Sandwich Islands.

The main purpose of these annual meetings was to receive
reports upon the operations of the previous year and to make
arrangements for carrying on trade during the next, and, often,
for many future years. Following the waterways, the chief
means of communication in a country so favoured by nature
in that respect, and, when these were interrupted, the lines of
least resistance overland, pointed out by the tracks of wild
animals and the trails and portages of the Indians, they solved
the greatest problem set before them and their chief difficulty,
in a land of magnificent distances, by means of the birch bark
canoe, the " inland " boat, and the main strength and skill of
the voyageurs who manned them. The feats performed by
these men in the battle with the wilderness and in the fight
against immense distances have never been surpassed if ever
equalled. And the wise men who sat in Council and planned
these campaigns in transportation so admirably a year or years
in advance, so that " brigades " starting from places as far
apart as the lower Mackenzie River and from Red River "Dis-
trict ; and others from Fort Vancouver, at the mouth o f the
Columbia, and from York Factory on Hudson's Bay, were so

632 CANADIAN ARCHIVES

nicely timed to meet at fixed points and exchange freight and
passengers that they rarely failed to connect on schedule time.
And this in a time when swift mail and telegraphic communi-
cation did not exist.

The same wise foresight which regulated their system of
transportation was displayed in every other detail of their
business as traders. The interests of the fur trade were para-
mount, indeed fur was the only exportable product of the
country before the railway age, and affected the life of every
one in the Territories, including the settlers upon the Red
Eiver. There Thomas, fifth Earl of Selkirk, had made an
attempt to found a colony, in opposition alike to the opinions
of his enemies of the North West Company and of his friends
of the Hudson's Bay. But, upon the cessation of hostilities
between these rivals, when they became a united company, the
old plan of the North Westers to form a settlement on the
Rainy River for their retired servants (from which possibly
may have originated Selkirk's subsequent colonizing idea) was
carried out on the Red River, where their supernumeraries and
those of the Hudson's Bay Company came to the number of
?,500, far exceeding all the settlers ever brought "under the
auspices of the Earl of Selkirk." Hence Sir George Simpson,
in his journey round the world, states that the real settlement
on the Red River began in 1821, when the union of the Com-
panies led to the disbandment of their forces, many of
these retired to become settlers on the Red River, provided
with means to start and experience in the country, including,
in many cases, that gained by raising crops ftt the trading
posts, where these were necessary to eke out the uncertain
produce of the chase and fishery.

It was only natural that a settlement composed chiefly of
men who had served with them as companions in the wilds
should be viewed with favour by the Councillors of Rupert's
Land, many of whom contemplated spending the evening of
their days, with their native children, surrounded by the com-
forts and conveniences afforded at, Red River; where, more-
over, the company's employees were each entitled " for past
services," to receive free grants of land out of the one-tenth
reserved for that purpose in the original grant to Selkirk.
Consequently the Minutes record from time to time the grant
of money and allowances of imported " luxuries " (as they
were called in that time of expensive and diificult transporta-
tion), consisting of tea, sugar, rice, raisins, wines and liquors,

PIOXEER LEGISLATION 633

to the Missionaries in the Colony; funds in aid of public
works ; and the establishment of experimental farms, for which
fine live stock was imported.

Besides being a convention on the business of the fur trade,
the Governor and Council of the Northern Department of
Rupert's Land (which exercised control over the minor
Councils of the Southern and Montreal Departments — in what
are now the Provinces of Ontario and Quebec — as well as
those of Columbia and New Caledonia beyond the Rocky
Mountains) had, under the Royal Charter, power to make laws
and .act in a judicial capacity for and in the chartered terri-
tories. In these the only other legislative and executive Coun-
cil was that of the Municipality of Assiniboia, which was com-
posed of that portion of the great District of Assiniboia, grant-
ed to Lord (Selkirk, extending fifty miles from the Forks down
by the Red and up along the Red and Assiniboine Rivers, and
two miles back on each side of these rivers.

In its legislative capacity the Northern Department Council
was supreme over that of Assiniboia, whose enactments were
on occasion disallowed by it, in fact the two councils stood in
nearly similar relations as do the Dominion Parliament and
Provincial Legislatures to-day. When the Governor of
Rupert's Land was present the Governor of Assiniboia left the
chair and became one of the Council. When a Chief Factor
from another part of the territories visited Red River he, as a
Councillor of Rupert's Land, took a seat by right as such in
the Council of Assiniboia; but a Councillor of Assiniboia had
no seat or right in the Council of Rupert's Land.

During the early period when the Governors of Assiniboia
were the nominees and agents of Selkirk, but appointed as
Governors by the Company under their charter, much friction
arose between such Governors and the Chief Factors and
Councillors of Rupert's Land who were in command of the
fur trading " Red River District." But, afterwards, when the
officer in charge of the " Red River District " became ex oificio
the Governor of Assiniboia also, this source of trouble ceased,
and no Council of Assiniboia so presided over was likely to
enact any regulation which the Governor knew would be
objected to by the Council of the Northern Department of
Rupert's Land, or the Governor and Committee in London. On
this limitation reference may be made to the " Report of the
Law Amendment Committee" submitted to the Council of
Assiniboia by Recorder Thorn in May, 1851, which says:—

634 CANADIAN ARCHIVES

*' Our local legislature owes allegiance to the Governor and
Council of Rupert's Land . . . and has no right to control
any one of the Company's chartered powers."

To review or even briefly summarize all the acts of the
Council of the Northern Department would require space not
available in this publication. But from a roiigh general index
the following headings to subjects of probable interest to the
reader and student are taken; — From Standing Rules and
Regulations — Sale Tariff of Merchandise, Buffalo Robes and
Leather to Settlers. Freight rates to and from York Factory.
Freight and Passenger Rates on Ocean — to and from Hudson's
Bay and Fort Vancouver (at end of series of Minutes). In
the Minutes of each year will be found money grants for Red
River gaol and police; to surgeons, surveyors, schools and
clergymen; orders for colonial produce required by the Fur
Trade, and prices to be paid therefore; regulation re imports
by settlers from England ; engagement and wages of boatmen ;
freight rates by Company's boats ; employment of boats owned
by settlers to freight to and from York Factory; the employ-
ment of Indians from outside the settlement to man such con-
tractors' boat prohibited ; and the establishment of Lower Fort
Garry, the post at Portage La Prairie, and the Experimental
Farms presided over by Chief Factor McMillan and Captain
Cary.

Outside of the colony, grants were given to Wesleyan Mis-
sions at York Factory, Norway House and Edmonton, and to
the Roman Catholic mission" on the Columbia. The making of
n winter road, between the head of the tracking ground on
Hayes' River and Norway House, was persisted in for several
years, but was finally abandoned as more expensive than boat-
ing. Besides the regular mails by annual ship, summer
brigades and winter expresses, one to Canada by Fort William
and Sault Ste Marie, and another to St. Peters (near St. Paul,
Min.) were established. The sale of spirituous liquors to Indians
was prohibited throughout the country, except at points where
the fur trade was exposed to competition with American
spirit dealers. Resolutions were yearly passed, confirming the
Standing Rule for the preservation of the beaver, and limiting
the output of their skins from depleted districts. The Indians
were to be compensated for abstaining from hunting these
animals. By Standing Rule No. 38 the Company's employees
were enjoined always to treat the Indians with kindness and
humanity, and to invite them to attend the Sunday service?,
which the commandant of each post was directed to read by

PIONEER LEGISLATION 635

Rule No. 1. Annual lists of the Indians attached to each post
were to be sent to headquarters, and a General Census was
taken in 18*37.

The period covered by these Minutes was characterized by
a nota'ble spirit of enterprise in seeking new fields for trade.
Besides assisting the Arctic Expedition of Captain Back for
the Admiralty, the Company sent an expedition of its own
under Chief Factor Peter Warren Dease and Chief Trader
Thomas Simpson, which successfully outlined the great gap
between the eastern and western surveys of the Arctic Coast
made by previous British expeditions. John Bell crossed the
Rocky Mountains from PeePs River, near the mouth of the
Mackenzie, and, descending the Porcupine to its junction with
the Yukon River, there established Fort Yukon. Meanwhile
John McLeod had ascended the head waters of the Liard and
passed through the Rockies; and Postmaster Robert Campbell
volunteered to carry on and extend the discoveries in the same
direction, which later carried him on down to Fort Yukon, and
won for him the name of* " The Livingstone of the North
West."

To Labrador an expedition was sent from Moose Factory
which discovered a canoe route to Ungava Bay, where Fort
Chimo was established, and became a post supplied toy ocean

Great performances, of which note is found in the Minutes,
were those undertaken in and from the Columbia Department.
A ship was built at Fort Vancouver in 1830, the first steam-
boat on the Pacific, the " Beaver," came out under sail in 1836,
and, armed and manned like a ship of war, carried on the trade
on board with the fierce and treacherous Indians of the coast,
while also freighting supplies to the regular posts there estab-
lishefl. A treaty Avas made with the Russians for the lease of
a strip of their coast line, on which the company established
posts, and for which the rent was paid in land otters, collected
from the Northern and Southern Departments and sent
annually to the Columbia with the brigades of recruits for the
service who had come, by York Factory, from Scotland during
the previous year. The Russian treaty demanded, besides
otters, large supplies of flour and other agricultural produce,
which were raised on the extensive farms at Fort Vancouver.
This demand led to the formation of the subsidiary company
known as "The Puget Sound Agricultural Company," of which
the company's officers were the individual stockholders.

636 CANADIAN ARCHIVES

In the year 1839 establishments were formed in the Sand-
wich Islands and in California, where the Company had a
large farm near the site of San Francisco. The Minutes later
direct that Chief Factor Douglas (afterwards the celebrated
Sir James Douglas) be sent to select a site for a new establish-
ment on the Straits of De Fuca, which is now become the City
of Victoria.

One of the most interesting features of the Minutes to
their descendants and other friends living in the North West
iv= the names, ranks, movements and emoluments of the Com-
pany's Chief Factors, Chief Traders, Clerks and Postmasters
given from year to year. These are all of historical, and
occasionally of legal value.

The Company's activities covered a wide range of subjects,
from meteorological observations and zoological collections
for the British Museum, to general banking and receiving
employees' savings on deposit at interest. But it is impossible
within the allotted space to do justice to all the subjects men-
tioned in the Minutes ; neither is it possible for one who has not
derived his knowledge from other sources to read between the
lines of the resolutions for the causes of which the resolutions
were the result.

