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SESSIONAL PAPERS.
VOLUME XIV.-PART VI.
THIRD SESSION OF THE FOURTH LEGISLATURE
PROVINCE OF OiNTARIO.
jession 1802.
Volume XIV.
TORONTO :
rHINTEIl DT C. B. R0BIN80K, JORDAN STREBT.
45 Victoria.
List of Sessional Papers.
A. 1882.
LIST OF SESSIONAL PAPERS.
VOL. 14, SESSION 188S.
ARRANGED ALPHABETICALLY.
Acts Unconstitutional
Agriculture
Agricultural Statistics
Appointments to Office
Asylums
Beer and Wine Licenses
Births, Marriages, and Deaths. . . Bonds and Securities of Office . . . Boilers, Inspection of
Boundaries of Ontario
Butchers' Meat
Central Prison
Coal
Coroners' Inquests
County Crown Attorneys
County Court Judges
Crown Lands
Division Courts
Education
Elections
Estimates
Felonies
Financial Matters, Quebec and
Ontario
Hospitals and Charities
Huron and Ontario Canal
Immigration
Insurances
No.
58
3
30
48, 59
8 61
9 10 47 23,24 69 49 46 68 66 33 29
4 35,38 39,65
5 22
2 36
25
45
16,32
6
21,31
Judicature Act
Legislative Resolutions . . .
Library
License Act
May, J. P
Members Appointed to Office
Mercer Estate
Municipalities
Nation River
Parliament Buildings
Provincial Secretary
Public Accoimts
Public Works
Registrars
Severn River
Sheep and Dogs
Shelburne Licenses
Sheriffs' Fees
Simcoe Licenses
Statutes of Ontario
Stipendiary Magistrates . . . Superannuated Teachers . . . Tavern and Shop Licenses . Toll Roads
University of Toronto -
Upper Canada College -
Wheat Experiments ,
York County Court Judge .
No.
27 24 12 60 55 48 51
44,63 56
40,41 54 67 1 7 14 57 64 62
34,37 52 15 53 50 11 42
17,19 20
18,43 26 28
45 Victoria.
List of Sessional Papers.
A. 1882.
SESSIONAL PAPERS.
ARRANGED NUMERICALLY.
No. 1. No. 2.
No. 3.
|
No. |
4 |
|
No. |
5 |
|
No. |
6 |
|
No. |
7 |
No. 8.
No. 9.
No. 10.
No. 11.
No. 12.
No. 13.
No. 14.
No. 15.
CONTENTS OF PART 1. Public Accounta for the year ending 31st December, 1881. Estimates for the year 1882.
CONTENTS OF PART II. Report of the Commissioner of Agriculture and Arts for the year 1881.
CONTENTS OF PART III.
Report of the Commissioner of Crown Lands for the year 1881.
Report upon Public Schools, High Schools, Normal and Model Schools, for the years 1880-1.
Report of the Immigration Department for the year 1881.
Report of Commissioner of Public Works for the year 1881.
CONTENTS OF PART IV.
Report upon the Asylums, Prisons and Public Charities for the year 1881.
CONTENTS OF PART V.
Report of the Registrar-General for the year 1880.
Detailed Statement of all Bonds and Securities recorded in the Provincial Registrar's Office since the last Return submitted to the Legislative Assembly.
Report upon the working of the Tavern and Shop Licenses Act for the year
1881.
Report from Librarian respecting the Legislative Library.
(Blajik.)
Return of all Fees and Emoluments received by the Registrars of Ontario for the year 1881.
Return from the Queen's Printer, relating to the disposal of the Ontario Statutes for 1881. (Not printed. J
45 Victoria.
List of Sessional Papers.
A. 1882.
Return of copies of all papers, petitions and correspondence addressed to the Government by the Huron and Ontario Ship Canal Company, or by otlier parties, relating to the construction of a Ship Canal to connect the waters of the Georgian Bay with those of Lake Ontario. {Not printed.)
The Bursar's Statements of cash transactions of the University of Toronto and University College for the year ended 30th June, 1881.
The Bursar's Statement of Receipts and Disbursements of Upper Canada College for the year ended 30th June, 1881.
Return of all correspondence between the Council of University College and any Female applicant for permission to attend lectures in that Institution, such Return to also shew the standing of such applicant in the University of Toronto.
Return shewing what applications have been made by Females for admission to any of the lectures of University College for the Session of 1881-82, and the results of such applications, together with copies of all corres- pondence in connection therewith.
Report of the Inspector of Insurance, with Appendices, for the year 1881.
CONTENTS OF PART Vl
Return from the Records of the Elections to the Legislative Assembly, since the last Return in 1880, shewing the aggregate number of Votes polled for each Candidate in each Electoral District in which there has been a contest, the total number polled in each Division, and the number of names on the Voters' Lists of the same respectively, the number of Voters remaining unpolled, and the population of each Constituency, as shewn by the last Census.
Correspondence and Papers respecting the Disputed Territory on the Northerly and Westerly sides of Ontario.
Correspondence with reference to Resolutions of the Legislative Assembly passed on 3rd March, 1881, respecting the Boundary Award.
Return of copies of all correspondence, subsequent to that already brought down, between the Government of Ontario, or any member thereof, and the Government of Canada, or the Government of Quebec, with reference to settlement of financial matters between the Provinces of Ontario and Quebec and the Dominion of Canada.
Return shewing the various kinds of Wheat experimented on at the Agricul- tural College, and the counties from which it came. {Not printed.)
Order in Council, and a Report of the Honourable Attorney- General respecting certain appointments and arrangements under the Judicature Act.
Order in Council granting an Allowance to the Junior Judge of York. {Not priiUed.)
Orders in Council commuting the Fees of certain County Court Judges. {Not printed.)
Report with regard to Agricultural Statistics.
45 Victoria.
List of Sessional Papers.
A. 1882.
No. 31.
No. 32.
No. 33..
No. 34.
No. 35. No. 36.
No. 37.
No. 38..
No. 39..
Report of the Honourable the Attorney-General of Ontario with respect to certain proceeding.s before the Imperial Privy Council, involving the right of the Provincial LegLslaturo to pass the Act to secure Uniform Conditions in Policies of Insurance.
Return of copies of all correspondence between the Government, or any Member or Department thereof, and the President of the Huron and Ontario Ship Canal Company, or any member of the said company, relat- ing (1) to a re-survey of the proposed route of a canal connecting the waters of Lakes Huron and Ontario, and (2) to placing in the Estimates a sum sufficient to enable the said Company to keep the office open for another year. {Not printed.)
Return shewing the aggregate amount of fees and emoluments actually received by the several County Crown Attorneys in Ontario, during the years 1878, 1879 and 1880, as returned by them under the provisions of the Act 43 Vic, cap. 3. Also a similar Return by the several Clerks of the Peace in Ontario.
Return of the number of Bills in Chancery, and Writs of Summons issued out of the Superior and County (Jourts, served by the Sheriffs of Ontario in the years 1879 and 1880. (JVot printed.)
Report of the Inspector of Division Courts for the year 1880.
Return in respect to cases under the Act for the more speedy trial of Felonies and Misdemeanors, from the several Counties of Ontario, for the year 1880, shewing in tabular form the following, viz. : 1. The number of Prisoners brought before the County Judge or Police Magistrate in the County. 2. The number of Prisoners consenting to be tried by the Police Magistrate or Judge without a Jury. 3. The nature of the offences tried by the Judge without a Jury, giving the number under each several class of offences. 4. The number of convictions in cases so tried by the Police Magistrate or .ludge. 5. The number of Prisoners demanding a trial by Jury. G. The nature of the offences in cases when Prisoners demanded to be tried by a .Jury, giving the number of each. 7. The number of convictions before the Courts of (Jenerul Sessions, in cases when the Prisoner demanded to be tried by a Jury. 8. The number of cases in which imprisonment for a term of upwards of one j'ear lias been imposed, the nature of the offences, and the terras of imprisonment. (Not printed.)
Statement of fees and emoluments earned and disbursements made by Sheriffs of the Province of Ontario for the year ended 31st December, 1881, in accordance with the provisions of 43 Vic. cap. 3, Statutes of Ontario.
Return of the suits over $100 brought in each Division Court in the Province, in the year 1880, verdict in each case, the cases in which the Attorneys' fees wore allowed by the .Judge to Plaintiff, and amount thereof ; the cases in which Agents' fees were allowed by the Judge to Plaintiff, and amount thereof ; the cases in which the Attorneys' fees were allowed to Defendant, and amount thereof ; the cases in which Agents' fees wore allowed to Defendant, and amount thereof. (Not printed.)
Return of the number of cases entered for trial in the .several Division Courts in the Province from the 5th March to 3l8t December, 1880, giving for each County or City the number between $20 and $60, between i^OO and ?100, and l.etween SlOO and $200 ; the amount of Jury Fees paid
45 Victoria.
List of Sessional Papers.
A. 1882.
No. 40..
No. 41
No. 43.
No. 43..
No. 44.
No. 45..
No. 46..
by Division Court Clerks to County or City Treasurers for suits so entered, and the amounts paid to Jurors in Division Courts for same period.
Return of all papers and documents, including the report of the experts, respecting competitive plans for new Parliament and Departmental Build- ings for this Province ; but not including amongst such papers and docu- ments any that may be of a private or confidential character. (^Not printed.)
Return of all moneys expended in preparation of plans, or otherwise, regarding new Parliamentary Buildings. (Not printed.)
Return shewing the number of Roads on which Tolls are collected in each County in the Province, the names of the Municipal Corporations, Joint Stock Companies, or individuals owning such Roads, the date of construc- tion, the capital invested by present owners in construction or purchase, the length of Roads, rate per mile charged as Tolls, and the gross and net revenues during the years 1878, 1879 and 1880 ; also, the rate of divi- dends paid to the owners during those years. fjJoT b j' ;».■*-<!- <i)
Return in regard to Upper Canada College, shewing for each of the past four years: — 1. The average number of Pupils in attendance. 2. The average age of Pupils in the first and second Forms. 3. The average number of Pupils in attendance from each City and County in Ontario, and also from elsewhere. 4. The Fees payable by Pupils. 5. Average cost per Pupil per annum. 6. The number of (a) First-class Honours ; (b) Second- class Honours and Scholarships taken by Pupils of the College at the Matriculation E.x:aminations of the University of Toronto. 7. Names, degrees or certificates, and salaries of the Masters at present employed in the College. 8. Names, duties and salaries of all other officials at present employed in the Institution. (Not printed.)
Return shewing: — 1. The number of Members comprising each Municipal Council in the Province (but not including County Councils), in the years 1879 and 1880. 2. The number of Assessors in each such Municipality for each of the said years. 3. The amount of such compensation paid each such Assessor in each such year for the performance of his duties as Assessor. {Ifot printed.)
Return shewing the sums paid to each of the Hospitals and Charities in this Province in each year since Confederation, shewing the total sum paid to each separate institution, and the population of the locality in which such institutions are situated.
Return shewing (1) the number of Prisoners employed each month in the of foremen, guards, or instructors employed in the shop during that period. Central Prison Broom Factory, from January 1st, 1878, to January 1st, 1879 ; (2) the number and the wages paid to them ; (3) nature of machinery used, whether steam or foot power ; (4) cost of knives and needles used during that period ; (5) number of brooms made in each month from January 1st, 1878, to January 1st, 1879, with average number made in dozens by each man per diem; (6) number of Prisoners employed each month in the Central Prison Broom Factory, from January 1st, 1879, to January 1st, 1882 ; (7) number of foremen, guards, or instructors employed in the shop during that period, and the wages paid to them ; (8) cost of knives and needles used during that period ; (9) nature of machinery used, whether steam or foot power ; (10) number of brooms made in each month from January 1st, 1879, to -January 1st, 1882, with average number made, in
45 Victoria.
List of Sessional Papers.
A. 1882.
No. 47. No. 48.
No. 49.
No. 50., No. 51.,
No. 52.
No. 5.'?. No. 54.
No. .55.
No. 56.
dozens, by each man per diem. ; (11) also, copy of the contract made by the Government with Messieurs H. A. Nelson & Sons, of Toronto and Montreal ; (12) copies of any correspondence relating to the contract since it was made, as to changes in same, or complaints as to non-fulfilment by either the Government or Messieurs H. A. Nelson <fe Sons ; also, any complaints, if any, as to the quality of the brooms manufactured, and waste in manufacturing the same.
Return of correspondence with the Government of the Dominion respecting legislation to guard against casualties from Boiler Explosions.
Return shewing (1) what Members of this House, or persons who have been Members thereof within six months prior to their appointment to office, have been appointed to office under the Crown in this Province since Con- federation. (2) The dates of the resignations of such Members of their seats in this House and of their appointment to office. (3) The nature of the offices to which such appointments have been made.
Return shewing the total quantity of Butchers' Meat supplied to each of the Public Institutions of the Province and the cost thereof for the years 1880 and 1881 respectively ; also, the cost to the Province in each of the said years for the erecting of slaughter-hou.ses and salaries of butchers and agents employed in purchasing cattle, etc., together with the amount of freight on such cattle, etc., from the place of purchase to the difierent institutions.
Return shewing the amount received in. each year and the amount paid in each year on account of the Superannuation of Public School Teachers ; also, shewing the total sum received and the total sum paid out on account of such fund.
Return shewing Receipts and Expenditures in detail since the date of the last Return connected with the estate of the late Andrew Mercer ; shewing also, in a separate account, a detailed statement of the cost of the building known as the Andrew Mercer Reformatory (Not printed.)
Return shewing the number of Shop, Hotel, and Saloon Licenses granted in each Municipality of the Ridings of East and West Simcoe, dating from the 1st day of January, 1878, to the 1st day of January, 1882, stating the amount received for each license for each of the above years. (Not printed.)
Reports of the Stipendiary Magistrates with respect to the Northerly and Westerly parts of the Province of Ontario.
Return of copies of the specifications upon which the advertisements for the con.struction of new Parliament Buildings were based, and of the advertisement for tenders and forms of tenders. (Not printed.)
Copies of the Commission of Enquiry of the Minister of Education into certain charges against 8. P. May, M.D., an officer of the Education Department, the Report of the Commissioner, the evidence and exhibits.
Return of all correspon<lenc(' between the Government, or any Member of the Government, and any person or persons, referring to the deepening or draining the Nation River during the years 1874 to 1881 inclusive, not included in any Return heretofore brought down. (Not Printed.)
45 Victoria.
List of Sessional Papers.
A. 1882.
No. 57.
No. 58.
No. 59.
No. 60.
Return of copies of all correspondence between the Government, or any Member thereof, and any person or persons, referring to the widening or deepening of the channel of the Severn River at the outlet of Lake Couchiching, during the years 1874 to 1881 inclusive, and not included in any previous Return; together with a copy or copies of the Report of the Surveyor appointed by the Government to take the necessary levels around Lakes Simcoe and Couchiching with the above object.
Return giving a statement of all judicial decisions declaring Acts or parts of Acts of the Ontario Legislature unconstitutional ; also, shewing the Judges or Courts by which such judgments have been given, the causes in whfch given, and the effect on such Acts or parts of Acts respectively ; also, shewing which of such judgments, if any, have been appealed from, and the appeal remaining undecided ; also, all such decisions affirming the con- stitutionality of enactments of this Legislature.
Return shewing the names of all persons Appointed to any Office, either tem- porary or permanent, by the Government since Confederation, with the names of service, religion, date of appointment, salary, date of removal if removed, and cause of such removal, so far as such information is not contained in any Return heretofore laid before this House.
Return shewing, for each License District, the number of times in which, under sections 62 and 63 respectively of the Liquor License Act, the powers of the County Judge have been invoked or exercised in the matter of (a) Revocation of Licenses improperly obtained, and (c) the investiga- tion of negligence of Inspectors. *
Return shewing the number of Beer and Wine Licenses which have been applied for ; also the number which have been granted in each County in the Province under section 19, cap. 27, 44 Victoria.
Return shewing the number of convictions for violations of the License Act m the Village of Shelburne, and the amount of fines collected in each of the years 1879, 1880 and 1881. {Not printed.)
Statement of the Assets, Liabilities, Revenue Expenditure, etc., of the Muni- cipalities of the Province of Ontario. {Not printed.)
Return shewing the number of Sheep killed by Dogs, and the amounts paid for_the same, in each of the Municipalities of the Province for the years 1879, 1880 and 1881 respectively. {Not printed.)
Return shewing (1) all Clerks of Division Courts appointed by the Govern- ment during the years 1880 and 1881, showing in each case whether such appointments were to fill vacancies caused by deaths or resignation ; (2) all Bailiffs of Division Courts appointed during the same period, specifying the causes of such appointment, giving residences and dates in all cases.
No. 66 . . I Return shewing the number of Coroners' Inquests on Deaths held in the I Province in the years 1878, 1879, 1880 and 1881, with the total amounts I paid for the same in each County, and the total amounts of such costs
I refunded by the Government to the Counties in each year.
No. 67. .1 Report of the Provincial Secretary for the year ending 31st December, 1881.
No. 61.
No. 62.
No 63. No. 64.
No. 65.,
45 Victoria.
List of Sessional Papers.
A 1882.
No. 68..
No. 69..
CONTENTS OF PART VIL
All tbe correspondence between the Governn.ents of the J^.^^/' ^^^Vsse Province and all the Orders in Council and documents, of dates from IbOb To ISsSusive, relating to the Northerly and Westerly Boundaries of this P;ovince; also, all tlie Returns, Resolutions, etc., brought down or passed this Session relating to the said Boundaries.
45 Victoria. Sessional Papers (No. 22). A. 1882
RETURN
From the Records of the Elections to the Legislative Assembly, since the last Return in 18S0, shewing the aggregate number of Votes polled for each Candidate in each Electoral District in which there has been a contest, the total number polled in each Division, and the number of names on the Voters' Lists of the same respectively, the number of Voters remaining unpolled, and the population of each Constituency, as shewn by the last Census.
CHARLES T. GILLMOR,
Glerh of the Legislative Assembly.
Legislative Assembly,
Toronto, January, 1882.
45 Victoria.
Sessional Papers (No. 22).
A. 1882
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45 Victoria. Sessional Papers (No. 23). A. 1882
CORRESPONDENCE AND PAPERS
Respecting the Disputed Territory on the Northerly and Westerly Sides of Ontario ; laid before the Legislative Assembly,
By Command.
ARTHUR S. HARDY,
Secretary.
Pkovincial Secretary's Office, 12th January, 1882.
45 Victoria. Sessional Papers (No. 23). A. 1882
INDEX.
FAGB.
Letter from \V. D. Lyon, Esq., Stipendiary Magistrate 3
Order in Council, 28th May, 1880 3
Petition for establishment of a Division Court at Eat Portage 4
Letter from the Attorney-General of Ontario to the Minister of Justice of Canada,
1st February, 1881 4
Letter of acknowledgment 5
Letter from Stipendiary Magistrate, Rat Portage, 30th April, 1881 6
Letter of Under-Secretary of State to Petitioners at Rat Portage, 1st April, 1881. 6
Despatch of Lieutenant-Governor to Secretary of State, Canada, 15tli March, 1881 6
Despatch of Under-Secretary acknowledging same R
Letter from Stipendiary Magistrate at Rat Portage, 30th September, 1881 8
Report of Attorney-General of Ontario, 1st November, 1881 9
Despatch from the Lieutenant-Governor to the Secretary of State, 31st December,
1881 47
45 Victoria. Sessional Papers (No. 23). A. 1882
COllEESPONDENCE AND PAPERS
■RESPECTING THE DISPUTED TERRITORY ON THE NORTIIERI;Y AND WESTERLY SIDES OF ONTARIO.
LSrrER OF W. D. LYON, E-5Q , STIPENDIARY MAGISTRATE.
Eat Portage, April 15th, 1880. J. G. Scott, Esq.,
Deputy Attorney-General.
Sir, — I received your letter of the 5th instant to-day. I received your letter of the 16th March last by the former mail, but as the carrier returned immediately I had no opportunity of answering it ; and further, I considered that any description that I could give you of the divisions for Division Court purposes would be of little use without a map. I have had one prepared, and herewith enclose it to you. You will see from the map the intention is that all who can come conveniently to Hat Portage on Division Court business by the Pacific Railway and the waters running into the Lake of the Woods from the north-east, as well as any residents to the west, will belong to the Rat Portage Division ; and all those residing south of the railway from the line on the map or the waters that flow into Rainy Lake and Rainy River will belong to the Fort Francis Division.
From my knowledge of the country I believe it is the best division of the territory that can be made. I also have the opinion of Mr. Mather, the Hudson's Bay Factor, and others, who are of the same opinion.
I am. Sir,
Your obedient servant,
W\ D. Lyon.
ORDER IN COUNCIL,
Approved by Ilis Ilonotcr the Lieutenant-Governor, the 28th day of May, A.D. 1880.
Upon the recommendation of the Honourable Mr. Crooks, Acting Attorney-General, the Committee of Council advise that all that part of the Territorial District of Thunder Bay west of the meridian of the most easterly part of Hunter's Island (formerly known as the provisional boundary line) be divided into two Division Court divisions ; that the first of such divisions be composed of the territory lying to the north of the south-easterly shore of the Lake of the Woods and a line drawn in a north-easterly direction from Rapid Portage to the north end of Lake Manitou ; thence in an easterly direction to the south end of the lake known as the Lake where the Piiver bends ; thence in an easterly direc- tion to a point where the said meridian of the north-easterly part of Hunter's Island intersects the Canadian Pacific Railway at the south-west angle of Hawk Lake ; and that a Division Court be held therefor to be styled the Third Division Court of the District of Thunder Bay.
That the other of the said divisions be composed of all the territory lying south and east of the Lake of the Woods and of the said line ; and that a Division Court be held therefor to be styled the Fourth Division Court of the District of Thunder Bay.
(Certified.) J. G. Scott,
Clerk Executive Counril, Ontario.
45 Victoria. Sessional Papers (No. 23). A. 1882
PETITION FOR ESTABLISHMENT OF A DIVISION COURT AT
RAT PORTAGE.
To His Honour the Lieutenant-Governor of the Province of Ontario, in Council assembled.-
The petition of the undersigned merchants and business men of Rat Portage, and other places on the line of the Canada Pacific Railway, humbly sheweth :
That, owing to the fact of there being no Court of Civil jurisdiction as yet estab- lished here, we are put to great inconvenience and loss for want of the necessary facilities to enforce payment of our outstanding debts. The loss and inconvenience complained of will be very much increased as portions of the works on the railway are finished and the sub-contractors, traders, and labourers begin to move from place to place, and many of them leave the works and the district carrying their effects with them. At present w» have no power to detain their goods and enforce payment of our lawful claims.
A great number of business transactions take place here, and a large majority of them come within the jurisdiction of the Division Court. We therefore most earnestly impress upon you the urgent necessity of establishing a Division Court here at as early a date as possible.
And your petitioners as in duty bound will ever pray.
Thos. Hanson, M.D., John Oman,
E. M. RiDOUT, M. McKenzie,
Richard M. Pahk, Ale.\. Matheson,
Owen Carson, W. & L. Aurens,
W. S. VViLLsoN, A. Lawuens,
Geo. D. Kortiigraves, William Doxorus,
Wm. McKinnon & Buo., William R. Smith,
Baker & Co., Jacob Hose,
D. L. Mather, James Gilfes,
A. Boyd, Walter Oliver,
J. B. Campbell, Fkank Gardneii,
P. Doyle, Jno. A. Lock,
D. J. jSIcDougall, '"'tis B. Dandson,
Ja.mes Fitzgerald, Wm. Goimv.
LETTER FROM THE ATTORNEY-GENERAL OF ONTARIO TO THE MINISTER OF JUSTICE OF CANADA.
Toronto, 1st February, 1881.
Dear Sir, — I hope that the present Session of the Dominion Parliament will not be allowed to conic to an end without the necessary Act being passed adopting and confirming the Boundary Award. If, however, we are again to be disappointed, some additional legislation is absolutely required to mitigate the serious evils consequent upon the un- happy position in which the territory in question is placed. No magistrate or justice of the peace acting in the disputed territory can feel any a.ssurance that his jurisdiction will not be disputed, and his officers set at defiance or sued in trespass ; and the doubts which the inhabitants must have as to their position, in view of the delay of the Dominion Parliament to confirm the award, necessarily paralyzes the administration of justice in this territory.
Your Act of last session (43 Vic, Cap. 36) does not declare what law will govern in the case of Civil Rights, and makes no provision for the trial of civil matters ; nor does
4
45 Victoria. Sessional Papers (No. 23). A. 1882
it set at rest the very important question as to whether the License Law of Ontario or the Prohibitory Law of Keewatin governs in this territory. In my letter of 23rd April last, I suggested that Parliament should be requested to make some provision in respect of these matters ; and I also suggested that authority should be given alike to the justices of the peace of Keewatiu and Thunder Bay and Algoma to act in any part of the dis- puted territory ; and that the jurisdiction of the District Court of the District of Algoma, ^ud of the Division Courts established for Thunder Bay, and the Judges and officers of such Courts, including the Sheriff of Thunder Bay, should have authority and jurisdiction within this territory. The draft Bill which I submitted last session, under the hope that you would introduce it into Parliament, dealt with these matters ; the sections relating to tliem were not in the Bill which you introduced ; they seem to me far more important for the due administration of justice than those which the Bill did include ; and indeed the latter, to be operative to any great extent, required the aid of some of the omitted provisions. I do not see what valid objection can be urged against the intro- duction of these provisions. The fact of reciprocal rights being given to the officers of Keewatin and of Ontario would clearly shew that you were not by tliis legislation admitting the right of Ontario.
On account of the omission of the provision giving to the Sheriff of Thunder Bay authority in this territory, it was found necessary, at very heavy expense, to bring the prisoner Horn, who was accused of murder, down to Sault Ste. Marie for trial.
I send you a copy of the clauses in the draft Bill to which I refer above. You are doubtless bearing in mind that the Act of last session expires by limitation upon the rising of Parliament.
I also send herewith for your consideration a new draft Bill embodying the omitted provisions, and containing some further words which, to prevent possible misapprehension on the part of anybody, you may perhaps think it useful to employ.
I trust also that authority will be given to the Ontario Government to deal with the land and timber in the disputed territory, subject to our accounting therefor in case our right to the territory should not be maintained. Though the Parliament of Canada has not yet recognized the award, the award certainly gives to us meantime such a prima facie interest as makes it most reasonable that we should have the necessary means of giving titles to the settlers within the territory, so long as what you deem the possible rights of the Dominion are duly protected in the manner proposed.
I remain, &c.,
(Signed) O. Mowat.
The Honourable James McDonald,
Minister of Justice,
Ottawa.
LETTER OF ACKNOWLEDGMENT.
Ottawa, 7th February, 1881. The Honourable 0. Mow.^t,
Attorney-General,
Toronto.
Dear Sir, — I am in receipt of your letter of 5th instant enclosing copy of a Bill to make further provision respecting the administration of justice in the teri-itory in dispute between the Governments of Canada and of Ontario, which shall receive my best con- .sideration. ,
Yours truly,
(Signed) Jas. McDonald.
5
45 Victoria. Sessional Papers (No. 23). A. 1882-
LETTER FROM THE STIPENDIARY MAGISTRATE AT RAT PORTAGE.
Rat Portage, April 30, 1881. J. G. Scott, Esq.,
Deputy Attorney-General.
Sir, — Enclosed you will find the copy of a letter from the Dominion Government in answer to a petition sent by the people of Rat Portage praying for a Civil Court to bs established.
I have the honour to be, Sir,
Your obedient servant,
W. D. Lyox, S. M.
LETTER OF UNDER-SECRETARY OF STATE.
Ottawa, 1st April, 1881.
Sir, — With reference to the petition, signed by you and others of the merchants and Business men of Rat Portage, praying that a court of civil jurisdiction may be established at that place, I desire to acquaint you, for the information of the petitioners, that as Rat Portage will shortly be included within the Province of Manitoba, when the Act extend- ing the boundaries of that Province is brought into force (unless it be already within the limits of Ontario) ; and as the administration of justice and the establishment of Provin- cial Courts devolves upon the Provincial authorities, it would not be proper for this Government to take action upon their petition.
I have the honour to be, Sir,
Your obedient servant,
Edouard J. Lan'gkviv,
Under-Secretary of Slate.
DESPATCH OF HIS HONOUR THE LIEUTENANT GOVERNOR OF ONTARIO TO THE SECRETARY OF STATE OF CANADA.
Sir, — My Government have had their attention called to a lUll introduced into the Dominion riirliainent by the Government of Canada providing for the extension of the boundaries of the Province of Manitoba. The terms of this Bill, so far a.i regards the proposed easterly limit of that Province, my Government regard with the greatest concern, and consider as in the highest degree objectionable. So fara.s the territory to be comprised ■within the limits of the Province of Manitoba is clearly and indisputably within th« jurisdiction of the Parliament of Canada, my Government rejoice at the extension of that Province, as afTording a wider .scope for the energies of its people and Government, and as giving to a large number of settlers in Keewatin and the North-West Territories th« direct benefits of Provincial and .Municipil G ivernment.
But, while tlie extension of the boundaries in directions a.s to which there is no dis- pute is a matter of congratulation, the terms in which the new ea.stern boundary of the Province is de.scribed in the Bill appear to my Government to call for an earnest and Tigorous protest on behalf of the Province of Ontario.
According to the provisions of tlie Bill, the eastern boundary of Manitoba is to be the Western boundary of the Province of Ontario, wherever that boundary may hereafter be determined to be, tliough a very large part of our territory in that direction is still in dispute on the part of the Government at Ottawa, notwithstanding that more tlian two years ago it was found and declared to be ours by the unanimous award of tliree distin- guished gentlemen mutually chosen to determine the question.
My Government desire to call the attention of the Government of the Dominion
6
45 Victoria. Sessional Papers (No. 23). A. 1S82
once more — (1) to the great and obvious injury occasioned to the interests of Ontario by the refusal or delay of the Dominion Government to recognize and confirm that award ; (2) to the inconvenience and embarrassment, in an administrative sense, incidental to tlie delay ; and (3) to the facts that, whilst the Goveiimient of the Dominion have failed to procure or propose the legislation necessary to the confirmation of tlie award, and have treated the riglits of Ontario to the boundaries dettimined by the arbitrators as being still open to question, they have not been pleased up to this moment to enter into any discussion of the subject with this Government, or even to make any official communica- tion of the grounds on which a recognition of the award, by which the matter in question was intended and supposed to be settled, has been declined or delayed ; and that the only answer which has been hitherto given to the repeated representations made on this sub- ject has been that the communications would receive consideration.
Under these circumstances, my Government can only regard this new step, of intrud- ing a third party into the existing controversy, as an act of direct antagonism and hostility to the interests and rights of the Province of Ontario.
Hitherto the assent of the Dominion of Canada to a settlement of the question has been necessary for that purpose, and would be sufficient. The Dominion has no consti- tutional interest in withholding that assent, and the people of Ontario have a voice in its councils. But, by the measure which has received its first reading in the House of Com- mons, it is proposed to give to another Province a new, direct, and strong interest adverse to that of the Province of Ontario, and to invite Manitoba, as a contiguous Province, with a growing and active population, to claim jurisdiction over every portion of the territory to which the Dominion of Canada has thought fit to question the right of Ontario.
The proposed measure would also make the consent of the Province of Manitoba as well as the Government at Ottawa to be hereafter essential to any settlement, or even to any step towards a settlement, of the existing controversy ; and would place that Prov- ince in such a position with reference to the territory as may make almost, if not quite, impossible an amicable settlement of the question, or any settlement founded on the ground of the just obligation that an award made in good faith imposes on Nations, Dominions, or Provinces which, through their representatives, were parties to the arbi- tration.
Serious and most vexatious difficulties cannot fail to arise from the conflicting inter- pretation of their rights in the premises by any of the three authorities claiming juris diction within an extended area of territory, where it is of the utmost importance to peace and good order that the power of the law should bo paramount and beyond question. In this view, it has been repeatedly, and hitherto vainly, urged that if our right to the terri- tory is not acknowledged, a provisional arrangement should be made with the sanction of Parliament in regard to the law which is to regulate the rights and obligations of the inhabitants with respect to civil rights and property, and kindred matters, until the question in dispute should be settled.
In short, my Government look upon the proposed measure as calculated to aggravate all existing difficulties, and to prove most prejudicial to the harmony and accord which should prevail between the Provinces of the Dominion.
Under all the circumstances, my Government desire respectfully to urge that, in fair dealing with the Province which they represent, the measure in progress should define the easterly boundary of the Province of Manitoba so as not for the present to extend in an easterly direction beyond the boundary of Ontario as determined by the arbitrators; leaving the further extension of Manitoba eastward to be provided for by future legisla- tion, should any competent authority decide that Ontario is entitled to less territory than by the Award is declared to belong to this Province.
The resolutions of the Legislative Assembly, passed in the Session of 1880, and the resolutions passed in the Session which has just terminated, and which received the unanimous support, with an individual exception, of the whole House, were sufficient to shew that if the measure should be passed in its present form, it would be deemed by almost the whole people of Ontario as a violation of the rights of the Province, and as an act of gross injustice towards it.
7
45 Victoria. Sessional Papers (No. 23). A. 1882
The Ontario Government trust that, in view of the representations made, the Gov- ernment of Canada may even yet see fit so to modify the measure before Parlia- ment as to deprive it of its objectionable features, while still conceding all necessary advantages to the Province of Manitoba, in whose rapid progress and development this Province, as a portion of the Dominion, feel profound satisfaction.
I have the honour to be, Sir,
J. B. EOBINSON.
To the Honourable the Secretary of State,
Oltav)a.
DESPATCH OF UNDER-SECRETARY OF STATE, ACKNOWLEDGING RECEIPT OF HIS HONOUR'S DESPATCH.
Ott.\wa, 16th March, 1881.
Sir, — I am directed to acknowledge the receipt of your despatch of the 15th instant, on the subject of the Bill introduced into the Dominion Parliament providing for the extension of the boundaries of the Province of Manitoba.
I have the honour to be, Sir,
Your obedient servant,
Edouard J. LASGEViy,
Under-Secretary of State. His Honour the Lieutenant-Governor of Ontario,
Toronto.
LETTER FROM STIPENDIARY MAGISTRATE AT RAT PORTAGE.
Rat Portage, September 30th, 188L To the Honourable Oliver Mowat,
Attorney-General.
Sir, — I write to you for advice and direction in respect to the Division Courts. At the sitting of the Court held in May there were a number of cases disposed of, and the money was paid in some cases before execution ; in others afterwards. ,The only parties who disputed the jurisdiction of the Court were the railway contractors.
There were two cases entered subsequently that are not yet dispo.sed of, and the parties will attend the next sitting of the Court to have their accounts adjusted.
Is it the intention of the Government that I .should continue to act as if no question of jurisdiction had been raised, and that the clerk receive and enter suits and issue exe- cutions as if no interruption had taki'n place ? So far we have kept the Court on foot ; but, while claiming to have the right to enforce the Civil Law, have not encouraged liti- gation, nor have we advised parties having debts to collect not to enter them in suit. But suits have not been entered on account of the executions against the railway contractors not being enforced.
Waiting your advice,
1 remain, Sir,
Your obedient servant,
W. 1). Lyon,
Stipendiary ifagiatrate.
8
45 Victoria. Sessional Papers (No. 28). A. 1882
REPORT BY THE ATTORNEY-GENERAL OF ONTARIO ON THE BOUNDARY QUESTION, 1st NOVEMBER, 1881.
The undersigned has the honour to submit the following report on the controversy of the last few years with respect to that large part of this Province to wliich the Dominion Government persistently refuses to acknowledge our title, notwithstanding the unanimous award three years ago (3rd August, 1878) of the Eight Honorable Sir Edward Thornton, Her Majesty's Ambassador at Washington, the Honourable Chief Justice Harrison, and the Honourable Sir Francis Hincks, K.C.M.G., mutually chosen ty the two Governments to decide the matter.
The territory in question consists of two parts, standing on a different footing from .y each other : (1) Territory lying north and west of the Height of Land which divides the waters flowing into the Great Lakes from those flowing into Hudson's Bay ; and (2) the territory lying south and east of the same Height of Land. By an Act passed at its last session, the Federal Parliament transferred to the Province of Manitoba (so far as regards Provincial jurisdiction) the claim which the Federal Government made to the territory south and east of the Height of Land, comprising an area of about 7,000 square miles, and to so much of the territory north and west of the same Height of Laud as lies between the Province of Manitoba and the Province of Ontario, comprising a further area of about 32,000 square miles.
The territory lying to the north and u-est of the Height of Land is claimed on behalf of the Dominion as having become entitled to it in 1870, under a transfer or release of the interest theretofore claimed by the Hudson's Bay Comx^any therein, under their charter dated 2nd May, 1670.
The disputed territory lying to the south and east of the same Height of Land was not claimed by the Hudson's Bay Company under their charter, nor was there any ground or pretence for so claiming it. Before 1870 this part had been treated at all times, and for all purposes, as belonging to this section of Canada. As such it had before Confederation been the subject of grants, licenses, and other transactions on the part of the Provincial Government. So much of the territory as was from time to time settled or occupied by a white population was governed, without any question on the part of anybody, by the laws. Courts and officers of Upper Canada ; and since Confederation the same territory has uninterruptedly been governed by the laws, Courts and officers of Ontario ; it has had municipal organization as part of this Province ; the Ontario District of Algoma has for all purposes of the Dominion and Province been considered to include it ; and Provincial money has from time to time been expended in making surveys and bridges and other improvements, and in administering justice and main- taining peace and order in the territory.
The land on this side of the Height of Land is part of certain territory (/ which was the subject of an Order in Council of the Government of Canada, and of a treaty by that Government with the Indians, as long ago as 1850. On the 1 1th January,
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45 Victoria. Sessional Pajjers (No. 23). A. 1882
1830,* the Government of Canada, by tljis Order in Council, which was approved by His Exctllcnc}' the Governor-General, authorized the Honourable W. B. Robinson " on the part of the Gcvernmeut to negotiate with the several tribes [of Indians] for the adjustment of their claims to tlie lands in the vicinity of Lakes Superior and Huron, or of such portions of them as may be required for mining purijoses." In pursuance of this authority, Mr. Eobiuson, " on behalf of Her Majesty the Queen," on the 7th September, 1850, entered into an agreement with " the principal men of the Ojibbeway Indians, inhabiting the northern shore of Lake Superior, in the said Province of C luada, from Batchewanaung Bay to Pigeon River at the western extremity of said lake," whereby, in consideration of £2,000 in hand paid, "and for the further jerpctual annuity of £'500 to be paid and delivered to the said chiefs and their tribes at a convenient season of each summer, not later than the 1st day of August, at Michipicoten and Fort William, they, the said chiefs and principal men, [did] surrender, cede, grant and convey unto Her Majesty, her lieirs and successors, all their right, title and interest in the territory" therein described ; and thereby, " on behalf of Her Majesty and the Government of this Province," it was ageeed to make the said payment, " and, further, to allow the said chiefs and their tribes the full and free privilege to hunt over the territory now ceded by them, to fish in the waters thereof as they have heretofore been in the habit of doing, saving and excepting only such portions of the said territory as may from time to time bo sold or leased to individuals, or companies of individuals, and occupied by them with the consent of the Provincial Government." The agreement also contained pro- visions with respect to the sale of mining locations or other property by " the Government of this Province." The Government of the Province acted on this treaty, with the couFont and approval of Her Majesty's representative, the Governor-General, up to the time of Confederation ; and the Governments of Canada and Ontario continued to act upon it afterwards.
Assuming that this territory, south and east of the Height of Land, is not within / Ontario, the Dominion had no claim to it until an Order was made by Her Majesty in Council, on the 31st July, 1880, whereby it was ordered and declared that "from and after the 1st of September, 1880, all British territories and possessions in North America, not already included with the Dominion of Canada, and all islands adjacent to any of such territories or possessions, shall (with the exception of the Colony of New- foundland and its dependencies) become and be annexed to and form part of the said Dominion of Canada, and become and be subject to the laws, for the time being, in force in the s .id Dominion, in so far as such laws may be applicable thereto."
The claim to the territory north and west of the Height of Land, as well as to the land south and east, is not new. All which is now in dispute and more were always claimed as part of Upper Canada by the Province of Canada, in its contests with the Hudson's Bay Company and otherwise, long before the Confederation Act was thought of, and up to the time that that Act went into efTect. The same claim was continuously insisted on afterwards by the Government of the Dominion, until the coutest with the
* Book of Arbitration Documents, p. 23.
10
45 Victoria. Sessional Papers (No. 23). A. 1882
Company was put an end to in 1870 by its interests on this continent (whatever they were) being transferred to Canada.
To prevent the recognition of tlio award by members of the House of Commons V from constituencies lying within the other Provinces, the award has been represented as giving to this Province an extensive territory to which it had no right; while the truth is, that the right of Ontario to all the territory awarded was established by an immense mass of evidence. The fuither fact is kept in the background, that the terri- tory awarded to this Province is less than the Governments of the country had, up to the year 1870, justly claimed to belong to this section of Canada.
With the same view, it has been suggested that this territory, if confirmed to v Ontario, would, in the not distant future, give to this Province undue weiglit in the Dominion. With this territory Ontario has an area of about 200,000 square miles ; but British Columbia has 390,344 square miles"; Keewatin District (as limited by the recent Manitoba Act), about 260,000 ; and Quebec is admitted to have 193,355,* and probnbly has considerably more, as the estimate of that area appears to assume that the Province of Quebec does not extend to the shore of Hudson's Bay. Outside of its present Provinces, the Dominion has still an estimated area of more than 2,000,000 square miles for new Provinces. The loss of the territory in dispute would reduce the area of Ontario to 109,480 square miles.* Why should the area of our Province be reduced to half that of Quebec ? or to less than half the area of Keewatin ? or to less than one- third the area of British Columbia ? The addition of the same territory to Manitoba would give to that Province an area of 154,411 square miles.* Why is the area of Ontario to be reduced, and that of Manitoba extended, until Manitoba shall have an area one-Lalf greater than Ontario ?
Having reference to the figures thus given, the notion of Ontario having in the future undue influence in the Dominion, as compared with its other Provinces, is absurd, even if the Provinces were represented in the House of Commons as Provinces ; which they are not. The members of that body represent the Counties, Kidings, Districts, and Cities of the Dominion, and would represent their respective constituencies whether these, f jr Provincial purposes, were in one Province or another.
The undersigned has said that our claim to the territory awarded to vis is not new. A few of the many facts which illustrate this statement may be mentioned.
On the 4t]i December, 1856, f the Secretary of State for the Colonies addressed to the Governor-General of Canada a despatch respecting Hudson's Bay Company ; and respecting certain important questions which the Company had raised, and the steps which Her Majesty's Government had in contemplation regarding them. The despatch referred, amongst other things, to the Company's claim to " all the region under British Dominion watered by streams flowing into Hudson's Bay;" and stated that Her Majesty's Government had "determined on bringing the whole subject under the investi- gation of a Committee of the House of Commons at the earliest convenient time ;" that
♦ Senate debate on the Manitoba Bill of 1881, pp. 607, 608. + Sessional Papers, Canada, 1857 ; Vol. XV.. No. 17.
11
4.5 Victoria. Sessional Papers (No. 23). A. 1882
the inquiry would be mainly directed to the question of the renewal of a certain license granted to the Company in 1838, but that " it must incidentally embrace the general position and prospects of the Hudson's Bay Company ; " and, as many points might arise in the coiurse of inquiry which might affect the interests of Canada, His Excellency was instructed to consider, with the advice of his Council, the question whether it might he desirable to send witnesses to appear before the Committee, or in any other manner to cause the views of the Provincial Government, and the interests of the Canadian community, to be represented before the Committee.
In reply, on the 17th January, 1857, a Minute of Council,* approved by His Excellency, was transmitted to the Colonial Secretary, in which it was stated, amongst other things, that " the general feeling here is strongly that the western boundary of Canada extends to the Pacific Ocean ; " that the Committee of Council were most anxious that Canadian interests should be properly represented before the proposed Committee of the House ; and that opportunity should be afforded for carefully and closely watching any evidence which might be adduced before that body ; that the Committee would take the earhest occasion to suggest to His Excellency the manner in which they conceived this could be best accomplished; that situated as Canada is, she necessarily has an immediate interest in ever}' portion of British North America ; and that the question of the jurisdiction and title claimed by the Hudson's Bay Company is to her of paramount importance.
An official paper by the Commissioner of Crown Lands of Canada was prepaj'ed,t claiming, on grounds therein elaborately set forth, that the westerly boundary of the Province extended "as far as British territory, not otherwise organized, would carry it, which would be the Pacific ; or, if limited at all, it would be by the first waters of the Mississippi, which a due west line from the Lake of the Woods intersected, which would be the White Earth Kiver ; " and with respect to the northerly boundary, the Commissioner pointed out that " the only possible conclusion is, that Canada is either bounded in that direction by a few isolated posts on the shore of Hudson's Bay, or else that the Company's territory is ... a myth, and consequently that Canada has no particular limit in that dii'ection."
The Honourable William H. Draper, Chief Justice of the Court of Common Pleas of Upper Canada, was appointed by the Government of Canada as a special agent to represent " Canadian rights and interests before the proposed Committee of the House of Commons." Instructions for his mission were communicated to him by letter on the •20th February, 1857.
All these papers were brought down to the Legislative Assembly as Returns to Addresses of that Honourable Body, dated respectively the 2nd and 16th March, 1857, aud are to be found in the Appendix to the Sessional Papers of that year (No. 17).
The Government of Canada thus sent Chief Justice Draper to England for the purpose of resisting the very claim of the Hudson's Bay Company which the Dominion afterwards made and still makes as the transferees of that Company ; and that dis-
« Sessional Papens Canada, 1857 ; Vol XV., No. 17.
+ Book of Arbitration Documents, \>. 243; Journals of Legislative Assembly, Canada, VoL xv., No. 17 (B).
12
45 Victoria. Sessional Papers (No. 23). ^ A. 1882
tinguished jurist resisted the Company's claim accordingly before a Committee of the House of Commons and otherwise in that year.
In the same Session, viz., on the 11th May, 1857, the Legislative Assembly appointed a Select Committee to receive and collect evidence and mformatiou as to the rights of the Hudson's Bay Company under their charter, and as to other matters relating to the territory. The only evidence taken was against the claim then made by the Company, and now made hy the Federal authorities. The Committee made their report on the 8th June, 1857, submitting the evidence to the consideration of the House. The House ■was prorogued on the 10th June.
Meanwhile, viz., oo the 28th May and 4th June, 1857, Chief Justice Draper was examined before the Committee of the House of Commons in England ; and, on the subject of the claim of the Hudson Bay Company, stated (amongst other things) as follows : " At present it is understood by us that the Hudson's Bay Company claim, as a legal right, all the land which is drained by any streams, no matter how remote their sources may be, which flow into either the Hudson's Bay Straits or Hudson's Bay. We consider that that is an ill-founded claim, jjiincipally upon this ground — that it is a claim of which we can find no trace until a very modern period, and is quite inconsistent with the claims advanced by that Company for nearly a centm-y and a half. To save time, I have prepared extracts from various documents emanating from the Company themselves, with some few other documents. It is a paper which it would save a great deal of time to put in, because I can give every place where the extracts are taken from, and therefore reference to the original documents can always be had. I would also desire to say that in every extract which I 'nave made, I have made it a complete extract of all that is stated on the question ; and if it involves anything favourable to the Hudson's Bay Company, it will be found in those portions of which I have made the extract."* The paper thus referred to as containing, not merely what favoured the Canadian claim, but also everything favourable to the Hudson's Bay Company, was amongst the papers before the arbitrators in 1878, having been printed in the Book of Documents for the purposes of the arbitration. (Pages 235 and 2i0.)
Afterwards, viz., on the 12th of June, 1857, the learned Chief Justice communi- cated to the Government of Canada his opinion, that if the matter were submitted to the Privy Council, its decision would give " to Canada a clear right west to the line of the Mississippi, and some considerable distance north of what the Hudson's Bay Company claim,"! though not the " territory west of the westernmost head of the Mississippi." t The Chief Justice thought that the Canadian Government had claimed too much in claiming beyond the Mississippi that point to the Kocky Mountains. The award which the Federal authorities refuse to recognize has assigned to us part only of the territory described by the Chief Justice as territory to which we had a " clear right." t
It is further to be noted that public money was from time to time expended by the Province of Canada in opening roads and otherwise in the now disputed territory. I
After Confederation, the same views were taken of the territorial question, and the
* Hudson's Bav Report, Com. Eng., 1857, p. 212, Question 4,056, p. 374, etc. + Book of Arbitration Documents, p. 391. X See Sessional Papers, Canada, 1864, No. 62.
13
45 Victoria. Sessional Papers (No. 23). A. 1882
like course of actioa was pursued by the Dominion Government and Parliament, as bad been adapted by the Government and Parliament of the Province.
Thus, in 18G8, the sum of §20,000 was appropriated by the Dominion for the con- struction of a road from the Lake of the Woods to Fort Garry, on Red River ; and the money was spent accordingly. The whole of this road was Lu territory which the Dominion authorities now say was then no part of Canada.
Agam, in an official letter of. the Canadian Ministers, Sir George E. Carticr and the Hon. William McDougall, to Sir Frederick Eogors, Bart., Under Secretary of State for the Colonies, dated 16th January, 18G9, they pointed out that " the boundaries of Uijper Canada on the north and west were declared, under the authority of the Constitutional Act of 1791, to include 'all the territory to the westward and south- ward ' of the ' boundary line of Hudson's Bay, to the utmost extent of the country commonly called or known by the name of Canada ;' " ind they added that " whatever doubt may exist as to the ' utmost extent ' of old or French Canada, no impartial investigator of the evidence in the case can doubt that it extended to, and included, the country between the Lake of the Woods and Red River. The Government of Canada, therefore, does not admit, but on the contrary denies, and has always denied, the pretensions of the Hudson's Bay Company to any right of soil, beyond that of squatters, in the territory " between the Lake of the Woods and Red River, that being the territary to which the matter which called forth the lettar^^eferred.* The Federal Government thus claimed for us a western line beyond the Ihie which the arbitrators have awarded to us, and insisted that no " impartial investigator " of the evidence could doubt our right to it.
So much as to the views and acts of the Province of Canada and Dominion of '' Canada until the year 1870. In that year the Federal Government ceased to be " impartial investigators of the evidence." Having obtained a transfer of the interests of the Hudson's Bay Company, thai Government soon afterwards reversed the position always theretofore taken in this country with regard to the extent of Canada. They now insist that Canada had more contracted limits than even its old antagonists, the Hudson's Bay Company, had argued for ; and that the views maintained and acted upon by Canadian Governments and public men up to 1870 were so utterly and clearly unfounded, that, though confirmed as to part of the territory by solemn award, the award must bo resisted both passively and actively, regardless of consequences. The particulars of this transfer of 1870 may here be stated.
By the British North America Act (30 and 81 "Victoria, Ch. 8, Section 3), the Provinces of Canada, Nova Scotia and New Brunswick were formed into one Dominion under the name of Canada. By Section 6 it was enacted that " the parts of the Province of Canada . . . which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form two separate Provinces — the part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario ; and the part which formerly constituted the Province of Lower CanaJa shall constitute the Province of Quebec." And by the llGth
• Book of Arbitration Documents, p. 323.
45 Victoria. Sessional Papers (No. 23). A. 1882
section it was enacted that the Queeu, by the advice of Her Majesty's Privy Council, miglit "admit Eupert's Land and the North-Western territory, or either of them, into the Union, . . . subject to the provisions of this Act ; and the provisions of any Order iu Council in that behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland."
By a joint address to Her Majesty from the two Houses of the Canadian Parliament, in December, 18G7, it was prayed that Her Majesty would be graciously pleased "to unite Rupert's Laud and the North-Western territory with tlie Dominion of Canada," and it was therein stated "that, upon the transference of the territories in question to the Canadian Government, the claims of the Indian tribes to compensation for lands required for purposes of settlement would be considered and settled Ln conformity with the equitable principles which have uniformly governed the Crown iu its dealing with the aborigines.""
By another joint address to Her Majesty from the two Houses of the Canadian Parliament, Ln May, 18G9, it was again prayed that Her Majesty would be graciously pleased "to unite Paiperl's Land on the terms and conditions " therein mentioned (but not material to the present question), " and also to unite the North- Western territory with the Dominion of Canada," as before prayed.t
Accordingly, by an Order in Council dated 23rd June, 1870, it was ordered and declared by Her Majesty, by and with the advice of Her Privy Council, that from and after the loth July, 1870, " the said North-Western Territory shall be admitted into and become part of the Dominion of Canada " upon certain terms and conditions therein referred to, and that " Eupert's Land shall, from and after the said date, be admitted into and become part of the Dominion of Canada " upon certain other terms and conditions in the said Order mentioned.];
It has of late been argued or asserted, that this order deprived Ontario of any ter- ritory theretofore claimed by the Hudson's Bay Company. No contention could be more unfounded. (1) Her Majesty had no power to deprive Ontario of any part of its territory, the B. N. A. Act having expressly declared that the territory " which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario;" and the enactment as to the annexing of the North-Western territory by Her Majesty in Council was expressly "subject to the provisions of this Act." (2) The Order in Council did not intend to take away any part of our territory.
A year after the claims of the Hudson's Bay Company had been disposed of, viz., on the 17th July, 1871, His Honour the Lieutenant-Governor of this Province, by a despatch addressed to the Secretary of State for the Provinces, called the attention of the Federal Government " to the necessity which exists for the settlement of the true boundary or division line separating the Province of Ontario from what is known as the North-West Territory," observing that " the importance of accomplishing this object (had) been recognized both by the House of Commons and the Legislature of this Province, and appropriations made by them for defraying the expense of a Commission
* Journals, Canadian Senate, 1867, p. 144. + Journals, Can. Senate, 1*^69, p. 125. J Book Arb. Doc. 405 et aeq.
1.5
45 Victoria. Sessional Papers (No. 23). A. 1882
for that purpose, one member of which to be appointed by His Excellency the Governor- General, and the other by" the Lieutenant-Governor. The despatch referred to "the necessity of having the boundary line in question ascertained without delay."*
Accordingly, in July, 1871, the Government of the Dominion appointed their Commissioner, and in September, 1871, the Ontario Government appointed theirs, t These Commissioners were to co-operate with one another in determining the boundary.
On the 1st of October, 1871, J. S. Dennis, an officer in the service of the Dominion Government, at the request of its Premier, made a report to him on the question of the boundaries " between the Province of Ontario and the Dominion lands, or North- West Territories." I In this report Mr. Dennis maintained — contrary to all Canada's past contentions with the Hudson's Bay Company, and in opposition to all past acts of the successive Governments of Canada — that Ontario did not extend in the west beyond the meridian of the confluence of the Ohio and Mississippi Rivers (longitude about 89°)' thus excluding not only " the country between the Lake of the Woods and Red River," but also the Lake of the Woods itself and a breadth of some hundreds of miles between that Lake and the said meridian, to which territory the award has declared Ontario to be entitled. The territory thus said not to belong to this Province includes the village of Prince Arthur's Landing and the Township of Mclntyre, with a population of 2,500 ; the Township of Oliver, with a population of 500; the Village of Fort William and Township of Neehing, with a population of 1,250; Mattawan, with a population of 250 j and Sibley, 750. There is a further population along the line of the railway works. §
The report of Mr. Dennis further alleged that the northern boundary of Ontario was the Height of Land already mentioned.
In support of these views, the report contained a statement that the charter of the Hudson's Bay Company (dated 2ud May, 1070) described the grant to the Company as " extending over and including all lands and territories drained by the waters emptying into Hudson's Bay." The report was made ex parte, and without anj' communication with the Government of Ontario. The haste with which it was prepared is manifest from the fact that the charter contained no such description as the report thus professed to quote. That description was merely the construction which had in recent times been placed on the charter by the Company itself, and which as well the Companies contending with the Hudson's Bay Company, as the Province and Dominion of Canada, had always repudiated. The report makes no reference to, and no doubt was prepared without its author being aware of, some of the most important documents and other proofs on which the rights of Ontario are based. No copy of the report appears to have been communi- cated to the Ontario Government ; and the report was not known to this Government until after it had been produced by Mr. Dennis to the Committee of the House of Com- mons of Canada in 1880.
By an Order in Council, approved on the 28tb of November, 1871, || the con- stitutional advisers of His Excellency the Governor-General of Canada obtained the
• Sessional Papers, Ontario, 1873; No. <4, p. 3
+ Book of Arbitration Documents, p. 340.
X liejHirt of B'xinilary C<iinniitt<!e, House of Commons, 1880, p. 1.
§.Sec Senate debatea'f.ir 1S81, p. GO".
I Sessional Papers, Ontario, 1873, No. 44, p. 6.
16
45 Victoria. Sessional Papers (No. 23). A. 1882
sanction of the Crown to the statement that " it was of much consequence that the ascertaining and fixing on the ground of the boundary line in question should be as far as possible expedited."
On the 9th of March, 1872,* the Hon. William Macdougall, the Commissioner of the Ontario Government, reported that he had not yet been put in communication with the Commissioner appointed ou behalf of the Dominion, but had conferred with certain officers and members of the Dominion Government, and had reason to believe that the Commissioner of the Dominion would take the ground that a line due north from the junction of the Ohio with the Mississippi is the legal western boundary of Ontario, or that the Height of Land west and north of Lake Superior is the utmost western limit of the Province. Mr. Macdougall further stated that his own opinion was that the limit was much further west.
A few days afterwards, viz., on the 14th of March, 1872, t a communication was made by the Secretary of State to the Lieutenant-Governor of this Province, claiming in effect, and for the first time, that the westerly boundary of the Province extended only to the more limited of the two boundaries mentioned by Mr. McDougall, viz. , to the meridian of the junction of the Ohio and Mississippi, and that the northern boundary extended only to the Height of Land dividing the waters which flow into the Hudson's Bay from those emjJtying into the valleys of the Great Lakes. This claim was embodied in a draft of instructions prepared by the Dominion Government to be given to their Commissioner. The claim was promptly repudiated on behalf of this Province by an Order in Council passed on the 25th of March, 1872, | approved by the Lieutenant- Governor, and communicated at once to the Federal Government, to the effect that the Province claimed that the boundary line was very different from the line so defined by the said instructions ; that the Province could not consent to the prosecution of the Commission for marking ou the ground the line so defined ; and that the Commissioner appointed by the Government of Ontario should therefore be instructed to abstain from taking any further action under his commission.
By an Order in Council, approved on the 9th of April, 1872, § the Federal Advisers of His Excellency the Governor-General obtained the assent of the Crown to the opinion, that " It is of the greatest consequence to the peace and well-being of the country in the vicinity of the dividing line that no question as to jurisdiction, or the means of prevention or punishment of crime, should arise or be allowed to continue," and that "both Governments would feel it their duty to settle without delay upon some proper mode of determining, in an authoritative manner, the true position of such boundary." On the 26th of April, 1872, || the Federal Government apphed to the Government of Ontario for payment of certain accounts, amounting to $4,085.75, for the main- tenance of a poUce force at Thunder Bay, and for cash advances for the Court House at Prince Arthur's Landing, the said localities being west of the due north line. On the 25th of June cheques in favour of the Dominion Government for the sums
* Sessional Papers, Ontario, 1873, No. 44, p. 8.
t Ontario Sessional Papers, 1873, No. 44, pp. 14, 15.
J Sessional Papers, Ontario, 1873, No. 44, p. 17.
§B(>ok of Documents, p. 342; Ontario Sessi.mal Papers, 1873, No. 44, p. 18.
i Book of Arbitration Documents, p. 34ti ; Sessional Papers, Ontario, 1873, No. 44, p. 26.
i 17
45 Victoria. Sessional Papers (No. 23). A. 1882
of $215.02 and .$793.31 respectively were transmitted by His Honour the Lieutenant- Governor to the Government at Ottawa, in discharge of items in connection with the Court House at Prince Arthur's Landing ; and with reference to the other items, for the maintenance of a police force at Thunder Bay, His Honour requested information as to the authority, from the Province of Ontario, upon which the Province was asked to pay therefor. This information does not appear to have been given, and no further payments appear to have been made.
By another Order in Council, approved on the 16th of May, 1872,* His Excellency's Federal advisers obtained the assent of the Crown to the further statement, in reference to the disputed territoiy, that "it is very material that crime should not be unpimished or unprevented ; " and "in this view," the Government of Ontario was " invited to concur in a statement of the case for immediate reference " to the Judicial Committee of the Privy Council of England. It was further stated that " this is the more necessary, as no conventional arrangement between the two Governments as to boundary can confer criminal jurisdiction on the Courts of Ontario, unless the place whore any crime may be committed is by law within the Province;" and that "the mineral wealth of the north-west country is likely to attract'a large immigration into those parts, and with a view to its development, as well as to prevent the confusion and strife that is certain to arise and continue among the miners and other settlers so long as the uncer- tainty as to boundary exists,'' the Government of Ontario was " urged to arrange with that of the Dominion for some joint course of action as to the granting of land and of mining Hcenses, reservation of royalties, etc.," and for this purpose it was suggested that the Government of Ontario should "appoint a Commissioner to meet the Hon. J. C. Aikens and arrange some joint system ; and that any such arrangement, when ratified by the two Governments, shall be held to bind both, and shall be subject to the decision of the Judicial Committee of the Privy Council upon the question of boundary; and that, after such decision, titles to lands or mining rights shall be confirmed^by the Gov- ernment, whether of Canada or of Ontario, as shall, under the decision of the Judicial Committee, be the proper party to legalize the same."
By an Order in CouncU, approved by His Honour the Lieutenant-Governor on the 31st day of May, A.D. 1872, t regret was expressed that the Government of Canada did not propose in any respect to modify its views with reference to the boundaries, opposed as those views were to the general tenor of the expressions and conduct of the Governments of the late Province of Canada and of the Dominion in the past. Regret was also expressed that the Government of Canada was not prepared to negotiate for the purpose of arriv- ing at a conventional arrangement as regards the boundaries. It was inferred that the Government of Canada disapproved of that course, in consequence of the difficulty stated in the following extract from a memorandum of the Minister of Justice : — " No conventional arrangement between the two Governments as to boundary can confer criminal jurisdiction on the Courts of Ontario, unless the place where any crime may be committed is by law within the Province ; " and attention was called to the third
• Sessional Papers, Ontario, 1873, No. 44, p. 20 ; Book of Arbitration DocumenU, pp. 343, 344. i Book of Document*, p. 344.
18
45 Victoria. Sessional Papers (No. 23). A. 1882
clause of the Act of the Imperial Parliament passed 29tli of June, 1871, cap. 28, ■which is in these words :^" The Parliament of Canada may from time to time, with the consent of the Legislature of any Province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respectmg the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby." It was observed, that " under the operation of this clause, it is quite possible to arrive at a conventional settlement of the question by the joint action of the Executive and Legislative authorities of the Dominion and of the Province;" and that, with reference to the emergency arising out of the expected immigration during the spring and summer, " a short Act of the Parliament of Canada — providing that the boundaries of Ontario should, for the purposes of crimmal jm-isdiction, and so far as the Parliament of Canada can provide, be deemed, pending the settlement of the question, to extend as far as the limits which are specified in the memorandum transmitted to the Government of Canada by this Government — would, though open to some objection, afford the best practicable solution of that difficulty." With reference to the proposed submissioa to the Judicial Committee of the Privy Council, it was remarked that "the solution of the boundary question depends upon numerous facts, the evidence as to many of which is procurable only in America, and the collection of which would involve the expenditure of much time ; " and the opinion was expressed that "upon the whole the more satisfactory way of settling the question, should the Government of Canada still decline to negotiate for a conventional boundary, would be by a reference to a Commission sitting on this side of the Atlantic ; " and, " without for the present dealing definitely with the proposal of the Government of Canada for a reference to the Judicial Committee," this counter-suggestion was made to that Govern- ment. A " strong conviction" was expressed " that it is the duty of the Government of Ontario to retain in the meantime the control of the lands within the boundaries claimed by it; but, as it is anxious that the policy of the Government of Ontario with reference to the disposition of these lands, should, so far as practicable, conform to the views of the Government of Canada, it was agreed " that an effort should be made to avoid the possible difficulties arising from the claims put forward by that Government," and with this view the Honourable E,. W. Scott was requested to confer with the Honourable J. C. Aikens, as proposed by the despatch of the 16th May.
By another Order in Council, approved on the 7th November, 1872,* His Excel- lency the Governor-General's Federal advisers obtained the further sanction of the Crown to the statement that " the importance of obtaining an authoritative decision as to the limits to the north and to the west of the Province of Ontario had already been affirmed by a Minute in Council," and that " the establishment of criminal and civil jurisdiction, and the necessity of meeting the demands of settlers and miners for the acquisition of titles to lands, combined to render such a decision indispensable."
On the 18th March, 1873, T. K. Eamsay, Esq., Q.C., who had previously been
* Sessional Paperi, Ontario, 1873, No. 44, p. 23.
19
45 Victoria. Sessional Papers (No. 23). A. 1882
employed for this purpose by the Dominion Government,* made a report, giving what he called "the strictly legal view" of the question, and setting forth elaborately and ably whatever could be found or said in support of the limits suggested in Mr. Dennis' report. Mr. Eamsay's investigations and report were tnade without the knowledge of the Ontario Government, and without his having seen some important documents in favour of the claim of Ontario which came to light afterwards and were submitted to the Ai-bitrators.t The report was addressed to the Hon. A. Campbell, Postmaster-General, and has appended to it the following memorandum with reference to the territory south and east of the Height of Land :
"In the report submitted, the strictly legal view has alone been considered, because it alone seemed to be within the scope of my instructions; but from the course of my investigations I could not fail to see that, beyond this, there is another consideration not less important, and that is, the equitable side of the question. In creating-^the Province of Ontario, it is not possible to conceive that the Imperial Legislature intended to convey to that Province, and to the Provincs of Quebec, less territorj' than the late Province of Canada actually enjoyed. Now, it is incontestable that up to 1867 the Government of Canada, de facto extended to the Height of Land which forms the water shed o the water system of the St. Lawrence and the Great Lakes. This is made apparent by the registers of the Executive Council, by which we find that a Commis- sioner was rppointel to obtain the surrender of the claims of the Indians to the lands in the vicinity of Lakes Superior and Huron, or of such of them as may be required for mining purposes. The Commissioner executed a treaty by which he obtained a portion of the very territory that wouM be cut o£f from the Province of Ontario, if the dispositions of the Act of 1774 were literally observed; 'from Batchewanouing Bay to Pigeon River, at the western extremity of the said lake (Superior), and inland to that extent to the Height of Lxnd which separates the territory covered by the charter of the Honourable tbe Hudson's Bay Company from the said tract, and also the islands in the said lake within the boundaries of the British possessions therein.' There are doubtless other acts of autliority beyond the meridian indicated in the foregoing report. In the De Reinhard trial, Mr. Coltman, a Magistrate for the District of Quebec, and a Com- missioner in the Indian territory, in his evidence, said: — 'II est notoire que les writs des JIagistrats du District oaest du Haut Canada sont '"mauea pour etre executes a, Fort William.' It would therefore seem that in fairness to the Province of Ontario the old line of the Height of Land should be adopted as the western as well as the northern boundary of the Province of Ontario."
The Federal Parliament was in Session at the date of this Report, and was pro- rogued on the 13th August following. Parliament again met on the 23rd October, and ■was prorogued on the 7th November, a change of Government having in the meantime taken place. A general election was held in January, 1871, and Parhament again assembled on 2Gth ^larch, and was in Session until 2Gth May. During thebc occurrences the negotiations between the Dominion Government and the Government of Ontario made no material progress.
• Report of Boundary Com.. Home of Commons, Canada, 1880, p. 209. f Bouk of Arbitration Uucuinentu, pp. 17, 'MS, 402, 411-'11», etc.
20
45 Victoria. Sessional Papers (No. 23). A. 1882
On the 26th of June, 1874, a provisional arrangement was made for the sale of lands in the disputed territory, by the adoption of a conventional boundary on the west and north.* It was agreed, that this conventional boundary should, on the west, be the meri- dian line passing through the most easterly point of Hunter's Island, run south until it should meet the boundary line between the United States and Canada, and north until it should intersect the 51st parallel of latitude; and that the 51st parallel of latitude should be the conventional boundary of the Province on the north ; that until the true boundaries should be ascertained, all patents for lands in the disputed territory to the east and south of these conventional boundaries should be issued by the Govern- ment of Ontario ; and all patents for lands on the west or north of these conventional boundaries should be issued by the Dominion Government ; that when the true west and north boundaries of Ontario should be definitely adjusted, each of the respective Governments should confirm and ratify such patents as might be issued by the other for lands then ascertained not to be within the territory of the Government which granted them ; that each of the respective Governments should also account for the proceeds of such lands as the true boundaries, when determined, might shew to belong of right to the other ; that the Government of the Dominion should transfer to the Government of the Province all applications for lands lying to the east and south of the conventional boundaries, and also all deposits paid on the same ; that the Ontario Government should transfer to the Dominion Government all appUcations for lands lying to the west or north of the same boundaries, aad likewise all deposits paid thereon ; that such of the said applications as are bona fide and in proper form should be dealt with finally according to the priority of the original filing ; and that where applications for the same lands have been filed in the Departments of both Governments, the priority should be reckoned as if all had been filed in one and the same ofl&ce. ' The westerly provisional line thus agreed upon is in longitude, about 90°.
This arrangement continued in force until the award was made. Since the making of the award this Government has refrained from making any grants of land in the disputed territory. It is said that the Dominion has taken a different course, and has made grants, or promises of grants, on which parties have acted. This Government has repeatedly and courteously, but vainly, asked the Federal Government for informa- tion, and there seems no conceivable reason for not giving it, unless such grants or promises have been made, and there is a desire to keep back the facts as long as possible from the Government and people of this Province. The despatches from this Government requesting the information are mentioned hereinafter.
On the 12th of November, 1874, the Government of the Dominion, by Order in Council, consented to concur in a proposition theretofore made by the Government of Ontario, to determine the northerly and westerly boundaries of the Province by means of a reference to arbitrators. Information was from time to time given to Parliament by the Government of Canada, and to the Ontario Legislature by the Government of the Province, with respect to the progress of the arrangements for this reference. In May,
* Book of Arbitration Documents, p. 347.
21
45 Victoria. Sessional Papers (No. 23). A. 1882
1878, the Parliament of Canada granted $15,000 to defray the expenses of the Ontario Boundary Commission, meaning thereby the said reference.
From the year 1874 both Governments occupied themselves in making au exhaustive collection of all the documents, facts and evidence bearing upon the controversy, including all that had been relied on upon either side in past discussions. All were printed for the jjurposes of the arbitration, and in a form which facilitated to the greatest practicable degree the full and prompt examination of the questions at issue.* Cases also were prepared on both sides, containing a summary of the respective claims and the reasons therefor ; and these cases likewise were printed.
On the 31st July, 1878, formal Orders in Council t were passed embodying, and giving effect to, arrangements theretofore made in regard to the arbitration. By an Order of the Privy Council, approved by His Excellency the Governor-General on the said day, after reciting in effect, that under previous Orders in Council the subject of the northern and western boundaries of the Province of Ontario had been referred to the Hon. Wm. B. Richards, then Chief -Justice of Ontario, and named as referee on behalf of that Province ; that that gentleman having subsequently resigned as arbitrator, the Hon. R. A. Harrison, who had been appointed by His Excellency the Governor- General to suc- ceed him in the Chief Justiceship, was appointed by this Government as arbitrator in his place ; that Sir Francis Hincks had been named on behalf of the Dominion as another arbitrator ; and that subsequently to the action taken under Order in Council of 12th November, 1874, it had been mutually agreed between the two Governments of the Dominion and Ontario that the Right Honourable Sir Edward Thornton, Her Majesty's Ambassador at Washington, should be selected as third referee; such selection was by this Order of the .31st July, 1878, confirmed ; and it was declared that the deter- mination of the three referees should be final and conclusive upon the limits to be taken as and for each boundary respectively. An Order in Council of the same date, and to the same effect, was passed in this Province and approved of by His Honour the Lien- tenant-Governor of the Province.
Counsel for the two Governments having been heard by the arbitrators, the arbi- trators, on the 3rd August, 1878, delivered their award, J wherein they determined and decided what "are and shall be the northerly and westerly boundaries" of the Province.
The award so made negatived the claim of the Federal Government to confine our westerly boundarj- to the meridian of the junction of the Ohio and Mississippi, and our northerly boundary to the Height of Land already mentioned ; but the award con- fined the westerly and northerly parts of the Province to limits narrower than had theretofore been claimed for them, determining the same to be in effect as follows : Our westerly boundary was declared to extend to the most north-westerly angle of the Lake of the Woods; and our northerly boundary was declared to be a line therein described, and extending from a specified point on the southern shore of James" Bay to Albany Biver ; thence up the middle of Albany River and of the lakes thereon ; thence to
• .See Book of Arbitration Documents, pagen 1 to 4-H. l{cport of Boumlary Commiiuilon, .lour. House of Commonn, Cana.la, 1.SH0, pages T.i~ to 2(i2, 2!)1-.{01.
t. Sessional Papers. Le^^islature of Ont.trio, 1S79, No. 42.
* Report of Boundary Committee, House of Commons, 18H0, p. 4.S0.
22
45 Victoria. Sessional Papers (No. 23). A. 1882
English River ; and through the middle of the river to the point where the line would be intersected by a true meridian line drawn northerly from the most north-westerly angle of the Lake of the Woods. The most north-westerly angle of this lake is in Long. 95° 14' 38" W.
That the territory of Ontario on the west extended at -least as far as the award thus assigned to the Province, was demonstrated by a mass of evidence which there appears no danger of ever seeing overcome. The only point upon which there could be a reason- able doubt was, wb.ether our true boundary was not still further west ; and if so, how much farther west. The reason of the doubt may be shortly explained.
By the .\ct of 1774 (14 Geo. Ill, c. 83, and commonly called the Quebec Act), — as interpreted by its history and known objects, by the surrounding circumstances, by the Royal Commissions issued thereunder shortly afterwards, and by the contemporaneous ofiBcial and unofficial expositions of the Act, — the Province was to extend on the west to the banks of the Mississippi River "to its source."* Subsequently, viz., in 1783, the southerly part of this territory was ceded to the United States, that is, to a line through the middle of Lakes Ontario, Erie and Huron ; thence through Lake Superior, Long Lake, and the Lake of the Woods, to the " most north-western point thereof; and from thence on a due western course to the River Mississippi.! The arbitrators having given to On- tario a boundary no further west than " the most north-western point of the Lake of the Woods,' the boundary so given is clearly not beyond the true hmit. But the line was to go from that point "on a due western course to the River Mississippi." There is no river now called the Mississippi which this due western line would intersect ; but there are tributaries west of Manitoba which such a line would touch, the first of them being the White Earth River, the waters of which flow into the River Missouri, a branch of the Mississippi. The White Earth River, or some other stream falling into the Missouri, and thence into the Mississippi, might very well have been held to be the Mississippi referred to in the Act of 1774, in the treaty of 1783, and in the Royal Commission issued afterwards (22nd April, 1786) to Sir Guy Carleton as Governor- General. But, as between Great Britain and the United States, by the joint effect of the subsequent treaties of 1794, 1814, 1818 and 1842, J the source of the Mississippi was in effect taken to be, as between the United States and the British possessions, in Turtle Lake, at a point south of the most north-western point of the Lake of the Woods and in nearly the same longitude ; and it was agreed that the boundary (in that direction) between the United States and the British possessions should be a line drawn due south from this point to the 49th parallel of north latitude, and along that parallel to the Rocky Mountains. Manitoba, lying east of the White Earth River, was set apart by the Federal Parliament as a separate Province, without protest from the then Govern- ment or Legislature of Ontario. The arbitrators have confined the western boundary
■ of Ontario to the meridian of the north-western point of the Lake of the Woods; thus deciding in favour of a westerly line the least favourable to Ontario that on the facts and
■ evidence was possible.
»Book Arb. Doc. 3, 18, 27, 43-56, 135-140, 235-278, 299, 322, 323, 376, 384, 388-391, .402, 409-419, etc. tEook Arb. Doc. p. 19. t lb. 20, 21.
23
45 Victoria. Sessional Papers (No. 23). A. 1882
With respect to the northern side of the Province, the claim of Canada up to 1870 had been that, either our only limit north was " a few isolated posts on the shore of Hudson's Bay,'' or that " Canada has no particular limit in that direction,'' and extends to the Arctic Ocean.* But writers on the subject have always felt more or less difficulty in sa^-ing where exactly to the north of the Height of Land the true northerly boundary could be said to be, there being less that is definite to determine it than in the case of the western boundary up to the limit assigned to us there by the award. The question as to the northern boundary is of less consequence to either party than the question of the western boundary, the territory on the north being of considerably less value than the territory on the west ; and the Government of Ontario had, in 1872 (19th April), f intimated that they would consider any proposal which might be made by the Federal Government for the establishment of a conventional line to the north, provided that the latter would agree to its being somewhere north of the- watershed of the St. Lawrence system. In assigning to the Province the territory as far as James' Bay, the arbitrators followed the Act of 1791, the Order in Council and Proclamation of the same year, and several Royal Commissions ; and if the claim, made by Canada on our behalf and its own before 1870, and by Ontario for itself afterwards, to the whole region of Hudson's Bay, was too extensive, and if there is any ground for maintaining a less favourable limit to the Province on the east side of the northerly boundary than the arbitrators awarded, there is strong reason for maintaining. a much more favourable limit on the western side of the same boundary assigned to us — a limit which would include within Ontario a larger though less conveniently shaped area of territory on the north tlian has been assigned to us by the award.
Under all the circumstances, Ontario accepted the award, not because it assigned to the Province all that was claimed on its behalf, or all that the Province might within its strict legal rights have had awarded to it, but because the tribunal appointed jointly by the two Governments to decide the matter was one to whose competency and character no one could take exception; and because, according to the judgment of the people of Ontario, neither party to the arbitration could, consistently with good faith, refuse to abide by the decision.
A technical objection has been made to the award, by some of its Federal assailants, that, instead of finding "the true boundaries," the arbitrators had declared a "con- ventional or convenient boundary." Sir Francis Hincks, in a lecture on the Arbitration delivered by him by request on the 0th of May, 1881, showed how unfounded in fact this objection is : —
" The duty of the arbitrators was to find the true boundaries of Ontario, and they are charged with declaring ' a mere conventional or convenient boundary.' Now, for my present purpose, I shall refer merely to those pretensions which specially engaged the consideration of the arbitrators as affecting the south-western boundary. On the claim under the Proclamation of 1791, which the arbitrators held to be valid, notwith- standing the able arguments of counsel, of the Hon. Mr. Alills and others, including the Messrs. Dawson, one of whom, the Chairman of the Committee of 1880, fixed the
• Seg«ion»l Pap*ns Canada, 18.57, Vol. XV., No. 17.
+ Sessional PaiXTii, Ontario, 1873, No. 44, p. 18. Book Arb. UocumenU, p. 34.1.
24
45 Victoria. Sessional Papers (No. 23). A. 1882
boundary at the White Earth River, 450 miles west of the Lake of the Woods, they concurred in the judgment of the Quebec Court in 1818 that no territory could be awarded to Ontario that was not comprised in the old Province of Quebec as created by the Act of 177-1, modified by the Treaty of 1783 with the United States, and by subse- quent treaties. They entirely rejected the Dominion claim to a boundary on what is known as the due north line, and having no doubt whatever that the Mississippi River was the western boundary of the old Province of Quebec by the Act of 1774, and tliat by the Treaty of 1783 the south-western boundary must be either at the internationial boundary at the north-western angle of the Lake of the Woods, or still farther west, they decided in favour of that boundary which they were clearly of opinion Ontario was entitled to. On the north-east they were clearly of opinion that the Height of Land boundary could not be sustained, and that the true point of departure was the point on James' Bay due north from the head of Lake Temiscamingue.
" The sole ground for the charge that they adopted a conventional or convenient boundary is, that the line connecting the north-eastern and south-western boundaries was adopted for the sake of convenience. The arbitrators were guided in their decision' solely by Acts of Parliament, Proclamations authorized by Orders in Council on the- authority of Acts of Parliament, and international treaties. They found iu the Procla- mation of 1791, that after reaching James' Bay, the description proceeded thus: 'in- cluding all the territory westward and southward of the said line to the utmost extent of the country commonly called or known by the name of Canada.' If the critics of th& award believe such language susceptible of the construction that it lays down a precise spot on the north-west as a boundary, then their charge might have some foundation ; but the fact is that the language would have justified the arbitrators in extending the boundaries of Ontario very considerably. They were strongly urged by Col. Dennis, one of the permanent staff of the Department of the Interior, after their decision as to the south-westerly and north-easterly boundaries became known, to connect the two points by a natural boundary, and being aware of the fact that the Albany River had been formerly suggested by the Hudson's Bay Company as a satisfactory southern boundary, they adopted it. It is not a little singular that the award was promptly accepted by Ontario, although the only questions of doubt were decided in favour of the Dominion. Both on the west and north the doubts were whether Ontario should not have had more territory. . . .
" The objection made to the award of the arbitrators is, that they did not find the true boundaries, but adopted a convenient boundary. I need not repeat my refutation of this allegation ; but even on the assumption that it had any force, it would not ajjply to the western boundary, regarding which the arbitrators were clearly of opinion that the international boundary at the north-western angle of the Lake of the Woods was the true point of departure. The northern boundary, owing to the vagueness of the language employed in the Proclamation issued under the Act of 1791, is more open to doubt. . The western boundary is not only the most important, but the least open to doubt, as I think I have already clearly demonstrated. I will only add in conclusion that the arbitrators were of opinion that, having reference to all the facts of the case, the boundaries set forth in the award were supported to a larger extent than any other
25
45 Victoria. Sessional Papers (No. 23). A. 1882
line by these facts, and by the considerations and reasons which should and would guide and govern the determination of the questions by any competent legal or other tribunal."
In a desjiatch dated 31st December, 1878, from this Government to the Secretary of State for Canada, it was stated that during the approaching session of the Legis- lature a measure would be introduced "to give effect, by way of declaratory enactment •or otherwise, to the award made by the arbitrators to determine the northerly and westerly boundaries of the Province of Ontario ■/' * and His Honour, in the same despatch, also stated that he would be glad to learn that such legislation as might be necessaiy to give effect to the award would be had at Ottawa in the next session of the Parliament of Canada. By this despatch, the Government of Canada was respectfully reminded that the territory which was in dispute before the award was made extends on the westerly side of Ontario from a line drawn due north from the confluence of the Ohio and Mississippi, to (say) the Rocky Mountains, and extends on the northerly side from (say) the Height of Land to the most northerly limit of Canada ; that the award assigned part of this territory to the Dominion and part to Ontario ; that the administration of justice would continue to be surrounded with difficulties and uncertainties, especially in the matter of jurisdiction, until the award should be confirmed by express legislation at ■Ottawa and here ; that (he subject assumed unusual importance in view of the construc- tion of public works within the territory, and the consequent influx of an unsettled and migratory population ; that His Honour the Lieutenant-Governor would be glad to learn that such legislation as would be necessary to give effect to the award would be had at Ottawa at the next session of the Parliament of Canada ; and that the legislation should, it was respectfully submitted, be as nearly as possible simultaneous and identical. The despatch further stated that His Honour the Lieutenant-Governor would be glad to receive and consider any suggestions in connection with this object ; and also to receive, as soon as possible, the maps, field notes, eta, relative to so much of the territory assigned to Ontario as had been surveyed under the authority of the Dominion.
In a despatch dated 8th January, 1879, the Government of Canada acknowledged the receipt of tlie despatch last mentioned, and stated that the same would not fail to receive all due consideration. No intimation was given, in reply to His Honour's com- munication, that the Government of Canada would refuse to be bound by the award of the arbitrators, or would not submit to the Parliament of Canada a measure recognizing the same or giving effect thereto ; t nor did this Government receive the maps, field notes, etc., or any communication with respect to the request made therefor.
The Legislature of Ontario, by an Act of the Session of 1879,| consented that the boundaries of the Province, as determined by the said award, should be declared to be the northerly and westerly boundaries of the Province of Ontario.
By a further Act of the same Sessions the Legislature made provision for the admin- istration of justice in the northerly and westerly parts of Ontario. This Act was the subject of subsequent correspondence between the two Governments, hereinafter set forth.
• Ontftrto .Sensional Paiwre, 1879, Vol. XI., No. 80. tScsaional Papers, Ontario, 1879, Vol. XI., No. 80. 142 Vic., Chap. 2, Ontario. S/6.,Chap. 19.
2C
45 Victoria. Sessional Papers (No. 23). A. 1882
The Ontario Legislature was prorogued on the lltli March; the Federal Parliament remained in session untU the 15th May.
From the newspaper report of the proceedings of the House of Commons of 2nd May, 1879, it was found to have been stated in the House, on behalf of the Government of Canada, that the papers on the subject of the arbitration and award had been mislaid. No communication to this effect had been made to the Government of Ontario, nor any application for fresh copies; but in order that no time should he lost in introducing the legislation necessary to set at rest the question of the boundaries, this Government forwarded to the Secretary of State at Ottawa other copies of all the papers so stated to have been mislaid. Copies of such of them as were in print were forwarded also to every member of the Dominion Government personally.* A despatch was on the same day sent to the Secretary of State referring to these documents. No action, however, during the said Session was taken by the Government or Parliament of Canada with respect to the boundaries.
On the 23rd of September, 1879, a further despatch was addressed by this Govern- ment to the said Secretary of State,! calling the attention of the Government of Canada to the despatch of 31st December previous, respecting the legislation needed to put beyond dispute, in civil and criminal cases, any qiiestion as to the western and northern hmits of Ontario: pointing out that, an award having been made in pursuance of a reference by the two Governments, it was just that there should be no further delay in formally recognizing the award as having definitely settled the matters submitted to the arbitrators ; that the Government of Ontario did not doubt that the Government and Parhament of Canada would ultimately take the same view, but it was respectfully represented that the delay in announcing the acquiescence of the Dominion authorities, and in giving fuU effect other^vdse to the award, had been embarrassing and injurious.
The despatch stated some of the leading evidences of the right of the Province to the territory awarded, hut it was observed that "if it were less clear than it is, that the award does not give to Ontario more territory than the Province was entitled to, and if the reasons which justify the conclusions of the arbitrators wete far less strong and clear than they are, it is respectfully submitted that the award demands the active acquiescence and recognition of the parties to the reference. The question of boundaries was in controversy; it was referred by mutual consent to the distinguished gentlemen named ; they have made their award, and the fact is conclusive in regard to all questions on the subject."
The Government of Canada was reminded that the settlement of the controversy, as well as the explorations for railway and other purposes, had drawn public attention to the territory north and west of Lake Superior ; that settlement therein was proceeding ; that various enterprises were estabhshing themselves ; that speculation was hkely to be directed to this region; and that various causes were at work favourable to an influx of population, both of a settled and floating character ; that in view of these considerations, the Government of Ontario trusted that the Government of Canada would recognize the
♦ Sessional Papers, Ontario, 1880, No. 46. t Sessional Papers, Ontario, 18S0, No. 46.
27
45 Victoria. Sessional Papers (No. 23). A. 1882
propriety of announcing ■without further delay their intention to submit to Parliament, next Session, a Bill declaring the boundary established by the arbitrators to be the true northerly and westerly boundaries of Ontario, and to use the influence of the Govern- ment to have the measure accepted by both Houses, and assented to by His Excellency the Governor-General. The request contained in a former despatch was renewed, " that the Government of Canada would be pleased at once to forward to this Government the maps, field notes, etc., etc., relative to so much of the territory assigned to Ontario, as had been surveyed under the authority of the Dominion."
On the 25th September, 1879, the Under Secretary of State acknowledged the receipt of this despatch, and stated that the subject would be submitted to His Excellency the Governor- General.* But from that day to this no intimation has been com- municated to this Government that the subject had been submitted to His Excellency as then intended, or what the result was of its being submitted; nor has any answer whatever been made to any of the statements of the despatch. The maps, field notes, etc., again asked for, were not sent; nor was any explanation given or reason suggested for not sending them.
On the 14th February, 1880, f the Under Secretary of State for Canada, transmitted to this Government a copy of an Order of His Excellency the Governor-General in Council, 12th February, 1880, on the subject of the Act passed by the Legislature of this Province, at its previous Session, providing for the administration of justice in the northerly and westerly parts of the Province. The Council concurred in an opinion which had been reported by the Minister of Justice, that the Act seemed " to encroach upon the powers of the Dominion Government with respect to the appointment of Judges," and to go " far beyond any previous Act of a similar character, and should be disallowed, unless repealed within the time for disallowance." On the 17th February, a copy of the report of the Minister of Justice, on which the said Order in Council had proceeded, was transmitted to this Government.
Five days after this Order in Council, viz., on the 19th of February, 1880,J & strongly hostile Committee was appointed by the House of Commons, with the approval of the Federal Government, for the professed object of " enquiring into and reporting to the House upon ail matters connected with the boundaries between the Province of Ontario, and the unorganized territories of the Dominion, with power to send for persons and papers. "§ The Committee made a report to the House on the 6th May following. The evidence taken by the Committee consisted chiefly of the documents, papers and proofs which had been before the arbitrators, with a few further documents of no substantial value as additional evidence, and a mass of ex parte statements not under oath, most of which would bo inadmissible before any court of justice, and all would be treated as immaterial if admitted. It may be observed here that Mr. Justice Armour, who, before his elevation to the Bench had been Counsel for the Dominion in the matter of the Boundary, was questioned by the Committee as to his personal view
• Sessional Papers, Ontario, 1880, No. 46.
+ Sessional I'ai>eni, OnUrio, 1881, No. .'tO, p. !).
t.Jimni.il, Himsc of Commons, 1880, p. Sii ; Debates, pp. 59, 76, 80, 101. 1880.
IJoumals, House of Commons, Apjiendix, 18S0, No. 1.
28
45 Victoria. Sessional Papers (No. 23). A. 1882
regarding the boundary established by the Act of 1774, and gave his opinion against the westerly line now contended for by the Dominion.* The Committee, by a party vote, expressed the opinion that the award did not describe the true boundaries of Ontario, and that it included within this Province ten'itory to which the Committee asserted that the Province was not entitled.* The Governments of Canada, up to 1870, had thought, and, so far as known, invariably asserted, otherwise.
This Government took no part, directly or indirectly, in the proceedings before this Committee, nor v/ere they invited to do so.
Meanwhile, on the 8rd March, 1880, the Legislative Assembly of this Province, by a majority of sixty-four to one, passed resolutions, in part to the following effect:
" That this House regrets that, notwithstanding the joint and coucun-ent action of the respective Governments in the premises, aud the unanimous award of the arbitrators, the Government of Canada has hitherto failed to recognize the validity of the said award, and that no legislation has been submitted to Parliament by the Government of Canada, for the purpose of confirming the said award."
" That, nevertheless, it is, in the opinion of this House, the duty of the Government •of Ontario to take such steps as may be necessary to provide for the due administration of justice in the northerly and westerly parts of Ontario, and that this House believes it to be of the highest importance to the interests of this Province, and to the securing of the peace, order and good government of the said northerly and westerly parts of Ontario, that the rights of this Province, as determined and declared by the award of the arbitrators appointed by the concurrent agreement and action of the Governments of Canada and Ontario, should be firmly maintained."
" That this House will at all times give its cordial support to the assertion by the Government of Ontario of the just claims aud rights of this Province, and to all necessary or proper measures to vindicate such just claims and rights, and to sustain the award of the arbitrators, by which the northerly and westerly boundaries of this Province have been determined."
The Session of the Ontario Legislature being then near its close, and the proceedings of the Federal Government affording reason to apprehend that the Pro- vincial Act of the previous session making provision for the administration of justice in the northerly and westerly parts of Ontario might be disallowed, it was necessary that such provision should be made for the administration of justice in the remote territories of the Province as, under the circumstances, might be practicable — the same to take effect in the event of the former Act being disallowed. Accordingly, the Legislature passed a new Act I (5th March, 1880), entitled " An Act respecting the Administration of Justice in the Districts of Algoma, Thunder Bay and Nipissing." By this Act two additional stipendiary magistrates, appointed under the former Act for the Districts of Thunder Bay aud Nipissing, were con- tinued; their jurisdiction, as regards subject matter and amount, was confined to the limits provided for by the law which was in force in Upper Canada before Confeaeration ;
♦ Report of the Boundary CommissioD, House of Commons, Canada, 1880, p. 140. t Journal of the Leijislative Assembly of Ontario, 1830, pp. 131, 141, 165. 43 Vic, c. 12, Ont.
29
45 Victoria. Sessioncal Papers (No. 23). A. 1882
and, to guard against any pretext for the disallowance of the Act, the Act avoided any disputable reference to the extent of the territory within which the Act was to operate, leaving that question to be determined as might be by the Law and the Eight. This Act has not been disallowed.
With reference to the former Act on the same subject, which the Dominion Govern- ment had intimated an intention to disallow, the undersigned, on the 14th March, 1880,. had the honour to submit a report,* which was approved of by Your Honour in Couucil on that day- In this report the undersigned took occasion to observe that it was a matter of profound disappointment that, after the exhaustive investigation which the question of our northerly and westerly boundaries had received, and the unanimous de- cision, eighteen months before, by the distinguished and able gentlemen selected as arbitrators, the Government of the Dominion was not yet prepared to abide by the award, or to recognize the just rights of the Province which the award established.
The report further shewed, that the Act which that Government proposed to dis- allow was not objectionable on any of the grounds urged against it ; and that the dis- allowance was not necessary, and would not, imder all the circumstances, be a proper exercise of Dominion authority. The report stated, that the despatch had been received when the recent Session of the Legislature was far advanced ; that it appeared necessary, therefore, to provide at once for the contingency of the disallowance, it being assumed that the Dominion Government, in common with the Province, felt and would recognize the propriety of some provision being made for the administration of justice in the still disputed territory, instead of its being left to utter lawlessness and anarchy ; that a new Act had accordingly been passed, which was not to go into effect unless and until the former Act should be disallowed; that the new Act confined the jurisdiction of the stipendiary magistrates, as regards subject matter and amount, to the limits provided for by the law in force before Confederation (the extension of their jurisdiction in the.se respects having been one of the objections made to the former Act), and that the new Act had avoided any disputable reference to the extent of the territory within which the Act was to operate, leaving that question to be determined as might be by the Law and the Right. The report contained the following further observations: — •
"As the territory in dispute is included in the territory which the Province of Canada, before Confederation, claimed as part of Canada, and thei-efore of Canada West, or Upper Canada ; and in the territory to which the Dominion, through its ministers, after Confederation, and until the purchase from the Hudson's Bay Company, made the same claim, and on the same grounds ; and which territoiy the Province of Ontario continued afterwards to claim ; and as the territory still it seems in dispute was, eighteen months ago, solemnly awarded to the Province as its rightful property, by the unanimous decision of three arbitrators of the highest character and competency, who had been mutually chosen by tlie two Governments, it is obvious that the prima facie right to the territory, if not (as we insist) the certain and absolute right, is, and must be taken to be, in Ontario ; and it is tlie consequent obvious duty of the Province to make such reason- able provision as may be practicable for the administration of justice among the popula-
« Seuion&l Paper*, OnUrio, 188t, No. 30, p. II.
30
45 Victoria. Sessional Papers (No. 23). A. 1882
tion of the territory. The dispute or delay on the part of the Dominion with respect to the award causes uncertainty and its daily increasing and grave evils in connection with the administration of justico ; and if the dispute or delay is to continue, the undersigned is respectfully of opinion that the evils referred to, which all must, regret, will he inten- sified by the disallowance of the provisional legislation, and that their removal, or partial removal, calls rather for provisional legislation by the Dominion (without prejudice to the matter in dispute), expressly giving to the laws of Ontario, and its ofiBcers, autho- rity in the territory, pending the dispute by the Dominion, or pending the settlement and recognition of the true boundaries."*
A copy of the report, and of the Order in Council concurring therein, was trans- mitted by Your Honour to the Secretary of State at Ottawa, on the 15th March, 1880.
+ On the 17th of the same month, the Federal Minister of Justice made his further report, admitting, in view of the observations of the undersigned, that part of the former Act was not open to the objections which the Minister had previously urged against it, but affirming that the objections to other portions, which referred to the stipendiary magistrates and to the Courts presided over by them, still remained, and he advised the disallowance of the Act. The Minister, in this report, observed that it was unnecessary to reply to the arguments adduced by the imdersigued with respect to the boundaries of Ontario, as any discussion of this kind would, he observed, seem to be inopportune. The Government of Canada has not hitherto found any occasion when such a discussion with this Government did not seem to be inopportune. On the 22nd March, 1880, the Act in question was disallowed.
On the 19th of April, 1880, the Committee of the House of Commons not having yet made any report, an Order was passed by His Excellency the Governor-General in Council,}: under the authority of the Act of the Dominion Parliament 39 Vic, c. 21, by which Order it was declared, that a certain building in or near Eat Portage was in the District of Keewatin, and the Order purported to establish and declare this building to be a com- mon gaol for the District of Keewatin, and authorized and empowered the Commissioner of Police for the District of Keewatin to appoint a gaoler, or keeper, of the gaol, and such other officials for the purposes thereof as might be thought necessary. This build- ing is within the territory awarded to this Province. The Government of the Dominion, however, by the Order in CouncU referred to, chose to assume that the territory in ques- tion was not within Ontario, and provided for the administration in the said territory of other laws — namely, the laws of the District of Keewatin. No communication of this Order in Council was made to this Government.
On the 28th May, 1880, an Order in Council, approved by His Honour the Lieu- tenant-Governor, was passed, providing that that part of the territorial district of Thunder Bay west of the meridian of the most easterly point of Hunter's Island, for- merly known as the provisional boundary line, should be divided into two Division Court divisions, therein described ; the object of the said order being, that one Division Court should be held at Eat Portage, and the other at Fort Francis, in the territory in
♦ Sessional Papers, Ontario, 1881, No. 30, p. 10. t Sessional Papers, Ontario, 1881, No. 30, p. 15. t Prefixed to the Dominion Statutes, 1880, p. 82.
31
45 Victoria. Sessional Papers (No. 23). A. 1882
question. The population of Eat Portage is said to number about 700, about half of that number being residents of the locality. The establishment of a Court there by this Province had been applied for by the inhabitants.
During the Session of the Federal Parliament, in 1880, the undersigned endeavoured to induce the Dominion Government to concur in some steps for the due administration of justice in the disputed territory; and, as that Government was not yet prepared to concede our right to the territory, the undersigned transmitted to the Minister of Justice, the draft of a Bill, embodying certain provisions, which it seemed necessary or desirable that the Pai-liament of Canada should pass, for the government of the territory in the mean- time. In these endeavours the undersigned was only partially successful. Thus in a communication addi-essed 23rd April, 1880,* to the Minister of Justice, the undersigned pointed out that the Supreme Court had decided that the Parliament of the Dominion had power to pass a prohibitory liquor law ; that it was of special importance that no intoxicating liquors should be sold along the line of the Paciiic Eailway; that the claim of the Federal Government to the territory up to the meridian of the confluence of the Ohio and j\Iississippi, implied a claim that the Keewatin law as to intojcicants extends to that meridian ; but as, by the decision of the Supreme Court, the Federal Parliament had power to make that law (or a similar law) apphcable whether the claim of the Dominion to the territory was well founded or not, the undersigned suggested an enact- ment declaring in express terms that the Act, or such modification of it as the Minister might prefer, should have effect whether the territory was within Ontario or Keewatin." The communication proceeded as follows : — "If you do not consider it advisable that a prohibitory law should be in force so far east, then, to avoid clashing, I suggest that Parliament confer on the License Commissioners of Ontario for Thunder Bay the right jo issue licenses in so much of the disputed ten-itory as is not to be covered by the prohibition."
" In regard to civil matters, to assume or declare that the Keewatin law as to civic procedm-e shall be in force in any part of the jdisputed territory would put it in the power of any suitor to raise the boundary question ; as, if our claim of boundary is correct, such an enactment would be ultra vires. I think, therefore, that for the determination of Civil rights, you will find it the convenient and indeed only practicable course, to con- firm, in reference to the disputed territory, the jurisdiction of our stipendiary magistrate,! and to provide that matters beypnd his jurisdiction shall be determined in the District Court of Algoma, where the cause of action is within the jurisdiction of that Court.J Where the matter is beyond the jurisdiction of the District Court of Algoma, authority to try in any Superior Court of Ontario, and in any county, should be gfiven."
None of these suggestions were acted upon ; nor was any communication made to the undersigned or to the Government of Ontario with respect to them. An Act was passed by the Federal Parliament i7th May, 1880), j making some provision with respect to the administration of justice in criminal cases in the disputed territory, but making
• Sessional Pkpera, OnUrin, 1881, No. 30, p. 17.
+ .See 4:* Vic, c»p. 12, »cc. 3.
J/6., «ec. .S.
Ji i'i Vic, ch. M, Uoiu. , p. 'J-U.
32
45 Victoria. Sessional Papers (No. 23). A. 1882
110 provision in regard to civil matters, or to the other important subjects mentioned; nor has any provision in respect of them been made since ; nor has any proposition been made to this Government for concurrent or other legislation of any kind, with a view to meeting any of the necessities of the case.
In Your Honour's Speech at the opening of the Session of the Provincial Legislature on the 13th January, 1881,* Your Honour was pleased to observe, that it was much to be regretted that the Dominion Government had taken no step to obtain, and had hitherto shewn no intention of seeking to obtain, from the ParUament of Canada, legislation confirming the award, though made two years before by three most distinguished -arbitrators chosen by the two Governments, and who had before them all the evidence obtainable from the most diligent researches both in America and Europe, or brought to light during the many discussions bearing on the subject which had taken place during the last century. Your Honour was pleased further to say, that the result of the inaction of the Dominion Government in this respect was to defer the settlement and organiza- tion of a large extent of country ; to deprive the inhabitants of that district of those safeguards of peace and order which they, in common with all others, are entitled to enjoy, and to withhold from the people of Ontario the benefits which the possession of that territory would afford.
The House of Assembly, in their Address in answer to Your Honour's Speech, expressed their concurrence in what had thus been said by Your Honour.
On the Ist February, 1881, the undersigned addressed to the Minister of Justice a communication expressing his hope that the then Session of the Dominion Parha- ment would not be allowed to come to an end without the necessary Act being passed adopting and coufirming the boundary award ; that if in this we were again to be disapi^ointed, some additional legislation was absolutely required to mitigate the serious evils consequent upon the unhappy position in which the territory in question was placed ; that no Magistrate or Justice of the Peace acting in the disputed territory could feel any assurance that his jurisdiction would not be disputed, and his officers set at defiance or sued in trespass ; that the doubts which the inhabitants must have as to their position, in view of the delay of the Dominion ParUament to confirm the award, necessarily paralyzed the administration of justice in the territory ; that the Dominion Act of the previous Session (43 Vic, cap, 36) did not declare what law should govern in the case of civil rights, and made no provision as to the trial of civil matters ; nor did it set at rest the very important question as to whether the License Law of Ontario, or the Prohibitory Law of Keewatin, governs in this territory ; that in the letter of the undersigned of the 23rd April previous, he had suggested that Parhament should be requested to make some provision in respect of these matters ; that he had also sug- gested that authority should be given aUke to the Justices of the Peace of Keewatm and of Thunder Bay and Algoma to act in any part of the disputed territory ; and that the jurisdiction of the District Court of the District of Algoma, and of the Divisional Courts estabhshed for Thunder Bay, and of the Judges and officers of such Courts, including the Sheriff of Thunder Bay, should have authority and jurisdiction within this
♦ Journal! Legislative Asuembly, Ontario, 1881, pp. 2—9.
33
45 Victoria. Sessional Papers (No. 23). A. 1882
territory ; that the Draft Bill which the undersigned had submitted during the prcMOUs Session, under the hope that the Minister would introduce it into Parliament, dealt with these matters ; that they seemed to the undersigned far more important for the due administration of justice than those provisions of the Draft Bill which the Act, as passed, had included ; that, in fact, the provisions of the Act, as passed, to be operative to any great extent, required the aid of some of the omitted provisions ; that the undersigned did not see what valid objection could be urged against the introduction of the omitted provisions ; that the fact of reciprocal rights being given to the oificers of KeewatLu and of Ontario would clearly shew that the Parliament of Canada were not by this legislation admitting the right of Ontario ; and that, on account of the omission of the jirovision (which the undersigned had suggested) giving to the Sheriff of Thunder Bay authority in this territory, it had been found necessary at very heavy expense to bring the prisoner Horn, who was accused of murder, down to Sault Ste. Marie for trial. The undersigned reminded the Minister of Justice that the Act of the previous Session would expire upon the rising of Parliament.
The undersigned expressed his trust also, that authority would be given to the Ontario Government to deal with the land and timber in the disputed territory, subject to our accounting therefor in case our right to the territory should not be maintained. He pointed out that, though the Parliament of Canada had not yet recognized the award, yet the award certainly gave to Ontario meantime such a pritna facie interest as made it most reasonable that the Province should have the necessary means of giving titles to settlers within the territory, so long as what might be deemed the possible rights of the Dominion were duly protected.
The ]\Iiuister of Justice replied on the 7th February, 1881, acknowledging the receipt of the communication and accompanying papers, and stating that the same would receive his best consideration. But no further communication whatever was made to the undersigned, or to the Provincial Government, on the subjects referred to, and nothing was done to remove or alleviate any of the clamdut evils which the under- signed had pointed out. Nor did the Federal Government submit to Parliament during this Session any measure recognizing or giving effect to the award.
On the 8rd March, 1881, tjie Legislative Assembly of the Province passed resolu- tions, by a majority of 75 to 1,* declaring (amongst other things) as follows: —
" That this House deeply regrets that, notwithstanding the unanimous award made on the 3rd August, 1878, by the lu-bitrators appointed by the joint and concurrent action of the Government of Canada and the Government of Ontario to determine the northerly and westerly boundaries of Ontario, no legislation had been submitted by the Govern- ment of Canada to the Dominion Parliament for the purpose of confirming that award ; nor has the validity of the award yet been recognized by the Government of Canada.
" That the omission of the Govei-nment and Parliament of Canada to confirm the award is attended with grave inconvenience, has the effect of retarding settlement and municipal organization, embarrasses the administration of the laws, and interferes with
* Journals Le)(i'ilative Aiuembly, Ontario, ISIJl, p. 150.
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45 Victoria. Sessional Papers (No. 23). A. 1882
the preservation of the peace, the maintenance of order, and the establishment of good government iu the northerly and north-westerly parts of the Frovince of Ontario.
" That it is the duty of the Government of Ontario to assert and maintain the just claims and rights of the Province of Ontario, as determined by the award of the arbi- trators ; and this House hereby re-affirms its determination to give its cordial support to the Government of Ontario in any steps it may be necessary to take to sustain the award, and to assert and maintain the just claims and rights of the Province as thereby declared and determined."
On the 4th March, 1881, the Provincial Legislature was prorogiied ; and imme- diately afterwards, viz., on the 7th March, a Bill was introduced into the Senate by the Federal Government providing for the extension of the boundaries of Manitoba in a way which further complicated the difficulties connected with the administration of justice in the territory, and with the settlement of its lands, and the development of its resom-ces. This Bill was put through its several stages in great haste, and was passed (by the Senate) on the 11th March.*
Meanwhile, the stipendiary magistrate of this Province appointed to the said territory reported, 23rd February, 1881 (received at Toronto 5th March), that the explorers and miners on the Lake of the Woods were thrown into a state of despondency from the apprehension that the boimdary question would not be settled at this Session of Parliament. The communication proceeded to state further, as follows : —
"You can have but little conception of the difficulties and disappointment those people have met with here. They have expended all their money in exploring and in surveys, expecting an early retnrn for their investment and toil, which they felt sure they would if the boundary question was settled, so that deeds could be procured for their locations. Witluut a title nothing can be done with mining capitalists, who require to have an undisputed title to the lands in which they risk their money.
" The delay of another year in settling the question of the boundary will ruin many, and they will be driven from the locality never to return, causing loss to the merchants and others who have made advances with a fair prospect of an early return. The people of the locality are suffering in many ways from the imsettled condition of affairs. There is no civil court to collect debts, no land agent to locate settlers, no registry office to record deeds, no timber agent to protect the forest. There are timber locations to be had, but there is no security for the expense of exploring and surveying them. All is uncertainty and confusion. The mineral lands vrill be so mixed up before long, that the men who own locations will not he able to recognize their own property. Some places have beeo surveyed several times, and the surveys cover each other, and there is no doubt but there will be fighting and perhaps murder over those claims. Some persons are armed now to defend their rights against wealthier claimants.
" The water privileges here are of great value. There are several places near this place where the water can be let out of the Lake of the Woods with but Uttle expense, and a fall of from sixteen to eighteen feet secured without any expense for a dam. There is scarcely any limit to the propelling power to be had here, and immediately on
* Journala of S«nate of Canada, pp. 195, 212, 316.
35
45 Victoria. Sessional Papers (No. 'IS). A. 1882
the line of the Canadian Pacific Railway. Trains can be run to the mill door without leaving the right of way. The privileges are being claimed and applied for by persons, for speculation, who have nothing ; and the same confusion is likely to arise here that has taken place in the mines. If unworthy persons get those valuable privileges who will do nothing with them themselves, and will only sell at exorbitant prices to those who wish to use them, it will be a great injury to the milling prospects here. They should be sold by the Government to persons who would erect mills within a specified time. The wheat crop of the great North- West can be ground at this point in transit to an eastern market, and Rat Portage would soon become a second Minneapolis. Its natural advantages are superior.
" The whiskey sellers are plying their illicit calling with great success, much to the injury of the district."
A copy of the material parts of this important communication was transmitted to the Dominion Government by the Provincial Secretary on the 8th March, 1881, but nothing was done to remove the evils to which the communication called attention, nor has any reference thereto been since made by that Government.
As soon as a copy of the Manitoba Bill had been received. Your Honour, by the advice of your Council, addressed a despatch to the Dominion Government stating, that this Government had had their attention called to the Bill ; that its terms, so fur as regarded the easterly limit of Manitoba, were regarded by this Government with the greatest concern, and wore considered as in the highest degree objectionable ; that, so far as the territory to be comprised within the limits of the Province of Manitoba was indisputably within the jurisdiction of the Parliament of Canada, your Government rejoiced at the extension of that Province, as affording a wider scope for the energies of its people and Government, and as giving to a large number of settlers in Keewatin and the North-West Territories the direct benefits of Provincial and Municipal govern- ment. Your Honour proceeded to observe as follows : — "But, while the extension of the boundaries in directions as to wliich there is no dispute is a matter of congratulation, the terms in which the new eastern boundary of the Province is described in the Bill appear to my Government to call for an earnest and vigorous protest on behalf of the Province of Ontario.
" According to the provisions of the Bill, the eastern boundary of Manitoba is to be the western boundary of the Province of Ontario, wherever that boundary may here- after be determined to be, thougli a very large part of our territory in that direction is still in dispute on the part of the Government at Ottawa, notwithstanding that more than two years ago it was found and declared to be ours by the unanimous award of the tliree distinguished gentlemen mutually chosen to determine the question.
" My Government desire to call the attention of the Government of the Dominion once more — (1) to the great and obvious injury occasioned to the interests of Ontario by the refusal or delay of the Dominion Government to recognize and confirm that award ; (2) to the inconvenience and embarrassment, in an administrative sense, incidental to the delay; and (3) to the fact that whilst the Government of the Dominion have failed to procure or propose the legislation necessary to the confirmation of tlie award, and have treated the rights of Ontario to the boundaries determined by the arbitrators as
36
45 Victoria. Sessional Papers (No. 23). A. 1882
being still open to question, they have not been pleased up to this moment to enter into any discussion of the subject with this Government, or even to make any official com- munication of the grounds on which a recognition of the award by which the matter in question was intended and supposed to be settled has been declined or delayed ; and that the only answer which has been hitherto given to the repeated representations made on this subject has been that the communications would receive consideration.
" Under these circumstances, my Government can only regard this new step, of intruding a third party into the existing controversy, as an act of direct antagonism and hostility to the interests and rights of the Province of Ontario.
"Hitherto the assent of the Dominion of Canada to a settlement of the question has been necessary for that purpose, and would be sufficient. The Dominion has no constitutional interest in withholding that assent, and the people of Ontario have a voice in its councils. But, by the measure which has received its first reading in the House of Commons, it is proposed to give to another Province a new, direct, and strong interest adverse to that of the Province of Ontario, and to invite Manitoba, as a con- tiguous Province, with a growing and active pojiulation, to claim jurisdiction over every portion of the territory to which the Dominion of Canada has thought fit to question the right of Ontario.
" The proposed measure would also make the consent of the Province of Manitoba, as well as of the Government at Ottawa, to be hereafter essential to any settlement, or even to any step towards a settlement, of the existing controversy ; and would place that Province in such a position with reference to the territory as may make almost, if not quite, impossible an amicable settlement of the question, or any settlement founded on the ground of the just obligation which an award made in good faith imposes on Nations, Dominions, or Provinces which, through their representatives, were parties to the arbi- tration.
" Serious and most vexatious difficulties cannot fail to arise from the conflicting interpretation of their rights in the premises by either of the three authorities claiming jurisdiction within an extended area of territory where it is of the utmost importance to peace and good order that the power of the law should be paramoimt and beyond question. In this view it has been repeatedly, and hitherto vainly, urged that if our right to the territory is not acknowledged, a provisional arrangement should be made with the sanction of Parliament in regard to the Law which is to regulate the rights and obligations of the inhabitants with respect to civil rights and property, and kindred matters, until the question in dispute shoidd be settled. In short, my Government look upon the proposed measure as calculated to aggravate all existing difficulties, and to prove most prejudicial to the harmony and accord which should prevail between the Provinces of the Dominion.
" Under all the circumstances, my Government desire respectfully to urge that, in fair dealing with the Province which they represent, the measure in progress should define the easterly boundary of the Province of Manitoba so as not for the present to extend in an easterly direction beyond the boundary of Ontario as determined by the arbitrators, leaving the further extension of Manitoba eastward to be provided for by
37
45 Victoria. Sessional Papers (No. 23). A. 1882
future legislation, should any competent authority decide that Ontario is entitled to less territory than by award is declared to belong to this Province."
Your Honour further stated that, " The resolutions of the Legislative Assembly, passed by them in the Session of 1880, and the resolutions passed in the Stssiou which has just terminated, and which received the unanimous support, with an individual exception, of the whole House, were sufficient to shew that if the measure should be passed in its present form, it would be deemed by almost the whole people of Ontario as a violation of the rights of the Province, and as an act of gross injustice towards it.
" This Government trusted that, in view of the representations made, the Govern- ment of Canada might even yet see fit so to modify the measure then before Parliament as to deprive it of its objectionable features, while still conceding all necessary advan- tages to the Province of Manitoba, in whose rapid progress and development" your Honour's despatch justly stated that "this Province, as a portion of the Dominion, felt profound satisfaction."
The receipt of this despatch was acknowledged on the 16th of March, 1881, but no answer was given to any of its statements or a^jpeals, and no change was made in the Bill.
The transfer to Manitoba of the disputed territory was not contemplated by the first Act passed by the Manitoba Legislature (-40 Vie, cap. 2, sec. 1 ; Kevised Statutes of Manitoba, cap. 2, sec. 2), consenting to an extension of the boundaries of that Province by the Dominion Parliament, the extension thereby agreed to not including any part of the disputed territory. But, this (it is presumed) not suiting the policy of the Federal Government, a special Session of the Manitoba Legislature was convened, and a new Act obtained (4th of March, 1881), consenting that the new limits should include the whole of the dispiited territory. Two reasons were suggested for accepting the territory, but having reference to the whole Act it is apparent that neither of these reasons could have much real weight with the people of Manitoba. They are stated in a resolution passed by the Manitoba Assembly in this Session :*'■ —
" Eesolved, That it is desirable that the boundaries of the Province should be ex- tended eastwards, to correspond with the line marked as the west boundary of Ontario, near the eighty- ninth meridian of west longitude ; that the requirements of the prairie portions of the Province could be supplied with the timber of the eastern portion ; be- sides which, a port on Lake Superior would thereby be secured to the Province."
Under the Bill as introduced, and afterwards passed, the Crown Lands and Timber v?ere not to belong to the Province of Manitoba. As the Premier explained: "By extending the boundaries of Manitoba., (the Bill) does not affect the proprietorship of the land. The land iu the extended boundary belongs to the Dominion still. We cannot afford to give [the territory] to Ontario, if it belongs to the Dominion, because the lauds would belong to Ontario. Keeping it as a portion of Manitoba, the lands belong to the Dominion." t This being so, it is manifest that " the requirements of the prairie portions of the Province'' would be supplied with the timber equally well whether the j urisdiction over the territory should belong to one Government or the other.
* Quoted in Debates of the House of Commons, 1S81, p. 1460. t Debates of the House of Cunimons, 1881, p. 1450, 145(>.
38
45 Victoria. Sessional Papers (No. 23). A. 1882
As for "a port ou Lake Superior," all the ports of the Dommion, in wbatever Province situate, are open to the peop'e of all the Proviaces equally; the people of the Province in -whicli such ports aie situated having no advuutage over others. It is also to be observed that Manitoba c-v'd C'n'y have a port on Lake Superior by annexing the territory east and south of the Height of Land, which was never claimed by the Hudson's Bay Company, and was until afler Confederation an acknowledged part of Upper Canada.
That Manitoba could not have desired, and did not desire, the extension of its territory on the easterly side of that PL-oviuce so as to include what was in dispute, is sufficiently apparent from what has been already said; and there are other facts which shew the same thing. Manitoba is a comparatively new Pioviuce, having by the census of the present year a population of less than 50,000. Before the Act it had an area of 13,969 square miles. The Act gave addliioaal undisputed territory to the extent of 4ibout 91,000 square miles. This enormous addition was all that for the present that Province could possibly need. Tbe further addition of about 39,000 .square miles of disputed territory, the land and timber of which the Federal authorities reserved to the Dominion, was a mere burden, and was no pecuniary or financial benefit to Manitoba. The whole annual revenue of that Province at this time did not much exceed $100,000; and its necessarv annual expeudilu'e was such as to leave no margin for its new territory. On the other hand, Ontario had (its opponents must admit) at least a strong prima facie claioi to (he territoiy. Up to 1870 (as has already been shewn) the Dominion Government itself had insisted on the claim as being clear ; and subsequently it had been awarded to us by a compr'tont and impartial tribunal With respect to the organized part of the territory, the right of Ontario is so strong that (as the undersigned has already stated) the counsel of the Federal Government, Mr. Ramsay, had, in his official report to that Government, pointed out that, though accordmg to his argument the legal view was against us, yet equity and fairness required that Ontario should have the territory " to the Height of Land which forms the watershed of the water system of the St. Lawrence and the Great Lakes;" that "in creating the Province of Ontario, it is not possible to conceive that the Imperial Legislature intended to convey to that Province, and to the Province of Quebec, less territory than the late Province of Canada actually enjoyed ; and that it was incontestable that up to 1867 the Government of Canada de facto extended to the Height of Land which forms the water- shed of the water system of the St. Law^ ence and the Great Lakes." The undersigned has also shewn that up to 1867 this part of the now disputed territory had been invari- ably dealt with as being an undispu^^ed part of Upper Canada, and that since Confedera- tion it has been dealt with as part of Ontario. If it formed no part of the Province of Upper Canada, or of Ontario, as is now contended, it follows that no man in it has any title to the land which he occupies ; that all the acts of the Courts and officers heretofore exercising jurisdiction have been illegal ; and that all concerned in them are liable to actions for damages ; as the Federal Ministers proclaimed in the debate on the Manitoba Bill. If this part of the territory is really in point of law not in Ontario, •or if the question is doubtful, the just method of dealing with the subject was for the
39
45 Victoria. Sessional Papers (No. 23). A. 1882
Federal Parliament to confirm the title of Ontario to this portion, whatever became of the rest, of the disputed territory, and to confirm all grants and governmental acts ■which want of title would or might otherwise invalidate, to the great injury of the population. But so far from this being done, the people of the locality were almost invited to resist the laws and Courts to which they had always lived in peaceable sub- jection. " The people of Prince Arthur's Landing," said the First Minister, " may resist the processes of law ; they may say to the SheriS" he is committing an illegality. A man may say to another who brings a suit against him, ' This is the process of an Ontario Court, and Ontario laws do not extend here, because we are not part of that Province.' The same thing might happen with regard to every process of law and every title, whether the boundary is settled or not."
As to the remainder of the disputed territory, this Province had, before the passing of the Manitoba Act, assumed the duty obligatory on its Legislature and Government, of administering justice and maintaining order in this part of the Province. If the- territory is in Ontario, as the arbitrators declared it to be, and as our people justly believe that it is, and if the Province were not to establish Courts and appoint magistrates and other officers in it, the territory would practically be without law or lawful authority, and peace and order therein would depend on illegal force.
It appears from the Journals of the Canada Rouse of Commons, that during the debate on the Bill resolutions were moved in vain to the effect, that in the meantime the eastern boundary of Manitoba should not include the disputed territory ; and that at all events the Act should "provide some definite eastern limit, beyond which Manitoba shall not be deemed to extend, pending the settlement of the western boundary of Ontario." A party majority defeated these motions, and the Act, with its objec- tionable provisions unchanged, was passed by the House of Commons on the 21st March, 1881.*
It was the duty of the Federal authorities to protect the just rights of all its Provinces ; to render unnecessary interprovincial conflicts for the maintenance of such rights ; to employ the constitutional powers of the Dominion Parliament and Government respectively in minimising the evils of a disputed boundary jiending the dispute ; and to take steps for determining such evils at the earliest possible date. Unhappily, the pre8<;nt Federal authorities have not chosen to discharge these manifest duties ; and by this Act, two sets of Provincial laws were to distract settlers in both the organized and the unorgan- ized parts of the territory ; two sets of Provincial Courts and officers were to be set in array against one another everywhere ; it was to be impossible for anybody to obtain a siire title to any land or timber in the territory ; squatters and trespassers were to be the ■ only settlers ; and legitimate authority was only to be maintained by a conflict between the people of two friendly Provinces and of the disputed territorj-, in which conflict Manitoba was, as against Ontario, to have the countenance and aid of the Federal authorities, with their contractors and armies of workmen. The former armed contests of trading companies for the possession of other portions of territory were thus, at the
• 44 Vic. ch. H, p. 96. 40
45 Victoria. Sessional Papers (No. 23). A. 1882
instance and by the compulsion of Federal authority, to be renewed. Many lives were sacrificed in those old conflicts ; more might be sacrificed in the new.
In the debate in tlie House of Commons, on the 18th of March,* the leader of the Government avowed as an object contemplated by transferring to Manitoba the interest of the Dominion in the disputed territory, that it would " compel " this Government not to insist on the awarded boundaries ; and he assured the House that the Government of Ontario would "come to terms quickly enough when they find they must do so." No terms had ever been proposed to this Government, nor had this Government ever been asked to propose any to the Federal Government.
Afterwards, viz., on the 1st April, 1881 (the Committee of the House of Commons on the Boundaries ncJt having yet reported), a petition, which appears to have been sent to the Dominion Government from Rat Portage, praying that a Court of Civil Jurisdiction might be established by the Dominion at that place, was replied to by the Under Secretary of State, who stated in such reply, for the information of the petitioners, that as Rat Portage would shortly be included within the Province of Manitoba, when the Act extending the boundaries of that Province should be brought into force (unless it be already within the limits of Ontario), and as the administration of justice and the establishment of Provincial Courts devolved upon Provincial authorities, it would not be proper for the Government to take action upon their petition. The suggestion that the Province of Manitoba should or might establish a Court at Rat Portage, without waiting the deter- mination of the right to the territory, was not communicated to this Government, nor did this Government come to the knowledge of the letter of the Under-Secretary until the month of June following, when a copy of it was obtained and sent to this Government by their officer at Rat Portage.
It is evident from this letter, as well as from the whole course of the Dominion Government in connection with the matter, that the intention was, that, in defiance of the rights of Ontario, the Province of Manitoba should at once assume jurisdiction in the disputed territory, establish Courts, appoint officers and magistrates therein, and thus enter into a conflict with Ontario, and thus bring about perhaps the withdrawal of the officers of Ontario, and our leaving the territory for an indefinite time in the control of Manitoba and the Dominion.
A further communication, dated April, 1881, was received from the .same Stipendiary Magistrate, and extracts embracing its material parts were, on the 25th April, transmitted to the Secretary of State at Ottawa, with a request that he would be good enough to state, for the information of this Government, what the facts really were as to the matters therein mentioned as having occurred since the award, and since the determination of the provisional arrangements which had been theretofore made with reference to the territory in question.
On the 27th April, the receipt of the despatch of the Pro-snncial Secretary was acknow- ledged, but the information asked for was not given, nor was any reason suggested for not giving the same, nor has the information been given since, or any reason stated for not giving it. The communication stated to the effect, that in the year 1873, certain persons
* Debates of the House of Commons, 1881, p. 1452.
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45 Victoria. Sessional Papers (Xo. 23). A. 1882
therein named entered into possei^sion of a timber limit, Y>'hich they had previously obtained from the Dominion Government, containing one hundred square miles ; that the limit was surveyed, comprising several blocks ; that those blocks were marked on a map issued by the Dominion Government, and coloured yellow, and showed all the timber lands the parties were entitled to ; that during the summer of 1S80, the senior partner had an interview with Sir John Macdonald, and asserted that when his Company obtained their limit they were allowed the privilege of selecting the quantity in several blocks, those blocks not to contain less than twenty-five miles each ; that another firm named in the communication had secured a limit on the Lake of the ^Voods and its tributaries, and had been allowed the privilege of selecting their limit in much smaller blocks ; that the firm first mentioned asked to be allowed to relinquish their claim to at least one-half of their limit, and to be allowed to select an equal quantity in blocks of any size, wher- ever they could be found, and would suit their Company best ; that their demands were assented to, accompanied with the remark that they had better get their limit arranged to suit themselves at once, as it might not be in the power of the Dominion Government to do them the favour in a short time hence ; that this firm had occupied their limit for several years, and cut timber sometimes on their limit and sometimes in other places out- side of it, and had (it was said) paid no dues to the Government for the timber, with the exception of what was cut last season ; that during this time they discovered blocks more thickly timbered, of better quality and larger growth than the blocks originally selected and operated on by them, thereby obtaining an advantage not contemplated when they secured their limit, and securing a privilege not usually accorded to those enjoying timber limits ; that one of the partners (named) had made strong representations to the Dominion Government of injuries sustained by them when the water broke into the canal last summer, and had claimed that the water privilege at Fort Francis had been destroyed by the canal being cut where it is, and (it was said) had obtained a promise from the Government at Ottawa of one of the most valuable water privileges on the Lake of the Woods, at Rat Portage, in lieu of the pretended damage to the one at Fort Francis ; that all that was required to close the water out of the canal was a small dam across the mouth of the canal, which might cost from one to two hundred dollars, and then the priWlege would be as good as it was formerly ; that the said firm had also represented that their milling operations were delayed by the water breaking into the canal, while the fact b they sawed double the quantity of lumber in the same time that they had in any previous season ; that it was also reported that a member of the House of Commons (named in the com- munication) had got a timber limit during the past year on the Winnipeg River, within the territory awarded to Ontario.
These were the statements made known to the Dominion Government, with the names of the parties referred to ; and, from that day to this, the people and Government of Ontario have had no information from the Federal Government on the subject.
It appears from another communication of the same officer, that he held his first Court at Rat Portage on the 16th May, 1881 ; that a number of cases were tried and disposed of ; that in some of them the money was paid by the judgment debtor before execution, and in others after execution ; and that no question of jurisdiction was raised by, or on behalf of, any of the persons sued except Manning, McDonald A Co., contractors
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45 Victoria. Sessional Papers (No. 23). A. 1882
with the Dominion Government for a portion of the Pacific Railway. A judgment was given against these contractors, execution was issued, and a seizure made by the bailiff; tliat the bailiff was thereupon assaulted by an agent of the Defendants ; that he was sub- sequently arrested by a Dominion constable, and without being brought before any magistrate was put into the gaol so established by order of His Excellency the Governor- General in Council ; that he was afterwards brought before the Magistrate of the Dominion and fined one dollar or one day in gaol, and as he did not immediately pay the fine he was committed to gaol for performing his duty. Partly for want of a sufficient police force, and partly to avoid bloodshed, no further proceedings have been taken on the execution in his hands. It appears, also, that no new suits have been entered for the sittings of the Ontario Division Court at Eat Portage, on account of the question of jurisdiction having been raised by Messrs. Maniiing, McDonald & Co., as already mentioned, and of he process of the Court not having hitherto been enforced against them.
It is the opinion of the Stipendiary Magistrate that it will henceforward be impossible to enforce his judgments without the assistance of a considerable force, and that it is evidently the intention of the said contractors and others, henceforward to resist all process issued under the authority of this Province. The same course will no doubt be taken, whenever convenient, with reference to any process issued under the authority of the laws of Manitoba.
The Act which provided for the extension of the boundaries of the Province of Manitoba was to come into force on a day to be appointed by proclamation by the Gov- ernor, to be published in the Canada Gazette. Such proclamation was issued accordingly on the 18th June, 1881, and declared the said Act to be in force on and from the 1st day of July, 1881.
By another communication from the Stipendiary Magistrate, dated 26th September, 1881, it appears that the Manitoba Government has since acted on the assumption that the disputed territory is within that Province, and has begun to exercise jurisdiction therein ; and, amongst other things, sessions of the County Court of the Province of Manitoba have been appointed to be held at Eat Portage ; a clerk for the Court so to be held has been appointed ; writs have been issued in the Court of Queen's Bench of the said Province against parties resident in the disputed territory ; and a Judge of a Manitoba Court has already held one sitting at Rat Portage, and given judgment and ordered execution in cases brought before him.
The Government of Manitoba has made no communication to this Government in respect of any of its proceedings with respect to the said territory.
The Stipendiary Magistrate further reports that the Dominion Government had appointed an engineer in the employment of the contractors to act as timber agent at Eat Portage ; that these contractors were taking timber for the purposes of their contract from the Crown Lands near Rat Portage ; that they have also had a sawmill in operation for several months at Eagle Lake, making lumber, and are piling it up at the side of the railway to be .shipped to Winnipeg when the railway is opened ; that there is reason to believe that an effort will be made to procure a million ties, besides posts and telegraph poles, without paying dues thereon ; that a large number of men are at work who have been sent out by another person in Winnipeg, who is named ; and that if the contem-
43
45 Victoria. Sessional Papers (No. 23). A. 1882
plated proceedings are permitted to go on they will strip the country of its most valuable product.
The Agent of this Government at Prince Artlmr's Landing reports that a gentleman, a resident of that place, has been exploring the pine timber on Lac Mille Lacs on the Height of Land (seventy miles from Prince Arthur's Landing); that the same person was then sending or has sent a party to make a survey of the locality ; that he states he had applied to the Dominion Government for the timber, and was instructed to make this sur- vey ; and our Agent that the limits are good.
Various communications of the Stipendiary JIagistrate further shew, that there is great need of a vigorous administi-ation of the law in our territory north of the Height of Land, for the maintenance of peace and order ; that there is much illicit liquor-selling in the territory, and much drunkenness, immorality and crime ; that the question of jurisdiction has para- lyzed his proceedings, and diminished his usefulness in the suppression of disorder ; and that the intervention of the officers of the Dominion has greatly increased the difficulties he has to contend with. The recent assumption of jurisdiction by the neighbouring Province of Manitoba, with the evident concurrence and approval of the Dominion Government, will no doubt increase the difficulty still further. It is to be noted, that the active interference of the Federal authorities with our rights has been on the westerly side of the Province, where independently of the award our title is most clear, where the territory is most valuable, and where a vigorous administration of justice is most needed.
The instructions given to the Stipendary Magistrate on his appointment were, that he should assume that the territory assigned to this Provmce by the award belonged to this Province, and should act without any reference to its being in dispute. He was afterwards directed to avoid, until further instructed, any conflict with the officers of the Dominion or of Manitoba. He now, in view of the difficulties thrown in the way of the administration of civil and criminal justice, desires to receive further instruc- tions for his guidance.
The Federal Government has not yet communicated to this Government a definite refusal to confirm the award, nor has there been any direct vote of Parliament to that eflfect ; but that such is the determination of the Federal authorities is abundantly implied in the various Governmental acts, Federal Statutes, and votes in the Federal Parliament, which the undersigned has referred to ; and more distinctly in the speeches of Federal ^finisters in Parliament. For example, in the debate on the Manitoba Bill, the First Minister thought fit to say, amongst other things, that the award was of no value ; and that the boundary assigned to us could not be supported in any court or tribunal in the world* — an observation which, the undersigned apprehends, shews only that the speaker h.nd not had time or inclination of lat<> to study the case on which ho was pronouncing judgment, and had forgotten the views formed and insisted upon by successive Governments of which he was either the head or a distinguished member.
The urgent importance of the immediate settlement of the boundaries of Ontario has been repeatedly affirmed by the Governments of Canatla, before Confederation and afterwards ; and the urgency has been increasing year by year. It was never so griiat
• Debates, House of Commont, I88I, pa^ 1453.
44
45 Victoria. Sessional Papers (No. 2'd). A. 1882
as it is now ; and it. is possible that the preaeut Federal authorities may have done all which they think it needful or expedient to do to embarrass or weaken the demand of the Legislature and people of Ontario for their awarded rights ; and that, if this Province were willing, the Federal Government and the Government of Manitoba might now concur with this Government in stating a Case for the immediate decision of the questions at issue by Her Majesty's Privy Council (which was the proposal of the Federal Govern- ment in 1872) ; and might in connection therewith concur in some reasonably satisfactory provisional arrangements for the settlement of the territory, the preservation of the timber therein, the administration of justice, and the enforcement of peace and order. Shall a negotiation with these objects be proceeded with, the result to be submitted to the Legislature at its next session ?
It certainly is not reasonable or just that this Province should be put to a second litigation of the question of Right ; but, on the other hand, the Province desires to secure peaceably and with all practicable expedition whatever limits it is entitled to ; and if the Federal authorities use their Constitutional powers, however unjustly, to " compel " a second litigation, Ontario may have no alternative but to agree to this condition. In 1872 the Government of Ontario proposed a " reference to a Commission sitting on this side of the Atlantic " — one reason given for such preference being that " the solution of the boundary question depends upon numerous facts, the evidence as to many of which is procurable only in America, and the collection of which would involve the expenditure of much time." The evidence thus referred to having since been collected, this reason would no longer apply if the Federal and Manitoba Governments would consent that the evidence so collected and in print for the use of the arbitrators (with any other documentary evidence, if such is found) should be the materials on which the reference to the Privy Council is to proceed.
The undersigned has pointed out some of the evils of the existing state of things. He cannot conceal from himself that further evils to this Province may be created by prolonged delay. Even uncertainty as to the proper authority both makes government more or less difficult and retards settlement. Settlors cannot feel sure of their title to their lands, or to the improvements which they make. Some men rather like a state of lawlessness, and run all risks ; but many do not ; and these are deterred by the uncertainty from remaining in the country or having transactions in it. Again if the practical effect of Federal measures should be Ontario's temporary withdrawal from the territory, the danger is not to be overlooked that the territory may per- manently drift away from Ontario. The population will get accustomed to the laws of Manitoba ; will come to consider themselves as not belonging to Ontario ; and the lands and limits which they occupy will have for title, grants, licenses, contracts, or permits from another Government. To change the jurisdiction over the territory after its prin- cipal accessible parts have become populated under such circumstances, may be found to be most inconvenient, and even to involve insuperable complications and difficulties. Should these results not follow, we cannot conceal from ourselves that it has been proved by long e.'cperienoe that a Government on this continent cannot, if it would io-nore occupants of Crown Lands, though they may be occupants without title ; and that (generally
45
45 Victoria. Sessional Papers (No. 23). A. 1882
speaking) the occupancy is ultimately clothed \vdtli the title, either without compensation, or on terms diffei-ent from those which might properly be imposed if the possession were vacant. A fortiori might this be found to be the case in the present instance, as respects occupants who should receive grants or licenses from the Government of the Dominion or of Manitoba. Dominion Ministers, speaking for the Dominion Government, said and shewed that the Hudson's Bay Company were mere " squatters " on the lands they occupied ;* and yet the Dominion found it expedient afterwards to pay to the Company a considerable compensation to get rid of their claims, though the compensa- tion was small as compared with the value of the territory. In the present case the obtaining of damages against the Dominion would be no adequate compensation to this Province for wrongs done by Federal legislation or by the acts of the Federal Govern- ment. Such damages would come principally out of the pockets of Ontario taxpayers, as being the chief contributors to the revenue of the Dominion ; and any indemnity wo could receive would practically be paid to a large extent with our own money.
An appeal to the electors of the Dominion for the rights of the Province has been suggested. Such an appeal may not be practicable in time to prevent irremediable evils resulting from delay ; the first general election for the Dominion may not take place until the autumn of 1SS3; and at this election, whenever it occurs, the question as to the territory in dispute may be overshadowed by other issues which in Dominion politics divide parties, and with which the Legislature and Government of Ontario have nothing to do.
Notwithstanding that the Federal Government, since the award, has repeatedly declined to discuss suggestions made by this Government for an adequate provisional arrangement to be acted upon pending the dispute, and has proposed no other provisional arrangement, and has made no official communication whatever as to any mode of determining the question of right, still, in view of all the circumstances, and especially of the very serious evils, present and prospective, which the course of the Federal Govern- ment has created, and of the absence of any means of peaceably preventing such evils, — the undersigned ventures to recommend that he may receive authority from Your Honour in Council to endeavour once more, by personal conference or otherwise as may be found expedient or useful, to ascertain, for the information and action of this Government, and of the Legi-slature of Ontario at its next session, whether the Federal Government and the Government of Manitoba can now be induced to concur in any mode of accomplishing a permanent settlement in relation to the disputed territory> in connection with adequate and proper provisional arrangements ; and if so, what the best terms appear to be to which those Governments may be prevailed upon to accede.
All which is respectfully submitted.
O. MOW AT. November Isl, 1881.
• Book Arb. Doc, p. 324, letter to Sir F. Rogen, 16th January, 1869.
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45 Victoria. Sessional Papers (No. 23). A. 1882
DESPATCH FROM HIS HONOUR THE LIEUTENANT-GOVERNOR TO THE SECRETARY OF STATE (DOMINION).
Government House,
Toronto, 31st December, 1881.
Sir, — I beg to call your attention to the unfortunate condition of that large portion of this Province to which the Federal authorities dispute our right. I desire specially to refer to that part of the disputed territory, comprising about 39,000 square miles, which lies on the westerly side of this Province, and to which, by the Act of last Session for the extension of the boundaries of the Province of Manitoba (44 Vic, Cap. 14), the Federal Parliament transferred to that Province the claim of the Dominion, so far as relates to Provincial jurisdiction therein.
I beg to remind you that the importance of having settled without further delay all questions in regard to the boundaries of the Province was repeatedly stated, and even insisted upon, by your Government as long ago as the year 1872. Thus in an Order in Council, approved by His Excellency the Governor-General on the 9th April, 1872, it was affirmed to be " of the greatest consequence to the peace and well-being of the country in the vicinity of the dividing line, that no question as to jurisdiction, or the means of prevention or punishment of crime, should arise or be allowed to continue ; " and it was not doubted '' that both Governments would feel it their duty to settle without further delay upon some proper mode of determining, in an authoritative manner, the true position of such boundary."
On the 1st of May in the same year. Sir John A. Macdonald, the Premier, and then Minister of Justice, made a report which was approved by Order in Council, in which report it was stated, in reference to the disputed territory, that " it was very material that crime should not be unpunished or unprevented;" and in this view it was suggested that " the Government of Ontario be invited to concur in a statement of the case for immediate reference to the Judicial Committee of the Privy Council of England." It was further stated that " the mineral wealth of the North- West country is likely to attract a large immigration into those parts ; and with a view to its development, as well as to prevent the confusion and strife that is certain to arise among the miners and other settlers so long as the uncertainty as to boundary exists," it was recommended that a course of joint action should meanwhile be adopted by the Dominion and the Province " in regard to the grants of lands and of issuing licenses, reservation of royalties, etc."
By another Order in Council, approved on the 7th of November, 1872, His Excellency the Governor-General's Federal advisers obtained the sanction of the Crown to the statement that " the importance of obtaining an authoritative decision as to the limits to the north and to the west of the Province of Ontario had already been affirmed by a Minute in Council," and that " the establishment of criminal and civil jurisdiction, and the necessity of meeting the demands of settlers and miners for the acquisition of titles to land, combined to render such a decision indispensable."
On the 26th of June, 1874, a provisional arrangement was made for the sale of lands in the disputed territory, which arrangement was in force from its date until 3rd August,
47
45 Victoria. Sessional Papers (No. 23). A. 18S2
1878, when the Award was made. By the Award so much of the territory theretofore iu dispute as was situate east of the meridian of the most north-western angle of the Lake of the Woods (say Longitude 94' 38' W,), was awarded to Ontario, and the claim theretofore made on behalf of this section of Canada to the territory beyond that meridian, to either the White Earth River or the Rocky Mountains, was negatived by the arbitrators.
I beg to remind you that from that day to this the Federal Government has made no official communication to the Government of this Province of their intention to reject the Award, but my Government has been left to gather this intention from the omission of the Federal Government for the first two Sessions of Parliament to bring in any measure for the recognition or confirmation of the Award ; and from the speeches made in Parliament by Ministers during the last two Sessions ; and more distinctly from the transfer made last Session to Manitoba by the Act already mentioned, and which Act, passed notwithstanding the remonstrances of this Government, had the effect of putting it out of the power of the Dominion to confirm the Award without the concurrence of that Province.
My Government cannot doubt that the Federal authorities are aware, and will admit, that the progress of the country in the last nine years, and the realization during this period of the condition of things which in 1872 was only anticipated, have immensely increased the duty then perceived and expressed by your Government, that "no question as to juris- diction or the means of prevention or punishment of crime should bo allowed to con- tinue ; " and that there is a " necessity of meeting the demands of settlers and miners for the acquisition of titles to lands." Immigrants and others have, as anticipated, been attracted to the territory in dispute, in common with the rest of the North-West territories ; numerous settlers, miners and lumberers have now gone into the territory ; a large floating population is there ; also a considerable number of persons who desire to be settlers ; and the lands, mines and timber of the territory are iu active demand.
With respect to the timber, enormous quantities of it are being cut and removed by trespassers and others. Some of those engaged in the work assert that they have licenses, permits, or the like, from the Federal Government; and this Government has in con.sequence applied to your Government for information as to how far their pro- ceedings have had the sanction of the Dominion Parliament; but the information has not been given, nor has any notice been taken of the application for it.
A communication from our stipendiary magistrate in the territory (a copy of which, or of its material part, was transmitted to you on the 8th March, 1881) shews — what also appears from other quarters — that the explorers and miners on the Lake of the Woods had suffered great disappointments and losses from the continuance of the territorial dispute ; that some of them had expended all their money in exploring and surveys, expecting an early return for their investments and toil, but that nothing could be done with miniug capitalists because a sure title to lands could not be procured ; that the delay of another year would ruin many ; that many would be driven from the locality never to return, causing loss to merchants and others who had made advances to them ; that the people of the locality were suffering in many ways from the unsettled condition of affairs, there being no civil court of acknowledged jurisdiction to collect debts, no land
48
45 Victoria. Sessional Papers (No. 23). A. 1882
agent to locate settlers, no registry office to record deeds, and no disinterested timber agent to protect the forests ; that all was uncertainty and confusion ; that the claims to mineral lands had become so mixed that those who claimed locations would soon be unable to recognize their own property ; that some places had been surveyed several times, the surveys covering each other ; that the magistrate had no doubt there would be fighting, and perhaps murder, over these claims ; that some persons were then armed to defend their supposed or assumed rights against wealthier claimants ; and that whiskey-sellers were plying their illicit calling with great success, and much to the injury of the district. Since the date of this communication, the Manitoba Act referred to has introduced new elements of confusion and disorder. Two sets of Provincial laws, and two sets of Provincial officers, distract the inhabitants of both the unorganized and the organized parts of the territory.
As regards the organized portions, which lie south and east of the Height of Land — and where, up to the time of Goafederation, and for many years before, the authority of the laws, courts and officers of Upper Canada had always been assumed by the Government and the population without dispute or question, and where, since Confedera- tion, the authority of Ontario had continued to be assumed in the same manner — the unfortunate position of the inhabitants now was (in the debate on the Manitoba Bill), pointed out by the leader of the Government to be this: "The people of Prince Arthur's Landing may resist the processes of law ; they may say to the Sheriff that he is committing an illegality. A man may say to another who brings a suit against him, ' This is the process of an Ontario Court, and Ontario laws do not e-xtend here, because we are not part of that Province.' " The same things may be said in respect of the officers and courts of Manitoba in the same territory.
I have further to remind you that since the Award was made, the Government of Ontario have repeatedly called the attention of your Government to the serious practical evils which were attending the dispute, and to the importance and duty of not delaying a settlement of the question, or of making adequate provisional arrangements if the Award was not to be recognized by the Federal authorities ; but jio measure has ever been recommended to Parliament to remove or alleviate, with reference to civil rights or the trial of civil matters, the evils thus arising from varying laws and disputed jurisdiction.
In criminal matters only has something of a provisional kind been done, namely, by the Dominion Statute 43 Vic, Cap. 36, continued until the end of next Session by 44 Vic, Cap. 15 ; and this legislation is so defective that no magistrate or justice of the peace acting in the disputed territory can feel any assurance that his jurisdiction will not be disputed, or his officers set at defiance or sued in trespass.
An authoritative determination of the right might be accomplished at once, by the Parliament of Canada and the Legislature of Manitoba passing Acts for this purpose under the authority of the Imperial Act 34 and 3-5 Vic, Cap. 28 ; and otherwise. But my Government are aware that the policy of the present Federal Government and Parliament forbids any expectation of that course being adopted.
In 1872 your Government proposed an immediate reference to the Judicial Com- mittee of the Privy Council ; and it was suggested in a communication to the Government 4 49
45 Victoria. Sessional Papers (No. 2.3). A. 1882
of Ontario that "no other tribunal than that of the Queeii in Council would be satisfactory to the otlior Provinces of the Dominion, in a decision of questions in which they have a large interest, the importance of which is by current events being constantly and repeatedly augmented." My Government have observed also that in the debate in the Senate on the Manitoba Bill last Session, Sir Alexander Campbell, speaking for the Government, said : " The boandary line will have to be settled. It will be settled, I suppose, by some reference to the .Judicial Committee of the Privy Council of England, or some other tribunal. No particular burden will be thrown on Manitoba to procure a settlement." Speaking of the boundary line, the .same Minister further observed : "Its location is a matter of di.spute ; and all we can do is to endeavour to get Ontario to agree to some tribunal by which it can be settled."
In the House of Commons' debate on tlie same Bill, at a subsequent time, the Premier said, speaking of his predecessors: "The Government were peculiarly bound to see that the question was left to a tribunal that cm Id speak authoritatively ; and I do not see, unless they were afraid of their case, why they [the Ontario Go\ernment] should hive objected to the Imperial tribunal, to which it must go finally. That is the only way of settling the case. All must submit to that, the highest tribunal in the Empire."
Having reference to these observations, and remembering that the Award of the distinguished gentlemen who were chosen by the two Governments as arbitrators, and whose ability and impartiality have always been acknowledged, has not been satisfactory to the Federal authorities, I do not suppose that any tribunal constituted by agreement of the parties would, under all the circumstances, be proper or satisfactory.
A reference to the Judicial Committee of the Privy Council, or to any other tribunal, would involve much loss of time ; and meanwhile the advices received from the territory indicate that the timber therein is being destroyed ; that enormous quantities of it are being practically lost to the Province ; and that the development of the territory is arrested, to the permanent injury of this Province, by the continued absence of undisputed authority to enforce order, administer justice, and grant titles. The evils arising from this state of things are so great, and are increasing so rapidly, and it is so important that the Province should without further delay secure peaceable possession of wliatover limits it is entitled to, that my Government would be willing, with the concurrence of the Legislature, to submit the matter to the Privy Council, on condition of consent being given by the Dominion Government and that of Manitoba, and by the Parliament of Canada and the L-J^islature of Manitoba, to just arrangements for the government of the territory in the meantime.
Without such provisional arrangements, this Province may as well wait for the confirmation of the Award, which (so far as concerns the rights and powers still remain- ing to the Dominion) my Government confidently expect from another Parliament, as go to the expense, and have the unavoidable delay, of a .second litigation.
From the time that it became manifest that the Dominion Government did not contemplate an early recognition of the Award, provisional arrangements have from time to time been suggested by this Government, and l)y the Attorney-ticiieral on its behalf. I beg to refer you to the communications containing these suggestions; and I
50
45 Victoria. Sessional Papers (Xo. 23). A. 1882
may add that your Government has not hitherto made any of them the subject of com- munication to tliis Government ; nor have any counter propositions hitherto been suggested.
It may be convenient here to state the substance of these suggestions :
(1.) By reason of the Award, and of its accordance with the contentions of the Province and Dominion of Canada up to 1870, the prima facie title to the territory must be admitted to be in the Province of Ontario ; and it was therefore proposed that, pending the dispute, this Province should have the authority of the Dominion to deal with the lands and timber (as in tlie other parts of the Province), subject to an account if the title is ultimately decided to be in the Dominion, and not in the Province.
(2.) As (without a state of practical anarchy) there cannot continue to be two systems of law in this great territory of 39,000 square miles, the law of Ontario should, by proper legislation, be declared to govern in regard to matters which, by the British North America Act, are within Provincial jurisdiction. This, or any other arrangement with regard to these matters, will now require legislation by Manitoba.
(3.) It was further proposed that, pending the dispute, the jurisdiction of our Courts and officers should be recognized and confirmed; and that the jurisdiction of our stipendiary magistrates in tlie disputed territory should be increased to the extent contemplated by the disallowed Act, 42 Vic, Cap. 19, Ont. This extended jurisdiction, it may be observed, would not be so great as the jurisdiction which has been conferred by Dominion Statutes upon similar magistrates in the territories of the Dominion. To prevent doubts, there should be legislation by the Federal Parliament, and by the Legislatures of both Manitoba and Ontario.
The Manitoban Act of the last Session of Parliament has rendered necessary the concurrence of the Government and Legislature of Manitoba in the provisional arrange- ments referred to ; but it is presumed that such concurrence would, if now desired or approved by the Federal Government, be given gladly ; for it is not to be supposed that that Province — with its small revenue, and with the enormous additional demands upon it for the government and development of its undisputed territory, increased by the same Act from 13,464: to upwards of 100,000 square miles — -san desire to have the further expense and responsibility of the temporary government of 39,000 square miles of disputed territory, which may never be theirs, and to which such of the people of Manitoba as may take the trouble to learn the facts, must feel it not improbable that Ontario has the right ; since such was in effect the view taken and acted upon in every way by the successive Governments of Canada up to 1870; and since such highly competent referees as the Eight Honourable Sir Edward Thornton, "then Her Majesty's Ambassador at Washington, and now Her Ambassador to the Court of St. Petersburg, the late Honourable Chief Justice Harrison, and the Honourable Sir Francis Hincks, K.C.M.G., declared and awarded the disputed territory to be within the boundaries of this Province.
I have called the Ontario Legislature to meet for the dispatch of business on the 12th of January. I perceive that the Parliament of Canada is to meet in the following month, and I would respectfully urge the great importance of my being officially informed, before the meeting of our Legislature, whether the Dominion Government is now willing, with the concurrence of the Legislature of Manitoba so far as such concurrence is
51
45 Victoria. Sessional Papers (No. 23). A. 1882
necessary, to agree to the arrangements which have been suggested, and to obtain from Parliament at its approaching Session the Dominion legislation necessary to give effect to such arrangements. Or, if the Dominion Government is not willing to agree to the arrangements suggested, my Government would be glad to be informed what the best terms are to which your Government is prepared to agree, for the final settlement of the question of right, and for the provisional government of the territory in the meantime, I beg to remind you once more that since the Award, no terms have ever been proposed to this Government with reference to either matter, unless it may be in the informal, and so far nugatory, negotiations which have recently taken place with the Attorney-General.
I beg also to renew the request made in a former despatch, but not hitherto noticed by your Government, for information as to the transactions of your Government with respect to the disputed territory since tlie date of the Award. What my Government desire to have is, information of all transactions with respect to the timber and lands respectively, including copies of all grants, licenses, permits, regulations, instructions, letters, documents and papers of every kind relating to the same. This information my Government submit that they are entitled to receive, whether there is to be a provisional arrangement or not.
It has recently been stated in the public journals that the Federal Government had assumed authority to grant to the Pacific Railway Company land for their line of road through the disputed territory, and for timber purposes, a breadth of twenty miles on each side of this road throughout its whole length. No communication on the subject has been received from the Federal Government. If the newspaper statement is correct, my Government respectfully submit that, as the right to the territory is in dispute, no such Errant should have been made without the concurrence of the Provincial authorities : and that if their concurrence was not cared for, they should at all events have had previous notice of what was contemplated, that they might have liad an opportunity by negotiation or expostulation, of seeing that, if possible, the interests of the Province were not set at naught. I have respectfully to request copies of the Orders in Council and other documents (if any) relating to the transaction.
I have the honour to be. Sir,
Your obedient servant,
J. B. RonixsoK. To the Honourable the Secretary of State,
Oltatva.
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45 Victoria. Sessional Papers (No. 23). A. 1882
FURTHER CORRESPONDENCE AND PAPERS
Respecting the Disputed Territory on the Northerly and Westerly sides of Ontario ; laid before the Legislative Assembly
By command.
ARTHUR S. HARDY,
Secretary. Provincial Secretary's Office, Toronto, 20th February, 1882.
46 Victoria. Sessional Papers (No. 23). A. 1882
CONTENTS.
PAOII.
1. Award of Arbitrators, 3rd August, 1878 3
2. Despatch from the Honourable the Secretary of State, Ottawa, to His Honour the
Lieutenant-Governor, 27th January, 1882 4
3. Reply of His Honour the Lieutenant-Governor, 18th February, 1882 8
45 Victoria. Sessional Papers (No. 23). A. 1882
FURTHER CORRESPONDENCE AND PAPERS
RESPECTING THE DISPUTED TERRITORY ON THE NORTHERLY AND WESTKliLY
SIDES OF ONTARIO.
1. AWARD OF THE ARBITRATORS.
To all to whom these presents shall come :
The undersigned having been appointed by the Governments of Canada and Ontario as Arbitrators to determine the northerly and westerly boundaries of the Province of Ontario, do hereby determine and decide the following are and shall be such boundaries; that is to say : —
Commencing at a point on the southern shore of Hudson Bay, commonly called James' Bay, where a line produced due north from the head of Lake Temiscaming would strike the said south shore ; thence along the said south shore westerly to the mouth of the Albany River ; thence up the middle of the said Albany River, and of the lakes thereon, to the source of the said river at the head of Lake St. Joseph ; thence by the nearest line to the easterly end of Lao Seul, being the head waters of the English River; thence westerly through the middle of Lac Seul and the said English River to a point where the same will be intersected by a true meridianal line drawn northerly from the International Monument placed to mark the most north-westerly angle of the Lake of the Woods by the recent Boundary Commission ; and thence due south, following the said meridianal line to the said International Monument ; thence southerly and easterly, following upon the international boundary line, between the British possessions and the United States of America, into Lake Superior.
But if a true meridianal line drawn northerly from the said international boundary at the said most north-westerly angle of the Lake of the Woods shall be found to pass to the west of where the English River empties into the Winnipeg River, then, and in such case, the northerly boundary of Ontario shall continue down the middle of the said English River to where the same empties into the Winnipeg River, and shall continue thence on a line drawn due west from the confluence of the said English River with the said Winnipeg River, until the same will intersect the meridian above described, and thence due south, following the said meridianal line to the said International Monument; thence southerly and easterly, following upon the International Boundary Line, between the British possessions and the United States of America, into Lake Superior.
Given under our hands, at Ottawa, in the Province of Ontario, this third day of August, eighteen hundred and seventy-eight.
(Signed) ROBT. A. HARRISON. EDWD. THORNTON. F. HINCKS.
Signed and published in the presence of (Signed) E. C. Monk. " Thomas Hodgins
45 Victoria. Sessional Papers (No. 23). A. 1882
2. DESPATCH FROM THE HONOURABLE THE SECRETARY OF STATE OF CANADA TO HIS HONOUR THE LIEUTENANT-GOVERNOR OF ONTARIO.
Ottawa, 27th January, 1882.
Sir: — I have the honour to inform you that His E.xcellency the Governor-General has had under his consideration in Council your despatch bearing date the 31st Decem- ber, 1881, relating to the disputed territory west and north of the Province of Ontario.
I have now to state for the information of your Government as follows :
1. The position of His Excellency's advisers has been uniform from the beginning. They have on all occasions been anxious to obtain from the highest tribunal approachable, an authoritative decision of the question in dispute, but have been unwilling, and Lave considered it inconsistent with their duty to treat the matter as one wliich might be dealt with by arbitration.
2. There is a legal boundary between Ontario and the recently acquired North-Wes* Territories ; and as representing the various Provinces of the Dominion who have acquired that territory, it is the duty, it is considered, of the Government of the Dominion not to give away any part of it, nor to agree to arbitration upon its boundary, but to ascertain what its legal extent is.
3. This disposition on the part of His Excellency's advisers was also the conviction of the Government in office at the time the territory was acquired, and for some years afterwards, and the anxiety which is felt now was expressed then by the several Orders in Council which are referred to in your Honour's despatch.
4. The North- West Territories were acquired in 1870, and on the 9th of April, the Ist of May, and the 1 7th of November, 1872, the importance of settling the boundary, and of settling it as a question of Law, which could be determined by a Judicial Tribunal, was pressed upon the consideration of His Excellency's predecessor, and communicated to the Government of Ontario by the several Orders in Council referred to in your despatch.
5. Had the proposal then made for the submission of the dispute to the Judicial Committee of the Privy Council been accepted by Ontario, the delays and inconveniences alleged in the communication under consideration to have occurred would have been avoided. The matter would long since have been settled by the highest authority in the Empire, and the boundary between Ontario and the then recently acquired North- West Territories authoritatively and finally settled.
6. His Excellency's advisers believe that it is much to be regretted in the interest of Ontario, as well as of the Dominion at large, that u proposal so reasonable in itself, and which would have brought to the consideration of the legal question involved the most learned and accomplished minds in the empire, and given every itssurance of a speedy and satisfactory decision, and one which would have commanded universal assent, was not accepted by the CJovcrnmont of Ontario.
7. It does not appear that any response was made by the Government of Ontario to the proposal to submit the question to the Judicial Committee of the Privy Council.
8. The proposal of 1874, referred to in your despatch, that the question in dispute should be referred to arbitration, does not seem to have been treated by either Govern- ment as a mode of seeking an authoritative decision upon the (luestion involved as a matter of law, but rather as a means of establishing a conventional line without first ascertaining the true boundary. In corrol>oration of this view it is to be noted, that of the three gentlemen who made the award referred to in your despatch under the reference of 1872, two were laymen, and only one of the profession of the law.
4
45 Victoria. Sessional Papers (No. 23). A. 1882
9. His Excellency's advisers are of opinion that in advance of Parliamentary sanc- tion it was not only highly inexpedient, but transcended the power of the Government of the day to refer to arbitration the question of the extent of the North-west Territories acquired by the Dominion by purchase from the Hudson's Bay Company.
10. That territory had been acquired on behalf of, and was in fact held for, all the Provinces comprised in the Dominion, and the extent of it was a question in regard to which, if a dispute arose, Parliament only could have absolved the Government of the day from the duty of seeking an authoritative determination by the legal tribunals of the country. Such a decision having been once obtained, if it had been found that it promised to be to the convenience of Ontario and the adjoining Province that a conventional boundary should be established in lieu of the legal boundary, authority might have been sought from the Legislatures of those Provinces and from the Parliament of the Dominion for the adoption of such a conventional line.
11. That the cour.se pursued was not intended as a means of seeking a legal boundary is further shown by the course pursued by the Legislature of Ontario, who, under the provision contained in the Imperial Act 34 and 35 Vic, Cap. 38, enabling the Parliament of Canada to increase, diminish, or otherwi.se alter the limits of a Province, with the assent of its Legislature, passed an Act giving their assent to the limits of their Province being changed by Parliament to meet the award, whatever it might be. The passage of such an Act shows that it was not sought that the true boundary line should be ascertained, but that a conventional one should be laid down.
12. It must further be observed that a Committee of the House of Commons has reported as follows, viz. : —
" In reference to the award made by the arbitrators on the 3rd day of August, 1878, a copy of which is appended (page 2), your Committee are of opinion that it does not describe the true boundaries of Ontario. It seems to your Committee to be incon- sistent with any boundary line ever suggested or proposed subsequent to the Treaty of Utrecht (1713). It makes the Provincial boundaries run into territory granted by Royal Charter in 1670 to the merchants' adventures of England trading into Hudson Bay, and it cuts through Indian territories which, according to the Act 43 George III., Cap. 138, and 1 and 2 George IV., Cap. 66, formed 'no part of the Province of Lower Canada or Upper Canada, or either of them,' and it carries the boundaries of Ontario within the limits of the former colony of Assiniboia, which was not a part of Upper Canada," showing how unwarrantable it would have been for the Government of the Dominion to have undertaken to ask Parliament to adopt the award as one defining the true boundaries.
13. On assuming office His Excellency's present advisers found that no authority had been obtained from Parliament for the reference made in 1874 of the dispute to arbitration. They themselves were opposed to that mode of disposing of the question, conceiving it to be inexpedient and lacking in legal authority, and that the duty of the Government was to seek for the disposal of the matter as a question of law.
14. It is to be borne in mind that when the proposal of the reference to the Judicial Committee of the Privy Council was suggested, and its expediency enforced by the Dominion Government in 1872, the Supreme Court of Canada had not been brought into existence, and there was therefore no high tribunal other than the Judicial Com- mittee of the Privy Council in England by which the question in dispute could have been authoritatively settled.
15. In 1875 the Act creating the Supreme Court was passed by the Parliament of Canada, The British North America Act, 1867, authorizing that Court to be created inter alia for the purpose of dealing with inter-Provincial constitutional questions, and upon the creation of that Court it would seem to have become the tribunal to which both Federal and. Provincial Governments should have resorted for the decision of the question now under discussion.
45 Victoria. Sessional Papers (No. 23). A. 1882
16. As in 1872 the Government of the day was anxious to submit the question to the then highest tribunal, so now His Excellency's present advisers would readily con- sent to use the influence of the Dominion Government with that of Manitoba to obtain a submission of the whole question as to the boundary to the Supreme Court of Canada, under the 52nd section of the Act of 1875, establishing the Court. They trust with con- fidence that their exertions with the Government of Manitoba would be attended with success, and that such submission would be agreed to by that Government.
17. Another method of obtaining an authoritative decision was pointed out to the Attorney-General of Ontai'io at an interview sought for that purpose with him by Sir .John Macdonald and the Minister of Justice, who, on the 21st of November last, pro- posed to Mr. Mowat, at his office in Toronto, that the Government of the Dominion and that of Ontario should unite in soliciting the good offices of some eminent English legal functionary for the purpose of determining the true boundary line. The names of Lord Selborne, who was then, it was reported, likely to seek relief from the fatigues of his office, and of Lord Cairns were suggested by Sir John Madonald, who proposed that one or other of these noblemen, or some other distinguished legal functionary, should be invited to come to Canada, to sit in Toronto or elsewhere, for the purpose of hearing the evidence and deciding upon the boundary question, as one of law susceptible of being determined by evidence as other important questions are.
18. The great advantage in such a submission would be that whilst legal ability and learning of the highest character would be secured for the decision of the question, it would have given both parties the opportunity of submitting such evidence as they might think proper, and the difficulty of agreeing on facts, and settling a case to be submitted to the Pri\-y Council, would have been avoided. Evidence would be heard upon the spot, and the fact of the hearing and the argument of counsel taking place in the country would have tended to command general assent.
19. This proposition was taken into consideration by Jlr. 5Iowat, and it is only recently that ho conveyed to the Minister of Justice his indisposition to accede to that proposal; but it is one which His Excellency's Government is still ready to adopt, if their previous suggestion of a submission to the Supreme Court of Canada should not command the assent of the Government of Ontario.
20. As regards the assertion in Your Honour's despatch, that the enlargement of the boundaries of Manitoba has complicated the present question, this Government are unable to adopt the view put forth in the despatch. The original confines of Manitoba were very small, and the rapidly augmenting population of that Province had made the fact a ground of continued complaint, and the Local Government had urged upon the Government of the Dominion that the limited extent of their Province paralysed their efforts in the development of the Province, in the establishment of municipalities, and the crea- tion of means of communication, and otherwise. It was uncertjiin how long the disputed boundary question might remain open, and His Excellency's (Jovernment felt themselves constrained, finally, to recommend the enlargement of the boundaries of Manitoba, but Parliament did so in such a manner, and in such language, as carefully guarded against the steps constituting any interference with the disputed (|ueslion of the Western limits of Ontario.
21. It is believed that the Goverument of Manitoba would readily acquiesce in the question of the boundary line being brought for decision either before the .Suprome Court of Canada or the high legal functionary, as suggested by Sir John Macdonald and thi- Minister of Justice, to Mr. Mowat, on the occasion referred to.
22. His Excellency's advisers look upon the question as one which should be con- sidered rigidly as one of Law, on account of the fiduciary character which they hold in regard to the various Provinces of the Dominion, where money was expended in the acquisition of the territory, and who are now largely cxertitig and taxing themselves for the purpose of constructing a line of railway through it, to which the Government of Ontario (although the railway pasises for upwards of COO miles through its territory) have refused to contribute any aid in laud, as has so largely been done out of the North- West Territories by the Dominion.
6
45 Victoria. Sessional Papers (No. 23). A. 1882
23. The Government of the Dominion believe that the interests of Ontario are con- sidered by the action which they advise as much and as strongly as the interests of any other Province. Their only anxiety is that a legal question in whicli Ontario is inter- ested by itself, and in which it is interested also as a member of the Confederation, should be disposed of by a Legal Tribunal.
2-1. They heartily wish that the proposal urged by the Dominion Government in 1872 for a submission to the Judicial Committee of the Privy Council had been accepted, but attribute much of the inconveniences and delay alleged in your despatch to liave oc- curred to the refusal of Ontario to unite in such a submission.
25. To the arbitration of 1874 His Excellency's Government was unable, for the reasons assigned, to give their adhesion ; but with Ontario they believe it to be of the greatest importance that the dispute should be settled, and they will be anxious to fur- ther in every way in their power the submission of the question either to the Supreme Court of Canada or to an eminent legal functionary, to be mutually agreed upon ; or if it be preferred by the two Provinces of Ontario and Manitoba, to the Judicial Committee of the Privy Council, although His Excellency's advisers would prefer that it should be decided in Canada, either by the high legal functionary, as suggested, or by the Supreme Court, with the right of applying to the Judicial Committee of the Privy Council for an appeal to the Queen from any decision which may be arrived at, should either Province desire it.
26. The question of the title to the land in the disputed territory should not be confused or mixed up with that relating to the boundaries.
27. The Indians, and the Crown, and those claiming under them, have rights whicli cannot be decided by the ordinary tribunals of the Province within which the land in dispute may finally be found,
28. With respect to the timber, of which it is said in Your Honour's despatch that enormous quantities are being cut and removed by trespassers and others, this Govern- ment have ascertained that no licenses have been issued to cut timber east of that boun- dary since the establishment of the Conventional line in 1870. Information regarding all permits, licenses, and other transactions would be readily furnished to the Govern- ment of Ontario at any time.
29. The assumption in your despatch that the Conventional boundary terminated on the 3rd August, 1878, the date of the award referred to, seems to be without founda- tion; but if the Conventional line is to be considered as having been then abrogated, it must be considered as at an end for all purposes, leaving both parties to assert their own rights in reference to all the questions involved.
30. As regards the Government of the country, and the enforcement of law and order in the meantime, it was intimated to Mr. Mowat, at the interview above referred to, that the Government of the Dominion would be ready to agree to such measures as were necessary to prevent confusion in these important respects. The suggestion was then made that all Justices of the Peace residing in the disputed territory should receive commissions from both Ontario and Manitoba, and that all the judges of Ontario and all the judges of Manitoba should be put in a joint commission as I'egards the disputed territory. The laws of Ontario and Manitoba being alike in most respects, no confusion would probably arise. That in criminal matters the Act 43 Vic, Chap. 36, had made, it was thought, satis- factory provision ; or if there was anything deficient, the Government of the Dominion would be ready to ask Parliament to supply it. That where there was found to be a practical difference between the laws of Ontario and those of Manitoba, the Government of the Dominion would use its good offices with the Government of Manitoba to induce them to consent that the law to be administered should be that of Ontario, as regards all matters of Pro viiwial jurisdiction, until the legal limits of both Provinces should be finally ascertained.
I have the honour to be. Sir,
Your obedient servant,
(Signed) J. A. Mousseau,
Secretary of Utate.
45 Victoria. Sessional Papers (No. 23). A. 1882
3.— DESPATCH OF HIS HONOUR THE LIEUTENANT-GOVERNOR OF ONTARIO TO THE SECRETARY OF STATE OF CANADA.
Toronto, I8ih February, 1882.
Sir, — I have the honour to acknowledge the receipt of your despatch dated 27th January last, and, for the information of the Government of the Dominion, I beg to submit the following reply.
My Government are glad that, though the Federal Government have for more than three years refrained from noticing requests and suggestions repeatedly made by the Government of Ontario with respect to the di.sputed territory, and from making any official communication of the views of your Government as to the question of title, or as to provisional arrangements necessary for the government and settlement of the country while your Government were pleased to dispute our title, your despatch has at last placed this Government in official possession of the views of the Federal Govern- ment on these subjects. My Advisers deeply regret to find those views so unsatisfac- tory, and (as they respectfully submit) so unjust to the people of Ontario. But a frank discussion of them may be of service to the interests concerned.
Your despatch intimates distinctly, what had been already perceived though not be fore officially stated to this Government, that the policy of your Government is to reject and disregard the Award ; and your despatch states the reasons for this course. I notice that among these reasons it is not suggested (as of course it could not be), that the arbitrators were not able and impartial men, well known, and held in high estimation in this country ; or that they had not before them all the known evidence bearing on the subject with the decision of which they had been entrusted ; or that they did not do their best to come to a correct conclusion. The reasons which you give are of an entirely different kind, namely ,'that the reference "transcended the power of the Government of the day ; " that the matter should be " considered rigidly as one of law ; " that the duty of the Government was to seek " an authoritative deter- mination by the legal tribunals of the country ; " that the reference " was not intended as a means of seeking a legal boundary," but that the object of it was that " a con- ventional line should be laid down;" and that His Excellency's present advisers were " opposed to disposing of the question " by arbitration, conceiving that mode to be " inex- pedient and lacking in legal authority." These seem to my Advi.sers to be, under the circumstances, unprecedented grounds of objection. A difference of opinion between one set of Ministers and their successors as to the expediency of having settled a con- troversy by arbitration, seems to my advi.sers to be no sort of justification for the repu- diation of an Award after it has been made in good faith.
Awards and Treaties between Governments often require subsequent Parliamentary sanction ; but in such cases my advisers claim that, according to the ethics of nations,
8
45 Victoria. Sessional Papers (No. 23). A. 1882
it is the recognized and bounden duty of the Grovernments to obtain such sanction, or to do their best to obtain it ; nor are changes in the personnel of either Government allowed to affect the obligation.
There are very recent examples of this old-established doctrine. The British Gov- ernment thought it their duty to obtain the prompt sanction of Parliament to the Ala- bama Award, though it was not, like the present, a unanimous Award, and though both the Government and the people regarded the amount awarded as excessive and exorbitant. So, on the other hand, in the United States of America, Congress gave prompt effect to the Fishery Award, though it was not a unanimous Award, and though the people and their representatives regarded it as grossly unjust. In the present case a unanimous Award has for more than three years been disregarded by the Federal authorities of Canada ; and, while they contend that it assigned to Ontario more extensive boundaries than as a matter of rigid law this Province possessed, there is (on the contrary) reason for believing that if the Award errs in that respect, the error is in assigning to Ontario too little territory instead of too much.
It appears to my advisers that many circumstances give exceptional -force to the considerations which demanded the acceptance of the Award by the Federal authorities.
The reference was made with the practical concurrence of Parliament ; and Ontario had every reason for assuming and relying upon the general acquiescence of the Do- minion. The reference had been agreed to in November, 1874. It was embodied in Orders of Council, approved by His Excellency the Governor-General and by His Honour the Lieutenant-Governor respectively. The three Arbitrators were immediately notified of their appointments, and their consent to act obtained. The reference was publicly known, and seemed to receive general approval. The Legislature of Ontario, in 1875, passed the Provincial Act to which your despatch refers, and, in common with the Dominion Government, proceeded at considerable expense to obtain, for the purposes of the arbitration, from Europe and America, all documentary and other evidence bearing on the question in dispute. The Imperial Government was apprized of the arbitration, and its assistance was given in an exhaustive search of the Colonial Office for State Papers. The fact of the reference was communicated by Ministers to Parliament at its first session after the reference had been agreed to, and it was repeatedly alluded to during the Parlia- mentary sessions held before the making of the Award. At no one of the four sessions intervening was any motion passed, or even proposed, in either House of Parliament, disap- proving of the reference ; nor, so far as my advisers are aware, did any member at any one of these sessions contend or suggest that the reference " transcended the power of the Gov- ernment of the day," as is now alleged. Two or three members expressed an opinion in favour of a different mode of settlement ; and even this expression of opinion seems to have occurred in the session of 1875 only. In the session of 1878 an appropriation of $15,000 to pay the expenses incident to the reference was voted by Parliament ; and without objection or question by anyone.* The documents and other evidence obtained from time to time were printed ; statements of the case of the respective Governments were prepared and furnished to the Arbitrators ; the question was argued by counsel
• House of Commons Debates, 1878, p. 2.528, item 292.
9
45 Victoria. Sessional Papers (No. 23). A. 1882
on both sides ; and the Award assigned to this Province part only of the territory which the Dominion Ministers, before compromising with the Hudson's Bay Company, had claimed as clearly belonging to this section of Canada.
The Award was made on the 3rd August, 1878. A change of Government took place on the 17th October following. The new Government on coming into office gave no notice to this Province that the Award was to be repudiated. On the 1st November, 1878, a map of that date was "published by order of the Honourable the Minister of the Interior," marking the boundaries of Ontario in precisely the manner assigned by the Award. On the 31st December, 1878, a despatch to your Government stated that a measure would be introduced during the then approaching session of the Ontario Legisla- ture, to give effect to the Award by way of declaratory enactment and otherwise ; and the despatch suggested that a like Act should be passed by the Parliament of the Dominion.* In answer to this despatch no notice was given that the Federal Govern- ment Tueant to repudiate the Award ; no warning to refrain from passing, or to postpone passing, the proposed Act ; and accordingly the Ontario Legislature, at its next session, passed an Act consenting that the boundaries, as determined by the Award, should be the northerly and westerly boundaries of the Province. 1 A like Act not having been pas.sed at the next session of the Federal Parliament, and no reason for the delay or omission having been communicated to this Government, two despatches were addressed to your Government, dated respectively 23rd September and 19th December, 1879. In the despatch of the 23rd September, it was, amongst other things, urged that, an Award having been made in pursuance of a reference by the two Governments, it was just that there should be no further delay in formally recognizing the Award as a conclusive settlement of the matters submitted to the arbitrators ; that the Government of Ontario did not doubt that the Government and Parliament of Canada would ultimately take the same view ; but it was respectfully represented that the delay in announcing the acqui- escence of the Dominion authorities, and in otherwise giving full eflfect to the Award, had been embarrassing and injurious. { By the despatch of 19th December, 1879, the attention of your Government was called to a former despatch, and it was intimated " that the arbitrators having made their Award, the Government of the Province under- stand that the provisional arrangement theretofore in force between the Province and the Dominion" was "at an end, the Award having 'definitely settled' the boundaries of the Province and the Dominion," within the meaning of the provisional arrangement§ The receipt of these despatches was formally acknowledgecl, but neither of them was answered otherwise. No exception wa.s taken to the alleged termination of the pro- visional arrangement ; and the Province was still left without any intimation of an intention to repudiate the Award. The first intimation of this intention was given during the session of Parliament held in the year 1880. Until then there was no known act of the Federal Government or speech of Federal Ministers which did not consist with an ultimate recognition of the Award by the Government of Canada.
• OnUrio Sessional Papers, 1879, Vol. II., No. 80 t42 v., chap. 2, Ont.
♦ Session.il Papern, 1880, No. 46.
i SMsional Paperi, OnUrio, 1880, No. 46, p. 2. fb. 187B, No. 14.
10
45 Victoria. Sessional Papers (No. 23). A. 1882
The recognition of the Award by the Parliament of Canada is desirable to prevent doubts and dispute ; but my Government do not admit that the Award has no legal force without such Parliamentary action. It is to be remembered that the British North America Act contains no provision giving authority to Parliament to deal with the boundaries of the Dominion or Provinces ; and my Government contend that the reference was within the powers incident to Executive authority. It is admitted in your despatch that a reference to the ordinary legal tribunals would have been within such authority, and it is not easy to see why a reference, made in good faith, and with the acquiescence of Parliament for several years, to a Tribunal created by mutual consent for the purpose, should stand in a different position. Even if the Award is supposed to have no legal efl'ect until sanctioned by Parliament, still it appears to my Government to be inconsistent alike with reason and justice, with British precedent and practice, that the Federal Government .should at this late date, and after all these proceedings, refuse to ask such Parliamentary sanction, or that His Excellency's pre.sent Advisers should seek to excuse a repudiation of the Award by alleging inability in their predecessors to sanction an arbitration, or by the preference of His Excellency's present Advisers for some other scheme of adjustment. References to arbitration, without previous Parliamentary sanc- tion, of matters involving large sums of money have been frequent ; and, for this pur- pose, between questions of money and questions of territory there is not in reason any solid distinction. If, as your despatch suggests, tlie Dominion Government occupy a fiduciary position with reference to the territory in question, it is equally true that they occupy a fiduciary position in regard to every power which, as a Government, they possess or exercise.
It seems to my Government that, under all the circumstances, the Award should have been promptly accepted, even if it had appeared that the arbitrators had not found or awarded what they considered to be the legal boundaries, and, disregarding these, had merely laid down the boundaries which they deemed most convenient and rea- sonable. But it so happens that the surmise in your despatch, that the Governments did not contemplate that the arbitrators should find the legal boundaries, is unsupported by evi- dence, and is entirely without foundation. The Order of the Privy Council of 1 2th Novem- ber, 187-1,* expressly stated the object to be " to determine by means of a reference thk northern and western boundaries " of the Province ; and the Order provided, that the ''determination of a majority of such three referees be final and conclusive upon the limits to be taken as and for such boundaries respectively." The Minister further recommended, and His E.xcellency approved the recommendation, " that the Dominion agree to concurrent action with the Province of Ontario in obtaining such legislation as may be necessary for giving binding effect to the conclusions arrived at, and for establish- ing the northern and western limits of the Province of Ontario in accordance therewith." The Order of the Lieutenant-Governor in Council was to the same effect as regards this Province.
One of the arbitrators who were first named having died, and another having resigned, new arbitrators were appointed in their places — viz., Chief Justice Harrison and Sir Francis
♦ Sessional Papers, Ontario, 1875, No. 14, p. 14. 11
45 Victoria. Sessional Papers (No. 23). A. 1882
Hincks ; and, these gentlemen having signified their acceptance, they were promptly put in possession of the documentary and other evidence. The formal Orders in Council appointing them were made some time afterwards, and when the arbitrators met to hear counsel — viz., on the 31st July, 1878. By the Order in Council of that date, approved of Ijy His Excellency, it was again provided " that the determination of the Award of such three arbitrators, or a majority of them, in the matter of the said boundaries respectively, be taken as _/^?l(l/ art<i conclusive," with the same agreement as before witli respect to legislation.* A like Order in Council was passed by the Ontario Government. It is not pretended that the arbitrators received any instructions beyond the Orders in Council. The statements of the case which were prepared by counsel for the respective Governments, and printed and laid before the arbitrators, discussed the question of boundaries as a matter of law.f The viva voce arguments also of counse on both sides before the arbitrators dealt with the question as a matter of law ; | and the Award affirms that it determines and decides " what are and shall be the northerly and westerly boundaries of the Province."^
To assume in the face of all this, and without evidence, that the arbitrators did not propose to find, or did not find, what in their opinion were and are the boundaries, the true boundaries, the legal boundaries, is what, in the view of my advisers, neither Govern- ment can possibly do on any principle known in law, or recognised in public or private transactions.
The case does not even rest here. Sir Francis Hincks, the Arbitrator for the Dominion, has taken occasion to communicate the facts to the public. In a lecture delivered by him on the 6th May, 1881, he states that "the arbitrators were guided in their decision solely by Acts of Parliament, proclamations authorised by Orders in Council on the authority of Acts of Parliament, and international treaties. . . . The arbitrators were of opinion that, having reference to all the facts of the case, the boundaries set forth in the Award were supported to a larger extent than any other lines by these facts, and by the considerations and reasons which should and would guide and govern the determination of the questions by any competent legal or other tribunal." In the lecture he gives a resume of the grounds on which th? arbitrators proceeded, and all of these go to shew the legal boundaries. As to the western boundary, he says that " the arbitrators were clearly of opinion that the international boundary at the north- western angle of the Lake of the Woods was the true point of departure." This point settled the western boundary as awarded, and it is in this district of the Province that the Federal authorities have actively interfered with the rights of the Province, and that the territory is most valuable, and a vigorous administnition of justice most needed. The northern boundary (in the opinion of the arbitrators), owing to the vagueness of the language employed in the proclamation issued under the Act of 1791, is more "open to doubt ;" but the doubt of the arbitrators was, as Sir Francis Hincks states, " whether Ontario should not have had more territory ; " not whether it should have had less.
• Sessional Papen, OnL, 1879, Nu. 42.
t Sessional Papers, Ont., 1879, No. 13 ; Report of House of Commons, 1880 ; Appendix to Journals, pp. 2.37, 291.
X Keix)rt of Hnvise of Commons, 1880, pp. 262, .TOl, 32.5.
§ lleport iif Iinun<lary Committee. House of Commons, 1880, p. 480.
12
45 Victoria. Sessional Papers (No. 23). A. 1882
Indeed, the groundlessness of tlie notion that the Award gives to Ontario more territory than it is entitled to is further demonstrated by the statement of Sir Francis in the Same lecture, that " the only questions of doubt were decided in favour of the Dominion ; that both on the west and north the doubts were whether Ontario should not have had more territory." Your despatch objects to considerations of "convenience" being taken into account, as if such considerations could have nothing to do with the question of legal boundaries ; yet convenience, or the argument ab inconvenienti, is a recognised element of legal interpretation where other considerations leave a question of construction in doubt.
Against all this evidence that the question which the arbitrators considered (whether they were bound to do so or not) was the question of the true legal boundaries, and that what they awarded was what they believed to be the true legal boundaries, your despatch suggests merely two circumstances : (1) that two of the arbi- trators were laymen ; and (2) that the Act of the Ontario Legislature 3S Vic, chap. 6, affords an inference in favour of the Federal assumption. An elaborate argument with regard to either point is unnecessary. As to the first point, four things may be shortly observed : (1) The question to be arbitrated upon involved facts as well as law. (2) If two of the referees were laymen, the remaining arbitrator, the late Chief Justice Harrison, was an able lawyer and Judge — a gentleman, it may be added, who was a Conservative in politics, and an old personal friend of the present First Minister of Canada. (3) The two arbitrators chosen by the Governments in 1874 were Judges — Chief Justice Richards and Judge Wilmot ; Sir Edward Thornton was soon afterward selected by the two Gov- ernments as the third arbitrator. (4) The case was one in which eminent publicists like Sir Edward Thornton and Sir Francis Hincks were, by their training and mental habits, quite as well fitted as any lawyer to ascertain and determine the legal boundaries. Sir Edward Thornton, it may be observed, had four successive times been accredited to great Courts in Europe and America as an Ambassador of the highest rank and with full powers. He possessed, moreover, a most unusual topographical knowledge of this continent. Sir Francis Hincks had spent nearly half a century in colonial life, and had filled positions of the largest responsibility in the public service of Canada.
Then, as to the inference suggested from the Ontario Statute * passed under the provision contained in the Imperial Act, 34 and 35 Vic, chap. 38, which enabled the Par- liament of Canada to increase, diminish, or otherwise alter the limits of a Province with the assent of its Legislature, it is only necessary to observe that the British North America Act contained no provision for settling questions of boundaries between Provinces, or between a Province and the Dominion ; that, as between Canada and New Brunswick in 1851, a special Imperial Act for a like purpose was deemed expedient ; and that by the legal effect of the Imperial Act, 34 and 35 Vic, chap. 38, con- current Statutes by the Parliament of the Dominion and the Legislature of Ontario, fixing the true legal boundaries, would be as effectual as if a variation of the legal boundaries had been intended.
But would it be correct or proper to repudiate the Award if there had been some
* E. S. 0., chap. 4 ; 42 Vic, chap. 2. 13
45 Victoria. Sessional Papers (No. 23). A. 1882
reason — which there is not — for assuming or supposing that it gave to Ontario boundaries somewhat more extensive than its strict legal boundaries 1 Whether the Award has or has not given accurately the true legal boundaries, it certainly does not assign to Ontario as much territory as Canadian Governments of which His Excellency's present Chief Adviser was either the head or a distinguished member, had repeatedly and confidently claimed for this section of Canada from the year 1857 up to the year 1870. Nor so much as was claimed for UpperCanadaon the loth January, 1857, when a Minute of Council, approved by His Excellency the Governor-General, was transmitted to the Colonial Secretary, in which it was stated that " the general feeling here is strongly that the western boundary of Canada extends to the Pacific Ocean." * Nor so much as in an oflicial paper of the same period, the Commissioner of Crown Lauds of Canada claimed for us, when he asserted that the westerly boundary of the Province extended " as far as British territory not otherwise organized would carry it, which would be the Pacific ; or, if limited at all, it would be by the first waters of the Mississippi, which a due west line from the Lake of the Woods intersected, which would be the White Eartli, River ; " and when with respect to the northerly boun- dary the Commissioner pointed out that " the only possible conclusion is, that Canada is either bounded in that direction by a few isolated posts on the shore of Hudson's Bay, or else that the Company's territory is ... a myth, and consequently that Canada has no particular limit in that direction." Nor has so much been awarded to us as Chief Justice Draper was in the same year sent to England by the Canadian Government for the very purpose of claiming or demanding for this section of the Province, as against the Hudson's Bay Company.! Nor so much as that distinguished Judge claimed accordingly before a Committee of the British House of Commons in May and June of that year. J Nor so much as in a letter from him dated 1 2th .June, 1 857, after he had elaborately examined the question, he communicated the opinion that we had a " clear right to."S Nor so much as the Dominion Ministers, Sir George E. Cartieraud the Honourable William McDougall, in an official letter to Sir Frederick Rogers, Bart., Under-Secretary of State for the Colonies, dated 16th January, 1869, insisted that Upper Canada so clearly included that " no impartial investigator of the evidence in the case could doubt it." |1 But for the cir- cumstance that, as between Great Britain and the United States, by the joint effect of the Treaties of 1794, 1814, 1818 and 1842,11 the source of the Mississippi was taken to be as between the United States and the British possessions, in Turtle Lake, at a point in nearly the same longitude as the most north-western point of the Lake of the Woods, the arbitrators could hardly have failed to hold that our westerly boundary was to be found at White Earth River, west of the Province of Manitoba as constituted previously to its extension by the Federal Parliament at its last session.
My Advisers feel surprised that, under all these circumstances, the Federal authorities should appear to have applied themselves for two years and more to the task of finding some plausible ground for repudiating the Award, even though they may hope (what luy
• Senional Pai>er«, Canada, 1857. Vol. 1.5, No. 17.
+ Cana<la Sesginnal Paper*. 18">7, No. 17.
X Hudson's Bay Kept. Tom., Englanii, 18.%7, pp. 212, 374, etc.
§Book Arb. Doc., p. 3ai.
5 lb. p. 324.
1 lb. pp. 20 and 21.
14
45 Victoria. Sessional Papers (No. 23). A. 1882
Advisers deny) that a rigid technical interpretation of the documents, in connection with the other evidence relating to the subject, might possibly limit the boundaries of the Province still further.
Your despatch says that the North-West Territory (of vt-hich the now disputed territory is assumed to be part) " was acquired on behalf of, and was in fact held for, all the Provinces comprised in the Dominion." In saying this, the Federal Government overlook the circumstances under which, and the means by which, the 80-called acquisition was accomplished. In all the negotiations with the Hudson's Bay Company, the Federal Government insisted that almost the whole territory so said to have been acquired belonged already to Upper Canada (now Ontario) ; that the Hudson's Bay Company, so far as they were in possession of any part of this territory, were but squatters on it*; that this was perfectly clear ; that "no impartial investigator of the evidence could doubt it." So strong were the grounds on which this contention rested, that the Company, acting under the advice and with the aid of the ablest counsel, and of some of the shrewdest men of business in England, gave up their claim to some 1,300,000 square miles of territory — half a continent — in consideration of being allowed to retain about 12,000 square miles of it, and of receiving for the rest the comparatively paltry sum of .£300,000 sterling.! The United States of America gave to the Russian Government in 1867 nearly five times as much ($7,200,000) for the comparatively barren and valueless territory of Alaska, with an area not nearly half that to which the Hudson's Bay Company released its claim. The comparatively small sum mentioned was accepted by the Hudson's Bay Company because of the reason there was to apprehend that the legal boundaries of Upper Canada wou^d be held, if submitted to a trial, to include all or nearly all the territory which the Canadian Ministers claimed for it, instead of merely the 100,000 square miles, the right of Ontario to which the Federal authorities now persistently resist, in spite of a solemn Award, and in spite also of the previous contentions and demands of Ministers of the Dominion itself.
It is further to be observed that the Hudson's Bay Company never pretended, as against the territorial jurisdiction of Upper Canada, that they had any claim under their Charter to any territory south of the Height of Land.
In the claim against the Hudson's Bay Company, the Dominion Government were trustees for Ontario ; and, on principles well recognized in equity jurispru- dence, their compromise of the claim should enure to the sole benefit of Ontario, on condition only of this Province making good the paltry sums by which the com- promise was efiected. On the equitable principles referred to, as these are constantly applied between individuals, the Dominion Government had and have no right, without the consent of the Legislature and Government of Ontario, to hold the territory for the other Provinces of the Dominion. This consideration does not affect the question of what the legal boundaries of Ontario are, but does greatly strengthen the political and moral obligation of the Award being accepted by the Dominion frankly and promptly, and may be important hereafter in determining the
» Book Arb. Doc. p. 324 ; Letter to Sir J. RoKers, 16th .Jan., 1869. t See Book Arb. Doc. , p. 407 ft seq.
15
45 Victoria. Sessional Papers (No. 23). A. 1882
questions which may arise between the Dominion and Ontario consequent on the delay which has occurred, and on the use made by the Dominion of the territory acquired by means of the supposed and asserted rights of this Province and otherwise.
It seems to my Advisers incredible that the Federal Government can have had all these considerations in mind when placing so much stress on the supreme " duty " of " rigidly ' confining Ontario to its strictly " legal bounds," even at the expense of repudiating a solemn Award, made in good faith by arbitrators as distinguished, and as well qualified for their office, as could be found on this continent, or indeed anywhere.
The objection of the Federal Government to a settlement of the question by arbitra- tion is further remarkable (in the view of my Advisers], because arbitration has always been a customary mode of settling questions of this very kind between two Governments.
It is scarcely necessary to illustrate so frequent an event in history, or so elementary a principle in international or municipal Law, as the settlement of disputed boundaries by reference. As early as 1697, a portion of the very territory now in dispute was by the Treaty of Ryswick made the subject of an arbitration, the parties submitting to the arbitration being no leas personages than William III. of England, and Louis XIV. of France. The commissioners were "to examine and determine the rights and pretensions which either of the said kings hath to the places situated in Hudson Bay;" and the articles agreed to by the commissioners "shall be satisfied by both kings, and shall have ifie same force and vigour as if they were inserted word for word in the present Treaty." Even within the Canadian annals of this century there is a precedent, which is not without significance, for the arbitrated settlement of disputed boundaries between Provinces. In 1846, in order to adjust a boundary tlispute which had prevailed since the Ashburton Treaty between Canada and New Brunswick, Mr. Gladstone, then Secretary for the Colonies, constituted a Boundary Commission of the Attorney-General for Nova Scotia, and two officers of the Royal Engineers. A report was made defining a conventional boundary as the best attainable. The documents chiefly involved in that question were, as in the question now under discussion, the Proclamation of 1763, the Treaty of Utrecht, the Quebec Act of 177i, a Governor's Commission, aud contemporary Maps and State Papers. The finding of the Commission was unfavourable to the Province of Canada, and its Executive Council disputed the "justice or equity of the recommendations of the Imperial Commissioner."* In view^ of the controlling importance attached by the Federal authorities in the present case to the strictly legal boundaries as being those only to which attention should be directed, the reply of Earl Grey (2nd June, 1850) reads curiously. His Lordship said that "The decision of a court of justice appears unsuited to the case. The >|uestion in a legal point of view seems to turn on the words of the Quebec Act of 1774. But a tribunal could scarcely pronounce a decision which should define the whole line of separation between the Provinces. And, even if it could do so, it could only interpret and follow the letter of the Act, and not adopt any line of compromise which might be moat advan- tageous to both parties." The matter was afterwards submitted to arbitration, the Gover- nor-General selecting one arbitrator, the Lieutenant-Governor of New Brunswick another, and the two arbitrators choosing a third. After some delay a majority Award was rendered,
*SeHioiiftl Pkpera, Cuiada, 18S2-53, App. '/.Z, p. L IG
45 Victoria. Sessional Papers (No. 23). A. 1882
reaffirming in the main the report of Mr. Gladstone's Commissioners, and the Award was enacted into the Imperial Statute 14 and 15 Vic, Chap. 63.