Each Council was opened with the reading of the General
Letter of the Governor, Deputy Governor and Committee (who
subscribed themselves as " Your affectionate Friends ") to
their trusty and well beloved partners in the Fur Trade — the
Chief Factors and Chief Traders. In the absence of copies of
these letters and of the reports made annually to the Council
by each officer in charge of a district, it is impossible to fully
rmderstand the resultant resolutions of this Council. All such
documents are still kept private by the Company, although the
time is long past when their publication could do any harm to
their trade by divulging its secrets. Indeed, judg-
ing from the highly creditable exposure made by
these Minutes of their mode of doing business
and the laudable interest taken in the general well-being of
their Territories, the publication of these well preserved records
would only redound to the credit of the Company's rule and to
1he confusion of their detractors. For it must be noted that
the Minutes here for the first time published, were never in-
tended when they were recorded for the eyes of the outside
public, although each district and commissioned officer was
entitled to a copy for their use and guidance. Few of the

PIONEER LEGISLATION 637

Chief Factors and Chief Traders, however, took precautions
for the preservation of their copies, and we are indebted for
these important revelations to the care of an exception to this
rule, who handed them down to his children, who unlike too
many others into whose hands such documents have fallen,
have carefully preserved them.

But they cover only a limited, though glorious, period in
the history of that great company, whose officers and men in
North America, serving with conspicuous " courage and fidel-
ity," succeeded by their effective occupation of the territories
in preserving them for the British Crown until their union with
Canada.

Will 'the Company supply the remaining Minutes from
1831 to 1872 ?

ISAAC COWIE.

Ottawa, 6th March, 1913.

Minutes of the Hudson's Bay Company's Council of the
Northern Department of Rupert's Land, 1830 to 1843, with
extracts from Council of 1822 prefixed.

Extracts from Minutes of Council of 1822, from the
" Bulger Correspondence," vol. 2, page 245 et seq., in the
Dominion Archives: — "Minutes of a Temporary Council
teld at York Factory, Northern Department of Rupert's Land,
the Twentieth Day of August, 1822.

PRESENT

John Halkett, President.

George Simpson, Governor.

Colin Robertson, Chief Factor.

John Geo. McTavish, Chief Factor.

James Keith, Chief Factor.

John Spencer, Chief Trader.

Mr. Halkett laid before the Council a Commission, under
the seal of the Hudson's Bay Company, authorizing him to
preside at such Councils during the time he remained in the
Company's Territories.

Regulations for the Government of Rupert's Land.

Mr. Halkett then submitted a copy of " Resolutions passed
at a General Court of the Hudson's Bay Company the 29th
May, 1822," and a letter from Lord Bathurst (Colonial Secre-

638 CANADIAN ARCHIVES

tary) to Mr. Joseph Berens (Governor of the Company), 30th
May, 1822, sanctioning the Resolutions, all of which are
quoted in full in the Minutes of Assiniboia on a preceding
page.

The Council proceeded to " Resolve 1st That copies of
these Documents be immediately prepared and forwarded as
far as may be now practicable to the several Chief Factors for
their information."

Flan for Settling Veteran Fur Trade Servants and Half breed
Families in Red River Colony.

Mr. Halkett laid before the Council dispatches from the
Governor and Committee to Governor Simpson, dated re-
spectively 27th Feb., 8th and 27th March, 1822, and stated
that they were on " an important subject upon which they
appear to be extremely anxious." As the despatches of 27th
Feb. and 8th March are of the same tenor on the subject, only
the extracts here following are given : —

Letter of the 27th Feby., 1822, Para. 45 : " It has become
a matter of serious importance to determine on the most proper
measures to be adopted with regard to the men who have large
families and who must be discharged, and with the numerous
halfbreed children whose parents have died or deserted them.
These people form a .burden which cannot be got rid of without
expense, and, if allowed to remain in their present condition,
they will become dangerous to the Peace of the Country and
safety of the Trading Posts. It will therefore be both prudent
and economical to incur some expense in placing these people
where they may maintain themselves and be civilized and in-
structed in Religion.

"We consider that all these people ought to be removed
to Red River, where the Catholics "will naturally fall under
the Roman Catholic Mission which is established there, and
the Protestants and such Orphan Children as fall to be main-
tained and clothed by the Company may be placed under the
Protestant Establishment and Schools under the Rev. Mr.
West.

" The Church Missionary Society have voted large sums
for the provision of two Clergymen and a School Master and
Mistress for the instruction of Indian Children, and allow
other Children to be educated in the School on payment of a
moderate fee.

PIONEER LEGISLATION 639

" It would be improper and dangerous to remove or allow
large bodies to go to Red River without appointing some
proper intelligent Chief Factor or Chief Trader and super-
intend them and control in some degree their conduct for the
First Year — and it will be necessary to provide some assist-
ance for those people in the way of ammunition and clothing.

"We wish this subject to fre considered by the Gentlemen
who may attend Council, and in another Despatch we hope to
be able to send a Sketch of the proper plan of proceeding in
the matter."

An Industrial School for Orphans.

Letter of the 8th March, 1822 :

"Para. 7. Small allottments of 20 or 25 acres of land will
be made for men with families, and a General Establishment
under the plan of a School of Industry will have to be formed
for the Orphan children. But it will be necessary that some
assistance should be given to the men with families in clothing,
tools, seeds and ammunition to enable them to build houses
and settle themselves on the land and maintain their families
until they can reap a crop. It is not to be expected that the
men will do this themselves, and the Managers of the Settle-
ment will not consent to a large population of this kind being
thrown on them unless they are properly provided for and
under some efficient management and control. It is necessary
therefore that this measure should be carried into execution
under a proper system, but, as we are confident that it will be
the most economical in the end, we think, the money it will
cost will be well spent."

The dispatch, after again ordering the appointment of a
proper superintendent, says, " The heads of families ought to
come under a written engagement to obey the directions of the
Gentleman (superintending) in consideration of which they
will be entitled to the above assistance and to these allotments
of land."

" Para. 8. With respect to the Orphan children there will
be some expense at first in erecting buildings, &c. But if the
elder Boys are employed in cultivation, and the girls and
younger children at other works of industry, the expense will
not be very considerable and their Religious Instruction and
Education may be carried on at the same time. As the
children grow up they may be apprenticed to the Respectable

640 CANADIAN ARCHIVES

Settlers, who will afterwards support them In consideration of
their labour for the term of their apprenticeship."

" Mr. West and his assistants will take charge of this part
of the plan."

Letter of the 27th March, 1822 :—

Para. 21. With reference to the 45th paragraph of our
letter of 27th Feby., we enclose a copy of a letter which we
have addressed to the Reverend Mr. West and a copy of a
letter going more into details addressed to him by Mr.
Harrison, the directions contained in which we confirm, and
have to request the attention of the Council to this important
subject. We shall expect a report when this and any further
measures for the promotion of this object which the Council
may suggest."

The council then passed a series of Resolutions to carry out
the directions of the London Committee, directing Chief Factor
Clarke to consult with Governor Bulger, to commence the
necessary buildings, and to request the co-operation of the
Rev. Mr. West, and also authorising an expenditure of £300
for the first year and the employment of as many of the Com-
pany's servants as could be spared for the erection of buildings.
The allotments to be 25 to 30 acres in the neighbourhood of
Image Plain.

Fort at Pembina to be Abandoned.

The Council next considered the state of the fort at Pem-
bina, and because of its need of repairs, of reinforcements to
protect it against the Sioux and other hostiles, and the heavy
expense of its maintenance, compared with its trade returns,
ii was decided to abandon it entirely.

Orders to Suppress " Free Traders/ J

It was also resolved " That Mr. Clarke be directed to exert
himself to the utmost in putting an immediate and complete
stop to the Petty Traders from Canada or from the United
States, who have for some time past been carrying on an un-
authorized Traffic in Furs upon the Red River with the Indians
and other persons within the Company's Territories," and that,
as the Council are of opinion that the late unfortunate murders
perpetrated by the Sioux Indians in that quarter have in a
great measure originated from the connection which appears
to have existed between the bands and some of the Traders

PIONEEB LEGISLATION (541

alluded to, Mr. Clarke be instructed to have immediate re-
course, when necessary, to those Measures which in this
respect and especially authorized and sanctioned by the pro-
visions of the Koyal Charter of the Hudson's Bay Company."

The Council then adjourned.
viz:

Minutes of a Council held at York Factory ; Northern De-
partment of Rupert's Land which commenced on the third day
of July 1830 for the purpose of establishing such Rules and
Regulations as may be considered expedient for conducting the
business of said Department and in order to investigate the
result of the trade of last year and determine the Outfits and
general arrangements for the trade of the current year con-
formably to the provisions of a Deed Poll, under the seal of
The Governor and Company of Adventurers of England trad-
ing into Hudson's Bay bearing date the twenty-sixth day of
March 1821, at which were present the following Members,
Viz:

George Simpson, Governor in Chief.

Colin Robertson, Chief Factor.

Alexander Stewart do

John Clarke do

John D. Cameron do

John Charles do

John Stuart do

Alexander Christie do

William McKintosh do

John Rowand do

P. W. Dease do

John Lee Lewes do

Roderick McKenzie do

Resolved 1. That Chief Traders be invited to attend and ID
consequence the following were present, viz:
Duncan Finlayson, Chief Trader.
Robert Miles do

John E. Harriott do

Resolved 2. That the rotations of Furlough for the current
year 1830 be in favour of Chief Factors P. W. Dease, Colin
Robertson and James Leith.

3. That those of Chief Factors P. W. Dease and Colin
Robertson be transferred to Chief Factors Alexander Stewart
and John Clarke who with Chief Factor Leith avail themselves
thereof.

28159—41

642 CANADIAN ARCHIVES

•i. That) the Rotations of Furlough for the present year be
in favor of Chief Traders A. E. McLeod and Alexander Fisher.
Neither avail themselves thereof.

In order to -guard against any misapprehension in respect
to the Rotation of Furlough for the two ensuing years,

5. That they be considered as in favor of Chief Factors
Alexr Stewart, J. George McTavish, and John Clarke, and
Chief Traders Samuel Black and P. Skene Ogden for Outfit
1831/32 and for Outfit 1832/33 in favor of Chief Factors John
Keith, John D. Cameron and John Charles and Chief Traders
Cuthbert Cummings and Francis Heron.

The request of Chief Trader Francis Heron contained in a
letter under date the 19th April, 1830, to be allowed to accept
the Transfer of Chief Trader Samuel Black's rotation of Fur-
lough for Outfit 1831 under the provisions of the 21st Article
of the Deed Poll having been duly considered it is apprehended
that if this indulgence were granted such Transfer and ex-
change might be injurious and inconvenient to the interest of
the Columbia Department to which both these Gentlemen are
attached, it is therefore

Resolved 6. That this request of Chief Trader Heron be not;
complied with unless Chief Factor John McLoughlin finds that
it can be not without injury or inconvenience to the business
of the Columbia Department, in which case Chief Factor John
McLoughlin is hereby authorized to afford Chief Trader Heron
a passage to York in the Craft of ensuing season.

The request of John McLeod to be allowed leave of absence
and a passage to England this season for the benefit of his
health accompanied by Doctor William Todd's Medical Cer-
tificate having been duly considered it is Resolved

7. That Chief Trader John McLeod be granted leave of
absence for one year accordingly.

8. That the following appointments take place, viz:

Districts. Chief Factors. Chief Traders.