Now that you have communicated to the Government of Ontario, for the first time, the grounds on which the opposition of your Government to the Award proceeds, or is supposed to be defensible, and have thus given to this Government the opportunity of discussing the matter with your Government, my advisers are unwilling to think that the overwhelming reasons which this simple statement of the facts affords for a recognition of the Award, may not even now prevail with your Government to acquiesce in the Award, and to obtain from Parliament at its present session the proper legislation, as well as to get the Legislature of Manitoba to abandon the claim which the Federal Parliament transferred to that Province, in regard to the 39,000 square miles on the westerly side of Ontario.
The transfer to Manitoba included the 7,000 square miles of territory lying south of the Height of Land, and west of the line to which the Federal authorities desire to limit this Province. I have said this territory was not claimed by the Hudson's Bay Company under their charter, nor was there any ground or pretence for so claiming it. Before 1870 it had been treated at all times, and for all purposes, as belonging to this section of Canada. As such it had before Confederation been the subject of grants, licenses, and other transactions on the part of the Provincial Government. So much of the territory as was from time to time settled or occupied by a white population was governed, with- out any question on the part of anybody, by the laws, courts and officers of Upper Canada; and since Confederation the same territory has uninterruptedly been governed by the laws, courts and officers of Ontario; it has had municipal organization as part of this Province ; the Ontario District of Algoma has for all purposes of the Dominion and Province been considered to include it; and Provincial money has from time to time been expended in making surveys, and in making roads, bridges, and other improvements, and in administering justice and maintaining peace and order in the territory. The land is part of certain territory which was the subject of an Order in Council of the Government of Canada, and of a treaty by that Government with the Indians, as long ago as 1850. To this territory Mr. Ramsay, counsel for the Dominion, reported (18 March, 1873) that Ontario was equitably entitled. He justly said that "in creating the Province of Ontario, it is not possible to conceive that the Imperial Legislature intended to convey to that Pro- vince, and to the Province of Quebec, less territory than the late Province of Canada actually enjoyed. Now, it is incontestable that up to 1867 the Government of Canada de facto extended to the Height of Land which forms the water-shed of the water
system of the St. Lawrence and the Great Lakes It would therefore seem that in
fairness to the Province of Ontario the old line of the Height of Land should be adopted as the western as well as the northern boundary of the Province of Ontario."* Thus, in refusing to leave this territory with Ontario, and in transferring to Manitoba their claim to it, the Federal authorities have endeavoured to take from Ontario territory which the chosen counsel of the Dominion Government, a Queen's Counsel of the Quebec Bar, had told that Government "it is not possible to conceive that the Imperial Parliament intended"
* Report of Boundary Com., H. C, Canada, jlSSO, p. 218. 17
45 Victoria. Sessional Papers (No. 23). A. 1882
to withdraw from this Province ; and to which he declared it to be " incontestable that up to 1867 the Government of Canada, de facto [and therefore Upper Canada, de facto\ extended," and which, in "fairness to the Province of Ontario," it should be allowed to retain. But all these considerations have been disregarded.
The only shadow of claim which the Federal Government can have to this portion of the disputed territory appears to be under an Order of Her Majesty in Council, dated 31st July, 1880, annexing to Canada all British territory in North America not already belonging to it (except Newfoundland).* And if the legal interest in the territory in question became thereVjy vested technically in the Dominion, it is manifest that, both under the Award and independently of it, the authorities of the Dominion should have treated their .acnuisition as a trust for Ontario, and should at once have transferred the territory to this Province, instead of making it over, or endeavouring to make it over, to another Province.
Your despatch proposes that Ontario should abandon the Award, and submit the question anew to the Supreme Court of Canada for adjudication. This is the mode whicli your despatch intimates that your Government now prefer to any other for a new litigation of the question of title. It seems to my advisers to be remarkable that if this mode of settlement is so peculiarly appropriate and desirable as your despatch contends, the suggestion is now made for the first time. A great and obvious difference l)etween a submission to the Supreme Court now, and a direct immediate refer- ence to the Judicial Committee of the Privy Council is, that the former course would create years of further delay and involve great additional labour and expense ; and with- out any advantage, as the final decision would be by the Privy Council. The proposal implies, too, that your Government contemplate that the evidence shall be taken anew, and according to the usual practice of taking evidence in ordinary cases. A suit, involving facts covering a period of nearly two centuries, and requiring documentary and other evidence from tlie Imperial archives in London, the archives of the Hudson's Bay Com- pany, the Public and other Records in Paris, Washington, Albany, Quebec, Ottawa, and elsewhere, would afford unusual occasion for repeated and long-continued delays and innumerable harassing questions of procedure. If the object were delay, no better means of delaying a conclusive decision could be devised. My Government decline consenting to the submission.
The propo.sal for inviting one of the two Law Lords named in your despatch, or "some other eminent English legal functionary," to come to Canada "for the purpose of hearing the evidence and deciding upon the boundary question a.s one of law," seemB to my advisers to stand next in order as a means of indefinite delay. In view of the objection taken by your Government to any form of arbitration, my Advisers were sur- prised at the proposal to submit the question to another referee, sitting alone, and without appeal, and who, though an Englisli judge, would in this matter be acting as an arbitrator. Then it is extremely doubtful if either of the noblemen named would accept tlie invita- tion, especially in view of the time which taking the evidence might occupy; and if •ither were willing to accept the reference, my Advisers are of opinion that the decision
• Uom. StstutM, 1880, 1881, p. iz. IN
45 Victoria. Sessional Papers (No. 23). A. 1882
of the question by any ouo English .Tuiltje, however exalted, would not " command gen- eral assent " to the same extent, or to anything like the same extent, as the decision of three Arbitrators of such eminent ability, and so well known to our people, and standing so high in public estimation here, as Sir Edward Thornton, Sir Francis Hincks, and the late Chief Justice Harrison. It may further be observed that no English judge has jurisdiction in his own country to adjudicate on the. title to an acre of land, except subject to appeal ; and that this Province should voluntarily abandon the adjudication of the three Arbitrators named, in order to have another trial and decision by one English judge, without appeal, as to the title to 100,000 miles of territory, is a proposal which does not commend itself to my advisers as one possible to entertain.
I may refer here to the charge which you make against the Government of Ontario, of refusing to contribute any land of the Province to the construction of the Pacific Rail- way, while you contrast with this alleged refusal the fiduciary character which your Government hold " in regard to the various Provinces of the Dominion whose money was expended in the acquisition of the territory, and who are now largely exerting and taxing themselves for the purpose of constructing a line of railway through it ;" and you also contrast with the assumed refusal of the Ontario Government the course of the Dominion in largely contributing to the work "out of the North-West Territories of the Dominion." My Government are not aware of any application to them by your Govern- ment for any contribution, in land or otherwise, to the work mentioned. My Advisers are of opinion also that in making the charge you have forgotten that the greater part of the territory referred to, and by far the more valuable part, was acquired by the Dominion through setting up the title thereto of Ontario in opposition to the Hudson's Bay Company ; that so far as regards that portion of the territory which does not in law or equity belong to Ontario alone, Ontario is one of those Provinces of the Dominion to whom the North-west Territories belong, whose money has been expended in their acquisition, and whose people are taxed to construct the railway ; and that, in fact, by far the larger part of the money so expended and of the taxes so imposed is contributed by the people of Ontario. It is with their money and their lands, far more than with the money or lands of any of the other Provinces, that the railway is being constructed ; and why Ontario should be called on to oflFer a further contribution out of lands within its own bounds, towards implementing the contract entered into for this Dominion work, my Advisers fail to perceive.
The expressed object of my despatch of the 31st of December last was to ascertain oflicially whether your Government could not be induced, without making further unne- cessary delay, to consent to some just and adequate arrangements for the government of the country, the preservation of the timlier, the granting of titles to settlers, and the recognition of an undisputed authority to enforce order and administer justice. The evils of the existing state of things in the disputed territory are already so great, and are increasing so rapidly, and it had become' "so important that this Province should without further delay have peaceable and undisputed possession of whatever limits it is entitled to," that my Government were " willing, with the concurrence of the Legislature, to submit
45 Victoria. Sessional Papers (No. 23). A. 1882
the matter to the Privy Council on condition of consent being given by the Dominion Government, and that of Manitoba, to just arrangements for the government of the country in the meantime. Without such provisional arrangements " my despatch stated that the Province might as well wait for the confirmation of the Award by another Parlia- ment, as go to the expense and have the unavoidable delay of a second litigation. I there- fore desired to know whether the Dominion Government were willing to agree to the provisional arrangements which had theretofore from time to time been suggested in written communications by this Government, and by the Attorney-General on their behalf, and which my despatch repeated ; and if your Government were not willing to agree to the arrangements specified, I desired to be informed what the b&st terms were to which your Government were prepared to agree.
With respect to provisional arrangements, my advisers regret to find, from your despatch, that the Federal Government decline to agree to the suggestion that, " pending the dispute, the Province should have the authority of the Dominion to deal with the lands and timber as in the other parts of the Province (subject to an account if the title should ultimately be decided to be in the Dominion and not in the Province);" and my advisers further learn with regret that the Federal Government decline to make any arrangement whatever as to either the timber or the lands, and even intimate that if the provisional arrangement of 26th June, 1874, which gave to the Dominion the tem- porary right of selling lands west of the provisional line is at an end, the effect will be held by the Federal Government to be, " to leave both parties to assert their own rights, in reference to all the questions involved, " — an observation which seems to mean that the Federal Government will in that case "proceed to deal at their discretion with the lands on both sides of this line, notwithstanding the di.spute as to the title.
My Advisers are of opinion that no provisional arrangements can be adequate which do not (amongst other things) include just arrangements regarding the sale of lands, and the preservation of timber. Even to leave to Ontario the sole government of the country pending the dispute, while the Federal Government continue to deny to this Province the right of dealing, provisionally or otherwise, with a single mile of the territory, or a single tree growing thereon, and insist on remaining unshackled in their own dealings with both land and timber to which they have no right, would be a concession of little practical value, and entirely insufticient to justify the abandonment by this Province of the awarded rights which it po.ssesses.
But your d(!spatch does not even propose to leave to Ontario the sole government of the teiritory pending the di.spute. My advisers understand from the manner in which your despatch refers to the laws of (.)ntario, that the mPAuing of your proposal is, that the two Provincial Governments should have concurrent authority in the territory — an arrangement which my advisers respectfully think would in practice be absurd and impossible. To remedy in any atlequate way the present unhappy state of the territory, my ad\-i8er8 consider it absolutely necessary that (pending the dispute) the Ontario Lieutenant-Governor in Council should, in the territory in question, have the authority which, in the public interests, is exercised in the otlier parts of this Province, and is no I'>k« m-edi'd in this iin.setHcd territory.
2U
45 Victoria. Sessional Papers (No. 23). A. 1882
So, the Legislature of Ontario should be at liberty (pending the dispute) to legislate for the territory from time to time, as i^s needs and interests require. My advisers are of opinion that for the peace and order of the territory, the due administra- tion of justice, the development of the country, and the interests of settlers and others, nothing short of an unqualified application to the territory of all the laws of Ontario, including the authority of its Government and Legislature, would accomplish the objects in view ; and my advisers entirely fail to see that any legitimate purpose would stand in the way of such a provisional arrangement. As observed in my former despatch, it is not to be supposed that the Province of Manitoba, with its small revenue, and with the enormous demands upon it for the government and development of its undisputed territory, can desire the furtlier expense and responsibility of the tem- porary government of 39,000 miles of disputed territory, which may never be theirs, and to which such of the people of Manitoba as may take the trouble to learn the facts must feel it not improbable that Ontario has the right.
If a provisional arrangement were made, and confirmed by proper legislation, for the government of the country by Ontario without dispute until tlie settlement somehow of the question of title, there miglit not be excessive embarrassment or inconvenience in giving effect to the suggestion " that all Justices of the Peace residing in the disputed territory should receive commissions from both Ontario and Manitoba ;" or, perhaps, in giving eflFect to the further suggestion, " that all the judges of the two Provinces should . be put in a joint commission as regards the disputed territory," if these concessions should be required by the authorities of the Dominion and of Manitoba ; but the details necessary for carrying out these suggestions would require careful consideration by all parties concerned.
With reference to your observations on the enlargement of the boundaries of Manitoba by the Act of last session, this Government have made no complaint of the extension of that Province by the addition to it of undisputed territory. On the con- trary, in my despatch of the 15th March last, it was observed that "so far as the territory to be comprised within the limits of the Province of Manitoba is clearly and undisputably within the jurisdiction of the Parliament of Canada, my Government rejoice at the extension of that Province, as affording a wider scope for the energies of its people and Government, and as giving to a large number of settlers in Keewatin and the North- West territories the direct benefit of Provincial and Municipal Government. But while the extension of the boundaries in directions as to which there is no dispute is matter of con- gratulation," the transfer of the disputed territory to that Province was strongly objected to, for reasons there set forth. A hope was expressed, which the result proved to be vain, that, in view of the representations made in the despatch, your Government might " even yet see fit so to modify the measure before Parliament as to deprive it of its objec- tionable features, while still conceding all necessary advantages to the Province of Mani- toba, in whose rapid progress and development this Province, as a portion of the Dominion, feels profound satisfaction."
The wrong which your Act of last session did, consisted, not in adding to the Province of Manitoba nearly 100,000 miks of undisputed territory, but in ujaking the
21
45 Victoria. Sessional Papers (No. 23). A. 1882
further unnecessary and objectionable addition of .39,000 miles of territory not only disputed, but in fact belonging to this Province. This feature of your Act greatly complicated mattei-s, inasmuch as the Government of that Province has since assumed to exercise jurisdiction in the disputed territory, with the concurrence and approval of your Government ; and inasmuch also as the consent of the Government and Legislature of Manitoba became thenceforward necessary to any arrangements which the Federal authorities and those of Ontario might see fit to make, whether for detei-min- ing the question of right, or for providing for the government of the country pending the dispute. It is satisfactory to learn from your despatch, that your Government are con- fident that the Government and Legislature of Manitoba would concur in any arrangement of which your Government may approve. But if the Federal Government will make no just provisional arrangement in regard to the lands and timber ; and contmue, notwith- standing the dispute, to deal with these as subject to their own discretion ; and yet demand that this Province abandon the Award, and submit to a new litigation of the question of title, as the condition of making or procuring the other just and nece.ssary provisional arrangements proposed, my Advisers are of opinion, and feel bound frankly to state it, that Ontario should not and will not submit to a demand which they cannot but consider most unreasonable.
I am ad^^sed to remind you that Ontario with its awarded boundaries Las not 60 large an area as either Quebec or Keewatiii ; or an area much exceeding the undis- puted territory given to Manitoba; or much more than half the area of British Columbia.
Your despatch seems to intimate that no licenses have been issued to cut timber east of the provisional boundary line agreed to in 1874 (you mention the year 1870, it is presumed, by mistake) ; and you add, that information regarding all pennits, licenses and other transactions would be readily furnished to the CJovernment of Ontario at any time. This Government did not suppose that any licenses had been issued by the Federal Government to cut timber ca.st of the provisional line, and will \to glad to be furnished with the information promised in respect to thcii- transaetions of any kind in this part of the disputed territory.
My Advisers regret that your Government ijivc no information, and do not apparently offer any, with re.spect to transactions affecting that important part of the disputcil t^erri- tory which lies west of the provisional line, though such information has lioen repeatedly requested on behalf of the Ontario Government. My Advisers once more respectfully insist that, whether the title of Ontario to the territory is disptit<>d or rtdmitt<'d, and whether the provisional agreement of 1874 is in force or at an end, the Government and people of Ontario are cntitletl to full information respecting these transactions, including; (as my despatch of the Slat December mentioned) copies of all gi-ants, licenses, permits, regulations, in.structionK, letters, documents and papei-s of every kind relating to the same.
My Advisers regret also that your Government have not thought fit to give any answer to that part of my despatch which referred to the reported grant to the Pacilie liailway Conijiany of Imnl for tlieir line of road through the disput<-(l UTritory, and (for tiiiil>er
22
45 Victoria. Sessiomil Papers (No. 23). A. 1882
purposes) a breadth of twenty miles on each side of this road throughout its whole length, or to my request for copies of Orders in (Jouncil and other documents, if any, relat- ing to the transaction.
Your despatch refers to an interview of Sir Jolm Macdonald and the Minister of Justice with the Attorney- General on the 21st November last. The Attorney-General considers that there are several ( no doubt uaintentional) inaccuracies in what is said or implied in your despatcli as to this interview, and as to what took place then and afterwards. I do not deem it necessary to refer to any of these inaccuracies further than to observe that the interview was not " sought " by the Ministers named, but by the Attorney -General, in letters to Sir John Macdonald and Sir Alexander Campbell respec- tively;, and that the Attorney-Gaaeral's communication to the Minister of Justice with respect to the proposed reference to Lord Cairns or Lord Selborne was made on the 30th of the same month, and not at a more recent date. But whatever may or may not have been said at that interview or otherwise, your despatcli states what your Government desire now with a view to the settlement of the dispute, and what provisional arrangements your Government are willing now to make ; and, while my Government do not approve of either of the two modes of settlement which you prefer in case there should be a new litigation, and though they regard the provisional arrangements which you mention as entu-ely insufficient to justify (for the sake of snch arrangements) a recom- mendation to the Legislature of Ontario to abandon any of the awarded rights of the Province, and at this late date to voluntarily enter upon a new litigation on the question of Title ; still, my Government trust that the Federal authorities will recognize the duty of making the provisional arrangements required without attempting to exact from the Province, as a condition, the abandonment of its awarded rights, and a new litigation of the question of Title.
The evils which the territory is enduring in consequence of the dispute should surely be reduced to a minimum by every means in the power of the Federal authorities. The dispute is by them ; the evils are of their creating ; and no one can justify leav- ing this immense territory without settled laws and settled government. Ontario has a special interest in this object, apart from the value of the territory, its lands and mines and timber ; as many of the people of the Province have gone there to settle or to trade, and more desire to go. Some local improvements, too, which Ontario might at once undertake, would serve to open and develops important sections of the country. Municipal organization is already necessary in some localities, and our people in the territory desire the extension to it of our school system, and desire that assistance from our School Funds which our people in the rest of the Province receive. It is with the laws of this Province that the settlers are familigir ; the Province has organized courts in the territory, and has appointed officers to administer our laws. My Advisers hope that, without attempting to exact from the Province conditions to which its representa- tives cannot agree, the Dominion authorities will at last take the "measures necessary to prevent confusion in these important respects ; " will, as regards criminal matters, supply by the proper legislation the deficiencies pointed out by this Government in past communications with respect to the Dominion Statute 43 Vic, chap. 36 ; and will, as
23
45 Victoria. Sessional Papers (No. 23). A. 1882
regards matters of Provincial jurisdiction, obtain the consent of Manitoba to the legis- lation immediately required for placing beyond question the subjection of the territory to all the laws of Ontario, until the termination of the dispute which the Dominion authori- ties have raised. My Advisers respectfully suggest that the simplest and best way of accomplishing the last of these necessary objects would be, by obtaining from the Legislature of Manitoba an Act consenting to the repeal of so much of the Act of last Session as had the effect of assigning to that Province the claim of the Dominion to 89,000 square miles of the disputed territory, and by procuring from the Federal Parlia- ment an Act giving effect to such consent, and containing the other necessary provisi ns for securing the important objects mentioned.
But I am advised that no provisional arrangement would be so satisfactory, or so beneficial to the development and settlement of the territory, the maintenance of order, and the due administration of justice therein, as the just course of obtaining, without further delay, by proper legislation from the Federal Parhament and the Legislature of Manitoba, the recognition of the Award as a final adjustment of the boundaries of this Province. The evils already endured are beyond recall, but the continuance or aggra- vation of them from this time forward is in the liands of your Government.
I earnestly commend all these considerations to the best attention of the Federal Government.
I have the honour to be, Sir,
Your obedient servant,
J. B. ROBINSON. To the Honourable J. S. Mousseau,
Secretary of State, Ottawa.
2i
45 Victorui. Sessional Papers (No. 24). A. 1H82
CORRESPONDENCE
With reference to Resolutions of Legislative Assembly passed 3rd March, 1881.
By Command,
ARTHUR S. HARDY,
Secretary, Provincial Secretary's Office,
Toronto, , 1882.
1. DESPATCH OF HIS HONOUR THE LIEUTENANT-GOVERNOR TO THE HONOURABLE THE SECRETARY OF STATE.
Toronto, March 4th, 188L
Sir, — I have the honour herewith to transmit a copy of the Resolutions adopted yesterday by the Legislature of this Province with regard to the delay, on the part of the Government of Canada, in giving effect to the Award of the Arbitrators appointed to determine the northerly and westerly boundaries of Ontario. For the Resolutions seventy-five Members voted Yea, while but one voted Nay. In view of the interests concerned, and of the unanimity of the Legislature now for the second time recorded, my Government express the hope that the present Session of the Dominion Parliament will not be permitted to close without the legislation confirming the said Award.
I have the honour to be, Sir,
Your obedient servant,
The Honourable
The Secretary of State, Ottawa.
(Signed) JOHN BEVERLEY ROBINSON,
Lieutenant-Governor of Ontario,
45 Victoria. Sessional Papers (No. 24). A. 1882
2. ACKNOWLEDGMENT FROM SECRETARY OF STATE TO HIS HONOUR THE LIEUTENANT-GOVERNOR.
Ottawa, 7th March, 1881.
Sir, — I am directed to acknowledge the receipt of your De.spatch of the 4th in.st., enclosing a copy of the Resolution.s adopted on the 3rd iust. by the Legislature of the Province of Ontario, with regard to the delay in giving effect to the Award of the Arbitrators appointed to determine the northerly and westerly boundaries of Ontario, and expressing the hope of your Government that the said Award may be confirm^ during the present Session of the Dominion Parliament.
I have the honour to be. Sir,
Your obedient servant,
(Signed) EDOUARD J. LANGEVIN,
Under-Secretary of Slate. His Honour
The Lieutenant-Governor of Ontario,
Toronto.
45 Victoria. Sessional Papers (No. 25). A. 1882
(No. 25.)
Return of copies of all correspondence, subsequent to that already brought down, between the Government of Ontario, or any member thereof, and the Government of Canada, or the Govern- ment of Quebec, with reference to settlement of financial matters between the Provinces of Ontario and Quebec and the Dominion of Canada.
45 Victoria. Sessional Papers (No. 26). A. 1882
(No. 26.)
Eeturn shewing the various kinds of Wheat experimented on at the Agricultural College, and the counties from which it came. {Not Printed.)
46 Victoria. Sessional Papers (No. 27). A. 1882
(No. 27.)
Order in Council, and a Report of the Honourable Attorney-General respecting certain appointments and arrangements under the Judicature Act. {Not Printed.)
45 Victoria. Sessional Papers (No. 28). A. 1882
(No. 28.)
antiug au (Not Printed)
Order in Council granting an A.ilowanoe to the Junior Judge of York.
45 Victoria. Sessional Papers (No. 29). A. 1882
COPIES
Of Orders in Council Commuting the Fees of certain County Court Judges.
Presented to the Legislative Assembly by Command of His Honour the Lieutenant-Governor.
ARTHUR S. HARDY,
Secretary. Provincial Secretary's Office,
Toronto, January 19th, 1882.
45 Victoria. Sessional Papers (No. 29). A. 1882
Copy of an Order in Council approved by His Honour the Lieutenant-Governor, the 25th day of March, A.D. 1881.
Upon consideration of the Report of the Honourable the Attorney-General, dated tlie 23rd day of March, 1881, and His Honour Judge Sinclair, Judge of the County Court of the County of Wentworth, having consented thereto, and it appearing that the income derived by the said Judge from fees payable under the Surrogate Courts Act amounted to one thousand one hundred and sixty -five dollars and fifty cents for the year 1879, the Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annual sum of one thousand dollars, such commutation to date from the 1st day of April next.
Certified,
J. G. SCOTT,
Clerk, Exectitive Council, Ontario.
Copy of an Order in Council approved by His Honour the Lieutenant-Governor, the 21st day of April, A.D. 1881.
Upon consideration of the Report of the Honourable the Attorney-General, dated the 20th day of April, 1881, and His Honour Judge Burnham, Judge of the County Court of the County of Ontario, having consented thereto, and it appearing that the income derived by the said Judge from fees payable under the Surrogate Courts Act amounted to five hundred and eighty-three dollars for the year 1879, the Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annual sum of five hundred and forty dollars, such commutation to date from the 1st day of May next.
Certified,
J. G. SCOTT,
Clerk, Executive Council, OntaHo.
Copy of an Order in Council approved by His Honour the Lieutenant-Governor, the 12th day of May, A.D. 1881.
Upon consideration of the Report of the Honourable Mr. Crooks, Attorney General pro tempore, dated the 10th day of April, 1881, and His Honour Judge Boswell, Jud^e of the County Court of the United Counties of Northumberland and Durham, having consented thereto, and it appearing that the income derived by the said Judge from fees
3
45 Victoria. Sessional Papers (No. 29). A. 1882
payable under the Surrogate Courts Act amounted to six hundred and fifty-nine dollars and fifty cents for the year 1879, the Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annual sum of six hundred dollars, to be paid in monthly instalments, such commutation to date from the 1st day of June next.
The Committee further advise that it be a condition of the said commutation that the Judge shall see that the fees to which the Crown is entitled are duly paid in stamps, and that such stamps are properly cancelled.
Certified,
J. G. SCOTT,
Clerk, ExectUive Council, Ontario.
Copy of an Order in Council approved by His Honour the Lieutenant-Governor, the
27th day of May, A.D. 1881.
Upon consideration of the Report of the Honourable Mr. Crooks, Attorney-General ]iro tempore, under R.S.O., cap. 14, sec. 3, dated the 6tli clay of May, 1881, and His Honour Judge McDonald, Judge of the County Court of the United Counties of Leeds and Grenville, having consented thereto, and it appearing that the income derived by the said Judge from fees payable under the Surrogate Courts Act amounted to five hundred and thirteen dollars and seventy cents for the year 1878, the Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annual sum of four hundred and eighty dollars, to be paid in monthly instal- ments, such commutation to date from the 1st day of June next.
The Committee further advise that it be a condition of the said commutation that the Judge shall see that the fees to which the Crown is entitled are duly paid in stamps, and that such stamps are properly cancelled.
Certified,
J. G. SCOTT,
Chrk, Executive Council, Ontario.
Copy of an Order in Council approved by His Honour the Lieutenant-Governor, the 9th day of September, A.D. 188L
Upon the recommendation of the Honourable the Attorney-General, and His Honour Judge Deacon, of the County Court of the County of Renfrew, having consented thereto, and it appearing that the income derived by the said Judge from fees payable under the Surrogate Courts Act amounted to two hundred and sixty-four dollars for the
4
45 Victoria, Sessional Papers (No. 29). A. 1882
year ending 1st May, 1880, the Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annnal sum of two hundred and sixty -four dollars, to be paid in monthly instalments, such commutation to date from the 1st day of October next.
The Committee further advise that it be a condition of the said commutation that the Judge shall see that the fees to which the Crown is entitled are duly paid in stamps, and that such stamps are properly cancelled.
Certified,
J. G. SCOTT,
Clerk, Executive Council, Ontario.
t
Copy of an Order in Council approved by His Honour the Lientenant-Governor, the 13th day of September, A. D. 1881.
Upon the recommendation of the Honourable the Attorney-General, and His Honour Judge Kingsmill, Judge of the County Court of the County of Bruce, having consented thereto, and it appearing that the income derived by the said Judge from fees payable under the Surrogate Courts Act amounted to four hundred and nineteen dollars and eighty cents for the year 1880, the Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annual sum of four hundred and eight dollars, to be paid in monthly instalments, such commutation to date from the 1st day of October next.
The Committee further advise that it be a condition of the said commutation that the Judge shall see that the fees to which the Crown is entitled are duly paid in stamps, and that such stamps are properly cancelled.
Certified,
J. G. SCOTT,
Clerk, UxectUive Council, Ontario.
Copy of an Order in Council ajiproved by His Honour the Lieutenant-Governor, the 27th day of October, A.D. 1881.
Upon consideration of the Report of the Honourable the Attorney-General, dated the 25th day of October, 1881, and His Honour Judge Miller, Judge of the County Court of the County of Halton, having consented thereto, and it appearing that the income derived by the said Judge from fees payable under the Surrogate Courts Act amounted to four hundred and nineteen dollars and fifty cents for the year 1880, the Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annual sum of four hundred and seventeen dollars, to be paid in monthly instalments, such commutation to date from the 1st day of November next.
45 Victoria. Sessional Papers (No. 29). A. 1882
The Committee further advise that it be a condition of the said commutation, that the Judge shall see that the fees to which the Crown is entitled are duly paid in stamps, and that such stamps are properly cancelled.
Certified, ^
J. G. SCOTT,
Clerk, Executive Council, Ontario.
Copy of an Order in Council approved by His Honour the Lieutenant-Governor, the 19th day of November, A.D. 1881.
Upon consideration of the Report of the Honourable the Attorney-General, dated the 17th day of November, 1881, and His Honour Judge Gowan, Judge of the County Court of the County of Simcoe, having consented thereto, and it appearing that the income derived by the said Judge from fees payable under the Surrogate Courts Act amounted to four hundred and seventy-nine dollars for the year ending the 30th day of June, 1881, the Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annual sum of four hundred and seventy-nine dollars, to be paid in monthly instalments, such commutation to date from the Ist day of January, 1882.
The Committee further advise that it be a condition of the said commutation that the Judge shall see that the fees to which the Crown is entitled are duly paid in stamps, and that such stamps are properly cancelled.
Certified,
J. G. SCOTT,
Clerk, ExeciUive Council, Ontario.
Copy of an Order in Council approved by His Honour the Lieutenant-Governor, the 5th day of January, A.D. 1882.
Upon consideration of the Report of the Honourable the Attorney-General, dated the 5th day of January, 1882, and His Honour Judge Price, Judge of the County Court of the County of Frontenac, ha\-ing con.sented thereto, and it appearing that the income derived by the said Judge from fees payable under the Surrogate Courts Act amount<'d to seven hundred and fifty-two dollars for the year 1881, the Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annual sum of .seven hundred and fifty-two dollars, to be paid in monthly instalments, such commutation to date from the 1st day of February, 1882.
The Committee further advise that it be a condition of the said commutation that the Judge shall see that the fees to which the Crown is entitled are duly paid in stamps, and that such stamps are properly cancelled.
Certified,
J. G. SCOTT, ' Clerk, Executive Council, Ontario.
6
45 Victoria. Sessional Papers (No. 29). A. 1882
^''^\?^a'' ^J^'r ''' ^"T-^ approved by His Honour the Lieutenant-Governor, the 5th day of January, A.D. 1882. '
th« ^^!'T ''"f V'^^'"^*i°» °f the Report of the Honourable the Attorney-General, dated the 4th day of January, 1882, and His Honour Judge Scott, Judge of the County Court of the County of Pee , havmg consented thereto, and it appearing that the income fo two h "^ he sa:d Judge from ees payable under the Surrogate Courts Act amounted
,LV7>, r '^ M ^°'''^:°"' '^fr' ^°'' ^^^ y*^^'- IS^^l' '^^ Committee of Council advise that the fees payable to the said Judge under the said Act be commuted for the annual
tZ fr, h7 f " 7. T\ ^r*^ f°^J^T' '° ^' P^^*^ '"^ '""^^^'y instalments, such commuta- tion to date from the 1st day of February, 1882.
th. iTi" ^Tn '"""i^f i"" f"''' ^\^^ ,'* ^' ^ condition of the said commutation that
h^lf u r ^^* *^' ^'''/° ^^''^ *^" ^'■''^'^ i« ^'^titled are duly paid in stamps, and that such stamps are properly cancelled.
Certified,
J. G. SCOTT,
Clerk, Executive Council, Ontario.
45 Victoria. Sessional Papers (No. 30). A. 1882
AGKICULTURAL STATISTICS:
THEIR VALUE, HISTOEY, SCOPE AND SYSTEM.
A REPORT TO THE COMMISSIONER OF AGRICULTURE.
To THE Honourable S. C. WOOD,
Commissioner of Ac/riculture :
Agreeably to your instructions I liave prepared, and have now the honour to submit, the following Report on the subject of Agricultural Statistics :
The favour with which the Report of the Agricultural Commission of 1880 has been received by the farmers of the Province affords great encouragement to consider what means can be adopted for giving continuity to work so well begun.
The labours of the Commission extended over a wide field, but the subject of inquiry was not exhausted. Indeed it was not possible that it could be, having regard to the fact that agriculture is essentially experimental and progressive.
Every requisite of food and clothing is an annual product of the earth, yielded in a large degree in proportion to the industry and ingenuity employed on it by man, but modified by conditions of soil and climate, and dependent year by year on the sun and rain in due season.
The husbandry of the past fifty years is a record of marvellous progress, both in methods and results. Intelligent farming is no longer confined to a score of men in a country, or one man in a county. We see the evidence of it on every side, — in the use of labour-saving implements, in the increase of improved breeds of live stock, in the drainage of the soil, in the rotation of crops, in the application of fertilizers, in the development of the dair}' system, and in the great diversity of products of the field, orchard and garden. There has been a steady and general levelling upwards.
Throughout this period Governments have taken a keener interest than ever before in agricultural affairs. In every country of Europe, with, I believe, the single exception of Turkey, there is a ministry, buTeau, or sub-department of agriculture, with an organ- ized system for conducting inquiry and reporting facts in all matters affecting the interests of the farmer. The same thing is true of the United States, as well as a number of individual States, and also of our own country, though in a less degree.
By encouraging exhibitions, collecting and publishing valuable information, intro- ducing new breeds of live stock or new varieties of grain, fruit and seeds, taking measures to check the ravages of disease upon animal or plant life, and establishing colleges and experimental farms for the special education of farmers' sons, Governments have done
45 Victoria. Sessional Papers (No. 30). A. 1882
much to aid and direct the operations of the husbandman, and to give him larger profits for the fruit of his labour.
In our own land this is a wise policy. It is as an agricultural people that we are be.st known, and the agricultural interest of the country is the most important interest. It is the power, the wealth of the country, and every effort to add to it should be approved and encouraged. There is where our strength lies, and there is where we want information.
No one seriously doubts the utility of correct information on the supply of food, to town and country, to rich and poor, to farmers and merchants. It enters largely into the commercial combinations of every year, and is one of the chief elements ati'ecting circulation.
This is a held in which Governments have almost exclusively the means of making an extensive series of observations, and perhaps there is not any greater service that the Government could render to the farmers and business men of this Province than to collect reliable statistics of its agricultural wealth from year to year.
One of the primary subjects of reference in the instructions to the Agricultural Commission was the present constitution, functions and powers of the Bureau of Agri- culture, with a view to giving it increased efficiency. The Commissioners were invited to report on the enlargement of the operations of the Bureau and the imposing on it of such new duties as the collection of agricultural statistics and periodical crop reports, the encouragement of experiments in new processes of agriculture, and generally a careful study of all matters affecting the interests of the farmer in our own and other countries. But owing to a desire that their Report should be laid before the Legislature during its last session, and to the work in connection with other subjects being of greater volume than was anticipated, the Commissioners were reluctantly compelled to leave this one untouched. In their Report, however, they say :
" In his recommendation to Council the Commissioner of Agriculture gave consider- able prominence to the suggestion that the Commissioners should report upon the functions of the Bureau of Agricultuture, with a view to its reorganization. In this connection the subject of a'^ricultur.il statistics would have held a foremost place. It can hardly be doubted that an enlargement of the powers and functions of the Bureau would be very desirable, in order that a more active supervision should be exerci.sed over the applications of the public money voted for the encouragement and advancement of agriculture, and that the Department of Agriculture should be more closely identified with the great agri- cultural interests of the Province than, with its ])re3ent limited machinery, is possible. But, for reasons already set forth, the Commissioners feel unable to do more at tlie present time than advise that the subject should receive the early attention of the Government and Legislature, and to state that, in the event of such a reorganization of the Bureau as is suggested, the Commi.ssioners would view with much pleasure any well-considered scheme for utilizing the experience and information of practical agriculturists, in an advisory sense, in connection w^ith the operations of the Bureau."
It appears to be both practicable and desirable to extend the operations of the Bureau in the direction indicated by the Commi.ssioners, and, having regard to the value of agricul- tural statistics and crop reports to every interest of the country, it is of much consequence that the system be complete and that the work under it be well done. In the presence of 80 much rivalry on the part of sister Provinces and of neighbouring States it is desirable that we should know, and that we should let others know, the extent of our resources and the measure of our progress.
45 Victoria. Sessional Papers (No. 30). A. 1882
Tlie Value of Statistics,
The value of statistics is apparent in this, that it is mainly through the pursuit of statistical inquiries we can be assured of real advance in the knowledge of human interests. The statist aims at discovering the actual condition of his country and the causes of that condition, with a view to discover also the methods of improving it.
By the aid of statistics just data are supplied to guide the exertions of the philan- thropist, the judgment of the legislator, and the speculations of the reasoner. Facts unimportant in themselves, as Sir George Lewis has observed, become important as units comprised in a complete enumeration, and results are thus obtained to which mere con- jecture, or the loose and vague impres-sions derive4 from a partial observation could not have led.
Figures give definiteness and precision to ideas. With regard to questions of drainage, ventilation, food, and the use or abuse of strong drinks, it is the statistical information supplied on a large scale which alone can be conclusive. It is the essence of statistical inquiry that by dealing with masses it eliminates individual peculiarities.
Statistics of the census, post-office, customs and excise, and the courts give to us collectively the social and economic history of the age in which we live. They prove that there is uniformity in all human affairs, and that there is permanence and steadiness in the laws which regulate our existence. From statistics history borrows a considerable portion of her light, to general public law they contribute most valuable materials, and they enrich politics with a multitude of practical data.
A report showing the actual territorial wealth of the country, the different branches of its produce and the mean returns which they afford, would be invaluable to the econo- mist and the legislator. By proving numerically the happy effects of any measure of economical legislation the trustees of power would be taught the superiority which may be acquii-ed by the prompt imitation of nations most advanced in agriculture and manu- factures, and in the manual perfection of the arts and trades. Government has an interest in the enlightenment of labourers, whether agricultural or mechanical, for they are the real producers of wealth. It is its duty to do for them collectively what they have no means of doing individually, or even by organized association.
The value of information depends on its accuracy. An annual record of trustworthy facts, setting forth the productive power and value of both land and labour when employed to the best advantage, could not fail to produce a healthy, stimulating eliect. The influence of thousands of good examples would tell powerfully in favour of advance- ment all along the line. The counting of cows, a distinguished English agriculturist has remarked, is the first step towards their universal improvement — especially should the count give their annual product of butter and cheese.
If the returns for one county show that larger and more profitable crops are raised than in another, not inferior to it in fertility, the cultivators of the latter will not long remain contented with the results. Manufacturers living together in towns soon learn to know of new inventions and appliances, and adopt them if useful. Farmers, on the other Land, live apart and rarely exchange professional knowledge. Even when the result of a successful experiment reaches their ears they cannot be sure that the circumstances have
3
45 Victoria. Sessional Papers (No. 30). A. 1882
been faithfully detailed, or that the advantages of the new method may not be due to accidental causes or a propitious season. The manufacturer sees for himself, and can weigh and judge for himself. The information procured by an efficient Bureau would in a great measure remove the disadvantage in this respect under which the farmer suB'ers. Results resting upon the practice of hundreds in the same circumstances as himself must be received as undoubted facts, and, like the manufacturer, he must be driven to the adoption of whatever might come to him thus recommended.
Our farmers have great advantages for the economical production of beef and pork, mutton and wool, and it will render them a valuable service to obtain correct information of all discoveries and improvements either in the growing and feeding of domestic ani- mals or in the curing of provisions ; also as to the number of animals fattening in the countrj% and the probable demand for them in the home and foreign markets.
The profit is in the last few extra pounds of meat, cheese or butter, as well as in the extra bushels of wheat, corn or barley. How to produce this extra is a question of \-ital moment to every farmer, and to the whole country. If by an improved system of tillage, or the use of fertilizers, the average wheat product of the country can be increased by one bushel per acre, the aggregate gain will be very great. On the area in Ontario, as given by the census of 1871, it would be nearly a million and a half of bushels.
In one of his letters to Sir John Sinclair, Washington says that when he entered the public service in the Revolutionary war his flock of 1,000 sheep clipped 5 lbs. per fleece ; when he returned to his estate at the close of the war he found his flock so degen- erated, under the care of a foreman of the old school, that the average clip was only 2 J lbs., then, as it is now, the average yield of the Virginia sheep. In Ontario, according to the cen.sus of 1871, the average was 4 J lbs., but we have many flocks of long-woolleil sheep that yield as high as 8 and even 10 lbs. A fair average, with intelligent care in feeding and breeding, should not fall below 6 lbs., and this on the sheep census of 1871 would give us an extra 3,000,000 lbs. for the whole Province, or an annual addition of $1,000,000 to our wealth by wool alone.
The great defect in our agriculture is the failure to rear the proper number and quality of animals. If the quantity of live stock were doubled the aggregate of graiu produced might also be greatly increased, without any corr.^sponding increase in expense. But there is danger iji running to extremes ; the farmer nmst seek to avoid over- production.
At present industrial facts are ascertained for us by the census, which is taken only once in ten ye.ars. But the whole condition of agriculture may change in that period, so that at best the information of the census can be only a subject of curious interest to the farmer ; it will not help him to decide what he fairly ought to get for his grain and live stock, and whether to sell or to hold ; it is gatheretl and published at too wide intervals of time for practical usefulness or guidance.
Agricultural journals and the daily and weekly newspapers are doijig invaluable ser- vice to the country, but they cannot work under an organized system, nor cover the ■whole ground of inquiry. The experience of the ablest and best conducted journals of England, the United States and our own country is that, with the most painstaking
4
45 Victoria. Sessional Papers (No. 30). A. 1882
effort, the collection of statistics and reports is fragmentary and unsatisfying. Govern- ments alone can do the work efficiently and continuously.
Every fanner knows that the price of his products is regulated by the law of supply and demand. Prices naturally tend to the equilibrium found under this law, and for a high price obtained under a false impression of scarcity the producer pays the penalty through prices running to the other extreme.
The grain-dealer or the speculator on the corn exchange, with a longer purse and better means of information than the isolated farmer, can learn the probable yield of crops sooner than any one else, and may sweep the markets before prices have moved. But if statistics were furnished by the Government every one would be as well supplied with information as the dealer or the speculator on the exchange. Hence the value of authentic reports on the condition of crops throughout the country and the world.
The misrepresentation of crop reports — which is a common device of speculators — is hurtful to the farmers, who are for this reason deeply interested in having trustworthy information. They have the earliest command of the market, and may take advantage of that position if they have the means of accurately anticipating the course of prices. It is no gain to the consumers that dealers or speculators have bought in a low market. They must pay the figure as fixed by supply and demand, and the lion's share of profits is seized by the middleman. Accurate statistics and reports, affecting the commercial dealings in farm stocks, would enable the producer to get a more equable distribution of profits, and to steadily increase his productive capital. At the same time they would aid the dealers who do a fair and legitimate business ; it is the gamblers on the great com •exchanges who work mischief to farmers and to the trade.
A few illustrations of the practical use and value of crop reports as collected in an imperfect way by the Bureau at Washington may prove instructive and interesting.
The corn crop of the Union for 1863 was injured by the fall frosts to the estimated extent of 135,000,000 bushels. When this fact became known through the monthly report of the Agricultural Department an advance of 20 cents per bushel was established, and the farmers reaped the benefit of it. The October Report for the same year showed a decrease in the hog supply, and the market for hogs likewise improved immediately.
In the January Report for 1873 the secretary of the Agricultural Association for Perry County, Indiana, writes :
"About the time of the potato h.arvest this fall (1872), our producers were all astray respecting the market value of the potato crop — one of our main crops in this section. This uncertainty was taken advantage of by buyers, and they swarmed down on our producers early in the day, ofTering 50 cents per bushel. Some accepted the ofTer, but the vast proportion of our farmers concluded, at the request of the Association, to await the report from the Agricultural Department. It reached us in proper time, and a careful analysis was made of its reports of the potato crop. Our people acted on it, and the result was a gain of many thousands."
The low price at which the few sold was no gain to the consumer, and the high price
was no loss. Under any circumstances he was bound to pay the price fixed by the
demand, and the speculator only failed to make large gains through the producer refusing
to sell at his offer. By waiting and taking counsel of the reports the farmers themselves
got the benefit of the good prices, and it is a sound maxim that the profit should go to
the men who earn it.
5
45 Victoria. Sessional Papers (No. 30). A. 1882
But the work of the Bureau at Washington is too imperfect to foil the designs of the speculator, or to correct the misrepresentation of crop reports so as adequately to protect the producer against loss. In the first place, the number of correspondents is limited — there being only four thousand for the whole Union, or an average of two for every three counties ; and in the second place, the reports are not issued with sufficient promptness. The consequence is that the speculator is given a margin of time for his work.
It is a well-known fact that an assumed or a reported scarcity has at first the same effect on prices as a real one has. The rise is just as rapid, the fluctuations just as vio- lent, and the final result more disastrous. What occurred in 1879 will show how the game of the speculator is played.
As early as the first of July the hea^'y grain-bujang firms of New York and Chicago knew that the wheat crop was abundant in their own country, that it was a failure in Great Britain and some of the European states, and consequently that the export demand would be very great. They had experienced men moving about in the country getting accurate information, and local buyers who made regular reports on the state of the crops. Upon the facts collected in this way, and which were sacredly treasured in their own offices, the grain kings formed their judgment; they gave to the public only what served their own ends. The fact that there was a large foreign demand they either suppressed or denied, and the fact that there was an unusually large crop in tlieir own country they brought out with emphasis. If the farmers were as well informed as the leading buyers they would have held on for an advance ; but they were not, and before the issue of the Washington report a great portion of the winter wheat south of the latitude of Chicago was disposed of at 90 cents per bushel. The price then quickly rose to $1.20 per bushel, and the farmers of the spring wheat belt were paid about $1-30. The wide margin of profit on early sales, which should have gone to the fanner had prompt information been given by the Bureau, was swept by the New York and Chicago dealers as their winnings in the game.
Large quantities of the wheat in store were disposed of ai a fair market price, but the more reckless speculators resolved on another move. They determined to force up the price of wheat by pointing to the great foreign demand, and declaring that the home crop had been largely over-estimated. But this stratagem had no effect on English buyers. They had the carefully-collected crop reports of their own country, of the wheat-growing countries of the Continent, of the Australian colonies, and of the Bureau at Washington, and they knew that the wheat supply of the world was ample for the wants of the year. They bought wheat everywhere but in New York and Chicago, and the result was that in a few weeks the American ring wa,s broken. The speculators were not strong enough to carry their load ; but, besides the serious fall in prices, their collapse came very near to precipitating a commercial crisis. Early, accurate, and generally- diffused information as to the state of the crops at home and abroad would fru.stnite all such attempts of tlio gi-ain speculators to " bull " or " bear " the market
Another instructive lesson is furnished by the Crop and Stock Reports of Ohio. The wheat crop in that State last year was fair, and had it been equally good all over
6
45 Victoria. Sessional Papers (No. 30). A. 1882
the country the price would proha'oly not have gone above $1.20 in Cliicago. But the reports for Illinois, Iowa, and Michigan — the only other winter-wheat States that have adopted the plan of monthly crop reports — -indicated that for those States the yield would be less than half that of the previous year. This information was promptly given to the press of the whole country, and advance-sheets of the most important points and conclu- sions from each month's report were sent out in the same way. The Ohio Report for October says :
" Farmers read the facts in many papers and on every hand, and the whole commu- nity came to believe and know that at least the wheat and corn crops of 1S81 were really short, and that prices must rule high ; and, as a rule, the farmers held and realized the profits that legitimately belonged to them. And so this information thus gathered by the State Boards of our own and a few other States, and thus widely published, has, in the opinion of judicious men who are acquainted with the facts before and since this work was begun, been worth more than $10,000,000 to the farmers of Ohio alone. For that sum would be less than thirty cents a bushel on this year's crop, and that thirty cents (or .?10,000,000) would have gone largely into the hands of speculators but for this prompt and reliable information in the hands of the farmers and of the public generally. Indeed such was really the case with the crop of 1879, before this crop report work was begun by any State except Illinois."
Owing to the long-continued drought last year the bean crop was short in Ontario, and also in New York and Michigan. This was known to dealers early in the season, and before the crop was fully harvested a great portion of it was secured by their agents at prices ranging from $1.25 to $1.60 per bushel. A few weeks later it was quoted in the Detroit and Montreal markets at $3 per bushel, and the lumbermen of Michigan and the Ottawa Valley who had delayed the purchase of supplies were obliged to pay outside figures to the speculators, who were thus well rewarded for the cost of early information. Under an efficient system of collecting and publishing crop reports this advantage would have gone to the producers.
These illustrations will suffice to make clear the practical value of statistics and reports, both to the producers and the consumers of food. Other uses which they would serve I need only indicate.
They would encourage the keeping of farm accounts — necessary in order to make fairly accurate returns.
They would direct the purchasers of live stock to the sections in which supplies may be most easily obtained.
They would give a basis of certainty upon which to compute the country's annual surplus of products, or its requirements.
They would serve to prevent panic and sudden and unnecessary fluctuations in prices.
They would, by showing the probable extent of employment in the carrying trade, enable the shipping and railway interests to make timely provision for it.
They would mark the tendency to over-crop, and, consequently, to impoverish the soil, and demonstrate the value of fertilizers and the importance of a reform in tillage.
And lastly, they would note the resources of the country, its capabilities and its pro- gress in material wealth, and so serve to attract population and capital from other lands.
To ascertain the present state of the country, to compare different places at the same time, and the same place at different times, are objects of great interest to every citizen.
7
45 Victoria. Sessional Papers (No. 30). A. 1882
Their Ilistorxj.
Having considered the uses and purposes of agricultural statistics, I propose in the next place to treat of the subject briefly in its historical aspect. This is desirable in order to show what other countries have done, and to learn what their experience teaches.
In Great Britain statistics of every kind have made slow progress. It took nearly half a century to carry a measure in Parliament for taking the census of the nation, the first Bill having been introduced in 175.3, and the first census taken in 1801. The various published statistics consisted for many years of returns to Parliament presented without regularity or order, and it was not until 1832 that a statistical department was created at the Board of Trade, with the object of arranging and systematizing publica- tions and returns. Since that year statistical offices have been created in connection ■with other departments ; but various reforms have been made in the conduct of the work, and a Royal Commission appointed in 1877 has been engaged for four years in an effort to simplify and systematize the whole body of statistical returns. Their Report, which is exhaustive and valuable, now awaits the action of the Government.
In England it required the lifetime of a generation to remove the prejudices of the farmers against the collection of agricultural statistics. They feared that the scheme Lad something to do with local rates or the national taxation, or that it was a device of landlords to learn their true condition and r.aise the rent.s.
In 1836 J\Ir. Poulett Thompson, President of the Board of Trade, conceived the idea of collecting information through the clergy, but prudently resolved to test his plan at first in one county Printed forms were prepared asking for returns of the whole land — wood, waste, and under cultivation ; the acreage and yield of the different crops ; tlie number of each kind of live stock, and the average rate of wages. These were sent to the clergymen of 126 parishes in the county of Bedford, but the result was so unsatis- factory that the plan was abandoned as hopeless; only 27 of the 126 clergymen made any return.
Various other experiments were subsequently made, and the subject was taken up in Parliament. From 1845 to 1864 bills and resolutions were introduced and discussed session after session, and a .score of schemes were considered, only to be dropped or rejected.
In 1853 authority was granted by the Government to conduct an experiment in two English counties by the Poor Law Board, and in three Scottish counties by the Highland Agricultural Society, under a scheme prepared by its secretary ; and in the following year the experiment was extended to eleven Engli.sh and Welsh counties, and to the whole of Scotland. The making of returns was purely voluntary, but while in Scotland the extent of failure wa.s le.s.s than one-fifth of one per cent, it was in England seven per cent. The ditTerence of results was attriljuted to the kinds of machinery employed ; there was a strong prejudice against the Poor Law Board, and the Highland .Society was trusted a.s the farmers' friend.
No further effort was made at that time to collect irtatiHtics iii England, but the work was continued in Scotland until interrupted by u di.sputc over patronage and the audit of accounts. The Treasury asserted its right to name the collectors as servants of
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45 Victoria. Sessional Papers (No. 80). A. 1882
the Government, and insisted upon all accounts passing through the Board of Audit. The secretary of the Society refused either to yield the patronage or submit to an audit, and he settled the dispute by stopping the work.
The success of the experiment, however, proved the value of such statistics, and helped to remove the prejudice against them. Finally, in the session of 1864, a resolu tion was carried in the House of Commons affirming that the collection of agricultural statistics was desirable, and in June of the following year the President of the Board of Trade asked for and obtained a vote of £10,000 to enable him to effect the aim of the resolution.
In the same month the rinderpest made its first appearance in England, and spread rapidly throughout the kingdom. A Royal Commission was appointed to consider its origin and nature, and after taking some evidence they wrote to the Board of Trade urging " the importance of obtaining correct information respecting the number of horned cattle and sheep in the country." The Board concurred, expressing the opinion that if such information were obtained it could not fail at that time to be of great utility and interest to the agriculturists and to the public at large. Orders were forthwith given for the preparation and distribution of schedules, and it was expressly stated that " the number of live stock belonging to individual persons will not be divulged." The returns were made on the 5th of March, 1866, through the medium of officers of Inland Revenue, and the report was published on the 7th of May. It gave the number of cattle, sheep and pigs in each county, the number of cattle that died or were killed on account of the plague up to the week ended 21st April, and also the percentage of losses.
This was the initiation of agricultural statistics in England and Wales, and, as already indicated, it had its immediate origin in the incidence of the rinderpest. The preventive measures to check the disease, and the scheme for compensation accorded to those whose cattle were sacrificed in order to save the stock of others, almost necessitated a cattle census. Its practical use was so apparent that the action of the Board of Trade met with ready approval, and when it was followed up in the same year by a request for the acreage returns a very friendly response was made. These returns when prepared and issued were largely circulated in the agricultural districts for the purpose of making known the information afforded by them, and also of showing that nothing was published which could in any way injure the interests of individual occupiers of land.
In this way the farmers of England became convinced that the collection of statistics was a matter of special interest to themselves, that it was not a device to increase rent or taxes, and that even its inquisitorial character was redeemed by a worthy object.
The information contained in the returns consists of the total area of land occupied ; the acreage under each kind of crop, bare fallow, grass and permanent pasture ; the acreage under orchards, market gardens, nursery grounds and woods ; and the number of horses, cattle, sheep and pigs.
The great number of occupiers and owners of land in Great Britain makes it necessary to have a large staff to collect those returns, and the officers of Inland Revenue have been selected for the work by the Government, " as a convenient and efficient local agency to obtain the information with as little trouble as possible to the occupiers of land." It is the duty of these officers to distribute and collect the forms, and to tabulate them for the counties. The forms are issued to all occupiers of land — stamped for free
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45 Victoria. Sessional Papers (No. 30). A. 1882
transmission by post — and thus a ready means is afforded for their prompt return to the local officers. In cases where tlie returns are delayed or refused, the officers are required to collect them personally, or make estimates from their own observation, which is the cause of considerable delay in their reports to the Board of Trade.
The returns were at first collected on the 25th of June, but in 1877 the date was changed to the 4th of June, the object being to secure earlier publication. In that year the summary was issued on the 21st of August, in.stead of the middle of September as in previous years, and the complete tables and report at the end of September. Last year the summary was issued on the 15th of August, and the complete report on the 24th of September. It is also found that by the change to the earlier date in June the farmers have more leisure for filling up the schedules, and that some who flatly refused to do the work before, during the busier season, do so now readily.
In 1876 the acreage obtained by estimate in England — where farmers refused or neglected to make returns — was 2.178,515 ; last year it was only 1,584,228 out of a total of 32,211,512 returned, or 5 per cent. In Scotlund last year the acreage estimated was only four-fifths of one per cent., and in Wales only one-tenth of one per cent.
In his report last year Mr. Giffen remarks that, especially in England, " the tone of the collectors as regards the disposition of farmers to make returijs is in many districts more and more satisfactory every year, and on the whole there is a stcadj» improvement." I need only add that in Great Britain the statistics are collected without legislative authority, and that the giving of information is purely voluntary ; the duties of collectors alone are mandatory.
The average prices of agricultural produce in England are published weekly and annually in the London Gazelle, as directed by Acts of Parliament. The basis of the weekly average is a division of aggregate proceeds by aggregate quantities sold, compiled from all markets prescribed by the Statutes, and the ai.nual statement is made up from the weekly returns. The Scotch plan — the primarj' object of which is to fix the tithe commutation — is by means of an a.sscssmcnt jury summoned by the sheriff and examined on oath, wliereby the value of grain not sold Imt used at home is included.
Ireland possesses a very complete system of agricultural statistics. It had its origin in the period of the potato famine, the first report covering the years 1847-8, and its value was so clearly demonsti-ated at that critical time that it has been maintained ever since. Besides being thus commended by long use, the plan has been endorsed by the International Congress of Statisticians, who liave adopted it as their own and recom- mended it to other countries.
The data of the returns are collected by members of the constabularj' force, who visit each farm or holding to ascertain from the occupier or some other person connected with the farm the particulars required. This work is carried on under the superintend- ence of the Registrar-General at Dublin, and his reports are made to the Lord-Lieutenant. An abstract is published at once, and the detailed report is presented to Parliament. Briefly stated, the returns show :
1. The extent of tilled, untilled and waste land, the number of holdings and their size in statute acres, and the number of stockholders ami i|uantity of live stock — by poor law unions, baronies, countie.s and provinces ; and
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45 Victoria. Sessional Papers (No. 30). A. 1882
2. The extent of land under crops and its value, the estimated produce of the crops, and the number of holdings exceeding one acre — by poor law unions, counties and provinces.
There are also comparative statements under each of the above heads, embracing a period of ten years, the number of scutching mills in each county and province, tables of meteorological observations, and remarks on the probable cause to which the good or bad yield of the various crops in each district may be attributed.
The enumerators number about 3,400, but being in the regular service of the Government they receive no extra pay for the collection of statistics. The work is commenced on the 1st of June, and usually finished by the end of July. The names of the several parties from whom the particulars of tillage and live stock are obtained are given in the returns, with a view to further enquiry should it be found necessary.
The abstract report of the Registrar-General is prepared from summaries made by the enumerators, and is limited to showing the acreage under crops and the number and description of live stock in each county and province. The estimated produce of the crops is reserved for the detailed report, based on information given to the enumerators by practical farmers and others qualified to form an opinion as to the yield in their respective districts.
The Registrar-General bears testimony to the courtesy of all classes connected with the land in giving the information necessary for compiling the statistics, and to the zeal and efficiency with which the enumerators discharge their important duty.
In Belgium and Holland every kind of information connected with agriculture is collected under the superintendence of a body of gentlemen, usually proprietors of estates, who are elected for purposes of local government. Returns are made to these officers at certain periods by farmers or occupiers of land, and the result is every year the subject of a detailed report printed under authority of the Governors of thfr provinces.
In France the Ministry of Agriculture collects monthly reports on the cereals in the agricultural districts and the result of the various crops, and compiles other special statistics, — the number of live stock, on silk-worm rearing, vine-culture, etc. The local returns for the Ministry are prepared by the prefets from the statements of statis- tical district committees.
Hungary, which is eminently an agricultural state, devotes great attention to the work. The product of the crops is collected yearly by means of inquiry forms, which are distributed to every parish and filled up by the parish magistrate, with the assistance of the most intelligent farmers. The forms are then collected, examined as to the correctness of their filling up by the Statistical Commission of the district, and sent in to the Statistical Bureau for the county and country summaries to be compiled and published. The data relating to vine culture and agricultural implements and machines are worked out in the same way as those of the crops product, with this exception, that the imple- ment statistics are not collected annually, but at uncertain intervals when required.
In Austria and Austro-Hungary very full statistics of crops and live stock are pro- cured. In the latter country the statistics relating to the crops collected since 1869, and those relating to the annual increase of cattle, first published in 1875, are based upon estimates of the greatest possible accuracy and extent, " prepared by unprejudiced men ■well acquainted with the agricultural characteristics of the various Crown lands." These
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45 Victoria. Sessional Papers (No. 30). A. 1882
estimates, an official report states, "are preferable to figures worked up by men little acquainted with the subject, and possessing small skill in arithmetical manipulation." For the same reason the original inquiry forms are sent in to the Bureau witliout any working out, experience proving that accuracy of statement and promptness in publishing the returns can only be secured when the actual first entries are laid before the figure critic. The information relating to crops is supplied by the agricultural unions, who prepare the facts for their own districts.
The States of the German Empire had their respective systems under the Zollverein, but in 1870 a Commission of statists and administrative functionaries met to develop a uniform system. The work of the Commission was not completed until the following year, when the Empire was established, and their report was made the basis of an Imperial system of statistics. It consists in the collecting and compiling of information furnished either exclusively by, or in co-operation with, the Governments of separate States, according to special instructions from the Imperial authorities. The agricultural statistics of the Empire under this plan were first collected in 1878. They are given under three heads, viz., (1) Agricultural Employment of the ^il, (2) Proceeds of the Harvest, and (3) Returns of Live Stock, and are very elaborate.
The various other countries of Europe have their several .systems, but those of Sweden and Denmark are the most complete, giving the acreage under crops and grass, estimated quantities of the crops produced, and the number of live stock.
The present advanced state of agricultural statistics in the old world is largely due to the teachings and the influence of the International Statistical Congress. The resolu- tions of this learned body, adopted in 1877 at the meeting held in Buda-Pesth, will be found worthy of careful consideration in framing a system for Ontario. Tliey are in sub- stance as follows :
1. The Governments of all countries to collect special meteorological observations in connection with agriculture, to be submitted to a central authority, elaborated, and pub- li.shed regularly.
2. To have regular monthly reports by special agents (crop reporters) on the state of cereal vegetation in their districts.
3. To secure observations regarding the influence of the destruction of forests and of re-planting on climate.
4. To gather at as many points as possible in each country observations regarding storms, hail and perio<Uc phenomena relating to plants and animals ; the result to be cen- tralised, co-ordinated and published.
5. To establish a certain number of meteorological observatories in connection with each other, the observations to be made known immediately to crop reporters, and a knowledge of tliem spread abroad to prevent the eflects of frosts, inundations, etc.
Such a system, adopted and efficiently worked by the States and Provinces of this continent, would render to the agriculturist an invaluable service.
In the Australian colonies good progress ha« been made. A conference of Govern- ment Htati.sts, representing the colonies of Victoria, New South Wale.s, South Australia and Tasmania, was held at Hobart Town in 1875, when resolutions were adopted cover- ing the whole domain of social, industrial, commercial and financial statistics.
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45 Victoria. Sessional Papers (No. 30). A. 1882
The conference recommended in its report that the agricultural returns should embrace the area of land in occupation, the acreage and produce of crops, the weight of cereals and their market price, the number of hands employed and the rates of labour, the number of live stock, the number and value of agricultural implements, and the value of machine labour.
In its main features this was simply an adoption of the Victorian system. In Victoria there is an Act, called the Local Government Act, which obliges all municipal bodies throughout the colony to collect such returns as the Government statist, with the approval of the Governor in Council, may direct, and all people are bound to give the information required to the municipal collectors under a penalty of £10. In this way the agricultural statistics are gathered without any expense to the Government.
The forms are distributed to the local bodies by the official statist, and at a specified time the work of collecting begins. One schedule is filled up at each agricultural hold- ing, and the proprietor signs his name to it as a guarantee that the collector has called on him and that the information is correct. The original returns are sent to the statist without being compiled, and they are classified in the statistical office according to the municipal districts in which they are gathered. Manufacturing returns are collected at the same time, and by the same agency.
There is no popular prejudice in the colony against giving the information, and con- sequently the penalty clause is seldom enforced. Every farmer has a guarantee that his schedule will not be used to his injury or discredit, for the collector is under a penaltv not to divulge any information it contains, and the returns are only published in the aggregate by municipal districts.
As for the municipal bodies, they are subsidised by the Government, and if they hesitate or refuse to collect the statistics the Government has power to stop their subsidy. It has also power, if any local body does not send in the returns by the proper time, to appoint a collector to gather them and charge the cost to the delinquent body.
The Legislature of Tasmania passed a measure for the collection of statistics in 1877, containing provisions similar to the Victoria Act, and conferring like powers on the Government statistician.
The history of agricultural statistics in the United States is so well known that it only needs a brief reference here. Up to 1861 the subject of agriculture as a branch of Government at Washington was connected with the Patent Office, and its chief work con- sisted in collecting seeds and cuttings and information on their culture, for which a small annual grant was made. The Department of Agriculture as it now exists was organized liy an Act of Congress passed in 1862, and in it provision was made for the collection of statistics and crop reports. Besides the commissioner, the officers of the Department con- sist of a statistician, a chemist, an entomologist, a microscopist, a botanist and a superin- tendent of gardens and grounds. The statistician, in addition to his own special duties, is editor of the Department, and all papers intended for the Monthly and Annual Reports pass through his hands. The crop reports are collected from all sections of the Union by a staff of correspondents selected with an eye to their intelligence, experience and general fitness. The number has been steadily increased, and is now in excess of four thousand. It is estimated that the value of their service is §1.50,000 a year, but their only remu-
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45 Victoria. Sessional Papers (No. 30). A. 1882
neratiou is a copy of the ])ublications of the Department. All communications and other matter pertaining to the business of the Department, not exceeding in weight 32 oz., may be sent and received through the mails free of charge.
The Annual Report is so highly prized that 300,000 copies of it are now published for distribution by the authority of Congress. In Great Britain both the Annual and the Monthly Reports are .so much valued that the Minister at Washington was last year requested to secure copies, as soon as possible after publication, for the use of members of Parliament and for the Central Chamber of Agriculture.
In many of the States, but especially throughout the West, agricultural and indus- trial statistics are collected annually through the agency of municipal assessoi-s, to be compiled and published by the State Boards of Agriculture. In some States these returns are elaborate, and are found to be very serviceable in promoting settlement.
The State of New York in 1862 sought to utilize the local agricultural and horti- cultural societies in collecting statistics. The Act provided tliat every county or town society receiving an annual appropriation of money or books should appoint a suitable person for each scliool district to gather statistics of the agricultural and horticultural products and the improvements of each year, and report the same to the president of the society, who in his turn would prepare a statement showing the results in each town by school districts, and forward it to the secretary of the State society. The societies who should faithfully perform the duties required of them were entitled to receive the amount of their annual appropriation without providing a like sura, and the district col- lectors were entitled to one copy each of the Transactions of the American Institute and of the State Agricultural Society for the year for which the statistics were collected. The system began well, but the lack of promptness in issuing the reports destroyed it. The Tran.sactions of 1862 were not printed until late in 1864, and the collectors despair- ing of the promised reward abandoned their work in disgust.
Tlio first attempt by a State to collect crop and live stock reports was made in Illinois, in 1876. The plan, which was matured and executed by the secretary of the State Board of Agriculture, has been found to work well and is popular with the farmers. The first step was to select a staff of reliable correspondents throughout the State — about five for each county — and entrust them with the task of furnishing information. To those correspondents blanks and letters of instruction are sent out from time to time, and reports are compiled from their answers for montlily publication during the growing season. The assessors, who go their rounds during May, are now required to take the acreage of the growing crops, and complete statistics of the previous year. With these data, and the returns of the correspondents, the secretary is supplied with ample material for preparing his monthly reports, which are promptly published in pamphlet form and through the State pres.s.
The same plan has since been adopted in Iowa, Ohio and Michigan, but in the latter State the work is carried on under the direction of the Secretary of State. In Ohio the crop estimates are verilied by returns from threshers, when the threshing sea- son begins, and in tliis way great accuracy is attained. The only compensation to the correspondents in these States is a copy each of the Monthly and Annual Reports.
It is now proposed to harmonize the work of the State and National departmentii, and a conference will be held at Washington during the present month to effect that object.
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T/ieir Scope and System.
In maturing a scheme of statistics for Ontario, we should aim to adapt it to the cha- racteristics of our agriculture and to our institutions. We should have in view the kind of information the country needs, the most economical moans of collecting it consistent with promptness and accuracy, and an intelligent method in preparing the returns.
It is important that we should know :
1. The area of land in occupation — cleared, in woods, and marshy, or waste ;
2. The acreage under the principal grain and root crops and grasses, and in pasture ;
3. The acreage under orchard and garden, and the produce of fruit ;
4. The condition and promise of the growing crops, and their produce when harvested
5. The number of live stock by classes, and the wool and dairy products ;
6. The capital invested in real estate, live stock and farming implements ;
7. The average market pFices of farm produce, and the wages of farm and domestic labour ; and
8. The state of the weather.
It would also be desirable to collect information respecting the nature of the soil, the methods of cultivation and systems of cropping, the extent and cost of underdraining, the use of fertilizers, the progress of improvement in live stock (which might be shown by a census of the leading breeds), the number of animals fattening for market, the extent of injury to crops and live stock by blight or disease, the rent value of land, and the topography of the country. But in making up the schedule it is better to err on the side of caution ; there is a danger of accomplishing but little through attempting too much.
The statistical tables from year to year should be constructed on the same plan, clas- ;sified in the same order, and strictly limited to the kind and number of facts which have been ascertained to be sufficient. Frequent changes make comparison difficult.
For the same reason there should be permanency in the territorial divisions. But this cannot be obtained if electoral districts are chosen, these being subject to re-arrangement at every decennial distribution of .seats.
The municipal divisions are less subject to disturbance, and returns by townships an^ -counties arranged in their topographical order would, I think, prove to be more satisfactory and convenient than any other, for all the purposes for which statistics are required.
The machinery for collecting statistics is a more difficult subject to deal with, and the kind adopted must in a measure depend on the information we want. If it is to be mainly a return of the previous years products, as in many States of the American Union, it can be gathered by the assessors. But if it is to be a return for the current harvest year, as in Great Britain and Ireland, it will be necessary to resort to other agencies.
Some useful statistics are now gathered by the assessors, and the schedule might be extended ; but unless the assessment work was done at a later period of the year, as in Ohio and Illinois, we cannot look to the returns of those officers for much of the data required. Besides, owing to the relationship of assessment and taxation, the collection of • Statistics by assessors might arouse prejudice against the system and result in false returns being made. It is a fa^^t that the number of live stock in the Province in 1878, as given ■ by the municipal returns, is l,4-]:0,000 less than in 1871, as given by the census.
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45 Victoria. Sessional Papers (No. 30). A. 1882
The Electoral District and Township Agricultural Societies, the Horticultural Societies and the Dairymen, Fruit-growers' and Entomological Societies could be relied on to con- tribute valuable service, for, besides being liberally subsidised by the Government, it is directly in the line of their functions to aid any measure intended to advance the agricul- tural welfare of the country.
The Electoral District Societies cover the whole field, and they might undertake the direction of local work.
The Township Societies, with a more limited area for their oversight, would doubtless prove to be a more thorough organization ; but while there are only 282 societies in the Province there are 493 townships.
The Horticultural Societies number 32, and are all located in the towns. Special work in their respective lines could be entrusted to the other societies named, as well as to the Agricultural and Arts Association and to the Veterinary Inspectors.
Then we have the School Section — the smallest territorial district in the Province governed by a body possessing administrative functions. The school sections are co-ex- tensive with settlement, and, like the agricultural and other societies, they receive large annual subsidies from the Government.
With the help of these several organizations — the township councils, the several agricultural and allied societies, and the school boards — we should be able to establish a model system for the collection of agricultural returns, and under which it should be possible to attain to ideal accuracy and promptness in the publication of crop reports.
I have already remarked on the importance of uniformity and method in tlie tables. It only remains to add, that their contents should be clearly indicated ; that needless details only tend to give untrustworthy results ; that the object of every return — whether it be to give information of immediate value or interest to the public, or to be available as permanent statistical information — should be distinctly kept in view; and that the busi- ness of the official statistician is to supply the dry facts, without any admixture of theories or opinions.
With the hearty co-operation of the farmers of the Province, wiiich will be indis- pensable under any system, I have a strong conviction that, the Statistical Bureau can do efficient and serviceable work ; and I trust in good time to see its sphere extended so as to embrace all the great industries of the country.
Respectfully submitted,
ARCHIBALD BLUE.
Office of the Commissionek of Aoiucultluk, Toronto, 10th January, 1882.
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45 Victoria. Sessional Papers (No. 31). A. 1882
REPORT
Of the Attorney-General of Ontario with respect to certain proceed- ings before the Imperial Privy Council, involving the right of the Provincial Legislature to pass the Act to secure Uniform Condi- tions in Policies of Insurance.
By Command.
ARTHUR S. HARDY,
Secretary. Provincial Secretary's Office,
Toronto, 12th January, 1882.
The undersigned has the henour of submitting the fonowing Report on the subject of the Revised Statute to secure uniform conditions in policies of Fire Insurance, cap. 162. This Act was a consolidation of two previous Statutes passed respectively by the Ontario Legislature on the 2l8t December, 1874, and 10th February, 1876 — 38 Vic, cap. 65 ; 39 Vic. cap. 7, sched. B. ; and 39 Vic. cap. 24.
It will be remembered that these Acts were passed at the suggestion of our Provin- cial Courts. The case of Smith vs. The Commercial Union Insurance Company, 33 U. C. Q. B., 69, was one of the cases in which the suggestion had been made. The Court of Queen's Bench, commenting in that case on the " wonderful structure and scope " of the conditions, designated some of their requirements as involving " a degree of inquisitorial power, under the penalty of a forfeiture of the insurance money, which it is vexatious and difficult to comply with, and which is about equal to a forfeiture itself, and almost a perfect immunity to the insurers against their ever paying the money." The Court further observed that under these conditions the Companies " could, if so disposed, pro- bably cut out work enough for the assured for at least a twelvemonth, before he could be done with his further explanations, or servants' testimony, or the other multifarious devices provided for him ; and if it did take more than three months, time being of the essence of the contract, so much the worse for the assured. The conduct of the Compa- nies, when enforcing rigidly such conditions, has often been complained of by the Courts — by reason of the number and nature and difficulty of the conditions they introduce into their policies ; and the time, perhaps, has come when the Legislature should interfere, to stand between them and those they insure, or pretend to insure ; or, in other words, the public, by limiting them to such conditions which the Courts shall determine to be rea- sonable." The Court declared that the conditions and provisions there in question were such as to "damage the honest man perhaps more than the dishonest one ;" that as the Companies had " not adopted, and are not likely to adopt of their own accord," the " mode of doing business " which the Court deemed the right one, " the only way is to force it upon them by the Legislature enabling the (Jourts to prohibit and restrict their condi- tions." The Court further observed, that such conditions as those animadverted upon were " calculated only for two very special classes of persona " — the fraudulent and villain- ous ;that "the honest people are lost sight of." The judgment concluded with the observa-
45 Victoria. Sessional Papers (No. 31). A. 1882
tion, that " the object should be to restore this invaluable'protection when honestly adminis- tered to its legitimate and mercantile character and purpose, and that will have to be done by legislation, unless the Companies will modify their conditions."
This judgment was pronounced in 1872, but, so far as is known, no change was made by the Companies in the conditions and provisions of their policies.
The first of the Provincial Acts authorized the Lieutenant-Governor to issue a com- mission to three or more persons holding judicial office in the Province, for the purpose of determining what conditions of a fair insurance policy were just and reasonable condi- tions, and the Commissioners were authorized to take evidence and to hear parties interested. The conditions afterwards adopted by the Legislature were tliose settled and approved by the Commissioners, and their reasonableness has been questioned in no case which has since been before the Courts. Some Insurance Companies, however, doing business in the Province, were unwilling to be hampered by these conditions, and raised before the Courts the question of the power of a Provincial Legislature to deal with the subject. The Ontario Courts from time to time held that the power existed, and that the legisla- tion was such as a Provincial Legislature had jurisdiction to enact. Some of these cases were brought by way of appeal before the Supreme Court of the Dominion, and the judgments of the Courts appealed from were confirmed by the Supreme Court. Two of the cases were appealed to Her Majesty's Privy Council in England, viz., the case of The Citizens' Insurance Company vs. Parsons, and the Queen Insurance Company va. Parsons. The judgment of the Supreme Court in each of these cases was the judgment of the Chief Justice and Justices Strong, Fournier and Henry, and was dissented from by the other two Judges, viz., Justices Taschereau and Gwynne. During the litigation the plaintiff became insolvent, owing, it is said, to the delay and expense to which he had been put by tlie litigation of tlie Companies, and the undersigned learned that, to avoid expense, it was not intended to employ any leading counsel in England on behalf of the Respondent, bu' junior counsel only. It was therefore deemed necessary, from the importance to the Prjvince and the public of the constitutional questions involved, to retain with the Respondent's con.sent, additional counsel on the pai-t of the Province. The undersigned ascertained that eminent coun.sel had been retained by the Companies, viz., Solicitor-General Sir Farrer Herschel and Mr. Benjamin, Q.C., and the undersigned authorized Sir John Holker to be retained to argue against them the Provincial view. Sir John Holker was Attorney-General in a former Administration, and was the counsel of this Province in the litigation with the Province of Quebec before the Privy Council in March, 1878.
The undersigned, during his late vi.sit to Europe, had repeated interviews in London with the solicitors for the respondents, Messrs. Johnston an<l Harrison, and with the solicitors for the Province, Messrs. Freshfields and Williams.
The undersigned attended a consultation of coun.sel previous to the argument, and prepared a paper for their assistance on the important constitutional questions involved. This paper was as follows : —
" The petition for leave to appeal stated in substance that this case is one of three selected by the Insurance Companies to test the power of a Provincial Legislature to pass such a statute. If this point is open to the appellants under the t<>rm8 of the case they have put in, the following are submitted as some of the grounds on which the respon- dent contends that the Canadian Courts were right in maintaining the validity of the Statute : —
" (a) By the 92nd section of the British North America Act, Article B, the Provin- cial Legislatures have exclusive jurisdiction to ' make laws in n-lation to matters coming within ' the subjects of ' property and civil rights within the Province.' The onus is there- fore on the party complaining of the Provincial Act in que.stion, to shew that the subject of it comes also within one or more of the twenty-nine classes of subjects enumerated in the 91st section as l)elonging to the Federal Legislature (L'Union St. Jacques de .Montrt«l, M. Belisle, L. R. 6 Priv. CI. 36).
" (h) The ground on which the two dissenting Judges maintained their position was that 'all matter.4 in any way relating to trade and commerce' belong exclusively to the F<>doral jurisdiction, and that insurance ia one of those matters. But the Confederation
a
46 Victoria. Sessional Papers fNo. 31). A. 1882
Act contains express and direct evidence that ' all matters in any way relating to trade and commerce' do not belong to Federal jurisdiction. Thus the 10th Article of the 92nd section, and the 13th Article of the 91st, shew that a Provincial Legislature has jurisdiction to make laws in relation to matters coming within the following subjects within the Prov- ince, viz., lines of steamship and of other ships, canals, ferries, railways, telegraphs and other works or undertakings; and these obviously have even a more important relation to ' trade and commerce ' than an insurance policy has.
"(c) Again : the Confederation Act does not purport to give to the Federal Parliament jurisdiction in 'all matters in any way relating to trade and commerce,' but only 'all matters coming within ' the subject of ' the regulation of trade and commerce,' — a much more limited form of expression. The words ' the regulation of ' are not in any other article of the enumeration, and were evidently intended to indicate a limitation of the Federal jurisdiction over matters of trade and commerce, some matters relating to the subject being, as already mentioned, expressly assigned to Provincial jurisdiction, while , others fell naturally under the general powers of a Provincial Legislature over ' property and civil rights in the Province.'
" (d) The branches of commercial law over which the Federal Parliament was to have jurisdiction are expressly mentioned in certain articles of the 9l8t section, e.g., banks, bills of exchange, bankruptcy and insolvency, etc. It is not pretended that the subject of insurance comes under any of these enumerated subjects of commercial law ; and the specification of some branches of commercial law affords another clear evidence that all matters relating to trade and commerce were not intended to be included.
" (e) By the new construction and its logical consequences, there are withdrawn from the subject of ' civil rights and property,' heretofore supposed to belong to Provincial Legislatures, all the transactions of traders of every description, as such, with other persons ; all property, real or personal, having to do with trade or trades ; and (under other articles of the same section) all transactions involving weights or measures ; the civil rights and property of aliens ; the effect of marriage upon the civil rights and property of the par- ties, etc. ; thus reducing to almost nothing the large and important jurisdiction which the Provinces supposed they had for maintaining as long as they chose their local laws in regard to ' civil rights and property. ' What would remain to Provincial jurisdiction under the Article referred to would only embarrass and confuse, and be, in fact, worse than nothing.
" (/) The general object of the British North America Act, as stated in its 91st section, was to give to the Federal Parliament authority ' to make laws for the peace, order and good government of Canada in relation to,' not all matters absolutely, but to ' all matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces ;' and it was declared to be only 'for greater certainty ' that an enumeration of particulars is afterwards made, ' not ' (as the section cautiously provided) ' so as to restrict the generality of the foregoing terms of this section.' The subsequent enumeration is in form by way of declaration, not enactment — ' It is hereby declared,' etc. The enumeration may contain some particulars which, unless so specified, would not have been held to be included in the general words ; but, having reference to the general object which is so stated, and to the form of the section, each article in the enumeration is, where possible and as far as possible, to be so construed as not to include the powers assigned exclusively to the Legislatures of the Provinces.
"iff) Again, the twenty-nine particulars of the 91st section, with the sixteen of the 92nd, probably embrace, and were certainly and evidently meant to embrace, for the Federal or Provincial Legislatures, all possible subjects of legislative action in Canada not expressly excluded by the Act. Resort should therefore be had to the general words in the 91st section as to possible unassigned matters, in the event only of a case happening to arise which could not by any just construction be brought within any of the enumerated particulars of either section. An unnecessary reference to the general words, in order to give or support a wider interpretation of the enumerated powers of the Federal authority than these might otherwise bear, is contrary to the intention and (it is submitted) to the proper construction of the Act.
" (A) As to the alleged danger of Federal legislation being set at nought by possible
8
45 Victoria. Seseional Papers (No. 31). A. 1882
Provincial legislation, that was a matter for the Provinces to consider when they negotiated the terms of union, and for Parliament to consider when asked to carry out the terms agreed upon ; but the power reserved to the Federal authority to disallow Provincial Acts is alone a complete answer (the force of which the dissenting Judges have wholly over- looked) to the legal argument (such as it is) which is founded on the supposed danger referred to. As a matter of law, no Provincial Act can remain on the Statute Book which the Governor-General, under the advice of his Federal Council or otherwise, shall for any reason good or had choose within a year to disallow (see sees. 90 and 56).
" (j) As to the .argument, that a perfect uniformity in the laws of all the Provinces of the Dominion, as to all matters whatsoever affecting all trades, is 'an essential condition to the prosperous carrying on of trade,' it is submitted that no such view is to be found in the Act, and that experience shews beyond controversy the reverse of what is so stated. Such uniformity might be convenient, and more or less useful, but it is unneces- sary to observe that prosperous trade is carried on to an enormous extent between countries whose laws on this subject are not the same. No country in the world has prospered more than the United States of America, and the several States have larger powers to legislate on matters of commercial law than is claimed for the Canadian Provinces on the present appeals.
"(7) As to the alleged supremacy of the Federal Government and Parliament (on which much argument for the new construction is founded by the dissentient Judges), and ' the supreme national sovereignty ' which the Federal Parliament is said to possess under the British North America Act, it is submitted that these terms are not correctly applied to the relation between the Federal authority and the Provincial authorities. It has not been disputed, and of course cannot be, that the Federal Government and Parliament have less authority than each of the Provinces had before Clonfederation ; and these Prov- inces, while possessing that authority, were never suppo.sed to possess, or spoken of as posse.s.sing, any ' national sovereignty '; nor did they possess any ; nor, it is submitted, does the Dominion now. The authority of the Federal Parliament, as respects the Provinces, is contined to certain specified matters and extends to no others.
" (k) The power of a Provincial Legislature to deal with the subject of insurance within the Province has always been assumed and recognized by both the Federal Govern- ment and the Federal Parliament, the former having allowed numerous Pro\'incial Acts passed since Confederation to remain on the Statute Book, instead of their being dis- allowed by the Governor-General as authorized by the British North America Act (tee sees. 90 and •'J6) ; and the latt«;r (the Federal Parliament) having in various statutes recog- nized the Provincial jurisdiction. Some of the.se stiitutes were pa-ssed since the legislation now complained of by the Appellants. Thus no que.stion of juri.sdiction in reference to the subject has ari.sen between the Federal and Provincial Governments or Ijegislatures. The question has been raised by the Insurance Companies alone, as they havt; a legal right to do ; but if the tiuestion so raiscMJ is one of doubt, this consensus of the F'edoral and Provincial authorities should, it is respectfully submitted, be deemed sufficient to maintain their construction of the British North America Act on the point.
"(I) The Feilera! Parliament has pas.sed no Act on the same subject as thi- Provin- cial Act in question, and therefore the latter is in force, even if the Federal Parliament has the power of dealing with the subject (L'Union St. Jacques de Montreal vg. B^liale, L. R. 6 Priv. CI. 36).
" (?«) The Respondent relies also on the other reasons given by those Canadian Judges who supported the Act in question."
The undersigned att-ended the argument before the Privy Council, which lasted for two days. The judgments wi-re not pronounced until lat<'ly, viz., 26th November, 18B1, and were in favour of the validity of the Provincial Acts involved in the Appeals.
O. MOWAT. December -M , 1 S8 1 .
45 Victoria. Sessional Papers (No. 32). A. 1882
(No. 32.)
Eetiirn of copies of all correspondence between the Government, or any Member or Department thereof, and the President of the Huron and Ontario Bliip Canal Company, or any member of the said company, relating (1) to a re-survey of the proposed route of a canal connecting the waters of Lakes Huron and Ontario, and (2) to plachag in the Estimates a sum sufficient to enable the said Company to keep the office open for another year. [Not Printed.)
45 Victoria. Sessional Papers (No. 83). A. 1882
RETURN
To au Order of the House of Assembly passed on the 3rd day of March, 1881, for a Eeturn shewing the aggregate amount of Fees and Emoluments actually received by the several County Crown Attorneys in Ontario, during the years 1878, 1879 and 1880, as returned by them under the provisions of the Act 43rd Vic, cap. 3 ; also for a similar Keturn by the several Clerks of the Peace in Ontario.
By Command.
ARTHUE S. HAKDY,
Secretary. Provincial Secretary's Office,
Toronto, January 20th, 1882.
45 Victoria.
Sessional Papers (No. 33).
A. 1882
Return to an Order of the House of Assembly passed on the 3rd day of March, 1881, County Crown Attorneys in Ontario during the years 1878, 1879 and 1880, as Return by the several Clerks of the Peace in Ontario.
|
N.B.— As the Act did not come into force until 1880, Returns for 1878 and 1879 cannot be furnished |
X.VMES OK OfKICIALS, County Attorney. |
Aggregate Amount of Fees and Emoluments Earned as County Crown Attorney dur- ing 1880. |
S s £ iiS ' ■<a— £ =« i o = < |
Actual Amount of Dis- bursements during the same period. |
|
C!OCNTIKS. |
Earned. |
Received. |
Di8burse<l. |
|
|
Aliroma District Krant |
J. M. Hamilton |
« c. 33 00 449 :« 345 08 628 00 No 651 90 .394 40 520 75 185 00 ' 267 26 321 00 :<m 48 970 0<) 595 80 141! 68 476 05 146 20 242 99 9:«i 80 82 OO 1,131 00 7r^5 61 t 371 M 74 80 608 60 48^^ 19 340 05 9!t 00 m5 .31 6.S3 10 263 96 172 90 141 80 488 81 327 20 678 20 ^ 3^.591 00 |
$ c. :m 75 449 :« 345 08 -af. 90 Retutm ffnt 64.-. 60 357 40 .571 40 185 00 179 26 2.W 00 :i,57 08 900 00 4,54 M 146 68 :«o 59 77 ;ho 242 99 1,219 61 82 no 547 0 ' 802 88 371 :«) 74 80 .566 90 481 74 ;mo 05 1 99 00 ! 19-. 31 612 10 262 iv» 1 1.'.9 Oil 141 80 461 81 1 .340 20 , 578 20 1 2,611 60 |
$ c. 10 0<> |
|
Bruce |
Thomas Dixon |
28 an |
||
|
Carlcton . |
R. Lees |
5 Oil |
||
|
I)ufferin |
J. P. M.icmiHan James 8tanton S. S, MacdoneU |
in. 72 81. |
||
|
Grey |
Alfred V rost J K. Martin |
10 Oil |
||
|
Haliliurton H.ilUm |
JVb Rtturm rent in. John Dewar C. L. ("<.leman Ira Ix-wis W. Douglas |
4 00 |
||
|
a) OO |
||||
|
Huron..- . Kent.... |
16 0(1 12<i 0(1 |
|||
|
Jjanihton |
J. P. Bucke E. G. Malloch A. E. Uiihards |
23 03 |
||
|
Lanark - |
92 55 |
|||
|
W. A. Ile.ve John McKeown C. Hutchinson J. H. Ausley |
12 00 |
|||
|
Lincoln Middlesex Norfolk |
61 37 |
|||
|
Northumberland and Durham.. . (Ontario (»xford Peel Perth reterhoronch I'roscott :\n<i KuHnell |
J. W. Kerr J. E. FareweU F. K. Ball James Kli-ming J. Idint'ton C. A. Weller , E. T. llartneU P. Low |
250 00 199 27 46 28 96 96 |
||
|
H. I(. I-.M,ck« J. K. (Mtt.r «Tam*>s 1 >in^wall A. r. D.vlin i W. H. P..,«ll.y..- I L. I!. Itavmond H. W IVtrr«on |
4 41 |
|||
|
Sinicoe Stomiont, Dnndu and Olengury Vict-ria ... Wat. loo W..11 id Wellington |
21 00 18 00 6 00 85 00 17 00 28 00 |
|||
|
Y„r|t |
Fred Kenton |
681 98 |
||
|
TotiJ |
||||
|
18,013 57 |
' H1.2:<2 21 |
1.839 30 I 1 |
45 Victoria.
Sessional Papers (No. 33).
A. 18M2
shewing the Aggregate Amount of Fees and Emoluments aetustlly received by the several returned by them under the provisions of the Act 43 Vic, cap. 3 ; also for a similar
N.B. — As the Act dia uot come into force until 18S0, Returns foi- 1878 and 1879 cannot be furnished.
CODNTIKS.
Names of Officials, Clerk of the Peace.
: oj3
bo ^
<
1" ic
a -5
d 30 t .2
Earned.
Algoma District
Brant
Bruce
Carleton
Dufferin
Elgin
Essex
Frontenac
tirey . .
Haldimand
Haliburton
Halton
Hastings
Hixrou
Kent
Lambton '.
Lanark
Leeds and Orenville
Lennox and Addington
Lincoln
Middlesex
Norfolk
Northumberland and Durham .
Ontario
Oxford
Peel
Perth
Peterborough
Prescott and Russell
Prince Edward
Renfrew I
Simcoe '
Stormont, Dundas and Glengarry
Victoria
Waterloo
Welland
Wellington
Wentworth
York
J. M. Hamilton ... G. R. Van Norman .
Thomas Dixon
R. Lees
J. P. Macmillan . . .
James Stanton
S. S. Macdonell
A. S. Kirkpatrick. .
Wm. Armstrong
J. R. Martin
iVb Heturiis sent in.
John Dewar
C. L. Coleman
Ira Lewis
W. Douglas
J. P. Bucke
E. G. Malloch
A. E. Richards . . . .
W. A. Reeve
John McKeown
C Hutchinson ....
J. H. Ansley
J. W. Kerr
J. E. FareweU
F. R. Ball
James Fleming
John Idington
C. A. Weller
E. T. Dartnell
P. Low
H. H. Loucks
J. R. Cotter . . . . James Dingwall . . . .
A. P. Devlin
W.H. Bowlby
L. R. Raymond
H. W. Peterson
John Crerar
T. H. BuU
176 45 809 45 943 41 935 «8
No 748 58 907 07 881 71 l,0.n9 06 479 19
Total.
843 742
1,714
l,73t:;
1,169 579 963 456 758
1,659 298
1,131
1,392 828 654 711 481 839 503 670
1,629 636 900
1,135 887
1,401 725
2,328
<
2'Oo
3 CO
- M 00
? ¥ ^
H OJPH
Received.
68
83
15
50
29 i
08
73 I
58 I
76 i
37 1
65
00
76
85
93
47
74
07
98
20
33
13
75
00
42
78
17
37
« c.
176 45
809 45
926 65
872 16
Returns sent
731 83
899 07
1,093 41
1,0,59 06
479 19
803 61 410 dO
1,.542 63
1,720 00 726 66 579 08 819 ,54 496 34 713 79
1,826 96 298 65 547 47
1,225 96 828 85 650 18 691 99 485 19 8.H9 07 515 89 664 40
1,358 53 670 12
1,002 38
1,135 00 798 07
1,3.53 49 725 17
2,294 87
Disbursed.
34,720 77 32,771 16
15 00
40 00 24 20 18 .50 .n.
16 75 110 73 .500 00
68 00
102 10
40 00 750 00 220 00
1 88 50 00 78 49 57 00
300 00 672 90 184 .50 250 00 413 23
6 25 161 41
2 20 21 45
17 52 271 00
26 64 63 25 400 00 29 91 .5.57 71 350 00 524 00
6,344 62
45 Victoria. Sessional Papers (No. 34). A. 1882
(No. .34.)
Return of the number of Bills in Chancery, and Writs of Summons issued out of the Superior and County Courts, served by the Sheriffs of Ontario in the years 1879 and 1880. {Not Printed.)
45 Victoria. Sessional Papers (No. 35).
A. 1882
ANNUAL REPORT
OF THE
INSPECTOR
OP
DIYISION COURT
PROVINCE OF ONTARIO,
FOR THE YEAR i8So.
grintfrt l>i| (Dntcr of \\\t %t(^\$M\u %$$t\M\y
©oranto :
PRINTED BY 0. BLACKETT ROBINSON, 5 JORDAN STREET.
1882.
45 Victoria. Sessional Papers (No. 35). A. 1882
ANNUAL REPORT
OF THE
INSPECTOR OF DIVISION COURTS
FOR THE
PROVINCE OF ONTARIO,
FOE THE YEAR 1880.
Office of the Inspector of Division Courts,
Parliament Buildings, Toronto, December, 1881.
TO THE HONOURABLE JOHN BEVERLEY ROBINSON, LIEUTENANT- GOVERNOR OF THE PROVINCE OF ONTARIO. '
May it please Your Honour :
I have the honour to submit the following report on the Division Courts for the year ending on the 31st clay of December, 1880 : —
In my intercourse with the officials of these Courts during the year 1880, nothing lias been more marked than the change produced by the Act known as " The Division Courts Act, 1880." It has had a tendency to impress upon their minds the fact that their duties should be discharged in a manner more systematic and uniform than some of them, at one time at least, seemed inclined to adopt in their relations with the public, and also to convince them that a departure from that which is now generally accepted as the proper practice, is not unlikely to be attended with results satisfactory neither to themselves nor to the suitors in the Court. One of the more immediate and gratifying results of this is the greater willingness to act upon suggestions and instructions issued by me as Inspector, manifested by some of those officials who, prior to the passage of the Act, were loth to pay them the prompt attention to which it is submitted they were
45 Victoria. Sessional Papers (No. 35). A. 1882
entitled. This change will be highly beneficial to suitors, and I believe it will be much to the interest of the officials also. Under these changed circumstances, 1 have been most guarded in my conduct, and careful to impress upon all concerned that in so far as my authority affected them, it would be exercised always in regard to and with a knowledge only of their official acts, and that I would be willing to assist them at all times with any information that I might be able to give.