Athabasca John Charles Colin Campbell

McKenzies River Edward Smith

English River Roderick McKenzie

Cumberland William McKintosh

Saskatchewan John Row and J. P. Prudeii

Swan River Colin Robertson

Norway House Dond. Ross

PIONEEB LEGISLATION

643

Island Lake J. Lee Lewes

Nelson River

York Alexr Christie

Winnipeg John Stuart

Lac la Pluie J. D. Cameron

Eed River Settlement Donald McKenzie
!N"ew Caledonia William Conolly

Peter W. Dease
Columbia J. McLoughlin

Josh McGillivray
Robert Miles

Thos. McMurray
Duncan FinlaysoiL
Alexr. Fisher

Simon McGillivray
A. R. McLeod
Samuel Black
P. S. Ogden
Francis Heron
Archd. McDonald
John E. Harriott
Experimental Farm at Red River James McMillan C. F.

In reference to the appointment of Chief Trader Simon
McGillivray to the District of Columbia, it is Resolved

9. That in the event! of that Gentleman not arriving at Fort
Chippewyan from Great Slave Lake in sufficient time to pro-
ceed to the Columbia by New Caledonia, say on or before the
20th Sept. he be retained in the Athabasca Department for the
current year and his appointment to the Columbia be trans-
ferred to Chief Trader Colin Campbell.

10. That the following arrangements take place, viz. :

11. Winter Arrangements —
Athabasca Fort Chippewyan

Dunvegan
Gt. Slave Lake
Vermilion

J. Charles C.F.
James Heron Clk.
Colin Campbell C.T.
George McDougall Clk.
Paul Fraser do

12. That 4 Boats 29 men and about 220 pieces Goods con-
stitute the Current Outifit for Athabasca District. .

Resolved 13. That the quantities of Leather, parchment,
pack cords, and Babiche stated in 84th Resolve as being re-
quired for New Caledonia which have usually been furnished
by the Saskatchewan District be from henceforward provided
ati Dunvegan together with a sufficient quantity of Grease to
make up the ladings of 2 Canoes to 50 ps. in all, deliverable
when called for after the month of August in every year.

28159— 41£

844 CANADIAN ARCHIVES

14. That Chief Factor Charles be directed to leave Fort
Chippewjan with the Boats and accompany them to Portage la
Loche from whence he will precede his Brigade in Mr. Con-
olly's Canoe from New Caledonia accompanied by Chief Fac-
tor Rodk. McKenzie from Isle a la Crosse, their presence being
required at York Factory on or about the 25th June.

15. Summer Arrangements —

Athabasca Fort Chippewyan 4 men

Great Slave Lake 3 men

Dunvegan 3 men

Vermilion 3 men

16. That Colin Campbell, Chief Trader, James Heron and
Paul Fraser, Clerks, remain inland and be appointed as C. F.
Charles may consider expedient.

17 Winter Arrangements —

McKeuzies River Fort Simpson E. Smith C.F.

J. McLeod Clk.

Riv. aux Liards, M. McPherson Clk.
Fort Norman C. Brisbois Clk.

Fort Good Hope John Bell Clk.
Fort Halkett J. Hutchison Clk.

18. That about 250 ps. of Goods forwarded in 4 Boats
from Norway House for Portage la Loche constitute the Cur-
rent Outfit for McKenzies River.
19'. Summer Arrangements —

McKenziee River Fort Simpson A Clerk & 2 men

Rivre aux Liard do " 3 do

Fort Halkett do "3 do

Fort Norman do "2 do

Fort Good Hope do "3 do

20. That it be discretionary with Chief Factor Smith to
regulate the appointments and to make such alterations in the
Summer Arrangements of the District as he may consider ex-
pedient.

21. That 4 Boats and a Canoe or 5 Boats be employed
to bring out the Returns Summer 1831 to Portage la Loche.

22. That Chief Factor Christie be directed to forward
300 pieces Goods to Norway House for McKenzie River Out-
fit 1831, the same to be transported thence in 5 Boats to start
from Norway House on or before t»he 20th June, three of which

PIONEER LEGISLATION

to be manned by people to be engaged for the trip at Bed River
say eight men each and the other two by 18 Servants exclusive
of the Guide, 13 of whom to be under engagements of not less
than 3 years, 3 of these men to be added to the late complement
of the^ District and the others to be exchanged if necessary
for retiring Servants.

23. Winter Arrangements-
English River Isle a la Crosse Rodk McKenzie, C. F.

Deers Lake Geo. Deschambeault Clk.

24. That 100 pieces Goods in 2 Boat& manned by 12 men
constitute the Current Outfit for that District.

The Post at Lake la Ronge having been for a great length
of time . . . whereby the surrounding country has been much
impoverished, and it being considered expedient to nurse the
Country it is Resolved

25. That t|he said Post of Lake la Ronge be abandoned and
that a post in lieu thereof be established at Deers Lake.

26. Summer Arrangements —

English River Isle a la Crosse Three men

Deers Lake A Clerk & three men

27. That a quantity of dried provisions equal to 80
Pemican be provided and forthcoming for the use of the Out-
ward and inward bound Northern Craft Spring and Summer
1831.

28. Winter Arrangements —

Cumberland Cumberland Willm McKintosh 0,F.
Moose Lake Dond McKenzie Clk.

29. That about 120 pieces Goods constitute the Current
Outfit for Cumberland District, part of which to be taken in
by a Boat and 6 men belonging to the District and tih'e re-
mainder on freight by the Saskatchewan Brigade.

30. Summer Arrangements —

Cumberland Cumberland House Dond McKenzie Clk.

31. Winter Arrangements —

Saskatchewan Edmonton John Rowand C.F.

Carlton J. P. Pruden O.F.

Fort Pitt Patk Small Clerk

Fort Assineboine Ricd Grant do
Rocky MYn. Ho. Henry Fisher Junr Clk.
Jasper's House Michel Klyne P.M.
Lesser Slave Lake Geo. Linton Clk.

646 CANADIAN ARCHIVES

32. That 360 ps. Goods in 9 Boats manned by 37 men
constitute the Current Outfit,

33. Summer Arrangements —
Saskatchewan Edmonton A Clerk & 12 men

Carlton J. P. Pruden C. T. & 8 men
Fort Assineboine 2 "

Jasper's House A Postmaster and 1 man

34. That J. P. Pruden, Chief Trader, Patrick Small and
Henry Fisher, Clerks, be directed to remain Inland and be
appointed as the Chief Factor superintending the District may
consider expedient.

35. That the requisite number of Horses be provided at
Edmonton for the transport of the Columbia property to Fort
Assineboine, the charge for transport to be 5/ for each piece
of 90, Ib. Wt and that Craft be always in readiness at Fort
Assineboine and the Rocky Mountains for the conveyance of
people and property belonging to the Columbia department.

36. Winter Arrangements —

Swan River Fort Pelly Colin Robertson C.F.

Thomas Isbister^ P. M.
Beaver Hills An Interpreter
Fort Dauphine do

Shoal River do

31 That 250 ps. Goods in 5 Boats with 21 Servants and
10 Freemen hired for the trip constitute the Current Outfit of
Swan River.

38. That Chief Factor Robertson be authorized to contract
with a Freeman for the delivery of 200 to 300 Bushels Salt
annually at 5/ p. bushel.

39. Summer Arrangements —

Swan River Fort Pelly An Interpreter & 4 men
Fort Dauphine An Interpreter
Shoal River do

40. Winter Arrangements —

Upper Red River Brandon House Wm. Todd Clerk

George Setter P.M.

41. That an Outfit of about 100 ps. Goods for the use of
Brandon House be forwarded to Red River on Freight and
that a complement of Servants be provided at the Settlement

PIONEER LEGISLATION

either for a term of Years at the ordinary wages of the
District, or for the Winter only as may be considered expedient.
42. Summer Arrangements —

Upper Eed Eiver Brandon House George Setter P. M. &

5 men

43. That the returns of Post be conveyed to York on Freight
next 'season accompanied by William Todd, Clk.

44. Summer & Winter Arrangement—

Lower Ked Kiver Fort Garry Donald McKenzie C.F.

Duncan Finlayson C. T.
John Ballenden Clk.
Warden of the Plains Cuthbert Grant.

45. That C. F. McKenzie's Eequisition for the use of the
Colony Shop and Indian Trade amounting to about TOO ps. be
complied with.

46. That Chief Factor McKenzie be directed to charge to
private account any Commission he may execute in Eed Eiver
Oolony at the request of Individuals unless specially authorized
by an order or minute of Council.

47. That Chief Factor McKenzie be directed to purchase
from the Colony the following Supplies made up in sound and
transportable packages at not exceeding the prices thereto an-
nexed Viz.

300 Bushels Barley @ 2/ - p. Bushel.

500 Cwt. best flour @ 12/ - p. Cwt.

200 Bushels unhulled Indian Corn @ 4/1 p. Bushel

600 Liquor Kegs ( to be filled with flour).

Iron Hoops to be furnished from Y.F. (a) 5/ each.

48. That the Freight to be allowed to Carriers and Dis-
tricts during the Current Year for the trannport of Pieces be
as follows, Viz.

From York Factory to Eed Eiver 20/ p. piece
From York Factory to Norway House 157 "
From Norway House to Eed Eiver 5/
From Eed Eiver to Norway House I/
From Norway House to Oxford House 2/ "
From Oxford House to York Factory 3/ "
From Oxford House to Norway House 5/ "
From York Factory to Oxford House 10/ "

49. That Chief Factor McKenzie engage for the season of
open Water to be employed either on the Factory communica-

648 CANADIAN ARCHIVES

tion or in the McKenzies River transport business as may be

required.

4 Steersmen at Wages not exceeding £21 p. the season.

4 Bowsmen " " " £18 do

24 Middlemen " " £15 do

50. That Chief Factor Donald McKenzie engage for the
Fur trade 20 stout young men on 3 years' Contracts at £17
p. annum.

The establishment of Fort Garry being in a very dilapi-
dated istate, its- situation not (sufficiently central, much exposed
to the Spring floods and very inconvenient in regard to the
navigation of the River and in other points of view it is

51. That a new Establishment to bear the same name
be formed on a site to be selected near the lower end of
the Rapids for which purpose Tradesmen be employed or the
work done by contract as may be found most expedient, and as
stones and Lime are on the spot those materials to be used in-
stead of timber, being cheaper and more durable.

52. That Chief Factor Donald MeKenzie's Commission
and authority as Governor of the Colony be equally applicable
to servants of the Company under his direction' and that they
be required to yield due obedience to such authority in all
cases in which he may find necessary to exercise it.

53. That Chief Factor McMillan be directed to establish an
Experimental Farm at or near Red River for the purpose of
rearing sheep and the preparation of Tallow or Wool and of
Hemp and Flax for the English Market and that the neces-
sary means be afforded for that object.

54. Winter Arrangements —

Winipeg Fort Alexander John Stuart C.F.

Berens River An Interpreter

Netley Creek Nemesses P. M.

Dalles William Sinclair Clk.

5'5. That about 150 pieces Goods in 2 Boats manned by 12

>men constitute the Current Outfit for this District.

56. Summer Arrangements —

Winipeg Fort Alexander A Clerk & 2 men

Berens River An Interpreter.

57. Winter Arrangements —

Lac la Pluie Lac la Pluie J. D. Cameron, C.T.

C. W. Bone Clk.

Lac des Bois Blanc Thos. McMurray, C.T.
Whitefish Lake Wm. Clouston Clk.

PIONEER LEGISLATION 649

58.^ That C.F. J.D. Cameron be authorized to make such
alterationa in the above arrangements as he may consider
expedient.

59. That about 250 pieces Goods in 4 Boats navigated by
24 men constitute the Current Outfit for this District, and that
5 new Bark Canoes be built next Spring, 3 of which to be
brought out to and remain at Fort Alexander and the remain-
ing two, together with 50 Fathoms best bottom and side Bark
be brought out to Norway House.

60. Summer Arrangements —

Lac la Pluie Lac la Pluie Thos. McMurray C.T.

C. W. BoneClk&4men

61. Winter and Summer Arrangements —

Norway House Norway House Dond. Koss C.T.

62. That 3 men be provided for the Winter and Summer
and the requisite Outfit of 25 pieces for the Current year be
taken thither on freight.

63. Winter Arrangements —

Island Lake — Oxford House, J. Lee Lewes, C.F.

Windy Lake, Wm. McKay, P.M.

Merrys House, Patk. Cunningham, P.M.

Manitou Lake, A Labourer.

64. That about 120 ps. Goods in Craft navigated by 9 men
constitute the Current Outfit of this District.

Winter Road Arrangements —

It being very desirable to follow up the Winter road plan,
which in due time promises important advantages to the
Country at large, it is Resolved

65. That the work be continued under the direction of
Chief Factor' Lewes and that to carry it on, the services of the
men now employed in the transport of the McKenzies River
Outfit and Returns be at his disposal for that object from the
month of October until the month of April next; Likewise
that such facilities be afforded by the Establishments of York
Factory and Norway House towards the execution thereof as
may subject the business to no material inconvenience.

66. That 200 pieces of Goods to be forwarded from York
Factory in the course of the Summer and Autumn to Fort
Daer be transported to Norway House by this mode of con-
veyance.

650 CA^ADIAIST ARCHIVES

67. Summer Arrangements —
Island Lake — Oxford House, Two men

Manitoo Lake, An Intr. & 1 man.
Windy Lake, 1 man.
Merrys House, An Interpreter.

68. Winter Arrangements —

kelson River — Split Lake, Joseph McGillivray, C.T.

Andrew Wilson, P.M.

69. That 40 pieces Goods in one Boat manned by 3 men
with Indians constitute the Current Outfit of this District.

70. Summer Arrangements —

Nelson River — Split Lake, Andrew Wilson, P.M. & 1 man.

In reference to the appointment of Chief Trader Joseph
McGillivray

71. That it he discretionary with Governor Simpson to
appoint him to Winter at any Post or in District which he may
consider expedient or to allow him a passage to Montreal or
England.

Resolved 72. Winter Arrangements —
York — York Factory, Alexander Christie, C.F.
Robert Miles, C.T.
James Hargrave, Clerk.
Geo. Taylor, do.
Thomas Simpson do
Joseph Charles P.M.
Churchill, Robert Harding, Clk.

73. That 42 men including mechanics constitute the Win-
ter and Summer Establishment of York Factory and Churchill
and that the Outfit of Churchill be forwarded by such means
as Chief Factor Christie can provide in the course of the
season.

74. That measures be taken in course of the Summer and
Autumn to forward. 200 ps. of Goods in all to Fort Daer for
the purpose of being conveyed to ISTorway House by the Winter
Road and that every facility be afforded at the Depot for the
promotion of this important object.

75. Winter Arrangements —

Columbia — Fort Vancouver, J. McLoughlin, C.F.

J. E. Harriott, C.T.
Donald Manson, Clk.
James Douglas do

PIONEER LEGISLATION

James Birnie, Clk.
•John Kennedy Surgn.
Michel Laframboise, P.M.
Fort Colville, Francis Heron, C. T.
Flat Heads, William Kittson, Clk.
Coutainais, Payette, Intr.
Thompsons Eiver, Frs. Ermatinger, Clk.
Okanagan, A Labourer.
Fort Nez Percez, Samuel Black, C.T.
Fort Langley, A. McDonald, C.T.
J. M. Yale, Clerk.

Snake Expedition, P. S. Ogden, C.T.
Disposable, Simon McGillivray, C.T.
A. E. McLeod do
John Work, Clerk.
Thomas McKay do
Geo. Barnston do
F. !N". Annance do
Shipping, Captains Simpson, Eyan & Minors &

Mate.

Notwithstanding the above nominations of Commissioned
Officers and Clerks

76. That it be discretionary with Chief Factor McLough-
lin to make the appointments of those Gentlemen as he may
consider expedient.

77. That 40 men be provided for this District to accom-
pany the Saskatchewan Brigade under the charge of Chief
Factor Eowand until they reach Edmonton and from thence
proceed under the charge of Chief Trader Harriott to Fort
Vancouver or until he may receive instructions from Chief
Factor McLoughlin for his further guidance.

78. That 160 Guns (trading) and a few other supplies
as per Requisition be taken from York for the use of the
Columbia department and from Jaspers House all the Leather
which he may find there of the stock provided last year for
New Caledonia.

79. That Chief Factor McLoughlin take the necessary
steps to employ the Shipping in the Coasting and Timber
Trades, to build a Ship at Vancouver, to establish the post of
^ass and to carry into effect the other objects noticed in the
Governor & Committee's Dispatch of 28th Octr., 1829, con-
formably to their Honors' instructions.

652 CANADIAN AEOHIVES

80. Columbia continued.

New Caledonia — Stuarts Lake, Wm. Conolly, C.F.

J. McDonald, Clk.
Frazers Lake, P. W. Dease, C.F.

Thomas Dears, Clk.
McLeods Lake, John Tod do

Alexandria, A. Fisher, C.T.
Babines, P. C. Pambrun, Clk.

Conollys Lake, Charles Ross do
Fort George, Wm. McGillivray do

81. That it be discretionary with Chief Factor Conolly to
make the appointments of the above Gentlemen together with
the requisite Establishment of Servants as he may consider
expedient.

82. That Chief Factor Dease proceed to New Caledonia
via Athabasca and Peace River in a Canoe manned by 4 men
for the Columbia; in which Chief Factor Charles will take A
passage from Norway House to Fort Chippewyan preceding his
Brigade; from Fort Chippewyan Chief Trader McGillivray
to accompany Mr. Dease, or in the event of that Gentleman
not arriving there by the 20th September C. T. Campbell
accompany him and either of those Gentlemen say Mr. McGil-
livray or Mr. Campbell proceed from New Caledonia .to Kam-
loops and thence to Vancouver as early as possible with the
men intended for the Columbia Department.

83. That Chief Factor Conolly be authorized to
transfer the charge of the District of New Caledonia next
Spring to Chief Factor Dease, who will make the necessary
appointments of Officers and Servants for the Summer to the
different Posts and Stations as he may see fit and that Chief
Factor Conolly attend the sitting of Council next season taking
his passage out via Peace River in a Canoe manned not exceed-
ing 4 retiring Servants, the remainder of the crew to be pro-
vided by Chief Factor Charles at Fort Chippewyan and that
John McDonald, Clerk, late of New Caledonia District who is
to pass the ensuing Winter at Peace River come out from Fort
Chippewyan in charge of the Athabasca Brigade to Norway
House.

84. That 650 dressed Mooseskins, 100 Ib. Babiche Snares
and Beaver nets, 2000 Fathoms Pack Cords and a sufficient
quantity of Grease to make up 50 pieces in all be provided at
Dunvegan for the use of New Caledonia District, to be sent for

PIONEER LEGISLATION 653

in the autumn of every year by the Gentleman in charge of
that District.

85. That a complete Outfit for New Caledonia 1831 con-
formably to requisition be prepared at Fort Vancouver by next
Spring and that the requisite Horses and appointments, etc.,
to effect the transport thereof be provided and forwarded
thither from the Columbia and with reference to further ar-
rangements connected with the Columbia Department gener-
ally.

86. That the same be determined by Governor Simpson in
correspondence with Chief Factors McLoughlin and Conolly.

87. That Chief Factors and Chief Traders in
charge of Districts and Posts where regular tradesmen are
employed, be authorized to engage strong, healthy half-breed
lads not under 14 years of age as apprentices to be employed
with those tradesmen, for the purpose of acquiring their
business, on a term not less than seven years at the following
wages which are considered sufficient to provide them with
Clothes and other personal necessaies, viz. : The first 2 years
at £8 p. annum, the next 2 years at £10 p. annum, the follow-
ing 2 years at £12 p. annum and the last year at £15 p. annum,
making for the seven years apprenticeship an allowance of £75,
such lads not to be employed with their fathers nor in the Dis-
tricts where their fathers or family reside.

Great benefit having been derived from the benevolent and
indefatigable exertions of the Catholic Mission at Red River
in the welfare, moral & religious instruction of its numerous
followers, and it being observed with much satisfaction that the
influence of the Mission under the direction of the Right Revd.
The Bishop of Juliopolis has been uniformally to the best in-
terests of the Settlement and of the country at large, it is re-
solved

88. That in order to mark our approbation of such laudable
and disinterested conduct on the part of said Mission the sum
of £50 be given towards its support together with an allowance
of luxuries for its use.

89. That £100 be placed at the disposal of the Right Revd.
The Bishop of Juliopolis towards the repairs or rebuilding of
the Catholic Church at Red River and payable to his order on
demand in Canada, England or Red River.

90. That Richd. Juln. Hamlyn, Surgeon to the Red River
Settlement, be allowed the sum of £50 Sterling for medical

654 CANADIAN ARCHIVES

attendance and advice at the Company's Establishment and to
their retired servants at Red River Colony and neighboring
Districts for the following year.

91. That for the purpose of transmitting corrected accounts
from the Depot of the Summer transactions as well as of con-
veying information relative to the Districts in general, a Winter
express from the Depot and the Interior be appointed to meet
at Carl ton House, the one to proceed Northward Via Isle a la
Crosse and Athabasca, and the other Southward Via Cumber-
land and Norway House, and steps be always taken by means
of Indians or otherwise to forward from the Depot to Norway
House or Cumberland before the closing of the navigation any
private letters conveyed by Ship in order that the same may be
reach their respective destinations before the departure of the
Craft and returns in Spring. That all letters on public
business be in duplicate under Official signature and when in-
tended for general circulation be addressed to the Governor,
Chief Factors & Chief Traders.

92. That the different Districts in the Northern Depart-
ment be restricted to not exceeding the following number of
Beaver for the Current Outfit, founded on an average list of
Keturns for three years as expressed in number 131.