I have had a large number of complaints during the year, and in all cases where I deemed it necessary, since the new Act came into force, I have held investigations or inquiries under the authority of the Act. I have made it the practice to hold these investigations at the Clerk's office, if at all practicable, for the convenience of all parties and for the gi-eater facilities thereby affijrded for consulting the Court books and papers. In order that all parties to these inquiries should have the opportunity afforded by proper time to prepare, and also time and opportunity to produce their witnesses, due notice was given of the intention to open the inquiry at a time and place named. To enable parties to produce necessary witnesses, 1 have printed a number of subpcenas which are given to the parties when they desire it, and it is deemed necessary to apply the statutory power to produce witnesses.
Under this new Act I have found it practicable to inquire into many complaints by letter, and during the year many cases of this class have been the subject of correspon- dence, and have been explained and adjusted in a satisfactory manner. Regarding the nature of these complaints, I may say that they are very varied, and cover nearly all the grounds of responsibility of officials to suitors and of officers to officers. Several have special reference to and arise out of the practice of Clerks and suitors allowing their accounts to remain unsettled for too long a time, many difficulties arising about moneys said to have been collected but not credited in the Court books, or collected and not paid into Court by the Bailiff, and a very varied list of duties unperformed and of matters relating to costs. It is quite possible for Clerks to prevent the possibility of many com- plaints, and of much dissatisfaction, by keeping shorter accounts with suitors, and requiring and enforcing payment of fees when necessary to this end, rather than, as has been the practice, of allowing these accounts to run for years unsettled in the hope that some day money will fall into their hands out of which they may pay themselves, and thus prevent the necessity of asking payment of their accounts, lest by so doing they should offend some party who is a suitor in their Court from time to time. This practice has a twofold effect : it often induces parties to sue accounts that are worthless ; but because they are not obliged to pay costs at time of entering the suit, they will risk it in thi- vain hope that some day they may be able to get something. When they do sue a party out of which money can be made, the Clerk retains the money to pay the old account, and the suitor will most probably blame the Court system, and the officers in particular, when, in fact, he should blamer himself ; but the effect is, nevertheless, to bring some discredit upon the system, and to prejudice the standing of the Court officers with the general public. The remedy is with the Clerks themselves, who by keeping only short accounts, and, as far as possible, taking costs in advance, might easily bring about a much better state of things iu tliis respect than at present exists.
iv.
45 Victoria. Sessional Papers (No. 35). A. 1882
There is too much credit given by Bailiffs to Clerks for their fees ; or perhaps it would be better expressed if I said there is too great a tendency among Clerks to keep Bailiffs out of their fees for services rendered. The fees referred to are those collected by the Clerk for the Bailiff; and as he is the proper person to receive these fees in the first instance, and afterwards pay them over to the Bailiff, nothing should prevent their pay- ment and a settlement of accounts between these officers at least once a month. This bad practice leads to a contravention of Rule 97, which says :— "The Clerks and Bailiffs of the Court shall not, upon any pretence whatever, withhold any moneys received for suitors, on the ground that the Clerk or Bailiff may be indebted to the officer holding such money, either for fees, costs or otherwise." B.aliffs do wrong when they submit to be put in a position to be advised by the Clerk to do this kind of thing in order to make it easy for that officer to pay them. Their proper course is to demand payment of their fees at such periods as may be agreed upon between Clerks and themselves.
In the absence of any statutory provision for returns by Division Court Clerks, shewing ihe business of their respective offices, annual reports on these Courts, shewing the business done and other statistics, have been attended with some difficulty and irregularity in the past ; but as the Division Courts Act, 1880, has provided for the neces- .sary returns for the year ending on the 31st day of December to be made to this Depart- ment on or before the fifteenth day of January following, every obstacle in the way of complete annual returns should be thereby removed.
Like most new laws, this one has imposed upon those giving effect to it the necessity of some study and attention to its requirements, and some practice to familiarize them with new duties. It is not, therefore, at all surprising that some delay and difficulty has been experienced in obtaining from these officers correct returns as required by the Statute ; and although nearly a year has now passed in which to make these returns, I regret to have to say that in a few instances they are not yet complete ; but as compared with past returns, these instances are few and unimportant. Proper forms have been fur- nished to Clerks and Bailiffs on which to make these returns, and I have every reason to believe that the practioe acquired, aided by the full and careful instructions in the correspondence from this Department, will enable all to discharge this duty in the future with correctness and without much labour. With all those who are inclined to be care- less or indifferent to their duties, the necessity of having to make these annual returns acts an important part in correcting abuses, as, in order to make returns, proper records and accounts have to be kept from day to day as the business is done.
The annexed return (Table A) is intended to show, in a convenient form, the volume of business done in these Courts. 1st, it will be seen that the business of each office is shown as distinct from any other ; 2nd, that the total of the business of each County, United Counties or District is given ; and lastly, the grand totals for the Province are shown under their respective headings. In order to render these tables as comprehen- sive and useful as possible, I have given under several headings the results produced by the Act of 1880, shewing the number of suits entered under the increased jurisdiction ; also the amount funded for the payment of jurors, the amount paid to juror.s, and the amount payable to the Hon. the Provincial Treasurer for the use of the Province.
V.
45 Victoria. Sessional Papers (No. 35). A. 1882
Those portions of the tables that apply particularly to the Act of 1880, are only for the period from the 6th day of March to the 31st day of December, 1880, both days jn- clusive In the period named, the increased jurisdiction has given to these Courts three thousand nine hundred and sixty-eight suits that under the old law must, if sued at all, have -one to the County Courts. Three thousand five hundred and ninety-two of these are actions on claims exceeding one hundred dollars. From the standpoint of costs this must be felt by suitors to be a great boon in itself, but the costs forms only part of the benefits conferred by this extension of the jurisdiction. The greater despatch with which decisions are obtained, and the fact that these decisions are obtainable so near their homes, thus saving valuable time, must be very gratifying. This very considerable increase of business to the Division Courts suggests at once that the County Courts must have felt the effect of it in a very marked manner. Reliable returns from the severa County Courts, now in my possession, show a much larger decrease in the business of these Courts for th. period nan.ed than is accounted for by the increase m Division Court business by reason of the higher jurisdiction. The decrease in the business ot the County Courts excee.ls the increase in the Division Courts by seven hundred and nineteen suits, thus showing a large falling off in the business of these Courts independent of any direct influence the Division Courts Act, 1880, may have had upon them. To show the effect as produced in the several County Courts, I append Table B, which shows at a "lance the number of suits entered in each County Court in the Province from the 6th day of March to the 31st day of December, 1880, and for the same period in 18. U. Appeals in the foregoing cases have been but few, and those who feared that appeals would be largely resorted to, and thus create delays and large bills of costs, will be please,l to learn that there was but one case of appeal in 1880. The Act thus secures to the suitor all the benefits which arise from a knowledge that an appeal lies against a ha.sty or ill-considered judgment, without the attending litigation and costs of frequent appeals. The payment of jurors in Division Courts, as provided by the Act of 1880, is a n-w thing and its practical working is looked forward to by some with a fear that the small fees taxable in certain cases for jury purposes will not prove sufficient U> meet the ex- penses of these juries. So far, however, as the returns for a period of a little over ten months will go towanls solving the que.stion, they show the satisfactory result that while $1,948.23 was collected and paid to the several Municipal Treasurers on behalf of the Division Court Jurv Fund, only $1,2.-.0.16 was paid to the jurors, ihu.s leaving .«698 07 of the fun.l m.oxpen.led. In some counties more juries have been summone.l in proportion to their business than in other.,, and the result is that in nine count.e.s - namelv, Brant, Halton. Huron, Middlesex, Norfolk. Oxford. Parry Sound. Peter»>orough and Welland-the funrl has been found insufficient to nH-et the deman.Ls upon it. I'hlH, however I think, will be found to be largely accidental, and cannot be taken as proving anything against the sufficiency of the fon.l ; while, on the other hand, the large surplus point-s to the possibility of the fees, as allowed by the Act, proving more than suthcient for the purpose for which they are s<'t apart.
The new Tariff of Fees for Division Court Clerks and Bailiffs, which came into force on the first day of Janu-iry, 1880. is in an important sense a great improvement upon that
%n.
45 Victoria. Sessional Papers (No. 35). A. 1882
which preceded it, as it has settled definitely several questions as to costs over which a difference of opinion existed, and in regard to which officers were able to claim that the tariff itself failed to explain what these fees were ; or by its indefiniteness, if it did not lead them into errors, at least permitted a difference of opinion to exist among officers as to what the legal tees were in certain cases. The clear, definite mode of expression employed to define what entitles parties to the fees, together with the explanations of several items, given in parentheses, have left very little if any room for doubts or disputes, and, as a consequence, any attempt to tax costs, except as allowed by the tariff, is inexcusable. This tariff has had the effect of reducing the fees payable to Clerks by a small percentage ; and as it is followed by increased jurisdiction, many officers feel that, with the increased responsibility imposed, they should have an increase in the tariff in all cases in which the claim exceeds one hundred dollars.
In view of the great saving to suitors by this increased jurisdiction — from one to two hundred dollars — an additional item to the tariff might be added, giving a slightly increased fee in this class of suits. Such an increase would be almost as nothing in individual suits as compared with the costs formerly paid, and would, in the aggregate, about make up to the officers the reduction caused by the new tariff. I think it would be found to assist in obtaining the efficient discharge of duties, and would satisfy what may, perhaps, be described as a not unreasonable expectation arising out of the new jurisdiction. While the tariff does not pretend to pay a fee for every little service rendered as distinct from others, it is designed to pay a fee for all the prominent and oft-recurring acts of officers in the discharge of the duties imposed by the Statutes and Rules of Court. There is, however, one service rendered by Bailiffs that is of frequent occurrence, for which no pay is provided, and one that, I think, is felt to be something of a hardship, and that might, with great justice, be considered as entitling that officer to a small fee. When a Bailiff receives a writ of execution, and is obliged, by the circumstances of the case, to return his execution nulla bona, he does not become entitled to any fee, al- though he has received the writ and entered it in his process book, and may have done considerable travelling and spent some time in endeavours to enforce it, finally entering it upon his sworn return, showing when he received it, when he returned it, and what returns he made thereto. In such cases I would respectfully suggest that a fee be allowed the Bailiff for receiving execution, entering same in Bailiff's Process Book, and making retxirn thereto when returned nulla bona. (When the execution is returned nulla bona, no other fee to be allowed.)
By this means the greater inducement of full fees would bejheld out to a Bailiff if he made the money ; but being obliged to make a nulla bona return, he would receive a small sum in consideration of work actually done.
If this were done, it would not only remove what is felt to he a grievance, but would, at the same time, prevent any attempt at exacting any other fee in such cases — a practice that is still attempted in some localities, and in some instances allowed, the chief authority for allowing it being found in .section 214 of the Division Courts Act,
which says : " In any case not expressly provided for by this Act, or by existing Rules,
or by Rules made under this Act, the Counly Judges may, in their discretion, adopt and
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45 Victoria. Sessional Papers (No. 35). A. 1882
apply the general principles of practice in the Superior Courts of Commou Law to actions and proceedings in the Division Courts."
Many executions are returned every day ntifla bona upon which no fees are allowed to the Bailiffs upon the well-known practice that where such a return is made no fees have been earned by that officer. Now, it appears to me that if the fees claimed and allowed as above, when a writ of execution is returned mdla bona, are legally and rightly allowed, a great injustice is being done to the great majority of the Bailiffs by disallowing these fees. There is nothing in this service (attempting to enforce a writ of execution, and failing to enforce, then returning it mdla bona) that is extra- ordinary, or out of the usual course, or, as it appears to me, that entitles it to be considered as coming within the scope of the section just quoted. On the contrary, I think the services named are considered and covered by the language of the tariff, and if " not expressely provided for " are provided against. Item No. 7 of the Schedule of Bailiffs' Fees allows the Bailiff a fee of eleven cents for "every mile necessarily travelled in going to seize on a writ of execution, where money made or case settled afttir levy." The provision that these fees can be allowed only " where money made or case settled after levy," would seem to make it superfluous to say that, where the money is not made or the case settled after levy, these fees are not to be allowed. I am unable, therefore, to see how this fee for mileage can be allowed under the tariff against either party to the .suit. No provision is made in the tariff for allowing this fee against the party suing out the execution, in case of failure, to make the money, or of a settlement after levy.
Rule No. 170, after declaring certain rules and forms rescinded, says: — "And from and after the first day of January, 1880, the fees set forth in the tariff hereto annexed, marked 'Schedule of Clerks' Fees' (Form 130), and 'Schedule of Bailiffs' Fees' (Form 131), shall be the fees to be received by the several Clerks and Bailiffsof Division Courts in Ontario, for and in relation to the duties and services to be performed by them, as officers of the said Courts, and .shall be in lieu of all other fees heretofore receivable."
Payment is claimed by some Bailiffs for mileage travelled in going to sell property after it has been seized and duly advertised. No fee is allowed by the tariff for this service by the Bailiff. He, however, is allowed five per cent, upon the amount realized from the sale of any goods under execution ; and it is found, I think, that this is a fair allowance when he has a sale. When he is obliged to postpone the sale from any cause, he is for that occasion without a fee for his mileage ; and if obliged eventually to return the execution nulla bona, as stated above, he is not entitled to any fee. I have to regret that there should still be this want of uniformity, caused by the allowance of the item above named ; it causes discontent among Bailiffs, and creates trouble with the Clerks and Bailiffs. The Bailiff receiving them with the approbation of his Judge, is much bott<'rofl than his brother Bailiff in, it may be, the adjoining county who does not. These officers will, no doubt, compare, and in fact do compare, their respective modes of charging fees^ and the effect produced must be disagreeable. But, in addition to this view of the
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45 Victoria. Sessional Papers (No. 35). A. 1882
case, the suitors paying these fees will also compare notes, and must feel much aggrieved at having to pay different fees for similar services in different counties,
Under these circumstances, it must continue to be my duty to consider the officers demanding and receiving these fees as doing wrong, and to so report them to the Gov- ernment, in order that justice may be done, and that uniformity of fees may be brought about, as intended by the tariff.
In order the better to prevent officers from looking for payment for services, for which no fees are allowed by the tariflF, and to prevent their allowance, under the pro- visions of section 244 of the Division Courts Act, I respectfully subtoit that this section should be so amended as to prevent the possibility of granting fees under it. Cases do arise occasionally where the presiding Judge, in matters of practice and procedure, adopts or applies the general principles of practice in the Superior Courts of Common Law, but there does not appear to be any good grounds for allowing fees under this section. It was never intended, I think, that it should be considered as granting this power, but some ingenious minds have used it as a means whereby additional fees may be obtained, and in some instances successfully.
Subsection 4 of section 23 of the Division Courts Act, 1880, says it shall be the duty of the Inspector "to see that lawful fees only are taxed or allowed as costs." In order to enable the Inspector to discharge that duty fully and in a satisfactory manner, the above points should be definitely settled, and some further legislation may be found necessary to that end.
I have reason to believe that this tariff is better understood for the time it has been in force, and more closely adhered to, than any that has gone before it, and with pro- longed practice under it I have no doubt complaints for overcharging will decrease.
The Act of 1880 having defined the duties of the Inspector, and conferred upon him statutory authority, and at the same time brought the matter of the inspection of the Division Court officers more prominently before the public, it was deemed well to adver- tise the office of the Inspector, so that any person desirous of communicating with that officer in regard to matters relating to the office might do so conveniently. Accordingly, an advertisement was inserted in the daily Glohe and Mail newspapers giving the neces- sary information.
The new relation of the Division Court Clerks and Bailiffs to the Government and to the Inspector, as created by the new Act, made it desirable to communicate at once with all these officers, and for that purpose I sent to each Clerk and Bailiff a copy of the following circular letter : —
Office of the Inspector of Division Courts,
Parliament Buildings, Toronto, ith March, 1880.
To the Clerks wnd Bailiffs of the Division Courts of Ontario :
Gentlemen, — All communications by letter from Clerks and Bailiffs to the Inspector should be addressed to the latter at the office of the Inspector of Division Courts, Parlia- ment Buildings, Toronto, and to all letters and inquiries by the Inspector touching any
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45 Victoria. Sessional Papers (No. 35). A. 1882
suit or proceeding in any cause, or the conduct of any officer in the discharge of the duties of his office, a prompt answer and full explanation of the matters inquired about will be expected. (Section 26, Division Courts Act, 1880.)
The Clerks and Bailiffs, in informing the Inspector of their appointment to office in the first instance, or of their having given new sureties, as required by the 27th and 28th -sections of the Division Courts Act, 1880, are requested to state, in addition to the re- quirements of the sections named, the amount for which the officer is personally holden ; the amount for which the sureties are severally holden ; the date of the covenant given, and the date of tiling the same with the Clerk of the Peace.
In obtaining the certificate of the Clerk of the Peace, named in the 28th section of the Division Courts Act, care should be taken to see that the certificate gives the names of the sureties ; their callings or professions, and places of residence ; the amount for which they are severally holden ; the amount for which the officer is personally holden ; the date of the covenant filed, and when it was filed ; and that the same was first under the hand of the County Judge, approved and declared sufficient.
The procedure book, which is in fact a register of every suit entered in Court and of every proceeding had or taken therein, should show distinctly, and in a plain, legible hand, the names of the parties to the suit and the post-office address of each. Each suit should be numbered (a year number only should be kept), and entered on the day on which the claim was received by the clerk for suit, and the summons should be issued forthwith, unless otherwise directed by the plaintiff. Care should be taken to give the date in every instance, in noting the issue of any process of tlie Court, the returns thereto, and the recording of judgments or orders of the Court, and where any cause is withdrawn or settled between the parties, and the Clerk is Etdvised of the same, a minute of the fact should be entered on the procedure book. The costs should be entered in items as the suit progresses, and each page of the book should Ije signed by the Clerk (as Clerk) at the foot of the page as soon as an entry is made thereon. (iS'ee sections 37 and 38 of the Division Courts Act, and also Rules 77, 78, 121, 149 and 163.) Every notice required to be given by the Clerk, under Rules 88 and 9'i, or sections 14, 19 and .")G of the Division Courts Act, 1880, should be noU-d in the procedure book as having been mailed and registered, giving the date of mailing, and the post-office certifi- cate of such registration should be filed in the papers in the cause. (See Rules 86, 148 and 180, and section 56 of the Division Courts Act, 1880.)
This book should have an index bound in it, and the index should be kept up to date, and the reference should always be to the page of the book, and not, as many Clerks have it, to the year number, wliich necessitates an index for each year, and makes searches more troublesome than they need be.
Entries in this book should in all cases be the original entries ; there should be no attempt to keep any other book from which the entries are transcribed into the procedure book. This practice has been adopted by some Clerks, avowe<lly to save the procedure book from constant wear, and to the end that it may be made to pn-sent a better and cleaner appearance than it otherwise would. All such practices, however, are wrong, and tend in the end to carelessness, procrastination and mistakes in transcribing.
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45 Victoria. Sessional Papers (No, 35). A. 1882
lu minuting the issue of every writ of execution or warrant, the date of the issue and the amount for which it issued should be given. The renewal of any execution or warrant should in all cases be noted in the procedure book, taking care to show the date of such renewal.
In receiving returns by Bailiffs to executions, the Clerk should require the return to be made in accordance with Form No. 124, and such return should be endorsed on or annexed to the writ of execution. If money has been made, the Bailiff should obey the writ literally by paying into the Clerk's hands the amount for which the execution issued, and his lawful fees (that is, the Bailiff's fees for enforcing the writ) ; and there should be endorsed on the writ, or annexed thereto, a bill of the Bailiff's costs in detail. (Rule No. 176.) The clerk should then tax the costs, and pay to the Bailiff his lawful fees and no more, and in doing this he should learn from the Bailiff whether the service for which he claims a fee has been rendered. The production of the money may be accepted as shew- ing that the fee for enforcing the writ has been earned. Inquiry should be made as to whether the mileage claimed, if any, is from the " Clerk's oiEce to the place of seizure ;" if a fee is claimed for a schedule of the property seized, then the schedule should be pre- sent, either endorsed on or annexed to the writ ; if a fee is claimed for a bond, then the bond should be produced : if there is a charge for notice of sale under execution, the notices must have been posted up to be allowed, and one of them will be in the Clerk's office ; and if a commission is charged under the 13th item of the schedule of Bailiffs' Fees (Form 131), it can be allowed only upon the amount realized from the sale of property under any execution, but such commission cannot apply to any overplus thereon.
The minute of the return of the execution should show the date of the return, the amount of money returned, that the Bailiff's costs were taxed, and that the Bailiff was paid his fees.
If, however, the Bailiff has neglected to return the execution within the time re- quired by law, for such neglect he forfeits his fees, and it becomes the duty of the Clerk to pay the same over to the County Crown Attorney, and all such acts of the Clerk should be minuted in the procedure book. (See sections .51 and 52 of the Division Courts Act, and Eule No. 98.)
When a writ of execution is renewed, under the 163rd section of the Division Courts Act, as amended by section 64 of the Division Courts Act, 1880, the Bailiff should un- derstand his duty to be to make a seizure as soon as possible after the receipt of the writ, and should proceed to make the money as expeditiously as practicable within the forms and requirements of the law in that behalf. In no case should this renewal for six months be construed into a license to give the defendant that length of time in which to pay the execution debt, except in cases where the plaintiff gives instructions not to press the matter to a sale. And all such orders should be in writing, and should be returned to the Clerk with the writ of execution, to be, with it, filed in the original papers in the cause. {See Rule No. 86.) As the renewal can only be made at the instance of the execution creditor, the Clerk should always have an order for that purpose before renew- ing any writ.
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45 Victoria. Sessional Papers (No. 35). A. 1882
In proceedings to garnish debts, the entries to be made in the debt attachment book should be made at the dates they bear in the procedure book. Some Clerks have fallen into the habit of leaving the matters which should be recorded in this book to be tran- scribed from the procedure book at some future time, but the fee for this entry is charged in the costs in the procedure book ; and if the entry has not been made in the debt attachment book, such fee has not been earned. Every Clerk, in keeping his cash Eu;count (Cash Book Form No. .5), will be expected to keep a daily record of the receipts and pay- ments of suitors' money and of all fines paid into Court, in compliance with the said form. To do this it is necc'essary that moneys as received be entered immediately on the debit side of the cash book, as received in the cause named in the entry, and when paid out that they are entered immediately on the credit side of the cash book, as paid out in the cause in which they are shown to have been received. Thus the money in any suit is kept as distinct from that of any other suit. The receipt for money paid out must appear in the cash book, in the column provided therefor ; or if paid on the plaintiflfs order, the order will be referred to in the said column as having been complied with, and will be found filed in the papers in the cause. (Rule No. 86.)
A cash book kept in this manner will show at any time the amount of suitors' money in the Clerk's hands, and any balance found to be in the Clerk's hands will appear as unreceipted or unaccounted for entries on the debit side of the book. This account should be balanced not less frequently than quarterly, but where the business is larger, it is desirable to balance it monthly.
Clerks who have been making entries on the debit side of their cash book only, under the plea that when the money was receipted that was sufficient, and that thus the entries on the credit side became unnecessary ; and others who have been in the habit of paying money out to suitors in lump sums, or on account of moneys in Court, without distinguishing in what particular suits the same were paid, will pleaae bear in mind that none of these plans are, or can be considered, as satisfactory, or a proper discharge of their duties in this behalf.
Rule 96 provides that any Bailiff receiving any sum of money by virtue of his office shall, within si.K days after the receipt thereof, pay or transfer the same to the proper Clerk, and neglecting or failing to do so, shall be subject to the loss of his office. By this rule it is intended that Bailiffs shall be prohibited from retaining in their handi not only the principal, but any sum which they have received on account of, or as part of, any ex- ecution debt ; and no matter how small the sum may be, it is to be paid over to the Clerk, within the time named, for the party entitled thereto.
A blank form on which to make the return required by section 30 of the Division Courts Act, 1 880, will be mailed to each Clerk before the end of the year.
The particular attention of Clerks and Bailifis is invited to section 31 of the said Act, as this daily account of fees should commence at once, for, if neglected for a short time, it would not he possible to arrive at it correctly. The return is intended to show the amount of fees earned by each Clerk and Bailiff yearly, and the book from which it is made up must be a daily record of fees earned.
xii.
45 Victoria. Sessional Papers (No. 35). A. 1882
Clerks and Bailiffs who engage in other business, the emoluments of their offices not being a sufficient remuneration for their full time, should remember that their duties as officers of the Court require daily attention. The time necessary to devote to it in any single day may be very short, but it is necessary nevertheless ; and every officer should have a fixed system of turning his special attention to his Court duties each day for a sufficient length of time to despatch the business on hand, and this should always em- brace the reading, answering, and filing of letters.
Many Clerks have altogether neglected, or been so slow to answer the inquiries of suitors, their attorneys, or agents, touching any suit in Court, that great dissatisfaction has been expressed by many parties so treated, and much loss and inconvenience expe- rienced by them ; and as it is very desirable, in the interest of suitor.?, and indeed of the Clerks themselves, that this state of things should cease, every Clerk will be expected to answer his correspondents, on official business, promptly and fully, and to file all letters received from them in the papers in the cause to which they may relate, so that the same may be produced for the information of the Inspector when required by him. {See Rules 86 and 174, and section 26 of the Division Courts Act, 1880.
A copy of the Act extending the jurisdiction and regulating the officers of Division Courts, will be sent by mail to each officer of these Courts, and it is hoped that each officer will become thoroughly acquainted with the provisions of the Act, some of which are new to Division Court practice.
The new and important relation of all Division Court clerks and bailiffs to the < Jovernment, brought about by this Act, should have their special attention, as it will hereafter be the special concern of the Government to see that the duties devolving upon Clerks and Bailiffs, in the matter of collecting and paying over moneys, are performed with the utmost promptitude and regularity.
4i
Your obedient servant,
J. Dickey,
Inspector o/ Division Courts, Ontario.
P. S. — Section 37 of the Division Courts Act, 1880, will not be construed by the I nspector to prevent any Clei-k or Bailiff" from acting in the enforcement of any landlord's warrant, or any distress warrant issued by any Justice of the Peace, or in acting under the powers contained in any chattel mortgage, or in making a seizure by way of distress under any mortgage, or from filling any public office involving the collection of moneys.
.T. D.,
/. I). C, 0.
Judgment debtors summoned for examination, under section 177 of the Division Courts Act, and who have removed from the division in which judgment was recovered, to another division in the same county, can only be summoned for examination in the division in which the judgment was recovered. It frequently happens that judgment debtors of this class suffer great hardships in having to travel long distances and incur
xiii.
45 Victoria. Sessional Papers (No. 35). A. 1882
expenses in order to answer these summonses. At one time a transcript of judgment could not be sent from one division to another in the same county, but the law has been so amended that a transcript of judgment may be sent to the Clerk of any other Division Court, whether in the same or any other county. If the judgment debtor removes to another county, he may be summoned for examination in the division in which he resides ; but if he removes to another division in the same county, no matter what the distance may be, he can only be summoned to answer in the division in which the judg- ment was recovered. By so amending the Act that a judgment debtor may be summoned to answer in any division wherein the judgment has been obtained, if the defendant resides or carries on his business within that division, or to answer a summons from any Division Court in any other Division, into which the judgment has been removed, under tlie one hundred and sixty-first section of the Act, and within the limits of which Divi- sion Court the defendant resides or carries on his business, an act of justice would be done to these parties, and in many cases the savings resulting from it would go a long way towards paying the judgment. It would also be found to be cheaper for plaintiffs, in many cases, as summonses are often served by Bailiffs out of their own division, upon which large mileage fees are made.
There appears to be no provision made by the Division Court Acts for any one to act in the place of a Bailiff who may be temporarily unable to perform his duties by reason of sickness, and a difficulty of this kind arising the only remedy is by the appointment pro tempore of some one to act in his stead ; and as that cannot be done without correspon- dence and some little delay, I would respectfully suggest that section 74 of the Division Courts Act, which already provides for the case in which there is no Bailiff of the Court in which an action is brought, be amended so as to allow the Bailiff, whose servii e.s may be r('i|uired whf!ii there is no Bailiff in the division, to act when the Bailiff of a division is unable from illness or accident to perform the duties of his otHce, in the same manner that he is required to act when there is no Bailiff for the divisioru This amendment would not disturb the working of the Act, except as to this one additional power and the provisions of the next section (75) would .still apply and cover the pase.
Now that the Lieutenant-Governor appoints all Division Court Clerks and Bailiffs and the Government has full control of these officers, it is desirable that an easy and practicable mode be provided for granting occasional leave of absence without having to apply to the Minister, and particularly to avoid the nece8.sity that now exists of making appointments to fill the places of such officers as may be granted a leave of absence.
At present the Clerk may (with the aproval of fthe judge), when prevented from acting, by illness or other unavoidable accident, appoint a deputy to act for him, but only under the circumstances named can he do so ; an<l a Bailiff cannot appoint a ileputy under any circumstances ; of course, either of these officers can employ clerks or assistants at pleasure.
The object sought might Iw obtained by empowering a Clerk or Bailiff (with the approval of the Inspector) to appoint a deputy to act for him during any leave of absence which may be granted to him, the officer's sureties to be jointly and severally responsible for all the act.s and omis-nions of the Deputy ; and the Inspector might be empowered to
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45 Victoria. Sessional Papers (No. 86), A. 1882
grant to any of these otKoers, on application, such leave of absence as would appear reasonable under the circumstances. Experience, I think, has shown that some such provision as the above is necessary in the interest of all concerned, and to a free and easy working of the new system of appointments.
As the tendency of legislation generally is to simplify and cheapen the means of obtaining justice, I hope 1 may be excused for calling your attention to what appears to me, and I may say to others also, an unnecessary expense in interpleader cases. In these cases the claimant and the judgment creditor are both summoned to attend at the sit- tings of the Court when an ajjplication has been made by the Bailift'in the proper form for interpleader summonses to issue. To do this in compliance with the rules and forms, two original summonses issue, one known as "' Interpleader Summons to Claimant," and the other as " Summons to Plaintift" on Interpleader ;" of course copies of these summonses are issued and served. It is difficult to see the necessity for these two original summonses in what is simply a case to try the issue raised by the claim made by the claimant, and it is believed that one summons might be so framed that the object sought to be accomplished by these two summonses would be equally well accomplished by it. As a matter, of fact, the presence of the plaintiff is often unnecessary at these trials, and when he is present it is generally to watch the ease in his own interest, and it may be to give evidence. It is doubly desirable that the costs in this class of suits should be kept as low as practicable as they always follow actions where costs haie already been made, and under the circumstances it is to be regretted that by the present practice costs in these proceedings are exceedingly high.
When a Clerk receives a transcript of judgment from another Court he enters it upon his procedure book and thereafter treats it in all respects as he would do if it had been entered with him originally, except when money is made, and then he notifies the Clerk who issued the transcript. It frequently happens that an execution issued in this class of cases is returned nulla bona. When the Clerk has entered this return he has done his duty and is not required to notify either the Clerk who i.ssued the transcript or the plaintiff in the cause, except when written to on the subject. It would assist the usefulness of these Courts if, immediately on the return of an execution in this class of suits, and when the execution is returned niilla bona, the Clerk was obliged to notify either the plaintiff or the Clerk who issued the transcript, that an execution issued in the cause had been returned nulla bona.
I have urged upon Clerks the necessity of doing this in their own interest, and many are doing it now ; but it should be made the imperative duty of all to do it, and the usual fee of 10 cents for a notice should be allowed. Perhaps there is no single feature in the work- ing of these Courts that causes so much trouble and dissatisfaction as this apparently insignificant matter in practice. The great majority of suitors believe when they have entered suit and obtained a judgment that further proceedings, such as sending a transcript of judgment to another Court and informing them of the result after execu- tion, should rest with or be a duty of the Clerk of the Court when applied to. On looking into the matter it will, I think, be found that this is not an unreasonable expectation. Such persons almost invariably call upon the ( Jlerk with whom they entered
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45 Victoria. Sessional Papers (No. 35). A. 18S2
suit for this information, and I think he should be in a position to inform them of the result as well when the execution has been returned 7iulla bona, as when .the money has been made. At present he is too often obliged to inform them that he knows nothing of it, that he has not heard from the office to which he sent the transcript ; but if the above suggestion were accepted he would be in a position to give all the necessary information required by the plaintiff.
Seals are required from time to time to supply the places of those that are worn out, and always in the case of a new Court being fstablished.
Section six of the Division Courts Act provides that these seals shall be paid for out of the Consolidated Revenue Fund ; and this being the case, it is necessary that the expenditure be kept within proper bounds, by allowing new .seals only where absolutely necessary, and by seeing that the price paid does not exceed a certain sum fixed for tliose seals. It is also desirable that they be uniform in design and quality.
In order to give effect to these requirements, I have adopted the rule, that the Clerk should apply in writing to this Department, the application to be accompanied by the best impression the old seal will make, and the certificate of the Judge as to the necessity for a new seal. '
Under these regulations seals are furnished in all cases of necessity, and forwarded by express to the proper parties to receive them, and the annual outlay is thereby kept at a minimum sum.
In offices where the business is large, the seals require renewing or repairing more frequently Ihan in those where less business is done ; and as the Clerk is paid by fees, it follows that the officers receiving the largest emoluments will cause the largest outlay for seals. Under these circumstances, I would recommend that the law be so amended that all first seals at the time of establishing Courts be paid for out of the Consolidated Revenue Fund, but that in all cases where new seals are necessary to replace old ones, they be furnished only to offices where the number of .suits entered in the Court in the preceding year did not exceed 500 ; and that in all offices where the suits entered in thf preceding year exceeded 500, the clerk be required to furnish the seal out of the emolu- ments of the office.
Persons unaccustomed to the working of the Division Court system upon looking over the annexed return (Tabic A), and comparing the total amount collected with the total amount of claims entered for suit, would most likely form an erroneous opinion regarding the usefulness of the Courts. It should be borne in mind in making any eompari.sons of this kind that in many cases claims are entered, and subsequently the parties set^« their differences without any payment of money into Court. In the aggregate, very large suras are collected in this way, and many a debtor finds in the elasticity of this system a most convenient means of settling his indebtedness by turning over to his creditor some chattel, or giving satisfactorj- security, all of which is generally accomplished between the parties without the interposition of a third party. Then large sums will be represented by non-suits, and cases in which claims are made in excess of what is eventually allowed in judgment.
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45 Victoria. Sessional Papers (No. 35). A 1882
Proper allowance being made for these deductions from the total amount paid into Court, and at the same time bearing in mind a numerous class of suits entered by very sanguine persons, but where there is very little, if any, prospect of making money, and I think the results will be found to be fairly satisfactory.
I have the honour to be
Your Honour's obedient servant,
J. Dickey, Inspector of Division Gov/rts.
xvii.
45 Victoria. Sessional Papers (No. 35). a. 1882
TABLES.
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■?3!Hsi(j JO 'sanunoa I P^l!"il Auno.j qoBa m 's^jnog jaq^d niojj paAjaoaj ^gamgpnf jo syluasuejx P Jaquinu aqx
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Sessional Papers (No. 35).
A. 1882
JO ggx uoipag JO aauBiisjncl ui i>8hbo sjojnf S(\ siuuj^ .tjuf JO jaqmuu aqj,
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45 Victoria.
Sessional Papers (No. 35).
A. 1882
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■?oij;s!q; jo sat^utio,-) pa^iu^^ 'A^unog qoBa UI ooilj; spaaoxa pauiiBp ^uhouib am ajai[Av pajajua s^mg jo jaqumu aqj,
10iji)Siq; JO saiiuno.j pa?!U_i '.Ciuno^ qoua ui '^jnog JO ?no prect Xauoiu ,sjo;mg jo ^unouiB' [b^o? aqj,
•Ioij^siq; jo sai;unop pajm.l '.C}unoQ qoBa ui iijuoq 0}ni piBd Aauoui ^sjoqing jo ^umotub [bioj aqx
■i|ouqsi(j; JO saijuuoQ pa^ui ;^ 'A'^unoo qoBa ui pause; sasuouium>^ luauiiipiij^- jo jai[umu aqj^
•^oij^siQ JO sanunoQ pa;m ^ '.f ^unoj qOBa ui s^juoQ jaqjo tuojj 'siuaiuSpuf JO s^diJOSiiEJX .{qpaAiaoaJ simEjo jo ^unouiB aqx
■!)oij?siQ JO 'sai^unoQ pa'jiu .^ '^^unoQ qoBa ui s^juoq jaq^'o uiojj paAiaa -aj sjuauigpnf jo s^duosuBJx jo jaqiunu'aqx I
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saijunoQ pa?ra^^ 'A"}uno.^ qoea ui 'sasuouiiung ^uaiaSpnx' l™« sjuaragpn^- jo" b~)dijDsuBjx JO BAisniDxa 'paja^ua siuibjj jo ^uuouie aqx
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•}Dij}stQ; JO sa^uno^ paqiu r^ '■^^""0,3 '[^"^ °! s^uiiisiAifE P jat|uinu aqx
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Sessional Papers (No. ci5).
A. 1882
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"0^ spaaaxa pamrep )unoia« aq) ajaqAV IJOJ, joj kuojiob jo jaqmnu aqj,
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Sessional Pajjers (No. 35).
A. 1882
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•^oij^sjd JO 'sai^unoQ pajiuj^ 'jCtinnog qo«3 ui s^jnog jaq^o raojj pakiao -aj s^aaraSpn^ jo s^duosu'BJX }o jaqmnn aqj,
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Sessional Papers (No. 35).
A. 188i>
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'Of§ }" ™"S 9q} spaaoxa paure^ap JO ua)!^} 'panrei}sip s^oajja jo.fijjaclojd jaq^o .10 8poo^ aq^ jo an^CA aqi a.iaqAV niAaidaa. Jo suoijdh jo jaqoinn aqj;
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Sessional Papers (No. 35).
A. 1882
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•?DU}si(j JO saijuno;^ P^li";! '.f^unoQ qasa ui jj'ioy sjjnoj uoi'siAifi aqj^ „ JO SSI uoijaas jo aauBiisantl ui ' pajiBo 'sjainx' A"q siBUj^ Xm^ jo jac[iuuu aqj^
JO saijunoQ pa^iuxi 'Aunog qata "ui 'panotuoms sjojrif oi pred ^nnouiB aqj^
•}OLHSi(j JO saijunoQ ^ pajin^^ A";ano,5 qDva iii 'pauummns saunf jfq s[buj^ A'jnp jo jaqaitm aqx |
•?au}S!fi JO sa;}unoQ pa};n£^
'AinnoQ qoBa ui '()[•§ jo uins aip spaaaxa
I pauiBjap JO ua^c; 'paniBj^sip s^oajja JO
j ijjadojd jaq'jo jo spooS aqj }o aiqsA aq}
I ajaqAi uiAaidajj jo saoijoB }oaac[imui aqj,
■^oijjsiq; jo saijanoy pa^iu -^ Tf^uno^
qaBa ni 'ofg spaaaxa paniiB[o ^unoniB
I aq:) ajaqAi ^jo^ joj suopae jo jaquinu aqj^
■qoij^sig; jo saijnnoj pa^iu | 'Ajuno,;) qoBa ni qoIS spaaaxa paaiiB''[D junoiuB aq^ ajaqAi pajajua sjing jo jaqumu aqj^ |
•?au}S!(i JO sapuiiog paiiu^l 'Ajnnoy qasa ni ^jnog }o ^no piBd Aauocn ^sjoimg jo ^unoniB jb^o} aqj^
jo eaijunoQ pa^m^ 'Ajuno^ qoBa ni ^jnoQ o}a; pred Aanora ,ijo}mg jo !|unoinB Jb^o^ aqj[,
■}Oij}si(i JO saijunog pa^iu^-^ 'A}unoQ qaBa u; panssi sasuocuuing ^uauiSpiTf jo jaquinn aqx
•^oij^siQ JO 6aiiiutio3 pa}ra_^ 'Ajnnoj qaBa ni 's^jnog jaq^o mojj s^'aaingpnp jo s^dijosuBjj^ Aq paAiaoaj suiibo jo i)niiomB aqj^
•}aiJ5si(j JO saijunoQ pajm ^ 'i?nno3 qoBa ui sjjuoq jaqjb mojj paXiaa ■aj sjganigpnj' jo s^duasncjx jo jaqrann'aqx
•4aij^si(j JO saijmio^ pajra;^ 'A^unop qaca ai 'sasuouirang }uauiSpuf puB s}uaim-;pnj^' jo' s^dijosuBjj^ JO aAisrqaxa 'paja^ua "raiBi;-) jo ^nnotuB aqj;,
■?3tJ}sifi; josapnuo.i pajiU;^ 'A^unoQ qoBa m 'sasuomrang ^uanigpiip ^ sjuauigpnp Jo s^iluos ''"^■'X J" aAjstqaxa 'pajajua sjmg jo jaqumu aqx
*;• vi j
•}aij}si(j JO sat}ano3 pajm^ 'AnnoQ qaBa ui siioisiaiq; jo jaquiiiii aqj^
o
X
O X
s 5
|
^ |
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Is |
|
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^ |
<3 |
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j: |
""S |
|
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o |
< |
s |
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ra |
c
45 Victoria.
Sessional Pajjers (No. 35).
A. 1882
(a
3 O
B
|
These items apply only to the period from the .5th of March to the 3l8t of December. |
•aoaiAOj^ aqi jo asn aq? joj aainsBajx aq'} aiq'Bjnuuo}^ aq? o} aiqB^'Bd Biuamnjorag puB saa^ jo ^unoouy |
w ; |
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a^ i |
• |
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U ta rH 31 f-i ■* 3: ir: 3i X lo X a: |
CI C) |
§2g:;55 |
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|
,/?Dv s?jnoo noisiAiQ aqx., JO ggx uoi^oag JO aDUBnsjiid ui paj^jD sjojtif Aq' spjux /{Jnf jo aaqmnu aqx |
- |
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|
•paaomnms sjojnp o} pred ^unoniB aqx |
* : |
. : :o |
• |
O -CI . . i-H ■ - .— ■ • |
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|
■pauoramiie saunx' iq ^^I^l^X -fjnx' Jo aaqmnu aqx |
: :" |
•" : :^ ; : |
||||||||
|
'OJ-S }" "■"* aq} spaaaxa patnB}ap JO uascB} 'paarejjsip s^oajja jo X^jtaVlojd aaq^o jo spooS aq'j jo anxex aq} aaaq.« niAa(dajj jo suopaB jo jaqmnu oqx |
; |
■ : •• |
• CJ |
r'^ |
-— - |
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|
"Of § spaaaxa paiurep }unom« aq} ajaqM }Jox Joj suoi}d« jo jaqmiin aqx |
•H ^iHi-4 |
d • |
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|
'OOTS Bpaaoxa paraiB[3 innomu aqq aiaqAi paja}ua s}rag jo' jac[ ranu aqx |
c. -,2 m ■ -^ t-~ |
■^t". |
CiOW |
MN |
||||||
|
■JJnoj JO ^no pred Kauova ,8J0)mg }o !)unoure \v%o% aqj, |
£ :: S "^ S ?3 |
I-- l^ O CJ CI ^ t^ ,~ *.* y; r.- iT |
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|
•}jnoo o^ui \nv(i Xauora ,8Jo;ins jo ^nnorao t«?o^ aqx |
I'-X §5 |
r: oj i~ ■»■ -r -J |
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|
•panssi B9tm<imtnng luauiSpnx' jo jsqoinn »qx |
n CI « •«».': |
e:!.': |
§«s«» •: |
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|
•KH'ioo Jaquo raojj f:)u3iui)pnf }o B^duoRunJx ^q paAiasaj snireig }0 }unoui« sqx |
5:;£S§f3 |
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|
•ejjno,') jaq^o raojj paAiaoaJ maamSpiif jo s^duosuBoj, jo jsqmnii aqx |
J£«2^«.9'JJ |
1* -r -^ -f C» 4.- |
||||||||
|
1 ■nasuouiuiiii.; ^uaiu • -Spiif puB B)uaniJipiij- JO mdiaacanax }"' aAis -iiioxa iJnoQ ui paja^ua saiiii,') jo lunoure aqx |
-f — X -r — ri = n .? - ?5 5 |
S5 |
»;: h- ;5 ».* OS »C • — t* « -^ T iiliili |
|||||||
|
'Aattuotiitniic^ iuamSpm- pu« 8)uaai!ipnf jo ejdiJOsuuJX }» SAisnpxa VOO "! paja^ua h^ius jo ja<|iunii aqx |
SKSS:*! |
11 |
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■puoisiAiQ JO jai)iiiiiu aqx |
^ »i M -r i.-: ■- |
.-N |
.1 « r; T o to |
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|
= t t E- |
< < |
a ■ < |
i 1 |
i 1 e |
10
4.") Victoria.
Sessional Papers (No. 35).
A. 1882
qo-Ra in 'aouiAOjj an-} jo 9su ftq; .11 'j -.<TJ(1 s'}U9unnom%{ putt soo^^j jo ^nmoiuti aqj^
•^ou^siQ JO S3iiini03 p8?!i';l '^"""0 t[Dra nt , 'piii\.f /Cjiif s^jnoQ uoisiaiq ,, joj jojnsnajj^ o*; a[qtjX«d ^iniouiB aijj^
" S
•^oiaisiQ JO s9!?uuo,3 psitUil 'XmnoQ qoua tii ii'loy sqjnoQ uoisiaiq a^i „ JO ",i uoi5Das JO aoutJMSjnfl ui pa^^tio 'sjoju|* Xq s|Buj^ Xjnf JO jaqmnu aqj^
5--
JO sapunoQ p9^iU|"j 'X^uno;^ i[0B9 ui pauomrans sjojtijf* 05 pred ^anora^ sqj^
*;ou^siQ JO S9iiun03 P95IU0 'A'^unoQ t(DB9 UI 'p9notaOTns saunf Xq sjbijj, ijnp jo jaqranu aqj^
•:;otj^siQ JO s9i5iinoQ p9:;!U;"i^ 'XjnnoQ ^(D^■^ iii 'oj-g jo tuns aqu sp99DX9 panre^ap jo uajjv} 'p9uiEj?sip sqoajja jo X^jadojd J9IH0 JO spooS am jo 9n]BA aq^ 9j9i[AV niA9id9^ jo suoi^on jo J9qrauu aqjj
•tlOUJSJg JO S9I}UUO;-) p91)lU£^ 'jf^unoQ
qov9 xn 'ofS' spaaoxa parai^p ijunotuu 9q5 9J91IAV ?JOj^ joj snoi^OB jo jaqranu 9qj^
•?oij')s;q jo S9i}unoQ pa^nifl 'jC^tiinoQ I ipva m 'OOIS spaaoxa pauiiup ^unoinu am ajaqAv paja^ua sjmg jd jaqinnu aqj^
■jou!)B!(]; JO sai^uiioQ pajiu^i^ 'iC^unoj qoBa u; ^JtioQ jo ^no piBd Xaaoiu ^sjo^ing jo 5nnom« jb^o^ aqj^
■^oujsifi JO sai^nnoQ pa^iujl 'X^unoj qoBa u; ;jno,j o^ui pred A'auora ^sjoijing jo (juuouib Jbijoj aqj,
•^oujsig JO sa!}nno3 pa^iuf^ 'A'^unog qotig UI panssi sasuoratimg ^uauiSpnp jo jaqranu aqj^
•jDij^sid ^o s9!5uno3 pg^iufi^ '.{?unoQ qowa UI s^jnoQ jaq;o raojj s^uaraSpuf JO s^diJosuBjj^ jCq paAiasaj sraiBig jo ijmiouiB aq j,
■^Dij^siQ JO sai^uno^ p9?iu£^ 'jC^unog qova ui s^jnoQ davpo luojj paAiaa3JS}uatagpnpjos}diJ0sni;jj^ jojaqmiiuaqj^
•qoiJ}si(j JO egpunoQ pa^iu^l '.f juuoq qoBa'ui 's9snoniuing ^nainSpnf pun siuauigpnp jo s^diJDSUBjj, JO SAisnpxa 'paja^ua soiiBig jo ^unooiB aqx
■;oiJ56i(i JO saijuno, ) pa^iu^i^ '.{^unoQ qoBa a; *gaf;uorauing ^namy^pnf :y s-juamSpni* josijduDS •UBjj^ JO aAisiqaxa *paja^ua s^mg jo jaqiunu aqj^
■:}0iJ5SiQ JO s9i:;uno3 pa^m^"^ '.t^unoQ qoea u; suoisiaiq jo jaqiunu Sqj^
O
C5 .-"
1-1 o
« q: S
13
I
■<
11
45 Victoria.
Sessional Papers (No. 35).
A. 1882
i 'dDUiAOJ^j aiii JO a»;n am
I JOJ J3jnsB3JX ^m aiqBjuouoj^ am o} ' aiqvJ^'ed s^uainniotug pm;s88^.i jo lunomy
,j'panj £mi' ?JnoQ uoja -lAiQ „ joj jajnsBa.ij, o^ a|f[BA"i;cI i)unoiuy
^r-^Nr^ — iricr^t'-rjow
O -1« tj o
|
These items apply only to the period fi-om the to the 31st of rJeceinlier. |
„-noV 6?Jnoo uoisiAid aqx „ JO gj^ uoi^aag JO aDUBnsjnd u; pajjuo saojnf .iii s[Bux .tjti|' jo jaqinnn aqx |
::::■: |
^ * : : |
|||
|
■pauorauius s,ioanj» 05 pred ^unouii! ai(x |
r . 0 ■ ■ • . . 0 ■ • • I 1 0 ■ - i c^ • ■ - |
0 -©o 0 -© © |
||||
|
■pauommns saunf Xq si^ux ^Jnf }0 Jaqinnu aqx |
• •«;■• ro • *o • |
|||||
|
'OJ-S 3" '""s ^Hl spaaoxa pauiu^op jo aajjE} 'pauiujisip sjoajja jo '/{jjailojd jamo ao ep'ooS aqi jo an[BA aq} ajaqAi uiAajdaji JO suoi^o'E JO jatiiuna aqx |
• • 1— 1 i-i ■ . . • |
rf ; :i^ |
||||
|
'OfS spaaoxa paui!B[D nuuoiui! aqj aaaqAv }jox Joj suojiou jo aaiitnuu aqx |
•C^N • -«^.-H -rt ^ ■ |
'•nri '• |
||||
|
'OOTS spaaoxa painiBiD }ui\ouib g" ■mMsiwrni- :«> aq} ajaqAi paia^ua suing jo jaqrann aqx : ; |
SSiSS |
|||||
|
•^jnoo JO nuu pred iauovi .saojin^j jo )unoui« jwjoij aiu, |
y :; tf^ v: .^ r^ N -»• 0 — C-. [* tr -r '-r -M t^ .S r: - r: M = = = L- r-. c ^ « -r fi :» «& 1^ -^ It? i.t tt ir: ^ c* ^ c- M 0 t* t^ -^ i.-^ |
|||||
|
•IjnoQ o}ui piBd Xaiioui ^eao}ing jo iimooiB t«ioi 9i(x |
5820 .32 4il3 68 1078 29 583 14 1008 Oil 1(>42 45 1.39 04 002 .'iil 21.58 51 1938 51 217 40 1077 07 |
8C44 55 4128 il3 10.187 22 4914 75 |
||||
|
•psnsBi oasuouiuing }U3ra3pn£' jo jaqtnnu 3i|x |
^.S.-^'^'--?,''-^--^'^'^" |
|||||
|
•sjanoa js^o raoj} s^nsuiSpnx- jo slduasurjx Aq psAiasaj suireo jo nunomii aqx |
||||||
|
•sjjuoQ aai^o uiojj pa.viaa 1 g ^ g " *= *~ : - ^ "* ** ^ e5 S 5 S ■3i eijuauiSpnc jo svIudbubjj, jo jaquinu'aqxj : |
||||||
|
•saBUouiumi^ juaiaSpnc pu« t.iiiauiS|iU|' jo tiiduDSUBJX JO OAisniaxa pajaqua suii«ij jo )unotu« aqx 1 |
« i.-: -f r. 1--^ p c-i ':5 — -x 'X r* x i^ ^ o |
|||||
|
^uatu aAian |
■sasuoiiininij Spnf pun 8)n»at3piif jo e^duosUBjx Jo lox» vnuO"! paja;aa Biing jo jaqujnu aqx |
t^ 0 -J r: X 3C ?» ?i r: CI © «>- ».* rl rl ri ^ W f^ |
ilig |
|||
|
■feuoisjAiQ JO ja<|ainu aqx |
^wra'^is'jr^xcjc — c^ |
^N co-r |
||||
|
•3 1 i III in E- |
5 < |
X |
12
45 Victoria.
Sessional Papers (No. 35).
A. 1882
.2 ® o c
|
tjai!8 ' u; " 8du;ao.i^ sqj jo ssu 91(5 joj -i{«d S}uauin(oiU5{ pun saa^ jo ^uiiomi! aqx |
?1 |
'-3 |
|
|
•^ou^siQ JO saiiuiiog pajiu^i 'a^uuuq xjpva ui'^/puii^ Ajuc s^jnoQ uuisiaiq „ joj jajnsBajj, o^ giciij.feil ^unoiuii aqj, |
„ 10 C f '"^ s ^ t^ |
||
|
•^ou^Bid JO sai^unoQ pa^iUii 'jC^unoQ HoWuij/jav s^jno,-) uoisiAifj aiJX.- JO jgx'"''!'^'"* JO aouBnsJn'd'u; panE.i 'Kjojnp Xq siwiJX A'jnp jo jaquiiiu aqx |
r-t 1-1 |
•v |
la |
|
•50U}s;<7 "00 S ' JO sai^uno^ pajiu^'^ 'X^uno^ ijoiia u; .j ^ ^ panouinins sjojnjf o^ pred ^unoraB aqx * g "^^ ^ |
s |
||
|
•jouqsiQ JO sai^uno^-) pa?rail '.C}uno3 ijo'ea ui 'pauommns saij'nx' .fq sii^HX -f-inr J" Jaqnimi aqx |
n |
||
|
•^Dij^siQ JO sapmioQ paiiufl ''^^uiiO;) qoBa' u; 'Qf§ jo tuns aq^ spaaoxa paaiujap jo ua>pn 'pauiujisip snaajja jo X^jadoJd Jaq^o jo spooS aq^ jo an^^A aqi ajaqAv uiAa^da^ jo suohotj jo jaqiuuu aqx |
.-H |
||
|
•^au^siQ JO sai^unoQ paiiu^;! 'Xtiunog t- = j qoua' UI ' 'otS spaaoxa pauirep junouii! '-= -^ ~ aq^ ajaqA\ ^.lox Joj suopDB jo jaqumu aqx |
X |
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•^DuisiQ JO sai'junoQ paiui£i^ 'iCjunog qo«a'ui 'ooig spaaoxa pataiBp ^imomi! ; aq^ ajaqAV pajaijua s};ng jo jaqiunu aqx |
i s |
0 |
■50U}s;(j JO sai^unoj paiuij^;^ 'X^uuoq qoua ui jjnoQ }o 5116 pred Xanoiu jSjojing jo ^unotan i^io^ aqx
lOIJ^SIQ
JO sai^unoj paqiu^^ 'X^unoQ qoua ni ^JUoQ o^ni piBd Xaaora (SJo:jing jo :juuoni^ l^^o'i aqx
■}Ojj}st(j JO sai^unoQ pajiUj^ 'AjuuoQ qoiia UI panssi sasuouimng ^uaiuSpnj^ jo jaquinu aqx
•}0!J?S!(j JO sai^unog pa^iuj^ '^(lUiioQ qaiia ui s^juoQ jaqjoraojj 's^uaiuSpuj^' JO s^dijosui^jx Aq paAiaoaj siuiup jo'junuoiBaqx
•;dij}si(J jo sai^nuo,;) P^^}"!! 'ji^uuoQ qo^a ui SIJU03 jaq^o uiojj paAiao -aj s^uamSpnf j6 s^diJosuBJX }0 jaquina aqx
o ,^
•ijoiJisif]; JO sai^unoQ pa^iu^"^ '.t^unoQ qo'ea u; 'sasuouimng quauiSpnp puB s^uaut^puj* jo s^duosu^JX JO aAisnpxa 'paja^ua siure^Q jo ^uuom^ aqx
<x-- E ii
■^dij^siq; jo saiijunoQ pa^iu^"^ 'X^uno^ qoui ui j saeuoiuuiiig }uauii<pn|* -^ t^^uaiui^puf jo s-jduos -UBJX JO aAisn[Oxa 'paja^ua s^ing jo jaqumu aqx ' •^ou^eiQ Jo saijuno3 pa-jiurj^ I 'jC^unog qoBa ui suoisiaiq jo jaqumu aqx I
O
a a
u
IS
45 Victoria.
Sessional Papers (No. 35).
A. 1882
05
o
3
|
t |
•30UIAOJJ ain JO asii aiji joj .i.un -gB3jj^ »iu' aiqBjnouoH aiji o? aiqB.fsd e^uaraniotujj pae saa_j jo ^unoniB aqj, |
■^ . . . . ^ i i : i : J |
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|
ti |
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|
,,-pun_|£ Xanf 95JnoQ uoisiai(j,, |
,; C^ ■» -O t^ O « i |
CO 3 .-H t- C^ 00 X' lO »o X ro c. t- -» |
|||||||||||
|
1 is li .So |
. -^DV SVnOO UOISIAJd 91JX ,, JO ^•^\ uoi^oat; jo aouisnsantl tii pa^Bo saojnf .i(\ sjBuj, X.mp jo aaqtunu aqx |
i-H |
iH |
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|
■pduouiuius S.10JIH* o'j piuil ^unomw aqx |
|||||||||||||
|
•pauoninm« saiJiif Aq spjiaj, Xm^' jo jaqnitiu aqj^ |
|||||||||||||
|
Ofrb' }o ™"* 'M? spaaoxa pauimap .U) U3>(B} 'pauiB-nsip s^aajja jo .C'JjaVin.uI .lamo JO spoo3 aq5 jo aiqBA My\ njaqAX u;Aa[(lay jo snoijau jo jaqinnu aqj. |
r-l |
iH |
|||||||||||
|
'ova spaaaxa paiurep nunorae aqj 9Jai{AV ?Joj, joj saop»B' jo aaquinu aqj, |
: :** |
t-iO |
fH |
fH |
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|
^ |
■00I§ spaaaxa pamre[o jtinouiB aqi 9jai(A\ pa/ajua s^mg jo' .laqtuiui aijj, |
3C ri « n -O C4 -* |
CI |
acci« ^o5 t^o |
|||||||||
|
■}.iiioo jo quo piBci jfaaom .sao^iiij,- jo lunouio (Bio? aqx |
* 1 |
C5t^5 r: -r => |
iiiPP |
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|
»- X — t^l-t^ |
C-J C ^ -.D O CO t>- r^ i.t ^: w ^ ?5 |
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|
•pansBi ssBuiiratuns ^uotiiapnx" jo jsqmnii aqx |
Q M r. CJ :0 t- to |
feSfcaBSs" |
|||||||||||
|
«1(l!J3«"''-i.L •<<! P»M*39J Bniiei.) }o lunouin aijj, |
r5 CS M 00 *c c. o ^ .-H o o ri -5 w ^ |
r^ X »C -r ?»5 5 •■t CI .-• t* Sc ^ « |
•si.ini)3 jaqio raojj paAia.').')^ KtuamHpnf jo e^duoeuBaj, jo jaqmnu aqj,
^5Si^5SS
'sa«uuiiiuing )tiaiu -Spnj- puB Kjiiamflpui' jo induagiivjx }" '•^l' •niaxa ^""0 "! p»-<»1"* s™!«io Jo »iinoure aijx
t'- 1- rt — ^ X r—
O •?■—•* C. "f ^^
«ft ^xxr:i-.xx
** M ?J 71 O -C fi M
^ ^ r. -^ n t- M
X f X tr: t>- 1- c^
'gai^iiouimng ^aaai^pnp put? s^aauLSpnj' |o e^dijsfinvjx )<*
suoioi.tjd JO Jdc^iunu aijj^
-J* c. 3 -r ^ -r ri
t- •.': cC ji S« — o
3 X »o CO X ci :»
^^ <-• O ?4 F^ O W
o
z
O tt t^ X o o -«
^NffO^ tO« b-
14
45 Victoria.
Sessional Papers (No. 35).
A. 1882
|
These items apply only to the period from the 5tli of Marcli to the 31st of Deceiiiljer. |
■10U58i(]r JO sai^uno.-) pa^nr-) '.C^uno;-) iia-Ba ui 'oauiAojjj oiji ^n asu aq^ juj jajiiBHajj^ am' a[qt!jnouoi^ aqj 05 a[i[i! -X^d s}uanin|oui5£ P"^ *'3^d }" lUUomB aqx |
0 ;■£ 3 |
s |
|
|
•}aij)siQ JO saijunog p3}iU|-i 'A'^unoj qaca UI ..pimj^ A'jiii> sjjuo;^ uoieiAiQ ,, joj jajn>vajj, 0} ajquABd ^imoiuf aqj^ |
9. 1 S |
CO |
||
|
•}a!J?si(j JO saiiunuf) pa^iii^-^ 'A'^iiuo;^ qoua ui „'}0Y s^jnog uoisiAifX aqx,, Jo jjx "oijaas jo aaimnsjuc'l ui pa[[Ba sjojiif A"q sfBiJX .<JM|' jo jaq'uiiui aqj^ |
3 |
|||
|
•lOUieiQ JO saiiuiioj pa^uii;! 'A'^unoQ qona ui pauouiams sjojnj> ot) piBci ()unotuB siij^ |
0 |
|||
|
•^oij^siQ JO sai^uuoQ pa^mj)^ 'A'^iunog qaiea 'ui pauouimns sauiii' Aq sp!ijj, Ajiif JO jaqtunn aqj, |
n ■ |
1-1 CC |
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•^oij^siq; jo satiunoj pa^iuj^ '."L^anuj qoiea ui OOIS spaaoxa pamreia !;unouiB aq^ ajaq.u paja^ua s^ing jo jaqumu aqx |
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JO i^ai^uno^ ) pa^iu;^ '.V^juiio^ noua ui '^ano,) jo 1 ^no pjud Xauoiu jSao^ing jo ^uuoiuB [b^o^ aqj^ |
$ c. 249464 91 28716 95 |
to CO I— 1 s |
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JO sa oijui V •?a ni par |
•^OlJ^Sld ^unoQ pajiu^^ '.i}unoj qoBa u; jjnoQ nvd .{auoiii ^sjo^mg jo ijunota'B 'i^^ot) aq j, |
$ c. 252942 59 27191 43 |
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J}sig JO sapuno^ pa^iUj^ 'jf^unog qoua SSI sasuouicung ^uaioSpnf jo jaqmnu aqx |
2345 718 3063 |
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•}oij}si(j JO sai^unog pa^iuf^ - A'junog qaua ui sjjiioQ'jaqio uibjj siuataSpn £ JO s^duosuBJj, A'q paAtaoaj sniiuiQ jo ^unoare ai[X |
S c. 56748 00 9033 62 |
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•^DU}si(j JO sapuno.j pajiu^-)^ 'Xiunoj ijDBa ut sjjuoq jamo uiojj paAiaoaj ^aatnSpn^' jo s^duosuBJX Jo jaquinu aqx |
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■lOij^sig JO sai^anoQ pa}iu .^ 'X^uno j ijOBa ui sasaotricuns luauiSpn^- ig sjaaraSpnf jo s^duas -uBjj, JO aAisupxa 'paja^ua s^mg jo jaqranu aqx |
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•joiJisid JO saijunoQ pa^m^^ ^^ ^^ *jC^uno3 qa^a ui suoisjaiq jo jaqiunu aqj^ ^ |
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The Name of County, Tnited Counties, or District. |
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Sessional Papers (No. 35).
A. 1882
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45 Victoria.
Sessional Papers (No. 35.)
A. 1882
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These items apply only to the period from the 5th of March to the 31st of December. |
•VH3SKT ■■" sattuiiog paiiuj^ '.t^unoQ qoiii- HI J31MAOJJ aq^ jo asti aq^ Jt)j jajn -s>:ajj[, aqj ajqitanoiiojj aq^ 0} aiq'eX'Bd s!)uauniioui5j \mv saaj jo lunoiun aqj, |
§ 0. 663 90 |
CO |
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•qojj^siQ JO saiiunoQ pa^iufi 'jC^anoQ qoBa ui „pui\{ A'jnx' s^juo'q uoisiAjd,, Joj jajtisuajx 0^ ajquX'sd jationiB aqj, |
$ c. 587 69 50 69 29 02 |
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•lOUlSIQ JO sai^uno^ pa;!a|;[ 'A'^uiio/) qoca ui pauoriiuins sjojn'p o^ piBd ^tmoiuB aqx |
$ c. 30 00 47 00 22 00 |
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Iou^siq; jo saj'jnnoQ pa^iufi 'X^unog qoija ui 'pauouimns saijiif Xq s]iiijx jCjiii' jo jaqiunu aqx |
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•^ou^lsiQ JO sapunoQ pa^iuj^ 'XliinoQ qona iii 'nf-ft Jo uins aqj spaaoxa pauiB^jap JO iia;[«^ 'paiiiuj^sip e^oajja jo A^jadojd laq^o JO spoo3 aq:j jo aiq-BA aq^ ajaqAi ^!A^Ida^J jo suoi}8B jo jaquinu aqx |
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•joi-HSig; JO saiiunog pa^iu^;^ 'jC^unoQ qoBa'ui '00I§ spaaoxa paoiiBio ^unoiU'B aq^ aaaqAi paja^ua s^jng jo jaqranu aqx |
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JO sai^anuj ps^iu^ 'A'^uuoo 40133 ui %inuQ }o quo pi'Bd Xauoui jSJo^iiig jo :junoni^ I^^o:j sqj^ |
.? c. 278181 8fi 27476 21 11984 15 |
§3 CO |
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JO sai^uno^ ps^iui^ '^^((anoQ ipBa ui ?JnoQ o^at piijd aauoin' .sjo^mg }o ^unouiu j'BJo; aqj^ |
$ c. 280134 02 27579 95 11815 94 |
T-i CO |
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•(oij^siq; jo sapunoQ pa^iuj;)^ '^^nnoQ qoBa 11; panssi sasuoraumg ^uaraiipnf jo jaqmnn aqj, |
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■;d;j^si0 jo sai^anog ps?iu£j 'iiunoj qoua UI s?'jno5 Jsq^o' uioJj s^uamiipnp jo sidiJOsuBJj, £({ paAiaosj soiiBfQ }o ^unocuB aqx |
8 c. 65781 62 6858 30 1794 20 |
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•ioij^sid JO sai^anoQ pajmfi 'XqunoQ qo-Ba ui s^jnoQ jaq^o uiojj paAiao -aj eijnaraSpnj^ j'o s^duosuuij, Jo jac[mnti'aqx |
1899 229 61 2189 |
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•50U}8i(-i; JO sai^nnog pa^iu^-^ 'X^unoQ qoua ui 'sasuumiung ^luamSpnx' puu s^uamSpiif jo siduDSUBjj^ JO aAisnpxa 'paja^ua smreiQ jo ^unoiuB aqj, |
•S c. 729885 34 56707 16 32358 96 |
CD 1 00 00 |
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•}DiJ!iS!Q[ JO sai}uno,'j pajiuj^ 'XjnnoQ qoua ui 'sasuoraiang ^uam^pnp '^ eijuaraiJpnj;' jo s^duos -UHJJ, JO aAisrqoxa 'paja^ua siting jo jaqiunu aqx |
22118 1840 1035 |
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Sessional Papers (No. 35).
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A. 1882
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Sessional Papers (No. 35).
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Sessional Papers (No. 85).
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•aoniAOjj; aqj jo asn aq} aoj jajnsBaJX aq? 'a[qBjnoaojj aq^ o? ajq^/furt s^uannqoraji ptre saa^ jo ^unoiuy |
. |
1 |
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. . . E • ■ . . . . .3 . . . |
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„*pnnj Ain£ jjnog nois -lAiQ „ joj jajns^ajj, o} aiqB^«d laaorav |
'M O iH Tf »H IM iH rH |
OSXrH'^CCOOtO |
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|
„-lDv e^jnoo noisiAid aqx „ JO ggx nopoag jo aouBnsjnd a; pajiuD sjojtif jCq sfBuj, iinf jo jaqnmu aqj, |
||||||||
|
•pauoninms sjojnp o} pred junomB aqx |
«© :;:::: |
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|
■pauonirane saunf jfq s(buj, .tinp jo jaqomu aqj[, |
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|
'OH }" "nns aq? spaaaxa paniBjap jo na3i«} 'panTT:j}sip sjoajga jo 'AjjaUDad jaqio JO spoo3 aqj jo atqBA aq^ ajaqAv ujAajdaa JO saoi^oB jo jaqmnu aqj, |
■ • • •»-( • |
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|
1 |
•Qf-g spaaoxa pauijiqD ^unouie aqi ajaqAv ^oj^ Joj snoi^oTj jo jaqranu aqj, |
^ ." ; : : |
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|
55 |
'OOTS spaaaxa paraiBp ^nnouiB aq; ajaqAi paja^aa s^ing jo° jaquinu aqj; |
m j -OOOl^TOCO |
3''<fC«i-(^«5^.-i |
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si 'x s PQ |
JO }no pred ianom ,8Jo^my jo lanorau iw}o} atjj^ 1 |
-HC- 5: -r in - . X cs -r o |
rt e^ Ci ir: M ^ cc w =; (N X t- It -J t- c5 b-Cil-t-— 'X— »c 1* rt re t^ Tl — C Q W X I'- !>■ to O t* ft |
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t s o O § ■s |
1 •Vno3 mu; [ired Xsaooi (Sao^mg jo )unoai« iv^oi eijj, |
-^ -rt^x«ot-MA „ o X c: X I* o r* ^ 00 o -v •.■: — X ^ T u* |
•-. c^ X i^ »r. o t^ :i ^ c: M t- — X ^ *-*: |
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■pansst sasaooinmg ^asinSpnf }o jsqutna aqx |
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o |
•s^jnog janv' raojj ejnamflpnf }o siduoanuij, Aq pSAisosj stnrejj jo !)anomi! 9ijj, 1 ' |
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(§ |
1 'siJioO Jainii uiiuj pa.viss -9J sinaai3pnf jo sirtijoeutjjj^ jo jeqmuu ' aq j, |
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CS 'S O ?» ■<■• ; t- |
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-lOduonirang ineraapiif pn« rjn.imiipnr jo itidiJOBU«JX JO aAisnpxa p3j3)u» smrou jo }uiu)iu« aqj, |
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|
■SMUoinmng \ ^nsraSpnf ptre 8in*inJ<pnf jo s^duDsiirjj, jo 1 a.\i8ni}xd jjnoO "i paja^oa siing Jo jaqiunu aqj. |
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1 -suoiaiAjd JO jaqtnnu aqx |
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28
45 Victoria.
Sessional Papers (No. 35).
A. 1882
1"^
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'jC^anoQ i{0V3 ui bouiaoJjJ ai^ jo aen aqi JO} jojnsuajjj si{% aiqujnoun jj aqi o^ ^l^li^
qOEa UI „ pun^j Ajn^' s^jno^ uoisiAig „ juj J9anst;8jj^ o^ em^.^lud -lunoiuB aqjL
•^oij'fsifj JO sai^unog pa^m^^ 'jt^unog jpvs m a'^ay 8?JnoQ uoisjaiq ^MX" P Ci^I uojioas jo soutinsjncl ui pan^D sjojnf Kq siBijj, Jim£ jo jaqmnu aqj^
JO S8!}unoQ pa^inj^ 'XijunoQ ijoua ui panoratuns sjojiif o^ pired ^unoiu'E atjx
•^Dij^siQ JO sai^uno;") pa^inj;! 'jC^unof) qD^a bi 'pauouirans saijnp Xq S]BiJjj Xjnp jo jaquina aqj,
'^oiJ^si(j JO sai^uno;') paiiu '\ 'A%vmoQ ipoja ui 'qj-^' jo irins aq? spaaoxa patiiuiap JO ua:^tyj 'pauittjisip sioajja jo X^jadojd jaq:jo jo spoo^'aq^ jo auiiiA aqi ajaqA\ uiAajda^ jo suoi^oij jo jaqmuu ai{X
•joujsiQ JO sai^nnoQ pa^m^j \(iimoQ qo^a UI 'of§ spaaoxa pami-Bp qunoiui: aq^ ajaqAv ^Jox Joj suot^ou jo jaqiunu aqx
•^oijttsiQ; JO sai'juno,^ pajiUj")^ 'Xijunoj qoiea ui 'OOTS spaaaxa pauii«p ^unotuB aqj ajaq.u paja^ua siing Jo jaquiiiu aqx
«^ ^
•^OlJ^SIfJ
JO s9i:junoQ pa^in^^ 'Xquno;") qoija ui ^jnoQ JO ^no piTjd itauotu ^sjo^ing jo ^iinoui^ ]U^o:j aqX
•qOLHSI(J
JO sat^unoQ pa^mx^ 'i^uno^ qoija ui wnoQ ojui piBd Aaaora ^SJO^nig jo 5unoni« jb^o} aqj,
€^ 00 ^
■loij!)si(j JO sammoQ p3}in£i 'X^unog qoBa UI panssi sasuouitang }uaui2pnf jo jaqranu aqx
•^Dij^siQ JO sai^unoQ pa'jiu^^ 'Xiunog qona III s^jiioj jamo uiojj 's}uaiuSpnf jo , s}d|jasiivjjQ itq paAiaoaJ suirej,) jo i)unouiE aqj,
•^dijjsiq; jo 'sai^unoQ pa^iuj^ 'j^qunoQ qo^a ui s^noQ jamo uiojj paAiao -aj s^uaiuSptif jo si(diJosu^jj, jo jaqcnnu aqj,
•^dij^siq; jo sai^uno;;) pa:^l^r^ 'X^uno,;) qo-ea ui saauoiuiiint^ ^jnauiiipn^ pu-B s:^nauii>pn^ jo yiduosii^jj^ JO aAisnpxa 'pajajua suiit;[Q jo ^unouiij aqj^
•50!J}sii7 JO sapnnoQ pa^iuj^ 'Ayano;^ qona ui 'sasuoiurang ^naraj^pnf 3f s^uaiuSpnp jo s^dijos -u^jj, JO aAisnpxa 'paja^ua sqing jo jaqmna aqx
•!jDiJ^si(j JO sapunoQ pa^iu^^ 'A^nnog qa^a ui suoisiAifj jo jaqumu aqj^
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45 Victoria.
Sessional Papers (No. 35).
A. 1882
s
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■aoniAojj aqu jo asn aq} joj -^Bd B^uaam[om3 paB saa^ jo junoray
o ! ,j pnn j; ^jnp S}jnoQ uois
3 -lAiQ,, joj jajtureajj, o} ai^BABd ^unoray
10 [ * *
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„5oy B^jnoQ noisiAjd aqx .1 JO g2x ^"n^'^S J*^ aouBnejnd ui pa^BD sjojnf Xq 6[BJJJ, £dn£ jo jaqmnu aqj^
•pauoarams sjojnj> o} pred ^anoore aqx
•paaoonans saunj> Xq b{bux AJfif }<J Jaqranu aqj,
•(){.§ }0 rans am spaaaxa paorejap JO na3{«; 'pamBjjsip s^oajya jo X^aadojd jaqio JO spoo3 aq^ jo an[BA aq^ aiaq.u utAa(da^ }u suoijOB jo jaqmnu aqj^
»^
'Of^ spaaDxa paraiBjo lunorae aqi ajaqu IJOj^ Jo| suoi^ob }o jaqtnna aqj,
"OOXS spaaoxa pamrep ^nnoois aq) sjaqAi pajajaa s^ing }u jaqtnna aqj,
?i ^ i3 c; c^
8g
S
JO ^no pred ^aaooi j&io^ing jo ijaiioare \v^o% aqx
Ci ?■» O ;C t- ~ r^ t-
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o^uj pi«d Xsaora ^sjo^mg jo ^unora« i«?<n »HX
•c w — c t^ ^ ^ t-- W* WT -r T ri ^^ t^ X
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r; c -c — t- c '.* o ;c o t^ X t- •- '^ X -r -» t- X «-" t>- -r .."3
'pansei pasaomurag )adat9pnj* jo jaqtuna di{x
»;duoHa«Jx ^<\ paAi9D3J erare[3 jo ^unoiuB aqx
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s^aeoiSpnf jo S)du:>Bn«jj, jo joquinu aqj^
S25"=2 not
'eastjntnamg luam -3pnj> puB siuaoiSpnf jo s^duseiivjj^ jo saib ■niaxa v>no3 in paja^aa 8aii«|3 jo ^anoiuB aqx
c•^ cr -r -J r; o — -
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■gasaominng ^namjlpnf pa« BtaaniSpnf )o s^duasuiMj, y> I aAianpxa ijnoo ui paja^na s^in^ ju jaqmnu aqj^
-suoraiAiQ }o jaqmnu sqj,
iit^c^.-ciXTt-.i^xy:!^ — t^esxri2co>i'-*ci^x
f-i CI CO ^ 10 CO t« « I ^cin vie«ofr*aoa»OHC
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8
45 Victoria.
Sessional Papers (No. 35).
A. 1882
II so
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qova ui SDUjAoaj aq-j jo 9sn siy] aoj jajtisuajj^ 8i(:) 9[C|Ujnouoj£ »\\'i 05 8[(.|B -Xud s^uauiuiouig puBsaa^j jo'Juikhub aqj^
■^oiJ^Bifj JO saijanoQ pa'jiu^i 'X^unoQ HDsa UI ,/pun^ij Xjnj[' s^anoQ uoisiaiq „ aoj aajns«ajj^ uj afti-CiCTjd ^unotuu aqj,
■50ij:isi(j JO sai^unoQ paijiui^ 'i^unog qsBa ui „'50v s}jnoj hoisiaiq; a^i,, }o ggj aoi^oas jo aau^nsjnd ni paij^o 'sjGjnjp j£q KjBijj^ Ajnp jo jaqratui aqj,
•^OlJ^SIfJ
JO eai^unoQ pa^;u|"^ 'Xiuno^ ijoBa ut pauoninins sjojnp o^ pred iunoiu'B aqj.
■?ou;si(j JO sai}unoj paqitif;!^ 'X^unoQ qD-ea ui 'pauomrans Sdunf Xq s[i3Uj^ Sm^ |o jaquinu aqj^
•(oij^eiQ JO eajtnnog pat)ia|^ 'jC^uhoq qoBa 11; 'o{.§ JO uins aq^ spaaoxa pauiB^ap JO nd^v'i 'pauii3J^sip s^oajja JO iCqjadojd jaq^o JO spooS aq^ }o an^uA aqi ajaqA\ n!A3[daj{ }o suoiijais jo jaqmnu aqj,
•}D;j}8ig JO sai^unoQ paiiuj^ 'X^unog qo«a ui 'q^$ spaaoxa pamiup ^unora'B aq? ajaq.u ^Joj, joj suoi^ot; jo jaquinu aqj,
•jouieiQ JO saiinnoQ pajiuj^ '^^unoQ qo^a ui '001^ spaaoxa paniiB[0 ^unorae aq^ ajaqAV paja^ua B^mg jo jaqiunu aqj,
•^OU'lSIQ
JO sai'junoj pa}ra£^ 'X^unog qo^a m jjnoQ JO ^ino piBd ifauora ,sjo}mg jo ^unouiB jb^o^ aqj,
■^oij-jsiq; JO sapnnoQ pa5;n£^ 'XiutioQ qoBa m VifOQ 0}ui piBd Xauoiu ,sjo}rag jo ^miooi'B Jb^o!) aqj,
•ijou^siq; jo saiijunog pa^ui^^ '^tunoQ qoBa m panssi sasaoiuoing ^uaui3pn^ jo jaqranu aqj^
•?oij}S!(j JO sai^nnoQ pajiuj^ 'jf^unoQ qoua ui e^jtioQ jaq^o niojj 'sjaaraSprip JO e^diJoeuBjj^ ^q paAiaaaj SBaiBp jo ^unoraB aqj^
•^DIJ^SIQ JO 891:^111103 P^5!"il
'Xijnnog qoea ui s^jnoQ jaq^o uiojj paAiao -9J B^uatn3pn£ jo s:)diJ0SUT3jj, jo jaquinu aqj,
I
•}OU58!Q JO I
sai^uno;;) pa}iU|^ 'X^unoQ qoBa ui 'sasuouiiung I ;)uaui3pni> puB s^uaniapuf jo s^duosuBjj^ JO 9AtBnpxa 'paja^ua sniiB]Q jo ^nuome aqj^
|
•HDiJiJsiff JO saijunoQ pa^iu -^ 'XaunoQ qoBJ ui sasuomuiut; ^luaiortpni' :),■> s^uaiuiipnj;' jo fi^duos -UBjj^ JO aAisnpxa 'pajatjua s:}ing jo jaqmna aqj^ |
46861 905 3244 |
0 0 |
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|
•10iJ?si(j JO BajiunoQ pajiuj-^ 'jC^nnoQ qoB9 ui suoisiaiq; jo jaquinu' aqj, |
»^ CO w |
i |
||
|
The Name of County, United Countiks, OR District. |
M 1 pi |
£ |
1 0 |
31
45 Victoria.
Sessional Papers (No. 3-5).
A. 1882
s •I s
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Theiie items apply only to the peiioi! from the 5th of March to the 31at of December. |
•aouiAOjj arp jo asn aq} joj jaansBajx aqi aiqujnouojj aq? o^ ajqeXEd S'jaamnjonig puB saa j jo junotnv |
" : : : : » : : : : |
1 |
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|
.1 ■?"" J .ijnp sjjnoQ note -lAjd ,, JOJ aajnsBajj, «} a[q«iBd lanoniy |
-i Si .-t c^ t^ 'J — . cc c: »ft c '.5 ir. ^ •.?- r^ X :o X TC ^rHO ?^ o .-- |
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|
,/i)Dv s^jnof) uoisiAiQ aqx>. }0 ggt aoijoag JO aouBnsjnd iii pajjBO 8jojnj> j£q' sjeux jfjnp jo jaqinnu aqx |
i : i ; i - : : ; : ! |
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■paaonnnns aiojnp o^ pred ^anoure aqx |
<» : : . :'^ : : |
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*paaoninin8 saunj^' .fq sfjux ^nf Jo Jaqmna aqx |
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'OfS J"' "n's aqi spaaoxa pauiwtap JO ua5(«? 'paai«j}sin s^aaga jo Ajjadojd jaq)o JO epooS aqi) jo ani^A aq) ajaqM niAaidajj jo 8ao;()»B jo jaqninu aqx |
•^ -C^ |
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|
'OfS spaaoxa pauire(a lanome. aq? ajaq.vv ^jox Joj snopa^ jo jaqranu aqx |
?1 ^W -C^ ■ ■ |
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|
•QOIS spaaoxa paniiB[D junoraB aq? ajaq.vv paja^ua sjing jo jaqmnu aqx |
t»^'^eoo«^i-(ooeocQio |
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|
•unoo JO ino pred Xanom .uoting jo ^anonro i«i05 eqx |
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|
wnoo o^ai pivd Xsuooi ,8JO}mg jo ^anomv ]y%o% aqj, |
1 |
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•psnssi sssnonniins ^iramapnf jo jsqumu aqx ] 2 ;g«2«'«'"''»»s<-' |
« |
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•sUnoO Jaq?" "i^uj Biuaraapu j- Jo j-. c -r -r « c -r .; ^; ?. - si | i~ i 1 |
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■91 s^aaraapnf jo Bjduosuojj, jn jsqiiinu 'aqx |
•Vr-ioc^e<-c4aoo»e4i^*-4t^ |
m |
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■sasuomnms ^asm -Spnf pun iiiu9mJ*pnf jo (ndijasiis.ii jo aAis 1 -npxii iJnoJ ui pajd^us suiiBp ju ^unoure aqj. |
tJ '^ '^ p3 X CC C ■^ iC ?5 M <-< M " 3xx:c?i^w»f5».'Sor^x ^ r* T »-*!?» — ^ "^ 5 ..•».- SI |
4279 31 Retiinu. |
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■sOTaomiang ^uamSpnf pan siuani8pn|' jo siduMinuj, jo aAiiin|ox* iJn^O "i paJ^J"* "nin" J" jaqmiiu aqx |
§§i§l§S^:B^" |
I« |
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-BUOinAiQ JO jaqmnu aqj. |
r-ie4oo<vie tf t-oock o^m |
«-lC« |
|||||
|
Till Namk or County, I'iiitbh Cou.stiim, Or District. |
X ■ < : < . £ : Id as .3 go |
ae M 1 |
32
45 Victoria.
Sessional Papers (No. 35).
A. 1882
tJ It
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a +3
HDua u; aaaiAOjj atj^ jo asti aij} aoj aaan sjuaminouia; pug saa^ jo ^unount aijj^
•^ou^siQ JO sapunog pa^iui-^ 'Xianog ijoua ui „ pun_j'Xan^' s^jnoQ uotsiAig,, iO} J8.insndjj^ o} s[qej£Bd jutiouie aqj,
•loiaisiQ JO sai^unoj P3?i"Il 'A«noO H^ea m ,,"ioy sjjnog uois!a!([ aqj,,, JO g5[ uoi}D38 JO souBnsjnd'ui \>i<n'eo sjojn^- Xc[ eiBijj, jfjtif JO jaquiim aifj^
JO sai^unoQ pa^iaj^ 'X^anoQ qci^a a; pauorauins gjojnf o^ piBd !junorai! aijj;,
•^du-jstq; jo sai^junoQ P^l!"!! ''t}unoQ qDu'a m 'pauotnoins saijrij' Kg ejnuj, A"jnf jo jaquinn aqj^
o
Ml O
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•piaisig; jo sai^uno;^ paiiuxl 'jf^unoQ qo«a u; 'of^ jo urns aqj spaaoxa paujmap JO ua5(B^ 'pauaMjsip s^oajga jo i^jadojd jamo jo spooS ai{^ jo an[«A aq^ ajaqAv uiAajdag jo suopoB jo jaqninn aqj,
•}ou?s;(j JO sai^unoQ paijaj^ 'jC^unog qoBa UI 'Qf$ spaaoxa pauiiBp ^unoinB aq} ajaqAV ?J0J^ joj snoi^oB jo jaquinu aqx
•joij^sig JO sai^anoj pa^m^^ 'A^iinoQ qoBa up 'OOIS spaaoxa para;t;[o ^unoui'e am ajaq.vi paja^ua sjtng jo jaquinu aqj,
o
s
•^otj^sig; I JO sai^unop pa^iu^^ 'jfijunoQ qo'ea u; ijnoQ | JO ^no pred jiauoui jSJO^iug jo ^unouiB [bjo:) aqj,
■;oij?8i(i
o^u; pj«d Aauora ^sjo^mg jo ^unoure jujo:} aqj^ |
•50ij}si(j JO saijunoQ pa^iUj;^ 'X^unof) qo'Ba ui panssi sasuorauing ^uaraSpnp jo jaqumu aqj^
•i)0U5s;(j JO saiijanog pa^raj^ 'X^unoQ qoua UI s^jjnoQ jaq^o uiojj s:jnamSpnp jo s;diJ0SUBjjj Xq paAiaoaj sraiujQ jo ijunocu^ aqj^
"ijou^siQ JO saiiunoQ pa^iuj^ 'A'^unoQ qoBa ui b^juoq jaq^o raojj paAiao -aj sjnatuSpnp j'o s^duosuujj, jo jaqnina'aqj,
•qoij^siQ; JO sai^unoQ pa^iUj^ 'A'^unoQ qoija ui 'sasuoniiung ^uaiiiSpnj;' puu s^uamSpnp jo s^duosucjjj JO aAtsnpxa 'paja^ua suire[Q jo :)uno[n« aqj,
•50tJ^si(2 JO sapuiio;) pa^iur^ 'X^nnoQ qo^a ui 'sasuoiutung luamflpn (■ ^ sjuaraSpnp jo s^diJDS -UBJj, JO aAiSirqoxa 'paja^ua s^ing jo jaqumu aqj,
•pu^sifj JO sapunog psijuj^ 'X}nno3 qo'Ba ui suoisiaiq; jo jaquinu aqj,
|
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45 Yictoria.
Sessional Papers (T^'o. 35).
A. 1882
o o ■r- (O
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•saaiAojj aq^ jo asn 8iqBi«cI s}U8mn[ota3 puB saa j; jo ^unouiy
„'panj Xjtif s^jnog uois -iAi(j,, joj J3jns«8jj, o^ 9iq«ii!d tianoray
}o ggx "OiVag }o aDUBusjnd ui p9;[Ba siomj; ia[ ajBux jLinf }o aaqoiuu aqx
•paaoracuns saojuf o^ P!^d ^unouiB aqx
Ci 1^ i-l O b- -^ t^
«(Noo n;2 -vM
•pauorarans saunx' jfq sjbux j£jnj> jo jaqrana aqx
•Qf^g JO mns aq^ spaaoxa pauiB^ap JO Qa](«) 'pauiisjism s^aaga jo Si^sdoid jaqio JO spoo3 aqV Jo ani^BA aqi ajaqM njAaidajj jo suoi^ov jo jaqoinu aqx
OfS spaaoxa pararep ^anonre aq} aisqAv }Jox JOJ saoi^sB jo jaquinu aqx
'OOTS spaaoxa pauiisp ?anomB aq^ ajaq.vi paja^ua B^mg jo jaqrana aqx
•Vnoo JO }no pred iaaom fiio^tn^ jo )anonre ib^oj aqx
a: c: '^ IS '^ c^ ^^ o w c^ c^ o :m
c^ o w T t^ o t^
N — oc -^ c: O 31 ^ -n- c: r^ 1-1 ts 00 I ^ t^ -r c^l 1^ « f tt 1-1 :'. t-1 T N iH
•qjnoo ojni piBd ^aaom .uo^rag jo }nnoaro ib}0? aqj,
CC IT C-l ^ 1-1 t>. C^
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— Ci -r --. — X — - M 1-1 1-1 r^ iC C* 1-1
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45 Victoria.
Sessional Papers (No. 35).
A. 1882
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45 Victoria.
Sessional Papers (No. 35).
A. 1882
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Sessional Papers (No. 35).
A. 1882
TABLE B.
Return sheving the number of suits entered in the several County C!ourts for Ontario, for the period fi-om the 6th March till the 31st December, 1880, and for the same period in 1879.
Namk of County.
District of Algoma
Brant
Bruce
Carleton
Klgin
Essex
Frontenac
Grey
Haldimand
Halton
Hastings
Huron
Kent
Lanil)ton
Lanark
Leeds and Orenville
Lennox and Addington
Lincoln ,
Middlesex
Norfolk
Northumberland and Durham . . .
Ontario
Oxford
Peel
Perth
Peterborough . .
Prescott and Russell
Prince PMward
Renfrew
Siincoe
Stormont, Dundas and Glengary
Victoria
Waterloo
\V,.|huid
Wellington
Wentworth
York
Suits entered in 1880.
Suits entered in 1«79.
|
51 |
13 |
|
62 |
146 |
|
73 |
187 |
|
129 |
348 |
|
92 |
161 |
|
53 |
68 |
|
117 |
187 |
|
58 |
125 |
|
15 |
61 |
|
25 |
65 |
|
152 |
328 |
|
112 |
260 |
|
52 |
132 |
|
45 |
107 |
|
33 |
116 |
|
13 |
58 |
|
34 |
73 |
|
78 |
180 |
|
380 |
731 |
|
64 |
101 |
|
68 |
190 |
|
8;{ |
234 |
|
71 |
188 |
|
29 |
106 |
|
91 |
3:«) |
|
39 |
107 |
|
16 |
49 |
|
24 |
60 |
|
31 |
87 |
|
101 |
234 |
|
70 |
184 |
|
70 |
2o;< |
|
37 |
% |
|
21 |
79 |
|
L-iS |
398 |
|
198 |
541 |
|
6;n |
1,488 |
Decrease in 1880 4,087
;i,274
7,961
40
45 Victoria. Sessional Papers (No. 36). A. 1882
(No. 36.)
lietm-n in respect to cases under the Act for the more speedy trial of Felonies and Misdemeanors, from the several Counties of Ontario, for the year 1880, shewing in tabular form the following, viz. : 1. The number of Prisoners brought before the County Judge or Police Magistrate in the County. 2. The number of Prisoners consenting to be tried by the Police Magistrate or Judge without a Jury. 3. The nature of the offences tried by the Judge without a Jury, giving the number under each several class of offences. 4. The number of convictions in cases so tried by the Police Magistrate or Judge. 5. The number of Pi'isoners demanding a trial by Jury. 6. The nature of the offences in cases when Pri- soners demanded to be tried by a Jury, giving the number of each.
7. The number of convictions before the Courts of General Ses- sions, in cases when the Prisoner demanded to be tried by a Jury.
8. The number of cases in which imprisonment for a term of up- wards of one year has been imposed, the nature of the ofl'ences, and the terms of imprisonment. [Not Printed.)
45 Victoria. Sessional Papers (No. 37). A. 1882
STATEMENT
Of Fees and Emoluments earned, and Disbursements made, by Sheriffs of the Province of Ontario, for the year ending 31st December, 1881, in accordance with the provisions of 43 Vic, Chapter 3, Statutes of Ontario.
B}' Command.
AETHUE S. HAEDY,
Secretary. Provincial Secretary's Office,
ToKONTo, February 15th, 1882.
45 Victoria.
Sessional Papers (No. 37).
A. 1882
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46 Victoria.
Sessional Papers (No. 37).
A. 1882
fi 1-1 la
W i-H o
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»n N o W3 "T i-T c<r of i-T r-T
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to ^
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3
I ~ »- ^ aj ai aj
Iz; o o Ph Oh Ph
45 Victoria. Sessional Papers (No. 38). A. 1882
(No. 38.)
Eeturn of the suits over $100 brought in each Division Court in the Province, in the year 1880, verdict in each case, the cases in which the Attorneys' fees wei-e allowed by the Judge to Plaintiff, and amount thereof ; the cases in which Agents' fees were allowed by the Judge to Plaintiff, and amount thereof ; the cases in which the Attorneys' fees were allowed to Defendant, and amount thereof; the cases in which Agents' fees were allowed to Defen- dant, and amount thereof {Not Printed.)
46 Victoria. Sessional Papers (No. 39). A. 1882
RETURN
To an Order of the Legislative Assembly, passed on the 2nd day of February, 1881, for a Return of the number of cases entered for trial in the several Division Courts in the Province,* from the 5th March to the 31st December, 1880, giving for each County or City the number between $20 and $60, between $60 and $100, and between $100 and $200 ; the amount of Jury Fees paid by Division Court Clerks to the County or City Treasurers for suits so entered, and the amounts paid to Jurors in Division Courts for same period.
ARTHUE S. HARDY,
Secretai'y. Provincial Secretary's Office,
Toronto, February 2nd, 1882.
45 Victoria.
Sessional Papers (No. 39).
A. 1882
Return' of the number of cases entered for trial in the several Division Courts in the Province, from the 5th day of ilarch to the 31st day of December, 1880, giving for each County or City the number between §20 and S60, between $60 and SlOO, and between SlOO and S200 ; the amount of Jury Fees paid by Division Court Clerks to County or City Treasurers for suits so entered, and the amounts paid to Jurors in Division Courts for the same period, shewing —
|
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^.s |
is c |
£ |
s |
||
|
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||
|
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"i^v 1 |
V *^ |
E |
|||
|
Name of |
HgS |
ts enter n which t did n |
^■5 S s |
£ S |
1 |
1 |
|
Coc.NTY OR City. |
'1- |
* "x . |
li |
|||
|
fells |
.s.» |
iB i |
- 9 |
CC-I |
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|
|
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c £ |
||||
|
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|
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r |
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|
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r- |
frH 1 |
H |
E-i |
||
|
1 1 |
$ c. |
$ c. |
* c. |
|||
|
Algoma |
91 |
21 |
8 1 |
1 43 1 |
||
|
Brant |
222 779 , |
99 2(53 |
43 1 119 |
31 50 28 00 |
24 .'li 69 69 |
|
|
Bruce |
||||||
|
Carleton |
5G3 |
177 |
111 |
10 00 |
51 62 |
|
|
Elgin |
530 681 |
165 217 |
72 77 1 |
22 50 43 00 |
43 80 49 02 |
|
|
Essex |
||||||
|
Frontenac . |
383 |
159 |
78 ' |
17 00 |
41 24 |
|
|
Grey |
(■.78 181 44 233 |
202 67 20 71 |
97 1 30 9 29 |
24 00 900 ■3406 |
58 21 18 42 in 19 00 |
|
|
Halton |
||||||
|
Hastings |
G70 |
200 |
102 |
21 00 |
28 78 |
20 89 |
|
774 614 484 |
222 174 195 |
138 111 62 |
86 00 9 50 47 0(1 |
73 24 33 17 50 54 |
||
|
Kent |
23 58 |
|||||
|
Lumbton |
||||||
|
Lanark |
244 |
88 |
54 |
22 00 |
27 30 |
|
|
Lce^ls anri Grenville |
68.5 |
218 |
155 |
200 |
57 88 |
|
|
Li-nniix and Ailclington |
305 |
123 |
45 |
7 00 |
27 61 |
|
|
Lincoln |
;<28 758 116 4 |
132 277 .53 |
.56 128 21 |
34 00 170 00 |
.34 26 77 25 7 78 |
|
|
Muskoka .... |
||||||
|
Niiiissinv: |
||||||
|
N..rf..lk |
416 |
116 |
60 |
.57 66 |
42 3i |
|
|
Northumberland and Durham . . |
KH |
318 |
154 |
41 00 |
85 75 |
|
|
682 1 S24 |
266 161 |
162 84 |
11 18 121 00 |
76 06 69 70 |
||
|
Oxford |
||||||
|
67 223 607 |
27 57 215 |
5 47 121 |
27 00 22 00 31 00 |
4 64 18 70 60 33 |
||
|
1 eel |
||||||
|
Perth |
||||||
|
I'eterl)orough |
230 |
83 |
41 |
33 50 |
34 86 |
|
|
Prescott and Russell |
197 190 245 |
57 76 104 |
20 36 .59 |
■■io6 |
15 08 19 04 29 34 |
|
|
Renfrew |
1 |
|||||
|
Simc<>e . . . |
994 |
383 |
159 |
.53 00 |
!H 50 |
|
|
St-rmont, DundaaandGlengnrry. |
5M |
168 |
62 |
16 50 |
41 71 |
|
|
Thunder Bay |
36 |
23 |
|
|||
|
Victoria |
482 385 |
164 139 |
102 74 |
26 66 12 00 |
1 .52 39 :w 28 |
|
|
Wiiterloo |
||||||
|
WelUnd |
310 891 |
134 339 |
74 129 |
48 00 as .50 |
37 20 .56 00 |
|
|
\WUin(ft<m |
||||||
|
\Vt*ntW()rth |
920 l.MO |
297 596 |
169 449 |
1 15 00 25 00 |
88 85 .53 14 |
|
|
York |
88 95 |
|||||
|
1 1 |
45 Victoria. Sessional I'apers (No. 40). A. 1882
(No. 40.)
Return of all papers aud documents, including the report of the ex- perts, resj^ecting competitive plans for new Parliament and Departmental Buildings for this Province ; but not including amongst such papers and documents any that may be of a private or confidential character. {Not Prinled.)
45 Victoria. Sessional Papers (No. 41), A. 1882
(No. 41.)
Return of all moneys expended in proparatiou of plans, or otherwise, regarding new Parliament Buildings. {Not Prhitiid.)
45 A^'ictoria. Sessional Papers (No. 42). A. ISR'2
(No. 42.)
Return shewing fcho mimbar of Roads on which Tolls are collecterl in each County iu the Province, the names of the Municipal Cor- porations, Joint Stock Compuuies, or individuals owning such Roads, tlic date of constiuctioa. the capital invested by present owners iu construction or purchase, the length of Roads, rate per mile charged as Tolls, and the gross and net revenues during the years LST-S, 1H79 and 188U ; also, the rate of dividends paid to the owners during those years. {Not Printed.)
45 Victoria. Sessioual Tapers (No. 43). A. 1882
(No. 43.) ■
Return in regard to Upper Canada College, shewing for each of the past four years : — 1. The average number of Pupils in attendance, 2. The average age of Pupils in the first and second Forms. 3. The average number of Pupils in attendance from each City and County in Ontario, and also from elsewhere, 4. The Fees pay- able by Pupils. 5. Average cost per Pupil per annum. 6. The number of (a) First-class Honours ; (b) Second-class Honours and Scholarships taken by Pupils of the College at the Matriculation Examinations of the University oi Toronto. 7. Names, degrees or certificates, and salaries of the Masters at present employed in the College. 8. Names, duties and salaries of all other ofiicials at present employed in the Institution. {Not Printed.)
45 Victoria. Sessioual Papers (No. 44). A. 1882
(No. 44)
Return shewing : -1. The number of Members comprising each Muni- cipal Council in tlit^ Province (but not incluiliug County Councils), in the years 1879 and J880. 2. 'J'lie nunjl)er of Assessors in each such Municipality for each of the said years'. 3. The amount of compensation paid each such Assessor in each such year for the performance of his duties as Assessor. {Not Printed.)
45 Victoria. Sessional Papers (No. 45). A. 1882
RETURN
To an Order of the Legislative Assembly, passed on the 17th day of February, ISH'2, for a Keturn shewing the sums paid to each of the Hospitals and Charities in this Province in each year since Confederation, shewing the total sum paid to each separate Institution, and the population of the locality in which such Institutions are situated.
By Command.
ARTHUR S. HARDY,
Secretary.
Provincial Secretary's Office,
Toronto, February 21st, 1882.
45 Victoria.
Sessional Papers (No. 45).
A. 1882
B-ETURN to an Order of the House shewing the Sums Paid to each of the Hospitals and
Paid to each Separate Institution, and the Population
Name of iNSTiTDXioif.
Grant.
Grant.
Grant.
Grant.
Locality.
1868.
1869.
1870.
1871.
General Hospital
House of Industry
Protestant Orphans' Home
Koman CathoUc Orphan Asylum .
Lying-in Hospital '. .
Jlagdalen "
HouHe of Providence
Girls' Home
General Hospital
House of Industry
Orphans' Home
Hotel Dieu Hospital
<}eneral "
City "
Roman Catholic Orphan Asylum .
Orphan Asylum
Protestant Hospital
Koman C ^tholic Hospital
Deaf and Duml) Asylum
General Hospital
Boys' He ime
Kye and E.ir Infirmary
St. Patrick's Orphan .\sylum
Prote^taIlt do
St. Joseph's do
Roman Catholic do
House of Refuge
Magdalen .\sylum
News-boys' Home
(ieneral Hospital
- St. Joseph's "
House of Providence
Home for Incurables
Toronto .
Kingston .
London . . Hamilton
Ottawa.
60,000
Hamiltim
St. Catharines . Toronto
Ottawa.
London . . Hamilton Ottawa . . Toronto . . Guelph . .
Boys' Home
Industrial School
Home for Friendless
Protestant Or|ihana' Home
St. .\gatha Orphans' "
Infants' Home
House of Providence
Home for -Aged and Friendless
Home for Aged Women
St. Charles' Hospice
St. Patrick's H(^use of Refuge
Hotel Dieu Orphan .-Vsylum
St. Catharines' Home
St. Nicholas' •'
Kcfnge for Fallen Women
St Thomas' Home .
Gooil .Sheiiherd's Refuge — Fallen
Women
House Providence Oqihan Asylum
(ieneral Hospital
St. Vincent Home
Girls' Home
Roman Catholic Orphan Assoc'n
Protestant Home
Orphan Asylum
Women's Christian Association . . . ,
Kingston . . Toronto. .
15,000
18,000 26,000
22,000
•26,000
8,.i00
60,000
22,000
18,000 26,000 22,000 6ti,0i)0 6,000
15,000 60,000
S c.
11,200 00
2,4t0 00
640 00
640 00
480 00
480 00
3-20 00
3-20 00
4,800 00
•2,400 00
640 00
800 00
2,400 00
4,800 00
640 00
640 00
1,200 00
l,-2l.0 00
3,000 00
$ c.
11, -200 00
2,400 00
640 00
640 00
480 00
480 00
320 00
320 on
4,800 (0
2,400 10
640 00
800 00
2,40<J 00
4,800 0»)
640 (lO
640 00
1,200 00
1,'200 (Ml
3,000 00
1,000 CO
I $ c.
111,200 00
2,WX) 00
640 00
640 00
480 00
480 00
320 (K)
320 00
4,800 oO
2,400 00
640 00
800 00
2,400 00
4,800 00
640 00
640 00
1,200 00
1,200 00
2,2.50 00
1,000 00
320 00
1,000 00
480 00
480 00
480 00
.1.
$ c.
11,200 00
2,900 00
640 00
640 00
480 00
480 00
320 00
3'20 00
4,8U0 00
2,400 00
640 00
800 00
2,400 00
4,800 00
640 00
640 00
1,'200 00
1,200 00
i^ooo 66'
320 00 1,000 00 480 00 480 00 480 00
Hamilton
Londim . ... St. ^Vatha , Toronto . . . .
Guelph
London . . . . Hamilton . . Ottawa
Kingston
St. Catharines .
Toronto
OtUwa
St. Thomas....
Toronto . . Kingston . Pembroke . Hamilton .
I.K>ndnn . St. Catharines.! Fort William London
26,000
18,000 2.T0 60,000 6,000 18,000 26,000 22,000
(«
15,000
8,500
60.000
22,000
6,000
60.000
l.'i.OOO
2,000
26,000
l«
18,000 8,500
18,000 .
45 Victoria.
Sessional Papers (No. 45).
A.. 1882
Charities in this Province in each year since Confederation, showing the Total Sum of the Locality in which such Institutions are situated.
|
Grant. |
Grant. |
Grant. |
Grant. |
Grant. |
Grant. |
Grant. |
Grant. |
Grant. |
ation, il. |
|
1872. 1873. |
1874. |
1875. |
1876. |
1877. |
1878. |
1 1879. ' 1880. i |
12 (2 |
||
|
$ c. 11,200 00 2,900 00 640 00 640 00 480 00 480 00 320 "0 320 00 4,800 00 2,400 00 640 00 800 00 2,400 00 4,800 00 640 00 640 00 1,200 00 1,200 00 |
.$ c. 11,200 00 2,900 00 640 00 640 00 480 00 4S0 00 1,000 00 3J0 00 4,800 00 2,400 00 640 (lO 800 00 2,400 00 4,800 00 640 00 640 II J 1,200 00 1,200 00 ... |
S c. 11,200 00 2,900 00 640 00 640 00 480 00 480 00 1,000 00 320 00 4,800 00 2,200 00 040 00 1,000 UO 2,400 00 4,800 00 0411 00 640 00 1,200 00 1,200 00 |
•S c. 11,200 00 2,900 00 657 92 1,593 88 763 80 480 00 3,298 54 612 24 4,800 00 2,400 00 640 00 1,448 25 2,673 76 .5, .565 10 764 60 640 00 2,633 98 2,122 ,50 |
$ c. 15,478 36 2,900 00 698 41 1,251 89 813 60 480 00 3, .39 1 22 6.52 00 4,800 1)0 2,400 00 640 60 2,019 37 3,520 20 5,796 46 839 49 640 00 2,858 30 3,717 74 |
.S c. 14,545 68 2,900 00 743 16 1,405 21 1,264 17 480 00 4,126 99 843 92 4,800 00 2,200 00 640 00 1,.589 92 2,781 60 4,800 00 814 .53 640 00 2,.549 64 2,862 46 |
-S c. 16,226 46 2,900 00 733 49 1,625 76 895 80 480 00 4,2.58 17 794 53 4,815 88 2 200 00 640 00 2,368 24 3,023 62 .5,385 49 853 28 640 00 1,897 25 3,.530 85 |
.* c. 1-',129 .54 2,900 00 761 (12 1,762 52 1,106 92 480 00 4,.598 72 847 82 4,S00 00 2,200 00 640 00 2,152 18 2,786 50 4,800 00 863 26 640 00 2,4.58 36 3,4.58 40 |
.S c. 18,240 61 2,188 55 729 .54 1,764 72 248 '48 4,617 83 874 72 3,379 76 988 42 367 60 2,496 .50 3,303 92 4,819 58 778 14 167 98 2,737 44 3,801 40 |
95,000 15,000 2.5,000 34,000 30,000 26,000 9,600 95,000 30,000 25,000 34,000 30,000 95,000 10,000 |
|
1,000 00 320 00 1,000 00 480 00 480 00 480 00 640 00 720 00 480 00 |
1,1100 00 32' 1 00 1,000 00 480 00 480 00 480 00 640 00 720 00 480 00 240 00 |
i.OOO 00 320 00 1,000 00 480 00 480 00 480 00 640 00 720 00 480 00 240 00 |
i,.557 66 478 08 l,0il0 00 612 35 480 00 480 00 640 00 1,154 16 480 00 240 00 |
2,285 70 510 09 1,164 60 678 53 480 00 569 9fi 640 00 1,060 43 568 00 24 J 00 800 00 |
2.180 98 600 (il 1,000 00 622 41 480 00 543 49 640 00 810 68 573 72 240 00 1,000 00 1,094 07 1,335 83 346 15 |
2,114 15 635 .52 1,000 00 413 52 480 00 484 81 640 00 776 02 685 09 240 00 1,428 65 573 00 1,262 17 454 37 |
1,998 35 624 98 1,152 CO 3.54 42 480 00 493 66 949 67 1,225 14 900 32 240 00 1,3.J6 68 .501 90 1,3.53 87 482 58 |
2,364 85 588 18 336 72 275 72 501 86 629 54 l,i)V2 88 799 62 HI .58 1,807 30 1,163 40 1,454 67 417 27 |
|
|
800 00 1,000 00 500 00 |
|||||||||
|
15,000 95,000 |
|||||||||
|
164 .58 303 74 200 00 300 00 176 40 150 00 |
777 72 433 80 82 60 105 52 202 68 248 80 436 66 407 68 |
640 00 483 24 99 13 416 28 |
640 00 516 24 122 80 •U4 IS |
509 58 " 137*74 428 24 179 04 618 08 962 71 |
34,000 |
||||
|
25,000 200 95,000 |
|||||||||
|
|
214 61 1 185 12 397 12 442 14 743 12 1,027 46 478 94 580 51 182 21 343 70 758 10 '•'''' ^ |
||||||||
|
670 60 *^^ ^^* |
|||||||||
|
443 66 1,205 52 849 66 ■JOQ Aii |
34,000 30,000 1 t:. f\fUt |
||||||||
|
|
763 14 277 49 |
814 10 |
|||||||
|
150 00 "Wn ss 1 in7 7n o'finfi |
|||||||||
|
200 00 150 00 |
197 66 "may 125 68 308 10 |
176 10 95,000 30,000 267 66 8,370 142 64 95,000 368 62 15,000 400 01} ^ *^'^" |
|||||||
|
|
|||||||||
|
|
|
"'263'69 |
|||||||
|
400 00 440 32 653 10 88 90 200 00 170 52 |
34,000 |
||||||||
|
■ |
25,000 9,500 .500 32,500 |
||||||||
|
.:::::::■ .;:::::: |
'.'.'. .. |
||||||||
|
|
|||||||||
|
|
W. T. O'Reilly, per Inspector.
45 Victoria. Sessional Papers (Xo. Ki). A. 1882
RETURN
To an Order of the House for a return shewing (1) the number of prisonei-s employed each month in the C^entral Prison broom- tactory, from January 1st, 1878, to January 1st, 1879 • ('^) the number of foremen, guards or instructors employed in the shop during that period, and the wages jmid to them ; (3) nature of machinery used, whether steam or foot-power ; (4) cost of knives and needles used during that period ; (5) number of brooms made in each month, from January 1st, 1878, to January 1st 1879 with average number made in dozens by each man per diem- (b) number of prisoners employed each month in the Central fj'T.Sr°'"'?'''°7'/'''"' J'^ii^'-^ry 1st, 1879, to January 1st, l«8i. ; (() number of foremen, guards or instructors emijloyed in the shop during that period, and the wages paid to them • (8V cost of knives and needles used during that period; (9) nature ot machinery used, whether steam or foot-power; (10) number of brooms made in each month, from January 1st. 1879, to January 1st, 1882, with average number made in dozens by each man per diem; (11) also copy of the contract made by the Government with Messieurs H. A. Nelson & Sons, of Toronto and Montreal • (12) copies of any correspondence relating to the contract since It was made, as to charges in same, or complaints as to non-fulfil- ment, by either the Government or Messieurs H. A Nelson & Sons ; also any complaints, if any, as to the quality of the brooms manutactured and waste in manufacturing the same.
By Command.
ARTHUR S. HARDY, Provincial Secretary's Office, ^ecretar^.
Toronto, February 23rd, 1882.
45 Yiotoria.
Sessional Papers (^o. 46).
A. 1882
1878.
Months.
January . February . March . . .
April
May
.1 uue
July
August . .
Dctober . . .
Tsoveniber
December
Total .
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37
33
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33 33 33 33
13 35 433 723J
2 60 66 13 3S
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64 7J
1879.
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66
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864
87
85
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'J8 1254 1341
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1 3 c. |
$ c. |
|
33 33 |
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33 33 |
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33 33 |
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33 33 |
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33 33 |
60 00 |
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33 33 |
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66 66 |
1 |
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66 66 66 66 99 99 99 99 99 99
21
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I 15684
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63 00
699 93 167 00 24284U
9
34
114
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114 U4 114
m
ilj 11
114
45 Victoria.
Sessional Papers (No. -16).
A. 1882
employed each month in the Central Prison broom-factory, from January 1st, 1878, to the shop during that period, and the wages paid to them ; (3) nature of machinery used, (.t) number of brooms made in each month, from January 1st, 1 878, to January 1st, 1879, employed each month in the Central Prison broom-factory, from January 1st, 1879, to shop during that period, and the wages paid to them ; (8) cost of knives and needles used number of brooms made in each month, from January 1st, 1879, to January 1st, 1882, contract made by the Government with Messieurs H. A. Nelson «fc Sons, of Toronto and made, as to charges in same, or complaints as to non-fulfilment, by either the Government the brooms manufactured and waste in manufacturing the same.
|
1880. |
1881. |
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remen, guards and employed. |
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2952^' 3632 |
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1199 88 |
109 OO 1 |
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1 1033 23 1 1 |
101 63 |
41423^5 |
|
45 Mctoria, Sessional Papers (No. 46). A. 18S2
With tlie return hereto annexed of the broom-factory in the Central Prison, the following notes in explanation thereof are respectfully submitted : —
1. From January to November, 1878, the manufacture of brooms was carried on partly under contract with ^Messieurs McMurray & Fuller, on prison account, and after- wards under contract with Messieurs H. A. Nelson & Sons, but an accurate monthly account of the quantity made under each cannot now be obtained.
2. The figures given under the head of " Number of prisoners employed each mouth " includes all the prisoners employed in or about the factory.
3. The figures under the head of " Number of foremen, guards and instructors employed " represent the guards only, no instructors having been cmploj'ed by the Gov- ernment since the contract with Messieurs H. A. Nelson i Sotis was entered into.
4. Under the head of " Wages paid to such foremen, guards, etc." the salaries paid to guards only are given, the foremen and instructors being in the employment of the contractors ; no part of their salaries are chargeable to or paid by the Government, con- sequently the amount is not known to the prison authorities.
5. The machines in use are what is known as the " Chicago Tying Machine," with foot-power.
6. There has been no correspondence between the contractors and the prison authori- ties about the non-fulfilment of the contract nor about the quality of brooms made, neither has there been any complaints about waste. The work has been carried on to the entire satisfaction of the contractors.
[ COPY. ]
Ax Ac.REEMENT made the fifteenth day of May, in the year of our Lord one thousand eight hundred and seventy-nine, between The Inspector of Prison'.s and Public Charities, hereinafter called the Inspector, acting for and on l>ehalf of Her Majesty, and by virtue of the thirty-seventh section of the Revised Statute respecting the Central Prison, q/" </««^r«< 7>ar</ Horatio Admiral Nelson, Alhert Daniel Nelson, Horatio William Nelson, Charles Henry Nelson, and Frederick E. Nelson, of the City of Toronto, trading under the style and firm of H. A. Nelson & Sons, of the second part.
The Inspector agrees to manufacture, at the Industries of the Central Pri.son of Ontario, brooms and whisks, for the parties of the second part, at the average rate durinsr the month of one hundred and ten dozen each working day, at the rate of twenty cents a dozen to be paid tlierefor, the brooms to be of the same kind a.s those now manufactured by .Messieurs H. A. Nelson A- Sons, namely. No. 1 Gem, 2 X Gem, 2 Gem, 3 (Jem, 4 (Jem, Ladies' Parlour, 0 Hurl, 1 Hurl, 2 Hurl, 3 Hurl, 4 Hurl, .'. Hurl ; Noi-. 10, 30. and F 1, or .such other styles as the trade may require and as the Insi>ector may agree upon ; and the whisks to be of the ordinary make and style manufactured by Messieurs H. A. Nelson A Sons, and such brooms and whisks to be of as goo<l workmanship as those now manufactured at the Central Pri.son. The proportion of each kind of broom manu- factured to l)e as follows : about three-eighths of the said one hundred and t<>n dozen per •day to be No. 1 Gem, 2 X Gem, 2 Gem, and Nos. 10 and 30, F 1, and Ladies' Parlour ; about three-eighths to be (I Hurl, 1 Hurl, and 3 Gem ; and about two-eighths to be 4 Gem. 2 Hurl, 3 Hurl, 4 Hurl and 5 Hurl ; and th<! whisks to be in about equal propor- tions of each style and quality.
Messieurs H. A. Nel.son A Sons hereby agree to provide and deliver to the Central Prison broom-.shop, at the said Industries, an ample supply of broom-<x)rn, wire, handles,
4
45 Victoria. Sessional Papers (No. 46). A. 1882
and othei- material re(iuisite for the manufacture of the said brooms and whisks, so that the prisoners or machinery may not be detained or kept idle for lack of material to be worked up, in manufacture of said quantity of brooms or whisks or such further quantities as Messieurs H. A. Nelson & Sons may require, and the Inspector may agree to manu- facture for them ; and in case of any deficiency of material as aforesaid, the Inspector shall be at liberty to provide the same, and to charge Messieurs H. A. Nelson i Sons as the price thereof an advance of ten per centum on the cost of the same when delivered on the premises.
The parties of the second part agree to provide at all times, at their own cost, two competent instructors to instruct and supervise the prisoners in the manufacture of the said brooms and whisks, and to receive the raw material, take charge of the same, and to deliver it out to the workshops.
The parties of the second part agree to take away the said goods weekly or oftener, so that the same shall not accumulate upon the Central Prison premises ; but the retaining upon the said premises, properly stored, of brooms and whisks, to the extent of three carloads, for the purpose of shipping the same direct, shall not be deemed an infringement of this provision.
The account for the work done for any month to be rendered on the tirst day of the succeeding month, or so soon thereafter as conveniently may be, and the same shall be paid on the twenty-fifth day of such month, Vjy deposit of the amount owing to the credit of " The Manager of the Central Prison Industries upon special account," in such bank in the City of Toronto as the Inspector may from time to time designate in that behalf.
In case any amount owing under this contract is not paid at maturity, the parties of tlie second part shall pay to the Inspector current bank rate of interest while the same is in default ; and in case any amount exceeding the sum of five hundred dollars remains in default for a period of thirty days, the Inspector may, if he thinks fit, notifiy the parties of the second part, or their assigns, in writing, that he will no longer, or that he will no longer after a date stated in such notice, manufacture for them, and from such date the Inspector shall be relieved from all obligation to manufacture or deliver any further goods for or to the said parties of the second part, and shall be entitled to recover the sum of five thousand dollars as and for liquidated damages for the loss and inconve- nience occasioned in consequence of the changes in the prison arrangements which will be necessitated by the failure of the parties of the second part to carry out their contract.
It is further understood, as a condition of this contract, that the Government shall, by Order in Council, agree, so long as this contract or any renewal thereof subsists, not to engage in the manufacture of brooms or whisks in any institution under their control other than the Central Prison, and in such institution for the parties of the second part only.
This contract shall, subject to the hereinbefore contained provisions as to default, be in force from the first day of May, one thousand eight hundred and seventy-nine, until the first day of May, one thousand eight hundred and eighty-four, as if it had been executed on the said tirst day of May, one thousand eight hundred and seventy-nine.
In case the parties of the second part shall desire to have the number of brooms and whisks to be manufactured hereunder increased to any number not exceeding one hundred and fifty dozen per day, and shall give ten days' notice in writing to the Inspector of Prisons of such wish, specifying in such notice the number of days for which they desire such increased number of brooms and whisks to be manufactured, then the said Inspector shall manufacture for and deliver to the said parties of the second part such increased number for the number of days specified in the notice, and the parties of the second part shall receive and pay therefor in accordance with the rates and at the times hereinbefore provided for as to the said one hundred and ten dozen, and duly supply material therefor.
It is further agreed that the Inspector shall not be required to manufacture more brooms than sixty dozen per day until the first day of September next, but the parties of the second part shall take as many as he can manufacture, not exceeding one hundred and ten dozen per day.
In the event of the shop, machinery or appliances used in the Central Prison premises used for the manufacture of goods proposed to be manufactured under this
45 Victoria, Sessional Papers (No. 46). A. 1882
contract being destroyed or materially injured by fire, so as to prevent the Government contSuing lu^ch manufacture, this contract shall, except so far as it makes provision in respect of goods then delivered, be at an end. v „i,„„
^ Provided that in case the Government should decide to rebuild or replace such shop machinery and appliances for the purpose of continuing the manufacture of brooms and whisks, the parties of the second part shall have the right to a renewal of the said contract for the residue of the above term upon the terms and ^f '-^.^'-^jf^j^^fj; either for the quantity of brooms and whisks hereinbefore provided, or for such lesser quantity as the Government shall decide to have manufactured
^ ItL expressly agreed that this contract, and everything herein contained shall be void and of n'o eff/ct fnless the same is notified by resolution of the Legislative Assembly of the Province at its next session : Provided always that any goods delivered u'^der the said contract shall be paid for in accordance with the provisions contained herein having reference to such goods.
In witness whereof the parties hereto have hereunto set their hands and seals.
Signed, sealed and delivered in the presence of-
Witness as to the signature of Mr. Langmuir, Harry Hayes.
(S'd) J. W. LANGMUm, [L.S.]
H. A. NELSON, [L.S.]
ALBERT D. NELSON, [L.S.]
H. W. NELSON, [L.S.]
C. H. NELSON, [L.S.]
F. E. NELSON, [L.S.]
Witness as to the signatures of H. A. Nelson, Albert D. Ne.hon, and F. E. Nelson,
A. E. McDosNOi'(;H.
WilTiess as to the signatures of II. H'. Nelson and C. H. Nelson,
Georce Graham.
45 Victoria. Sessional Papers (No. 47). A. 18b2
CORRESPONDENCE
With the Government of the Dominion of Canada respecting legisla- tion to guard against casualties from Boiler Explosions.
By Command.
ARTHUE S. HARDY,
Secretary. Provincial Secretary's Office,
24th February, 1882.
45 Victoria. Sessional Papers (No. i7). A. 1882
CORKESPONDENCE
WITH THE GOVERNMENT OF THE DOMINION OF CANADA RESPECT- ING LEGISLATION TO GUARD AGAINST CASUALTIES FROM BOILER EXPLOSIONS.
22nd November, 1881.
•
Sir, — I have the honour to transmit herewith, for the consideration of the Dominion
Government, a printed copy of the Report furnished to my Government in respect to the cause of the explosion of a portable engine boiler in the township of Thurlow, on the 23rd September last, and at the same time to suggest, in view of the facts therein brought out, whether some criminal enactment would not be proper for the purpose of guarding against the occurrence of casualties of this character.
I have the honour to be. Sir,
Your obedient servant,
J. B. Robinson,
Lieutenant-Governor of Ontario. The Honourable the Secretary of State,
Canada.
(Enclosure.)
REPORT ON THE BOILER EXPLOSION AT THURLOW.
Toronto, October 17th, 1881. To the Honourable Oliver Mowat,
A ttornpy-GenKral,
Toronto.
Sir, — In accordance with instructions received, I made an examination of the portable engine boiler which exploded on the 23rd September, at the farm of Mr. George Caldwell, township of Thurlow, and I now have the honour to submit to you the follow- ing Report : —
The engine and boiler were comparatively new, having been in use for little more than one vear.
45 Victoria. Sessional Papers (No. 47). A. 1882
On the 22nd September work was commenced on Mr. Caldwell's farm, and during the afternoon of that day, the glass of the water gauge was broken ; two " test cocks " were, however, in good order, and were sufficient for the proper working of the boiler, until a new glass could be obtained. The glass gauge and the " test cocks" form a double system of determining the height of water in the boiler, the one being a check on the other.
On the 23rd September work was not resumed till nearly noon, as rain fell during the morning. About 5.30 p.m. the enr/ine was stopped in consequence of the breakage of a belt on the threshing machine, and while this was being repaired the boiler exploded.
The safety-valve was seen to blow off steam during the day, but at what pressure it opened is not known.
Previous to my visit the engine and boiler had been removed by the owner, Mr. Owen Reed, to his own premises, where he afforded every facility for making a full examination.
The boiler was a horizontal tubular boiler, with internal fire-box and water bottom under fire grate, and with steam dome on shell.
The boiler was 10 feet long over all, and the cylindrical shell was 29 inches in diameter, with 38 tubes 2^ inches in diameter and 70 inches long.
The accompanying drawing shows the arrangement oi plates, stays and other par- ticulars.
The arrangement oi plates was excellent, and they evidently had been in good order, there being no signs whatever of leakage, corrosion, or undue heating, or any such defect as would have gradually reduced their strength.
I measured the thickness of most of the plates, and found them to be ,',;ths of an inch thick.
The plate forming the front end of the boiler, and which is flanged both inwards and outwards, appears to be uninjured, and bears the brand " ('. H. No. 1 Kl.wuk," wliich is an excellent quality. The tube plates, the back of fire-box, and the plates forming dome, also seem to be of good quality, and the flanging has been well done.
The remaining plates — viz., tho.se forming the circular shell, and thi- out.side and inside of fire-box — are of common iron. The rivets are J inch diameter, and pitclied 2 inches centre to centre. The two flat sides, arched top, and bottom of tire-box (both inside and outside), are of one plate.
The flat sides are stayed by .screwed iron stays J inch diameter, screwed 10 threads to the inch. There were 20 stays in each side of fire-box, and the crown had 20 similar stays.
The stays were screwed through the outer and inner plates, and the ends riveted over. The iron of which they were made was common bolt iron, and the heads having to be made by hammering the iron when cold, were not well formed, the iron being not suf- ficiently malleable to be properly worked cold.
The stays in the flat sides were pitched 6 inches vertically and 6A inches horizon- tally, centre to centre, making a surface of 39 square inches to be supported by each stay.
Tlie boiler was fitted with one glass water gauge and two test cocks, and the water was supplied by a pump driven directly by the engine.
The pressure of steam was indicated by a Bourdon pressure gauge, graduated to show up to 160 lbs. per square inch pressure.
The safety-valve was otif inrh diameter — a conical valve, loaded by lever and weight
At the time of the explosion the glass water gauge had no glass, but the test cocks were in order, and th<' condition of the crown of furnace sujiplies absolute proof that there was abundance of water in the boiler, and that explosion was not causeil by want of water.
The steam pre.s.sure gauge is now out of order, but what condition it was in prior to the explosion cannot now be determined.
Thf safety-valve was only one inch in diameter, and from its construction, much ton small to permit the free escape of the steam, and prevent an undue rise of pre.ssure. The spindle is now fa.st, preventing the valve from opening at nil, liut thi.s h»s evidently been cau.s<'d by injury ot the time of the accident The lever of the safety-valve has not hven found, and it is not possible to det<'rmine what pre&sure was re<|uired to open it.
The explosion ruptured one of the flat sides of the inner plate of the lire-liox. The
4
45 Victoria. Sessional Papers (No. 47). A. 1882
rent follows the inside edge of the front seam of rivets, and extends inwards for abont 10 inches, both in the crown and in the bottom ; the total length of this rent is about 50 inches.
N"one of the stays were broken, but all on the flat side gave way by the plate being pulled over the heads ; IG of them gave way at the inside head and four at the outside ; live of the crown stays also gave way at the inside heads.
On the stays giving way, the plates rent close to a seam of rivets, and bending over at the flange of the front tube plate was driven with such violence across the fire-box as to punch a hole in the opposite side. The cast-iron furnace front and the grate bars and bearers were driven violently out, broken to pieces, and scattered to a great distance. The engine and boiler were thrown a distance of about 70 feet, entering the barn and injuring the threshing machine.
The explosion made only the one rent, and no other plate, save the one inside the tire-box, gave way to the pressure ; there are, however, a number of other fractures in the outside of the boiler, caused by the force with which it struck objects during its flight.
The plate, yielding to the pressure, had first bulged out between the stays, cracking around each stay head. The result of this bulging was that the threads of the screw were drawn out of gear, and the whole strain came upon the heads. The heads being small in diameter, and thin, were unable to resist the strain, and gave way, the plate being forced over them. The threads of the screw on the stay bolts are not injured, but those in the plate are destroyed.
The yielding of even one stay would so greatly increase the strain on those around it as to lead to the disaster which occurred.
The defects which directly led to the disaster were : 1st, The thinness and poor ([uality of the plate ; 2nd, The wide pitch of the stays ; 3rd, The coarseness of the thread of the screws, and the sraallness of the stay heads.
This boiler had been used at pressures from 60 lbs. per square inch up to something over 100 lbs., and was considered by the owner perfectly safe, as the agent from whom it was purchased had told him it had been tested, and was safe at 160 lbs. pressure. The steam gauge was graduated to 160 lbs., and the safety valve, when the ball was a con- siderable distance from the end of the lever, did not open till the gauge shewed 100 lbs. pressure. These two things seem to me to be proof that the boiler was intended to be used at over 100 lbs. pressure.
As there are no doubt many other boilers in use of the same manufacture as this, I would ask your special attention to the following: — Lloyd's Register of British and Foreign Shipping gives a rule for calculating the safe working pressure in steam boilers, with stayed flat surfaces. Applying this rule to the exploded boiler, the pressure allowed as safe for regular work would be 19 lbs. per square inch.
The British Board of Trade rule would give 19^^ lbs. per square inch ; and had the heads of the stays been properly made, this would have been increased, but to not more than 29 lbs.
The United States Government recently coiaducted an extensive series of experi- ments to determine the proper method of staying flat surfaces of steam boilers, and the safe working pressure.
The rules deduced from these experiments require a finer pitched thread on the screwed stays, and larger heads than were used in this boiler, and would then have allowed 22 lbs. per square inch as the safe working pressure.
It would thus appear that portable engine boilers are being used at pressures of 100 lbs. and over, which, if subjected to the inspection of either the British or United States Government In-spectors of Steamboats, would not have been allowed one-third of that pressure. Portable engines are almost always used by farmers and others who are not skilled mechanics, and instead of being made so much weaker than marine boilers, ought rather to be made stronger and more safe.
• There is no reason why they should not be rendered almost absolutely safe ; and the enforcement of such regulations regarding the thickness of plates, method of staying, etc., a.s have been found necessary by the British and United States Governments for marine boilers ; the use of a fusible plug in crown sheet as a safeguard against injury from low
45 Victoria. Sessional Papers (No. 47). A. 1882
water, and the adoption of some of the improved, spring-loaded, lock-up safety valves, would do much to render the use of these engines quite safe in the hands of any farmer of ordinary prudence and intelligence. The necessity of enforcing rules for the construc- tion of these boilers is shown by the fact that several of the factors of weakness in this boiler could only have been discovered during its manufacture, or after its explosion, as it was almost impossible to detect tbeni while the boiler was in its complete state.
This engine and boiler were sold by the Joseph Hall Manufacturing Co., Oshawa, but the engine bore a name plate with the following on it : — " Manufactured at the McGill Machine Works, Oshawa, Ontario."
I have the honour to be, Sir,
Your obedient servant,
Geo. C. Robb, Chief Engineer, Canadian Steam Users' Association.
2,241
on 7,204 Ottawa, 24th November, 1881.
Sir, — I am directed to acknowledge the receipt of your despatch of the 22nd instant, enclo.sing a copy of a report furni.shed to your Government as to the cause of the explo- sion of a portable engine boiler, and suffgesting, in view of the facts therein brought out, whether some criminal enactment would not be proper for the purpose of guarding against the occurrence of such casualties.
I have the honour to be, Sir,
Your obedient servant,
(Signed) Edouard J. Langevix,
Utuler-Secretary of State.
His Honour the Lieutenant-Governor of Ontario,
Toronto.
2,430
on 7,204 Ottawa, 28th December, 1881.
Sir, — Adverting to your despatch of the 22nd ult., upon the subject of boiler explosions, I have the honour to acquaint you, for your Government, that this Govemraent will recommend to Parliament to pa.ss such crimnal enactment as may be thought proper for the purpose of preventing the recuirence of cxsualtie.s of the nature referred to.
It is thought, however, that such criminal lejjislation should only be in aid of some general measure to be pa.ssed bv the Legislature of Ontario regarding the inspection, etc*., of boil'-rs. This Government is not aware of any general jesislation in the Province of Ontario upon the subject, and b<-fore taking the matter into further consideration, action by the Legislature of that Province would be waited for.
6
45 Victoria. Sessional Pajjers (No. 47). A. 1882
I have the honour to suggest that any enactment upon the subject should provide that the boilers should be marked by the manufacturers or others, as the case may be, in such way as to indicate clearly the quality of the material, thickness, etc., out of which they are made, and the maximum pressure test. The Parliament of Canada might then properly be invited to provide for the punishment of any person who either uses or manu- factures a boiler without having it marked, or who puts on false marks.
I have the honour to be. Sir,
Your obedient servant,
J. A. MOUSSEAU,
Secretary of iState.
His Honour the Lieutenant-Governor of Ontario,
Toronto.
46 Victoria. Sessional Papers (No. 48). A. 1882
RETURN
To an Order of the House of Assembly passed on tbe 9th day of February, 1882, for a Rtarn shewing (1) what members of the Legislature, or persons who have been members thereof within six months prior to their appointment to ffice, have been appointed to office under the Crown in this Province since Con- federation ; (2) the dates of the resignations of such members of their seats in the Legislature and of their appointment to oflSce ; (3) the nature of the offices to which such appointments have
been made.
By Command.
ARTHUR S. HARDY,
Secretary.
Provincial Secretaby's Office,
Toronto, February 24th, 1882.
45 Victoria.
Sessional Papers (No. 48).
A. 1882
46 Victoria. Sessional Papers (No. 49). A. 1882
RETURN
To an Order of the House for a Eeturn shewing the total quantity of Butchers' Meat supplied to each of the Public Institutions of the Province, and the cost thereof for the years 1880 and 1881 respectively ; also the cost to the Province in each of the said years for the erecting of Slaughter-houses, and Salaries of Butchers and Agents employed in purchasing Cattle, etc., to- gether with the amount of Freight on such Cattle, etc., from the place of purchase to the different Institutions.
By Command.
ARTHUK S. HARDY,
Secretary. Provincial Secretary's Office,
Toronto, February 24th, 1882.
45 Victoria.
Sessional Papers (No. 49).
A. 1882
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45 Victoria. Sessional Papers (No. 50). A. 1882
RETUBN
To an Order of the Honse for a Return shewing the amount re eived in each year, and tlie amount paid in each year on account of the Superannuation of Puljlic School Teachers ; also shewing the total sum received and total sum paid out on account of such fund.
By Command.
ARTHUR S. IIxVRDY,
Secretiirp.
Provincial Secretary's Office,
Toronto, February 27th, 1882.
45 Victoria.
Ssssional Papers (No. 50).
A. 1882
SUPERANNUATED
STATEMENT SHOWING THE OPERATIONS OF THE FUND
Receipts— Subscriptions . do Other sources
Total Receipts.
1854.
1855.
r
■? c. 280 00
1856. 1857.
S c.| 355 00,
8 c. C.51 00
» c. 508 00
i 280 00
Refunds
Net Receipts
Expenditure
Net charge on Consolidated Revenue
Number on the list, under CO— Male
Average age nf ditto
Number on tlie list, under 60— Female
Average age of ditto
Number on the list, CO and over -Male
Average age of ditto
Number on the list, GO and over — Female . .
Average age of ditto
Total number of Males on the list
Average age of ditto
Total number of Females on the list
Average age of ditto
Total number of both sexes on the list
Average age of ditt<i
Admitted during the year, under 60 — Males
do do Female ....... .
.\dmitted during the year, GO and over — Male
do do Female .
Total number of .Males admitted 'luring the year. .
Total number of Females a^Imitted during the year
Total number of hnth «"X'>"i admitted to the Fund during the | year
1
355 00 631 00
33 71 !
8 00
280 00 347 00'
I I
3344 50i 5617 eOj
I •
■m'A .")0 5270 60|
7 1 17 !
.-.3 j .'.4
1 I
51 j
61 I
70
1
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17
0
1
A
I
43
2
1838.
i c.
462 00
651 00 i;d34 92
rssa 92
|
1 ' |
|
|
67 j |
|
|
40 |
78 1 |
|
68 |
67 |
|
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2 |
|
5!) |
|
|
40 |
80 |
|
1 .» |
67 ' |
|
7 |
10 ! |
|
3 |
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;« . |
40
50
92
69 1
68 122
&5 6
S3 128
64 ;
^ .r. I
48 i 4 I
.508 00
5C« 001
5112 36i
4604 36
27
.53
.5"
51
92
69
1
69
119
66
6
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125
65
52
I
462 00
41 00 421 00 2663 51 2242 31 35 54 5 62 112 69 3 87 147 65 8 .'.7 1.55 66 12
19 2
.1 2
33
45 Victoria.
Sessional Papers (No. 50).
A. 1882
TEACHERS' FUND.
FROM ITS COMMENCEMENT TO 31st DECEMBER, 1881.
1859.
$ c.
488 00
1860.
S c. 450 00
INOl.
1862.
J.
S c. 642 00
$ e. 318 00
1863.
1864.
$ c. 17.5 00
I
488 00 450 00
32 00
456 00
3921 91
3465 91
34
53
6
52
111
69
3
68
145
66
9
57
154
65
6
1
4
10 1
11
101 00 349 00| 4084 61 3735 61 27 53 6 53 116 70 2 67 143 67 8 •57 151 66
642 00
148 00 494 00 4080 66 3586 66 33 54 7 54 119 71 j 2 68 ' 152 07 9 57 161 67 8 1 18
18 1
19
318 00
149 00
169 00
5437 94
5268 94
35
.55
7
54
119
I 71
3
66 154 67 10 58 164 67
4
1
4
1865.
1866.
1867.
$ c. $ c. 138 00 332 08
175 00
26 00
149 00
3245 43'
I
3096 43!
34 ,
55 I
9
54
122
72
3
67
156
68
12
57
168
07
3
2
3
0
138 00
123 00
15 00
.3611 071
3596 07
25
55 I
7 I
54 !
I
121 I
i 72 j
5 !
65 146
69
12
58 158
68
332 08
]
81 40
250 68:
3997 38J
3746 7o|
22
54 1
6
54
121
72
5
66
143
69
11
59
154
68
3
$ c. 1.58 48
I c.
175 00
30 00
ISOS.
1809.
I
9 c. 408 00 190 00
1.58 48 1 205 00 598 00
158 48 3726 34 3567 86 18 56 6 55 116 71 5 67 134 70! 11 I 60 145 69
10
10
1.53 00!
52 00'
4161 71 j
4109 71 i
17
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56
118 I
72
6
67
135
70
12
62
147 I
69 1
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3 j
$ c. 269 12 120 00
1870.
$ c. 209 00 120 00
389 12, .329 00
177 00
421 00
5957 31'
5536 31
18
55
6
57
113
72
6
68
131
70
12
63
143
69
3
389 12 0332 13
.5943 01
14
.57 3
56 105
72 9
66 119
71
12
64 131
70 1
124 00
205 00
6376 00
6171 00
9
56
3
54
109
71
10
66
118
70
13
63
131
70
1
1
7
8 1
45 Victoria.
Sessional Papers (No. 50).
A. 1882
SUPERANNUATED
Keceipts — Subscriptions . do Otlier sources
Total Receipts
1S71.
1872.
187.1
1874.
187.i.
S c' S c! S c. 1096:i 71111870 73
5300 00 • 120 00
120 00
!
5429 00 11C83 71
120 00
$0. $ c. \2K3i 7r> 12704 18
120 00
120 00
Refunds 128 00
Net Receipts
Expenditure
Net charge on Consolidated Revenue
Xumber on the list, under 6U— Male
Average age of ditto
Number ou the list, under (iO— Female
Average age of ditto
Number on the list, GO and over— Male
Average age of ditto
Number on the list, CO and over — Female
Average age of ditto
Total number of Males on the list
Average age of
Total number of Females on the list
Aveiagc age of ditto
T'>tal number of both sexes on the list .
Average age of ditto
Admitted during the year, under 60- -Male. . .
do do Female
Admitted durink' the year, 60 and over, Male
do do Female
Total number of Males admitted during the year
Total number of Females admitted during the year
I Total number of l>oth sexes admitted tu the Fund during the I ) year I )
238 10
5301 00 10845 61
I
6015 88111942 67 714 88 1097 OC
7 .56
105 72 10 65
112 71 12 6;!
124 70
11990 73112976 75' 12824 18
442 81; 748 64 1266 95
I 11547 92,12228 11
11557 23
19097 32,22910 25 26509 25 7549 40 10682 14 149.52 02
15
53 I 3
.52 1 113
71
10
66 128
69
13
63 141
1
10
19
> ! I
20 i
21
51
I
.53
118 72 10 67
139 69 14 63
153 69
8 1
(".
14 1
u
42
.50
49
129
72
10
68
171
67
18
59
189
fi«
20
4
I'.i
39 4
43
I
.53
rs
12 48
152 72 12 69
205 66 24 68
229
65
17
4
28
2
45
6
NoTK, — In IS'i.t n Legislative Grant of fViil wan ni ide towar<l» fonnink' tin- Fund. In 1^1 the grant to 1873 the rate of allowances was regulated accordinc t.i the reinmrcen of tho Kuinl- In 1H7 • thi- r«t« was
Edocatiok Df.pautmknt (OxTAnio), February 27 th, 1882.
46 Victoria.
Sessional Papers (No. 50).
A. 1882
TEACHERS' F\J-NT>.— Concluded.
1876.
1S77.
$ c,
12G47 25
120 00
12767 25
1252 83 11514 42 317G8 82 20254 40 69 51 13 48 172 72 12 69 241 66 25 58 266 65 18 2 29 1 47 3
50
S c. 14283 25
120 00
1878.
1879.
S c. 13767 12
120 00
S c. 14064 84
2153 09
1880.
1881.
15S16 45 14197 75
14403 25 13887 12
1576 07 1591 64
12827 18 I 12295 48 35484 35 41318 95
22657 17 82 50 11 51 187 72 13 69 269 65 24 60 293 65 20 3 21
41 3
44
29023 47 95 51
19 ' 49 212 72 13 70 307 66 32 58 339 65 21 6 26
47 6
53
J.
I 16217 93 15816 45
2237 79 13980 14 43774 50 29794 36 95 51 20 50 233 72 12 69 328 66 32 58 360 65 17 2
27
1 44
3
47
14197 7:
3252 92 2872 13 I 11325 62
12563 53 48229 13 35665 60
99 I
51
22
49 254
71
16
68 353
65 38 57 391 65 24
5 24
48 5
.53
49129 43 37803 81 105 51 23 49 256 71 18 68 361 65 41 57 402 64 10 3 13 2 23 5
§144,499 71-
( $3,573 09- \ 1881.
-total subscriptions to Slst Dec, 1881.
-total from other sources to Slst Dec,
$148,072 SO— total receipts to Slst Dec, 1881.
§16,771 28— total refunds to Slst Dec, 1881. $131,301 52 -net receipts to Slst Dec, 1881.
S414,385 93-total p.iyments to Slst Dec, 1881.
( $283,084 41 — net charge on Consolidated Ke venue ■ to 31st December, 1881.
28
I 280 — total number under 60 admitted to Slst Dec ., r 1881.
i 381— total number, 60 .ind over, admitted to Slst I Dec, 1881.
( 609 — total number of males admitted to Slst Dec, ( 1881.
( 52 — total number of females admitted to 31st \ Dec, 1881.
( 661 — total number of both sexes admitted to Slst 1 Dec, 1881.
was increased to £1000 per annum. In 1871 subscriptions became compulsory on male teachers. Previous increased to $6, the maximum legal .allowance, at which figure it has since remained.
ADAM CROOKS,
Minister of Education,
45 Victoria. Sessional Papers (No. 51). A, 1882
(No. 51.)
Return shewing Receipts and Expenditures iu detail since the date of the last Return connected with the estate of the late Andrew Mercer ; shewing also, in a separate account, a detailed state- ment of the cost of the building known as the Andrew Mercer Reformatory. {Not Printed.)
45 Victoria. Sessional Papers (No. 52). A. 1882
(No. 5-2.)
Eettirn shewing the number of Shop, Hotel, and Saloon Licenses gi-anted in each Municipality of the Ridings of East and West Simcoe, dating from the 1st day of January, 1878, to the Ist day of January, 1882, stating the amount received for each license for each of the above years. {Not Printt'd.)
45 Victoria. Sessional Papers (No. 53).
A. 1882
REPORTS
OP THE
STIPENDIARY MAGISTRATES
WITH RESPECT TO THE
NORTHERLY AND WESTERLY PARTS
OF THE
PROVINCE OF ONTARIO.
^m\U& iJij &nUv oi the 'legislative gissembUt.
oiiovQntQ :
PRINTED BY C. BLACKETT ROBINSON, 5 JORDAN STREET.
1882.
45 Victoria. Sessional Papers (No. 53). A. 1882
CONTENTS.
PACK.
Report (Mr. Borron's) 5
Narrative of Explorations, Etc. : —
Journey from Toronto to Micliipicoten River, and thence to Missanaibi
Post 16
Explorations between Missanaibi and Flying Post IS
" " Flying Post and Matawagamingue Post 28
" " Matawagamingue and Moose Factory 33
" " Moose Factory and Albany Factory 42
" " Albany Factory and Martin's Falls 46
" " Martin's Falls and Osnaburgh House 59
" " Osnaburgh House and Lac Seul Post * 71
" " Lac Seul and Wabigoon Lake 74
Table of Distances, and Portages, Etc 81
Report (Mr. Lyon's) 82
* The fur-trailing statioiu of The Hon. Hudson Bay Co. are known in the Territory under the name* <rf "I'oats," " Houje»," "Forti," and "Factories."
45 Victoria. Sessional Papers (No. 53). A. 1882
Toronto, 31.st December, 1881.
Honourable 0. Mowat,
Attornei/-Ge7ieral , Toronto.
Sir, — I have the hoiiour to submit herewith a narrative of my explorations during the past summer in the northerly aaii westerly parts of the Province of Ontario; and also a report in which the information obtained in reference to the value and resources •of this territory is briefly stated.
I have much pleasure in again recording the obligations I am under to the ofi&cers ■of the Honourable Hudson's Bay Company,
And have the honour to be. Sir,
Your obedient servant,
E. B. BORRON,
SUpsndiari/ Magistrate, District of Nipissing.
45 Victoria. Sessional Papers (No. 53). A. 1882
REPORT
OF
E. B. BORRON, ESQ., STIPENDIARY MAGISTRATE,
ON THAT PART OF THE
;BA8TN of HUDSON'S BAY
BELONOINO TO THE
PROVINCE OF ONTARIO.
In the explorations which I have made in this territory during the last two seasons, the main object has been to obtain reliable information as to the value and resources of the country. The narrative of this year's work which accompanies the present Report records daily the principal events as they occurred, and the leading features of the country as they were presented to me. However tedious and uninteresting it may be, I am persuaded that a perusal of the narrative will afford a better idea of the character of the country than can be obtained from any formal Report it will be in my power to make.
I may say generally, that in all relating to the flat country bordering on James' Bay, my explorations of this year go to confirm the statements made in last year's Report. The land in this flat country, at all available for agricultural or pastoral purposes, may be -comprised in three classes.
The first class consists of a belt from quarter of a mile to three or four miles in depth, on the shore of James' Bay, extending unbroken, save by occasional points and reefs, from the eastern boundary of the Province, as fixed by the arbitrators, to Albany River, the western boundary — a distance, following the line of the coast, of at least one hundred and fifty miles. This belt is chiefly valuable for its fine pasture, and the great quantity of marsh hay that it is capable of aS'ording. When this part of the territory is opened up, no doubt considerable numbers of cattle may be raised here.
In the second class I include all the low-lying bottoms, points, and islands of alluvial soil, found at intervals on the rivers in the territory. This land is good, but generally more or less flooded in the spring. Few spots are so high as to be out of danger at that time, should the ice become jammed and dam back the water — by no means an uncommon ■occurrence. It would, however, make fine meadows for either hay or pasture, and such of it as would allow seed to be sown before the season was too far advanced, would grow good crops of all the grains and roots that are .suited to the climate. The area of this allu- vial land must in the aggregate be very considerable, but it is so scattered that it is ■ only rarely that enough can be found in one block to form a fair settlement.
45 Victoria. Sessional Papers (No. 53). A. 1882
The third class of land comprises a narrow strip extending along the margin of the rivers, sometimes only on one side, but more generally on each side. It is composed partly of the sloping banks leading up f.om the rivers or river bottoms to the level of the great plain above, and partly of the pi .in or plateau itself. The depth or width of this strip is determined by the wetness or dryness of the soil, and the length of time which has elapsed since the last fire ; for althougli the peat and moss may have been destroyed and driven back, as it were, a short distance, they ultimately become so wet that they defy even the fire, and no sooner is it over t!ian they again, it seems to me, begin to advance with the view of retrieving their lost ground. This is the fringe or strip of good land so often alluded to in the narrative of my explorations, and beyond which I invariably came to Sphagnum moss or peat, generally both. The soil on the sloping banks, and some- times on the top of the liank, appears to be gravelly or even sandy. This is, I think, alluvial, and has been deposited by the rivers when their beds were more nearly on a level with the plain above. Be this as it may, the subsoil, if not the soil, of this great plain is almost entirely clay. Even at points where a good deal of .sand was seen in the banks, the peat, at from half a mile to a mile back, nearly always rested on clay. This clay contains a considerable percentage of lime, and is really a marl. It may be doubtful if this clay would of itself constitute an easily worked or veiy fertile soil, but incorporated with a sufficient thickness of vegetable mould, or even of peat and peat ashes, a good, useful, and lasting wheat soil would, I think, be obtained. The extreme narrowness of this strip or belt — rarely e.vceeding half a mile, and often not more than a quarter of a mile — detracts much from its value. I am of opinion, however, that very extensive areas in the rear of this belt are frequently but lightly covered with peat, of say from one to six feet in thickness. Now, the height of these plains above the rivers, varying from twenty or thirty to upwards of a hundred feet, is amply sufficient, taken along with its general northerly slope of somfe three feet per mile, f) admit of a complete and admirable system of artificial drainage being extensively carried out at very moderate cost. Tlius drained, the Sphagnum moss and peat would become sufficiently dry during the summer to burn, and if not the first year, by repeating the proces.s would ultimately be completely destroyed ; the ashes and a portion of the peat itself might finally with advantage be incorporated with the clay subsoil. It is quite within the range of possibility that many thousand square miles of this peat-covered territory may be reclaimed, and that with such beneficial results in respect of the climate that it is also possible luxuriant crops of wheat and other grain may yet flourish on these vast plains, where at present nothing but Sphagnum moss appears to thrive. In support of my opinion, that, preceded by drainage, much, if not all of the peat, where not too thick, can be got rid of by burning, I may mention that in some places on the banks of the Albany River, over which the bush fires had passed, I observed that peat and Sphag- num moss, which must have been at least two feet in thickness, had been reduced to ashiiS, and the ground left in such a condition as would have admitted of its being very easily cleared up and cultivated. This was due partly to the dnness of the summer and partly to the fact that the areas in question were naturally better drained than usual, owing to the proximity of the river and one or more ravines by which they were partially sur- rounded. The consequence was, that the peat had been reduced to such a state of com- parative dryness, that once ignited, it went on burning until the whole was completely consumed. I Attribute the existence of the narrow strip of fertile land on the banks of the rivers entirely to this cause. But for the fires which, at longer or shorter intervals, sweep along the banks of the rivers, destroying the Sphagnum moss and peat which may have accuumlated in the meantime, these strips, like the greJit plains beyond, of which they form a part, would infailil)ly have been .seized hold of by this extraordinary plant. If the peat mosses of this region reposed in basins or depressions in the underlying strata which deepened as we advanced from the river, at or near the river bank UjwarJs the centre, the difficulty and expense of draining and reclaiming them would be greatly in- creased. I am of opinion, however, that, save the general declivity towards James' Bay, the surface of the underlying clay is level or nearly no, and that the increasing thickness of the peat a.s we go back is really due to a rise in the surface of the peat moss itself from the oircuinf. r.iioe or edge towards the centra. While the obvious boundary of this flat
G
45 Victoria. Sessional Papers (No. 53). A. 1882
or level clay country is James' Bay on the north, that on the south is not determined with any approach to certainty. It has been supposed to extend southward to the Long Portages on the Missinaibi and Mattagami Branches of Moose River, distant respectively about one hundred and thirty and eighty-five miles from Moose Factory, and to be co- extensive or nearly so with the area occupied by the underlying Devonian strata. The Laurentian rocks are very conspicuous in the gorges and channels of the rivers at and above these portages. On the Mattagami Eiver the water descends over these rocks with a fall of not less than four hundred and twenty-five feet in ten miles, according to the measurement of Dr. Bell, while the fall in the Missinaibi branch is nearly three hundred feet in a like distance. One is tempted to imagine that this rocky range, so conspicuous on these routes, extended both eastward and westward of the rivers encircling as it were with a precipitous wall of rock the level clay country, and forming a well-marked and distinct southern boundary. But I doubt after all if such is really the case. Although this somewhat sudden rise in the underlying rock may circumscribe and limit the area occupied by the limestone and other Devonian strata, or even of the blue clay, yet I am satisfied that the drab and light-coloured clays found above the blue clay, in the level country below, overspread a great part of the territory above and to the south of this barrier. My impression is, that the general surface of the plain commences to rise a considerable distance before the Long Portages are approached, and excepting where cut through or denuded by the action of the rivers, this supposed rocky margin or rim has no visible existence, but is more or less deeply covered by the clays, sands, and gravels of the so-called Drift, or Glacial period. That a very large proportion of the clay and other loose materials found on this upper plateau must have comp from the north, and that it has been carried or transported in some mysterious way up hill, partly from the shores of the Hudson Bay, and partly from the lower plateau, admits almost of demon- stration. On my way to Moose Factory I found fragments of the Devonian limestone on Kaibushkasing, or Kappuskuska Lake, at least one hundred miles, and also on Kenogamissee Lake, about one hundred and fifty miles from the Grand Kapid, on the Mattagami River, the nearest known point at which that rock is found m situ ; and what is still more remarkable, not less than eight or nine hundred feet above it. Again, when ascending the Albany River from Jame.s' Bay, I found pieces of this limestone continuously, from where it crops out some eight miles below Martin's Falls, to Osnaburgh House, on Lake St. -Joseph, about two hundred and twenty miles distant from and not less than six or seven hundred feet higher than Martin's Falls. From Lake St. Joseph, on the north side of the " Height of Land," I found bits of the limestone and silicitied fossils from what I believe to be the same forma- tion, to Lac Seul, or Lonely Lake, on the south side of the "Height of Land," another hundred miles distant. And lastly, I traced them (although now very scarce) as far as Lake Minnietakie, some thirty or forty miles south of Lac Seul. These fragments and fo.ssils of the Devonian limestone were almost always associated with the drab and light grey-coloured clays before mentioned, and sometimes, though rarely, with sand or gravel. Accompanying the fossiliferous limestone throughout, I observed, too, a very peculiar and easily recognized variety of quartzite which I have never met with " in place " anywhere, and believe to have come from the east main coast of Hudson's Bay, probably little short of one thousand miles distant from Lake Minnietakie, where I got my last specimens. Thus there is, I think, sufficient evidence to prove that more or less of the materials composing the clays, sands and gravel now found on the second plateau, on the Height of Land, and for many miles south of tlie Height of Land, have been furnished by and transported from the far distant shores of Hudson's Bay.
The territory included in what may be called the second plateau (although that below it is really a plain) commences at the top of the somewhat sudden rise before re- ferred to as taking place in the general surface of the plain, at or about the Long Portages on the Ahittibi, Mattagami, and Missinaibi Rivers. This rise is not so marked on the Albany River ; and while I am safe in placing the boundary not less than ten or fifteen miles above Martin's Falls, it ma)' be considerably more. Nor is its southern limit — -namely, where this plateau ends, and that known as the Height of Land begins — at all regular or well defined. So far as I have been able to form any opuiion on tlie sub-
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45 Victoria. Sessional Papers (No. 53). A. 1882
ject, I should place it on the east, about the lower end of Lake Abittibi, and at or about the lower end of Lake Miminiska, on our western boundary.
Intermediate between these, " Green-hill Portage " on the Missinaibi River, Flying Post, and the lower end of Lake Kenogauiissee may be mentioned as situated, in my opinion, on or about the southern limits of this plateau. The height of this plateau above the level of the sea (or James' Bay) ranges from six or seven hundred feet at iU lower or northern edge, to from eight hundred and fifty to one thousand feet at the upper or southern edge.
No part of this zone or belt is underlaid, so far as I know, by Devonian limestone or any other rock of that formation. Where seen in place, the rock is exclusively Huronian and Laurentian. It is rarely found projecting or rising up above the general surface, even in tliis plateau, and although often exposed to view both on the rivers and lakes, it is almost always in consequence of the denudation or removal of the overlying clay by the water of such rivers and lakes.
As Dr. Bell very justly reniai'ks, the surface, even on the Height of Land, is almost always covend with loose material of some kind. On this second plateau the loose material still consists of drab or light-coloured clays, overlaid occasionally by gravel or sand. In these clays, as already remarked, pieces of limestone from the Devonian strata to the north may almost always be found, decreasing, however, in size and number as we recede from James' Bay and ascend towards the Height of Land. I am of opinion that careful analysis and micro.scopic examinations of the gravels, sands and clays found on or about the Height of Land would probably throw some light on their origin.
In the second plateau, anything deserving of the name of mountains or hills are rarely met with. The rock, in all probability, bad been pretty well planed down by the ice before the clays, sands and gravels were deposited, or at least allowed finally to rest on this plateau. Still, the inequalities in the underlying Huronian and Laurentian rocks are sufficient to impart, occasionally, somewhat of a rolling or ridgy chai'ucter to the surface. Denudation has been carried out more extensively by the rivers in tliis, than in the lower plateau, and the alluvial or bottom lands are greater in proportion to the whole. Lakes, too, are occasionally met with in the southern part of this zone or belt, which have originated, it seems to me, not so much in any deep natural depressions as the removal of the loose surface material by the rivers flowing through them, and of which these lakes are often mere expansions. While, however, there is in the aggreg:\te a larger quantity of arable land, such as may be seen at New Brunswick and at Flying Post, and a very much larger area still of land that would form fine pastures and meadows, I am, not- withstanding, strongly of the opinion that m\iskogs or peat mos.ses overspread by far the greater part of this belt or plateau also. This is more particularly the case as regards the lower or northern part.
Of the third plateau, or that which may be said to constitute the Height of Land, I .shall say little. As we approach it from the north, the outline of the country becomes bolder and more rugged ; the underlying Laurentian rocks appear mor<! frcq\iently above the surface, forming low ridges or dome-shaped knolls. Viewed from the north they rarely present the appearance of a mountain range, although broken ridges and isolated hills may be seen, from two to three hundred feet in height. Only on the Height of Land, near the head waters of the Abittibi, have 1 ever seen what might be fairly entitled to be called mountains. The.se were seemingly five or six hundred feet in height, and, separated as they were from each other by huge gaps, looked like the last remaining por- tions of an extensive and continuous range, the greater part of which had lieen overthrown and carried bodily away by the overpowering force and pressure of the ice from the north. The hollows between these low rooky riilge.s are very frequently occupie<l by lakes, marshes and swamps. Sometimes these la-st are covered with a growth of alder, willow, tamarac or gra.ss. Beaver meadows are not uncommon, and wilil rice is now and again met with in some of the.se lake.s. Tlie soil on the ridges is generally sandy or gravelly — rarely clay, .so far aa my experience goes ; although on the Height of Land portage, on the Abittibi route, clay is found at both ends of the portage. The soil, generally light and sometimes stony, is usually dry and warm, and although a small proportion of it only may be suitable for grain-growing, yet nearly all of it will atFonl more or less pasture. Peat mos.ses or muskegs are even to be found on and to the south of the Height of Land,
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45 Victoria. , Sessional Papers (No. 53), A. 1882
but the area occupied by peat mosses is relatively small as compared with that which is covered with timber and grass.
CLIMATE.
It is only from observations recorded at the Hudson's Bay Company's posts, from the statements of parties who either live or have lived in the country, and from our limited experience, that we can obtain any knowledge of the climate of the two latter •divisions of this territory. As regards the crops which may or may not be grown in the territory, much contradictory evidence has been given. Neither is the climate the same in all parts of the territory. On suitable soil, properly prepared, and with judiciously selected seed, I am of opinion that wheat, oats, barley, and possibly rye, may be grown with more or less success on the second belt or plateau. Barley can be <,TOwn on the lower and more northerly ploin, even at Moose Factory and at Kupert's House, on the coast of James' Bay. Oats also, and some of the hardier varieties of wheat, would in favourable years also, probably come to maturity, where there was shelter, and a good exposure in the lower belt ; for instance, at Old Brunswick, some twenty miles below the Long Portage, on the Missinaibi branch of Moose River, and at New Post, on the Abittibi. At Albany Factory, I doubt if, even with the best kinds of seed, and the most careful preparation of the soil, any of the common grains would come to maturity. In exceptional years it is possible that barley might ripen ; but in ordinary seasons I think it would not. I may be wrong, but judging from the frosty nights we had in the middle of August this year, I am inclined to tliiuk that summer frosts are more freiiuent and severe on the Albany River than on the Moose, Abittibi, or even Rupert's River. Potatoes are successfully culti%-ated at all the Hudson's Bay Company's posts, in that part of the territory in which we are specially interested, and turnips al.so grow well ; but even potatoes did not seem to promise a good crop, either at Albany Factory or at Martin's Falls, 212 miles higher up the river. I may candidly state that I was greatly disappointed with the appearance of the country bordering on Albany River, and fear that neither in respect of soil or climate is that portion of it below the Kenogami branch, of much value in an agricultural point of view. At Moose Factory, pota- toes were a poor crop last year, but looking very well this season, as were most of the other crops, both in the garden and the tield. Cauliflowers of good size were ready to cut for the table on the last day of .July, which is fully as early as I ever knew them to arrive at maturity on the upper lake.s. Those who think that tlie weather is alwaj's raw and cold on the coast of James' Bay, may be surprised to learn that a few days before my arrival at Moose Factory the thermometer recorded nearly 92° of heat in the shade. As this is one of the stations for taking meteorological observations, both the instrument and the reading was doubtless correct. At Albany, I was assured by Mr. Broughton that it was 94° in the shade. As regards the climate on the Height of Land, there is, I am persuaded, also a good deal of misconception. Unfortunately, although there are several on the coast of .James' Bay and one at Martin's Falls, there are no meteorological stations, so far as I know, on or near the Height of Land between the Great Lakes, or even the Ottawa Valley and Hudson's Bay, so that it is difficult to obtain reliable information on the subject. I will give, however, a few facts wliich liave come under my own notice this season, calculated to throw a little light on this point. Matawagamingue Post, where I arrived on the 15th of July, is situated, according to the observation of Mr. Austin, C.E., about latitude 47° 53', and longitude 81' 20'. It is, according to Dr. Bell, not less than twelve hundred feet above the level of the sea, and may be fairly assumed to be on the northern part of the plateau forming tlie Height of Land. At that date, potatoes of a variety called by Mr. Rae "the blue potato," were just coming into blossom, and promised to be a good crop. This is, I think, nearly two weeks earlier than they usually blossom at Moose Factory. Kidney beans were good, and promised an early crop. A plot of Swedish turnips was also very forward, and looking well. Even pumpkins had every appearance of attaining maturity. At Osna- burgli House, on Lake St. Joseph, where I arrived on the 13th of September, and the •elevation of which is, I consider, nearly thirteen hundred feet above the level of the sea,
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45 Victoria. Sessional Papers (No. 53). . A. 1882'
the crop of wild rice had been gathered ; Indian corn, of which a few seeds had been sown, had come to maturity ; and a sunflower of large size had every appearance of ripen- ing its seed. Potatoes were good, and ready to be lifted. A few turnips and ruta-bagas had attained a fair size. At Lac Seul, some twelve hundred feet above the sea, and also on or about the Height of Land, barley, wheat, and Indian corn, had all ripened and were harvested before I got there, which was on the 24th of September ; the potato crop was being dug and stored away ; and Mrs. Mackenzie, the wife of the oflBcer in charge, along with some excellent potatoes and other most acceptable luxuries, presented me with several carrots from the garden, one of which measured twelve inches in circumference.
The missionary, a native of Red River, told me that he had rarely, if ever, seen in Manitoba itself finer barley than that grown at Lac Seul this season. These facts, most of which have come under my own per.sonal notice and observation, prove that there is nothing, at all events in the climate, to forbid the settlement of the country on and beyond the Height of Land. It may be thought that this was an exceptional sea.«ion ; in reply to which I can only say that it was not spoken of by the officers, or others living at the posts alluded to, as being at all an extraordinary or unusual .season, excepting on the score of its dryness, which in some sections, the Albany district more particularly, amounted to a di'ought, and was an injury rather than otherwise to the crops. It may be remembered, too, by those who have read my last year's report, that on the 20th September I arrived at Lake Tamagaming, and there met one Malcolm McLean, who told me that he had been many years in the Hudson Bay Company's service, and had travelled a great deal over the territory lying to the south of .lames' Bay ; and that among other posts at which he had been stationed, were Matawagamingue and Flying Post, both of which I have already referred to. Of Matawagamingue he said, that " the .soil was not very good ; but so far as the climate was concerned, all the common vegetables could be grown." In reference to Flying Post, he informed me that " everything would grow well there, and that he had once sown a keg of wheat and got a return of twenty kegs." In my first report I quoted from the e\ndence of parties who were either living or had lived many years in the territory, to show that at Abittibi Post, and at New Brunswick, all the ordinary grains and vegetables (wheat inclu.sive) had been grown. Dr. Bell, Assistant Director of the Geological Survey of Canada, and who has devoted many years to the examination of the territory lying between Lakes Huron and .Superior on the south, and the Hudson Bay on the north, has given it as his opinion that the climate rather improves than otherwise as we descend from tlie Height of Land and travel northwards to the shores of James' Bay, the ditVorence of elevation more than making up for the differ- ence of latitude. The climate on the Height of Land has been shown to be equal to that which obtains on most parts of the north shore of Lake Huron, and the summers warmer, if anything, than on the north shore of Lake Superior ; and if the climate of the inter- mediate tj-rritory between the Height of Land and .James' Bay be even no better than what we have every reason to believe it to be on the Height of Land on the one hand, and at Moose Factory on the other, we may be very well satisfied.
What I have stated in reference to the leading physical features of this territory, and on the subject of its soil and climate, will enable the reader to form his own opinions as to the value of the territory in an agricultural point of view.
T shill now, therefore, very briefly allude to other resources of more or less valup and importance.
MINERAL nKSOURCF.S.
The minerals and metnl.s, which the earth afTords for the use of man are, a.<< almost everj'onc in these days knows, found under widely different circumstance.s. Some, as copper and lead, are found in veins penetrating the solid rock to greater or lesser depths ; others, as gold, either in veins, or disseminated through certain soils ; othem, as coal, gypsnm, and some kinds of iron ore, in beds or strata undi'rlyinij a greater or less extent of country.
In regard to those metallic ores secreted or deposited in veins only, the existence of the fissures or veins wherein the deposition may or can take place is an indispensable
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preliminary condition. Now, without at all entering into the causes, whether it be the absence of volcanic disturbance or otherwise, I may say that I have met with very few well-defined veins in this country, and these, such as they were, have not contained any metal or metallic ore in quantity such as to render them of much, if any, economic importance or \alue.
Nor am I able to add greatly to our previous knowledge in respect of the beds of lignite coal, peat, gypsum, iron ore and china-clay, which are known to exist, and believed to abound in this territory. As regards the lignite, or coal, I may simply say that we did not observe it in situ anywhere, either on the Mattagami or Albany ; but float or loose pieces were met with on both these rivers. As regards peat, it abounds every- where, even on the Height of Land ; and while it detracts greatly from the value of the country in an agricultural point of view, burying, as it has done, millions of acres of fertile soil which might otherwise have been easily reclaimed and cultivated, I am, not- withstanding, still firmly of the opinion that this inexhaustible supply of fuel will at no distant day be turned to account, and prove of inestimable value to the people of Canada, and more particularly of our own Province. I stated in my report last year, that I believed not less than ten thousand square miles of the territory claimed by Ontario, north of the Height of Land, was overlaid by beds of peat. I am persuaded that the area will eventually be found greatly to exceed that estimate. But assuming it to be no more than ten thousand square miles, and the average thickness of the peat to be only about eight feet, and we have there a quantity of fuel equal in heat-giving power to not less than 5,000,000,000 tons of bituminous coal. Now, even suppo-sing that, with a direct railway, the cost of manufacture and transportation would still be such as to exclude both com- pressed peat and peat charcoal from our markets, so long as coal and wood could be ob- tained at reasonable prices ; and still adhering to the belief that both coal and wood will advance in price until they become, sooner or later, anything but reasonable, he must be a bold man who, in view of the discoveries made within the last fifty 3'ears, will contend that in the next fifty years this bountiful provision of fuel may not be made to contribute, in some form nr other, to the welfare and comfort and happiness of the people of this Province. It appears to me by no means improbable that electricity, now almost synony- mous with light, heat and power, may be generated on the spot where the fuel to drive the necessary engines and machinery can be obtained, at an almost nominal cost, and in unlimited quantity. The electricity so developed can be transmitted with as much speed, ease and certainty to any point where light, heat or power may be wanted, as that which conveys telegraphic messages all over the world. If electricity generated in Newfound- land can be made to work a machine in Ireland, why may not electricity generated by our be'ls nf peat and lignite, together with the magnificent water-powers on both sides the Height of Land, be utilized in Toronto or Hamilton, not only as a source of light and heat, but also as a power wherewith to drive all sorts of machinery, the lighter kind more especially? The discovery of the means by which powerful electric currents can be divided and subdivided, and apportioned in the degrees or quantities re- quired by different individuals for different purposes, has, in my humble opinion, overcome one of the greatest obstacles to the almost universal employment of electricity, and that to an extent which may positively revolutionize all existing arrangements having for their object the production and transmission of light, heat and power, not only for domestic but manufacturing purposes. The best mode of transmitting power, from situations where it is running to waste, and actually worthless, to points more or less remote, where it is wanted, and would prove of the greatest importance and value, has long been a problem that engineers and mechanicians have been endeavouring to solve ; but so far, very clumsily and imperfectly. I know few of greater importance, and it appears to me that its perfect solution may be near at hand. What with her unlimited supply of fuel in the north, and her magnificent water-powers everywhere available in the same manner, and to the same end, no country will stand in a better position than Canada should these anticipations ever be realized.
IRON.
I saw and examined the deposit of brown hematite and spathic oi-e at the Grand Rapid, on the Mattagami River. This had been previously visited and described by
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45 Victoria. Sessional Papers (No. 53). A. 1882
Dr. Bell, and a sppcimen brought back by liim was assayed by Mr. Hoffman, of the Oeological Survey, and reported to contain upwards of fifty-two per cent, of metallic iron. I found this iron ore, as it seemed to me, in the form of lenticular masses or beds inter- posed between the limestone strata of the Devonian rocks, which appear in place here for the first time as we descend the river. I have no doubt that there is a very large body of ore, and that it could be obtained with very little labour. It is true that at present it may be of no economic value; but in estimating the importance of the various resources of this territory, not only their present but probable future value should be taken into con- sideration, and such an estimate, based, as it is entitled to be based, on the assumption that the country will sooner or later be opened up and developed by i-ailways, leads me to think that associated as this iron ore is with all that is necessary for its reduction, namely, limestone, peat and lignite, it can hardly fail to prove valuable when that time arrives.
The gypsum beds situated below the junction of the ilattagami and Mis.sinaibi Rivers have been already described in former reports. I found pieces of gypsum on the coast about half way between Moose Factory and Albany, and was informed by one of my Indians from that part of the country that it could be seen in place at the bottom of a bay not far off when the tide was out. I did not revisit the locality where the Kaolin or China clay was found last year, and have, therefore, nothing further to add to my former report in reference to it.
ProbabI}- in no part of Canada is there a smaller proportion of rock exposed at the sur- face than in the low belt of country south of James' Bay, and very few parts with so little bare rock as the second plateau or belt. In the third plateau, or that which constitutes the Height of Land, the proportion of rock is greater, and here the possibilities of finding the metallic ores associated with or contained in the Laurentian and Huronian rocks may be about as good as they are on the north shore of Lake Huron. T can only say that in hurrying acros.s this Height of Land (as I was obliged to do) I did not happen to see any. I heard reports, h'^wever (originating with the Indians), that some such ores may be found in the vicinity of Lac Seul, and I do not think it by any means improbable.
TIMBER.
In what has been called " the level clay country," which embraces all of the first plain or plateau and mcst of the second, the forest is restricted in a great measure to the narrow belt of good soil reported as e.xtending along the margins of the rivers and streams, and to the banks of the lakes. The alluvial bottoms on the rivers and islands, both in the rivers and lake.s, are generally well clothed with timber. This timber consists of spruce, aspen, poplar, tamarac and white birch chiefly. Of these, tlie spruce is the most valuable, being that which is Attest for sawing into boards or .scantling, and em- ployed for the.sc purposes at all the Hudson's Bay Company's posts on James' Bay under the name of " tir." The largest trees are about seven feet in circumference, V>ut in clear- ness or freedom from knots, etc., it compares unfavourably with our white or ri-d pine. It is, and al«'ays will be, of great importance and value to the inhabitants of the territory, and although offering no inducements to the lumberman at present, may yet take its place in the market when the country is opened up, and other woods become scarce and dear. On the upper or southern margin of the second plateau, and al.so on tliat which constitutes the Height of Land it.self, there has at one time been a large quantity of both red and white pine. At and near Flying Post I saw fine pine of both vaiii-ties, as also good spruce and tamarac. I measured some of the larger trees and found them to be as follows, ab )ut three feet from the ground : wliite pine, eight feet ; red pine, seven feet ; spruce, six feet; and tamarac six feet in circumference. I was informed liy Mr. Thomas Moore, the officer in charge of that post, that .some sugar-maple and black birch trees might be seen growing a few miles from the post, and that he had noticed and measured a wliite pine that was two fathom.s, or twelve fet;t, in circumference. On my suVisequent trip from Flying Post to Matawagamingue I saw a few white pine trees (survivors of the ancient forest), two of which measured ten and eleven feet respectively in circumference. The Amount of pine Inft by the fires in tlie neighbourhood of Flying Post I was unable to
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45 Victoria. Sessional Papers (No. 53). A, 1882
ascertain, >iut am satisfied that the quantity is greater and quality better than anywhere else that I have yet been on the north side of the Height of Land. But whatever it may be, it bears a very small proportion to the forests of pine which have been, temporarily at least, destroyed by fire.
The quantity of aspen poplar in this territory is very great, and may, in view of the employment of the pulp of this wood for the manufacture of paper, become extremely valualile. The tamarac, too, though much less in quantity (unless we include the diminu- tive ones found growing on the muskegs), will also be of some value whenever the country is opened up. Tamarac of the size suitable for telegraph poles is very common, and more rarely such as would make railway ties were met with. The largest trees of this kind rarely exceeded six feet in circumference.
The other woods are of such a nature, or are found in such limited quantities, or so scattered as to be of no apparent value, with the exception of the white cedar and white birch, more or less of both of which are found from the Height of Land to within a few miles of James' Bay ; and both are of the greatest value to the natives, as affording them the best possible materials whereof to build their canoes. There is a variety of pine- found very generally on poor sandy or rocky ground, all over the territory, more particu- larly in the upper or southern portion. It rarely attains a large size, has a scabby, rough bark, few branches, and those near the top ; it yields a good deal of resinous gum, and the wood is yellowish, and used for nothing that I know of except fuel, for which it answers tolerably well when dry. I have called it in my narrative sometimes pitch-pine, and at others rough-barked pine.
That bush fires have passed over the greater portion of the territory on and beyond the Height of Land within the last twenty or thirty years cannot fail to attract the notice and attention of every tiaveller — indeed, so recent have they often been that the bush or young forest has raiely bad anything like the time necessary to attain full growth. Bush fires, looked at broadly as one of the forces or phenomena of nature rather than in the light of mere accidental occurrences, are, when confined to a wild and uncultivated region, by no mean.s the unmitigated evil they are generally sup- posed to be. I am quite convinced, from wh.it I have .seen, that, were it not for bush fires there would have been neither grass nor bush, nor trees on millions of acres of land in Canada which from time immemorial have grown all in turn. The Sphagnum moss, so general in the North, and there only kept in check by fire, would in this climate and country also have gained possession of the soil had it not been for bush fires. Nor would the North-west have fared a bit better, but have been in all probability overrun with nmskegs, or peat-bogs. The Indians knew more than we gave them credit for, when they annually set fire to large tracts of their prairie lands ; and it remains to be seen if, when these fires are forbidden or prevented, the muskegs will not spread rapidly over the unoc- cupied land. I think there can hardly be a doubt that our best timber lands, and those that at ihis moment support the finest and most valuable growth of pine, have been com- pletely swept by fire, not once but many times in the history of this continent; and the fact that they vow liear such timber is a sufficii nt proof that lime is all that is really necessary in order to bring aViout the perfect I'estoi-ation of both soil and timber, however apparently destructive such fires may have been. It is when civilized men, able to cultivate the soil and utilize its timber and other product.s, have either entered into possession, or are likely to do so at no very distant day, that bush fires are really a serious public hiss or calamity. Not that I am insensible to the loss and sufferings that the poor natives may occasionally be subjected to by the destruction of the game and some fur-bearing animals over large areas of country ; but these more than recover their wonted numbers in a very short time, whereas the soil and timber (where good) may require not less than a centiiry or two to regain what they have lost.
While it is quite proper to take every precaution to protect, as far as possible, our timber reserves from destruction by fire, nothing is more certain than that such fires never can be entirely prevented in a wild and uncultivated region where the surface is composed largely of vegetable matter — peat, rotten wood, moss and rubbish — in such a state of dryness as to be sometimes almost as easily ignited as tinder. Setting aside all
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45 Victoria. Sessional Papers (No. 53). A. 1882
the purely accidental and preventable causes, a flash of lightning striking an old dead and dry tree may, and I have no doubt frequently does, occasion bush tires.
It appears to me that in view of the thousands of square miles of territory belonging to the Province, capable of growing the finest pine, but which has either been destroyed by fire or cut and removed by the lumberman, it would be desirable to know something of the natural laws in accordance with which, unaided even Vjy us, this wide domain will again be clothed with groves of pine as good, if not better, than those that have been destroyed or removed.
For although the time for planting young trees may not as yet have arrived, it may well be that in view of the rapid exhaustion of our timber limits, that the time has really come when it may be only prudent to nurse and protect the young pine trees wliich the hand of nature has plantetl, and which are springing up by thou.sands in many places. The lands of this description which are contiguous to leading lines of railway and navigable rivers are specially de.serving of this care and attention on the part of the Government, and would, I believe, handsomely repay all the e.xpeuse that might be required to do so.
OPENING UP AND SETTLE.MEXT OF TUE COUNTRV.
The settlement of this territory will be greatly influenced and determined for many years to come by the route wliich the Canadian Pacific Railway follows. When this is linally determined, I shall be prepared to recommend to the Government such a scheme as may, in my judgment, accomplish this most economically and efTdctually. In the mean- time, I have no hesitation in saying, that of all the projected line.s, that from Lake Nipis- sing, up the Sturgeon River, thence over the Height of Land to Matawagamingue, Flying Post, and New Brunswick, thence north of Long Lake and Nipigon Lake, and uniting with the Fort William branch near Walngoon Lake, is in my opinion the best. It would not only open to .settlement a de.sirable part of this territory at very little cost, comparatively speaking, to tlie Province, but it will pa.ss through a country that may be expected to con- tribute more in the way of local traffic than any other north of Lake Superior. The road can at the same time be much more easily constructed on this route than any other; and in addition to all this, I believe it to be the .shortest practicable line from east to west of any passing south of Lake Winnipeg. I iliink this route, too, will be the best not only for our Province, but for the Dominion at large. That the travel and tralKo of eastern Canada and Europe with the Saskatchewan and Peace River country, or even British Columbia itself, will always, or even for any gre^t length of time, pass to the south of Lake Winnipeg, I do not for a moment believe. The distance by a railway pulsing to the north of Winnipeg is so much shorter, that, unle.ss e.\pressly prohibited by Act of Parlia- ment, it will surely be made, even if it should be necessary to build it straight through the territory to the Saguenay River. By running the main trunk lino, however, of the Canada Pacitic Railway north of Lake Nipigon, a branch from thence to the north end of Lake Winnipeg would be almost a straight line from Lake Nipissing and that part of the Canadian Pacitic east of Lake Nipigon, and other eastern lines of railway connected tlierewith might be utilized for the transport of the united streams of traftic flowing both north and south of Like Winnipeg. If there is to be a branch railway to Sault Ste. Marie to connect with the United States system of railways, whether it be made by the Syndicate or by others, it is absolutely nece^ssary in the interests of the Dominion that the main trunk line north of Lake Superior, if built at all, should follow the shortest route, and that showing tlie best country and best grades, all which I believe the one I recom- mended can and will show. In my jvidgment, notwithstanding the difficulty of getting in supplies and materials in order to the construction, the railway can be built for little more than onc^half the money north of the Height of Land that would be necessary to make a line with equally goo<l grades along the north shore of Lake Suj>ehor.
Thus opened up, Ontario will have a l>ack country extending from her settlements on Lakes Huron and Superior, far over the Height of Land, and presenting a field in some respects as inviting to many of her sons as the more distant North-West. The soil may
14
45 Victoria. Sessional Papers (No. 53). A. 1882
not be nearly so ricl. or so easily reclaimed, but it possesses many important advanta..e, compensating .n some measure, if not entirely, for that one disadvaIZe *'^^^'^'^S^«'
Among these may be mentioned-(I) the advantage of being from tiv^e hundred to fifteen hundred miles nearer to leading markets, the difference in freights abneamounttto a heavy rent per acre on the more distant lands in the North-West • ^^wi,! . ^ r
advantage from the greater cheapness of iniplemeL^ dollfa^i^ n t t "^^^^^^^^^^^^
selves piociuce , (.i) the lower rates of wages when hired lielo is r.eprle,! • ll\ +i i
„,o.f*^'' M^-" f*^'^'' ^'"''^,' ^ ''^ persuaded that it is equally necessary to successful settle 1,== V.'^" '"Tf'^? f'' administration of justice in this territory, I have only to reoeat wl,.,t
Respectfully submitted.
E. B. BORRON, Siipendiari/ Mai/istrate, District of yipissing.
15
45 Victoria. Sessional Papers (No. 58). A.. 1882
APPENDIX
TO THE REPORT OF MR. E. B. BORRON, BEING A NARRATIVE OF EXPLORATIONS IN THE NORTHERLY AND WESTERLY PARTS OF THE PROVINCE OF ONTARIO.
In accordance with a previous understanding with the Provincial and Dominion Goviniiuients, I had engaged this summer to assist in taking the census in the territory north ol tho Height of Land.
It WHS nearly the end of May, however, before the Deputy-Minister of Agriculture was in a position to complete this arrangement, and to furnish me with the documents and inslriictioiis wldch the exceptional circumstances of the population of this territory reuderud noci^s.sary. I was able, however, to take a passage on the second steamer from tinn'.t Ste. Murie to Michipicoten River. The weather, as we approached Michi- picoten, unfortunately became so tliick and foggy that Capt. Morrison, of the Manitoba, could not land us nn the up trip ; but .said he would endeavour to do so, if possible, on his return. I bad the pleasure of meeting Professor Galbraith, of Toronto, on board the Manit iba. and was agreeably surprised to learn that he also was bound for Michipicoten, on a trip to the north.
Wo liiid tJie option of either remaining on board or of getting oflf at Prince Arthur's Landing', and there awaiting the return of the steamer from Duluth ; we chose the latter nlti;ruative.
With such long journeys before us, the delay was doubtless more or less annoying to botli Professor Galbraith and myself. This was, however, to some extent, com- peusated for in my case by the opportunity it afforded me of seeing the progress made at Thunder Bay since I was last there, some seven or eight years ago, auJ of meeting many old and kind friends.
In ihie time the Manitoba returned from Duluth, and taking Professor Galbraith, myself and J lin Driver, whom I had engaj^ed as voyageur and interpreter at Saiilt Ste. Maiie, on b')aiil, landed us safely at Miehipicten Ri\er, where wo were received by Mr. and Mrs. B -11 with their usual hospitality aud kindness. As little time as possible was lost in <il)tuining men and canoes — a most anxious aud troublesome matter at all times, especially where circumstances had not jiermitted us to give sufficient notice to the officer in chaise that such would be required.
I was anxious to have got at least three good voyageurs to accompany me throughout the whole round trip ; but after trying in vain to get such at Manitoulin Island, Sanlt Ste. Marie and Micbipicoton, I had ultimately to commence my journey with only onf so engaged, the other three consenting to go no further than Missiuaibi Post, on the Height of Land. The objection entertained by the older and more experi- enced voyageurs was being separated four or five months from their wives and families.
We li ft Michipicoten late in the evening of the 20th of June, my object being to go a few miles up the river and camp, so as to ensure a tolerably early start next morning.
16
45 Victoria. Sessional Papers (No. 53). A. 1882
noo,/" Tlf ''Tf^''"''^'^ accoi-clingly at 5 a.m., and reached the Long Portage about uoou. This portage is not only a long but a severe one, and my voyageurs spent the
^ShefoTa ""' ^''"^' '"'" "^"' ""-"'"^ '^ S^^""° '^^ ---> bagg'age and
.^. ~f"''-~\'^7*^„^'^^f-P*»'*' eight o'clock this morning before we were a^ram readv to
sTw' Vr.'v ^" '^Y'^'^Sth and rapuUty of the cunent rendered our progress ver^
. slow. My voyageurs, too seemed tu-ed with yesterday's portaging, and when ^e came to
camp zn the evenmg. we had done, on the whole, what I thought .rratheipoo" Jay s work
a m ^'lf;-f^^"°^f'l our journey at 5.45 a.m., and arrived at " Cat Portage " about 11 am. It took nearly an hour to get over this portage, and it was two hours later or
Zil lC;tt:V\:Tff^''''''VT-'''- ^^^^ "^ ^'"PP^'i ^« ^^--r, and starting agam about 3pm., reached Pigeon Portage at 5 p.m. Crossing over this we resumed our journey a 6 p.m.. and an hour thereafter camped at the lower end of Man towS Lake It will be remembered that, last year on my arrival at Michipico en some twenty days earher than this year, the water was so high and the current so stiS in the Michipu^otea River that we could not ascend it, but had to take a route by Wahwun' Lake, which mvolved the makmg of no less than eleven portages, the first of which wat upwards ot six mdes in length. That route led us into this Manitowik Lake a liTtle above where we are now camped, and it was to avoid that part of thT river whLh we have been ascending the last three days, that it was necessary at that timlto foUow the other rou e. Judging from the difficulty we have encountered in gettin^^upi seems to To'^^XtVllX^ol''''"^^ '"''' '-'-^ -^ ''-'' ^-^ ' -^ com^^elleTaTaL"
end f,fl\rTl ''^k"* f n^ "'"^"f '^'' morning, and reached Stony Portage, at the upper end of the lake, about 9 one hour of this time having been spent ov;rbreaE In these three hours we did not, I think-our canoe being deeply laden-make rnot than about ten miles, and this will, roughly speaking, be about the^ nS orthe kke The scenery from Michipicoten Post to Lake Manitowik inclusive, is amon° the finesi J have seen on the north shore of Lake Superior. There are two portages here on .S ferent sides of the river, and with little more than the width of the river between the ^ LittW St 'l^^-^'^d lower end of the other. The one is called '<bS and the'otfer Little Stony Portage. Having crossed the Little Stony Portage we soon entered
eSfty.'"^ " ''°' '^''''' '"' '=^"1"'^ '^'^^ *^-« - ^°- '-•I- from Its eaS
25f/i.— Starting again at 5 o'clock next morning, we reached the Hei-ht of T n.ul Portage between Dog Lake and Crooked Lake, m about an hour and h another had crossed the portage and embarked on Crooked Lake, the waters of whtch fll u a 'S" ito Zif w " V ^^.^^-.-"'libi branch of the Moose River mto James Bay Ibo;;
iiie a? b^;aI4sr rl ^ "m" '^ • ^'I'^T' "^^^^"^ ^P^'^* °'^° ^°"^ °f the iutorvtnL. tune at. breaklast. Grossing Missmaibi Portage, we got under wav atrsin at 19 jT 3
arrived at Missinaibi Post at 7 p.m. Here weVere Inn'u; we comldg Mr klkp^^^^^^^^^^ he officer m charge, and here also we overtook oiu- friend ProfeLo^SlbS wl had left us on the Long Portage, and arrived some three or foif hours before us' So d' nT iT r "7'"° ,*^c' '^^Sular canoe route, which has already been descHbed bv Dr. Bell, of the Geological Survey, and others, and partly by myself It is not necesSrv therefore to repeat, further than to say that the' disLce, U<^hlv esSZlfrom oJ pXs ^ijht '° ''''''''^' ^°^' -^^ '^' ' ^^-^^- ^^-^ 90 -les^ atdThellr
86th. — Sunday.
2 17
45 Victoria. Sessional Papers (No. 53). A. 1882
had been a guide iu the Hudson's Bay Company's employ, was well acquainted with the route I proijosed following as far as Moose Factory, and who was also willing to accompany me as a voyageur the remaining portion of my journey. Two others, one an Indian called Simon, and tlie other a man of mixed blood, named Donald McKay, were also en),'aged to go with me as far as Flying Post. On enquiry, I had found that the route to Flying Post and thence to Matawagamnigue was of such a character as to admit only of tlie passage of small canoes. I was obliged, therefore, to leave the large canoe I had brought from Michipicoten and obtain two smaller ones.
FROM MISSINAJM TO FLYING POST.
ii9th. — Having completed my arrangements, I started at 6 o'clock this morning. Professor Galbraith had left the day before for Moose Factory, kindly taking with him letters and instructions it was necessary to send iu regard to the taking of the census there and at Abittibi, and relieving me also of several parcels for friends at Moose Factory. The route 1 had laid out for myself was as follows : — From Michipicoten to Missinaibi, from thence to Flj-iiig Post, thenco to Matawagaioinguc, thence to Moose Factory, thence to Albany Factory, thence to Martin's Falls on the Albany Itiver, thence to Osnaburgli House, thence to Nipigou House on Lake Nipigon, thence to Long Lake House on Long Lake, thence to Pic on Lake Superior. As this programme would require something like sixteen hundred miles voyaging by canoes, it seemed to me about as much as I could accomplish iu the season.
In about an hour after we left Missiuaibi Post, we arrived at the first portage ou the Missiuaibi River. Crossing this took three quarters of an hour, and from thence to Panapataua Zebe, or the brook leading to Flying Post, about an hour aud a half more. The distance from the Hudson's Bay Company's Post to this point is probably about ten miles, and passes through a low marshy country calleil " The Swampy Ground," which was described iu last year's Report. The route to Flying Post uow strikes off eastward up ihe brook just referred to, and in about a quarter of an hour, or say three- quarters of a mile, we arrived at the second portage, which is half a mile in length. The interval between this and the third portage was not more than another half mile, inclu- sive of the portage its>elf, which is aliout one hundred yards in length. Continuing our course up this brook, we had only gone a mile and a quarter further when it was neces- sary to make another portage one aud a half miles in length. This, the fourth portage made to-day, cousumed nearly three hours before everything was over, and we were prepared to start again. The land, so far, appears to be low and swampy ; the first half of this portage, indeed, is over a peat bog upward of four feet in depth. Ou the surface. Sphagnum moss, with a poor and stunted growth of tamarac and spruce, is all that can be seen growing. The peat here, as I have found almost invariably the case elsewhere, reposes on clay. This portage ended at a small brook called Cowan-au-za-ga- cama Zebe, which, I am told, comes from a lake of the same name. The width of this stream was from five to ten yards only. The water was clear, and the depth only just sufficient to float our canoes. In a mile and a half or two miles we arrived at the fifth portage. This was three-quarters of a mile in length, aud terminated at a small lake about half a mile iu diameter. Got across this about C p.m., and again started up the stream, which opened out liere and.there into marshy ponds or small lake-like expansioDH. I noticed in some of these ponds a curious deposit which rirtardod the progress of the canoe, and which, upon inspection, proved to be composed largely of the cases of iusects. In about half an hour, during which we did not make more than three-quarters of a mile, another, the sixth, ]iortape was reached, where we camped for the night. The course or bearuig has generally ranged from S. E. to S. S. E., sinco leaving the .Missiuaibi River — previous to which it was easterly. The distance made to-day is not more than eighteen miles, the numerous portages, and the smallness of the streams aud lakes, rendering our progress very laborious aud slow.