Minutes of Council 1826, viz. : —

Athabasca 5000 Winipeg 50

Saskatchewan 5500 Norway Ho 120

English River 650 Island Lake 100

Cumberland 150 Nelson River 400

Swan River.. 400 York & Churchill. . .. 300

93. That Gentlemen in charge of Districts & Posts be
directed to use their utmost endeavors to collect large quantities
of Leathers dressed, and Parchment, Buffalo Robes, Pack Cords,
Snow Shoe line, Sinews, tracking Shoes, Leather tents &c., &c.,
as these are articles absolutely necessary for the trade in many
parts of the Country and cannot be purchased in Europe or
Canada.

94. That the Gentlemen in charge of Districts be directed
to use every exertion to collect Bears' Grease as it is likely to
become a Valuable article of trade for which Credit will be
taken in Accounts @ 2/0 pr. Ib.

95. That Gentlemen in charge of Districts & Posts be
directed to bring to the Depot all the old spirit Kegs either
shaken and made up into parcels or filled with Grease, provi-

PIONEER LEGISLATION 655

sions, and other articles; as by proper care the same Kegs may
be made to last 2 years ; and for every keg so bought back if
the staves be sound, and in a fit state to be remanufactured,
five Shilling p. Keg will be credited to the Districts.

96. That Gentlemen in charge of Districts and Posts be
directed to furnish annually with the Inventories a list of the
articles in use at each Post distinguishing them according to
their condition, as good, half-worn, much worn, also a list of
Cattle or other Live Stock and the number of Acres in cultiva-
tion and quantity of seed sown for the next Crop and quantity
reaped the preceding Summer, the Cattle should be distinguish-
ed Bulls, Cows, of the several ages, Calves one year old, two
years old, three years old & upwards without any Valuation
affixed.

97. That Chief Factors, Chief Traders and Clerks
in charge of Districts and Posts give notice to the Servants
under their direction that the rate of interest allowed by Gov-
ernment on Exchequer Bills having been reduced to li p. diem
or about £2,5 p. Cent, The Honourable Company can only
allow that rate of Interest on Balances left in their hands.

A Letter dated Montreal 1st April 1830 from Mr. James
Hughes late a partner of the North West Company who stood
high in the estimation of his Colleagues for talent as an Indian
trader and in that of his friends and acquaintances for his cor-
rect and honorable conduct, stating his present indigent cir-
custiinces and destitute situation, having been favorably con-
sidered, it is Resolved

98. That the Governor and Committee be requested to admit
him into the Service of the Fur Trade in the capacity of Clerk,
on a salary of £100 p. annum but without claims to, or hopes
of, promotion on account of his advanced time of Life, and to
afford him a passage to the Northern Department next season
in order to be appointed to the charge of a Trading Post.

99. That the annexed standing Rules and Regulations be
considered in force and be acted upon accordingly until re-
scinded.

100. That this Council do now adjourn.

Signed GEORGE SIMPSON, Governor.

Colin Robertson Chief Factor.

Alexander Stewart do

John Clarke do

John Charles do

John Stuart do

656 CANADIAN ARCHIVES

J. D. Cameron Chief Factor.

Alexander Christie do

William Mclntosh do

John Rowand do

Peter W. Dease do

John Lee Lewes do

Rodk. McKenzie do

York Factory, 7th July 1830.

Minutes of Council, 1831.

Minutes of a Council held at York Factory, Northern De-
partment of Ruperts Land which commenced on the Twenty-
ninth day of June, 1831, for the purpose of establishing such
Rules and Regulations as may be considered expedient for con-
ducting the business of said Department, and in order to inves-
tigate the result of the Trade of last year, and determine the
Outfits and general arrangements for the trade of the Current
year conformably to the provisions of a Deed Poll under the
seal of the Governor and Company of Adventurers of England
trading into Hudsons Bay bearing date the twenty-sixth of
March 1821, at which were present the- following Members
Viz—

George Simpson, Governor in Chief.

Colin Robertson, Chief Factor.

Alexr. Stewart do

John D. Cameron do

John Charles do

John Stuart do

Alexander Christie do

William Mclntosh do

William Conolly do

John Rowand do

Rodk. McKenzie do

Duncan Finlayson do

John Lee Lewes do

1. That Chief Traders be invited to attend and in conse-
quence the following were present, viz. :

John McLeod.
A. R. McLeod.
Robert Miles.

2. That the rotations of furlough for the Current year
1831 be in favor of Chief Factors Alexander Stewart, John
George McTavish and John Clark.

PIONEER LEGISLATION

3. That those of Chief Factors John Clark & Alexander
Stewart be considered null & void as they do not avail them-
selves thereof and that that of Chief Factor John G. McTavish
be transferred to C. F. William Conolly.

4. That the rotations of Furlough for the Current year
1831 be in favor of Chief Traders Samuel Black and Peter
S. Ogden and that they be considered null and void as they
do not avail themselves thereof.

In order to guard against any misapprehension in respect
to the rotations of Furlough for the two ensuing years

5. That they be considered as in favor of Chief Factors
George Keith, John D. Cameron and John Charles and Chief
Traders Cuthbert Cummings and Francis Heron for Outfit
1832/33 arid in favor of Chief Factors John Stuart, Edward
Smith and John McLoughlin and Chief Traders John Sive-
right and Kobert Miles for Outfit 1833/34.

The request of Chief Trader Simon McGillivray contained
in a letter under date 13th March 1831 to be allowed a Fur-
lough or leave of absence for the year of Outfit 1832 having
been fully considered it is apprehended that if this indulgence
were granted it might be drawn into a precedent which might
be injurious or inconvenient to the Interests of the Service it
is therefore resolved

6. That Chief Trader Simon McGillivray's request be not
complied with.

And with reference to the foregoing Resolutions frequent
changes of Commissioned Gentlemen on the West side of the
mountains being found exceedingly inconvenient, it is resolved

7. That no exchanges of Rotation of Furlough
between Chief Factors or between Chief Traders be permitted
nor leave of absence granted to Chief Factors or Chief Traders
while under appointments on the west side the moun-
tains until after they have passed Five Winters there except
in cases where ill-health may render it necessary for them to
visit England or Canada for the benefit of Medical advice.

S. That the following appointments take place.

Districts. Chief Factors. Chief Traders.

Athabasca. John Charles. Colin Campbell.

McKenzie River. Edward Smith. A. R. McLeod.

Ensrlish River. Rodk. McKenzie.

Cumberland. William Mclntosli.

Saskatchewan. John Rowand. J. P. Pruden.

28159—42

658

CANADIAN AECHIVES

Swan River.
Eed River Settlemt.
Upper Red River.
Experimental Farm.
Winipeg.
Lac la Pluie.
Norway House.
Island Lake.
York Factory.
Columbia.

Colin Robertson.
Donald McKenzie.

Jas. McMillan.
John Stuart.
John D. Cameron.

John Lee Lewes.
Alexr. Christie.
John McLoughlin.

Duncan Finlayson.

New Caledonia. Peter W. Dease.

Southern Department

Albany. Alexr. Stewart.

Montreal'Departraent,

Kings Posts. For Outfit

Do. 1832/33.

Wm. Todd.

Doncl. Ross.

Robt. Miles.
S. McGillivray.
Samuel Black.
P. S. Ogden.
Francis Heron.
Archd. McDonald.
'J. E. Harriott.
Emilius Simpson.
John Work.
Alexander Fisher.

John McLeod.
Wm. Conolly.

9. Winter Arrangements —

Athabasca — Fort Chippewyan, John Charles, C.F.

James Heron, Clk.

Dunvegan, Colin Campbell, C.T.

Vermilion, Paul Fraser, Clk.

Great Slave Lake, John McDonell, Clk.

10. That 4 Boats, 29 men and about 200 pieces Goods
constitute the Current Outfit for Athabasca District.

11. That the quantities of Leather, parchment, pack Cords
and Babiche stated in 82nd Resolve as being required for New
Caledonia which have usually been furnished by the Saskatche-
wan District be from henceforward provided at Dunvegan
together with sufficient quantity of Grease to make up the
Lading of two Canoes to 50 pieces in all deliverable when called
for after the month of August in every year.

12. That Chief Factor Charles 'be directed to pre-
cede his Brigade in a canoe to be manned by 4 of the New
Caledonia retiring Servants and 4 of the people belonging to

PIONEER LEGISLATION 659

Athabasca District, his presence being required at York Fac-
tory on or about the 25th June.

13. Summer Arrangements —
Athabasca — Fort Chippewyan, Four men.

Great Slave Lake, 3 do.

Vermilion, 3 do.

Dunvegan, 3 do.

M. That Paul Fraser, Clerk, be transferred to New Cale-
donia Department and be replaced either by John Tod or
Charles Ross, Clerks.

15. That James Heron, Clerk, accompany the Boats to
Norway House next season and from thence proceed to York
Factory.

16.' That Colin Campbell, Chief Trader, and John Mc-
Donell and either John Todd or Charles Ross, Clerks, remain
inland and be appointed as Chief Factor Charles may consider
expedient.

17. That Chief Factor Christie be directed to forward 100
pieces Goods to Norway House for Athabasca, Outfit 1832, by
Indians or Red River Carriers.

18. Winter Arrangements —

McKenzies River — Fort Simpson, Edward Smith, C.F.

A. R. McLeod, C.T.

John McLeod, Clk.

Rivre an Liard, Murdoch McPherson, Clk.
Fort Simpson, Charles Brisbois, Clk.
Fort Good Hope, John Bell, Clk.
Fort Halkett, John Hutehison, Clk.

19. That about 280 pieces Goods forwarded in 5 Boats
from Norway House for Portage la Loche constitute the cur-
rent Outfit for McKenzies River.

20. Summer Arrangements —

McKenzies River — Fort Simpson, Two men.

Rivre au Liard, Three men.
Fort Norman, Two men.
Fort Good Hope, Three men.
Fort Halkett, Three men.

21. That it be discretionary with Chief Factor Smith to
regulate the appointments and to make such alterations in the

28159— 42£

660 CANADIAN ARCHIVES

Summer arrangements of the District as he may consider ex-
pedient.

22. That 4 Boats and a Canoe or 5 Boats be employed to
bring out the Returns, Summer 1832. to Portage la Loche.

23. That Chief Factor Christie be directed to forward 250
pieces Goods to Norway House for McKenzie River Outfit
1832, the same to be transported thence in 4 Boats to start from
Norway House on or before the 15th of June, three of which
to be manned by people to be engaged for the trip at Red River
say 7 men each and the 4th by 7 Servants, exclusive of the
Guide.

24. That Chief Factor Smith be at liberty to visit York
Factory next Summer if so disposed in which case it will be
necessary for him to be at Fort Chippewyan in sufficient time
to accompany Chief Factor Charles and that Chief Factor
Smith be directed to send John McLeod Clerk to Fort Chippe-
wyan sufficiently early to take a passage to Norway House or
York in the Athabasca Boats or Canoe, it being intended to
transfer his services to the Montreal Department.

• 25. Winter Arrangements — •

English River — Isle a la Crosse, Rodk. McKenzie, C.F.
Rapid River, Geo. Deschambault, Clk.
Green Lake, An Interpreter.