30th. — The sixth portage, at tlie beginning of which we had caini)ed, was half a mile in length, and terminated at a small lake about a quarter of a mile across. Thea
18
45 Victoria. Sessional Papers (No. 53). A. 1882
came the seventh portage, a grassy marsh, over which the partly loaded canoe had to be hauled for a hundred yards or more, we ourselves wading. This was followed by a pond or lake, which brought us to the eighth portage. This portage passes over a dry and moderately high ridge, on which the soil, a sandy loam, was, judging from the size and healthy appearance of the timber, quite fit for cultivation. The timber consisted chietly of white birch, aspen spruce, balsam and mountain ash, with alder and willows on the lower groimd. The portage is only about one-third of a mile at most in length, and terminates at a lake called Gull Lake, seemingly about a mile in length, but it may be longer. So far, our bearing or course has to-day been about east, but after we crossed Gull Lake and entered the small river which flows into it, the bearing varied from east to south-east. The rock exposed here is syenite, and what I took to be a small patch of quartzite was seen. As we ascended this stream, it expanded into marshes and occasionally small ponds or lakes, in which were growing great quantities of a species of broad-leafed flag, bearing a yellow flower. My guide informed me that both the beaver and musk-rat eat the root of this plant. The root is quite large, in some instances several pounds in weight, and must be nutritious ; possibly as much so as the poorer varieties of turnip. He mentioned also that the roots or lower portions of the blue water-lily, and also of the rush, are eaten by the Indians when very hungry. About two and a half or three miles from the last (eighth) portage, we came to a place where the stream we followed was obstructed partly by drift-wood and partly by a rapid full of boulders, and here it was necessary to make another portage, the ninth since we left the post at Missinaibi. This portage was three-quarters of a mile in length ; still ascending, the river opened out into a narrow lake. The bearing of our route for the last mile and three-quarters was about east-south-east. Above tha last portage the bearing of our route was southerly, and in an hour's paddling, during which we passed through several small lakes and ponds, united by short stretches of river, we came to the tenth portage. The distance between the two last portages is little more than two miles. The soil on this stretch is light and sandy, and the timber has been destroyed by fire. The rock is syenitic granite.
We now left this little stream and its chain of diminutive lakes, and crossing a ridge nearly 100 feet in height came, in a quarter of a mile or so, to a small round lake, barely a quarter of a mile in diameter. Crossing this we arrived at the eleventh portage over another ridge some fifty feet in height, about half a mile in length, and terminating at another lake about the same size as the last. Course the last mile and a quarter, south-east. This brought us to the twelfth portage, across which a recent fire had passed, leaving it in a bad state. It is about half a mile in length, and the bearing about east. What betwixt the time occupied in getting dinner, and chopping and clearing away the fallen timber from the portage, it was nearly four o'clock before we got over. The soil here is still sandy. Our next stretch was through a good-sized lake, I should say fully two miles in length, and some four hundred or more yards in width. This lake is called Kuk-a-nang-we, and the line of the C. F. R. is said to pass a little to the northward of it. In about a mile, following a north-easterly course, we entered the river by which the water of the lake makes its exit. It is called the Ka- koog-a-nang-we. The width here is about twenty yards, and it flows eastward, my guide says, into the Mattagami or South Branch of Moose River. We have now, there- fore, passed over " the divide " between the waters which flow iuto the Missinaibi or North Branch, and those which flow into the Mattagami or South Branch of Moose River. In a mile or so we came to where another portage was necessary. This, the thirteenth portage, is not less than one and a half miles in length, and we were unable to get all our things over before it was time to camp. We have had no fewer than eight portages to make to-day, in a distance of not more than twelve miles.
Jul)/ 1st. — Called up my men at 4 a.m., and by 5.30 we had got the remainder of our stuff over the portage, and were again on our way down the Kuk-oog-a-nang-we River. The quantity of water and size of the stream, as now seen, was much less than I had expected. It flowed in a southerly direction through a wide marsh, bordered with tamarac swamps, and its course was so serpentine and curves so sharp, and it was,
19
45 Victoria. Sessional Papers (No. 53). A. 1882
moreover, so narrow and obstructed with alder and willow bushes, that at 7.30 (^when we came to a place so bad that a portage had to be made) we had certaiulj' not advanced more than t.vo or at most three miles hi a straight line. This, the fourteenth portage, was about a third of a mile iu length, and after we had taken breakfast we again resumed our journey at 9 a.m. Still pursuing a southerly com'se, another mile and a half brought us to where our stream united with a larger one from the west, called Chic- kas-wa or Green-wood Eiver. The united streams were now from twenty to thirty yards in width, and our course — which had hitherto been south — now (at 9.50 a.m.) turns to the east. About 11 a.m. the land rises a little, and the soil, a saudy loam, becomes deeper and drier. The trees, too, are larger and healthier. Here and there we pass large cedars on the banks ; and iu the forest, spruce, balsam, tamarac, pitch piue, aspeu, poplar, alder and willow, according to the dryness, wetness, saudiness or rockiness of the surface on which they are found. Some of the willows, a narrow-leafed variety, attain a height of twenty-five or thirty feet. About 12 o'clock the banks of the river be- came lower, and the timber consisted almost entirely of spruce, tamarac and cedar. At 12.10 p.m. we arrived at the point where the river enters " Wart Lake." This point is about seven miles from the junction of the Kuk-oog-a-nang-we and Chic-kas-wa Rivers. The lake into which we now pass is not less, i should say, than ten miles in length by from three to four miles in width. This, however, is merely a guess, for the natives have no accurate conception of what a mile or any other distance is — unless it be "a day's journey" — and it varies so much according to circumstances that it forms a very vague and unreliable basis on which to found any calculations. It is said to abound with fish, and, among others, that best and most valuable of all our fresh water fishes, the whitefish, the size of which is said to be as much as four or five pounds. In some places on the south side, growing on sandy knolls, I noticed a few red pine of fair size. The rock, where exposed, appears to be gneiss. About four miles in a north-easterly direction brought us to the outlet of this lake, which is a river flowing north. Proceed' ing down this we first of all came to a stony rapid which we succeeded in running ; but a little way down, and not more than a mile from the lake, we came to a heavy fall of some thirty-five feet, around which we were obliged, of course, to make a portage. This is the fiiteenth portage. It is only a short one, and in forty-five minutes, or at 8.05 p.m., we had got everything over, and started again. In 10 minutes, paddling (say half a mile) on a north-east course, we came to a rapid, when, iu the present stage of the water, another portage, the sixteenth, had to be made. This was only a demi-charge ; that is, a part only of our things had to lie carried over the portage ; the canoes thus lightened with the smaller articles being noi t/oicn the rapids. At 3.30 we wore again under way, and at 4.25 ji.m. came to where there was a rapid, and another (the seven- teenth) portage became necessary. The stretch between these portages was very crooked, but will average about E. N. E., the distance being about two miles. This portage is about a third of a mile in length. The oonstaat portaging and the heat of the weather was beginning to tell on my men, two of whom weri far from young, and they appeared tired, weak and slow. It was G o'clock in the evening before we were over this portage. Immediately below the rapid at this place we joiued a fine stream coming from the south. It is upwards of fifty yards iu width, moderately deep, and a considerable cur- rent. Our course now changed to N. N. E., and so continued for two miles, when we camped for the night. The land is somewhat low on both sides of this rivur, and is probably more or less flooded for a short period in the spring, but would grow fine grass for pasture or for hay. I think the vegetation, making allowance for difforeucc of time, is further advanced here than on Michipicoten River. Rock still gneiss. Our day's work was about twenty miles, inclusive of four portages.
July 2nd. — Started at 5.10 a.m., and at 0 a.m. came to a rapid where it was neces- sary to make our eighteenth portage (demi-charge). At G.25 wo again started, and at 7.25 entered a large lake called Kap-pa-kus-ka or Kai-bus-ka. Tlic distance from oar last camp to this lake is about four miles, and the course N. N. E. In this lower stretch of the river the banks, or rather the ridges, rise to a height iu some parts of fifty feet, afld show a tolerably good soU, which appears to be a sandy loam in the higher
20
45 Victoria. Sessional Papers (No. 53). A. 1882
grountls, tending to a clay loam in the lower portions of tbe banks and flats. The timber is healthy and of medium size. It consists principally of spruce, balsam, white birch, and a much greater quantity of aspen than I have before met with on this trip. Cedar is also more common and of larger size. Leaving the river we crossed over the lake in a uorth-easterly direction, and went ashore to get breakfast on a cedar point which projects somewhat out into the lake. The length of this " traverse " was about two miles. It seems to have been a camping ground of the men engaged taking in supplies for the sur- veying parties, when running exploratory lines for the Canadian Pacific Railway. A fine cedar, one of a number growing here, was blazed and marked " John Rice, No. 13." One of the C. P. R. lines (said to be that of Mr. Gamsby) passes immediately north of this lake. The full dimensions of this tine lake cannot be taken in by the eye, and time would not permit me to go round it. I think, however, it is not less than twelve miles in length, by from one to three miles iu width. The highest hill seen from this point is to the westward, and called (my guide Saunders tells me) Mount Horden, after the Bishop of Moosonee, who passed this way some years ago on his way to Matawagamiugue, where he has established a mission — so let it remain to commemorate the industry, zeal and labours of the worthy Bishop. The lake abounds, it is said, with whitefish, suckers, pike, perch and catfish, sometimes called losh, or marais, and is frequented by great numbers of wild fowl in the spring and fall.
I have hardly ever seen finer " hay marshes " on any inland lake of its size. I foimd here, greatly to my surprise, several pieces of limestone with fossils similar to, if not identically the same as, those found in the Devonian limestone in the vicinity of James' Bay. As this lake is, I think, almost a thousand feet above the level of James' Bay or the sea, the existence of these pieces of fossiliferous limestone at this elevation was exceedingly interesting to me, and affords groimd for curious speculations as to their origin.
At a quarter past nine we once more launched our canoes and started. Forty minutes' sharp paddling in a direction somewhat west of north sufficed to bring us to the outlet of the lake — a river of the same name, and from three to four chains in width. In this time we made barely, I think, two miles, the wind being against us. We had only gone about quarter of a mile further when we came to the point where the C. P. R. line crosses the river. I should say that the country is favourable to obtaining a good line. Black ash is found growing in considerable numbers here. The bearing of the first stretch down this river is N. N. E., and such continues probably to be about its course until it unites with the Mattagami River a short distance below " Fire-steel Rapids," upwards of one hundred miles, I should say, from Lake Kap-pa-kus-ka. In about a mile, how- ever, we leave the river, turning sharp off to the right up a large tributary. Our first course up this stream was nearly due south, and the general bearing of our route for the nest three miles was about S. S. E. This river is from three to four chains wide, and is also crossed by the C. P. R. line at this point. We continued to ascend this river on the same course about two miles further, when we came to the junction of a small brook on the east side, up which our route lay. The land on both sides the river we have just left is low and marshy — clothed in many places, however, with a luxuriant growth of grass. A reef of rock was seen on the east side about a mile below this, which, on ex- amination, proved to be gneiss. For some time ridges upwards of two hundred feet apparently in height had been visible to the south, and now we have approached pretty closely to one of these. Our course up the small brook just mentioned was E. N. E. for about a mile, and terminated at the nineteenth portage. This iiortage is fully half a mile in length, and passing over a high ridge, ends at a small lake very considerably higher than where we left the brook, which, my guide says, comes from this lake. Passing through the lake (which is about three-quarters of a mile long), and ascending a sluggish stream about a quarter of a mile on a S. E. course, we arrived at the twentieth portage. It took us a little more than half an hour to cross this portage, which was a quarter of a mile in length, and brought us again to the same brook, up which we con- tinued to ascend on a southeasterly course, through a tamarac swamp, for another three- quarters of a mile, at the end of which we emerged into a small lake. From tliis point
21
45 Victoria. Sessional Papers (No. 53). A. 1882
our course was eastward through the lake just mentioned for half a mile, when we came to the twenty-first portage — two stages, or say about a mile in length. It passed over a recently burnt ridge, and terminated at the same miserable brook which, with interme- diate lakes, we had been following all afternoon. It took my men, who were prettj' well tired, two hours to get everything over this portage. Starting again, the river opened almost immediately into a lake called Jack-fish Lake, about four miles long apparently, and surrounded for the most part by rocky ridges from fifty to a hundred feet in height, and containing several islands. Our course through this lake was easterly, and at the end of two miles we came to the commeucemeut of the next, or twenty-second portage, and there camped for the night. The distance accomplished to-day was about twenty-one miles, in the course of which we had to make four portages.
From the commencement of the nineteenth portage to this the beginning of the twenty- second portage, we have passed through a broken and hilly section of the coun- try. We have moreover been ascending more or less at every portage until the elevation must be nearly, if not quite, equal I think to that of the Height of Land on the Michi- picoten route. The ridges are not destitute of soil, but it is poor and sandy, or gravelly, and recent fires have destroyed most of the timber, and, where dry, the vegetable soil or mould also. The inters'als between the ridges of Laurentian rock are often occupied by lakes or tamarac swamps, and eccasioually muskegs or ])eat bogs. Still, even this section has its value, and as the struggle for existence proceeds, will be reclaimed long before population on this continent is as dense as it is already in Europe. The higher and drier ridges will in the future afford good summer pasture for flocks of sheep and herds of cattle ; quite as good, in my opinion, as the average sheep-farms in the High- lands of Scotland. Many of the tamarac swamps will be converted into fine meadows or good arable laud, on which oats, barley, potatoes, turnips and carrots, etc., may be grown ; and lastly, the splendid marshes on Kappakuska and other lakes will insure an abundant supply of hay for winter fodder.
July Srd. — Called up the men at 5 a.m., and after a hurried cup of tea and bit of biscuit, started them to get our things over the portage. This twenty-second portage is a mile and a quarter in length, and was taken or divided into three stages. The course is south easterly, and the C. P. R. line passes near the south-east end of the portage. Having stopped to get breakfast, it was 10.15 a.m. before we again started. Following a small stream for quarter of a mile on an easterly course, we then came to a lake half a mile in diameter, tlirough whicli we passed in a S. S. E. direction to a creek, which following, brought us in a few yards to the twenty-third portage. This portage is one- third of a mile in length, and terminates at a small pond, not more than two hundred yards across. Here we came to the twenty-fourth portage, another mile and a quarter ui length.
It was nearly 5 p.m. before the last of the things were brought over, and my voyageurs were evidently distressed. They had made three portages since morning, the length of which were 1 J miles, Jrd of a mile and IJ miles — in all 2j miles. On these portages they had to make four trips, inclusive of the canoes, requiring them to traverse the portages seven times, or in all nearly twenty miles. Four-sevenths of this distance they were heavily laden, and three-sevenths without load. When, in addition to this, wo take into consideration that this was one of the very liottest days of the season, when the thermometer was probably nearly 90 degrees Fah. in the shade, it is not surprising that the poor fellows did exhibit some symptoms of exhaustion. The last portage terminated at a lake called She-wau-go. On this lake we once mori- embarked, but had not gone above lialf a mile when seeing an unusually nice campin;;- ground on a small island, I told the men we would camp here, very much to then delight. The distance made to-day is only four miles and a quarter, and the gener.il course has been easterly. The character of the country is much the same as that me; with yesterday afternoon. Fires have passed over this section not very long ago, and no old or large timber is left standing, but the rock even on the ridges is well covered with soil, and a healthy young growth is again springing up. As soon as they hod made
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45 Victoria. Sessional Papers (No. 53). A. 1882
things snug in camp, my guide Saunders and Simon took a trolling line and a canoe, and in about an hour brought in three pike, the largest of which weighed twelve pounds, and was thirty inches in leugth.
Juhj 4th. — Started at 4.30 a.m., and although the lake is several miles in length, with long arms, its general width is little over quarter of a mile. In about a mile from our campiug-place We came to the outlet of the lake, a stream also called Shewango, and here also commences the twenty-fifth portage. This portage is uearly a mile in length, and pass js over what (judging from the remains of the burnt forest) has been a mixed tamarac and cedar swamp. From what is seen along the banks of the brook and on the portage, the whole of this flat would appear to be covered with what many would call " boulders," — masses of rock of all sizes, from one hundred pounds to twenty tons in weight. The little stream cannot have had much, if anything, to do with the quarrying or with the transportation of such rocks. Nor are the ridges above sufficiently high and precipitous to account for their presence. On the other hand, the angular shape of these stones is inconsistent with the notion that they have been transported any great distance either by water or ice ; and further than that, the composition or mineral character of by far the greater number of these is the same as that of the rocks seen in situ close by. The active agencies in this case have been, I think, frost in the first pliiee, and afterwards the trees of the forest. On some flat^lying areas of, particular kinds or bauds of gneiss, and even of syenite. When covered to the depth of a few inches only with water, or when kept moist and wet with a not too thick covering of moss, the action of the frost in winter is very powerful. Every quarryman knows that these and other rocks are frequently full of joints, more particularly at or near the surface. Owing to the con- traction which takes place as the temperature of the rock at or near the surface becomes lower, it is more than probable, I think, that these joints become more or less open as the winter approaches. As this goes on, every crack, crevice or joint is filled with water. The temperature having at length fallen sufficiently low, the water thus infil- trated into the joints and crevices of course freezes, and expanding as it must, when it passes from the fluid to the solid state, the rock is compelled to give or yield in some direction or other. When this is repeated year after year for centuries, the whole surface of the rock, down as deep as the frost penetrates, becomes loosened and split up by horizontal as well as vertical cracks and fissures. As the surface becomes drier and admits of their growth, trees spring up, and their roots penetrate down into everj' crevice. Sometimes these roots, I have little doubt, exert great force in their attempts to expand or grow, and thus assist in dislodging many masses of rock. But the more common way in which the roots act is simply, I think, by grasping hold of the already loosened masses of rock, the grip becoming stronger and surer as the tree approaches maturity. As the tree is swayed to and fro by the wind, the masses of rock are still farther loosened from their beds, until at last, when the final catastrophe comes, and the giants of the forest succumb and are overthrown by the storm, the force of the wind, acting on what is really a most powerful lever, completes the work of displacement. It is only some such agencies as these acting over very long periods of time that can account at all satisfactorily to my mind for the immense numbers of these angular blocks of stone, manifestly not boulders, seen here and in other places on my route.
It was a quarter to seven o'clock before we got over this portage, and were ready to embark. Our course so far has ranged from east to south-east. In three-quarters of an hour, during which we did not advance more than one and a half miles, we came to the twenty-sixth portage, about lialf a mile in leugth, and having breakfast on this port- iige, it was 9.15 a.m. before we again got under way, our route lying still down the Shewango River. Course south-east, and country very flat on both sides. In about three-quarters of a mile we passed a point at which the C. P. R. line is said to be quite near. In another three-quarters we came to the twenty-seventh portage. This also was uearly half a mile in length, and it was 11 a.m. before wo started again, and then it wan only to go a few hundred yards, and meet with another, the twenty-eighth port- age. This was hardly a quarter of a mile long, so we passed over it, and wore ready to Ptftrt again about noon. Our progress, howeyer, was very slow, in consequence of
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45 Victoria. Sessional Papers (No. 53). A. 1882
the sliallowness of the stream and the number of large stones. In a mile or so we emerged into a beaver meadow, and our little stream was so impeded in two places with their dams, that we had partly to unload our larger canoe. After passing this marsh or meadow, we came to green (unburnt) woods, composed of spruce and tamaiac, and at one place a reef of gneiss rock. About 1.30 p.m., having made little more than H miles since noon, we came to the twenty-uinth portage, about a mile and a half in length. Including the time necessary for dinner, it was 5.-15 before we got over this portage, which terminated at a small pond or lake, say about half a mile in diameter. Crossing this we came to the thirtieth portage, and there camped. The distance made to-day I estimated roughly at ten miles ; tlie general bearing or course about south- east. The black-flies, mosquitoes, and deer-flies were very numerous and vicious.
July 5th. — The thirtieth portage tm-ned out to be three-quarters of a mile in length. It passed for the most part over a dry saufly ridge or table laud, covered with a twelve or fifteen years' growth of nice healthy pine. The walking was good. The portage terminated at a lake about half u mile in diameter, which crossing, we came to another portage, the thirty-first, three-quarters of a mile in length, and ending in a dead marshy creek, on which we embarked at 8 a.m. In a few minutes this brought us out into the river Shewaugo, down which we voyaged the greater part of yesterday. It is now fifteen to twenty yards in width. The last portage, line that which preceded it, was for the most part along a sandy ridge ; but about three hundred yards from this end (east) it dropped suddenly down and passed over a muskeg or peat bog. Many of the shallower lakes are being gradually but surely encroached upon by the irrepressible Sphagnum moss, and becoming peat bogs. Paddling down the Shewaugo for half a mile, we entered a much larger river called the Shi-ke-na-ke-da, a tributary of the Flying Post or Ground-hog Rivei. This river comes from the south-west, and flows towards the north-east autl east. The banks are low, and the timber chiefly tamarac, spruce, pitch pine, with some asjien, white birch, alders and willows. Small black ash are also occasionally seen. The higher grounds are evidently sandy, from the prevalence of pitch pine.
About a mile below the junction we arrived at the thirty-second portage. Our average course has been about east-north-east. This portage was on the south side of the river, and about half a mile in length. It was passed in about an hour and fifteen minutes, and we again embarked below the rapids. The soil on the portage is sandy, but the vegetable mould had accumulated to some little depth since the last fire that passed over it, and the timber was healthy and of moderate size. White birch trees were to be seen fifteen inches, aspen eighteen inches, tamarac sixteen inches, and cedar twenty inches in diameter. Proceeding on down the river on an east-north-easterly course for two and a half miles, we came to where a young man named Whaleu, with several Indians from Michipicoteu, was camped. They were employed bringing up pro- visions, etc., for a C. P. K. surveying party, of which Mr. Poulin is in charge. I had some letters for Mr. Poulin, which 1 left with Whaleu, he himself being at work on the line. After chatting for a while, we continued on our journey, and in another mile and a half or two miles came to n rapid where it was necessary to portage most of our things. This thirty-third portage is quite short, and here the C. P. R. line crosses the river. Em- barking again at the lower end, we proceeded about half a mile only down the river, and then went ashore for dinner. Judging from the size of the timber here, the soil must be tolerably good. One mile and a half from this place we came to the thirty- fourth portage, where there were cedar, spruce and tamarac, from five to six feet in circumference ; length of jiortage say about quarter of a mile. In the next two miles the laud is mostly low, but would make fine meadows. At the end of this stretch we came to the junction of this the Sliike-na ka-da River, with another stream nearly the same size, called the Pes-kan-koma. Up this latter stream we now take our way in a south-easterly direction, turning by degrees to S. 8. E. and S. S. W. The C. P. R. crosses this river about two miles and a half above the junction. The land is rather low hero, but level, and seemingly possessed of a good alluvial soil. In a short distance our course again turned to the south-east, and in about a mile and a quarter we entered
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45 Victoria. Sessional Papers (No. 53). A. 1882
a lake called Moo-na-ka-wa-ga-slie. Continuing our course for another stretch of a mile and a quarter, we came to the thirty-fifth portage, at the south side of the lake, and here we camped. The distauce made to-day was about seventeen and a half miles, as nearly as I can guess.
Jiili/ 6th. — It is a week this morning since we left Missinaibi Post. It has been a week of unremitthig toil and suffering, occasioned by the smalluess and shallowness of the little streams and creeks, the constant recurrence of long and severe jiortages, the intensity of the heat, and the unceasing attacks of myriads of flies. Worst of all, two of my voyageurs were so footsore that it was with the greatest pain and difliculty that they carried then- packs over the i)ortages, and I feared they would break down altogether. No one should attempt to travel over this route with much, if any, baggage, or with more provisions than will suffice to carry him from one Hudson's Bay Company's Post to another, and then only when he is assiu'ed that he can obtain such supplies as he may absolutely require at these posts. The supply of fiour and pork at most of the inland posts is such that no de2)endence can be placed on getting these the most indis- pensable of all a voyageur's supplies.
The portage (thirty-fifth) is half a mile in length to a small pond which it is necessary to cross in canoes. It runs about south. On the south side of this pond the thirty sixth portage commences, and terminates in another half mile at the Peskaukoma, which con- tinues its upward course from and above Lake Moouakawagashe. On these portages grow some of the finest pine I have met with north of the Height of Land, and it is the only place where I have as yet seen white pine. Some of the white pine were eight feet in circumference ; red pine, six to seven feet ; white spruce, six feet ; tamarac, four feet ; white birch, five feet in circumference. The existence of healthy trees of this size (and those seen here are remarkably healthy) leaves no doubt whatever as to the fact that both the soil and the climate of a large extent of territory north of the Height of Land are such as will bring to maturity some of our most valuable forest trees, and that the reason why such trees occupy only a very small portion of this ten-itory must be sought for in other causes than in the unsuitability of either the soil or the climate. It was 8 a.m. before we got all our things over these portages and again embarked. Our first course up the river was south, and at 8.30 a.m. we arrived at the foot of a rapid, where it was necessary to unload a part of our baggage and stores before the canoes, with the remainder, could be floated up. The stuff thus taken off was packed across the portage, this being the thirty-seventh. Here breakfast was taken, and we were again ready to start at 9.45. In about three-quarters of a mile we came to where a tributary joined the river on the east side, and up this our route lay. The river just left is about forty yards in width. That which we now follow towards the east is not more than twenty yards wide. Passing through marshes and low-lying land, we arrived in three miles at the thirty-eighth portage. This portage is three-quarters of a mile in length, and it occupied us nearly two hours to get everything across. Starting again, a mile and a half (still on an easterly course) brought us to the thirty-ninth port- age, which is about half a mile in length. While on this portage, we were overtaken by the Kev. John Saunders, Church of England missionary at Matawagamingne, and brother of my guide. Mr. Saunders had left Missinaibi after us, and had accomplished in three days and a half what had taken us seven days and a half — an illustration of the great advantage of travelling light when many portages have to be made. We left the upper end of this portage about a quarter past three o'clock, and passing through low land, with tamarac on both sides of the river for two miles, entered a lake called Muskego- kabekau, crossing which, in another mile we came to the fortieth portage, on the east side of the lake. This portage is four stages, or say about two miles in length ; and for almost the whole distance passes over muskeg or peat bogs. Our camp was pitched at the commencement of this portage ; but the canoes and the greater part of our stores and baggage were carried across. When they returned to camp, two of my men were so footsore that they were hardly able to walk. The distance made to-day was, I con- bider, not more than twelve miles.
July 7th. — When crossing the portage, which was over a muskeg for the greater
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45 Victoria. Sessional Papers (No. 53). A.. 1882'
part of the whole two miles, I endeavoured with a pole to ascertain the depth of the peat, but was unable to reach the bottom, although it was thrust down to the depth of six feet. Notwithstanding that we had started at four o'clock in the morning, it was a quarter to seven before we were fairly across and ready to start again. The portage was very soft and wet in some places. On these muskegs or peat mosses I frequently met with a variety of pitcher-plant — very admirably adapted for catching and retaining the water which falls in the form of rain, or even dew — and they generally contained from a teaspoon to a tablespoonful of seemingly pure and transparent water. It struck me as rather strange, however, that a plant growing as this does on wet bogs, where it could obtain all the moisture it needed by means of its roots, should possess an Organization such as appeared at first sight to specially fit it for growth on dry sandy deserts or plains. A more cari-ful examination of the water contained in the "pitchers"" leads me to think that this is probably a singular and beautiful contrivance by which the plant is supplied with organic matter, or food, more or less necessary to its existence. I noticed that the water in these little cups or pitchers almost always contained animal- culsB, and was sometimes full of them. Mosquitoes or other smaller insects had been tempted to deposit their eggs in these pretty and convenient little reservoirs, where, so long as the water lasted, the young insects seemed to grow and thrive. But ultimately, and before they are so far developed as to be able to leave the watery element, many of them, I am persuaded, fall a prey to the plant which has afforded them a home and' shelter, so to speak. How this happens I have not been able yet to find out ; but it probably occurs in one of two ways : either the water is absorbed by the plant, or it evaporates during a more prolonged period than usual of dry, warm weather. In either case, all the contained animalcuhc, not sufficiently developed, necessarily die, and their bodies supply the plant with the organic food or matter wliicli is in ail likelihood indis- pensable to its growth and continued existence. On the other hand, it is probable that vast numbers of these insects pass safely through all the metamorphoses or stages of their growth, and arriving at full maturity, leave their crystal bath to pass a short but doubt- less enjoyable existence in the pure air and bright sunshine, the water supply having- held out sufficiently long.
Leaving this portage, we pursued a north -north -easterly course on a lake called Wapaseecosnapeka, about a quarter of a mile in width, but deep, and apparently several miles in length. The shores were rocky, and some red and white pine were seen ; but the principal trees were spruce, pitch pine, and tamarac. After proceeding some threc- miles on this course, it changed to north-east, and in a narrow channel through which we passed I saw what appeared to be mica-slate. It may possibly be Huronian slate, as I was anxious to push on, and did not go ashore to examine it ; but it is more likely that it belonged to the Laurentian formation, of which the rocks met with since we left Missinaibi, with one doubtful exception, form a part In another mile we leave this lake and ascend a river which empties into it In a mile or so farther, the bearing of wliicb was about south-east, we came to another lake called Poo-na-me-wa-ka-da, apparently several miles long, but on which we had only gone about half a mile when we came to the river again, and this in another half mile once more opened out into a small lake. The C. P. K. line crosses the river here. We continued on a north-easterly course through tlii.s lake, which is called, as nearly as I could catch the sounds. Wa-pe-shee- shibsa-ka-te kan, and again came to the river in three-quarters of a mile, and almost immediately thereafter to the forty-first portage. This was not more than quarter of a mile in length ; and after crossing it and going another two hundred yards on a south- erly course, we entered another lake named Pa-ke-]ia-ke-ko qua, about a mile in width and two miles or more in length. Passing across this in an east-north-easterly direction, we arrived at another, tlie forty-second port«ge, which is quite short (two hundred yards), and terminates at a very small creek, along which we passed for another two hundred yards through a small beaver-meadow, then through several marshy little ]>oud8, the connecting links being so small that it was only with great difficulty our canoes were got through. In half a mile we landed once more, having corae to the forty-third, or what is known as the long portage. It was about noon when we got to this portage. It is two miles in length, runs iq a south-easterly direction, and rises to a height of about
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45 Victoria. Sessional Papers (No. 53). A. 1882
one hundred feet, falling again at the south end about fifty feet only. It took us four hours to get over this, at the end of which we again embarked upon a lake about a mile or so in length, and one-third of a mile in width. Crossing this on a southerly course, we came in half a mile to the forty-fourth portage. This was about one-third of a mile in length, and passed over a ridge in respect of which the opposite of that which took place on the last portage occurred, namely, the ascent was considerably exceeded by the descent. It was now sis o'clock in the evening, and, with short intervals for meals, my men had been toiling (most of the time on portages)- since four o'clock in the morn- ing, and all were tired. Two of them, Simon and Donald, from Missinaibi and Flying Post respectively, were completely used up, and suffering greatly with their feet. As we were not far now, however, from the last portage, we once more launched our canoes and started. After paddling for about half a mile through a marshy little lake and creek, we at length arrived at the forty-fifth and last portage, and camped for the night. The region passed through to-day abounds with lakes, and is, on the whole, more broken and hilly than for some time previous. Although fi-equentjy rocky on the shores of the lakes and channels or rivers, the area of bare rock bears but a small proportion to- that which is covered to a greater or loss depth with soil. The soil is generally sandy, or a sandy loam — rarely clay. Both red and white pine occur frequently in scattered trees or clumps of trees ; but I do not know how far they may extead on either side of our route. The rock has been as hitherto, Laurentian, granite, and gneiss. The distance made to-day about fourteen miles.
July 8th. — This forty-fifth portage is about a mile or so in length, and terminates at the Ka-ko-zhishk, or Ground-hog River. By the time everythmg had been got over the portage, breakfas . taken, and the canoes gummed and cleaned, it was half-past seven o'clock. The place where we now embarked is only about eight miles at the most from Flying Post. The Ground-bog River is a fine stream, some three chains in width. It comes from the south, and flowing north, unites with the Mattagami or South Moose, only four or five miles above the junction of the Kap-pa-kus-ka, or Kai-bus-ka-sing, according to Dr. Bell, and the Mattagami. The timber heie is principally tamarac, spruce, cedar, aspen, and birch. In forty minutes, or say about two miles, on a south- erly course, we came to th? point where the C. P. R. line crosses the Ground-hog River. Looking south, the country is decidedly more hilly. Black ash trees, though far from large, are of frequent occurrence now on both sides of the river. In about two miles more we entered a lake apparently about six miles in length, and two and a half miles in width. At 10 a.m., or say in another three miles, we came to the widest part of this lake, and were nearly opposite the entrance of the river (Ground-hog) on which the Honourable Hudson's Bay Company's post is situated. In another mile we arrived at Flying Post, which is in charge of Mr. "Thos Moore. We were received in a most kind and friendly manner by him and by the Rev. Mr. Saunders, who had heralded our approach.
Distance from the upper end of last portage to the Hudson's Bay Company's Post is about nine miles. Our speed has been so very irregular, and the delays, owing to obstructions of various kinds, so very frequent, that the distances given in the foregoing narrative can hardly be called estimates, being frequently rather of the nature of guesses. In all, however, I make the distance by the route we have pursued from Missinaibi Post to Flying Post, about one hundred and thirty-seven miles.
Flying Post consists of the house of the. officer in charge, storehouse, men's house, canoe-shed, and byre. The land cleared and under fence is about seven acres. At and near the post the soil is a light clay loam ; but on an island in the lake where they have a garden (as it is called), but chiefly a potato plot, the soil is a sandy loam. About two-and-a-half acres of the land ure devoted to the growth of potatoes, which do well generally, the return being large and the quality excellent. A small patch of bar- ley is also grown. It is just now heading out, and will, no doubt, come to maturity, as I am told it always does so here. Nothing is more striking than the splendid pasture at and around this post, where it is full of white clover with some little timothy and even red clover, although no grass-seed haa been brought or sown here for sixteen
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45 Victoria. Sessional Papers (No. 53). A. 1882
years, if not longer. A bull and two or three milch cows are kept here, and the fine condition of these animals bore ample testimony to the excellence of the pasture. Nei- ther the potatoes nor the barley, however, are as good as I have seen at Moose Factory, or at New Post on the Abittibi. This, however, is owing, I think, to the fact that the land is cultivated without the slightest regard to the commonest and best known prin- ciples of agriculture. So far from there being any systematic or regular rotation of crops, there has been no rotation at all, but the same crop grown on the same ground year after year, until the land has become nearly worn out. Mr. Moore told me that he and one Malcolm McLean cleared up a bit of new land many years ago, and planted one keg of seed potatoes. From this they obtained eighteen kegs of fine pota- toes in the autumn. I saw this man Malcolm McLean at Lake Tamagamingue last year, and in speaking of this place (Flying Post) he told me that " everythiug would grow well here ; " and " that from a keg of wheat sown he had once got a return of twenty kegs." Mr. Moore informed me further that both maple and black birch are found growing on the east side of the lake, and that he had seen and measured a white pine which was tuo fathoms in circumference.
9</i.— Hearing that there was eome good pine at the south end of the lake, I took my canoe and went to see it. It was between three and four miles I should say from the post. I found that the land at that end of the lake rose into sandy ridges from sixty to one hundred feet in height, and that the timber was mixed red and white pine, with some spruce and tamarac. The largest white pine measured eight feet ; red pine, seven feet ; tamarac and spruce, six feet in circumference. The trees were well grown, and seemingly sound and healthy. If not destroyed by fire, I have no doubt that there is a good deal of valuable timber in this section of the country which will be available whenever the C. P. R. is completed.
The rock, wherever I had an opportunity of seeing and examining it, was Lau- rentian, principally gneiss.
With the assistance of Mr. Moore and the Rev. Mr. Saunders, I finished taking the census at this post. I obtained another man in the place of Donald McKay, who re- mained here. Simon of Missinaibi consented to go with me as far as Moose Factory. I was ready therefore to leave on Monday, the 11th, for the next Hudson's Bay Com- pany post, namely, that at Matawagamingue.
FROM FLYING POST TO MATAWAOAmNGUE.
July 11th. — Bidding adieu to our friends at Flying Post, we left at 6.40 a.m. for Matawagamingue, the principal post of what is called the Kenogamissee District. The distance is probably not more than two-thirds of that from Missiuaibi to Flying Post, but, like that, requires a great number of portages to be made. Our first stretch was up the Ground-hog River for. half a mile to a strong rapid, where it is frequently necessary to make a portage, but up which my men poled the canoes in good style. Above this we had a fine smooth stretch of slack water almost until 7 SLm., when we opened out into a large lake called Mattagama, and at 7.15 stopped one hour for breakfast. Tlie lake here was about a mile in width, with a fine stretch of water before us. Resuming our voyage at 8.20 a.m., it was 12.45 p.m. when we arrived at the first portage, where the river rushes down a heavy descent into a fine basin. The lake is from one to three miles in width at the north end, but at the south it con- tracts until there remains only a narrow gorge, which some might be disposed to call a part of the lake, and others a part of the river above. The lake and gorge together are probably about twelve miles in length, and its general course is southerly.
The lake is apparently deep, and bounded on the east and west sides by ridges of from one to two and even three hundred feet in height, being most elevated at or near the southern extremity. The shores are generally rocky. On the ridges there appears to be a good deal of red and white pine of from one to two feet in diameter. Slates or schists of the Uuronian formation are met with at the upper or south end of this lake. It is quite possible that minerals of economic value may be found at or near the line of junction between these slates and the Laureutian rocks.
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45 Victoria. Sessional Papers (No. 53). A. 1882
The soil with which the rocks are more or less covered on the ridges is probably rather light and sandy.
Whitefish and trout are found in this lake, as are also, I have no doubt, suckers and pike. Altogether, Mattagama is not only an interesting but a rather pretty lake. A line, said to have been run either by Mr. Sinclair or Mr. Salter, crosses this lake, or rather the gorge at the south end of the lake, about three milee before we come to the portage.
The portage is half a mile in length, and after ascending nearly one hundred and fifty feet in a southerly du-ectiou, descends some seventy feet and terminates at a small creek. Following this for a short distance, we come to another portage about one quarter of a mile in length. This, the second portage, brought us again to the main river, which falls into the basin at the head of Lake Mattagama, and which is, as I understand, the principal source of the Ground-hog.
The soil on these portages is a sandy loam of good quality, judging from the lux- uriance of the grass and appearance of the timber. Among other grasses was some timothy, the first seeds of which must have been dropped there accidentally, but which has since matured its own seed. Some of the spruce trees were seven feet in circumference, and the balsam and white birch three feet and six feet respectively. Crossing this we started again at 3.15 p.m. In three-quarters of an hour's poling against a rather strong current, we came to a rapid where a portage (demi-charge) was required. This third portage was one-third of a mile in length, and took us half an hour to cross. In forty minutes after we left this we arrived at the fourth portage, called " Smooth Rock," where there is a fall of ten feet and a fine basin below nearly two hun- dred yards in diameter. This fall and that at the head of the lake are not seen to advantage in the present low condition of the water, but must be very imposing in the spring. My guide having hurt himself carrying the canoe over one of the portages, and feeling somewhat unwell, we camped upon this portage, although it was earlier than usual. On the last portage (third) I saw birch trees six feet, tamarac five feet, spruce seven feet, and aspen six feet in circumference. Our course continues on the whole southerly. Eock Huronian, closely bordering, however, on the Laurentian.
12th. — Started at 4.40 a.m. This, the fourth portage, being onlj' a very short one, our things were all carried over it last night. Very little current, almost slack water in the river for some distance above the fall ; burnt ground on both sides. Course S.W. to S.E. ; very serpentine. Frequent exposures of rock, greatly reticulated with joints and strongly resembling a rock that is frequently met with on the Upper Abit- tibi lakes, at or about the junction of the Huronian and Laurentian formation, and called by the late Mr. McOuat " Argillitc," but which has sometimes very much the ap- pearance of a chloritic schist. In half an hour after leaving the fourth portage we came to another fall and portage — the fall much the same as last, and portage (fifth) 150 yards only in length. In three-quarters of an hour the sixth portage was reached, about one-third of a mile in length, and rise in rapid, etc., of nearly fifteen feet. Having stopped for breakfast on this portage, it was 8 a.m. before we started again. This portage ended at a lake of some size. It is called Lake Za-ga-tos-ka, and bears S.S.E. It is bounded on both the east and west sides by rocky ridges from 100 to 150 feet in height, and is at least six miles in length. We crossed it on an easterly course, and in about an hour and a half entered a rather smaU tributary. UjJ this we commenced to ascend at half-past nine. The stream was marshy and crooked, with a general east- ward course. The marshes were, for the most part, covered ■with fine grass, and black ash was frequently seen, though not of a very large size. At 10.20 we came to where a short portage was required. This, the seventh portage, is around a rapid, and only about fifty yards in length. Good white pine seemingly five to seven feet in circumfer- ence scattered here and there among spruce, balsam, and birch. Starting again, we had not gone more than one-third of a mile when we arrived at another rapid, and the eighth portage, which was this time about 300 yards long. On this portage I saw some old and large white pine. I measured two of them — one of which was lying on the ground, the other still standing — and found them to be eleven feet in circumference or
29
45 Victoria. Sessional Papers (No. 53). A. 1882
girth, fully confirming my belief in what I had been told at Flying Post, of the exist- ence in that neighbourhood of pine as much as two fathoms or twelve feet in circum- ference. A cedar on the same portage was seven feet in circumference. We crossed over and started again at a quarter past eleven. The stream above this e.\panded into marshy ponds, and the land was low on both sides, the timber being mostly tam- arac. A species of flag bearing beautiful white flowers adorned the sides of the now sluggish stream, looluDg like little bunches of swan's-down resting on the dark waters. Pulling up and examining several of these as the canoe glided along, I found them full of small flies, strongly resembling the fly known as the " black fly '' in this country, but considerably smaller. They seemed to be feeding on the pollen or some other substance contained in the flower. They appeared, too, under my magnifying glass, to bo quite surfeited or bloated, and, as I thought, stupefied or intoxicated. Whether this plant, like the pitcher-plant and other fly-catchers, exacts its dues also in the shape of victims — victims possibly of intemperance — I must leave naturalists to inves- tigate and decide, if they have not done so already. At noon we came to where an- other short portage was required. This was the ninth portage since we left Flying Post. Getting dinner here, we crossed this portage and started oft" again at a quarter past one. We had only gone a short distance when we opened into a large lake some ten or twelve miles in length and from one to three miles in width, called Grassy Lake. Wild rice was abundant in the first part of this lake ; and it coutaius a num- ber of islands. At 4.15 p.m., near the eastern extremity of the lake, we came to a small swampy creek, or mlet, and a little way up this, to the commencement of the tenth portage. The shores or banks of Grassy Lake are generally low ; and more or less pine was seen, but it was not large, and spruce and tamarac were more common. This lake and portage is on the water-shed between the country which drains into the Ground-hog, and that which is drained by the Mattagami Kiver. At all events we have been ascending ever since we left Flying Post, and must be considerably more than one hundi-ed feet higlier than the river at that point. The teuth portage is about a mile and three-quarters in length, and although level is very rough, beiug so thickly strewn with angular blocks of syenite, that it was necessary to step from one to another for quite long distances together. I have alluded already to such angular blocks of stone, and their probable origin, when speaking of that part of the route between Missinaibi and Flying Post, which passes along the Shewango River. We ■camped midway on this portage.
13th. — It was ten minutes to eight this morning before everything was got over this portage and we were again under way. It terminated at a small lake, crossing which, we entered a miserable little creek, and at five minutes past eight came to the eleventh portage. In thirty-five minutes we had crossed and were oflF again on the same creek. Our course has been nearly east since we entered Grassy Lake, and there has been a very trifling rise or fall in the route from that point to this. The country here is barer of soil, however, than any part yet passed over. The forest is thin and poor, and composed largely of rough-barked or pitch pine — the rock, syenite. Leaving the eleventh portage, the creek runs through a beaver meadow, surrounded at some distance by tamarac. Soon after !) a.m. we came to where it was necessary to make another port- age of a quarter of a mile in length. This, the twelfth portage, terminates at a small lake, on which we again embarked at 9.40 a.m. The ridges around this lake are not more than thirty to forty feet in height. At 9.50 we came to the outlet of the lake, in the shape of a narrow rocky channel only a few yards in length, and opening into another lake. At lO.OH a.m. we arrived at the outlet of this lake, which was a small stream flowing partly over and partly through vast heaps of stones and rocks of syenite. A dcmi-charge portage was here recjuired. This, the thirteenth portage, was only a hundred yards in length, but, notwithstanding, we lost nearly half an hour before we were on our way agani. We had barely gone one hundred and fifty yards when we were obliged to make another portage. Tins is the fourteenth from Flying Post. It is three hundred yards in length, and the fall in the river here must be about fifteen feet. From this to the fifteenth portage, which we reached about H p.m., we passed through a succession of
30
45 Victoria. Sessional Papers (No. 53). A. 1882
small narrow lakes connected by short and stony stretches of river; syenite in low ridges and rounded knolls was the only rock seen ; the timber, pitch pine, spruce or tamarac of small size. If not stony or rocky, the banks were generally marshy. The syenite at portage tifteen is very light-coloured, but that seen earlier in the day was dark. This portage was only sixty or seventy yards in length, and the fall about six feet.
Starting again at 3.15 p.m., in not more than a mile and a quarter wo pass over three or four stretches alternately of river and lake, coming at 3.40 to the sixteenth portage, which leaves the last lake and cuts the river, which in the meantime has made a long detour to the south. Our course thus far to-day has been very changeable, rang- ing from south to east and north-east; probably about E. S.E. might be not far off the general bearing.
The sixteenth portage is upwards of half a mile in length, and it was 4.45 p.m. when we were over and ready to start again. Our first course on leaving was north- east. The shores are very rocky, and a high ridge, seemingly two hundred feet in height, is seen some three miles to the north. At 5.15, or say in a mile and a half, we enter a large lake extending a long way both to the north and to the south of where we enter it. It is called Beaver Lake, and one of my men tells me that it is a short day's journey from end to end. This may mean about twenty-five miles possibly. It is only about a mile wide where we intersect it, and probably does not exceed two miles in width at any place. Our route is north for about a mile, then crossing eastward to and up an arm of the lake, we arrived at the outlet or river, following which a short distance we came to a rapid and the seventeenth portage, on which we camped for the night. The principal feature in the lake we have left is the increased elevation and boldness of the hills, some of which rise from two to three hundred feet above the lake. A few pine were again seen on it. The rock was Laurentian, so far as it came under my observation.
14th. — This portage was only one hundred and fifty yards long, and the fall in the river about five feet. We started at 4.40 a.m., but had not gone more than two hundred yards when we were obliged to make another. This was a quarter of a mile in length. Leaving this, the eighteenth portage, we pursued our course down the river, the bearing of which is about N. N. E., the river sometimes expanding into little ponds or lakes, and again contracting to its usual size, say one and a half to two chains in width, until hall-past eight (8.30), when we came to the nineteenth portage, one hundred and fifty to two hundred yards in length, with a fall of about twelve feet. The rock here is still syenite. Having passed over this, we again took to our canoes at 8.55 a.m. River two chains wide, with gravelly bottom ; course north-east. Alder and willows, as weU as grass, of which little has been seen for many miles, now begin to Ime the banks of the river. We occasionally pass smooth faces of almost perpendicular rocks twenty "to thirty feet in height. At five minutes past nine we were obliged to make another portage (the twentieth), only a few yards over a rock (syenite) where there was a fall in the river of about four feet. A large quartz vein is here seen, but did not appear to contain any metallic ore. We got over this portage, and again started at 9.20. There was now, as we proceeded, evidence of a deeper and rather better soU on the banks, particularly on some ot the points at the bends in the river. But the general char- acter of the land, however, is either rocky, stony or sandy. The river is very crooked, the course varying backwards and forwards from east to south. At a quarter past ten we came to a place in the river where whitefish are seined for and caught in the fall. These fish then come up to spawn from Men-see-na-qua, the lake into which this river pours its waters. We proceeded on down the river, meeting with no further impedi- ment or obstruction until at 12.35 we were brought up by a raft of drift-wood extend- ing quite across the river and blocking it up for some distance. Around this it was necessary to make a portage (the twenty-first), and while one of the men cooked dinner the otliers busied themselves chopping out a road, and getting the canoes and baggage over it. It was about 2 p.m. when we again resumed our journey, and in half an hour thereafter we entered Lake Men-see-na-qua. The first part, or say one- third of our day's journey, the course was about E. N. E., the latter two-thirds the course
31
45 Victoria. Sessional Papers (No. 53). A. 1882
or bearing of the river has averaged about S. S. E. The soil seemed to improve as we approacliecl the lake, the timber becoming larger, particularly the cedar aud black ash. But, ou the other hand, the banks were lower, and the probability is that these river-bottoms are under water during the spring freshet. The rock wher- ever seen has been syenite. From the outlet of the river, our route turns to the eastward, and in about a mile bears E. N. E. At 8.10 p.m. it is N. E., and at 3.20 it is due east. At 3.85 the course is again E. N.E.,and at 3.45 once more due east. Havhig then passed through a rushy and marshy stretch, the width contracted and we came to river again, at 4.10 the width at this point being only about three chains, and course easterly. Pursuing our coiu-se down the river and running several rapids, one of which was rather a formidable one, we arrived at the last rapid, and the twenty-second and last portage before reaching the Honourable Hudson's Bay Company's post. This portage is two stages, or say about three-quarters of a mile in length. Wo camped at the lower or east end, but only took over such things as were indispensably necessary. Lake Men-see-na-qua is probably as much as ten miles in length by from half a mile to three miles in width. Many portions of the shore aud banks are sandy, aud a few scattered pine are seen growing thereon ; but neither th'» land nor the timber can be called good. The rock is Laurentian, a.s far as I saw, but I only saw a very small pro- portion of the whole near enough to be able to determine the formation to which it might or might not belong.
loth. — After getting the rest of our things ever the portage, we resumed our journey at a (juarter-past s ven. A lar.e stream from the south jnins the Mcusecaqua a t-hort distance below h poitage. Our course about N. E. In about three-quarters of a mile we pass what the voyageurs call " The Fishing House." It is here that the Honourable Hudson's Bay Company's people at Matawngaiiiingue Post make their fall fishing of whitefish. The river here is about two chains iu width. The .^e ne nut is employed to catch the fish. Al out a mile farther, and wc came to where the C. P. R. crosses. A little farther still, and we enter Lake Matawagamingue. Iu about i^wn mil s and a quarter we are oppos-ile to and land at what mj- guide says is the site of the old North-West Company's Post. It is on the north-west side of the lake, aud has been rather prettily situated on a plateau about fifty feet above the level of tie lake, of which it commanded a fine view. .\t the same time it was sheltered by another plateau iu tlie rear from the cold northerly winds. Th ground, being light and sandy, is still wonder- fully clear of bush or undergrowth of any kind, with the exception of grass and a lew wild raspberry bushes, on which the fruit is now ripe. .\11 that remains of the buildings, however, is ttie cellars. The couutry is rolliug apparently, and diy ; the ridges or knolls being composed almost entirely of sand. The Hudson Bay Company's Post is south- west, and about half a mile distant, located on a hmg sandy point which (Stretches out into the lake. It is not bo high above the lake as the old post from which we now view it, but s ill sufliciently elevated to be out of tlie reach of the highest spring freshet. The half-dozen houses and stores, together with the little church and the missionary house, extending, as they do, for nearly half a mile along the lake shore, have a pleasing if not pretty appearance. Once more jumping into our cano s, ten minutes' brisk puddling sufficed to land us at the post. Mr. Rae, the officer in chage of tlie post and district, received us with that hospitali'y which I have invariably experienced at every post I have visited in the territorv. I thought tliat the place looked singularly deserted and still, as we contemplated it from the other side of the lake. This was explained by the fact of nearly all the men having gone down with the canoes to the long portage on the Mattagami branch of the Moose River for the goods and provisions taken up to that point by boats from Moose Factory ; in addition to which an old aud respected servant of tlie company, named Walter Faries, had died a few days be-'ore our arrival, and his death ha I cast a temporary gloom over a little isolated community like this.
I roughly estimate the distance from Flying Post to this place at eighty-six miles by the route we have followed. The number of portages made has been twenty-two.
The company has a few acres of laud cleared and under crop nt the post. The soil is light and sandy, aud would afiford little after the first crop or two imless manured.
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45 Victoria. Sessional Papers (No. 53). A. 1882
As only about fonr head of cattle are kept, the quantity of manure available for this purpose is necessarily very limited. What is called " swamp muck," of which there is abundance everywhere in this country, mijjht, I am persuaded, be "composted" and applied on land of this description with advantage. Of the appearance of the several crops now growing I may say: — Potatoes (the principal crop) look very well — not a very heavy crop, but regular and healthy, and moreover, considering the latitude and elevation, very well advanced ; they are just now coming into blossom. Barley is very poor. Some oats a total failure. A small plot of Swedish turnips excellent. Kidney beans, good. Pumpkins promising, and likely to attain a fair size. Some four or five head of horned cattle are kept, the hay for which is obtained from the marshes border- ing on the lake. Judging from the condition of the animals, I do not think the pasture in the immediate vicinity of the Post can be at all equal to tiiat at Flying Post.
There is no rock or even stone at or near the Post. Little to be seen but sand, even on the beach. I was anxious to know if there were any pieces of fossiliferous limestone here, but did not succeed in finding any, although I think such will yet be found not only on this, but on every lake on or about the Height of Laud south of Hudson's Bay. It is, however, generally if not always associated with clays, or more properly the clay marls, which on some lines of travel extend almost without interruption from the coast of .lames' Bay not only to the Height of Land, but over it, as I believe. My man, John Driver, in searching along the beach found a very perfect specimen of the flint arrow- heads made and used by the natives before the introduction of guns.
16th. — -With the assistance of Mr. Eae, I finished taking the census to-day, but it was too stormy to think of starting, and to-morrow being Sunday, I deferred our depar- ture till Monday
FKOM MATAWAGAMINGUB TO MOOSE FACTORY.
18th. — Calling up my voyageurs early, and bidding farewell to Mr. Eae, we set out on our long journey to Moose Factory. By the advice of my guide, I left the two small canoes here, and procured from Mr. Eae one canoe about four fathoms in length, which he said would carry all that was wanted, and be much safer and better adapted for running the rough rapids we should meet with in descending the Mattagami Eiver.
The size, position, and geology of this and other lakes, and of the rivers on the route from MatawagamLngue to Moose Factory have been so fully and carefully ascer- tained and described by Dr. Bell, of the Geological Survey, who passed over this ground in 1875, that I shall, in the narrative of this part of my journey, omit much on the sub- ject of distances, bearings, and also the geology of the country, that I have hitherto, at the risk of bemg tedious, thought it advisable to give. I have, where necessary, made use of Dr. Bell's more careful and accurate measurements and observations on these points. Soon after we had started, a head wind arose and retarded our progress con- siderably. It was difficult to know where the lake ended and the river began, as, like many others in the territory, it contracted and expanded several times, being now only a channel or gorge as it were, three or four chains in width, and again widening out to eight, ten or twenty chains. Dr. Bell, however, makes the distance from the Hudson Bay Company's post to the end of tbe lake sixteen and a half miles, and the general course or bearing N. 12'' W., and the length of the river, from its outlet at the foot of the lake to Fishing Portage, five or six miles, and course N. 15° E., which agrees pretty closely with my own estimate.
Some pines, both white and red, are to be found growing on this lake, but I saw none so large as those at Flying Post. I think that the pine may be more plentiful at the south end of the lake than at this, the northern extremity. The best pine trees I saw would not square more than from ten to twelve inches, say for thirty or thirty-five feet from the ground. But pine timber less in size than this will be in demand a hundred years from this time. There is a considerable quantity of good white spruce, however. The soil is light and sandy, and unsuitable for farming, and I saw no minerals of any economic value, although such probably will be found some time or other in the country between Flying Post and Matawagamiugue. It was nearly half-
3 33
46 Victoria. Sessional Papers (No. 53). A. 1882
past three o'clock in the afternoon when we arrived at the portage. There is a fall m the river at this point which Dr. Bell estimates at forty-five feet. The porlage is about a mile in lecth. Crossmg over this we resumed our voyage at about a quarter-past five, and in a mUe or mile and a half entered Kenogamissee Lake, the bearing of the river between these two points being about N. N. E. In another hour, or say about three miles from this, we camped on the west side of the lake.
19th.— On searching the beach near our camp, I was pleased to fiud pieces of fossil- iferous limestone, the fil^st undoubted specimens of the kind met with siuce I left Lake Kap-puskuska, or " Kai-bush-ka-sing " according to Dr. Bell. The length of Lake Keno.^aniissee is about tweuty-two miles. Its width is much more uniform and regular than usual, rarely if ever exceeding quarter of a mile. At a point about sis miles from the upper end, where it contracts to some four chains iu width, it is crossed by one of the C P. K. exploratory hues, run I believe by Mr. Austin iu 1871. The course or bearin", too, is remarkably regular and straight, being nearly north and south, or a httle to the east of north. It resembles, in these respects, Beaver Lake, which I crossed on the 13th of this mouth, two days before my arrival at Matawagamingue. Both owe their origin in my opinion, to the almost resistless power with which the 1C9 has at some former period been forced to the southward over what we now call the Height
of Land. , , ^ ^ i i »
The soil on the banks of this lake, at one or two places, where I went back to ex- amine it was better than that which I saw on Lake Matawagamingue, though still of a U-'ht sandy nature. There has been a good growth of pine here formerly, but fires have destroyed the timber. It will, however, grow again. We may feel pretty certam of that for there is hardly a doubt in my mind that those districts in which the most valuable " timber limits " are now situated have been run over by fire not once only, but many times and I hold to the belief that in the Dominion of Canada, at aU events, vast areas now covered with grass or more or less useful timber would have been barren and unproductive wastes were it not for the recurrence of bush-fires, as they are caUed, at sufficient intervals of time. , , . , .. , ,j i-
About six miles from the lower end of the lake is the site of old Kenogamissee Post which has been abandoned for a good many years. Opposite to this, where the rid^'e on the east side of the lake is nearly one hundred feet in height, 1 saw pitch pme larger than I have ever met with elsewhere, some of them being six feet m cucum- fereuce and well grown. I mistook them for red pine at a distance.
We came to the end of the lake and the second portage, called Wa-wi-a-ton about eleven o'clock, and there we met the Matawagamingue brigade, consisting of four or five lar^-e canoes and about thirty men, on their return from Long Portage with goods for the Post. A thunder storm, accompanied by very heavy rain, overtook us on this portage, and compelled us to camp for two or three hours. The portage being nearly a mile in length, it was half-past four o'clock by the time we had everything across and
were ready to start again. ,,»,.. ■ • , ^u r »
Dr. Bell summarises the results of his survey of the Mattagami nver from the foot of Kenogamissee Lake to Moose Factory as follows : „ , , , , ^, t- ,„ .,
(1) From Kenogamissee Lake to a (first) brook ata S.E.bend, about N.E., 12 miles.
(2) From first brook to a second at a N. E. bend, about N., three miles.
(3) From second brook to a third at a S. W. bend, about five miles.
(4) From a third brook to Muckwa Powitik (Bear Rapid), about N., sixty-six mdes.
(5) From Muckwa Powitik to the foot of the Long Portage, about N. 18' W., forty-
(6) From foot of Long Portage to junction of Missinaibi branch, about N. 42* E.,
thirty-nine and a-half miles. vr .-«.»? r _^
\l) From junction of Missinaibi branch to Moose Factory, about N. 62 E., forty
six miles.
In all 216 i miles.
Dr Bell further states that "Eighteen portages occur in the above distance, of which Long Portage is the last, the remaining ninety odd miles to the sea being free
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46 Victoria. Sessional Papers (No. 53). A. 1882
from obstructions other than occasional rapids. The Long Portage was found to be about four miles in length, while the first and third portages above it measure respec- tively about three-quarters of a mile and a mile and one-quarter. The total fall be- tween the extremities of the Long Portaga amounts (according to my barometer read- ings) to one hundred and ninety feet, aud that of the next three portages above to one hundred and ninety-five feet, which with forty feet added for intervening spaces would give a total descent of four hundred aud twenty-five feet in ten miles.
" Immediately on leaving Kenogamissee Lake, the Mattagami Kiver passes down a series of rapids aud falls, having a descent (as calculated from barometer readings) of one hundred and seventeen feet in three-quarters of a mile. The thirteen intervening portages are all short, with a comparatively slight amount of fall in the nver at each. Indeed, large canoes can be taken up or down past several of them with a half load, especially at low water. Such places are known in the country as ' demi-charges. '
" In each of the divisions marked (4) and (5), the river receives three considerable branches from the west and two from the east, the largest of which are the Kai-bush-ka- sing, from the west, at twenty-two miles above the foot of the Long Portage, and the Ka-ko-zhiskh (Woodchuck) River, from the same side, at five miles higher up.
" Below the Long Portage, the largest branches are the Missiuaibi, on the west side, at thirty-nine aud a half miles, or forty-six above Moose Factory, and the Abittibi, from the east, at seventeen miles above the same post. Three smaller rivers enter from the west side between the Abittibi and Moose Factory."
Again, as regards the surface of the country, Dr. Bell says: " Between the Height of Land and the rapid descent in approaching the Long Portage, the Mattagami flows through a Huronian and Lauren tian plateau, having probably an average elevation of about 1,200 feet above the sea. The general aspect of the surface is of an undulating character, but the inequalities do not often exceed one or two hundred feet. More or less rock usually crops out in the hills and ridges, while the intervals, if not occupied by swamps or lakes, have a sandy and gravelly subsoil underlaid by bouldery earth or clay, and having more or less vegetable loam on the surface.
"From the foot of the Long Portage to the sea, the river flows through a level region underlaid by flat-lying imaltered rocks. In this interval, the banks, which are not often high, are composed, with few exceptions, of gravelly and bouldery earth and clay. The laud immediately above the banks of the river is dry, and supports a second growth of poplar and white birch, with some coniferous trees, but at a short distance back it was always found to be swampy and covered with small black spruces and tamaracs, growing in a deep layer of Sphagnum moss. The islands and mainland about the mouth of the river consist of alluvial earth well suited for cultivation."
Leaving Wa-wi-a-ton Portage, our course was about N.E., and in a short distance a stream called the Red Sucker River came in from the west. At 5 p.m. our course was north, and soon after we came to high banks, the lower part of which appeared to be clay, the upper part of sand. The timber consisted of pitch pme, spruce, tamarac and cedar, with some aspen, poplar and white birch ; on the dry alluvial points aspen was common, and occasionally a middling sized elm. We camped for the night about six miles below Wa-wi-a-ton Portage.
20lh. — Started at 4.45 a.m. Elm and black ash on the points, but not large ; also a good deal of aspen. About half au hour after, we came to a steep bank on the west side, which the river was evidently undermining and carrying away. I went ashore here, and found this bank, for at least thirty feet above the water, composed of clay, with twenty feet in thickness of sand above that. It may be that the clay went considerably deeper than the level of the water. We have now, therefore, clearly descended to the level or zoae whereat the clays begin to appear in quantity. On Lakes Matawagamingue and Kenogamissee there were sands, but no clays that I saw. Until now, indeed, we have not met with any considerable depth of clay since we left Missinaibi Post. I took samples of both the sand and clay from this place. Among the loose stones on the banks and in the bed of the river, I have not found any more specimens of the fossiJiferous limestone ; but have noticed several pieces (boulders) of the dark-grey quartzite, with the
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45 Victoria. Sessional Papers (No. 53). A. 1882
singular spotted or pitted appearance which characterizes the boulders of that rock found on the coast of .James' Bay.
Whatever may be the agencies which have brought here the deposits of clay and sand which form the superficial materials of this part of the country, neither of these singly appears to me to constitute a very fertile soil. When these beds or ridges of clay and sand are mixed in due proportion, and again deposited, combined with more or less vegetable or animal matter, a very good and fertile soil is the result. Now, this is just what is happening, not only on this river, but on all the rivers which flow through what is called the " Flat Clay Country " into James' Bay. The Abittibi, Mattagami, Missinaibi and Albany, with their numerous tributaries, many of which are themselves large rivei-s, are one and all undermining and destroying their banks where composed of the original sands and clays, and th(;sf', duly mixed, go to form the tine soil on the fertile points and bottoms which are occasionally met with on tliese rivers. These points are now beginning to show themselves as we descend this river, the materials therefor being furnished in abundance by the banks just alluded to. At 7.2-5 a. m., I stopped and went ashore to examine one of these points, in height from six to ten feet above the present level of the water. I found the soil to be a .sandy loam, with sufficient argillaceous matter or clay in its composition to rentier it slightly plastic, with a deep covering of leaf mould and decayed woody fibre. The ground was dry, level, and seemed to me capaple of growing any crop that is suited to the climate. One drawback such land still has, and that is a serious one — it is liable to be flooded when the spring freshet is at its height — then, and then only. How long, land from six to ten feet above the present level of the water is or may be at tliat time submerged, I have no means of knowing — probably not longer, however, than ten chiys or a fortniglit. The timber found on these points is usually aspen, poplar, balsam, wliite l)irch, spruce, with now and then an elm; but aspen is by far the most common. At 8.35 we came to Dr. Boll's " first brook," and south-east bend, which is twelve miles from the lower end of Lake Keuogamissee, and about north-ea.st thereof. Fifty minutes brought us to tlie second brook, which is the end of the second stretch, three miles in length, on a northerly course. At 11.30 we came to Owl Portage, which having crossed, we again embarked, and in half a mile arrived at Whistling Portixge, where we stopped for dinner. At 2 p.m. we started once more. In about iialf an hour came to banks fifty to one hundred feet m height, and marks which would appear to indicate that the river in the spring attains an extreme height of sixteen or eighteen feet above its pre- sent level. There are signs now, too, of frequent land-.slips. I have met with these on nearly all the rivers north of the Height of Land, and am sati.sfied that frequently this sliding down of an inclined surface is so exceedingly gradual as to be quite as imperceptible as that which is said to characterize the motions of some glaciers, and would never be observed were it not for tlie trees. At 3.35, a river, two chains in width, falls in on the left, or we.st side; it is called by my guide Tah-wah-sa-no, and said to have its source in a lake called Kee-no-ka-mi. About 4.15 I landed and went back. We found the plat4!au one hundred feet above the level of the river — soil, clay — covered with Sphagnum moss, but little, if any, pc-at ; there being a ravine a short distance back which partially drained this part of the plateau. The timber was small. Since we left the " t^uish Quisb," or Whist- ling Rapid, the timber has fallen off in size and quality. This may be owing to the clay which above that rapid was the subsoil, having now come to the surface. The river is here three chains in width, and the spring flood would appear to rise ten to fifteen fe«it. At 5.50 p.m. went back on the east side and found Sphagnum moss, and one foot in thick- ness of peat reposing on clay. At half-past six o'clock we camped for the night.
31sl, — At 4.50 a.m. we once more resumed our journey, pa.ssing at 7 a brook on the east side, and in ten minutes thereafter coming to Sturgeon Falls and Portage. I found pieces of fossiliferous limestone, both above and below this fall or rapid. Having re- mained here to breakfast, it was half-past eight when wo again got off. In about an hour I landwl, and went back on the west side. The |)laU'au was still about one hundnnl feet above the river, or more properly it might l>e said, that the river was one hundred feet below the general level of the plain. Found a good clay soil with a fine depth of vege- table mould, tit to grow any ordinary crop, on the sloping bank ; but on attaining the top
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46 Victoria. Sessional Papers (No. 53). A. 1882
and going back, the timber deteriorated in size and quality, spruce and tamarac taking the place of aspen and white birch ; Sphagnum moss had got possession of the soil, and peat had commenced to form. About an hour afterwards, I landed and went back on the same side, with precisely the same results, peat having made to the depth of one foot and a half within half a mile of the river. Starting again at noon, in ten minutes we passed an Indian winter camp on the east side. The proprietor was one of the voyageurs in the brigade we had met at the lower end of Konogamissee Lake. I noticed that he had got a good supply of poplar cut and drying for fuel the ensuing winter ; that there was a weather-cock painted a bright-red colour and stuck on the top of a pole ; and that there were numerous trophies of liis skill as a hunter, in the shape of the skulls and bones of deer, bear, beaver, etc. He had erected, too, a permanent and substantial stage on which he could place meat, or whatever else he desired to keep out of the reach of his dogs. I mention these things because they afford evidence of a character and disposition which lead me to believe that this Indian, and other.s like him, are teachable, capable of improve- ment and of civilization. 1 2.30 — River four chains in width. I landed here and went back on the east side. Found a belt of fine land half a mile in width next to the river, gradu- ally sloping up to the usual plateau. On this belt spruce and aspen, some of which ex- ceeded six feet in circumference, were growing. But in the next half mile we got fairly out into the muskeg, with peat four feet in thickness, reposing on clay. Eye-berries and wild currant and gooseberry bushes were plentiful on the better ground. Remain- ing here for dinner, it was 2 o'clock before we started again. At 3.40 Wliite-deer-head River, a stream about one chain in width, falls in on the west side. At 5.10 we came to Loon Rapid and Portage. Here, on the top of a bank of drab clay, forty or fifty feet in height, I found numerous pieces of fossiliferous limestone similar to those I saw on the Abittibi River, in the same .sort of clay, last year. In another half mile we came to Davies' Rapid and Portage (demi-charge.) Here the Huronian rooks, which are met with here and there along the river all the way from the lower end of Lake Kenogamissee, cease, and the Laurentian rocks are found continuous, according to Dr. Bell, from this point to the foot of the Long Portage, a distance of seventy-three miles. Davies' Rapid, according to the same authority, is due north nearly of the outlet of Kenogamissee Lake, and about fifty-one miles therefrom in a straight line.
We camped at the lower end of this rapid for the night.
22nd. — Started at 5 o'clock. Many large stones of granite and gneiss in the bed of the river. The rapid current here, and the extreme lowness of the water, require great care and skill on the part of my guide, James Saunders, and he proved himself quite equal to the occasion. In a little over three-quarters of an hour we reached the Yellow Falls and portage. It took the men fifty minutes to get over this, and in twenty minutes more we came to Island Portage. Here we breakfasted, and starting again at 8.15 kept steadily on until 10.25, when I landed and went back on the west side. At this point I found good land for nearly a mile i>ack. We then came to Muskeg. In the next half hour, after we had again resumed our journey, we passed a bottom of alluvial soil on the west side, which would make splendid meadows, and a river about one and a half chains wide, called the Muskeg-qua-ga-ma, here falls in. Below this, we had rapids and boulders, and another brook on the west side. At noon, we passed a fine dry point on the same side, and at 12.30 arrived at Smooth Rock Rapid and Portage — this being the tenth portage met with since we left Matawagamingue. This rapid is one of the most remarkable that I have seen on this trip, and the name " Smooth Rock " is quite appropriate, the trap and gnei.ss rocks being, in some areas, polished as if done by a lapidary. It mu.st, too, present a very imposing, if not grand appearance, when the water is at its height in the spring. It would seem to rise twenty feet nearly above its present level. Having stopped on this portage to take dinner, it was 2 o'clock when we again started. In half an hour I landed and went back on the east side. The ground rose rapidly to the- height of about fifty feet. On the plateau we found Sphagnum moss, but not much peat as far as I went. The soil was elay, very hard and dry ; so much so that the roots of the trees seemed to have been unable to penetrate it, and large numbers, which had been blown down by a recent gale, had turned up great tables of Sphagnum moss and peaty
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46 Victoria. Sessional Papers (No. 53). A. 1882
soil, but very little indeed of the clay. About an Lour later I again landed and went back on the east, sending at the same time John Driver to examine the west side of the river. 1 came to muskeg with peat four feet in thickness. Driver, also, at about three- quarters of a mile found muskeg and peat two feet thick. On the fertile strip near the river, spruce and aspen were found as much as si.v or seven feet in circumference. Driver saw aspen from live to six feet in circumference, which had been cut down by beaver. Simon says that he has seen still larger trees that had been chopped down by these accomplished wood-cutters. I have myself measured trees cut down by them from four and a half to five feet in circumference. On embarking again, I saw a number of birds flying in the air, evidently catching and devouring the insects. I at first thought these were 3wallow.s, but, on approaching nearer, found that they were not swallowss, but another larger bird, very much resembling what I have heard called the cedar-bird. They ap- peared to be able to sustain their flight for quite a long time, but with neither tlie ease nor gracefulness of the marten or swallow. These last are not nearly so numerous as one would expect to .see in a region where their food is so abundant. About 6.30 in the evening we came to what is called the Fisher Rapid, and there camped for the night.
33r(l. — Started at 5 a.m., and in about an hour reached Muckwa Powitik, or Bear Rapid. This is the termination of Dr. Bell's fourth division (4), or about eighty-six miles from the lower end of KenogamLssee Lake, and one hundred and tliirty miles, about, from the Hudson's Bay Company's post at Matawagamingue. The l)earing of this last stretch (4) has been about north, and length about sixty-six miles. The fifth division (T)), from Muckwa Powitik to the foot of the Long Portage, on which we are now entering, is about forty-five miles in length, and general bearing, as observed by Dr. Bell, about N. 18° W. We ran the Muckwa or Boar Rapids, and in half an hour came to a tine stretch of slack- ■water, with good land on the west side. At 7 o'clock we landed on the east side for breakfast. I went back a little way, while breakfast was preparing, and found good arable land, the elevation of whicli was about fifty feet, and somewhat rolling. The sub- soil was a drab-clay, full of bits of fossiliferous limestone. The timl)er, not large, but healthy, consisted of a.spen, birch, balsam and spruce. As.sociated with the drab-clay is a little sand on the higher ground, most likely alluvial, and deposited there when the bed of the river had not attained its present depth below the level of the general surfaca In one hour and a quarter, after again renewing our journey, we came to where a river two chains in width, called the Wask-wa-ma-kon, falls in on the west .side. In this stretch we passed several points of tine alluvial land. At 11.30, landed and went back on the east side. The bank here is about fifty feet in height, composed piincipally of drab-clay. Near the surface, 1 observed a stratum, not more than a foot in thickne.ss, of a more sandy nature, in which small shells were visible. At only a short distance back, I came to muskeg, with peat four or five feet in thickness. At 12.45 we landed on the west side, and while dinner was preparing, I went back and found the plateau still some fifty feet above the river. The soil was clay, but more arenaceous or sandy than usual. The tim- ber was healthy, but not large, being probably " a second growth," as it is called — that is, timber which has sprung up after a fire, and has not had time to arrive at full maturity. It consisted chietly of aspen and birch. Very little, if any, Sphagnum moss or jicat was seen as far as I went back, but seemingly a pretty fair soil, of which I took a sample. There is a rapid close by this spot, called Martin's Falls, but we were not under the nece.s.sity of making a portage. Numerous pieces of fo.ssiliferous limestone here. The river is about five chains in width at this point. Starting again at 2 o'clock, and running the rapids, we imme, in about a mile, to where a small river, called the A-piina-ta-noo, joins on the east side. The Moo.se Factory Indians come up as far as this in the winter to hunt and tiap At 2.4.") we arrived at Pine Portage. I noticed here a huge nia.ss of rock, the cubic contents of which were at least 300 cubic yards, almost completely detached from its bed, and ready to tumble into the rapid. It was 3.4.') before we were acro.s8 this port- age, and again on our way. We had not procoe<led very far when we passed what is called a beaver loflge. .Simon .says the beaver builds its lodge during the summer, but does not generally live in it until the approach of winter. .Vbout 4.2.'> we pass two singular little round islands — lowur part rock, the upper nicely wooded — and so like each
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46 Victoria. Sessional Papers (No. 53). A. 1882
other that they might have been cast in the same mould. At 4.4.5 p.m. we come in sight, on tlie west side, of the Ka-ko-zhishk (Dr. Bell is responsible for the last syllaVjle), or Woodchuck, alias Ground-hog River. A little further on I landed, and went back on the east side. The plateau was here thirty feet only above the river, and in quarter of a mile I came to mu.skeg with peat upwards of six feet in depth. In about a mile from the point where we got the first view, we were opposite the Woodchuck River, and in another half mile or so we were in a direct line below it. Looking back from this point of view, the Woodchuck has the appearance of being, as Dr. Bell justly observes, the central trunk of the Moose River ; the Mattagami and Mi.ssinaibi branches running parallel to it on either side. We camped at 6 p.m., being here threatened with a thunder storm.
34(h. — It was raining heavily this morning, and we remained encamped until after breakfast. The land on this point is of very fair quality, but how far back it extends is doubtful. On the beach, I now estimate that twenty per cent, of all the loose stones under a pound weight are limestone ; although that rock is not found in place nearer than the Grand Rapids, some forty miles distant, and not less, according to Dr. Bell's calculations, from barometric readings, than about 500 feet below this place.
The rain having abated, we started once more at ten o'clock, and about eleven arrived at the junction of the Kap-pus-kus-ka, or Kai-bush-ka-sing River, and the Matta- gami River, the former, like the Woodchuck some five miles above, coming fi'om the south-west. It will be remembered that on my way from Missinaibi to Flying Post I crossed Lake Kappakuska, from which this river flows, on the fourth day, and that I there found the first fossiliferous limestone met with on this the north side of the Height of Land. I also on the same trip, but only a short distance from Flying Post, struck the Woodchuck or Ground-hog River, which I ascended for a considerable distance above Flying Post, during the next stage of my journey, namely, from Flying Post to Mata- wagamingue. Continuing our voyage down the river, much of the country on both sides had evidently been overrun by recent fires. The banks were low — not more than ten feet frequently above high-water mark ; still, near the river the land was alluvial, and of tolerably good quality. As we advanced, river channels, now dry, but probably full of water during the spring freshet, took oflT sometimes on one side, and sometimes on the other, and at three o'clock we arrived at Otter Falls and Portage, sometimes called the Devil's Portage. We had barely got across this portage when a thunder storm came on, accompanied by such a violent hurricane and fall of hailstones and rain as I have only once or twice in my life ever witnessed. It lasted, too, so long that we were glad to camp and get our wet clothes off as soon as it was over.
25ih. — It was both wet and foggy this morning, but we got under way again at half- past six. In anticipation of the long portages, the smallness of my crew, and the additional fact that we were likely to run out of provisions, especially of pork, I was compelled to throw away a number of geological specimens which I should have liked to have kept. It was nine o'clock when we reached the next portage, called the Four Stage Portage, and nearly two miles I should say in length. Fire has passed over this locality within the last few years, and not only killed but burnt up most of the timber. Although rock now shows itself in the banks and bed of the river almost everywhere, I was much surprised to find little or no rock on the portage. There the rock was completely covered by a light- coloured clay — the same clay, most likely, as thit so general further up the river, and which I have been calling the drab-clay. Both, at all events, contain pieces of fossilifer- ous limestone from the Devonian strata below the Long Portage, and both are probably of glacial origin.
It was two o'clock before we got everything over this portage and were again afloat in our canoe. We went on for about an hour, running several rapids, and then came to where another portage was necessary. This is called Wa-zadaning, and is only about a quarter of a mile in length. We took dinner on this portage, and heavy rain coming on, waited a while to see if it would abate. About half-past four it cleared up a little, and we embarked once more. In a short time, or say about a quarter of a mile, we reached
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45 Victoria. Sessional Papers (No. 53). A. 1882
the Ka-posh-kin-ik, or Smoking Falls. This portage is about a mile in length. The river here falls into a great chasm, and flows for some distance between high walls of solid rock in a channel which it has excavated apparently for itself. Dr. Bell calls attention to the circumstance, that these excavations are very generally on the line, and out of the material in fact, of the trap-dykes. I have myself noticed many instances of this at falls and rapids, not only here, but on Lake Superior, where, twenty-five years ago, I saw a striking example of this at the first fall on the ^Montreal River. The selection, .so to speak, of the trap-dykes is determined, not so much it seems to me by the relative hardness or softness of the material as compared Vith the rocks which are cut by the dykes, but bv the fact that the material composing these dykes is often full of joints and faces, and that gene- rally one, if not both, "walls" — that is, the surfaces of the containing country rock and the included dyke — are so detached, open, and free, as to allow of an easy parting or separation on those lines. This renders the trap, however hard, much easier to excavate than the adjacent granite or gneiss, for the action of the ice and water on the trap is such as to dislodge and throw it out in large masses or blocks which the condition of the others does not admit of, or if so, only in a much less degree. I was again on this portage struck with the circumstance, that although, from above the fall to the lower end of the rapid, nothing but rock is seen in the sides and bottom of the river, yet on the portage itself little if any rock whatever is to be found, being not only well covered with the drab clay, but with a gi-owth of good-sized trees.
We camped at the lower end of the portage, but were unable before dark to get all our things over.
26lh. — It was nine o'clock before we again got under way, in consequence of heavy rain, and having still to fetch the canoe and some of our baggage over the portage. About two miles brought us to the upper end of the Long Portage, where, on the top of a bank, one hundred feet above the river, a storehouse stands very conspicuous. This is the point at which the brigades from above, with canoe.s, exchange freights with the brigades from Moose Factory, who have ascended the river in boats to the other end of the portage. The officer in charge of those from above delivers the packs of furs to the officer in charge of the boats, and receiving the goods and provisions intended for the inland posts, each returns his own way. The storehouse stands on what has every appearance of being a plateau or tal)lc-land. The bank is conipo.sed principally of clay, but is somewhat sandy or gravelly on the top. It contains many stones and boulders, and a great many pieces of limestone. The portage is four miles in length. As seen in crossing, the surface is almost entirely sand or muskeg. The pre.sence of the muskegs convinced me that the sand reposes at no great depth on clay, and this I found to be the case when the lower or northern extremity of the portage was reached. There the ground falls in less than a quarter of a mile some 130 or 140 feet from the level of the plateau aliove to that of the river below. On examining the bank at this extremity, I found that the upper thirty feet only was sand, the other lower portion being composed of clay. We were all the remain- der of this day on the portage, and camped at the lower end, having got over the greater part, but not all, of our things.
Dr. Bell makes the fall in the last ten miles about 425 feet, which is a very sudden drop. I .should hav(' liked much to have explored the country ea.st and west of the river at this point, with the view of ascertaining if this descent was equally sudden elsi'whore. but neither time nor the supply of provisions would allow of my doing so.
27th. — Having got the remainder of our things over the portage by breakfast time, we embarked at nine o'clock, thankful that this, if the longest, wa-s the la.st portag<- that we .should have to make until we arrived at Moose Factory, distant eighty-five miles from this. The shallowness of the river — the water being excee<lingly low, and the nutiilii-r of boulders — compelled us to proceed slowly and cautiously. I landfl and examined tin- countrv a little way back from the river at two or three places between the foot of th'- Long Port-ige ami the head of the Grand Rapid, seventeen mile.s below. The result of my expeditions was invariably the .same — first, a narrow fringe or strip of dr)- land neiir the river, but quickly turning to muskeg, with peat from three to six feet, as I went bark.
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45 Victoria. Sessional Papers (No. 53). A. 1882
About a mile before we reached th<! head of the Grand Rapid we came to a perfect pave- ment of limestone, at the bottom of the river. I was on the outlook for iron ore, Dr. Bell having mentioned it in his Report, but expected to find it only on the north-west side of the river. Noticing, however, an appearance of iron on the east side, I caused the men to cross over and land me, and found a large body of ore about two hundred yards above where the rapid begins to be rough. As presented to view here, it has the appeai-ance of being a bed, and is seen extending along the bank, only partially above the water, for 200 feet in length, and the thickness at one place was as much as ten or twelve feet. It seemed to be underlaid by limestone of a rather flaggy description. The mass of the ore is "the spathic," or carbonate of iron, but at and near the surface much of it has under- gone a chemical change by which it has become more or less perfectly converted into the oxide or brown hematite. Crossing the river to the north-west side I found loose pieces of the ore on the beach for fully half a mile, and at length came to a limestone clitf at the foot of which it was found apparently in place. Here, however, it was not in a regular stratum or bed. After such examination as time would permit me to bestow on it, I came to the conclusion that this ore occurs in the form of lenticular masses, interposed between beds of limestone. However this may be, it is undoubtedly present in very large quantity, and can be very cheaply got out. I took specimens of both the iron ore and of the lime- stone found here, and we camped at the foot of the rapid.
28th. — Leaving the foot of the Grand Rapid early in the morning, we wended our way down the river, now eight or ten chains in width, occasionally examining the land on either side. About one o'clock we arrived at the junction of this, the Mattagami, and Missinaibi Rivers, forming thereafter what is known as the Moose River. Sometimes the Mattagami is called South Moose, and the Missinaibi North Moose, or Brunswick River. The junction is about twenty miles from the foot of the Grand Rapid, our start- ing point this morning. In this stretch tlie river varies from eight to fifteen chains in width, and in its present condition there was often no little difticulty in finding depth of water sufficient to float our canoe. The banks are generally lower than they were above the Long Portage. As regards the land, wherever the original plateau remains intact, it is overlaid by Sphagnum moss and peat. But the alluvial land, formed by the river out of materials furnished by those portions of the plateau that it has undermined and carried away, is good, but much of it liable to be flooded at the time of spring fre-shets, and still more so when the rivers become obstructed with ice, forming what are called ice jams. There is nevertheless a portion of this alluvial land so placed as to be out of all risk or danger from either of these sources of mischief, but the proportion of such land is I think very small. Resuming our journey at two o'clock, we were frequently troubled and delayed by the shallowness of the water ami the great number of stones and boulders strewn all over the bed of the river. We managed, however, to make other twelve or fifteen miles before we camped. Bush fires have been running along the banks of this part of the river, and, notwithstanding the heavy showers frequently alluded to in this narrative, are not yet entirely extinguished.
29th. — Having described the appearance and character of the country contiguous to the Moose River from the junction of the Mattagami to Moose Factory, in previous reports, nothing further remains to be said save that we arrived at Moose Factory about five o'clock in the evening, and were kijidly welcomed by all our friends.
The distance from Matawagamingue to Moose Factory is about 263 miles, and number of portages about twenty. Allowing for the smaller bends, of which Dr. Bell took no account, the distance will be at least 275 miles.
SOth. — I here lost my voyageur Simon, who wished to return to his family at Missinaibi Post. He knew the route well, having frequently been backwards and forwards between Missinaibi and New Brunswick, and Moose Factory. I had only, therefore, to pay him off, furnish him with thirteen day.s' provisions and small canoe, and let him go. The remainder of the day, after making those arrangements, was occupied in writing letters to send by Simon, and in calling upon friends.
Slst. — Sunday.
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45 Victoria. Sessional Papers (No. 53). A. 1882
August 1st, 2nd, Srd.— Were passed in an examination of the Census Returns, and in preparations for a continuance of my journey.
I found, and in view of the almost insurmountable difficulties and expense was glad to find, that there were no cases here requiring to be dealt with in my judicial capacity. There was indeed one matter which might have been taken up had this district been completely organized, as it undoubtedly would have been before this time had the award of the Arbitrators been confirmed. It was a case in which a servant, engaged for a term of years in Scotland, and brought out to Moose Factory in the Hudson's Bay Company's ship, refused to work, on the ground that the officers of the Company were not fulfilling their obligations to him in respect of the ration or food that he was entitled to receive. In view of the whole circumstance, Mr. Cotter, the officer in charge of the department, concluded not to press the charge, but rather send the party back again by the ship.
Until we have a lock-up and a constable in the district there can be no administra- tion of justice here, so far as I can see ; and were it not that I conceived myself to be at least usefully occupied otherwise, in obtaining information in reference to the country which may be of some importance and value to our Province, should it succeed in main- taining its rights, I should certainly have declined to return to the country until it could be properly organized.
Governor Grahame had kindly instructed the officer in charge of this department, James L. Cotter, Esquire, to let me have such provisions and other supplies as I might need, on the same terms as the missionaries in the country — a favour which I specially beg to acknowledge. I found, too, now, as always, Mr. Cotter himself most desirous of aiding and assisting me in every possible way that appeared compatible with his duty to the Company.
MOOSE PACTOEV TO ALBA.NY FACTORT.
4th. — Having obtained a fresh supply of proWsions, and guides, I left Moose Factory for Albany Factorj-, at the mouth of the Albany River, late in the afternoon, my object being simply to make sure of an early start in the morning. After we bad pad- dled about six miles, we camjied upon an island called Middleborough. This is one of several islands in t]ie estuary at the entrance of the river. They are all low-lying, and more or less wet and marshy, and liable, also, to be overflowed during high spring tides. When f he tide, however, is out, the water is very shallow all along the coast, to the west as well as to the east.
5th. — Although we were up, and off, at five o'clock, the Hudson's Bay Company's grass cutters were ahead of us, bound for tlie marshes. The little fleet consisted of nine boats, manned by four men, and cui)able of holding about five tons of grass each. The grass is taken in its green state to the factory, and there spread out to dry. The quan- tity of hay fhus made is upwards of 150 tons annually; and although there is an almost unlimited quantity of the raw material (namely, the marsh-grass), the ex- pense of thus cutting and winning or drying it is very grent.
We had not proceeded more than half a mile when, although only drawing about ten inches of water, we struck the bottom, and so damaged the canoe that it began to leak badly, and we had to put ashore as quickly a.s possible for repairs. When taken out of the water and examined, I was glad to find that the birch bark was not materially injured — simply the gum (a kind of jiitch with which the seams are covered to make them water-tight), which had been scraped ofif in several places.
This accident, which was partly owing to want of caution on the part of my new guide and bowsman, delayed us an hour, and was rather an unsatisfactory beginning, impairing as it did my confidence in the man. Starling once more, wo came, in about five miles, to where the Hudson's Bay Company's men were busily cuttiug and loading their boats with grass. Ascending a small creek until tlu' marsh became moderately dry, we landed for breakfast. The wood for the fire had been brought with us from ■' Middleb ro," and the water for our tea was taken from a keg. filled at Moose Factory, neither wood nor fresh water being obtainable here. Resuming our journey, these hay marshes stretched many miles along the coast, and appeared to extend, in many places,
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45 Victoria. Sessional Papers (No. 53). A. 1882
a considerable depth inland. We were generally obliged to keep out a long distance from the shore, which rises very slowly from the water, and is universally low, so far as we went to-day, with the exception of what is called the North Bluff, some 20 miles from Moose Factory, wliiuh is a little higher, and on that account very conspicuous. The Hudson's Bay Company have a beacon on this bluff, wliich can be seen a long way off. Many years ago an attempt was made by the Company to establish a porpoise fishery here, but it was not successful. We made tolerable progress, and finally camped for the night, about fifteen miles from the North BUiff, or about thirty-five miles from Moose Factory. To do this, however, we had to wade a considerable distance to the edge of the water, and then walk a further distance over muddy flats, so as to put ourselves out of the reach of the tide when at its height.
Last year I voyaged eastward to Charlton Island and Kupert's House; and if I may judge of the character of this westerly coast of .James' Bay from what I have seen of it, I do not know of a worse sheet of water whereon to voyage, either in boat or canoe, any- where, than this same .Tamos' Bay. The shallowness of the water, the number of boul- ders, the dearth of harbours or shelter of any kind, the impossibility of either going ashore or embarking again without wading sometimes long distances, the poorness of the camjiing grounds, and scarcity of both fuel and fresh water, are the cause not only of delay, but the source of constant anxiety and discomfort to the voyageur. Lake Supe- rior, rough and stormy as it may be, is infinitely preferable, to my mind.
6th. — We were up at break of day, but before breakfast was over a drizzling rain came on, witli wind, and altogether the weather looked unpromising. Soon after nine o'clock, however, it cleared up, and we again started. On the shore, where we had camped, I found fossiliferous limestone "in place," apparently dipping towards the north- east, at a very low angle, and underlying, if not to a greater or less extent forming, the bottom of .James' Bay. My own impression is, that this formation extends a long way to the northward, imder the waters of James' Bay. About noon we came to a long reef, composed of boulders and gravel, and extending so far out into the bay that our giiide thought it would be best to make a portage across it, and wait for the afternoon tide. While here we saw a white porpoise floundering about, and nearly stranded. As the tide was still falling we were in expectation of being able in a short tim ■ to capture him, but it found a channel sufficiently deep to enable it to escape. Considerable numbers of mu-sels, and of a very small white shell-fish, may be seen on the flats when the tide is out, and a small kind of prawn may be found in every puddle, and almost under every stone. These small shell-fish and prawns form a part of, if not the principal food of the large flocks of plover which frequent this coast.
It was half-past three in the afternoon before the state of the tide was such as enabled us to start, and when we did get off, our guide was obliged to keep well out to sea to avoid the numerous reefs and boulders. A smart breeze from the east sprang up, and hoisting a tarpaulin for a sail, we ran before it for some three hours and a half, at the end of which we had again to laud, by jumping out into the water and wading ashore at a place called "The Creek," about five miles from "Cock Point," and said to be nearly half-way between Moose and Albany. I found no rock in place on the shore here, but noticed small pieces of variegated sandstone in the shingle on the beach. The far greater part of the stones and shingle, however, was made up of limestone.
7th. — Hali-pastnine o'clock in the morning was as soon as we could again set sail. I stopped and went ashore at Cock Point to look at the boulders, which were very nu- merous, and also to search for some marine shells, of which my guide said a variety different from any yet met with was to be found here. I obtained a few specimens, but owing to its being nearly high water, they were not quite as good or perfect as I should otherwise have got. Embarking again, the wind began to freshen, and coming in about a mile to a deep bay, in crossing which it would be necessary to keep out a long distance from the shore, it was decided to land and wait for it to calm down a little before making the attempt. Here, again, there was no rock seen in situ, but among the loose ma- terial on the shore we found marble and gypsum. The latter, my guide says, is to be
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45 Victoria. Sessional Papers (No. 53), A. 1882
seen in place somewhere in the bay near at hand, at low tide. Starting again at seven o'clock in the evening, we continued on our voyage until about ten, when we went ashore and camped.
8lh. — We were storm stayed, and obliged to remain encamped liere all day.
Our camp was on a dry, gravelly ridge, near the beach, and not more than fifteen feet or so above high-water mark. This ridge ran out to a point on the west. It was only about a hundred yards in width at our camp, but seemed to become wider to the eastward. To the south and south-west extended a salt marsh, as far as the eye could reach, from the top of this ridge. The soil on these salt marshes was always clay, or rather clay marl, for it is rich in lime wherever I had an opportunity of examining them, and supported a luxuriant growth of grass, between the usual high-water mark and where the woods begin. Those portions of these marshes liable to be submerged every tide, also support a growth of grass, but it is short and thick. A variety of what I be- lieve to be "golden rod" is common on these salt meadows, and presents a very hand- some and showy appearance, witli its rich yellow flowers. Willows are first met with as we advance inland; then, stunted spruce.
I saw no rock in place, but among the loose stones on shore found fine specimens of conglomerate of marble and of porphyry. The dry ridge on which our camp was placed abounded with strswbcrries, which were now ripe, and were excellent, both as to size and flavour. Wild gooseberries were also plentiful.
Uth. — The wind having abated considerably, and the tide being favourable, our guide concluded to make another start about 9.50 a.m. The atmosphere was still thick, either from fog or the smoke of bush fires — perhaps both. We had, almost at the start, to run out nearly two miles from the shore in order to round a reef. These reefs are composed more or less of sand and gravel, and not so exclusively of boulders as many of those between Moose Factory and Rupert's house, on the south-east side of James' Bay, appear to be. Very large areas, however, are strewn more or less thickly with boulders. These are for the most part granite, gneiss, quartzite and trap. The fossil- iferou.s limestone, although largely represented in the smaller stones and gravels, is too soft to appear in the form of boulders. Nor could they long remain in that form if deposited where tliey were at all exposed to the pounding action of the ice, or of other boulders, impelled against t .em by the force of ttie waves.
10.15 a.m. — We are now at least two miles from the edge of the water, and three or four from what is the shore at high water; and yet, when there is only a moderate sea or swell, there is barely enough of water to float our canoe, drawing less than twelve inches. From perfect calm at about eleven, the wind suddenly ro.se from the north- west, and in loss than fifteen minutes the swell was such that we began to ship water, and I was obliged to throw overboard some of my largest and finest specimens to lii^hten her. To add to our troubles, we ran on a boulder and damaged our canoe, which forth- with began to leak so badly that she would soon have filled. There was iiothing for it, therefore, but to make for the shore as quickly as possible. Fortunately there was a small creek opposite, for which we made in all haste, two of us jumping out on each side to haul and support the canoe, and one remaining in to bail out the water as fast as he could. In this way we managed to reach the b3ach at the expense of a good ducking. After re-gumming and repairing t le canoe, the squall having apparently abated, we again embarked at 12.15, and battled against wind and soa for about two hours, when we were once more compelled to run ashore, to approach which we were all again obliged to get out and wade some two hundred yards. Tne coast is universally low and flat. The land rises slowly, say from 1 to 4 feet per mile, and the area submerged when the tide is at its height is very great, extending sometimes nearly as far as the eye can rench, a distant lino of willows or stunted spruce indicating the usual limit. Hat above this, aud as far inland as we went. ther« are unmistakable si^ns and proofs of older and more ancient beaches than the present, sufficient to salinfy any impartial observer that either the water is falling, or that tlie land ia rising all along tliis coast, at all events.
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45 Victoria. Sessional Papers (No. 53). A. 1882
While the other men were unloading the canoe, I struck inland with one of them to tind ground higli enough and dry enough on which to camp. About half a mile from where we landed we came to a place which did not appear to have been covered lately, although evidently submerged during spring tides. It was a long and dirty road, many holes or small lagoons, filled with mud and water, having to be waded through. To this place our tents and such things as were absolutely necessary were carried. Luckily we had a Uttle water loft in our keg, for no fresh water could be found, oven by our guides. Trunks of trees, evidently brought down by the rivers emptying into the bay, and driven ashore by wind, tide, and possibly ice, with roots almost entire, were scattered here and there over the wet salt marsh, as it might properly be called. These furnished us with a scanty supply of wood, the greater part being much too wet to burn ; consequently we had but a poor fire. It was altogether one of the most miserable cam2JS, and the worst nights I passed this season. The tide would return and be at its height about midnight, when we ag*iiu proposed to embark, but the weather was what sailors mightcaU " dirty," and we knew that where our canoe and baggage had been left would be covered with water, and possibly the very sjjot on which we were encamped, should a storm arise from the north.
Before dark our canoe was put in a puddle and carefully anchored, or moored, to a big boulder. The baggage which had not been carried up to the camp was replaced in the canoe and thus left. The night proved dark, and as the wind did not calm down, we abandoned all idea of getting off by the night tide.
10th. — I felt too anxious about the canoe, and the possibility of the water rising so high as to submerge our tent and drown us out, to sleep much, and at the first dawn of day started for the edge of the marsh to see if the canoe was still there and all right. I was glad to find it pretty much as we left it ; and lifting up the tarpaulin to see if there was any water in her, and whether our things were wet or dry, was surprised to find Sailor and Jimmy there fast asleep. It seems that after we had retired to ovir tents it occurred to them that it would be safer to sleep in the canoe, so as to be ready for any emergency, and without my knowledge they had slipped away and passed the night in the canoe. Jimmy, who knows this part of the coast well, made another long and unsuccessful trip in search of fresh water. It was a quarter to twelve before we got fairly under way again. The weather was now tine and settled, with a very light breeze from the west. Following a course between N.W. and W.N.W., in two hours we came in view of the entrance of Albany Eiver, and in half an hour there- after passed Jackfish Eiver. In another hour we may be said to have fairly entered Albany River. The smoke of bush fires renders the air so thick that we cannot clearly make out the north bank of the river. We kept along the south-east side, on which there are very extensive marshes growing splendid grass, and from which the Hudson Bay Company's Post at Albany is supplied with hay. At 4.20 p.m., or about two miles from what I have assumed to be the entrance of the river, we were opposite to the first island of a continuous group, which divides the river into two or more channels for many miles. At 5.30 p. m. we were compelled to go ashore, a heavy thunder storm coming on, with wind and rain. Here we got a cup of warm tea and something to eat, having had nothing since early morning. Again starting, we reached Albany Factory at seven o'clock, and received a cordial welcome from Mr. Broughton and from his amiable and accomplished wife, a daughter of the Bishop of Moosonee.
I roughly estimate the distance from Moose Factory to Albany at about one hundred miles.
Albany Factory is, like Moose Factory, situated upon an island, one of a chain commencing some distance below, and extending about twenty miles above the Post. These islands are rather low, and the soil is, I think, for the most part alluvial. They are generally wooded, the timber consisting chiefly of poplar, spruce and some aspen. The area or quantity of land under cultivation is very limited. Potatoes are regularly planted and usually come to maturity, but the crop is neither as large or certain, nor is the quality as good, as at either Moose Factory or Rupert's House. With the ex- ception of a little garden stufT, no attempt, so far as I can learn, is made to raise any
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45 Victoria. Sessional Papers (No. 53). A.. 1882
other root3 or cereals. I am satisfied that, for some reason or other not very obvious, the cHmate here is less favourable for agricultural pursuits than at any place I have yet visited north of the Height of Land.
Cattle, of which a large herd is kept at Albany, thrive very well. There is abun- dant and good pasture on the islands, and the mirshes are capable of supplying an almost unlimited quantity of hay. The place is never safe from destruction by the floods and ice in the spring. A number of years ago, but still within the recollection of many people living in the territory, all the Company's cattle, some sixty head, were drowned. And last j'ear the whole island was submerged to a depth of more than six feet, and considerable damage done. ( Vidr Report of last year. )
There is both an Episcopalian and a Catholic Church here. A resident missionary, the Rev. Thomas Vincent, is maintained by the Church Missionary Society of Eng- land. The Catholics are visited every summer by the llev. Father Nedlec, from Temiscaniingue, on the Upper Ottawa.
The resident population is considerably less than at Moose Factory, but the number of Indians resorting here to trade is greater than at Moose.
I remained at Albany the 11th, 12th and 13th of August, superintending the taking of the census, which, with the assistance of Mr. Broughton and the Rev. Mr. Vincent, was satisfactorily accomplished.
Mr. Broughton very kindly obtained two men to accompany ub as far as Martin's Falls, and provided me with such further supplies as we needed for the journey.
FRO-M Al.HANV TO MARTIN'S FALLS.
Aiugnst loth. — Monday. — The summer wa.s unusually dry in the Norili, and more especially was this the case at Albany, at which place, imtil the day of ray arrival, there had hardly been so much as a shower for upwards of two months. Among other inevitable results of this prolonged drought, the most striking were the extreme lowness of the water in the Albany River and its tributaries, and the prevalence of buah tires. As regards thft former, an Indian, whom we met with his family on the second day, told us that he had never seen the water so low; and the fire had with short intervals either recently burnt over or was still raging on both sides the river all the way from near Albany to above Martin's Falls. The Albany River, like the Moose, contains many islands. These art; particularly numerous near the outlets, or estuaries. For nearly 20 miles above Alljany Factory the river is split or divided into two, three or even more channels by these islands. The full breadth of the river cannot be estimated by the eye.
It was through and among these islands that the first day's journey lay.
Starting at 7 a.m., we stopped on an island for breakfast at 8. This island is about as far up as the tide ordinarily extends. While breakfast was cooking I e.\plored the island, which was so low as to leave no doubt as to its l)eing swept over by the spring flood. I gathered a few plants, particularly a species of wild onion of gootl but very strong flavour, but capable no doubt of being improved by cultivation. It struck iiit as possessing two important qualities — namely, that the seetl deposited in the fall is capable of with- standing the intense cold of the winter; and secondly, the rapidity of its growth and early maturity — for the plant was fully grown and the seed nearly ripe even at this early period. It is used froqucntly, I am told, by the natives. Many pieces) of fossiliferous limestone were strewn over the island, but it was not seen there in place.
At 9 o'clock we again started. Banks of river 12 to 1.') feet only in height. Soil, clay. Timber stunted; spruce and j)oplar, few more than 1 foot diameter; course N.W. 10.50 — Rapid, with rise of 2 feet in 30 or 40 yards, over boulders. 11.10— Rapid, rise 2 feet; course west 11.20 — Rapid, rise 6 feet Banks relatively lower as the bed of the river rises ; height only about 9 feet. Flat limestone in plac all along Ixittom of this rapid. 11.45 — Still ascending rapid, rise 3 feet. 12.15 — Took specimens of limestone from bead of lost rapid. 12.45 — The channel we follow, only 3 chains wide, joioii another and becomes 6 chains wide, with the usual S.W. course.
1 p.m. — Met an Indian family in a couple of canoes on their way to the post, very wretchedly clad and seemingly poor. Strong rapid, the top of which is attained after
46
45 Victoria. Sessional Papers (No. 53). A. 1882
half an hour's hard poliug. Rise 5 feet; course S.W. 1.30 — Go ashore for dinner. Saw- fresh track of a large bear. 2.15 — Embarked again. Timber : stunted spruce, poplar and tamarac. Banks low, 6 to 9 feet. Found a large flat shell here on beach.
Another branch of river on north side. River now 1.5 chains in width, and deep. Burnt recently on both sides of the river, and apparently still burning a little way up the river. 3. 10 p.m. — The men tow the canoe, taking turns. Bank on east side 20 feet. 3.45 — Come to Big Falls Rapid, where, in this low stage of the water, it was necessary to port- age some things. Lost an hour. 4.45 — Embarked again. Rise since dinner not less, I think, than 10 feet; course still S.W. Width of river now 15 to 20 chains. Lower part of banks, clay. Still among islands. Stones mostly limestone, with boulders of granite, gneiss and the dark quartzite of Dr. Bell. 6.10 — Course west. A few aspen here. 6.20— Camp.
16th. — Start at 5.30. Still passing through islan'ds. Saw wild geese, seemingly full grown. On expressing surprise, was told that these were last year's birds, and that they do not breed the first year, or until nearly two years old.
Timber on island poor — spruce and some poplar. Banks 20 to 30 feet in height, mostly composed of shingle-gravel or sand, resting most likely on clay, which is in turn underlaid by limestone. Saw no limestone in situ at last camping place, but much loose along the beach, showing " favosites," — a large, flat, ribbed or radiated shell, and another aboiit the size of a small walnut, sometimes smooth and at others marked like the cockle. I found also another curious "cylinder" or "pipe-stem" fossil. 6 a.m — Boulders of spotted quartzite, limestone and gneiss, few more than half a ton in weight ; course S.W.
Although some of the islands may be composed of alluvium sand and gravel deposited by the river, others are simply the remains of the plateau which the river is destroying, and consist chiefly of the clays, etc., which have formed the bottom of Hudson Bay, when its waters covered this part of the basin several hundred feet in depth. 7 a.m. — John Driver picked up two fine specimens of large, flat, radiated shells, which he thinks came from the clay underlying the shingle.
7. 1 5. — Went ashore to breakfast near the head of the last of the chain of islands, which extends almost unbroken from this to the mouth of the river.
16th. — This island consists of alluvium of gravel and sand, reposing on " blue clay." Broke a specimen of "cylindrical fossil" from a block of limestone, and took a sample of the " blue clay."
Started again at 8.15, and at 8.30 reached the head of the island, and united channels of the river. The width is now about a quarter of a mile between the banks; course W.S.W. 9 a.m. — Bush fire still burning here. Bank 20 feet to 23 feet in height. No rise or inclination as we go back. 9.25 — Rock in bed of river. A small stream joins on the south side. A few small, straggling aspen are to be seen here and there.
10.10. — Recent bush fire on the S. E. side; the ground still smoking. On opposite or N.W. side the timber is green and small, having been burnt over some twenty years ago. 10.50. — River contracts to 300 yards, with rapids.
11.30. — Went ashore to walk on S.E. side of river. Top of bank 30 to 40 feet above present level of the water. Went back and found a deep covering of green moss (Sphag- num), and the plants usually associated therewith. James Saunders went back a little lower down, and found a sandy, dry soil and poplar. This was probably near some creek or stream. Lower part of banks "blue clay ;" above this shingle, gravel or sand. Dinner from 12.30 to 1.30. 2 p.m. — A little stream called Otter's Foot joins on S.E. side. The air is thick with smoke this afternoon. Very little timber, and where any, young. Made slow but steady progress, and camped at 7 p.m. Have made, I consider, about 18 miles again to-day.
17th. — Up early. Called men, and started them to gum the canoe. Packed my specimens and started at 5.40 a.m.; course S.W. 6.30 — S.W. Recent bush fires have run along banks on both sides of the river. 7.10 — A creek on west side. 7.50 — Another creek. Stopped one hour for breakfast. Bank on S.E. side 45 feet in height, with a
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45 Victoria. Sessional Papers fNo. 53). A. 1882
growth of aspen. The spring fre.shets do not appear to have risen more than 25 or 30 feet in recent times. Four-tifths of the lower part of the bank "blue clay," with a variable thickness of " river sand " on the top. Few large boulders are seen in the clay, but some smaller ones and stones. Hardly any stones in the sand. Course at 8. .50 between S.W. and W.S.W. First fresh water mussel seen on this river. Fossils much worn ofT the pieces of limestone, but saw a few pieces containing small "favosites." Many pieces of red and brown jasper on the beach. 1 1.30 — Slow progress. A strong current always and frequent rapids, requiring the constant use either of the tow line or setting pole.s. From 11 a.m. to 1 p.m. we passed a group of three islands. Boulders 7nostly ot" Laurentian rock (with a few possibly Huronian, but this is doubtful). Limestone in pieces only of moderate size, and in the shingle. Dinner from 1 to 2 p.m., after which we again started, and came about 4 p.m. to two other islands. At the upper end of the lower of the two islands the hard day stands out like the prow or cutwater of a ship, 20 to 2.5 feet in heio-ht, presenting a very singular appearance. Strong rapid just above. A short distance above this rapid we were obliged to camp, heavy rain having come on.
ISth. — Our camp was on the top of the bank. A little way further back there was a deep covering of Sphagnum moss.
Started at 6 a.m. Strong cui-rent. Progress slow, owing to that and the shallow- ness of the river. 8 a.m. — Went ashore on N.W. side of river and had breakfast, start- ing again at 9 a.m. Average course about west.
Found a piece of limestone at breakfast-time full of fossil shells like cockle shelb, others contained "favosites." The limestone, however, is not quite as common. A banded siliceous slate carrying flint or schist is more abundant than before. Some varie- gated sandstone and purplish shale among the debris, but no solid rock visible. Timber, a second growth of poplar, a.spen and spruce. The bottom is almost always composed of stones of varying sizes. Gravel and sand could not withstand the strength of the current unless protected by larger stones. Much of the Jiner material is carried over the lower banks, and deposited on the flats on each side the river by the violent floods in the spring. The river has several channels often at that time. 11.30 — Recent tires on N.W. side; ground still smoking.
12 noon. — Course for a long stretch W.S.W. Strong smell of peat reek from burning mosses. 1 p.m.— Course S.W. for the rest of the day. Went ashore on the N.W. side for dinner. While cooking, I walked back to where the fire was burning. It was con- fined almost entirely to the ground, which was composed of rotten wood and peaty matter. In its course the tire destroyed not only the peaty soil, but the roots of the aspen, poplar and spruce trees, most of which were too green themselves to burn above the ground. The result was that over large areas the timber was either tottering to fall or already on the ground, and effectually prevented any further explorations. Another tire in a few years after this fallen timber l>ecomes dry will probably clear up the ground ; but should no tire occur it seems likely that the growth of Sphagnum moss and accumulation of peAt will in course of time bury the timber so prostrated, and tlii.' may account for the existence of trees in such large numbers in peat bogs both in this and other countries.
At 2 p.m. sUrted again. I noticed that the blue clay at the edge of the water was honeycombed with little round holes about the size that might be made by a knitting- needle. On examination found them to contain a bright red worm or grub about U inches in length, probably hatciied from the egg of some fly or aquatic insect, but what kind I do not know. They po.s8es.sed the power of burrowing in the chiy so long as it was moist and soft.
While speaking of insect-s, I may mention another remarkable peculiarity attending on the propagation of a species of horsefly, called the deer-fly. On my first trip to Moose, when passing down the Abittil)i Itiver, my guide calle«l my attention to a patch of flies clin"ing somewhat in the manner of a swarm of bees to the under side of a dead tree which leanl'd considerably over the water. I caused the men to stop in order that I might examine it. I found that it was composed of gad-flies, mostly either dead or in a eoma- tobc condition, but some still alive. Beneath the flies, and hidden entirely from view, were concealed a mass of fly-blows or eggs. On further examining these with a magnify-
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45 Victoria. Sessional Papers (No. 53). A. 1882
>1...I. from tbe%c«reUi„g h»t o IhrS d d„ snn firfl 1 TT ' ""»'"''•
Mmmm§m
J»d'S":''"''"''°"""°'''-""'""°''»i8'"^ b„„l count,,; ,i„, four hunfcd
We are now, I roughly guess, about seventy mUes above Albany Factory
»„.. ... ../„„.. .d. „r'r*4'n K- Jeter jKr^i\'st4S
45 Victoria. Sessional Papers (No. 53). A. 1882
Course of river here turns slightly to the southward, by S.S.W. Aspen, poplar and willow, boil here probably good, but likely to be flooded in the spring. 12.45 — Now clear of the head of the island. Eiver broad and free from boulders, as it was also at the head of the last island (Barebones). 2.15. After ascending several rapids, went ashore to get dinner. While it was preparing, I walked back to examine the country with James Saunders. The timber on the bauks was spruce, aspen and poplar, with aome tamarac and a few white birch of middle size, some of the spruce being about five feet in circumference, and aspen about two and a-half or three feet circumference. Airived at the plateau, Sphagnum moss soon appeared, and in less than a mile the only trees left were those of tamarac, here called juniper, much scattered, and not thicker than a mau's arm. The peat gradually uicreased in depth until it was five feet in thickness where we turned back. The peat was underlaid by clay, and that pro- bably nearly level. The increased thickne.ss of peat is owing to a nse in the surface as we recede from the river. We find on these mosses a very small, but fine, variety of cranberry not yet ripe, cotton grass, Labrador tea shrub, etc., of which I made a col- lection.
We found several pieces of somewhat impure lignite on the shore, but did not see it in situ. While at dinner, an Indian family visited us. It consisted of father, mother, one son fifteen and another about five, and of two girls, the elder about eight and the younger two years of age. They appeared very poor — poorly clad and poorly fed. The oldest girl was at least half white, and much more than half naked. Gave them the remains of our dinner and a little flour, as they did not appear to have any- thing whatever to eat. This is evidently a hard country to live in, neither game nor fish being abundant.
It was nearly 4 p.m before we got under way again. Course W.S.W. 6.30 — Course S. W. — We come to an island called Cease-in-a-ga ; long and strong rapid, with an ascent of probably four feet.
Saw no more lignite nor rock in place. Indeed I have met with no solid rock since the second day after Jeaving Albany.
Camped at 7 p.m. Distance from Albany say eighty-five miles.
20th. — Started at 5.45 a.m., and at 6.10 came to upper end of the island last mentioned, where the channels unite, and the course of the river thereafter is W.S.W. Kiver wide and shallow, with few if any boulders, gravelly bottom, and banks ou south side unusually low. The blue clay with shells crops out at the head of the island. This blue clay is not, in my opinion, the drift clay commonly so called, but similar to, if not the same, as the clays now forming in the James' and Iludsou's Bays.
7.30 a.m. — Opposite to the Chepy, a large tributary on S.E. side. Timber — aspen, poplar and birch. But little spruce here. 8 a.m. — Country overrun by recent fires. Went ashore to breakfast. Gathered pieces of limestone containing fossils resembling fishes' teeth, others showing shells and fuci or seaweed. Was visited by three Indians, camped with their families near the mouth of the Chepy River. They were seemingly better ofi' than those jireviously met with. They informed me, in answer to my inquiries, that the country was all muskeg from this to Moose lliver, and that there were lakes or sheets of water so largo that trees could hardly be seen from one cud to the other. These lakes are most likely on the rivers, and have been scooped-out, as it were, by them, in the clay plateaus. At 9 a.m. we embarked again. River narrow, being DOW only three hundred yards in width. This is partly owing to the loss of the wat-or contributed by the Chepy, but principally to greater depth. 10.40— Course S.W. Fires on both sides; banks low ; boulders few; any quantity of stones and gravel; not 30 much limestone as near the mouth of the river. 1 p.m. — Dinner on north side. While cooking, penetrated inland. First, a belt of dry and fertile soil, bearing healthy aspen, birch and spruce. Secondly, belt through which fire had ]>aesed, merely burning the surface and small spruce. Beyond this muskeg and small tamarac, where the fire bad burnt only in patches, and that the lower places, the wet spouge-liko hummucks of Sphagnum moss being hardly touched. We could see nearly a mile arouifd, and vrLerc we turned to come back the peat was about seven feet in thickness. There
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45 Victoria. Sessional Papers (No. 53). A. 1882
was no suu, and on our return, my guides would, I think, have lost themselves but for the compass which I carried. Give him the sun, and an Indian will re- turn to within a few yards ot where he has started from. Or if the ground is of a nature to retain any mark or impression of his footsteps, they can follow the trail back with wonderful speed and precision ; but, deprived of these means, and they are as much if not more abroad, so to speak, than the white man who has been used to travel through the woods. The fact that fires were burning all around made it somewhat unpleasant being lost, even for a short time. Started about 2.80. At 3.20, course W.S.W. 3.45— Went ashore to walk on N.W. side. 4.10— Found limestone in place. It was visible only just at the water's edge, and could hardly have been seen but for the unusual lo\vne.ss of the water. It was traceable for nearly half a mile, and I took some hurried specimens. The bank here was exceptionally high, seemingly forty-five or fifty feet. 4.50 — Course S.W. We passed a river called tlie Fishing Eiver, on the south side, about one o'clock this afternoon.
Camjied at 7 p.m. on north side. Made 15 miles to-day; in all, say one hundred miles from Albany.
21st. — Sharp frost again last night. Reminds one of what are called the "Iron Nights" in Norway, said to occur frequently about this time of the year, and to be so in- jurious to the crops there. Here, as there, the future population should never rely or be solely dependent on agriculture alone, but keep as many cattle as pos.sible. Fish, also, should be bred in lakes and ponds. Geese, also, might be raised and fattened in vast numbers, the wintering and protection of the old ones being the only expense. With potatoes, clover, and various aquatic roots and plants, which could, I believe, be procured and stored without difficulty, the cost of wintering the old geese would, I think, be very trifling as compared with the value of their produce. The beaver, too, might, I think, be successfully domesticated, and would prove an important acquisition. The reindeer, already domesticated in the North of Europe and Asia, might be introduced, and would prove of the highest importance and utility to an intelligent, prudent, and industrious people. Such a race of people can live, and live well, even in this country. Started about 6 a.m., from 6.30 to 7. 15 passing an island. 7.30 — Solid flat rock in bottom, prob- ably limestone. 8 a.m. — Breakfast. 9 a.m. — Start ; course W.S.W. Limestone in place ; fossils, chiefly "seaweeds" and "favosites." So far, for nine-tenths of the trip, whether poling or towing the canoe, our guide has kept to the northern bank of the river. I asked him the reason of this, and he answered, it was because the water was deeper on that (the north) side. As the limestone forms, to a great extent, the bottom of the river, the course or bearing, as well as the fall of the river, is controlled and regulated, in a great measure, by the bearing and dip of the underlying limestone. Assuming the course of the river to have been a little to the south of south-west, and north of north-east, the phenomenon alluded to may be owing to the dip of the strata being a little more northerly, or say north-north-east. If, on the other hand, the course of the river be east-north- east, the dip may be somewhere betwixt that point and north-east. This supposition is borne out by the fact that the banks on the north side are generally higher and more abrupt than on the south, and that the river appears to be undermining and wearing away the north, and making land on the south side. At present the bank is 50 feet in height on the north, but only 1 2 feet on the south side, near the river, although it, no doubt rises gradually, even on that side, to the level of the plateau through which the river flows. 9.45 — Pitch pine, about a foot in diameter (first seen), on the north side ; spruce on the south side. No more pitch pine, so the men say, till we come to Martin's Falls, another hundred miles up. 10 a.m. — Country burnt or burning on both sides of river. 10.15 — A remarkable large boulder on south side, black, with a white-looking top, as seen from the north side. Very few boulders here, and fewer rapids also ; river half a mile in width and current moderate. 10.35 — Rapid; limestone in bottom of river. 11.10 — -Limestone in bottom since breakfast. 12.30 — The river becomes deep and the current much more moderate than it has been at any time since we left Albany Factory. Riverquarter of a mile wide and banks rather low. 12.50 — Small brook joins, called Nest Creek; not much water in it at present. Went ashore on the south side to dinner at
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1.30. While cooking, went back to examine country ; passing through a narrow belt of woods next to the river, soon came to muskeg with peat n feet in depth, reposing, as usual, on fine blueish clay. Saw a brood of spruce partridges. This bird bears a greater resemblance to the red grouse of Scotland than any of the species I have met with in this country ; they are sparingly found everywhere from the Height of Land to the coast, and probably breed and feed on tlie drier muskegs or peat mosses. Started on- ward again at 2.45; course still W..S. W., current moderate. Plateau on south side 50 feet above the river. A large boulder of gneiss, 2.5 tons in weight. Such boulders are rare here. 4 p.m. — A nice aspen point on north side. 4.10 — Solid limestone in bottom of river. 4.30 — Another fine aspen point on north side of river. River very broad and shallow.
4.45— Course W.N.W.
5.15— S.W.
6 p.m. — -W.S.W. Banks in course of denudation on north side, but making ground on south side. 6.20 — River now wide and shallow, forming bars of gravel, but no boulders or large stones; banks low, and no indications of great destruction by ice.
Camped about 7 p.m. opposite Old Henley Post, of which nothing now remains.
The land on tlie point upon which our camp is situated appears to be good, with fine clean spruce from 4i to 6 feet circumference.
Say 120 miles from Albany.
22nd. — Started at 6.30 a.m. ; course W.S.W. Cold again last night, but not so cold as the two previous nights. River 200 yards wide from margin to margin of water, but 300 yards from bank to bank. Timber on top of banks or plateau, spruce chiefly. 7.45 — Went ashore and walked for a while. Heard the hum, as I thought, of many bees ; found it to proceed from vast numbers of wasps, which were searching diligently among the leaves of the willow bushes in an excited manner. On looking to see what they were searching for, I found that on the under-side of the leaves and on the stalks there were many plump and fat little aphides, on which I came to the conclusion that the wasps were making a sumptuous breakfast. Got our own breakfast. We found the Hudson's Bay Company's pork and flour very stale, and inferior to that we have been used to in Canada, and did not fare sumptuously on this day, nor on many other days, li it had not been that I fared iw better than my men, some of them would have complained bit- terly. Started at 9 a.m ; course between S.W. and S.S.W. I suspect, from the absence of solid rock, of rapids, of large boulders, and of the strong current so character- istic of this river, that a S.S.W. course, as at present, is somewhat crossways in relation to the dip of the limestone formation. Soon after the solid limestone appeared in the bottom of the river, and seemed to bear out the above views. 9.50 — Cour.se S.S.W. Solid rock in bed of river on this (the N.W.) side ; less indications of it on the S.E. side. We passed a small island about Vireakfast time, and are now near another small brook oppo- site this island. The N.W. side being too shallow, our guide crossed, and found deeper water on S.E. side; rock bottom throughout. 10.50 — Opposite upper end of island; current stronger — almost a rapid. Course now W.S.W., or 45" west of its previous course. In a few hundred yards, however, the river bends slowly round again towards the south, until we pass another (the second smiiU island), when it resumes its old conrse of S.W. to S.S.W. It is a lovely day, and this stretch, which extends, the guide says, up to the junc- tion of English River, is the finest we have as yet come to on this river. The river is 300 to 350 yards in width, and the surface extends, calm and unbroken, for several miles; banks from 15 to 25 feet in height; timber mostly a second growth, the country having, apparently, been burnt over five or six years ago. At 12 o'clock exactly, we came to the junction of the English, or Kenogami River, with the Albany River, say about 130 miles from Albany Factory.
The English River, or Kenogami River, would appear to be the main river as the junction is approached, being almost directly in the line followed for some miles previously, that is S.S.W., whereas the Albany here turns off sharply to the westward, and does not appear to contain half the water it did below the junction. The Albany, which was 300 yards in width, is now reduced to about 100 yards, with a strong current and frequent
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lapids; whereas, as far as we can see to the southward, the Kenogami is smooth and placid. 12.30 p.m. — Pursuing our journey up the Albany, our progress was very slow, owing to the rapidity of the current and low state of the water. The course of the river was at first irregular and in short stretches, varying between north and south, and at 12.45 was due west. 1 p.m. — Banks 35 to 40 feet in height on north side; current still strong : course W.S.W. 1.30 p.m. — It would appear as if other channels branching off at this point took water into the Kenogami during the spring freshet. Course W.N.VV. 1.40 — Go ashore for dinner. 2.50 — Start again. While dinner was cooking, I went back and found the plateau, 55 to 60 feet in height, and composed of clay from bottom to top. This clay was full of pebbles and stones, but few of these were large. They were composed chiefly of granite, gneiss, quartzite, and trap; also limestone, of which last and the clay itself I took specimens. This is not the true " blue clay" nor the true " drab clay," I think, but may be the drift. 3.10 p.m. — Course since dinner S.W. 3.20 — West. Rock ; a spotted shale, brown and blueish gray, similar to that noticed by me as associated with the lime- stone on the Abittibi River, near Red Clay Portage. Took specimens of this rock. 3.50 — Strong rapid ; course N.W. 4.30 — Course W.N.W. ; strong rapid ; less limestone. 5.20 — Course W.N.W. still. The variegated shale rising gradually on the bank as we proceed on this course, which is nearly, I think, but not quite, on the strike of the strata. I think that the true strike here should be about N.W. and S.E., with a dip to the N.E. It ap- pears as if the drift clay rested immediately on the variegated shale. I went ashore and satisfied myself on this point; and further, that the variegated shale is upwards of 25 feet in thickness, as seen on the north side, to which at 5. 45 we passed over. Camped at € p.m.
Distance from Albany Factory, say 137 miles; distance from junction of Kenogami, 7 miles.
23rd. — Started at 6 a.m.; course W.N.W. The pinkish-brown-coloured banks on the west side of the river, shining in the morning sun, shaded, as we ourselves are, on the east side, look striking and peculiar, even pretty, cut into gable shapes as they are, with aspen, birch and spruce trees seen in relief against the clear blue sky. The morning is cool and pleasant, and we are not pestered with mosquitoes or black flics. River 200 yards in width, with a rapid but smooth current. Very few boulders visible in the bed of the river. They are more numerous, however, on the points and along the banks. 6.30 a.m. — Course N.W. The stratum of coloured claystone or shale, which the guide calls pipestone, keeps its height or level above the river steadily on this and preceding stretches, the height possibly a little lower on this stretch. The rise in the river itself must be at least three feet per mile. 7.10 a.m. — Course nearly due west, or a little north of west. No variegated shale to be seen now upon the north side, and the stratum is lowering on the south side, and must soon disappear below the level of the bed of the river. 7.50 — Course W.N.W. 8 a.m. — Strong rapid. Timber chiefly aspen and birch, there being very little spruce here, as far as I can see. 8.15 — Breakfast. 9.15 — Started again. At the very edge of the water, found a light-coloured clay or shale like that which formed the upper part of the variegated bed which we have been endeavouring to trace. This clay shows stratification and cleavage when dried. When moist and soft, near the edge of the river, it is bored by the larvss of the same insect before described. I here took specimens of both. On the south side the bank rises more gently from the river to the level of the plain, and is nicely wooded down to near the edge of the water. 9.55 — The bank on the north side is now higher, and shows variegated shale in the lower part. 10 a.m. — Course N.W. The upper, or light-coloured portion of the variegated clay-stone or shale is now eight feet above the water on the north side, but is lowering slightly (rela- tively to the river) on this stretch. 10.05 — Course N.N.W. The fall, or, as we are going, more properly the rise, in the river is very gentle here, and the formation alluded to keeps its level. This would indicate that the dip, if regular, is about E.N.E. 10.30. — Course N.W., with considerable rise in the river. 10 40 — Course W.N.W. The varie- gated clay now seen in bank on the south side, twenty feet above the water. 10.45 — Strong rapids. 11 a.m. — The rise in the river being excessive, probably not less than six feet per mile for the last two miles, we have risen, I suspect, above the level of the
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variegated shale, or otherwise it has cropped out, for it is no longer visible. 11.25 — A. coarse red or yellow sand, in right bank, similar to that I have seen on the Abittibi River, where the same strata crop out. 11.35 — Course N.N.W. 11.45 — Bank about sixty feet in height on the north side, very steep, and composed almost entirely of drab- clay, with a slight appearance of redness about twenty feet up. 12.05 — Course N.W. and N.N.W. 12.50 — Recent marks of ice on trees twelve to fourteen feet above the level of the water. 1 p.m. — Bush- fires ahead of us on both sides of river. 1.15 — Some- thing like the outcrop of limestone at the bottom of the bank on right or north side. There are some indications of reddish shale in the bank above, but not decisive, as it may be the drab clay discoloured by ferruginous springs, which are not uncommon. 1.30 — Stopped for dinner. 2.40 — Started again; course a little north of west. 3.15 — Smoke becoming very dense. 3.35 — Rapid and reef ; rock in bottom. 4 — Went ashore to ex- amine an exposure of solid rock on the south side. I expected to find the variegated clay, but found it to be rather of the nature of a fine-grained soft sandstone. I could see no fossils in it ; but large angular pieces of loose limestone contained numerous, but obscure, fossil remains. I took some .specimens. 4.30 — Two small islands, and a long .and strong rapid. 5.10 — A third island; course N.N.W. Quantities of loose pieces of limestone on beach, along with rock last mentioned. 5.30 — Bank on south side 75 feet in height, and in quartei; of an hour we come to where the Sturgeon River joins ; a large bed, but almost dried up. 5.55 — Course W.N.W. 6.15 — -Strong rapid. 6.40 — Camped on north side. The limestone crops out here. It is a fine-grained, yellowish- white, with a band of coarse crystalline, brownish limestone, apparently can-ying few, if any, fossils.
24fh. — Started at 6. 10 a.m. ; course N.N.W. Strong rapids, with flat rock at bottom of river. In a moderately strong rapid my voyageurs make about fourteen strokes or pushes, with their poles, per minute, but not more than ten strokes in a strong rapid. They gain from one to four yards each stroke. Sometimes where the rapid is not only strong, but the channel obstructed by sharp rocks or boulders, the guide, whose place is in the front or bow of the canoe, has to exercise a groat deal of judgment and caution in the selection of the safest and best channels. This knowledge is only acquired by long ex- perience. Both the guide and the steersman must be pos.sessed of coolne.ss and presence of mind, and of considerable bodily strength. They must also understand each other thoroughly by word or sign, so as to be able to act together. The keeping of the canoe straight up and down the current depends almost entirely upon them, the function of the two or more middle men in the canoe being to supply additional motive or propelling power. If the canoe is allowed to fall off or take a sheer, the situation becomes critical in the extreme, if not dangerous ; the united strength of all the men could not hold it up, if loaded, against a strong rapid acting on its side, and if, carried down in that position, it strikes on a rock or boulder about midships, it is instantly overturned, or broken in two. In many rapids — and such have been met with daily, sometimes hourly, in the course of our trip— an accident of this sort means the loss of provisions, clothing, and other thing.s, and possibly the canoe itstdf and all on board. The canoe, however, must be very badly broken if too far gone to be temporarily, at least, patched up by good canoe men, for the forest itself almost everywhere furnishes the material for so doing. The wliite birch furnishes the bark, the cedar supplies the ribs, the taniarac the sewing or lacing materials, and the pine and spruce trees yield the pitch or gum. The lightness, and the ease with which it can be repaired, if damaged, are a<lvantage8 which the birch-lmrk canoe has over the boat. On the other hand, its frailty and the ea.se with which it can be dam- age<l are its chief drawbacks. In those rivers whose banks are sufficiently clear of tree* and bushes to admit of the use of the tow-line, and where the portagea are not too long, experience seems to have decided in favour of the boat for the transport of freight. These are employed by the Hudson's Bay Company on the Abittibi and both branches of the Moose River as far up a« the Long Portages, and on this (.-Mbany River) all tlie way from Albany Factory at the mouth, to Osnaburgh House on the Height of Land, some 500 miles distant. In old times they used, I am told, to go as far as Lac S<;ul Post — one hundred miles further still. These boats, or batteauz, carry al>out five tons. The
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labour attendant on this mode of transport, and the amount of trashinrj, if not posi- tive hardship endured by the voyageurs on these trips, can hardly be realized by those who have not been over the routes thus travelled. The voyageurs, tliis last summer, were eighty-five days on the trip from Osnaburgh to Albany Factory and back. Of this, they were'fuUy fifty days, I believe, on the return trip alone. The expense of this mode of transport must also be very great. We have now reached the head of a long stretch of strong rapids, and I estimate that the rise from the mouth of Sturgeon River to this point (not more than two miles in a straight line) cannot be much less than thirty feet. The current is still strong, but smooth and unbroken. The course, due north by compass. Timber — spruce, poplar, aspen, white birch, mountain ash, tamarac, alder and willow ; few cedar as yet, and those only small. The fire has not run through or over this part of the country lately. Solid limestone in bottom of the river and in the lower part of the banks. 7.55 — Went ashore to breakfast, on east side. While breakfast was cooking, I went back to examine the land. Found two distinct plateaux, and in some places an. appearance of even three.
1st. — That above the immediate bank, and regularly flooded every spring. 2nd. — A. plateau about twenty -five feet in height, and above the reach of floods, but periodically burnt over by fire.
3rd. — The main plain, fifty feet in height and covered with muskeg or peat-moss. At less than a mile back from the bank of the river, we were unable to find the bottom with an eight foot-pole. The peat reposes on a fine bluish clay. Took samples of the clay and peat from this place.
Started again at 9.15 a.m. ; course, N.N.W. At 9.30 a perpendicular bank of blue clay, hardly any stones or boulders to be seen in it. When these banks of blue clay slope gently down to the water, the stones and boulders reposing upon, and in some cases sunk into it, do not, in general, I think, properly form any part of this deposit, but have, for the most part, I suspect, been brought there by the water and ice of the river, or otherwise. 9.40— Course, north. 9.50 — N.N.E. Strong rapid. 10 — N.E. Ground making here. Clay banks forty feet in height, with five or six feet of peat on the right.- Aspen point on the left. 10.15 a.m. — Course, N.W. Bottom all stones, but no solid rock, and very few large boulders. 10.30 — Strong rapids. 10.35 — A river on the right — very little water in it at present. Stones mostly paving-stone size ; few boulders more than half a ton weight, and these all resting upon the blue clay. The boulders are composed of gneiss, granite, spotted quartzite, trap, basalt and lime- stone. A silicious rock of a dark-grey colour, with bands of chert or flint occurs here, also in boulders. Lost fifteen minutes trying to catch guide's hat, which was blown off as- cending a strong rapid — the hat was lost. 1 1.25 — Course still N.W. The smoke of heavy tires to the north and west is now seen. 1 p.m. — Course, N.N.W. Great fires ahead, with strong wind from the west. Go ashore at 1.30 to dinner. Waited for a while after dinner to allow the wind to abate before trying to run the gauntlet through the fire. The wind did abate, and we started again at 3.35. 3.45 — Strong rapids ; at least three feet rise in 200 yards. A solid reef of rock on other side, probably limestone. A great deal of ashes, but not troubled much, as yet, with smoke, but much thicker a few miles ahead. 5.20 — Course, N.W. to W.N.W. 5.40 — As there was apparently no chance of our being able to pass through the fire before dark, we camped here for the night. I do not think, in consequence of the rapidity of the current, we have made more than ten miles to-day. I caught a speckled trout between two and three pounds weight. Our supper consisted of skunk, muskrat, speckled trout with doughboys and galette. I lilyself and my Sault man were content with the speckled trout, but the natives feasted on the skunk and muskrat.
2olh. — Up and started at 5.40 a.m., being anxious to get past the fire before the- wind arose. This was as early as our guide could see the stones, which it was necessary to avoid. • He says that he never remembers to have seen the water in the river so low^ as it is at present. The extreme shallowness of the river has retarded our progress very much. 6 a.m. — Course, W.N.W. We have now come to what are called "The Six Islands," where the fire was raging last night, and is still burning, though with less violence,
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as it is now quite calm. 6.10 a.m. — Second island. Here, as I have sometimes observed in other places, there is a bed of shingle or gravel, one or two feet in thickness, on the top of the clay, and of sand above that again : these are most likely alluvial. 6.40 — Course, west. Heavy burn on left side ; still smouldering. High banks on right, of light- coloured clay, showing very few boulders or even stones. I suspect that it is the usual clay, faced with sand, that has run down from the stratum usually at the top, and here perhaps a little thicker than common. 7.50 — Landed for breakfast. 8.55 — Start again, course betwi.xt N.W. to N.N.W. Fine exposure of the blue clay with the light-grey or drab clay, which I apprehend is the drift resting on it. The blue clay contains no Vjoulders or other foreign material that I can see, and would not be a conglomerate if it became a rock. The other light-coloured clay is more sandy or arenaceous, and contains many stones and boulders of limestone and older rocks. I notice more particularly limestone, fossiliferous and otherwise, quartzite, trap, slaty rock sometimes with and at other times without bands of chert or flint, jasper red and brown, gneiss and granite. The bank is at least 80 feet in height, rising to the level of the plane, and showing a bed of peat at the top. Took samples of both kinds of clay. 9.30 a.m. — Strong rapids, requiring very hard poling to ascend. 10.30 — These rapids are the heaviest we have encountered since we left Albany, and we are obliged here to unload most of our things and make a portage. 10.55 — Started again. The whole bottom of the river is a mass of cobblestones, mostly about the size of paving stones, few comparatively exceeding one hundred pounds in weight. Large pieces of red jasper are common. 11.30 — Small island. Ridges or reefs of loose stones often extend quite across the river, forming a sort of weir over which the water pours so equally, and is so shallow, that it is often difficult to find a place sufficiently deep to permit of our canoe getting up, without being unloaded or incurring great risk of damaging it. 1 p.m. — Went ashore to dinner, on west side, and, while cooking, walked back about quarter of a mile to examine an exposure of rock. Found it to be a yellowish limestone in place, with fo.ssil3 of both shells and seaweed. This limestone contains a good deal of chert, in patches and small bands. I gathered a number of specimens. About the same distance above where we landed, there crops out, or at all events appears in the bank, a remarkable stratum of pink-coloured clay, containing numerous shells, something like a trilobite. The deposit, as seen here, is about 200 yards in length, and apparently six feet in thickness. It is used as a paint or a wa-sh at Martin's Falls, and answers, seemingly, very well. Took specimen thereof. If not too calcareous, would make a very singular if not handsome earthenware. 2 p.m. — Start otT again. Course, N.N.W., and continues so for two miles, when at 2.50 it becomes N.W., and at 3.50 is from N.W. to W.N.W. The smoke from the bush-fires becomes now too thick to allow me to take our course. From 3.50 to 5.10 we pass through a cluster of islands, our course varying, as nearly as I can tell, from N.W. to W.N.W. At 5.10 it is west, soon settling to W.S.W. 5.40 — Deep water, and very strong, smooth current, 5.50 — Course, west. Clay banks seventy feet in height. River 200 yards in width : no terraces, flats, or even much in the way of beaches. Muskeg close to top of bank. Found large boulders of grey quartzite. 6.15 — Camp.
S6lh. — The wind rose somewhat during the night, and the smoke and ashes )>ecame so thick that I was afraid we should have to run for it before morning, the danger to be apprehended being rather that of suffocation than of burning. Sat up until midnight, but then fell asleep, and was thankful on awakening to find the atmosphere almost clear. Got a specimen of the spottod <)uarlzite of Or. Bell yesterday, which, when broken, showed something very like impressions of organic origin, and, if so, among the earliest Started at 6 a.m., bearing, .say West 10' South. 7 a.m. — We have pa.K.scd solid lime- stone in the l)ottom of the river, in many places, but it is not seen in the bankh. Strong current for the lost hour, (.'ourse very straight, and river still about 200 yards in width, and two feet deep in the shallowest parts. Current at least three miles an hour. Timber, small — a.spen, spruce, tnmarac and birch — on the north »i<le : and spruce and tamaroconly on the south side. The river rises here very high sometimes, judging from the ice marks — not les-s, I should say, than thirty feet above the present level of thi" water. Boulders sometimes large now, but not numerous, and these rather on the )>anks than in the bed
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of the river. Nor do I now find the ren;ular paved beaches. Found a hirge, angular piece of limestone, probably the same as that seen in bed of river. No fossils, but took specimens. A river joins on the north side — a large bed, but very little water. A rude fishing weir and basket, or trap, in this and almost every other tributary. Of course such modes of catching tish are unlawful, but self-preservation is a higher law, and more urgent than either game laws or fishery regulations intended for the guidance and restraint of white men, and, hard pressed as the natives are in this territory to obtain a living, should not, even if it were possible to do so, be enforced. 7.50 — A small, round, wooded island, very conspicuous in this long, straight, westerly stretch. Landed opposite this island for breakfast. Started again at 8.50 a.m. Took specimens from loose pieces of lime- stone, a species of chert, and also marble. 9.45 — The banks on both sides are much reduced iu height. This difference in the relative height of the water, or bed of the river, and the banks or plateau above, depends on the greater or less rise in the bed of the river, as compared with that of the plain or plateau, and also on the bearing of the river, in reference to the general dip or slope of the plain. Banks now only twenty-five or thirty feet in height. 11a.m. — Course still about the same. Strong head wind. 12.20 — Course, west. 12.50 — Large tributary on south side, its bed one hundred yards in width, but giving very little water at present. At 1.20 went ashore to dinner. Found peat three to four feet in depth within half a mile of the river ; the peat frequently shows itself on top of the banks. Started again at 2.20. Some few large boulders, as much as from ten to twenty tons in weight, composed of granite, gneiss or quartzite. 3.30 — Strong rapids and river shallow, being now some 300 yards in width. Much loose limestone, but not solid or in place. 3.50 — A nice aspen point (alluvial soil) on the north side. 4.15 — Two small islands come into view. Course changes to W.N.W. 4.35 — River fully half a mile in width. Large blocks of white flaggy limestone. Large river, called French River, joins from the south. 4.45 — Our course still W.N.W. Took specimens of blocks of limestone — two kinds — one, the drab fossiliferous ; the other, yellowish, flaggy and nearly unfossiliferous, with the exception of markings of what I take to be seaweeds and a very minute shell. 5.15 p.m. — Course, west. Judging from the ice marks on the trees, the water does not seem to ri.se more than eight feet here. Soil in some places sandy, in others clay. A stratum of sand frequently, but not always, reposing on the clay. The sand is, I believe, alluvial, left by the river when flooded and overflowing its banks. 5.30— Course, north. 5.40— N.N. W. 5.50— W.N.W. Not much current, and therefore making good progress. 6 — N.W. Pass an Indian camp, and, as it threatens rain, we encamp our.selves. Saw a young eagle. The men were anxious to get a shot at him. They say he is good to eat, but then they are not fas- tidious, for they say skunks are also good to eat.
^7«/i.— Started at 6 a.m. Morning fine; course, N.W. 6.15— N.N.E. 6.35— N.N.W. 6.40— N.W. 7.30— N.W. 8.15— The part passed through this morning up to this, breakfast time, is rather a lake with numerous islands and channels, than a river. This must be much more apparent when the water is high, in the spring, than in its present stage, when many of the channels are entirely dry. The land is low, and must be extensively flooded during the spring freshets. The soil appears to be middling, and good meadows might be made. 9.15 — Started again, course W.N.W. 10 — The river has now gathered itself together, the course being west. 10.10. — Rapid; course, W.N.W. Island. 10.30 — Course, N.W. Another island. Blue clay in bottom of the bank. 11 — Solid limestone in bottom of river ; rapid. 11.10 — Another small island. Watervery low, and progress slow and diflicult. Buth fires again. 11.30 — Course, W.N.W.; fol- lowed soon by strong rapids. Much loose limestone. 12 — N.N.W. 12.10 — Come to where a channel running to the north of us, takes oiF. The upward course of the united channels now west, inclining to south. Clay banks forty feet in height. 12.30 — Course, W.S.W. 1 p.m. — Stop for dinner. Started again at 2 p.m. ; course, W.S.W. Walking on for half a mile, found limestone in places seemingly ci-opping out. Took numerous specimens. Plain or plateau thirty-five feet above river. 2.45 — Course, W.N.W. 3.30 — Solid limestone in the bottom ; current strong ; water shallow, and progress tediously slow. 3.35 — Course, W.S.W. 4.10 p.m. — Men have to jump out and wade to lighten
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the canoe and get it over limestone reefs. Canoe damaged and leaking so badly that we are obliged to put ashore for repairs. As by the time this can be accomplished it will be too late to start again, we conclude to camp here. Found a piece of red rock, which appeared to be the pink clay, before alluded to, indurated or hardened into a stone.
28lh. — Started at 6 a.m.; cour.se, N.N.W., round an island. 6.35 —After hard poling up very strong rapids, our course works gradually round to W.S.W. Numerous islands and channeLs. 7 a.m. — Join a channel which comes in nearly opposite our last night's camp. Course, W.S.W. Broad lake-like expansion of river, with islands ; low banks and growth of trees, bushes and grass almost to the water's edge. The water in spring, judging from the ice marks, does not rise here more than six feet above the ordi- nary summer level. We have been keeping the left-hand side for deep water this morning — but nine-tenths of all the travelling we have done on this trip has been on the right, or north side of the river. The same observation applies to the Mi.ssinaibi, or North Branch of Moose River, from Moose Factory to the Long Portage. 7.10 a.m. — River shallow, and some boulders ; we cross in search of a deeper channel. Large gulls. 7.20 — Recent Indian camp. Fire still burning. Course, south. 7.25 — Rapid ; numerous channels and islands which must give this stretch the character of a lake in high water. The rough material in the banks and bottom of the river would still point to limestone as the underlying rock. 7.35 — Course, S.S.W., inclining toward we.st. 7.40 — W.S.W. 7.50 — S. W. Bottom now full of deep holes alternating with shallow stony flats. Little limestone among the boulder.^, but plenty in the shingle on the lieiich. 8 — Breakfast. 8.50 — Start again. Another channel falls in, which had here gone off on south side. Rapid strong. Course now we.st. 9.15 — A very large boulder— of gneiss — on which a large patch of dead and dried-up horse or deer flies was sticking, having given their bodies, or the substance of their bodies, as food for their young — sw before related. Took some of these remains with me as a curiosity. Still various channels and islands. 9.30 — Course, S.W. to S.S.W. Plain twenty-tive feet above river. Bank drab clay. Timber mostly aspen on both sides. Numbers of boulders of Laurentian rock. No rock in place, although it has been felt, as we believe, with the poles in the bottom of the river. Cur- rent moderate. 10.45 — Course, S.W. to S.S.W. The whole wat«'r here gathered into one channel 150 yards wide. 11 a.m. — Course, south. 11.30 — Rapid, with many large boulders of gneiss. 11.40 — First gneiss ridge or reef crosses tlie river here. 12.10 — Course, S.S.E. 12.30 — Strong rapid. After getting up this, we went lushore on the S. E. side for dinner. Found muskeg within quarter of a mile from bank ; at a mile back the Sphagnum moss and peat were four feet deep. It re.sted on a somewhat sandy subsoil, but this doubtless reposed on clay. Started again at 1.15 p.m., course about south. Gathered specimens of loose fossiliferous limestone, the pieces of which were too numer- ous, angular and large to have come from the drift. 2.30 — South. 3.00 — S.W. 3.15 — S.S.W. 3.50— S.W. 5.00— S.W. 6 p.m.— Arrived at Martin's Falls. I make, on a rough calculation :
The distance from Albany Factory to the junction of the •
Kenogami River, about 1 30 miles.
To Martin's Falls, about 82 "
In all 212 miles.
The distance is generally called from 250 to 300 miles, and Old Henley Post, a few miles below the Kenogami, is supposed to be half way. This estimate may be right, or nearly so, in regard to the time ocoupied on the trip ; but is wrong when applied to the distance. The rapids above the junction of the Kenogami, or English River, are not only stronger but more numerous even than they are l>elow ; and the distance accomplished each day was, in our ca-w, I am satisfied, much lens al>ove than it woa Iwlow the junction of the Kenogami.
On landing, wo were welcomed by Mr. Taylor, the ofl[Jcer in charge. He and hi* family hod Ijeen much alarmed, two or three days i>efore our arrival, by the imminent
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danger in which the post and even they themselves had been placed by the bush fires that were raging all around it. The fire got within their little clearing, but Mr. Taylor fought it so courageously that he undoubtedly saved the place from destruction. Martin's Falls Post is situated on the south-east side of the river, on a high bank, at the lower end of a rapid of that name. It consists of the officers' and servants' houses, store or trading shop, and cows' house or byre — some four small wooden buildings in all.
The clearing is not more than about five or six acres — some two acres of which are planted with potatoes, the rest being in pasture. The potatoes looked only middling, owing perhaps to the dryness of the summer. A part of the field had apparently suflfered too from the fire. Mr. Taylor kindly had a bushel dug for me, which, although not large, were tolerably good and very acceptable, as those only can appreciate who have been com- pelled to live for weeks and months chiefly on salt pork (without other vegetable food), than flour and biscuits.
When cultivated the land is middling, but becomes mossy and peaty almost imme- diately in the neighbourhood of the post. A few turnips in the garden appeared to be healthy, and of fair size for the period of the year. I suspect, however, that summer frosts are rather common here, and the raising of crops of any kind, excepting grasses and the hardiest vegetables, somewhat precarious. There is very little game, or even fish, at or near this post ; and it has the reputation of being what is called " a hungry " or " starvation " post. For this reason, few of the Indians who come here to trade bring their families, but leave them at their hunting grounds, where they have more to live on.
September 1st. — On the plain, or plateau, about three-quarters of a mile below the post, and some forty or fifty feet above the river, I was shown by Mr. Taylor and one of the company's servants, a very tine light-grey, almost white clay, of which I took a sample.
There is a good deal of fossiliferous limestone in loose pieces, many of them large and angular, on the banks and in the bed of the river, to the very foot of the rapid — but I did not see any of the horizontal or stratified rocks in place nearer than about ten miles below. I have little doubt, however, that they have extended at least as far up as Martin's Falls, and probably much further, but have been eroded by the action of the water and ice. The rapid known as Martin's Falls is occasioned by a reef of Laurentian gnei.ss, which here crosses the river, and over which the water flows with a fall of about twelve feet, rendering a portage of at least half a mile in length necessary when the water is high, but which is overcome by two very short portages when low. The reef which occasions this rapid does not appear to rise above the surface of the ground on either side of the river, but is covered under the clay and drift.
With Mr. Taylor's assistance, two days sufliced to take the census here ; but although anxious to do so, he has not been able until to-day to obtain guides to accompany us to Osnaburgh House, on Lake St. Joseph, our next stopping place.
FEOM martin's falls TO OSNABURGH HOUSE.
Snd. — Started at 8 a.m. Having broken my watch, I shall not be able hereafter to estimate the distances by the time occupied in traversing them. The first stretch to-day commences at the foot of Martin's Falls Eapids, and continuing for about a mile, was north-westerly, with an estimated rise of twelve feet. The river then takes a south- westerly course, which it keeps for about three miles. At the end of this stretch, our course is W.S.W. for another mile. I went ashore at a rapid which occurs in the second stretch, called " Red Rapid," where a portage is generally made, but up which my men succeeded in poling the canoe. The banks here are composed of drab clay, and are about twenty feet in height. Above the rapid, I took a few specimens of limestone, which, although not seen in place, was strewn along the banks in angular pieces of considerable size. Among these I may mention : — 1st. A crystalline, heavy, drab-coloured limestone, with few if any visible fossils, and resembling that found at the first rapid on the Abit- tibi River. 2nd. Yellow — the same, weathered. 3rd. A light-grey, flinty limestone, with what I take to be fossil seaweeds. 4th. Drab silicious limestone, weathering white,
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45 Victoria. Sessional Papers (No. 53). A. 1882
with peculiar dimple-like impi-essions. 5th. Yellowish-grey flaggy stone of a sandy nature, and probably also calcareous, but without fossils. 6th. Another similar to but more massive than the last, and showing a few fossil shells. 7th. A drab, flaggy lime- stone, dimpled on both sides. I found also several pieces of drab and yellowish sand- stone. The river is full of boulders, reefs and rapids. The rock, where seen, is gneiss.
The next course is S.W. In little more than a mile we came to an island, part of a very heavy reef of gneiss and micaceous schist, which here crosses the river, and through which the river has apparently forced its way. Enormous masses are detached, semi- detached, or lying below in the form of boulders. Here we enter a small lake called Fishing Lake, at one time probably much deeper and larger, but now becoming gradually drained as the reef just alluded to is worn away. On this lake the father of my steers- man was encamped, and we were glad to get some whitetish and pickerel, which we paid for with flour.
About half a mile further up we arrived at a rapid and portage called Fish-eggs Portage — about one hundred and fifty yards in length and four feet of a rise. Here we took dinner, and were joined by the Indian and his family, who intended to accompany us on our journey for a few miles.
Starting again, our course was from S.W. to W.S.W. The rocks — gneiss, with occasional bands of micaceous slate — strike nearly east and west. In about two miles we came to another rapid and portage on the north side. This is called Spawning Falls and Portage. The rise here is about ten feet, and the portage about three hundred yards in length. Above this the river is shallow and wide, with several islands. In another mile we come to the Flat-rock Falls and Portage. The ri.se here is again nine or ten feet, and the portage only one hundred yards in length. Passing over this and again embarking, our cour.se is south for quarter of a mile only, when we arrive at the Sharp- rock Portage, with a rise of about four feet. Portage quite short. Again embarking and pursuing an easterly course for a mile, we came to the White Dog Portage, where the portage was also quite short, and rise only four or five feet. A little above this we camped for the night. The old Indian and his family camped beside us, one object, as I understood, being to give his son John — my steersman — some fatherly advice. It appears that another son, some years ago, had gone up to Osnaburgh, and from thence to Lake Seul, where he took ill and died. The old man and the boy's mother seemed very much afraid this son, the only one left, might be induced to accompany me further than Osnaburgh, and that the same fate might befall him as had befallen the elder brother ; and they entreated him very earnestly not to go beyond Osnaburgh, but to do his duty faithfully so far. I asked this Indian what was the nature or character of the country around Martin's Falls. He told me, that below Martin's Falls the countr\' was flat, and all muskeg ; that the ponds or lakes are not numerous, and are found chiefly on the courses of the rivers and streams ; that far back on the mu.skegs no trees arc seen — nothing but diminutive tamarac, two or three feet in height. There are f<iw deer or even rabbits. He and his family live chiefly upon fish — even in the winter season. The fish consists almost wholly of suckers and jackfish, or pike, which he catches in the rivers, with some whitetish and pickerel, or dorn. He lives on this (the Albany) river in sum- mer, and on a large tributary which conies from the north, and joins the AlWny above Martin's Falls, in the winter ; that above Martin's Falls the country is more broken, with occasional dry ridges, but still more or less muskeg ; that this is a hard country to live in, but not so hard as below Martin's Falls ; that the fur-Vjearing animals he catches are chiefly the marten, beaver and otter — very few bears, and no lynx. Ho killed a good many deer (cariboo or reindeer) year before last, but only one last winter.
Fires have burnt large tracts both sides of the river, but I see no timber of any sire, or value at any rate.
3rd. — Up at break of day, and after a hurried cup of te» we again started. Close at hand was the Lower Moose-Kettle Portage — rise four feet. Above this a short distance, we entered into and pa.ssed through a lake, the width of which was upwards of a mile, and length three to four miles. Course, W.S.W. to S.W. About breakfast-time we arrived at the Upper Moose-Kettle Portage — rise ten feet ; portage two hundred yards in length.
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Embarking again, we passed great numbers of broken rocks of all sizes, and more or less angular, covering entirely the bed of the river. The rock at the last portage was red granite and micaceous grey gneiss. The boulders and loose pieces were composed chiefly of Laurentian gneiss and granite. The upward course of river still continues from S.W. to W.S. W. for fully half an hour. About three miles above the last, or Upper Moose-Kettle Portage, the river divides into two channels, both having their origin in a large lake which we shall not reach, so our guide says, till to-morrow or next day. We take the north channel which is the larger of the two, but a little more circuitous. Soon after this we come to the tenth portage, called Parquaia, or Tall-trees Portage. Length about three hundred yards ; and rise in rapid about fifteen feet. Took a sample of the clay from the top of the bank, thirty feet high, at the upper end of the last portage.
After a short north-westerly stretch our course settles to about south-west, and so continues for about three miles, which brings us to Poplar Portage. Crossing this we again embarked, and in some three-quarters of an hour entered a lake, apparently six or seven miles in length by two miles in width, but probably more. Our course has ranged from N. W. toS.W., averaging say about W. S.W. The land which separates the two channels is low, and must have been covered with water at no distant day — much of it is probably submerged even now at the period of spring freshets. This lake is called 0-bosh-a-sai-gan. Continuing on this lake about four miles in a S. W. direction, we enter the river again on the south side, the lake itself extending apparently a good many miles further to the west and north-west. Our own course up the river was first south for about a mile, and S.W. to S.S.W. for the next four miles. We camped at sundown. The Albany at this point is about 300 yards in width, but contracts immediately above it to 100 yards only. The land bordering on the lake is low and stony, or swampy ; and the forest of spruce, tamarac, poplar and aspen of no economical value. The higher banks leading up to the level of the plain are generally some miles from the present margin of the lake, which is probably being slowly drained. The fossiliferous limestone almost disappeared from the beaches of the lake, but again pieces were visible in the bed and on the banks of the river.
Jfth. — We started at the usual time, and after steady poling for about an hour against a strong current, with frequent rapids, came to what is known as the " Stony Portage." The water being low, my men poled up this rapid in good style. In about five miles from where we started this morning, we came to a portage called Slippery Portage, two hundred and fifty yards in length, and with a rise of from ten to twelve feet. The current continues swift for half a mile above this rapid. This channel of the river, which has con- tracted in some stretches to less than one hundred yards, now opens out to three hundred yards in width, and the lake which is called Ma-ku-ka-bah-ton commences.
In about a mile we come to two islands dividing the river again into narrow channels, which, by some, might also be considered the entrance into and commencement of the lake, and I shall so assume it to be. In about another mile we came to where the south branch, or channel before alluded to, takes off. This channel unites with the one we have been following below the Pasquaia, or Tall-trees Portage, some twenty miles distant. We here crossed over to the north side of the lake, the wind coming on to blow from the N.W., and that side therefore affording us the best shelter. We made good progress, being here able to use our paddles, and camped at sundown near the western end of the lake, which is not less than eighteen miles in length, and from one to three miles in width.
The country passed through to-day has been low and flat, and the soil stony, gravelly or sandy. The lake on which we have voyaged the greater part of the day has at one time covered a very much larger area than it does now ; indeed, it is difficult to say, without a much more thorough examination than I have been able to make, where it properly begins or ends. The upper end is particularly indefinite, from the number of islands, channels and lake-like expansions on these channels. The rock is Laurentian, and is often bare on the smaller islands, but only appears as reefs on the main shore. I apprehend that it rarely rises above the surface of the plateau which forms the true boun- dary of the lake. The number of boulders along the shores, and in bottom of this sheet of water, is truly surprising. The stones and boulders here seem to me essentially dif-
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45 Victoria. Sessional Papers (No. 53). A. 1882
ferent from those on the shores of James' Bay, or even in the lower stretches of the Albany, Moose and Abittibi rivers. They are more angular, or, in other words, less -water- worn, and, with comparatively few exceptions, appear to belong to rocks in situ, or found at no very great distance. The rock, where seen in place, is gneiss. When only a limited exposure of this rock occurs, it is so variable in its mineral character and composi- tion, as well as in outward appearance, that it is oftentimes very difficult to identify or distinguish it from other rocks, more particularly granite.
The timber consists of aspen, pnpl;ir, white birch, spruce, tamarac and balsam, mostly of small size. This is, in some cases, owing to recent fires ; in others, to poorness of the soil ; and in others, to overcrowding.
A large stream enters this lake on the .south-east side, four miles or so only from its lower extremity. I did not succeed in catching the name, but it was something like Muck-wa-am-kat-slian. Course on this lake about S. W.
About fifteen miles from the lower end of the lake we passed heavy sand-banks, seemingly forty feet in height, on the north side. So far, we have met with no heavy deposits of sand since we left the coast. A few feet in thickness of sand, evidently allu- vial, was often seen overlying the clay or shingle on the banks of the river — but nothing like that seen here, which reminds me of the sand ridges met with at Flying Post and Matawagamingue, and the lower end of Lake Abittibi.
oth. — As it rained heavily last night and this morning, we were unable to start until after breakfast. After we had proceeded about two miles, and were still some distance from what appeared to be the head of the lake, we turned sharp olF to the north, through a narrow channel, and then from N.N.W. to W.N. W., through a series of small lakes and channels, for some three miles, when we entered the river again — four chains and upwards in width ; course, N.W., and showing a stiff but smooth current. Following up this on a westerly course for about a mile, I found a large piece of limestone on the beach, from which I took specimens. About a mile further up still, we entered a small lake, where we encountered a very strong head wind from the west. About 1 p.m., after passing through several more small lakes and short connecting channels, we came to where the wind had sufficient sweep to rai.se quite a high sea. Here we were detained, and as it did not calm down until late in the evening, we were only able to cross this lake and camp for the night on the north side. No portages to-day.
Rock, chiefly gneiss and a very light^coloured syenitic granite. Timber generally small.
6lh. — Started at break of day ; course on the whole, north-westerly, with northerly and even north-easterly stretches. Character of the route and adjacent country very much the same as yesterday, Ijeing through lakes from half a mile to three miles in length. Wliere we got breakfast, I went inland to the top of the bank, which was about sixty feet in height, hoping that I might be able to command a view of the country, but the trees grew so thickly on the ground that it whs impossible to see many yanls. Soon after we started again, we entered a long and somewhat narrow lake, running east and west, and at least six or seven miles in length. On the north side of this we found a large family of Indians encamped. They had a goo<l (|uantity of fresh, and partially dried and smoked fish. The tish chiefly consisted of sturg'-on and suckers. We got a coupl" of sturgeon, of about twenty pounds weight eoch, from them ; giving flour and tea, with a little rice and .sugar for one of the children that was very sick, in exchange. The .\lbaiiy River enters this lake on the north .side, two miles at least from its western extremity. Here we struck ofT to the north. At or near the western extremity of this lake a river enter* from the south, up which there is, it is said, a route to Lake Nipigon.
On leaving the lake just referred to, our course continued northerly for about two miles — turning to we.sterly and southerly in the last, or third mile. It is usually neces- sary to make a portage around the last mile of the river, but we succeeded in getting up without. It is called the French Portage. We now come to a loke, which my guide Bays is twenty miles in length : but Indians have such vague and indefinite ideas of distances, as expressed in our language, or referred to our standards, that it may
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45 Victoria. Sessional Papers (No. 53). A. 1882
be a. good deal more or less. The course in our first stretch is W.N.W., and distance about two miles, then entering a narrow channel, probably between islands, on i% N.N.W. course, for half a mile, when we again come out into the open lake. Through this we paddle on a north-westerly course for about ten miles. Passing through a short, narrow channel, in which there is a strong current, we again open out into what looks like an arm, or bay, of the same lake, and our course becomes once more N.W., chang- ing to W.N. W. in about two miles, and so continuing for other three miles, when it becomes W.S.W., up a narrow arm of the lake, and brought us, in four miles, to the river again, and a portage called Eta-wa-ga-moo-in. Here we camped for the night, having made about thirty-four miles to-day.
Lying as our route has done to-day through large lakes, it was only now and then we could approach the shore near enough to examine the rock. Wherever I had an opportunity of doing so, however, I invariably found it to be gneiss. In several places it contained large veins of quartz, but I was not able to detect any valuable metal or ore therein. A very considerable area on both sides of the river is still undoubtedly covered with shallow lakes, swamps, and muskegs or peat mosses. But the rock is now beginning to rise above the general level of the plain and form ridges, though as yet of no great height. These ridges wherever they exist are drier, and mostly covered with soil and a healthy growth of timber, chiefly aspen and birch. I am compelled to say, however, that so far as I have ascended this river — now at least three hundred miles — I have yet seen very little land which appears to invite settlement, in the present state of the country.
7tk. — The portage on which we camped last night is necessitated by a rapid, in which the rise, including about a quarter of a mile above and below the portage, cannot be less, I think, than fifteen feet. It is occasioned by a ridge or reef of massive grey gneiss which crosses the river at this point. Excepting in the bed and lower part of the banks the rock is not seen, being overlaid with drab-coloured clay elsewhere. The portage itself is about three hundred yards in length. The Indian name, I am told, means " a portage that can be made on two sides." At this place, the river being divided into two channels, the portage can be made around either, as the voyageurs may prefer. About half a mile above the upper end of the portage the river expands into a little lake with .several islands, which turns out, as we advance, to be only a small portion of a somewhat considerable area occupied by such lake-like expansions with numerous chan- nels and islands. The course during the first two miles varies from N. W. to S. W., and may be assumed to be about west on an average. The next stretch of three miles was on a south-westerly course, and brought us, not to the end of the lake, but to a branch of the river, possibly the principal one, which comes in on the north side. Up this channel we ascended, the rise being considerable, not less than six feet in the first half mile, and rapids very strong. The next mile brought us to a portage called " The Sandy Portage," about quarter of a mile in length ; it was about noon before we got over this portage and started again. Much to our disappointment, owing to the unusually low state of the water, it was necessary to unload and make another short portage, almost immediately, along the beach. Half a mile from this we came to a large lake, and as the wind was blowing a gale right ahead, we were obliged to camp and wait for the storm to abate. While here I found a band in the gneiss containing mica, which could be split into sheets two or three inches square. Traces of fossiliferous limestone are still to be found here and there on the river and lake beaches, but are becoming rare. Small stones (boulders) of dark quartzite are still not uncommon, though smaller in size and more deeply pitted than further to the north, the direction from which these stones, as well as the limestone, must, I believe, have come. Massive grey gneiss of a very light colour is the rock here found in place.
The forests are composed of aspen, poplar, white birch, tamarac, spruce, balsam, and a few pitch pine of small size. The wind did not abate until sundown, and we had to camp here for the night.
8th. — As almost every voyageur knows, the wind at this season of the year often rises with the sun and calms down after sunset. This was the case yesterday, and
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I determined to make an early start this morning, so as to get through several lakes, where we might be again detained and unable to proceed should such a wind as we experienced yesterday spring up. I therefore called the men and started at about 3 a.m. We were enabled to make excellent progress, as it was not only calm but moonlight, and at breakfast time, say about seven o'clock, had made nearly if not quite twelve miles. The water thus traversed is, I think, one and the same lake, although divided into three nearly equal stretches connected by short channels. The course of the tirst stretch was westerly, of the second south-westerly, and of the third north-westerly. The average bearing is not far from W.N.W. The shores are generally low ; probably what we saw were for the most part islands ; the plateau or real bank only coming into view near the upper or western end of the lake. Entering the river, the current was at once so rapid as to compel the men to lay aside the paddles and take to their poles. Here we meet with clay banks again, rising as we advance to a height near the portage of about forty feet ; pieces of fossiliferous limestone too become once more plentiful on the beach, possibly derived from the drab clay, and I collected some speci- mens. The portage is two miles from the lake below, and is called " Miminiska Portage." The rise here, including the rapids above and below the fall, is, I should say, about twenty feet altogether. Having crossed this portage and embarked aguin, the first stretch up the river is about a mile in length on a westerly course, and brings us out into another lake, also called Miminiska. Our course continued westerly for another mile. Here came into view the tirst approach to anything like a mountain, or even hill, met with since we left Albany Factory ; that now seen is two or three miles off in a south-westerly direction, and rises apparently about two hundred feet above the level of the lake. I cannot ascertain from my guide what is the length of Miminiska Lake, as he has only passed over that portion of it which forms a link in the route to or from Osnaburgh. It extends, however, farther than we can see in a northerly direction, and is, I think, a large lake. It is the boundary between the hunting grounds of the Indians who trade at Martin's Falls and those belonging to the Osnaburgh band. It is also said to be the route followed by the Indians when pas.sing to and fro between the Upper Albany and J^evern Rivers. At the end of the first mile, during which our course has been westerly, we keep W.S.W. for the second mile, the course thereafter becoming again due west or a little south of west We have now a well-defined and bold coast-line or shore. On the south, running parallel with us, is a ridge of gneiss from one hundred to three hundred feet in height, and I can see in the distance ranges of mountains of equal if not greater elevation to the north-west. The true or at least ancient boundaries of this lake have been, I think, those distant and elevated ranges, and embrace an extensive area at one time probably all covered with water, but now partially drained and so interspersed with numerous islands, swamps and marshes, that it is impo.ssible, by the eye, to form even an approximate e.stimate of its extent. Very often what we take for the mainland turns out to be only an island. One island on the right, which has continued several miles and limits the apparent width of the lake to two or three miles, has just come to an end, and we find the lake to be at least six or seven miles wide. About eight miles on this course (W.) brings us to the estuary at the mouth of the river. I never saw more luxuriant rushes, equi.setum and blue joint grass. A little farther up this channel, which is about one hundred yards in width, black ash, elm and willows Iwgin to appear. Although the Albany in its course to the sea enters and leaves many lakes, this is the first estuary of the kind 1 have met with. Fine meadows could be easily obtained here, and cattle could be raised and kept in considerable nunilx-rs.
About two miles above the outlet we landed on the north side for dinner. At this point there is a tine alluvial soil, on which were growing h>'ulthy and good-sized aspen, tamarac, white birch, spruce, ald»-r and willows, also the high bu.sh cranU'rry, th<- fruit of which wa-s abundant and ripe. I found a few plants also of wild mint, the scent of which was very strong. Leaving this, our course was still westerly, but in about a mile became south-westc^rly. On this stretch a peat-bog comes in on the left or south side, and low reefs of light gray gneiss rock appear in the banks of the river. In another mile our course is south. The woods here are full of Sphagnum moss, and the timber neither Urge nor healthy. The soil appears to be sand reposing on drab-coloured clay. The river here
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is sluggish, and as we advance the timber on both sides has been burnt. Another mile and a half on this course and we stopped about half a mile short of the next rapid and portage, and I went ashore on the south-east side, where several curious conical hills appeared a mile or more from the river, which I was anxious to ascend and examine. I was inclined to think I might find them overlaid if not composed of drab clay, with pieces of fossiliferous limestone such as I had seen on the Abittibi, at and above New Post. But in this I was quite wrong, for although upwards of two hundred feet in height (above the river), they were composed wholly of gravel and sand from bottom to top, rather coarse in general, but somewhat finer near the top. This gravel is a clean water-washed deposit. Whether it is underlaid by clay or not, I cannot positively say. Fire had passed over the ground within a few years and made a tolerably clean burn of it. I had some difficulty in finding fossiliferous limestone on account of its perishable nature, and bearing as it now does such a small proportion to the immense mass of other sorts of stones and pebbles. With the help of my men, however, 1 succeeded in obtaining near the top of these mounds or hills several specimens of both the limestone and dark-pitted quartzite, which satisfied me as to the age and nature of this singular deposit, and stamp- ing it as a portion of the Great Drift formation, the materials composing which have all come from the north or north-east. Returning to our canoe we went on to the " Lower Snake Falls" and portage. Here the river, much reduced in the volume of water, is forced between rocks thirty feet in height, and confined to a channel not more than from twenty to thirty yards in width, through which it rushes with great violence even in its present low state ; in the spring it must exhibit a wild spectacle indeed. We have made thirty-one miles to-day and crossed two portages.
9th. — Started at 6 a.m. This portage is quite short, only one hundred yards or so in length ; the rise may be about fifteen feet. The course of the river (ascending) above this portage is about south-west for a mile and a half. This brings us to the " Upper Snake portage," with a rise, judging by the eye, which does not exceed twenty-five or at most thirty feet. Allowing five feet for the rise in the intermediate stretch, the total rise from below the " Lower Snake Falls" to above the " Upper Snake," cannot exceed, I think, fifty feet. The rise as indicated by my aneroid barometer was nearer one hundred feet. When the weather is changeable, unless observations can be taken by two different persons and instruments at or about the same time, one observer being placed at the bottom and the other at the summit of the eminence to be measured, it appears to me that the barometer is not a reliable or trustworthy instrument for that purpose. The course at this last rapid is west, and the first stretch above W.N.W. There is a bank, seemingly of sand, sixty feet or more in height on the north side. Course, S.S.W. for half a mile ; then S.W. for another half mile; and again S.S.W. for another half mile, which brings us to the next rapid and portage called " Greenwood." This portage is about a quarter of a mile in length ; the rise about eighteen feet. Resuming our journey after breakfast, our first course was S.S.W. for about a mile; river wider, with slack water and low marshy banks ; our route then bears to the south. In another half mile our course changed to west-south-west, west-north-west, and north in a distance of not more than two miles — average, say about W.N.W. The course then became N.E., ^ mile; N.N.W., \ mile ; then N.E. and E.N.E. for the next mile. The next courses were as follows : North, \ mile ; S. W., ^ mile ; N.W., ^ ; West, | ; S.W., ^, stopping here for dinner ; on again, starting, the course of the channel we are following is westerly for nearly three-quarters of a mile ; then N.N.W. for half a mile, at the end of which it becomes W.N.W. for half a mile. We then turn to the W.S. W. and back again to W.N.W. in the next half mile ; then west for three-quarters of a mile; then N.W. for quarter of a mile ; thence on an average course of S.S.W. for two miles ; thence on a ■course varying between S.W. and W.S. W. for three-quarters of a mile ; thence due south for one mile ; camping at sundown on the west side.
In that portion of the Albany River over which our route has hitherto passed, the bearing or course of the river, with a few exceptions, has been singularly straight. One of these exceptional stretches has been met with to-day ; our course, as will be seen from the bearings, has been very crooked, especially since we crossed the " Upper Snake
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portage." This is owing, as I conceive, to the fact that we have been passing through partially drained lakes of considerable size, full of marshy islands and numerous channels turning and twisting about over more than half the points of the compass.
There is line grass on some parts of these marshes, but very little land, as seen on the canoe route, lit for cultivation, as the lower grounds are doubtless flooded in the spring, and the higher grounds, which we reached late in the evening, show a poor sandy soil, with groves of pitch pine which have once been extensive, but now mostly destroyed by tire. This pitch pine is not generally more than a foot in diameter. It appeared for the first time in quantity a little below the Lower Snake Portage. The land on which it is found growing is generally either rocky or sandy. Strange and improbable as it may appear, 1 am told that tlic Indians, when hard pressed by hunger, eat the inner bark of this tree, so full of resin and, I presume, a sort of turpentine, as it at least appears to be. Many trees were peeled near our camp and elsewhere along the route. 1 thought that this had been done simply to obtain the resin or gum required for pitching the seams of their canoes, but was assured that it was otherwise by my guide. The other trees met with were of the usual kinds. Geologically, the country traversed to-day is Laurentian, and composed chiefly of varieties of gneiss and syenite. At the Snake Falls, both upper and lower, a greenish chloritic schisto.se rock occurs, containing quartz veins and showing calcareous spar in the joints and in strings, which I had not met with on the river before. I think it belongs to and is associated with the gneiss, perhaps in the same way as mica schist often is, and if so a portion of the Laurentian formation, but if met with on the south side of the Height of Land I should have suspected it at least of pos- sibly belonging to the Huronian formation. The pitted quartzite and fos.siliferous limestone from the far north are still found in the shingle on the banks of the river and lakes, but have been rather rare, and difficult to find of late.
The rise in the level of the country has been at or about one hundred feet, I think, in the last fifteen miles, namely, from below the Lower Snake Fall to where we now are. The height of the barometer at 2 p.m. was 28.8S inches, and I am of opinion that we are now at least one thousand feet above the level of the sea, or some four Imndred feet above Lake Superior.
10th. — Started at about the usual time, course south for three miles, when we stopped and went ashore on the west side for breakfast. Sand banks on this side led me to expect that I would find a level or at least flat country. While breakfast was cooking, therefore, I a.scended the bank, which was about forty feet in height, and found, as I expected, a rolling plain extt'uding westward as far as I could see, which might l)c about a mile. Fire had pased over it, apparently three or four years ago, burning up timber, moss and such vegetable mould as there might be, and leaving little save the l)are sand. This sand is rather fine and of a white, greyish white, or yellowish-brown colour. I have noticed that this sand acquires a yellowish or brown colour near the surface, especially where fire has recently passed over it. This may be due to the action of the potass and other salts in the a.shes left by the tire, which the rain dis.solve8 and difluses through the soil below. Although the fire had occurred so recently, many plants and trees were already struggling to gain pos-session of the apparently scorched and barren soil, such as willows, aspen, pitch-pine, white birch, spruce, Labrador tea, blueberry, raspberry, strawberry, several creeping plants, and a tall growing plant with a red or purplish flower, which I take to be a species of " lupin," and last but not least, the irrepressible Sphagnum moBS, destined in all probability, one hundred years or more hence, to van<{uish all its rivals and obtain undisputed pos.se«sion of the land, which thereafter nothing but fire can redeem. From the existence of this moss, I am inclined to think that the sand rests upon clay, and that, proljaMy, at no great depth. Starling again ufl<'r breakfast, in a short distance a river, called Trout Kiver, about fifty yards in width, falls in on the east side. There is not much water in it at present, but it probably furnish«?8 a good- sized stream in ordinary seasons. A little further on we came to a rapid and portage, the latter about one-third of a mile in length. The canoe, with most of the smaller baggage and things, was taken up the rapid, which has a rise of something like fifteen feet. The heavier articles hod to be carried over the portage. From the top of this
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rapid it was steady poling on a S.S.W. course, against a strong current ; so strong, indeed, as sometimes to require the tow-line also, until after 2 p.m. Here the river ex- panded to such a widtli as fairly entitled it to rank as a lake. As there was no current to speak of here, the men were able to use their paddles. After proceeding about five or six miles on a south-west course we camped — the day having been wet without any intermission since breakfast time. The distance made to-day is about fourteen miles, and the rise is probably not less than forty feet.
Above the last portage (twenty-second), in the western bank, I found the drab clay underlying the sand referred to in the morning. I saw no timber of any size or value to-day, hres having run over the greater part of the country, at least those portions near the river. Fossiliferous limestone and the pitted quartzite, in small pieces, are still found, and I begin to feel sanguine now that I shall be able to trace them continuously from James' Bay over the Height of Land. The rock seen in place to-day is decidedly Laurentian.
11th. — This being Sunday, we spent some time this morning in a vain attempt to dry our things, most of which had got wet with the rain yesterday. We had unfortu- nately camped where the wood was so green and poor we were unable to keep uj) a decent fire. Started about 8 a.m., the rain having ceased. The lake (or river, as the guide calls it), is here half a mile in width, with rocky ridges about one hundred feet in height on each side. A mile and a half in a south-westerly direction brings us to the end of this lake-like expansion of the river. It narrows now to fifty yards, with a strong, smooth rapid, and a bed composed entirely of stones, mostly from the size of a fist to that of a man's head. The course is west for quarter of a mile, at which point a brook enters on the north side. Thereafter the river expands again into a lake, and the course varies from S.VV. to S., and is on an average about S.S.W. for full three miles. Timber of mixed sort, but poor. There is a bold ridge of rock one hundred and fifty feet in height on the east side. On the west the bank is low, but is possibly only an island. The lake narrows and we again have river ; the course of this stretch being S.W.
Marks on the rocks in the lake below clearly prove that the water rises at least six feet sometimes above its present level, and that it remains at that height long enough to prevent the growth of the lichens and mosses which cover the rocks above that high- water line. At the end of half a mile the course becomes south. In another half mile we again enter a lake. Indeed the last stretches look to me more like channels connect- ing either different lakes or portions of the same lake. The course is now S.W., and so continues for one mile and a half; thence the course is S.S.W. for two miles, bringing us to a point where the river enters by two channels. Taking the more south- erly branch, or channel, on a S.S.E. course, for quarter of a mile, then south for half a mile, we again open out into a lake. The size of this lake, viewed from where we enter it, appears to be not more than five miles in length by three in breadth ; but it is probably much larger, as there are a number of islands which prevent the whole of the lake from being taken in at one view. Our first stretch was westerly for say one mile, then S.S.W. for three miles, which brought us to where the river enters the lake. The river is here only fifty yards in width, with a rapid current. The course turns toward the south, and so continues for half a mile to the Lower A-ga-maia Portage. We have three portages here in less than a mile — that is, from the commencement of the first to the commencement of the third. In these the estimated rise is fifteen, twelve and forty feet respectively, or about sixty-seven feet in all. The two lower portages are only one short stage each, but the uppermost one is two stages, or nearly a mile in length. We camped at the upper end of the last portage.
The country through which we have passed to-day is decidedly more " broken " than any portion of our route since leaving James' Bay. Its principal features, as presented to me, are rocky ridges, in many places bare, from twenty to two hundred feet in height. These ridges rarely extend to a sufficient length to form anything approaching to what might properly be called a "chain of hills," much less a "mountain range." They are almost invariably rounded in form, if not dome-shaped; shapes not found in mountains or hills of gneiss and granite which have not been subjected (as these undoubtedly have) to the
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tremendous abrading and denuding power of a current not of water merely, but of ice. On these ridges the soil is for the most part light or stony. Lakes and marshes cover the greater portion of the intermediate or lower ground. These are interspersed occasionally with .sandy or gravelly ridges, and plains. The timber, where recent tires had not destroyed it entirely, was still small, owing less probably to the unfavourable nature of the soil and climate, than to the fact that tires are so frequent that the period between them is too short to permit of a heavy growth of timber. The rock is still Laurentian ; consisting of grey granite, syenitic granite and gneiss. I am still successful in my search for fragments of fossiliferous limestone from the Devonian rocks, last seen in place ten mUea below Martin's Falls, or nearly two hundred miles from here. The pitted quartzite, which I am inclined to think is nowhere in place nearer than the coast of Hudson's Bay, is still to be seen among the stones and shingle on the shores of the lakes and rivers on our route.
The distance voyaged to-day has not exceeded seventeen miles.
12th. — The greater part of our things having been carried over the upper portage last night, wo were enabled to start in pretty good time this morning. Our first course was north for a quarter of a mile, against a strong current. This brought us to the foot of a rapid, where it is usually necessary to make a portage. Up this my men poled the canoo cleverly — the fall seemingly about six feet in some two or three hundred yards. At the top of this rapid our course turned .sharply to west and south-west, and so continued for about a mile, until we came to another rapid, where the course again became north-west for a short distance, and then fell back to south-west. This course is maintained for half a mile, when it becomes west. This is only held for two or three hundred yards, when we came to the foot of another strong rapid, where the course again becomes north-west until the head of the rapid is reached, say three-eighths of a mile. The rise in this i-apid is not less than nine feet, Our course is again west for quarter of a mile, with slack water. It then settles to W.S. W., through what seems to be an arm of a lake, for two miles, ending at a portage called " Smooth Rock Portage." This portage is about half a mile in length ; it rises about fifty feet, and then falls some fifteen feet at upper end, leaving the net rise about thirty-five feet. The course of the portage is southerly.
Having got everything across we again embarked, our course being still southerly. This part of our route again seems to be rather of the character of a lake than a river, the width being at lea.st a quarter of a mile, and slack water ; and even then, on the right or west aide, the bank is not, I think, the true boundary or shore, but an island or islands, on the other side of which, if time and my supply of provisions would permit, I think I should find that this lake extended to an elevated ridge on the west, several miles distant There are a number of little rocky islands, few of them rising more than twenty feet above the level of the water, and all of them of the dome-shaped and rounded forms 80 frequently seen on Lake Nipissing and on French River. About noon our course was S.S.W., and so continued for two miles. It then took a south-westerly direction for one mile ; then west for half a mile; then W.S.W. for three-quarters of a mile ; thence west one mile and a quarter. This brought us to where the river enters this lake, at which place it is only forty yards in width. The current, however, is very rapid, the rise being about three feet in quarter of a mile. It then widens out to two hundred yards in breadth, and becomes shallow. We here perceive that this is only one of two, if not three, chaimels by which the river discharges its water into the lake below. Our course is W.S.W., and we pa.ss into a narrow channel again. In a little more than a quarter of a mile we again enter the main channel, and ascend a rapid in which there is a rise of three feet in quarter of a mile ; the course being .S.S. W. We then, pursuing the same course for half a mile, enter the upper part of Deer's-house Lake. Continuing on the same course still, through the lake and up a short channel with a rise of three feet. At the top of this rapid we again entered a part of thn same, or another lake, and our course was W.S.W. for about two miles. This brought uh to another small channel, with a rise of two or three feet, and full of large angular blocks of grey syenite. In three hundred yards wo again come out into a lake, through which we take our way on a course between S.S.W. and .8.W., for say one and a half miles. Here the course changed to W.S.W. for a mile ;
45 Victoria. Sessional Papers (No. 53). A.. 1882!
then west for another three-quarters of a mile ; when we camped on an island, finding it impossible to reach the end of the lake before dark.
Shortly before we camped, my guide pointed to the outlet of a river on the south- east side, up which, he said, lay one of the routes to Lake Nipigon. The section of country passed through to-day has been unusually rocky and broken. Our route has been through a series of lakes connected by short channels, in which there is generally a fall of several feet, occasioning strong rapids. The boundaries and areas of these lakes can only he ascertained by a survey, which would take a considerable time to complete. There is a very small proportion of arable land, and that, so far as I saw, of inferior quality. The timber here is small, and of little, if any, economic value.
The geological formation is still Laurentiau — the chief if not only rocks being gneiss and grey granite, without any minerals of value or importance that I can see, although it is quite possible, if not probable, that such exist. I still continue to find fragments of the limestone and quartzite. I estimate the distance made to-day at about twenty miles,
13th. — Started at sunrise ; course W.S.W. in what appears to be a channel between an island on the right and the mamland on the left. In about half a mile we pass out into the lake again, and in about half a mile more, the course becomes west and so contimies for two miles, at the termination of which we came to the last portage, at Cedar Rapid. The lake which we have been traversing is called Ma-minsh-ka by my guide ; that which we are approaching is called Lake St. Joseph, or Osnaburgh Lake. A few fair-sized cedar are found growing on this portage, and are remarkable on account of the great scarcity of this wood between this and Albany. Took breakfast on the portage ; it is about half a mile nearly in length, and the rise in the rapid eight or nine feet. The baggage had to be carried over the portage, but the voyageurs poled the empty canoe up the rapid. The rock at the foot of the rapid is a mica-schist, in which there is a band or vein of something very like grey granite. Starting from the upper end of the portage on a south-westerly course, about two miles brought us to where a very large quartz vein is seen in the mica-schist, which is still associated with grey granite or massive gneiss rock. About this place our course turned N.W. for about a mile ; when rounding a point we came in full view of Osnaburgh House, about a mile and a half or two miles distant, in a west north-west direction. This post of the Hon. Hudson Bay Company does not present the imposing appearance that some of their other posts do, still it was a welcome sight to us after our long and tiresome journey of twenty-six days from the coast of James' Bay. We were welcomed very kindly by Mr. James Vincent, the officer in charge, and both he himself and Mrs. Vincent did all that was in their power to make us comfortable. Osnaburgh House is situated near to the shore of the lake, at the foot of a ridge from seventy-five to one hundred feet in height. This ridge is composed of sand. To the eastward of the post, a deep bay extends to the north some four or five miles. This bay is to a considerable extent cut off from the main body of the lake by i-slands opposite the post and a long point on the north shore, about a mile and a half to the westward. On this side the high bank approaches close to the shore, but to the eastward it retires from it, leaving a level space sufficient for all the buildings, gardens and other requirements of the establishment. Mr. Vincent kindly showed me all that was to be seen. The buildings are composed of wood, and although neither large nor new, were substantial and in good order. They comprised, as usual, the chief officers' dwelling, one or two servants' or men's houses, carpenter or cooper's shop, trading shop and store-house for the furs; also root house, etc. , etc. The store or trading shop is one of the oldest buildings, and still shows some of the peculiar arrangements that were considered necessary in times past, when the Indians were more uncivilized and dangerous than now. First of all it was deemed imprudent to exhibit before the eyes of the savages who came to trade at the post the guns, toma- hawks, axes, knives, blankets, capots or coats, woollen shirts, sashes, scarlet, black and blue cloth, cotton prints and numerous other articles, of which a large stock must be kept for the carrying on of their trade. These things, which in more civiUzed communities the merchant would have been delighted to have displayed in all their gaudiness and.
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splendour before the admiring eyes of their customers, were here still, for the most part, kept entirely out of sight on shelves behiml the partition, so as to excite as little as pos- sible the cupidity of the poor savages. Another remnant of the precautions considered necessary until a comparatively recent period is still to be seen in the number and size of the windows. These consisted of two only, one of which remained the same as when the store was first built ; this is so small that even if the glass and frame were removed, the opening in the solid squared logs, of which the wall was composed, would be insufficient to allow an Indian to crawl through and thus obtain an entrance. The other window was, until a few years ago, the same size, but was then somewhat enlarged by the officer in charge, who thought that the time had at length arrived when ho could safely do so.
No cattle, pigs or poultry of any kind whatever are kept at this post, which seems to me a great pity. A few milch cows and a pair oi animals for the yoke, one of which might (as I have frequently seen at other posts) be a bull, would contribute greatly to the health and comfort of the families stationed permanently at the post ; and in addition to this, would enable the officer to get in the supply of fuel wanted more easily and probably cheaper than by boats, as at present. Moreover, the manure obtained from the cattle would be exceedingly valuable, as it would allow of the success- ful cultivation of the light sandy soil, which without the aid of manure would be un- productive. Mr. Vincent showed me his little garden and potato plot, on which he applies whatever manure can be obtained in the way of night-soil, fish, refuse, etc. i be garden seeds are brought out from England by way of the Hudson's Bay, and are not only unsuited to the climate, but frequently so old as to be past germination. For this reason, several crops, such as carrots and parsnips, had proved a complete failure. A small bed of turnips and a few " rutabagas " were good, as were also the potatoes. Indian corn, of which a few grains had been planted, had, greatly to my surprise, come to maturity. A suntiower, too, had grown to a large size, and had every appearance of bringing its seed also to maturity. These facts, if not exceptional, would indicate a better climate than anyone could have expected to find on this the Height of Land.
I asked .Mr. Vincent if he had noticed any pieces of the fossiliferous limestone from the north on this lake. He replied that he had not seen any, and did not think such could possibly exist without his having noticed them. On taking a walk along the ■beach, however, we soon satisfied ourselves, not only as to the existence of numerous pieces of limestone, but of fossils therein, although it required the aid of my magnifying glass generally to show them plainly. The pieces found on the beach here were all small and much water-worn, so that in many instances all signs of fossils had been obliterated. In he course of the day one of my men brought me some pieces he had found on the top of the sandy ridge, behind the post, nearly one hundred feet above the present level of the water of the lake. The fact of their existence on this ridge was subsequently confirmed by my own observation.
In the afternoon I commenced to take the census, in which I received indispensable aid and assistance from the otlicer in charge.
The Mnrtin's Falls men return home from here, and it will be necessary to obtaiu two other voyageurs, one of whom at least must know the route we propose taking.
IJ'ih and 16lh. Completed the taking of the census, but information obtained while in the performance of that duty must be withheld until such shall appear through the proper and legitimate rhannel, namely, the Census Returns.
My intention was to have gone from this to Lake Nipegon, thenco to Long Lake, and out by the Pic River to Lake Superior.
Mr. Vincent, however, was unable to find me a guide to Lake Nipegon, which dis- appointed me fireatly, and obliprd me to abandon that route and return by Lac 8eul. It was with considerable difficulty that Mr. Vincent obtained Indians to guide me even to Lac Soul, wbich is said to be about one bundre<l and twenty miles from Osnaburgb. The old chief, who bad been only i>nce over the route some tliirty years ago, and a young man who liad never been over it before, were at length prevailed on to accompany me, and all our arrangements having been completed, we propose onco more starting off on our journey to- morrow morning.
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I partook of wild rice, for the first time, at this post. It grows in this and other lakes in the neighbourhood, and is gathered and used to some extent by the Indians, though not as generally as by those at Lac Seul and thence south to Rainy Lake and Lake of the Woods, where the Indians gather and use large quantities of it. I found it very palatable, whether in soup or in the form of a pudding. It is, moreover, very nutritious — as much so as Indian corn or any of our cultivated grains. Adapted, as it undoubtedly is, to this climate and country, it is surprising to me that no more attention should have been paid to it, nor any attempt made, that I know of, to cultivate it suc- cessfully. The mode of doing this successfiilly can only be ascertained by long-continued and careful observation and experience, and, when the object is one of sufficient import- ance, should be undertaken by the Government.