26. That 100 pieces Goods in 2 Boats manned by 12 men
constitute the Current Outfit for that District.

The Post at Deers Lake being found exceedingly inconven-
ient for the Crees at Lac la Ronge, it is Resolved

27.* That it be abandoned and that a post be estab-
lished in its stead at the mouth of Rapid River which will ac-
commodate the Crees of Lac la Ronge as also the Chippewyans
of Deers Lake.

28. Summer Arrangements —

English River — Isle a la Crosse, Three men.

Rapid River, 1 Clerk & 1 man.

29. That a quantity of dried Provisions equal to 80 Bags
Pemican be provided and forthcoming for the use of Outward
and inward bound Northern Craft, Spring & Summer 1832.

30. Winter Arrangements —

Cumberland — Cumberland Ho., Wm. McKintosh, C.F.

31. That 50 pieces Goods constitute the Current Outfit for
Cumberland District to be taken in by the Saskatchewan Bri-

PIONEER LEGISLATION 661

gade into which the 3 voyaging Servants belonging to the Dis-
trict will be drafted.

32. Summer Arrangements —
Cumberland — Cumberland Ho., Two men.

33. Winter Arrangements —

Saskatchewan — Edmonton, John Rowand, C.F.
Carlton, J. P. Pruden, C.T;

Fort Pitt, Tatrick Small, Clk.

Fort Assineboine, Riehd. Grant, Clk.
Rocky Mountain Ho., Henry Fisher, Clk,

Jaspers House, Michel Klyne, P.M

Lesser Slave Lake, Geo. McDougall, Clk.

34. That 250 pieces Goods in 8 Boats manned by 40 men
constitute the Current Outfit.

35. Summer Arrangements.

Saskatchewan — Edmonton, A Clerk & 12 men.

Carlton, J. P. Pruden C.T. --& 8 men.

Ft. Assineboine, 1 man.

Jaspers House, A Postmaster & 1 man.

36. That J. P. Pruden, C.T., Patrick Small, Henry Fisher
and George McDougall, Clerks, remain inland and be appointed
as the Chief Factor superintending the District may consider
expedient.

37. That the requisite number of Horses be provided at
Edmonton for the transport of the Columbia Property to Fort
Assineboine, the charges for transport to be 5/- for each piece
of 90 Ibs. Weight and that Craft be always in readiness at Fort
Assineboine and the Rocky Mountain House for the conveyance
of people and property belonging to the Columbia Department.

38. Winter Arrangements-
Swan River— Fort Pelly, Colin Robertson, C.T.

Thomas Isbister, P.M.
Shoal River, Goulet, Interpreter.
Manitoba, Francis Dease, P.M.

39. That 100 pieces Goods, 2 Boats and 11 Servants and
3 freemen hired for the trip constitute the current Equipment
of Swan River.

40. That Chief Factor Robertson be authorized to contract
with-a freeman for. the delivery of 200 to 300 bushels salt an-
nually at 5/ per Bushel.

662 CANADIAN" ARCHIVES

41. Summer Arrangements —

Swan River — Fort Pelly, An Interpreter & 4 men.
Manitobah, do do

Shoal River, Francis Dease & 1 man.

Chief Factor J. D. Cameron having expressed a desire of
transferring his rotation of Furlough for the year of Outfit
1832/33 to Chief Factor Robertson the latter Gentleman having
intimated his intention of availing himself thereof and express-
ed a wish to leave his District with that view before the opening
of the navigation and to be exempted from attendance at Coun-
cil, it is Resolved

42. That Chief Factor Robertson be permitted to
avail himself of Chief Factor Cameron's rotation of Furlough
for next year and to leave his District before the opening of the
navigation & that he be exempted from attendance at Council
accordingly.

In order to protect the trade of the Assineboines and Crees
of Upper Red River from American opposition on the Missouri
it is Resolved.

43. That a new Post be established at or in the
neighborhood of Beaver Creek to be called Fort Ellice.

44. Winter Arrangements —

Upper Red River— Fort Ellice, William Todd, C.T.

George Setter, P.M.
Brandon House, James Hughes, Clk.

45. That an Outfit of 50 pieces Goods for the use of this
District be forwarded to Red River on freight and that a com-
plement of 16 men be provided at the settlement either for a
term of years at the ordinary wages of the District or for the
Winter only as may be considered expedient ; and that the Posts
be abandoned during the Summer.

46. Winter & Summer Arrangements —

Lower Red River — Fort Garry, Donald McKenzie, C.F.

Thomas Simpson, Clk.
John Ballenden, Clk.
Warden of the Plains, Cuthbert Grant.

47. That Chief Factor McKenzie's requisition for the use
of the Colony Shop and Indian trade amounting to about 400
pieces Goods be complied with.

48. That Chief Factor McKenzie be directed to charge to
private account any commission he may execute in Red

PIONEEK LEGISLATION (563

Colony at the request of individuals unless specially authorized
by an order or Minute of Council.

49. That Chief Factor McKenzie be directed to purchase
at the Colony the following supplies made up in sound and
transportable packages at not exceeding the prices thereto
annexed, viz. :

500 Cwt. Flour, 10/ .^er Cwt.

200 Bushels rough Barley, 2/ " Bushel

40 " hulled Indian Corn, 4/ " "

30 " Pease, 3/ " "

7 Cwt. prime Beef, 3d. " Ib.

50 " Pork, 2d. " "

600 Lbs. Ham, 4d. " "

30 Firkins Butter, 7d. " "

400 Portage slings, 2/ 8 ea.

50 Pairs Cassette Straps, 4/ per Pair

50. That the freight to be allowed Carriers and Districts
during the Current year for the transport of pieces be as
follows viz. :

From York Factory to Eed Eiver 18/ per piece.

York Factory to Norway House 14/ "

Oxford House to Norway House 4/

Norway House to Red Rivef 4/

Norway House to Oxford House 2/ "

Red River to Norway House I/ "

Oxford House to York Factory 3/ "

York Factory to Oxford House 10/ "

51. That Chief Factor McKenzie engage for the season
of open water to be employed either on the Factory commu-
nication or in the McKenzies River transport business as may
be required.

3 Steersman at £18 ea. for the season.
3 Bowsmen at £16 ea. for the season.
15 Middlemen at £14 ea. for the season.

52. Winter Arrangements —

Experimental Farm — James McMillan, C.F., & 4 men.

53. That Chief Factor McMillan be directed to prosecute
the object for which the Experimental Farm was established
last season and that the necessary means be afforded for the
purpose.

664 CANADIAN ARCHIVES

54. Winter Arrangements —

Winipeg — Fort Alexander, John Stuart, C.F.

Berens River, An Interpreter.

Dalles, Wan.' Sinclair, Clk.

Shoal Lake, Thos. Taylor, P.M.

55. That about 50 pieces Goods in 2 Boats manned by 10
men assisted by two of Lac la Pluie servants constitute the
Current Outfit for this District.

56. Summer Arrangements — •
Winipeg — Fort Alexander, A Clerk & 2 men.

Berens River, An Interpreter.

57. Winter Arrangements —

Lac la Pluie — Lac la Pluie, J. D. Cameron, C.F.

C. W, Bone, Clk

Lac du Bois Blanc, An Interpreter.
White Fish Lake, Wm. Clouston, P.M.

58. That Chief Factor Cameron be authorized to make
such alterations in the above mentioned arrangements as he
may consider expedient.

59. That about 180 pieces Goods in 3 Boats manned by
24 men constitute the Current Outfit for this District, two
of those men to be transferred to the Winipeg District for
the ingoing passage & that 5 Bark Canoes be built next Spring,
3 of which to be brought out and to remain at Fort Alexander,
and the remaining two together with 50 Fathoms best bottom
& side bark be brought out to Norway House.

60. Summer Arrangements-
Las la Pluie— Lac la Pluie, Chas. W. Bone, Clk.

Wm. Clouston P.M. & 4 men
Lac du Bois Blanc, An Intr. & 1 man.

61. Winter Arrangements — -

Norway House — Norway House, Dond Ross C.T.

62. That 5 men be provided for the Winter and Summer
business of this Post and the requisite Outfit of 25 pieces
Goods for the current year be taken thither on freight. ,

63. That Chief Trader Ross be directed to get timber pre-
pared for building 6 inland Boats of the usual dimensions &
2 large decked boats of about 12 Tons burden of small draft
of water for the transport of supplies between Norway House

PIONEER LEGISLATION 665

& Bed Kiver Settlement, to be built by carpenters to be sent
this ensuing Autumn from York and Swan River Districts.

64. Winter Arrangements —

Island Lake — Oxford House, John Lee Lewes, C.F.
Winipeg Lake, Wm. McKay, P.M.
Merrys House, An Interpreter
Manitoo Lake^ do

65. That about 80 pieces Goods in Craft navi-
gated by 9 men constitute the current Outfit of this District.

66. That Chief Factor Lewes be directed to employ 32
Indians belonging to Island Lake District next season in the
transport .of 640 pieces Goods from York Factory to Norway
House and in the transport of 400 pieces provisions, Leather,
Furs &c. from Norway House to York Factory by 80 piece
Boats in two trips and that the said Indians be paid after the
rate of 60 Made Beaver for Middlemen 65 Made Beaver for
Bowsmen and 70 Made Beaver for Steersmen for their service
during the season.

Winter Arrangements —

It being very desirable to follow up the Winter Road plan
which in time promises important advantages to the country
at large, it is Resolved

67. That the work be continued under the direc-
tion .of Chief Factor Lewes and that to carry it on, the services
of 10 supernumeraries be at his disposal for that object for
the month of October until the month- of April next likewise
that such facilities be afforded by the establishments of York
Factory and Norway House towards the execution thereof as
may not subject the business to material inconvenience.

68. Summer Arrangements —

Island Lake — Oxford House, An Interpreter & 1 man.
Windy Lake, 1 man.
Merrys House, An Interpreter.
Manitoo Lake, do do & 1 man.

69. Winter Arrangements —

Nelson River^Split Lake, Andrew Wilson, P.M.

70. That 40 pieces Goods in 1 Boat manned by 3 servants
with Indians constitute the current Outfit of the District.

71. Summer Arrangements —

Nelson River— Split Lake, Andrew Wilson, P.M., & 1 man.

666 CANADIAN AECHIVES

72. Winter Arrangements —

York — York Factory, Alexander Christie, C.F.
Eobert Miles, C.F.
James Hargrave, Clk.
George Taylor, do.
Joseph Charles, P.M.
Churchill, Eobert Harding, Clk.

It being ascertained that many of the late Home Guard
Severn Indians experience much inconvenience from the want
of a Post on their own lands, it is Resolved

73. That a small post be established there this
season under the charge of Patrick Cunningham, Postmaster,
attached to York Factory and that it be supplied with 20 pieces
Goods, besides provisions, to be transported thither in a Boat
navigated by 3 Servants & Indians.

74. That 40 men including Mechanics constitute the Win-
ter & Summer Establishment of York Factory, Severn &
Churchill, and that the Outfit of Churchill be forwarded by
such means as Chief Factor Christie can provide in course of
the season.

75. Columbia Winter Arrangements —
Fort Vancouver, Fort Colville, Flat Heads.
Coutanais Thompsons River, Okanagan.
Fort nez Percez Fort Langley, Nass.
Snake Expedition, Shipping, &c., &c.

John McLoughlin & Duncan Finlayson, Chief Factor;
Simon McGillivray, Samuel Black, P. S. Ogden, Francis
Heron, Archd. McDonald, J. E. Harriott, Emilius Simpson &
John Work, Chief Traders; James Douglas, James Burnie,
William Kitson, Francis Ermatinger, Donald Manson, F. N.
Annance, Thomas McKay, P. C. Pambrun, & George Allan,
Clerks; (Captain) Ryan & mates.

76. That it be discretionary with Chief Factor McLoughlin
to make the appointments of those gentlemen as he may con-
sider expedient.

77. That 24 men be provided for this District to accompany
the Saskatchewan Brigade under the charge of Chief Factor
Rowand until they reach Edmonton and from thence proceed
under the charge of Chief Factor Finlayson to Vancouver or
until he may receive instructions from Chief Factor McLough-
lin for his further guidance.

78. That Chief Factor McLoughlin take the necessary steps
to employ the shipping in the coasting & Timber Trades and

PIONEER LEGISLATION 667

to carry into effect the other objects noticed in the Governor
and Committee's Dispatch of 28th October 1829 and Governor
Simpson's letter of the 2nd July.
79. Columbia continued —

New Caledonia.

Stuarts Lake, Erasers Lake, McLeods Lake, Alexandria,
Babines, Conolly's Lake, Fort George & Chilcotins.

Peter Warren Dease, Chief Factor, Alexander Fisher,
Chief Trader, John Tod, Charles Ross, Thomas Dears, Wm.
McGillivray, George Linton, & Dond. McKenzie, Clerks;
Charles Eoussin and Benjamin McKenzie, Postmasters.

•80. That a Canoe with 8 men and George Linton and
Donald McKenzie, Clerks, and Benjamin McKenzie, Post-
master, be forwarded via Athabasca for the service of New
Caledonia Department.

81. That it be discretionary with Chief Factor Dease to
make the appointments of the above mentioned Gentlemen
together with the requisite Establishment of servants as he
may consider expedient.

82. That 530 dressed Mooseskins 18 Parchment skins, 100
Ibs. Babiche snares, and Beaver nets, 200 Fathoms Pack
Cords, 30 Ibs. of sinews, and a sufficient quantity of Grease to
make up 50 pieces in all be provided at Dunvegan for the use
of New Caledonia District to be sent for in the Autumn of
every year by the Gentleman in charge of that District.

83. That a complete Outfit for New Caledonia 1832 con-
formably to requisition be prepared at Fort Vancouver by
next Spring, and that the requisite Horses and appointments
etc. to effect the transport thereof be provided and forwarded
thither from the Columbia and with reference to further
arrangements connected with the Columbia Department
generally.

84. That the same be determined by Governor Simpson in
correspondence with Chief Factors McLoughlin & Dease.

85. That the new settlement of Ungava to be named Fort
Chimo be attached to the Northern Department.

86. Winter & Summer Arrangements —

TJngava — Fort Chimo, Nicol Finlayson, Clk.
Erland Erlundson, do.
Wm. Taylor, P.M.

87. That the Beaver Sloop under the command of Thomas
Duncan, Sloopmaster, with a crew of 5 men taking Mr. Er-

668 CANADIAN ARCHIVES

landson as passenger be transferred to the Settlement of Un-
gava for the purpose of being at the disposal of Mr. Mcol
Finlayson and be dispatched thither as early this season as
the navigation admits and that such supplies in Trading
Goods, provisions, stores, &c., &c., be shipped on board of her
for the use of the settlement as are likely to be required until
the Autumn of 1833 it being intended that she be employed
on the coast in trade with the Esquimaux the whole of the
next season of open water and that she be sent with such
returns as may be collected and for such turther supplies as
may be required to York Factory in the Summer of 1833.

88. That the 9 men now at Ungava be retained there and
employed as Mr. Nicol Finlayson may consider expedient, and
that the servants whose Contracts expire in 1833 be brought
to York then and replaced by others if they be unwilling to
renew their Engagements and for further instructions that
Mr. Finlayson be referred to Governor Simpson's letter of
this date.

89. Montreal Department.

That Chief Factor Conolly proceed thither for the pur-
pose of being placed in charge of the Kings Posts Outfit 1832
accompanied by Chief Trader John McLeod for the purpose
of being appointed to that Department for the current Out-
fit; likewise by Richard Rae and either Win. Nouse or Alexr.
McKay, Clerks, & Simon Ross, Postmaster, to be placed as
may be found necessary.

90. That Chief Factors & Chief Traders in charge of
Districts and Posts where regular Tradesmen are employed
be authorized to engage strong healthy half breed lads not
under 14 years of age as apprentices to be employed with
those tradesmen for the purpose of acquiring a knowledge of
the business on a term of not less than seven years at the fol-
lowing wages which are considered sufficient to provide them
with Clothes and other personal necessaries, viz. the first 2
years at £8 per annum, the next 2 years at £10 per annum,
the following 2 years at £12 p. annum, and the last year at
£15 p. annum, making for the 7 years apprenticeship an
allowance of £75, such lads not to be employed with their
Fathers nor in the Districts where their Fathers and families
reside.

PIONEER LEGISLATION

faction that the influence of the Mission under the direction
of the Eight Eevd. the Bishop of Juliopolis has been uni-
formly directed to the best interests of the settlement and of
the country at large, it is Eesolved

91. That in order to mark our approbation of such
laudable and disinterested conduct on the part of said
Mission, the sum of £50 be given towards its support, together
with an allowance of luxuries for its use.

92. That for the purpose of transmitting corrected Ac-
counts from the Depot, of the Summer transactions as well
as of conveying information relative to the Districts in gen-
eral, a Winter express from the Depot and the Interior be
appointed to meet at Carlton House and one to proceed north-
ward via Isle a la Crosse and Athabasca and the other south-
ward via Cumberland & Norway House and that steps be
also taken by means of Indians or otherwise to forward
from the Depot to Norway House or Cumberland before the
closing of the navigation any private Letters conveyed by the
Ship in order that the same may reach their respective des-
tinations before the departure of the Craft and Returns in
Spring; that all letters on public business be in triplicate
under official signature & when intended for general circula-
tion be addressed to the Governor, Chief Factors & Chief
Traders.

93. That the different Districts in the Northern Depart-
ment be restricted to not exceeding the following number of
Beaver for the current Outfit founded on an average List of
Eeturns for three years as expressed in number 131 Minutes
of Council 1S<26, Viz.

Athabasca 5000 Winipeg 50

Saskatchewan 5500 Norway House 20

English River 650 Island Lake 100

Cumberland 150 Nelson River 400

Swan River 400 . York and Churchill 300.

.94. That Gentlemen in charge of Districts and Posts be
directed to use their utmost endeavors to collect large quan-
tities of LeaJther dressed and Parchment, Buffalo Robes,
Pack Cords, Snow shoe line, Sinews, tracking Shoes, Leather
tents &c. &c., as they are articles absolutely necessary for
trade in many parts of the Country & cannot be purchased in
Europe or Canada.

95. That Gentlemen in charge of Districts or Posts be
directed to bring to the Depot all the old spirit Kegs either

670 CANADIAN ARCHIVES

shaken & made up into parcels or filled with grease, Pro-
visions and other articles as by proper care, the same Kegs
may be made to last two years and for every Keg so brought
back, if the staves be sound and in a fit state to be remanu-
factured 5/ per keg will be credited to the District.

96. That Gentlemen in charge of Districts and Posts be
directed to furnish annually with the Inventory, a list of the
articles in use at each Post distinguishing them according to
the condition as good, half worn, much worn; also a list of
Cattle or other live stock and the number of acres in cultiva-
tion, and quantity of seed sown for the next crop with the
quantity reaped the preceding Summer.

The cattle should be distinguished; Bulls, Cows; of the
several ages; one year old, two years old and 3 years old &
upward without any valuation affixed.

97. Several complicated transactions having recently ap-
peared in the books of Swan River District in reference to
the purchase and sale of Cattle on the private account of
Chief Factor Clarke by which it appears that he derived a
profit from sales of Cattle reared at Fort Pelly at the expense
of the Fur Trade; and to prevent a recurrence of such deal-
ings, it is Resolved

97. That a statement be required of Chief Fac-
tor Clarke of the cost and expenses incurred by him individu-
ally in the purchase and of the money he has received by the
sales of those Cattle made up with Interest to the 1st June
next; That the stock left at Fort Pelly on the 1st June 1830
be assumed by and be considered as belonging to the Fur
Trade and that in the event of the original cost expenses and
Interest amounting to more than the sum received by Chief
Factor Clarke for sales, such difference be paid him by the
Fur Trade; but that the transactions entered into by
Chief Factors Robertson & Clarke last year in reference to
those Cattle be annulled.

98. That the undermentioned Clerks & Postmasters whose
contracts have expired be re-engaged for the term of 3 years
at the salaries affixed to their names, viz:

John Bell, Clerk £100

George Deschambault, 75

Erland Erlandson 75

Francis Ermatinger 100

Paul Fraser w 100

James Hargrave '" 100

John Hutchison " 100

PIONEER LEGISLATION

Win. McGillivray Clerk £100

Thomas McKay " IQQ

John McLeod " 100

Murdoch McPherson " 100

Donald Manson " 100

P. C. Pambrun « IQO

Charles Koss " 100

Thomas Simpson " 75

Wm. Sinclair Jr. " 75

Patrick Small " 100

John Tod « 100

Wm. Clouston, Postmaster 50

Patrick Cunningham " 50

Thomas Isbister " 50

Pierre LeBlanc " 75

William McKay " 50

Benjamin McKenzie " 50

Charles Roussin " 50

Andrew Wilson " 40

99. That James McDougall & George Baraston, Clerks,
be permitted to retire from the Service & be provided
with passages, the former to Canada or Red River Settmt. and
the latter to Canada or England as he may desire.

100. That in accordance with the 13th Article of the Govr.
& Committee's Dispatch of 23rd Feb. 1831, a donation of Five
Hundred Pounds Sterling be made to James McDougall and
that he be at liberty to draw for the same as he may consider
expedient.

Serious inconvenience to the service having in many
instances arisen of late from the circumstance of Clerks in
distant parts of the country applying to the Governor &
Council for permission to visit the Depot or withdraw from
the District without having previously consulted the Com-
missioned Gentlemen superintending the District, and to guard
against a recurrence of such inconvenience, it is Resolved

101. That no % such permission shall be granted in
future unless the applicant first submits his request in writing
to the gentleman superintending the District to which he
belongs, who is hereby directed to report on the same for the
information of the Governor and Council.

102. That the amount of requisition from England for
shipment 1832 for Outfit 1833 do not exceed the sum of
Fifteen Thousand Pounds Sterling.

672 CANADIAN ARCHIVES

103. That the annexed standing Rules and Regulations be
considered in force and be acted upon accordingly until re-
scinded.

104. That this Council do now adjourn.
Signed -

George Simpson Governor
Colin Robertson,, Chief Factor.

Alexr Stewart do

J. D. Cameron do

John Charles do

John Stuart do

Alexander Christie do

William McKintosh do

William Conolly — do

John Rowand do

Rodk McKenzie do

John Lee Lewes do

Duncan Finlayson do

York Factory 4th July, 1831.

Minutes of Council 1832.

Minutes of a Temporary Council held at York Factory,
Northern Department of Rupert's Land which commenced on
the 9th day of July Eighteen hundred & thirty-two for the
establishing such rules and regulations as may be considered
expedient for conducting the said Department and in order to
investigate the result of the trade of last year and determine
the Outfits and General Arrangements for the trade of the
Current year, conformably to the Provisions of a deed Poll
under the seal of the Governor and Company of adventurers of
England trading into Hudson's Bay bearing date the 26th day
of March 1821, at which were present the following members
Viz:

George Simpson Governor in chief.

John D. Cameron Chief Factor

John Stuart do

Alexander Christie do

William McKintosh do

John Lee Lewes do

Rodk McKenzie do

PIONEER LEGISLATION 673

Francis Heron Chief Trader
Robert Miles do

John E. Harriott do

Robert Cowie do

William Todd do

Resolved 1. That the rotations of Furlough for the Current
year 1832 be in favor of Chief Factors George Keith, John D.
Cameron and John Charles.

2. That the rotation of Chief Factor George Keith
be availed of by himself & the rotations of Chief Factor
J. D. Cameron and John Charles be transferred to Chief
Factors Colin Robertson and Edward Smith.

3. That the rotations of Furlough for the Current year be
in favor of Chief Traders Cuthbert Cummings and Francis
Heron, the former Gentleman availing himself of his rotation
and the latter Gentleman not availing himself thereof but
with an understanding that he shall be allowed to take the
benefit of an exchange of Rotation in 1835.

In order to guard against any misapprehension in regard
to the Furloughs of the two ensuing years: —

4. That they be considered as in favor of Chief Factors
John Stuart, Edward Smith and John McLoughlin, with Chief
Traders John Siveright and Robert Miles for Outfit 1833/34;
and in favor of Chief Factors James Keith, Joseph Beioley
and Angus Bethune, with Chief Traders Colin Campbell and
Alexander McTavish for Outfit 1833/34.

5. That Chief Factor John Stuart having given notice of
his intention not to avail himself of his Furlough for the year
1833/34 it be at the disposal of the Governor and Council.

6. That Chief Trader Robert Miles having given notice of
his intention not to avail himself of his Rotation of Furlough
for the year 1833/34 it be transferred to Chief Trader Colin
Campbell, who has expressed a desire of obtaining a Rotation;
and it being understood that Chief Trader Siveright does not
mean to avail himself of his Rotation of Furlough for the year
1833/34 it be transferred to Chief Trader Alex. R. McLeod,
who has expressed a desire to be relieved from his appointment
on account of ill-health.

7. That there shall be no exchange of Rotation of Furlough
between Chief Factors or between Chief Traders while under
appointment on the west side of the Mountains until after they
have passed 5 Winters there, except in cases where Ill-health

28159—43

674

CANADIAN" ARCHIVES

may render it necessary for them to visit England or Canada
for the benefit of medical advice.

8.
Districts.

Chief Factors,

Athabasca John Charles.

William McKintosh.
McKenzies River . John Stuart.
English River, inc.

Cumberland . . . Rodk. McKenzie.
Saskatchewan . . . . John Rowand.

Swan River, incl.

Fort Ellice. . . .
Red River, Fort

Garry or New Fort Donald McKenzie.
R. River El. Farm,

Sale Shop at The

Forks, & new Post

at Portage la

Prairie

Lac la Pluie, inc. Ft.

Alexr. & Shoal

Lake

Norway House, inc.

Berens River. . .

Island Lake

York Factory . .
Columbia .

James McMillan.

J. D. Cameron.

John Lee Lewes.
Alexr. Christie.
John McLoughlin.
Duncan Finlayson.

New Caledonia. . . P. W. Deas^.

Chief Traders.
Colin Campbell.

A. R. McLeod.

J. P. Pruden.
J. E. Harriott.

Win. Todd,

Donald Ross.

Robert Miles.
Saml. Black.
P. S. Ogden.
Fras. Heron.
Arch. McDonald,
Robert Cowie.
John Work.
Simon Mc-

Gillivray.
Alexr. Fisher.

9. That the appointments of the Commissioned Gentlemen
in the Montreal Department for the year 1833/34 be con-
tinued as those of 1832/33 unless Chief Factor James Keith,
who must be considered the principal superintendent of that
Department may find it necessary from unforeseen causes to
make alterations therein.

PIONEER LEGISLATION 675

10. That the following arrangements take place

Winter Arrangements —

Athabasca — Fort Chippewyan, J Charles, C.F.

Chas. Ross, Clk.

Dunvegan, Wm. McKintosh, C.F.

Vermilion, Robt. Miles, C.T.

Gt, Slave Lake, J. McDonald, Clk.

11. That 4 boats, 29 men, and about 200 pieces Goods
constitute the current outfit for Athabasca District.

12. That the quantities of Leather, parchment Pack
Cords, and Babiche required for New Caledonia, be provided
at Dunvegan together with a sufficient quantity of grease to
make up the lading of two Canoes to 50 pieces in all deliver-
able when called for after the month of August.

13. That Chief Factor Charles be directed to precede his
Brigade in a Canoe to be manned by retiring Servants from
New Caledonia and the crew to be made up by Servants be-
longing to the District, The New Caledonia people to be at
Fort Chippewyan not later than the 25th May.

14. That Chief Factor Charles be provided with a pass-
age from Norway House to Fort Chippewyan if he requires
it in a Canoe proceeding under the charge of Mr. W. F. Lane,
Clerk, with eight men to New Caledonia.

15. Summer Arrangements —
Athabasca — Fort Chippewyan, Four men.

Gt. Slave Lake, Three men.
Dunvegan, Three men.

Vermilion, Three men.

16. That Chief Factor William McKintosh, John McDon-
ald, and Charles Ross, Clerks, remain inland and be appointed
as Chief Factor Charles may consider expedient.

17. That Chief Trader Colin Campbell be provided with
a passage from Fort Chippewyan in order to avail himself of
an exchange of Rotation of Furlough with Chief Trader
Miles; that a passage be likewise provided for Chief Trader
Alex. Rodk. McLeod in order to avail himself of an Exchange
of rotation of Furlough with Chief Trader John Siveright;
and a passage be provided for Charles Brisbois, retiring Clerk.

18. That Chief Factor Christie be directed to forward 160
pieces Goods to Norway House for Athabasca Outfit 1833 by
Indians or Red River Carriers.

28159— 43£

676 CANADIAN" AKCHIVES

19. That the Athabasca' Sale Shop to servants be trans-
ferred to Norway House for Outfit 1832 under the direction
of Chief Trader Ross, who will make the necessary Requisi-
tion for the same.

20. Winter Arrangements —

McKenzies River — Fort Simpson, John Stuart C.F.

Alexr. R. McLeod C.T.
Riv're au Liard, M. McPherson, Clk.
Fort Norman, Chas. Brisbois do
Fort Good Hope, John Bell do

Fort Halkett, John McLeod do

21. That about 250 pieces Goods forwarded in 4 Boats
from Norway House for Portage la Loche constitute the cur-
rent Outfit for McKenzies River.

22. Summer Arrangements —

McKenzies River — Fort Simpson, Two men.

Riv're au Liard, Three men.

Fort Norman, Two men.

Fort Good Hope, Three men.

Fort Halkett (Removed to West branch),
Ten men.

The proximity of the establishment of Fort Halkett to
Riviere au Liard being found to interfere with the Trade of
the latter Establishment and it being desirable to settle the valu-
able country discovered last year by Mr. John McLeod, Clerk,
situated on the West branch of the Liard River towards the
skirt of the Rocky Mountains, it is Resolved

23. That Chief Factor Stuart be directed to take
the necessary steps to abandon the Post of Fort Halkett
and to form an establishment to bear the same name on an
eligible spot in the upper part of the west branch in the course
of the Summer, to be occupied by Mr. John McLeod, Clerk,
during the Winter 1833/34, so as to enable him to prosecute
his discoveries in that quarter in course of the following Sum-
mer.

24. That it be discretionary with Chief Factor Stuart to
regulate the appointments and to make such alterations in
the Summer Arrangements of the District as he may con-
sider expedient.

25. That 4 Boats and a Canoe or 5 Boats be employed to
bring out the Returns Summer 1833 to Portage la Lache.

PIONEER LEGISLATION 677

26. That Chief Factor Christie be directed to forward
250 pieces Goods to Norway House of McKenzies Kiver Outfit
1833, the same to be transported thence in 4 Boats, to start
from Norway House on or before the 15th June, three of which
to be manned by people to be engaged for the trip at Ked
Kiver — say 7 men each & the fourth by 7 Servants exclusive
of the Guide and to be accompanied by a Clerk or Post-
master of the District.

27. That Chief Trader Alexr. Kodk. McLeod be permitted
to withdraw from the District next Season for the purpose of
.availing himself of the exchange of Chief Trader John Sive-
right's Rotation of Furlough, in order to obtain medical ad-
vice, being in bad health; and that Charles Brisbois Clerk be
permitted to withdraw from the District, having given notice
of his intention to retire from the Service, unless Chief Factor
Stuart may consider it necessary to re-engage him.

28. Winter Arrangements —

English River — Isle a la Crosse, Rodk. McKenzie C.F.

Rapid River, Geo. Deschambeauh Clk.
Green Lake, An Interpreter.

Cumberland Ho., Thos. Isbister P.M.

29. That 100 pieces Goods in 2 Boats manned by 12 men
constitute the Current Outfit for the three first Posts of that
District; & that (number omitted) pieces constitute the Current
Outfit for Cumberland Post, to be taken in by the. Saskatche-
wan Brigade, into which the three voyaging Servants belong-
ing to that Post will be drafted".

30. Summer Arrangements —

English River — Isle a la Crosse, Three men.

Rapid River, A Clerk & 1 man.

Cumberland Ho., A P.M. & 1 man.

31. That a quantity of dried provisions equal to 80 Bags
Pemican be provided and forthcoming for the use of the out-
ward and inward bound Northern Craft, Spring & Summer
1833.

32. Winter Arrangements —

Saskatchewan — Edmonton, John Rowand, C. F.

Richd. Grant, Clk.

Carlton, J. P. Pruden, C.T.

Henry Fisher, Clk.

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Full text of "The Canadian North-west, its early development and legislative records : minutes of the Councils of the Red River colony and the Northern Department of Rupert's Land"

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