Lake St. Joseph contains fine whitefish and other fish. This is the mainstay or support of the people at the post, and indeed of the Indians generally, during the summer. Even in the winter the Indians have to depend more or less on fish.
FROM OSNABURGH HOUSE. LAC SEUL, OR LONELY LAKE.
10th. — This morning, everything being ready, we bade adieu to our kind friends and entertainers at Osnaburgh. The wind was blowing fresh, and we had only proceeded about two miles when we were obliged to take shelter under a point and remain there for the rest of the day. I collected many specimens of fossiliferous limestone, some of which I took with me. The larger and heavier specimens, collected on the coast and on the Albany River, had to be left, with a request that the officers would kindly forward them to Moose Factory with the boats nest summer. From Moose Factory they can be brought by the Company's vessel to London, and thence to Canada. A brigade of three large boats, capable of carrying from three to five tons each, starts from Osnaburgh for Albany every spring, taking with them the furs obtained during the previous fall and winter, and returning laden with English goods and provisions. These boats are dragged with great labour over the portages on rollers, the crews helping each other. The voyageurs take from seventy-five to eighty-five days on the trip.
From Albany the furs are sent to Moose Factory in a sloop, and at Moose they are shipped to London by the Company's ship.
17th, 18th and 19th. — Started soon after break of day. The weather fair, but some- what foggy. Our first stretch was about seven miles on a westerly course. I shall not attempt to give the several courses in detail hereafter. Our guides lost their way on several occasions — once for three-quarters of a day, and again for more than a full day. I may say, however, that this lake is about fifty-five miles in length, and from two to eight miles in width. The bearing of its longer axis is between W.S.W. and S.W. Its full extent can hardly be realized owing to the great number of islands it contains. It is a fully larger lake, I think, than Nipissing, and is not unlike the western end of Lake Nipissing. The islands are barren and rocky, and the main shore, if not also rocky, is covered with a poor gravelly or sandy soil. T'he forest is chiefly small pitch-pine, spruce, . aspen and white birch, never large, and often a second growth only. 'The rock is chiefly syenitic granite and gneiss, rarely, either on the shores or islands, rising more than forty or fifty feet above the lake. 'The fossiliferous limestome, the debris of which I have felt much interest in tracing, continues to be found in gi-eatly diminished quantity to the western extremity of the lake, as is also the quartzite so often referred to in these pages.
About ten o'clock or so in the forenoon of the fourth day we came to a small weedy creek near the south-western extremity of the lake, up which, after long thought and consideration, the old chief thought our route lay. It looked very unpromising, but after ascending it about half a mile we found the portage, very much to the relief and satisfaction of all parties, and to none more than the poor old chief himself, who seemed exceedingly mortified at losing his way as he had done the day before. This portage, called Root Portage, is about half a mile in length, and crosses the Height of Land, or Divide, between the waters which flow north-east into James' Bay and south-west into Lake Winnipeg. It is nearly level, and a dam of only a few feet in height, at the outlet of
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45 Victoria. Sessional Papers (No. 53). * A. 1882
Lake St. Joseph, would send its waters the other way. Judging by the eye, when walking over the portage, I should say there was a fall of about four feet, the south end of the portage being the lower of the two.
This portage passes for some distance over a muskeg or peat bog, the bottom of which we failed to find at a depth of seven feet. The course of the portage was south- erly, and it terminated at a small creek, the water of which was very dark-coloured and flowed towards the south-west. On this we embarked ; the source of this creek I do not know, but apprehend from its mossy colour that it is in marshes and muskegs to the south-east. We followed this for two hours on a course averaging about S.S.W. It was so narrow, serpentine and overgrown with willows and alders that our progress was very slow, especially as we had three short portages to make at rapids, the fall in which was six, three and seven feet respectively, in all say sixteen feet, which, with four feet fall in the Height of Land Portage, makes our position in a small lake, about one-third of a mile in diameter, where we now are, about twenty feet below the level of Lake St. Joseph. In the last three miles we have passed thi-ough a marsh or muskeg, bounded ou each side by steep and in some places almost perpendicular ridges of syenite, varying from fifty to one hundred feet in height, and sometimes approaching so closely as to leave merely a gorge of a hundred yards or so in width. Passing out of this httle lake, the brook widens materially, and we are no longer troubled with or impeded by the bushes. In half a mile more, on a southerly course, we came to another portage, the fifth since we left Osnaburgh ; length about two hundred yards, and fall about sis feet. In three-quarters of a mile we come to the sixth portage, in which the fall was also about six feet, and the course about E.X.E. This was followed in quarter of a mile by the seventh portage, with a fail of four feet, the intermediate stretch being about S.E. In another mile, on a S.W. course, we came to the eighth portage, called the Lynx Portage. This portage is nearly half a mile in length, and passes over a somewhat elevated and dry sandy plain. At the lower end of the portage the plateau is thirty feet above the water of the river. The upper stratum is sand, the lower is clay, of both of which I took samples. Fire had passed over this plain some years ago, and a very thin and scattered growth of small pitch-pine and aspen was the only timber to be seen. The fall in the river here must be about fourteen feet, I think. This, roughly estimated, will make our present position about fifty feet below the level of Lake St. Joseph. Camped here.
SOth. — The immediate surface of the sandy plain on which we camped last night was covered with a perfect carpet of beautiful crisp, white moss, which must have grown there since the last fire passed over it.
Our first course, after starting this morning, was about S.S.W. for two miles, and thereafter S.W. for three miles. This brought us to a portage some two hundred yards in length, the fall in the river being about twelve feet. Resuming our journey — the river is now thirty yards wide, and perfectly clear of weeds and rubbish — the banks are low and fringed with alder and willows, and behind that, tamarac in some places from .six to ten inches diameter. This river is, the old chief says, called Root River. About three miles below the last portage, on a south-westerly course, brings us to a lake of some four miles in length, and from one to one and a half in breadth, the shores rocky and the ridges not more than fifty feet in height, bearing a scattered growth of spruce, pitch-pine, aspen, poplar and birch of small size, and in many places quite bare. Passing through this lake, on a north-westerly course, a stretch of three or three and a half miles brought us agaia to the outlet or river, which for half a mile took a south- west, then west to north-west course, and in half a mile more got back again to west. From this wc continued our route down the river seven or eight miles, on an average course, very roughly taken, of about W.S.W., which brought us out into what we tx'* to be Lac Scul, but which, after paddling several miles further, we began to doubt ; and as it was now getting late and rain had commenced falling, we cam]M-d on an island for the night. There were two or three small rapids met with since the last mentioned portage. We succeeded in running these with the canoe. The fall in these rapids may amount in all to about eight feet.
46 Victoria. Sessional Papers (No. 63). A. 1882
This makes the total fall since we left Lake St. Joseph about seventy feet. The length of Eoot Eiver from where we intersected it by means of the portage from Lake St. Joseph is, I think, about twenty-three miles, or about twenty to where it opens out iato this arm or bay.
The rock throughout is Laurentian granite, gneiss or mica- schist, and although the- bottoms along the banks of the Root River might, in some places, make good meadows, the country is, on the whole, poor, and will never be an agricultural country. Nor is the timber of much value.
21st. — It rained all night, and ended with a thunder-storm early this morning. Started after breakfast. This was evidently a large bay full of islands, and so land- locked, that although we had little doubt it was a part of Lac Seul, the trouble was to find a channel through which we could get out into the main lake. Our old guide tried first one and then another, but all in vain, until after dinner-time, when he picked him- self up, so to speak, and found the channel which led out into the lake. It was blowing hard, but taking advantage of the shelter afforded by a long chain of islands, we were enabled to carry on until it was time to camp, which we did upon an island about ten miles, I should say, from that on which we camped last night. Our course has been about S.S.W. The north shore of Lac Seul appears to be higher and bolder than that of Lake St. Joseph. The islands, which are numerous, are either rocky or for the most part covered with boulders. The timber, however, is of larger size, and red pine appear& in many places.
22nd. — Although it seemed settled weather when we camped last evening, we had another thunder-storm with rain during the night ; it was not heavy, however. This morning was fine, and we started at sunrise. Our guide first took a S.W. course, which carried us over to the north shore, along which we then kept, crossing, however, several deep arms or bays until we reached the Hudson Bay Company's post about mid-day, the distance from our camping place of last night to the post being about fourteen miles or thereabouts.
It was necessary to obtain provisions here, and other guides in the place of those- brought from Osnaburgh, whom it was understood should return from here.
I was sorrj' to learn, therefore, on my arrival, that the officer in charge of Lac Seul Post, Mr. Mackenzie, had left only the day before for Rat Portage, and was not ex- pected back for fifteen days.
I got what provisions I wanted at once from Mrs. Mackenzie, but experienced some difficulty and delay in procuring men. I wi.shed to strike south from Lac Seul, or Lonely Lake, so as to cut the Canadian Pacific Railway about Wabigoon Lake. Those we spoke to about it, said it was only a three days' journey for small canoes and light load ; but that our canoe was so large that much difficulty would be met with in getting it across the portages, one of which was said to be six miles long. The man we had some hopes of getting promised to let us know in the morning, and we had, therefore, to wait.
The Hudson's Bay Company's post is nicely situated on a dry sandy point which stretches out a considerable distance into the lake on the north side. The houses and stores are the same very much as those at Osnaburgh, but somewhat better — as plenty of red pine timber, fit for building, can here be easily obtained.
The land too, although high, is fit for cultivation. Cattle are kept, and thus manure is obtained. The only crop on the ground was potatoes, which were being raised and stored away. It did not strike me that the crop was heavy, nor were the potatoes large, but the quality was good. The somewhat small size of the potatoes may be owing to the dryness of the summer. Barley, wheat and Indian corn are all said to come to maturity here.
Quite a number of the Indians have log-houses, and what they call their gardens — little clearings on which they raise potatoes chiefly, or perhaps a little Indian corn. I did not, however, see any of this last growing, although I got some grains plump and ripe, which Mrs. Mackenzie told me had been grown at the post. Carrots also grow well, two presented to me by Mrs. Mackenzie being twelve inches in circumference and
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the same in length. The Indians are mostly settling and clearing on the south side of the lake, where, I understand, they have retained an extensive " reservation."
A school-house and church are in course of erection, in connection with the Church of England Mission at Red River. i^'
Gneiss is the predominant rock on and around this lake, so far as I have seen. I was pleased to find on the beach several pieces of the fossiliferous limestone. They are now, however, very rare, and those which have withstood the wear and tear of being transported such a great distance are confined to the silicified fossils.
33rd. — The Indians I expected to go with me this morning backed out, and it was not until the afternoon that, with the help of Mrs. Mackenzie and Murdocli Mclver, one of the Company's servants at the post, I was able to procure guides. There were only a few Indians about the place, the hunters from a distance having left for their hunting- grounds, and probably the men that would have otherwise been available had gone wilh Mr. Mackenzie to Rat Portage. Others who had little clearings and houses on the lake were busy raising their potatoes, and in addition to all this the fishing season (for whitefish) was just commencing. I had, moreover, some reason to suspect that the second chief of Lac Seul band was ofi'cnded because I had not applied to him to get the men I wanted, which he gave me to understand was the correct and proper thing to do, and that no men could go with me without his consent, or that of tlie head chief, who was not there. On the whole, I was glad that I did not suffer a longer detention, or be compelled, as I might have been, to go all the way round by Rat Portage.
There are two routes from Lac Seul to "Wabigoon," or "Flower Lake." We chose the longer, as our canoe was said to be too large for the other ; and I anticipated considerable difficulty and delay in obtaining smaller canoes.
FROM LAC SEUL, OR LONELY LAKE, TO WABIGOON, OR FLOWER LAKE.
We took our departure from the Hudson's Bay Company's post — Lbc Seul — about one o'clock in the afternoon. Crossing the lake in a S.S.E. direction, we entered a sluggish stream called Canoe River. Bordering on this river there are fine hay-marshes, interspersed with groves of aspen on the drier knolls. The ascent of this stream is rather crooked, but, on the whole, about south. The presence of several bouses and clearings would indicate that the .■joil is, in the opinion of the Indians, among the best to be found at or near this lake. It abounds in some places with wild rice. I pulled up several of the stalks as we passed, and found them to be from six to seven feet in length, and rooted in a soft, black, rich mud, from which they could be drawn easily, and that without breaking the stalk. The grain was ripe, and had been gathered several weeks ago. In a good patch and a good season. I am told that two persons, in a small canoe, can gather sufficient grain in a day to fill, when cleaned, a two-bufhel bag. About three miles from the mouth of the river we entered a lake about half a mile wide and four miles in length, bounded by rocky ridges nearly one hundred feet in height. Passing through the lake on a course almost due south, we again entered and ascended the river for half a mile, which brought us out into another lake about the same size apparently as last. After paddliug some two miles wo landed at a low marshy place on the east side of the lake, where it was necessary to make a portage. This portage is perfectly level, and about two hundred yards in length. The ground is so soft and wet that the canoe with the smaller and lighter articles was dragged across. The course or beariug of the portage is scuth-easterly. We embarked on a narrow lane of slack water which appeared to meander through a very extensive and fine liay-marsh, some- times widening out and forming little ponds, and at other times contracting so that it was with difficulty we could get our canoe through. Our average course was about soutb-east for a mile or a mile and a quarter ; we then came to open water of what was, or lately had been, I think, a portion of the lake we had left at the other end of the portage. Through this we proceeded in a S.S.E. direction. The width is seemingly not more than three-quarters of a mile, but what appears to be the mainland on the west side is, I suspect, only an island. In two miles or so we came to the end of this
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lake or bay, and to the begmning of a portage called Greenwood Portage, said to be two and a half miles in length. Here we camped for the night. Distance from the Hudson's Bay Company's post at Lac Seul estimated at about sixteen miles.
24th.— We had heavy rain during the night, and it continued to rain all forenoon. The portage, too, was found to be in such a state as to be impassable for our canoe without considerable chopping and clearing. We were anxious for the weather to take up, 80 that we might get our things across the portage without having them completely •wet. What with waiting for it to clear up, and the time occupied in making this long and troublesome portage, it was quite late in the afternoon before everything was across. We embarked, however, near sunset on a creek in the marshy corner of a small lake. The portage is, I think, hardly two miles in length, and the lake at the south end is, I should say, a few feet higher than that which we left. We had not gone more than two miles when, darkness and rain again coming on us, we were obliged to camp. The rain fell in such torrents, and the wood was so poor, that the men had great difficulty in getting up a fire wherewith to cook their supper, much less to dry their clothes.
Distance from Lac Seul say twenty miles, having only made about four miles to-day, and that in a southerly direction.
25th. — Soon after we started this morning we entered a lake about a mile in width. It is called English-head Lake. Our course for the first mile was S.S.W. The lake then forked or divided into two arms — one stretching away to the S.W. beyond our sight; the other, which we follow, E.S.E.
There was, in old times, a fur-trading post on this lake. It is said to be included in the Lac Seul Indian Eeserve. A number of the Indians have their shanties and gardens on this lake. Our guide called at one or two places to obtain from the inmates infor- mation as to the route, which I now learnt, for the first time, that he did not know thoroughly. An old Indian chalked out a very rough map showing the route, which my men seemed to understand, although quite unintelligible to me. I saw a number of fine whitefish, just taken out of the water, at this camp, and have no doubt that there is abundance of fish in this lake. I bought a whitefish which would weigh between three and four pounds, and what my men called a herring weighing one pound. After half a mile on an E.S.E. course, we proceeded on a due east course for about two and a half miles, and then went ashore on the south side to get breakfast. While breakfast was cooking I succeeded in finding several specimens of silicified fossils belonging, as I believe, to the Devonian limestone formation of James' Bay ; also of the pitted quartzite from the same quarter. I could see no sizable pieces of the limestone itself, but picked up a number of small bits among the gravel, the composition of which is, I think, the same as that of the limefetone in question.
A mile after we had started the lake forked again, one arm going off to the north- east and the other still continuing on toward the east. Rock, gneiss, and groves here and there of red pine. Nice little sandy and gravelly bays and beaches on this part of the lake. In little more than another mile the lake forks again ; one arm bearing east we still fol ow. It contracts to about a quarter of a mile in width, and at about three miles from our breakfast place we came to a river about three chains in width, up which we ascended on a north-easterly course for about three-quarters of a mile, when the rapid became so stony it was necessary to make a portage. It is called Crane Rapid or Portage. It is about half a mile in length. The rapid is really two rapids, the aggre- gate fall in which seems to be about ten feet. The men portaged part of our baggage and poled up the canoe with the remainder, making what voyageurs call a " demi-charge. On this portage we found the first maple seen since we left the coast. Our first course above this portage was E.N.E. A deep bay soon took off to the south, making the lake (for such it is) more than a mile in width here. In about another mile the course changes to S.E., and in a quarter of a mile thereafter the lake divides into three arms, bearing respectively about east, west and south, and each apparently two or more miles in length. We pursued the arm bearing south, but had not followed it more than half a mile when it forked again, one arm going off to the S.E. and the other to the S.W.
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45 Victoria. Sessional Papers (No. 53). A. 1882:
We follow up the soutli-eastern arm or channel. In two miles our course changes to S.S.W. Here a high bare rock, nearly two hundred feet in height, on the west side, is called The Sioux Rock, from a tradition that the braves of this warUke tribe used to watch here for their enemies, the Chippewas, on whom they would pounce unexpectedly as they passed to and fro in their canoes. A short distance further and the channel contracted, the current becoming almost a rapid.
We soon passed this, and the lake again expanded some four or five miles in width,, with deep bays running oil on each side. Through this we took our way on a south- easterly course. We had only proceeded ab mt half a mile on this stretch when, passing a point on the west side, I observed that it was composed of " Syenitic Conglomerate," the first decideiUij Huronian rock that had come under my notice since I left the coast of James' Bay. In another half mile the course changed to E.N.E. and so continued for the next mile. This brought us to a narrow channel and rapid, called the Toad Eapid, up which it was necessary to tow the canoe with a line. After passing through this channel our route took a southerly course through another lake-like expanse for two miles, at the termination of which we came to an opening or arm stretching to the S.S.W, with landmarks which our guide knew and was in search of. Here, night coming on, we were obliged to camp.
The country passed through to-day has been broken and rocky and full of lakes. The soil, where arable, is light and, I think, only to be found in patches of limited extent. Red pine is common, but as yet neither in size or quantity of much value. Distance made to-day, say twenty, or about forty miles in all from Lac SeuL
2Gth. — Started at break of day, and in half a mile our channel opened into a fine- stretch of water, seemingly at least ten miles in length, on a course a little to the south of south-west. The width appeared to be about a mile, and very regular. This lake ifr called Minnietakie. The shores are of moderate height, say from fifty to one hundred feet ; rocky, but not entirely destitute of soil, the ridges being clothed with forest trees, chiefly aspen and birch, with scattered red pine, which is occasionally seen also in groves or clumps covering a few acres. The timber is not large, probably because it has not had time to attain full growth since the last fire. Soil sandy, resting sometimes on- clay and at other times on the rock. The water is clear and apparently deep, and must, I think, abound with fish. The guide tells me that lake trout are got here, and, I have hardly a doubt, whitefish also. The variety and richness of colour displayed by the foliage of the trees at this season impart a beauty to scenery which at other times might possibly appear tame and monotonous. After paddling about five mUes, we went ashore on the north-west side to breakfast. The rock here appeared to me very like diorite, and a little further on was a greenish-grey schist, almost a slate, both, I think, of the Huronian age.
After breakfast we resumed our journey, and in about three miles came to a point where our course was changed to W.S.W., the lake becoming much wider, with a number of islands. Our guide, as we afterwards found to our cost, had made a mistake here or hereabout. He should have taken a channel on the north-west side which communicated with another lake or cliannel running almost parallel witli this, but extending considerably beyond it to the south. Passing this, however, he kejit on to the very end of the lake, changing his course repeatedly, and evidently unable to recognize any objects that cor- responded with the description given by the old Indian yesterday morning. The extreme length of the lake from where we started early this morning is, I think, about fourteen miles, and the bearing about S.W. As we neared the end I saw a ridge to the south, rising behind that which bounds the lake and apparently much higher. The south-west end of the lake is studded with islands, and very pretty. Having searched in vain for a portage, we concluded to take dinner and think over the matter. While dinner was cooking, the younger of the two Indians I liad procured at Lac Soul, and wlio is named Peter, went off to explore. After we had nearly finished our dinner Peter returned to tell us that ho had found the winter trail leadmg from this lake to a small lake on the other side of the ridge, and that he thought by cutting out and enlarging it we could portage our canoe and things over, and that another portage, or at most two, would
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46 Victoria. Sessional Papers (No. 53). A. 1882
enable us to regain the regular canoe route. This information was given from memory, having once made a trip to Sandy Lake on snowshoes in the winter. Sandy Lake we knew was a part of the canoe route. On consultation with the older man, or guide, whose name was Eobert, we concluded to make the attempt rather than turn back so far, and then, perhaps, faO in finding the channel before referred to.
After dinner, therefore, the men all set to work cutting out the portage, and carrying over the things. It was about half a mile in length, and passed in a south-westerly direction over a ridge about sixty feet in height — the de- scent on the other side being some forty-five feet only, as nearly as I could guess, and terminating in a small lake hardly half a mile in diameter. This lake or pond was surrounded by a muskeg or peat bog. Crossing this we found the trail on the other side. This led to another and larger lake, and was fully a mile in length — the first half mile over muskeg, the last half mile over a high ridge— on which I saw gneiss rock again " in place." We camped at the south-western end of this portage, being unable to get over more things than were necessary to make us com- fortable before it was dark. This lake is called " Bushka," and I am told that we are again on the regular canoe route. I found a piece of the pitted quartzite and one or two pieces of chert or flint, from the fossiliferous limestone, at the south end of Lake Minnietakie ; but it was only after a long and diligent search that I succeeded.
The distance made to-day is about sixteen miles, or say, in all, about fifty-six miles from Lac Saul.
27th. — It was after ten o'clock before we got the canoe and the balance of the things over this portage. Lake Bushka, on which we now embark, is not a great deal higher than Minnietakie ; for, although its waters flow into Lake Minnietakie, I am not aware that there are rapids, or falls, requiring portages to be made on the inter- mediate channel or lake. This lake is narrow, say about one-third of a mile in width. About half a mile from the portage we passed a pretty little waterfall on the east side. Our course was now S.S.W. In another mile the width of the lake increased to about two-thirds of a mile ; and a distance of about three miles from the portage brought us to the end of this lake, and to the northern extremity of the portage, to " Sandy Lake."
Here we found several large cedar trees blazed and marked as follows :—
C. P. R. S.,
April 9th, 1872.
W. MtTRDOCK.
M. C. p. R. S.,
August 12th, 1872. "Flies very bitesome."
E. W. Jabtis.
C. P. R. S.,
24th September, 1872, " Very wet."
C. E. Perry.
C. P. R. S.,
September 29th, 1872. " Heavy snow storm"
C. E. Perry.
Ch. Burk and L. S. Zimmerman
"en route" to Lonely Lake (Lac Seul),
for Indian Payment.
"No church to-day." Sunday, July 25th, 1880.
These inscriptions were interesting to me in several respects. First of all, I had lost confidence in my guides ; and as our slock of provisions was nearly exhausted, it
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45 Victoria. Sessional Papers (No. 53). A. 1882
was satisfactory to learn that we were now on the proper route ; in the second place, the occurrence of " a heavy snow storm " on the 26th "of September" renjinded me that this was the 27th day of September, and that I was still about two hundred miles from Thunder Bay, Lake Superior; and, thirdly, among the travellers and explorers who had inscribed their names in this rude book of nature, was one old friend.
The portage to Sandy Lake passes over a ridge sixty or seventy feet in height, and IS some three-quarters of a mile in length. I should say, judging by the eye merely, that Sandy Lake is fifteen feet at least above Biisbka Lake.
Fallen timber made some chopping and clearing necessary before our canoe could be got across the portage. It was half-past one o'clock when we got the last things over, and embarked on Sandy Lake. Our course now for three-quarters of a mOe was S.S.W., then S. W. for about three miles and a quarter to near the south-west corner of the lake. There we found another portage, the length of which neither of my Lac Seul guides seemed to know. While dinner was preparing, 1 started off along the portage to see what it was like, and after goiug nearly two miles without any appearance of the end, I thought it time to return. I had barely got back when the rain, which had been falling for some time, came down in torrents, and we concluded to camp. I was partly decided to do so by a misfortune which had happened to our guide, Robert, on the last portage, wiiere he had trod with his bare foot upon a sharp-pointed stick, which pene- trated it deeply, not far from the great toe, making a very ugly and painful punctured wound, in which probably a piece of the stick was left. The foot had become greatly swollen, and was so painfid that he could hardly put it to the ground ; and I began to fear, not only that he would be useless on the remaining portages, but that we might be under the necessity of carrj-iug him too. 1 gave him a pair of shoe packs (called beef shoes in the north), and let him have a lancet wherewith to cut out the piece of stick, if any of it was still remaining in the wound, and trusted that with rest and a night's sleep he might be able to go on. A pair of forceps should be taken along on such trips as this. Sandy Lake is some four miles in length, and about the same or a little more in breadth. Eocky ridges surround it on nearly all sides — the height ranging /rem 100 to 2.i0, or even 300 feet. It was some of these, probably, that I caught a view of from the lower end of Lake Minuietakie. The only low ground is at the portage where our camp is, and an opening at the south-east corner. The ridges are in all i)robability composed of gneiss and syenitic granite, and are mostly bare. At the camp here, and as far along the portage as I went, the land is flat, with a clay soil, and not much stone that I saw. It appeared to me a good wheat soil if only drained, as it might easily be. Fire had gone over it, seemiugly some ten years ago, and a dense growth of young tamarac about six feet in height, was again springing up.
We have only been able to accomplish eight miles to-day, making the distance from Lac Seul about sixty-four miles.
I found no fossils to-day ; indeed I had no opportunity of looking for them.
38th. — It rained hard most of the night, but has now ceased. The portage path is 80 narrow and so beset with bushes dripping with water, that I expect the men will be perfectly drenched before they have gone half a mile. Taking an early breakfast, three of the men started on the first trip. The guide's foot was no better, and he was quite unable to assist in taking over the things. On the return of the men for a second load, tliey informed me that the portage was very wet, and nearly four miles in length. It terminated at a small lake which, as I afterwards ascertained, is called Little Sandy Lake. I set out myself on the second trip. The first half of the portage I passed over yesterday, and described as flat clay land, covered with a youug growth of tamarac. In the second half the portage passes over a stony ridge nearly one huadred feet in height. The rock is syenite, and the boulders, which arc numerous, are altuast altogether com- posed of the same, with a fi'w which 1 take to be of trap rock, and some of a greenish, chloritic schist. The descent is not, I think, quite so great as the ascent ; and the general course of the portage is S.W. It was after three o'clock before everything wm over and we were again ready to start. The men hatl to make three trips — two with oar baggage and one witb the canoe. This compelled them to cross every portage five
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45 Victoria. Sessional Papers (No. 53). A. 1882
times; aud if the portage, as iu this iustaace, is three or four miles in length, they must walk from fifteen to twenty miles, and for three-fifths of that distance with heavy packs (loads) ou their backs. Often, too, the portages are either very steep, very rough, or over muskegs where the voyageur sinks down half-way to the knee at every step. The amount of " trashing," to use a vulgar though expressive term, which they undergo, and that cheerfully, has often excited my admiration. Little Sandy Lake appears to be of a roundish shape, aud in size about two miles in diameter. My guide did not know where to find the portage on the other side, so we crossed at chance on a southerly course. As we neared the south side, arms took off to the east and west, but of no great depth. Following that to the west, we soon found the portage, or at least a port- age. We advanced two stages along this portage, and camped. Peter went ahead to ascertain how long the portage might be, and whether it led to the railway or where. It was dark when he returned, and we were disappointed on learning that it was longer considerably, in his opinion, than the last portage (four miles), and did not terminate at the railway, but at a small lake. He comforted us, however, with the assurance that he could hear the whistle of a locomotive and the rumbling of the trucks at no great distance, as he thought, on the other side of the lake iu question. Distance made to-day about seven miles, and from Lac Seul seventy-one miles.
29th. — -Started early, and after we had made two more stages we met an Indian on his way to Sandy Lake to shoot "loons" (the great northern diver), of which, though too rank, oily and fishy for us, the Indians are very fond. From him we ascertained that we were on the wrong route again, inasmuch as the telegraph ofiice, stores, etc., had been removed further west, where the work was now being carried on. From what he further told us, however, we thought it now better to go on.
Iu three miles we came to a small lake, not more than a mile in diameter. This we crossed, and landing at a portage, we there stopped to take dinner. While this was in preparation, I went on along the portage, and in about a mile strack the Canadian Pacific Eailway at a point some two hundred and six miles west of Thunder Bay.
There was not, however, a soul to be seen in either direction. The Indian whom we had last met told us that we would find a shanty about a mile to the east of where the portage cut the railway, where a trader lived. I accordingly started down the line to find the trader, and found several deserted shanties, and among them one that had evidently been occupied by a trader, but he too was gone. At the end of three miles I was about to give it up, when I saw a shanty a little off the line, and, on going to it, was glad to find it occupied by three or four men, whose duty it was, I presume, to keep the track in a passable state. From them I learned that Mr. Marks, one of the con- tractors, had gone up the line, about a week before, to open a new gravel pit some twenty miles to the west, and had not yet returned, but that they expected him down soon. This was good news, for Mr. Marks was an old friend, and when I was at Prince Arthur's Landing, in the month of June, had told me that if I returned by Lac Seul and struck the railway, he would, if I telegraphed him, have me brought down to the Landing. I therefore returned with the intention of sending one of my men up the line with a note to Mr. Marks, and found them already over the portage, and awaiting my return beside the railway. I wrote a hiuried note and sent it off, but my man, after walking three miles, was overtaken by a boy on horseback who was going to near Eagle Lake, and as he said he would see Mr. Marks next day at the latest, the note was en- trusted to him.
We camped as near the track as we could obtain shelter and wood, in order that we might be ready to go aboard the train (should such come along) at a moment's notice. It had rained heavily all the afternoon, and threatened to be a wet if not a stormy night. On the long portage yesterday, and all around our camp, the country is flat or undulat- ing, with comparatively few ridges of rock showing above the surface, which is composed of a fine light-coloured clay without any admixture of gravel, pebbles or stones what- ever. It is laminated and almost indurated a little below the surface, and small clay stones of curious shapes are not uncommon. In one cutting near our camp a stratum
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45 Victoria. Sessional Papers (No. 53). A. 1882
of red clay is exposed. It is not more than about a foot in thickness, and has the light- coloiired clay both above and below it. Although dry and indurated to such a degree as to require the use of the pick when first taken out, it soon crumbles down and becomes soft and tenacious — so solt, indeed, and inclined to run that neither the sides of the cuttings nor the embankments composed of it are likely to bear exposure to the weather. The depth of this deposit of clay I had no means of ascertaining, but some of the cut- tings on the railway that I saw were at least twelve feet or more in depth. I have no doubt that the thickness is variable ; and from the fact that what would otherwise be, in all probability, a rough, rocky section of country, is a comparatively level or undu- lating plain, I would infer that the clay is of such depth, or thickness, as to have filled up all the depressions, and even to have covered most of the smaller knolls and ridges of the underlying Laurentian or Metamorphic rocks. I am unable to fix the boim- daries or to estimate the area of this clay section of country. In coming from the nortli, I first met with it on the portage between Big and Little Sandy Lakes, but it extends a very considerable distance, I am told, in an easterly and westerly direction along the line of the railway — not less, probably, than forty or fifty miles. If of equal depth in a northerly and southerly direction, even making allowance for some rocky ridges and for lakes and muskegs, this, with the advantage of the Canada Pacific Railway, will prove a valuable tract of country for grazing, if not for agricultural purposes.
■30th. — It rained so hard last night that my men were drowne '. out, and had to shift their camp. I held out until the morning, the extra quantity of pine boughs and brush underneath my bed barely serving to keep me above the water, by which my tent was entirely surrounded. Settled with the Indians from Lao Seul, and they started oflf on their return home. We had taken nearly twice as long on the route from Lac Seul as we were led to expect ; and when we had given them provisions sufficient for their return, we had little or nothing left for ourselves, and I was obliged to despatch John Driver up the line for a little flour and pork. He succeeded in getting some flour, but could not obtain any pork.
In the course of the afternoon a young man passed with a lorry, to bring up, as he told me, an engine from a station below.
A fine breezy day, of which we took advantage to dry our blankets and clothes, which needed it not a little.
Reckoning that we made about five miles yesterday, the distance from this to the Hon. Hudson Bay Company's post at Lac Seul, by the route we have followed, will be about seventy-six miles ; from this to the town plot of Fort William, 204 miles ; from this to Wabigoon Lake, westward, about three miles ; and to the telegraph station, eleven or twelve miles.
October lit. — A locomotive and a number of trucks loaded with ties passed up t e line westward this morning. The young man I saw yesterday going down with the lorry, told me that they expected to return in the eveoing, and that Mr. Marks would he with them in all probability. I went a little way with the engine, and woud have gone further, if not to the end, but the line was in such an unfinished and, to my mind, unsafe condition, especially after tlie late heavy rains, that I got off at the first stopping- place and walked back.
Late in the evening the locomotive returned, and with it Mr. Marks, Mr. Bell, C.E., in cliarge, and a number of workmen who were going elsewhere for the winter. Mr. Marks bad received my letter, and handsomely redeemed his promise. We travelled all night, and arrived (after some hours' detention at Savanne) safe and sound at Prince Arthur's Landing on the following afternoon. The darkness of the night and the box car in which wo travelled altogether prevented my tfrinij, and therefore furmimj any opinion whatever of the country passed through in the train. I can, therefore, say nothing on that subject
■2nd. — At Prince Arthur's Lan<ling I had the pleasure of meeting Dr. Boll, of the -Oeological Survey, who told me that he was going up the Line as far as he could get by
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45 Victoria.
Sessional Papers (No. 53).
A. 1882
rail, aud thence by cauoe to Rat Portage, taking note of the geological and other features of the country as he went along. Dr. BelVs report will, therefore, supplement mine in reference to the country between Thunder Bay and Wabigoon Lake.
The distances (roughly estimated) between the principal points visited in the course of my explorations this season, with the number of portages, and total mileage, are as follows : —
RODTK.
From Michipiooten River to Missanaibi Post
' ' Missanaibi to Flying Post
" Flying Post to Matawagamingue Post
" Matawagamingue Post to Moose Factory
" Moose Factory to Albany Factory
' ' Albany Factory to Martin's Falls
" Martin's Falls to Osnaburgh House
" C)3naburgli House to Lac Seul Post
" Lac Seul to the Canadian Pacific Railway, near Wabigoon Lake .
By Canoe
' ' Railway, from near Wabigoon to Prince Arthur's Landing
No. of Portages.
11 45 22 20
27 9 9
143
Rail and Steamer, from Toronto to Michipicoten River, via Thunder Bay (going)
" Steamer and Rail, from Prince Arthur's Landing to Toronto (returning) .
Total number of miles travelled
Distance in
Miles.
90 140
85 275
96 212 212 100
75
1,275
310
885 685
3,065
8X
45 Victoria. Sessional Papers (No. 53). A. 1882
THIRD ANNUAL REPORT
ItESPF.CTIN'fJ THE
WESTERN PART OF THUNDER BAY DISTRICT,
BV
W. D. LYON, ESQ., STIPENDIARY MAGISTRATE, BEINU HIS REPORT KOR THE YE.\R
1881.
To the Hon. Oliver Afowat.
Sir, — -I have the honour to submit this my thiivl .\iiuual Roport ro.specting the western part of the Thunder B;iy District, extending from the mo.st easterly part of Hunter's Island, on the international boundary, to the mouth of Rainy River, one hun- dred and seventy miles ; north-west from the mouth of Rainy River to the north-west an-iie of the Lake of the Woods, forty miles ; northerly to the junction of the English and Winnipeg Rivi-rs, sixty miles; easterly to the most easterly part of Lac Seul (or Lonely Lake), at the intersection of the meridional line of the most easterly part of Hunter's Island, oih' hundred and eighty mili-s : sjulh to the most easterly part of Hunter's Island on I lie international Icnindary, one hundred and eighty miles, and being part of the, territory awarded to Ontario by the arliitrators appointed to determine the northerly and westerly boundaries of the Province.
Valuable and reliable information respecting this country can only be procure<l from the intelligent explorer and personal iiispi-ction. The information that has been acquired from persons who have travelled the different canoe route,s is very limited and conflicting, and only applies to the sliores of the several laki-s and rivers on the routf traversed ; and whether there is goo<l land or valuable timber, or rich mines, at one mile or twenty in the interior is a matter upon which tli^re is no accurate information, exc<"pt with reference to the country b )rdering on the Lake of the Woo Is, Rainy Lake, Rainy River and along the line of the Canadian Pacific Railway. In these localities the forest has been pene- trated by persons in search of timber and minerals, and the several statements made respecting those tracts of country corroborate e.ich other. That there is a large quantity of timber, consisting of red pine, white pine, cedar, tamarac, spruce and poplar tit for lumber, railway ties, building timber, telegraph poles, fencing and boat-building dis- tributed over th? great<"r part of this portion of Thunder Uiv territory is now beyond
45 Victoria. Sessional i'apers (Ho. 63). A. 1882
doubt. Timber that, some years since, was considered of but little value in the pine- growing regions to the south, is found to be of great value here, situated as it is within easy distance of the woodless prairies of the North-West. The poplar of the North-West is a much better quality of timber than that found further south. It here grows to a large size — trees are often found as large as thirty inches in diameter, tall, straight and sound, and it is very white and close-grained. It is largely used for building timber, and would make very good lumber for many purposes, and, though inferior to beech and miiple, it makes very good tirewood. This species of wood usually grows here on rich dry soil, similar to the soil which in Ontario produces sugar maple.
There is a considerable quantity of j-pruce spread over this country, but I have seldom seen any considerable quantity of large trees in one place. This tree is found growing in the wet, mossy muskeg as well as on the top of the highest mountains ; it seldom exceeds eighteen inches in diameter, is tall and straight, makes good lumber and excellent framing timber.
The birch found in this country is of but little commercial value ; it is nearly all white birch, and seldom grows to any considerable size. It makes good fuel and is largely used for this purpose, as it burns freely, whether green or dry ; and the bark is turned to good account by the Indians in the manufacture of canoes, pails, boxes and fancy work.
But little oak grows in this region ; it is never found in large quantities. A few trees are frequently found on the valley of a creek or river, but I have never seen any very large specimens. Trees are seldom found to exceed eighteen inches in diameter. The timber is of excellent quality, tough and easily bent when green, and when seasoned becomes very hard and strong ; it is straight-grained, and splits easily.
Eed pine is to be found over the whole of the disputed territory, not usually in large solid blocks, but in groups, with spaces between, covered with other kinds of timber or burned territory. There are certain sections or belts of country covered more closely with pine timber than is the rest of the territory ; these sections are to be found on the islands and shores of Eainy Lake, in the valleys of the Seine and Manito Elvers, and on the shores of Manito Lake, in the valley of Grassy Eiver, in the islands and shores of the Lake of the Woods, the shores of Vermilion, Eagle and Sturgeon Lakes, the shores of Lac Seul, Sandy Lake and Crow Lake.
It is difficult to make an estimate of the quantity of pine timber on the sections named, and much more difhcult to make an estimate of the timber suitable for lumber contained in the territory ; but some idea of the quantity of timber may be formed from what is known of the sections occupied as limits and other sections explored with a view to their location as limits, which are portions of these belts, but by no means cover the greater part of the timber of the territory. From the reports made by the parties who explored the several limits and proposed locations referred to, the aggregate quantity of lumber contained in them would reach one thousand millions of feet, besides a very large quantity of timber suitable for ties, buiklLiig timber and cordwood, which is found within the same area. »
White pine forms but a small percentage of the pine timber here ; but few large groves are to be seen, and it is usually found in small lots amongst the red pine or adjoining it. The trees are not so tali as in the southern part of Ontario ; they have a greater quantity of limbs, and produce but little clear lumber, but are usually sound and afford a fair quality of lumber. Trees are frequently found as much as three feet in diameter, but that is much above the usual size. I think the average diameter of logs of a season's cutting of red and white pine together would not exceed fourteen inches.
The quantity of lumber taken out last winter by the Keewatin Lumbering Companv, McCauIey & Co., and Fowler & Co., was upwards of ten millions of feet, and the owners of the same limits have arranged to take out twenty millions of feet during the present winter. Lumber sells at Eat Portage for $22 per thousand feet, and the freight to Winnipeg is $3 a thousand on the Canadian Pacific Eailway. McCauley ifc Co. sold their limit and plant last fall to Dick i Banning, of Winnipeg, for .$240,000, and Fowler tt Co. sold theirs to Hugh Sutherland & Co. for $70,000.
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45 Victoria. Sessional Papers (No. 53). A. 1882
From the quantity of timber found in this part of the disputed territory, it is quite evident that a large revenue could be collected from dues, if levied in proportion to the large profit made on the manufacture of lumber.
The grant awarding the Canadian Pacific Railway Syndicate twenty miles on each side of the line of railway practically places the control of the timber for railway purposes iu the hands of that Company, as (assuming the grant to be valid) they can exclude all other Railway Companies or private persons from the use of the timber controlled by them, or sell it at their own prices. They can shut off all opposition from beyond their limits, as their railway is the only outlet to the prairies of the North-West, where the timber is recjuired. There is not .so much difficulty to be anticipated in respect to lumber as in railway ties, piles and telegraph, poles, of which there is abundance here, there being large quantities of timber of the .size required. Large numbers of persons would have found profitable eniplovnu'nt during the winter season in taking out timber in different localities of tiie description I have named if the price had been left to public competition.
In addition to the timber to be found on the Canadian side of the boundary line, there are large ([uantities of timber on th(; American side, the natural outlet of which is the waters forming the international boundary, extending along Basswood, Nequaiiuon, Nameukan and Rainy Lakes, Rainy Rivir and the Lake of the Woods. There are many tributaries of these waters running far into the country to the south, sucii as Vermilion, Little Forks, Big Forks, Black and War Road Rivers, on the banks of which tliere are large quantities of timber. All of this will find its way into Rainy River and the Lake of the Woods, and be manufactured on the Canadian side of the line, and this will involve a large outlay of American capital on Canadian soil, give employment to a great numlier of workmen, and open up a market for the products of the soil all along the Canadian frontier. There are parties at present negotiating for tlic purchase of property on which to erect mills, and build lines of track to connect with the railway at Rat Portage, which is the outlet for the whole of the lumber trade of this valley extending east to the Height of Land. Rat Portage will before long become a place of considerable commercial importance, as it affords the best of facilities for manufactories, and is the most important shipping place on the line of the Canadian Pacific Railway from Winnipeg to Prince Arthur's Landing.
Geological.
In describing the geological features of this region to the east of Rainy Lake, along the Dawson route, and that portion of the territory lying iMrtween Lac Seul and Lac des Milles Lacs, traversed by the canoe route, I will quote largely from the report of Professor Bell and others who have explored these sections of the country with a view to procure information respecting its geological formation : —
" Launmtian gneiss, running in a south-westerly direction, extends from a point on the south shore of Lac des -Milles Lacs, almost four miles ea.st of Baril Portage, all along the chain of lakes which this route follows as fur as Sturgeon Lake. Mica schist U-gins near tin? Inlet of .Sturgeon Lake, and continues along tlie route an far as epos's Lake, The miui schist appears to be all of the same character. It is moderat<?ly coarsi'-grauieil, and has a white shining appearance, with black specks on fresh fractures, and often holds small hard patches of pebbles of a granular quartzose character like sandstonu. At Cro.ss Lake the mica schist liccomea much mixed witli reddish granite in the form of veins and intruded m:i.s.ses, the proportion of gnnite increasing in approaching Ne(|uaquon Portage, at the we.sU.Tn extremity of the lake ; in the weftern part of t'ross Lake nearly all the points and islands are formed of granite ; at Nequa(|iion Portage the rock consists of a dark grey mica schist, interstratified with gneiss, the latter prevailing towanis lh«> we.Ht end of the Portage, where it ha.s entirely n-piaced the former. The rocks along the route from Nequaquon Portage towards Kettle Falls centrist partly of gneiss and partly of a dark, cn.irse, splintery, shining mica schist, to a point on N<inakon Lake about six ruiles west of tUr. Narrows, along the east siile of Mequa<pion Ijike, and approaching the main body of gneiss in the western part of Neinakon Lake ; the gneihs and mica schist nrt' interstratified with e.ioh other, wliil<> between the two lalt<T the rocks consist of mica ■chi-'ii alone, with some veins and uiusseM of granit''. Procewling wejjtwanl from Kettle
,s4
45 Victoria. Sessiomil Papers (No. 53). A. 1882
Falls through Rainy Lake, gneiss continues to prevail for about twenty miles. Tlie gneiss at that locality holds micaceous bands and intruded waves of coarse reddish-grey granite ; a broad band of schist covers the central part of Rainy Lake."
Near the Narrows of Kainy Lake a belt of Huronian rocks is found, of eight or ten miles in width, composed of chlorite, talcose, silicious and green stone slates running north-east and south-west; this belt of rocks continues up the Seine River. The rocks at Fort Francis, and from there to Manito River, are composed of granite and gneiss. In going north along the Manito River, a broad belt of Huronian silt is found, composed of greenish and greyish strata, having a slaty structure consisting of chlorite, argillaceous, silicious and diorite slates, with interstratified beds of micaceous diorite ; this formation continues north to Lac Seul. From Rainy Lake to the mouth of Rainy River but few rocks appear above the surface, excepting at Fort Francis and a few miles below it, at Manito. the Sault Rapids and Rapid River. The rocks found at the several points on Rainy River are the same as those at Fort Francis until the mouth of Rapid River is reached. This river ilows into Rainy River from the south or American side at a dis- tance of about eighteen miles from its mouth ; here massive rocks are found of Huronian schist.
From the mouth of Rainy River for a distance of fifty miles northwards the rocks found on the islands of the Lake of the Woods and points of mainland are principally composed of granite and gnei.ss. The granite is of a reddish colour, of excellent quality, and is pronounced to be equal to imported granite by persons capable of judging. Quarries are to be found here easy of access, where blocks can be got of any size, and columns of any length that may be desired. This bed of granite was discovered by Pro- fessor Bell some years since, and now bears the name of Bell's Harbour.
From the end of Whitetish Bay, at Turtle Portage, the formation changes, and from that point to a short distance to the north of Rat Portage the rocks are of Huronian formation, and are composed largely of argillaceous, silicious, chloratic, dioritic talcose and green stone slates, schist, trap and hornblend. This formation covers a great part of the islands of the Lake of the Woods, Petamugan Bay and Shoal Lake, and continues in a north-easterly direction across the line of the Canadian Pacific Railway. In this broad belt, at least twenty miles in width, there have been a great number of quartz veins discovered, containing gold and sUver, galena, copper and iron pyrites ; not less than two hundred locations have been surveyed, all of which bear indications of gold or silver ; and in many of those veins gold can be seen with the naked eye, but the gold is usually dis- tributed through the rock in fine particles, and can be taken out by grinding the rock and washing. A stamp mill has been erected on Boulder Island, and put in operation by Manning it Baily, but they have discontinued the work until they can obtain a title to the land and form a Company with suflicient capital for the purpose of carrying it on efficiently. It is very much to be regretted that the rock-crushing had not been con- tinued till a fair test was had of the yield of gold to the ton of rock in that locality. A large number of gold-bearing veins are found in the immediate vicinity of Boulder Island ; on Hay Island thei-e are several veins that have been opened out for a few feet in depth, and the rock taken out is found to contain more or less gold. The Minesabic Mine has been opened to the depth of fifteen feet, and an assay has been made of the rock at that depth and found to contain thirty-six dollars worth of gold to the ton of rock. This mine has attracted the attention of skilful miners and capitalists, who would readily invest their money in developing it if they could procure a title to the island, which they cannot, on account of the question of the disputed boundary. Minesabic is a small island containing about five acres, with two well-defined fissure-veins running parallel with each other across the island and crossing the formation ; both ends of the veins are lost in the waters of the lake.
The Thompson Mine, situated on Hay Island, resembles Minesabic in most par- ticulars : some of the best specimens of native gold that have been found on the Lake of the Woods have been taken from this mine. The owner of this mine sank a shaft a few feet deep near the shore of the lake, and the water broke into the mine and filled it up, and, for want of means and appliances to dam the water back and pump the mine dry, he has been obliged to abandon it for the present.
8.5
45 Victoria. Sessional Papers (No. 53). A. 1882
The mine known as the Hay Island lead has a well-defined vein four feet wide near the surface ; the sulphates have become decomposed, leaving crevices in the quartz, and in many instances exposing native gold at a short distance from the surface ; the sulphates remain solid and less gold is visible, but on crushing the rock and ■washing it, it is found to be equally rich.
The Crowe Mine, situated on a peninsula in the Lake of the Woods, and discovered by Baker, was the first mineral location surveyed in the district. An assay was made of quartz taken from this mine, and the result proved very satisfactory. The discoverer sold iiis interest in this mine for $1,000.
The Tunnel Island iline is situated on Tunnel Island (as the nt^me denotes), at the head of the Winnipeg Kiver. Miners are now employed in drifting into the lead. This mine is a wide fissure-vein, almost two feet in width, carrying silver in paying ([uantities, judging from the report of an assay made. A shaft was sunk on this vein ten feet deep, but owing to the water coming in it was abandoned, and a tunnel made above water-level into the vein. This mine was discovered by Frank Moore.
Of the numerous vems that have been discovered, with the exception of those I have alluded to and a few others, numbering upwards of two Iiundred, but few facts can be gathered that are of practical use. That these quartz veins can be followed to a gi'eat depth or a great length continuously, and that the vein matter contains gold or silver in paying ()uantitics far below the surface, and that an ample return can be relied on for the capital required to develop them and pay the working expenses, are (jueslions tliat can only be answered after a practical test has been applied, and that test can only be procured by a liberal expenditure of capital.
Owing to the unsettled state of all'airs in this district, not knowing who may rule and wliat may be the terms on which the mines are to be lield and operated, no capitalist can be induced to invest his money in property for wliich no title can be .secured. Few of the discoverers have means, and until they can secure the co-operation of men of means the mines must lie in abeyance, and the hidden treasure remain concealed. But for this obstacle, from what is known of the confidence entertained in the ultimate success of these mines, little difficulty need be apprehended in procuring the capital necessary for their development.
Lignite coal has been discovered at the south-west side of the Lake of tlie Woods. On Butlalo Bay, north of the international boundary line, the coal crops out on the shore of the lake near the Indian village. The Indians gathered some pieces that hud been broken oft' and washed ashore. It is long since the Indians discovered this coal-bed, but did not know what it was or what use it could be applied to, if any, and sliowed it to Mr. McPherson, the Indian agent, to learn if it was of any use, and if they could make any money out of it. When they learned it was of use, they liesitated very much to allow the place to be explored, and gave but little information when asked particulars about it. But on making enquiry, it was found that when tlie water in the lake was low, the bed of coal was to be seen, and pieces liad been broken ofi by them, some of whioli were secured and tested, and found to be a good quality of lignite coal. As yet nothing has been done to learn what the extent of the bed is, but a location has been surveyed by Oliver and others, with a view of securing a title to it ; and early next spring operations will be commenced to find its extent and value. Judging from the indications on tlio shore, it extends for miles on each side of the international boundary. Opposite the place where the coal is, the sand on the shore is blackened with the washings of the coal, and this can be traced at intervals for a great distance. It appears to me that this bed of coal is formed by the large deposits of drift-wood and peat moss from the muskegs tliat are carried hither every season, and that large quantities of this material have been buried in the sand and formed a bed of coal. The shore of the lake at this place is several feet above the level of the water, and forms a ridge which is higher than llie land in tlie rear of it, and forms a marsh running parallel with the lake. The same process is still going on, and there can 1m< no doubt but this embankment was formed by drift-wood ; and ut present large quantities of timber are l)eing buried in moss and sand.
The lakes and rivers of this district abound with lish of a very superior quality. This important resource is already attracting attention. During last summer considerabla
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45 Victoria. Sessional Papers (No. 53). A. 1882
quantities were shipped twice a week by train to Winnipeg, and preparations are being made to do a much lar^^er business during the comiug season. The principal varieties to be found in the several lakes and rivers of the district are whitelish, sturgeon, lake trout, pickerel, suckers, pike, gold eyes, tuleby, masoalonge, cattish and perch ; other varieties are to be found of minor importance. Lake trout is seldom found in the Lake of the Woods or Rainy River, or other lakes and streams of dark water having a muddy appear- ance ; in the lakes and bays where the water is clear they are plentiful, large, and of fine quality. The importance of these inland fisheries cannot be over-estimated when we con- sider the broken country in which they are placed, and where a large population will yet be supported, partly from the products of the soil and partly from the products of the innumerable lakes and rivers that are interspersed through the whole of this region. The fisheries will not only supply a portion of the food of the resident population, but will be of great commercial value for shipment to Manitoba and the North- West, as well as to the adjoining States of the Union, where the supply is not equal to the demand, there being but few fisheries of importance south of the international boundary.
The Indian population procure the greater part of their living from the fisheries, and not only procure them during the summer months, but during the winter as well, by cutting holes in the ice and setting nets, and at the several rapids they catch fish in the winter with a hook and line. The attention of the Fishery Commissioner has been directed to the importance of these fisheries, and the injury they are sustaining by allowing the millowners on the Lake of the Woods and Rainy River to throw their sawdust and other refuse into the water. It is already quite evident that the quantity of fish is diminishing in the neighbourhood of the mills from this cause, and as a person has lately been appointed to guard the fisheries in this locality, it is to be hoped that prompt measures will be taken to check this evil. The Indians set nets and catch a large number of white- fish in Rainy River and other large streams when they ascend them to spawn, which must be injurious to the fisheries ; but it would be difficult to remedy this evil, as they could not be persuaded to forego a present for a future advantage, as they scarcely ever trouble themselves about anything but their immediate wants. The Indians in general, however, place much value on the fisheries, and .seldom do anything that they know is injurious to them ; they seldom allow the offal of fi.sh or grease to be thrown into the water, knowing it dri\'es away the fish.
Rat Portage Water Privileges.
The waters of the Winnipeg River flow out of the Lake of the Woods by two chan- nels through a narrow wall of rocks, with a fall of upwards of seventeen feet, and form a bay below where they unite ; besides the two channels that form the Winnipeg River, there are a number of openings in the rock which have been the beds of rivers at a period when the waters of the lake were higher than they are now. These channels cross the line of the Canadian Pacific Railway, and extend for a distance of upwards of three miles westward from Rat Portage at the most easterly outlet of the lake. These chan- nels can be opened out and converted into mill races at comparatively little expense. No dams are required, and no flood can ever break through the embankment to do injury. The power that can be obtained here is unlimited, and the supply of water endles.s. I know of no water-power that will bear comparison with that of the Winnipeg River, either for cheapness, safety, e,xtent, or situation. Two of these water-powers are utilized : on the one is erected the Keewatin lumber mills, capable of sawing 100,000 feet of lum- ber daily ; on the other is erected the Norman mills, now owned by Dick <k Banning, capable of turning out 80,000 feet of lumber per day. The Canadian Pacific Railway runs along the north bank of the Lake of the Woods or natural dam, crossing both branches of the Winnipeg River by two magnificent iron bridges erected by the Toronto Iron Bridge Co., of two hundred feet span each. The value of these water privileges is much enhanced by the railway crossing at the very point where mills can be erected adjoining the track. The grain of the north-western prairies can be unloaded and ground on its way to the eastern market with but little delay and at the cheapest rates. There is no other point on the continent of America possessing water-power of such
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45 Victoria. Sessional Papers (No. 52). A. 1882
magnitude, and situated so advantageously to the great thoroughfare between the Pacific and Atlantic Oceans, and lying immediately east of the gr.vin-growing region of the west- ern prairie and on the direct route to a European market. They are not only situated ou the line of the railway, but on the shore of the Lake of the Woods, where the products can be shipped to the southern side of the lake at but little expense and placed on the line of the railway projected from Duluth to Winnipeg, and which will probably be built at no distant day to compete with the Caua lian Pacific Railway for the carrying trade of the great North-west.
I believe I am correct in stating that about one-half of the area of this portion of Ontario is covered with water, and that a considerable part of the remaining half is land unfit for cultivation. But that there are considerable stretches of gojd land fit for culti- vation that will yield an abundant return for the labour bestowed upon it, is beyond dis- pute. There are sections of country on Rainy River, Rainy Lake, Manito, Seine River, Wabagoon and Lac Seul, where settlements will be made and where a large population will support themselves from the products of the soil. The areas of good land are by no means insignificant. The valley of Rainy River alone would make six counties !is large as Halton, with soil as productive and a climate quite as agreeable and healthy.
The more the country is explored the higher the estimate formed of its value. Sections that were said to be worthless but a short time since, are now considered of groat value when the different resources of the country are considered. That this country is rich in minerals can scarcely be questioned, and its forests are of immense value, afford- ing fuel, building timber, railway ties, bridge timber, telegraph poles, fence posts and rails, and providing a profitable field of labour for a large population. The fisheries of its innumerable lakes and streams are also, as before stated, of great value.
Although the delay in settling the boundary question has done much to retard the advancement of this country, yet it is progre.ssing, not by the fostering parental care of the rulers of the country lending a helping hand to aid the struggling settler or the enthusiastic miner ; but by industry and perseverance settlers thrive in spite of the neglect and delay they are compelled to endure. The settler is but a squatter; although he surveys land at his own expense, and pays for the land, yet he cannot obtain a title to it. If he settles ou surveyed lands he cannot tell but the ever-changing land regulations of the Dominion Government may apply and deprive him of the fruit of his labour, as no a^ent is provided to locate him legally, and those settlers who were located and paid the dues and have made the improvements required, and occupied their lands for years bjyond the time required, cannot get a deed for their property. The people of the District are heartily sick of the delay in the settlement of this question, and the gloomy uncertainty that ou thit account shrouds every efTort to better their condition.
Some express a preference for Ontario rule, others for Manitoba ; but the question is not so much who should rnle the territory, as why is the boundary question not settled t let rule who may. On the opening of navigation next spring, there will be eight steam tu<'9 running to different points on the Lake of the Woods and Rainy River, and one lar"e side wheel steamboat. Besides the two Hawmills already erectcil on the Lake of the Woods, two more are about to be erected of equal capacity, which will enable the lumber- men in the vicinity of Rat Portage to turn out over three hundred and fifty thousand feet of lumber daily. From the large luml)er trade centering at Rat Portage, ami the certainty of other manufacturing establishments being erected soon, there can \>e no doubt but it will progres-s and prosper. There are at present eight stores holding large and well-assorted stocks of general goods, all doing a paying business ; two butcher shops, two bakericus, and one of the largest and best conducted hotels in the North-west, throe clergymen and two doctors. The population is about six hundred. The settlement on Riiiny River and other parts of the District has been retarile<l by the unsatisfactory and unsettled condition of affairs here. A few additional settlers have laid claim to lots and taken possession of them, but no great influx of population need be expected until a land agent is appointed, who can place the settler legally in possession of the land he desires to acquire.
In the month of April last. Clerks and Bailiffs were appointed for the two Division Oourts of the District, to be hold at Rat Portage an I Fort Francis, und ir the authority
l5 Victoria.
Sessional PftperS (No. 53).
A. 1882
of this Province. On the sixteenth clay of May last, the first sitting of Division Court No. 3 was held by me at Rit Portage. There were several suits i-ntered, and amongst others wer- suits against Manning, MoDona'd & Co., railway ccntractors, who failed to appear at the sitting of the Court, and against whom judgments were entered. On execu- tions being issued and placed in the BailifTs hands, he seized property to sati fy the executions, which was taken from him by superior force, and he was obliged to abandon the seizure. A second attempt was made, but with no better success. After the Bailiff had thus failed to enforce the process of the Court, but few new suits were entered, and but little business has been transacted in the Court since. No suits have so far been entered in Division Court No. i at Fort Francis. The ground on wLich Manning, McDonald it Co. resisted the enforcement of the executions against them was the plea of no jurisdiction. In my magisterial capacity I have done but little during the present year, owing principally to the fact that I had no available place where I could commit prisoners, either for safekeeping or punishment. Although pi'ovision is made by the Dominion Act, 43 Vic, Cap. 36, for the use of any look-up or gaol that may be within th-) territory by an Ontario magistrate, and if there were no such place within the territory, then to Winnipeg or Prince Arthur's Landing, whichever was most convenient or least expen- sive. Yet in face of this, I received notice from the keeper of the lock-up or gaol at Eat Portage in July last, that no prisoners would be received by him on a commit- ment made by me, and that he had received instructions to that effect from Ottawa ; and further, in future he woukl receive his instructions from the Attorney-General of Manitoba. And when the authorities of Manitoba assumed to exercise jurisdiction here, I concluded that they would not be likely to acknowledge the right of an Ontario magis- trate to commit prisoners to Winnipeg gaol. Then the only place left was Prince Arthur's Landing, and in view of the enormous expense attending the conveyance of prisoners to Prince Arthur's Landing, I came to the conclusion that it was better to avoid as far as possible any thing that would lead to the necessity of transporting prisoners to that place, and felt it would be my duty to do so only in the case of an aggravated offence.
W. D. LYON, Stipendiary Magistrate, Tlnmder Bay District.
Schedule of Cases
Disposed of at the Stipendiary Magistrates Court, from the first of January to the first
of December, 1881.
Name of Defendant.
Offence.
How Disposed or.
Thomas Dodds ....
James Gore
Andrew Eamage . . . Malcolm Mc Arthur. Thomas S. Kennedy
Fined $20— paid. Ordered to pay $20— paid.
Selling liquor on line of railway.
Non-payment of wages
Assault I Fined S3— paid.
Destroying timber | Not proved and dismissed,
Assaulting Bailiff I Fined $10— paid.
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45 Victoria. Sessional Papers (No. 54). A. 1882
(No. 54.)
Return of copies of the specifications upon which the advertisements for the construction of new Parliament Buildings were based, and of the advertisement for tenders and forms of tenders. {Not Printed.)
45 Yictoria. Sessional Papers (No. 55). A. 1882
COPIES
Of the Commission of Enquiry of the Minister of Education into certain charges against S. P. May, M.D., an officer of the Educa- tion Department, the Report of the Commissioner, the evidence and exhibits.
By Command.
ARTHUR S. HARDY,
Secretary.
Provincial Secretary's Office,
Toronto, 1882.
45 Victoria. Sessional Papers (No. 55). A. 1882
COPIES OF THE COMMISSION OF ENQUIRY OF THE MINISTER OF EDUCATION INTO CERTAIN CHARGES AGAINST S. P. MAY, M.D.
To all to ivhom these presents shall come :
I, the Honourable Adam Crooks, Minister of Education, send greeting :
Under and by virtue of the powers and authorities conferred upon me by the sta- tutes of Ontario, in that behalf I do hereby appoint his Honour E. J. Senkler, of the City of St. Catharines, Esquire, Judge of the County Court of the County of Lincoln, a Commissioner to enquire into and report to me in respect of certain charges preferred by a member of the Legislative Assembly of Ontario against Samuel P. May, Doctor of Medicine, Superintendent of the Educational Museum and Library, and lately of the Depository of the Education Department, and which are as follows:
Among other things I have been informed —
1. That in the matter of map drawing, map mounting and map colouring, the inter- ests of the public have been sacrificed in order that Dr. May might reap pecuniary profit.
2. That in connection with the recent visit of the Governor-General, upon the occasion of decorating the grounds of the Normal School, Dr. May shared in the profits of the contractor.
3. That Dr. May, C. Potter (optician), and John Carter composed a company called the (Canada Apparatus Manufacturing Company ; that Dr. May, as b member of this company, sold its goods at his own prices to Dr. May, Superintendent of the Depository, thus reaping large profits at the expense of the Province.
4. That the item on page 94, Public Accounts for the Year 1878, of 84,000, paid to the said Carter, is grossly excessive regarding the services rendered, and that Dr. May shared in the profits incident to said services.
5. That the item on the same page of §1,230, paid to one S. P. May, is questionable.
6. That large sums have been paid to C. Potter aforesaid, as also to Copp, Clark ik Co. (vide page 92, Public Accounts 1878, item of .?8, 76 1.25, also following line), and that Dr. May exacted a commission in connection therewith.
7. That High School masters have been charged for chemicals, apparatus, etc., pur- chased from the Depositorv, prices more than double those a.sked by the wholesale dealers in England who supplied the Depository.
And the following further charges preferred by a former clerk of this Department, namely ; that Dr. May has been connected in business transactions in which he received a perctmtage either in cash, or in work for goods purchased on account of the L)('pository, or for work done for the E/lucation Department ; also in being the sole proj)riptor of the Canadian School Apparatus Company and in such a position in the Depository that in ordinary supplies its interests were unduly fostered ; also that he has frequently used for private purposes the work, time and services of men in the employ of the Eklucation Department.
The Oommissionor is further instructed to examine all witnesses upon oath under the authority of the statute in that behalf, and to compel the attf'^ndance of Kuch as may be required umler gii/j/xrii/i ad tfttificamlum. and to take their evidence through a short- hand writer, and to return the same with this comniiRsion to the undersigned.
The enquiry is for the information of this Department, and will be conducted in the presence of the accused and his counsel, and such witnesses as from time to time may be
2
4-5 Victoria. Sessional Papers (No. 55). A. 1882
under examination, this Department being represented by its counsel, and due notice of the enquiry having already been given to Dr. May and to his counsel in this behalf.
As witness my hand and seal of office this 30th day of December, A.D. 1881.
(Signed) Adam Crooks, — ^— ~
Minister of Education. ) gg^^ >
(Signed) Alex. Marling, _^_
Secretary. Education Department (Ontario).
To the Honourable Adam Crooks, Minister of Education for the Province of Ontario .■
' Sir, — In pursuance of your commission bearing date the 30th day of December, 1881, addressed to me, E. J. Senkler, Judge of the County Court of the County of Lin- coln, and appointing me Commissioner to enquire into and report to you in respect of certain charges preferred by a member of the Legislative Assembly of the Province of Ontario against Samuel P. May, Doctor of Medicine, Superintendent of the Educational Museum and Library, and lately of the Depository of the Education Department, and which are as follows : "Amongst other things I have been informed — (1) That in the matter of map drawing, map mounting and map colouring the interests of the public have been sacriticed in order that Dr. May might reap pecuniary benefit ; (2) that in connection with the recent visit of the Governor-General, upon the occasion of decora- ting the grounds of the Normal School, Dr. May shared in the profits of the contractor ; (3) That Dr. May, C. Potter (optician), and John Carter composed a company called the Canada Apparatus Manufacturing Company ; that Dr. May, as a member of this com- pany, sold his goods at his own price.s to Dr. May, Superintendent of the Depository, thus reaping large profits at the expense of the Province ; (4) that the item on page 9-1, Public Accounts for the Year 1878, of S-t,000, paid to the .said Carter, is grossly exce.s- sive regarding the services rendered, and that Dr. May shared in the profits incident to said services ; (.5) that the item on the same page of $1,230, paid to one S. P. May, is questionable ; (6) that large sums have been paid to C. Potter aforesaid, as also to Copp, Clark & Co. (vide page 92, Public Accounts 1878, item of §8,761.25, also following line), and that Dr. May exacted a commission in connection therewith ; (7) that High School masters have been charged for chemicals, apparatus, etc., purchased from the Depository, prices more than double those asked by the wholesale dealers in England who supplied the Depository, and also the following further charge preferred by a former clerk of this department, namely : that Dr. May has been connected in business transactions in which he received a percentage either in cash or in work for goods purchased on account of the Depository, or for work done for the Education Department ; also in being the sole pro- prietor of the Canadian School Apparatus Company, and in such a position in the Depository tiiat in ordering supplies its intere.sts were unduly fostered ; also that he has frequently used for private purposes the work, time and services of men in the employ of the Education Department, I have the honour to report as follows :
I have enquired into the said charges and have examined upon oath all witnesses who have appeared before me, and have taken their evidence through a short-hand writer, and now return the .same and the commission herewith. In the examination of the wit- nesses and in the discussion of the evidence I had the assistance of counsel on behalf of the Department, and also on behalf of Dr. May. Having considered the evidence and the arguments addressed to me, I have now to report upon the several charges, referring to the evidence returned herewith for more detailed information when required.*"' '
Upon the first charge I find that Dr. May entered the Education Department in 18.53 as Clerk of Libraries, and has remained in its employment ever since. The,jiature of his employment and duties is fully shown in the evidence of Dr. Hodgins. rein the years 1864, 1866, 1867 and 1869 Dr. May did some map drawing for the Department,
3
45 Victoria. Sessional Papers (No. 55). A. 1882
outside of his office hours, for which he was paid the respective sums of $49, $10, $15 and $18, making in all $92. He did no other map drawing, and never did any map mounting for the Department. In 1863 Dr. May made an offer or tendt-r in writing to colour maps and globe.s for the Department at certain specified prices. Tliis offer was addressed to Dr. Hodgins, the Deputy Superintendent of Education, and was by him submitted to Dr. Ryerson, the Chief Superintendent, and approved by him, as shown in writing on its face. This document was produced before me and filed as Exhibit No. 18. Under this agreement a large amount of map and globe colouring has since been done by members of Dr. May's family, for which Dr. May has been paid at the rates mentioned in the ofTer. The total sums paid him from 1864 to 1880 for the work is .$11,232.60. The yearly sums paid, as shown from 1864 to 1868, inclusive, on page 29 of Exhibit No. 10, and for the subsequent years in Exhibits Nos. 20 and 21, wliich are extracts from the Public Accounts. The accounts rendered by Dr. May were also produced and filed as Exhibits .52 to 62. The account of the work done was carefully kept and regularly checked by two officers of the Department. This account from April, 1867, is shown in Exhibit No. 43, a book kept for the purpose in which each item is initialed by the two ollicials whose duty it was to check the account. It appears that iu 1872 an application was made to Copp, Clark & Co. for the names of persons who could do this work, and they could not furnish any. See Exhibit No. 19, which contains their letter. Dr. Hodgins also states that unsuccessful applications were made to John B. Carter and to several ladies who had formerly done this work to undertake it. I should add that this work was not done by Dr. May's family alone, but was shared b\ the families of other ofticials, who received the same remuneration for what they did. A tender pr offer by Maclear k Co., dated in February, 1858, was put in and filed as Exhibit No. 31, proposing to colour certain maps in part on certain terms, which are said to be similar to Dr. May's, although it is not possible to make an exact comparison, as Maclear's maps were already partially coloured. No evidence was adduced to show either that the work was not properly done or that the charges were excessive, or that the interests of the public were in any way injured by the mode adopted, and I have to report that in my opinion the charge is not sustained.
Upon the second charge no evidence whatever was adduced to support this charge. The contractor (Charles Potter) and Dr. May both positively deny it on oath, and I have to report that it wholly fails.
Upon the third charge I find that the Canadian School Apparatus Manufacturing Company was incorporated by letters patent under the Great Seal of the Province of Ontario, dated the Gth November, 1875, the names mentioned in the letters as petitioners for incorporation being John Brown, William W. Copp, Henry J. Clark, John B. Cart<?r, Charles Archibald and William B. McCollum. A certified copy of the letters patent was produced and filed (Exhibit No. 65). The stock books of the company were also produced (Exhibit No. 72), from which it appears that the following subscriptions of stock were made, viz. : William B. McCollum, J. B. Carter, John Brown, W. W. Copp, J. P. May, Henry J. Clark and Charles Archibald each took 100 shares, l)r. S. P. May took 300 shares, and Charles Potter, H. W. Davies and W. (.;. Mc Williams each 10 shares, each share being for $20. The date upon which these subscriptions appear to have been made is the 21 at June, 1875. In the same book are the minutes of a meeting of the shareholders, held on the 5th January, 1876, at which by-laws were adopt<Hl and directors elected for the ensuing year, viz. : Major Brown, H. J. Clark and John P. May, and a notice that at a meeting of the directors held subsequently on the same day H. J. Clark was elected president, and John P. May manager, and Dr. S. P. May wa.s appointed secretary and treasurer. No other minutes are entered in the tjooks, and it is stated on oath by a number of the suli-scribers (including Dr. May) that no subsequent meetings were hi'ld ; that nothing was ever paid on the stock subscribed, and that the company never had any active existence.
Dr. May was the promoter of this company, and procured the charter, and lie gives as his reasons for so doing that he thought if the Depository came to an end u business of th( 'p.ind mentioned in the letters patent could bo successfully done, and that he would find eu.ployment in it in case his services should not be required in the Depository.
4
45 "Victoria. Sessional Papers (No, 55). A. 1882
Prior to obtaining the charter Dr. May had supplied his son, John P. May, with money to commence a business of the same kind, and John P. May did begin the manu- facture of the articles mentioned in the letters patent. He carried on the business in the name of the Canadian School Apparatus Company, and continued to do so after the issue of the letters patent. It was intended that this business should be continued and oarrifd on by the company, if it should be called into active operation. The only money used in this business was that advanced by Dr. May, for which John P. May was to pay him interest at the rate of .5 per cent, per annum.
John P. May made an arrangement with Copp, Clark & Co. to sell to them alone in Ontario, allowing them a discount of 37 per cent, on their retail price, and they were to have the exclusive right of selling to other persons in Ontario, and this arrangement he adhered to, only once selling to Elliott with Copp, Clark A- Co.'s consent.
This business of John P. May was commenced in 187-t and continued until 1879. It was not possible to obtain an accurate statement of the quantity of goods he sold Copp, Clark & Co., but it is shown that Copp, Clark & Co. sold to the Education Department during the years above mentioned goods manufactured by John P. May to the amount of $4,861.25. Mr. Clark states in his evidence that all manufactured goods supplied by him to the Department were supplied in pursuance of tenders piit in by him in competi- tion with others who were invited to tender, and that the goods manufactured by John P. May were supplied in this way.
In 1879 100 laboratories or chemical sets manufactured by .John P. May were sold to the department. These were ordered by Mr. Wilkinson, of the Department, and the invoice or bill was rendered in the name of the Canadian School Apparatus Company, J. P. May, Acting Manager. This bill was produced and is filed as Exhibit No. 51. It is ceriified as correct by Dr. S. P. May, although at the time the goods were ordered he was not in Canada. I understand this was the last transaction of the company, or of John P. May in its name.
The circumstances under which these laboratories were ordered are shown in tlie statement of Dr. Hodgins, filed and forming a part of Exhibit No. 50, from which it appears you as Minister, in 1878, had prohibited the purchase of any more chemical sets manufactured by the Canadian School Apparatus Company, and that samples and tenders had been sent for to England. Some delay having occurred in receiving these (partially owing to some interference by Dr. May in England) and the principals of the two Normal Schools being anxious to be supplied, sets were ordered from the company. The sets from England having arrived a difficulty arose as to taking all ordered from the company, but eventually they were all taken.
From the evidence of Dr. May and his son, John P. May, it appears that although Dr. May advanced the money to enable John P. May to commence the business carried on by him, and afterwards assisted him from time to time. Dr. May was not to share in any profits made, but was to be paid interest at 5 per cent, on the money he advanced. When the business ceased a considerable sum of money was due to Dr. May, and he took the balance of the stock remaining on hand to recover himself as far as possible, and he subsequently sold this to Mr. Carter. He appears to be a loser by the business to a considerable amount, his son being unable to repay him all he had advanced.
Some evidence was called to show that the laboratories were of inferior quality, and also that they could have been supplied at a cheaper rate. As to the quality, the evidence of Mr. Thomas Kirkland is that they were reasonably fit for the purpose intended, although in his report, attached to Exhibit No. 50, he did not speak favourably of them. As to the price, the evidence of the druggists called by the counsel for the Department is to the effect that laboratories such as those could be furnished for .$5. John P. May savs they cost him between $6 and 87. Mr. Clark says he could not import them cheaper than he got them from May, and there remains the fact that although tenders were several times asked for these things no tender was put in offering them at a lower rate than that charged.
Dr. May was absent from Ontario in attendance at the Centennial Exhibition at Phila- delphia during the summer of 1876, and was engaged nearly all the autumn in preparing a special report on the whole Ontario e.^chibit, and in other ways outside of the Depository.
45 Victoria. Sessional Papers (No. 55). A. 1882
In the spring of 1877 he was appointed joint secretary with Mr. Penault by the Dominion Government, and was employed in inducing persons to exhibit at the Paris Exhibition of 1878, and was engaged on these duties until he crossed the Atlantic in 1878, and did not resume his duties at the Depository until April, 1879, and during these periods he had nothing to do with what transpired in the Education Department.
Except the interference by Dr. May with the order sent to England, referred to in Dr. Hodgins' report (Exhibit No. 50), there is no evidence of any part taken by Dr. May in connection with the sales made by Copp, Clark ifc Co., or John P. May, of any goods manufactured by John P. May, or in fixing the prices to be paid for what was bought by the Department.
It was shown that Dr. May was also the chief proprietor of a druggist business, car- ried on under the name of May & Co., on Queen Street, Toronto, and that in 1874 three bills of goods amounting in all to $435.93, were supplied by May & Co. to the Depart- ment. These three bills were produced and filed as Exhibit No. 63. The first and second are certified as correct by Dr. May, and the last by Mr. Wilkinson.
It is further shown that so soon as you, when Provincial Treasurer, saw these bills, you at once called the attention of the Chief Superintendent, Dr. Ryerson, to the impro- priety of the tran.saction. Several letters passed between yourself as Provincial Treasurer and Dr. Ryerson on the subject. These letters with memoranda annexed were produced and filed as Exhibits Nos. 45 to 49 inclusive. From this correspondence it appears that Dr. May had nothing to do with the purchases in question, which were made by Mr. Wilkinson by the direct instruction of the Chief Superintendent. Positive instructions were however given by the Treasurer that no further purchases should be made from May it Co., and none appear to have lieen made since the year 1874.
As the result of the enquiry into this charge, I have to report that it is not shown that Dr. May, as a member of the company mentioned, sold goods at his own prices to Dr. May, Superintendent of the Depository, or that he reiiped large profit at the expense of the Province.
Upon the fourth charge, the various invoices composing the sum of §4,107.55, men- tioned in the charge as §4,000, have been pro<luced with a summary and tiled as Exhibit No. 24.
Mr. Carter was examined upon oath, and stated that the rates charged were those agreed upon by the Department and himself, which were less than those charged the gen- eral trade, and were not fixed by Dr. May. He also .stated ](Ositively that Dr. May did not share either directly or indirectly in the profits incident to the services he rendered to the Department. No evidence was adduced to support this charge, and I have to report that it is not sustained.
Upon the fifth charge, the various invoices comprising the sum of 81,230.40, men- tioned in tills charge, have been protluced. They are filed with a .summary a.s Exhibit No. 25. They are all for colouring maps and globes, an<l they form part of the .sum mentioned in my report upon the first charge. They appear to be in accordance with t\w book kept in the Department(Exhibit No. 43), and I can find nothing <|ue8tionablc in them. Upon the sixth charge, the various invoices comprising the sum of 88,761.25, men- tioned in this charge, have licen produced ; they are filed with a summary as Exiiibit No. 26. All the members of the firm of Copp, Clark & Co. have bi-en examined upon oath and positively deny that Dr. May ever exacted or received any commission in connection with this amount or any other amount received by them.
Mr. C. Potter was also examined upon oath, and made the same denial as to any com- mission having been exacted or received by I»r. May in connection with any invoices received by him. No evidence was produced to support this charge, and I must report it not sustained.
Upon the seventh charge : no evidence was given to support this charge, and I have to report it not su.stained.
As to the further charges preferred by a former clerk of the Department, they are all covered by the previous part of my report, except the last one, which charges that Dr. May has frequently used for privaU- purposes the work, time and services of men in the employ of the Education Department. Upon this charge a good deal of evidence was
6
45 Victoria. Sessional Papers (No. 55). A. 1882
given. The greater part of the services rendered was by men employed in the garden and grounds attached to the Department. It is admitted that one of these men was employed four days at Dr. May's house, but it is shown that Dr. May paid the wages of another man who tilled the place of the man taken in the grounds during his absence ; any other services by gardener are shown to have been rendered either on holidays or outside o£ working hours. Some other services rendered hy other employees were of a trifling char- acter, and did not interfere with the performance of any duty. No further trouble is likely to arise, as an order on the 14th October, 1879, issued by you as Minister, pro- hibited any such employment in the future. In connection with the charge some evidence was attempted to be given of plants having been sent or taken to Dr. May's from the- grounds of the Department, but it was clearly shown that they were merely plants or cuttings left over after the bedding out had been completed for the season, and which would have been given or thrown away as not being required. The charge has not been substantially supported, and no injury has been occasioned to the Department by what has been done ; still I think it is well that the order has been passed preventing any ground of complaint in the future.
All of which is respectfully submitted.
(Signed) E. J. Senkler.
16th February, 1882.
Exhibit 21.
Summary of Amounts paid to the different persons employed in the production of maps, chemical and other apparatus, showing amounts per year :
S. P. May.— 1869, $414.55; 1870, .$307.60 ; 1871, $486.20 ; 1872, .$770.90 ; 1873, $957.55 ; 1874, $950.15 ; 1875, .$812.55 i 1876, $1,025.30; 1877, $1,130.40 (handed in before) ; 1878, $409 ; 1879, $647.75 ; 1880, $129.55. Total, $8,141.50.
Canada School Apparatus Company.— 1879, $800. Total, $800.
May & Co.— 1874, $435.93. Total, $435.93.
J. G. Hodgins.— 1870, $613.52; 1871, $533.98; 1872, $200; 187.3, $245'; 1874, $458..50 ; 1875, $225 ; 1877, .$657.50 ; 1878, $765 ; 1879, .$62.50. Total, $3,761.00.
F. Hodgins.— 1872, $373.55; 1873, $606.45 ; 1874, $697.75 ; 1875, $397.50 ; 1876, $674.25 ; 1877, $665 ; 1878, $902.75 ; 1879, $137. Total, $4,454.25.
J. B. Carter.— 1869, $2,065.40; 1870, $1,826.47 ; 1871, .$2,053.67 ; 1872, $5,769.59 ; 1873, $.5,624.60 ; 1874, $4,848.76 ; 1875, .$4,671.57 ; 1876, .$.5,117.79 ; 1877, .$4,107.55 ; 1878, $2,422.67 ; 1879, .$3,500.86 ; 1880, $1,790.73. Total, $43,799.66.
W. C. Chewitt i Co.— 1869, $1,868.72. Total, $1,868.72.
Copp, Clark & Co.— 1870, $1,695.83; 1871, .$2,448.00; 1872, $4,582.75; 1873, $7,356.63; 1874, $4,738.71 ; 1875, $.5,566.23 : 1876, $3,399.79 ; 1877, .$8,761.25 ; 1878, $2,464.39 ; 1879, $1,494.60 ; 1880, $92.00. Total, $42,600.18.
H. Hock.— 1877, $40.00 : 1878, $152.50; 1879, $144.68; 1880, $116.80. Total, $453.98.
H. M. Wilkinson.— 1872, $50.00; 1873, $50.00; 1875, $50.00; 1876, $51.00; 1877, $50.00. Total, $251.00.
Charles Potter.— 1869, $928.86; 1870, $1,164.88; 1871, $1,291.74; 1872, $2,832.66; 1873, .$3,062.50 ; 1874, $2,272.31 ; 1875, $1,407.85; 1876, $765.55; 1877, $2,482.67 ; 1878, $2,449.65 ; 1879, $300.42 ; 1880, $25.50. Total, $18,959.09.
John Rogers.— 1869, $596.82; 1870, $310.35; 1871, $415.70; 1872, $800.70; 1873, $443.20; 1874, $835.05 ; 1876, $252.55 ; 1877, $209.66. Total, $3,864.03.
S. Rogers.— 1879, .$80.00. Total, $80.00.
Gorrie & Parish.- 1869, $248.20 ; 1871, $42.00. Total, $290.20.
Davis & Woods.— 1869, $60.83. Total, $60.83.
E. A. Taylor <k Co.— 1869, $50.00. Total, $.50.00.
W. Armstrong.— 1870, $25.00. Total, $25.00.
7
45 Yictoria. Sessional Papers (No. 55). A. 1882
R. A. Wood.— 1870, $54.65 ; 1871, .$13.10; 1872, $38.50; 1873, $122.43 ; 1874, $73.10; 1878, $24.14; 1879,57.80. Total, .$333.72.
A. Morrison.— 1873, $250.00. Total, $250.00.
J. A. Fowler.— 1873, $5,00; 1874, $100.00; 1875, $13.00; 1876, $18.18; 1877, 134.75. Total, $170.93.
Walker & Brubs.— 1875, .$38.25. Total, $38.25.
H. J. Mathews & Bro.— 1877, 8233.50. Total, $233.50.
Globe Printing Co.— 1877, .$585.00. Total, $585.00.
Ewing i Co.— 1877, $55.52. Total, $55.52.
E. Periu.— 1877, $206.50 ; 1878, $141.00 ; 1879, $50.00. Total, $397.50.
Rolph, Smiths Co.— 1871, $129.80; 1872, $91.30; 1873, $227.50 ; 1874, $869.50; 1875, .$84.00; 1876, .$336.50; 1877, $132.25; 1878, $76.00; 1879, $202.75; 1880, $19.00. Total, $2,168.60.
Elliot & Co.— 1878, $16.41 ; 1879 ; .$30.90. Total, .$47.31.
Lyman Bros.— 1878, $30.84 ; 1879, $12.66. Total, $43.50.
J. Langston— 1878, $2.50. Total, $2.50.
J. Coleman.- 1877, $9.90; 1878, $58.00; 1879, $168.50. Total, $236.40.
.J. Foster.— 1879, $75.25. Total, $75.2.5.
J. H. Hamblvn. — 1879, $275.55. Total, $275.55.
J. Ritchie.— '1879, $35.00. Total, $35.00.
Moir X' McCaul.— 1880, $140.00. Total, $140.00.
J. Barton.— 1880, $45.00. Total, $45.00.
Dorrien Plating Co.— 1880, $4.50. Total, $4.50.
J. Roberts.— 1880, $32.13. Total, $32.13.
H. Miller &. Co.— 1880, $431.10. Total, $431.10.
Woodward, Grant i Co.— 1880, $27.00. Total, $27.00.
Grant, Barfoot & Co.— 1880, $22.50. Total, $22.50.
W. L. Lemon.— 1878, .$52.50 ; 1879, .$61.2.5. Total, $1 13.75.
S. Penn.— 1879, $124.50. Total, $124.50.
E.XIIIBIT 50. (Mem. from tfie Honourable JfinUter, for t/ie Deputy.)
I have a communication from Dr. May on the subject of Laboratories ordered from his son, as to which he complains that they have been left upon his hands. He states that these cost only $8.00, while the new kind ordered from England are $16.00. Please give me a statement of the actual facts in this matter.
I am writing to Dr. May as to when we can rely on his attending to his duties here.
March 24.
(Signed) H. A.
(Mevio. on Chemical Seta. — Duputys Book, S3. )
When the Minister directed me to purchase no more chemical sets from Dr. May, but to procure them elsewhere, I sent to England for samples and tenders. As some delay occurred in receiving them, owing chiefly to Dr. May's interference while there, the principals of both Normal Schools urged mo to provide the students with the old sets until the new ones were available. With that view I sent word to Dr. May's company that we would require certain set.s. In the meantime our own arrived, and I sent one of Dr. May's and ours to the principals at Toronto and Ottawa, and suspended the order to Dr. May's company, but told his .son personally that if the masters and students preferred his lower-priced set we would order all that they recjuired.
When I was last in Ottawa the complaints were ver}- strong against the sets of chemicals hitherto furnished by Dr. May, as quite inferior. We had therefore to order
8
45 Victoria. Sessional Papers (No. 55). A. 1882
from England better material. In the meantime Dr. May's set and ours, as I have explained, were submitted to the two schools, and the reports received in regard to them are as follows. The principal of the Ottawa school says that "it is the opinion of the Science Master there that the new cabinets at $16.00 are better worth $20.00 than the former ones were worth $10.00. The chemicals are put up so neatly and the apparatus is of so finished a character, that nothing is left to be desired. " The Science Master at Toronto says that the $16.00 set is " superior in every respect," and that Dr. May's are of the " very poorest quality." Unfortunately, the supply at half-price having ceased, the students will buy neither, as they cannot afford to pay the full price, so that the whole stock of both kinds is unsalable to the students. Tliis I feared, and told Dr. May's .son how the case stood. I also told him that if the students preferred his cheap sets we would, for the present, order from him all that they required. The two sets are now submitted for the Minister's inspection.
I cannot too strongly deprecate this personal appeal of Dr. May to the Minister against my action in the matter, after I had gone out of my way to explain to his son the state of the case, and to give him the assurances which I did. Had not Dr. May him- self, when in London last fall, improperly interfered to countermand my order for the chemicals required, we should have bad them in good time for the students. He at that time appealed to the Minister on the subject, and evidently wished to place the matter on personal grounds. With that I have, of course, no desire to interfere.
From the papers herewith, the Minister will see the great trouble which has been taken in this matter to get the very best and cheapest sets for the Normal School students and High Schools.
(Signed) J. G. H.
March 28th, 1879.
(Memo, on Chemical Sets,)
As the Minister prohibited the purchase of any more sets of chemical apparatus from the Canadian School Apparatus Company, and as it was imperative that some set be kept in stock for sale to students and teachers. Dr. Hodgins instructed me to see about importing a set for ourselves. Accordingly a list of the apparatus and chemicals pro- posed to be placed in such a set was made out and submitted to the Science Masters of the Toronto and Ottawa Normal Schools for approval or alteration.
On receipt of Mr. MacCabe's letter of February 7th, 1878, Mr. Kirkland was again consulted, and tenders asked for (through Mr. Potter) for a set that, as near as possible, would meet with the views of the two Science Masters. As the purchase of the set of chemicals to illustrate Roscoe's Primer was also prohibited to be purchased from the Canada Apparatus Company, tenders were also asked for this set. 'The following pages will show by comparison the two sets — that is, the sets formerly bought from the Canada Apparatus Company and the sets to be imported by ourselves. In the students' set there will be a good deal more apparatus and a number more chemicals than in the old kind, and the chief superiority will be that the chemicals will be purer, as experts find fault with the purity of the old sets.
In the set to accompany Roscoe's Primer there will be the same chemicals, but purer, and thirty-one specimens of minerals, etc., not supplied with the set from the Canada Apparatus Company. Of course the Canada Apparatus Company supply all their chem- icals in bottles. In our sets we have asked for bottles only where necessary, and card-board boxes when a bottle is not necessary, so as to keep down the expense as much as possible. Our chief wish is to put the value on the apparatus and chemicals them- selves, rather than on bottles, if the latter are not really necessary. Mr. Potter advises us that he can get the set to illustrate Roscoe at 30s., and the students' set at 45s. These sets will be cheaper than the old ones when we take into consideration the improved quality, etc., of the apparatus and chemicals supplied, and the extra quantity in each set.
Mr. Kirkland appends a Report on this subject.
^Signed) W. H. Wilkinson. October 28th, 1878.
9
45 Victoria. Sessional Papers (No. 55). A. 1882
iSet of Chemicals to Illustrate the Experiments in Roscoe's CJiemistry, containing Forty- Jive Chemical Reagents, etc., in Stoppered Bottles. Price $22.
Both sets contain all on this list; the Canada Apparatus Company's set in bottles and boxes. Ours will contain also, as extra, the list on other side of this sheet.
Chemicals, etc. — Sulphuric Acid. Nitric Acid. Hydrochloric Acid. Lime Water. Ammonia. Caustic Potash. Sodium Carbonate. Pota.ssium, chroniate. Potassium, ferrocyanide. Alum. Sulphur, roll. Sulphur, flour. Potas.sium, Nitrate. Zinc. Cop- per turnings. Copper, oxide. Copper, Sulphate. Antimony. Mercury. Lead, Acetate. Castor Oil. Caustic Soda (solid). Silver nitrate (solution). Litmus. Indigo. Cal- cium chloride. Marble. Iron tilings. Lime. Gj'psuni. .Stourbridge Clay. Bleaching Powder. Manganese, dioxide. Soda, crystals. Sodium Carbonate, anhydrous. Phos- phorus, vellow. Phosphorus, red. Tin Oxide. Mercury Oxide. Potas.sium. Sodium. Gold Leaf. Magnesium Ribbon. Litmus Paper. Charcoal.
Speclmess IK Cardbo.\.kd Bo.xbs, Labelled. — Aluminum. Tin. Lead. Silver. Bar Iron. Cast Iron. Steel. Galvanized Iron. Iron Ore. Iron Oxide. Iron Sulphate. Bronze. Brass. Tin Stone. Galena. Zinc Blende. White Sand. Red Sand. Flint. Graphite. Rock Salt. Sodium, Sulphate, Iodine, Nitrate. Bone Ash. Limestone. Magnesium, Sulphur. Potassium, carb. Potassium, chlo. White Lead. Red Lead. Litharge.
(Mem. on Chemical Sets.)
I have carefully compared the list of apparatus and chemicals in the " Mem. of Chemical Lists" submitted, and I beg respectfully to state : (1) That the apparatus in the sets furnished by the Canada School Apparatus Company is of the very poorent qua- lity. Some parts of it are unfit for use, and other parts ill adapted for tlie purpose intended. For instance, the so-called retort-stand, with its one little ring, too small for either retort or flask, is of no use whatever. The pneumatic trough is so small that it cannot be used without spilling a considerable quantity of water on the floor. The hydrogen-bottle is of a bad form, and its cork seldom iits. The taper is only .sufficient for one experiment, and the so-called taper-holder is simply a bit of wire with a few coils at one end. It can only be called a taper-holder by a figure of speech. In some boxes the spirit lamp is sufliciently good, while in others it is too small. The oxygen-spoon was often destroyed during the first experiment. I may only add, that the boxes lately received seldom contained all the pieces of apparatus which tliey should have contained. In other respects the sets showed carelessness in manufacture and packing. The design wa.s good, but it has been carried out by the company in such a manner as to give a good deal of vexation to the teacher and pupil. The list ordered by the Department is much more complete in every respect. It will be necessary to see that such pieces as n-tort- .stands, etc., be sufficiently large and strong so as to be really useful, and not mere chil- dren's toys. The purity of the chemicals, while it will add much to the cost, will add still more to the value of the set for teaching purposes.
(Signed) TnoMAS Kirkla.sd.
Science Matter.
Normal School, 26th March, 1679.
Dear Sir, — According to your request, I have compared the " High and Public School ( 'abinet " with the " Elementary Set of Chemicals." The former is much superior in every respect. I have also compared the " Teachers' Lal>oratory " with the set o( chemicals to illustrate " Roscoe's Chemistry." The latter is the better of the two.
I remain, yours respectfully,
Thomas Kirklaxo. H. M. Wilkinson, Esq.
10
45 Victoria. Sessional Papers (No. 65). A. 1882
Exhibit 63.
Amounts paid to May dk Co. in 187 Jf. for Supplies.
June, 1874. — Chemical Cabinets and Sponges $109 33
August 25, 1874.— Liquid Slating 125 00
September 30, 1874.— Chemical Cabinets 201 60
$435 93
Treasury Department,
Toronto, 8th October, 1874.
Sir, — I beg to call your attention to the enclosed account, paid through your De- partment, from which it appears that the Educational Depository, through Dr. May, has purchased from May (fc Co., also Dr. May, the article mentioned in the account. I have to call this circumstance to your attention, as it is manifest that the check which there would be in dealing with a stranger in this case is absent.
Your obedient servant,
(Signed) Ad.\m Crooks.
Eev. E. Ryerson, D.D.,
Chief Superintendent of Education, Toronto.
Exhibit 45.
Education Department,
Toronto, 16th October," 1874.
Sir, — I have the honour to state, in reply to your letter of the 8th instant, that from the accompanying memorandum from Mr. Wilkinson, of the Department, dated 7th July, you will see that Dr. May had personally nothing to do with the purchase of the article mentioned in the enclosed account. The matter was entirely in the hands of Mr. Wil- kinson, and on his recommendation the purchase was made. He also received the article, and reported it at the time. It was of course an oversight that Dr. May certiried the account. It is now returned as certified by Mr. Wilkinson.
(Signed) E. Eyerson. The Hon. Adam Crooks, M.P.P.,
Treasurer of the Province, Toronto.
Toronto, 15th October, 1874.
Sir, — Amongst requisitions from your office for payment of sundry accounts, I find in that of the 13th instant another account from May (fe Company, which I beg to return as being objectionable, on the ground stated in my former communication of the 8th inst. in respect of a similar account.
Your obedient servant,
(Signed) Adam Crooks. Rev. E. Ryerson, D.D.,
Chief Superintendent of Education, Toronto.
11
45 Victoria. Sessional Papers (No. 55). A. 1882
Exhibit 46.
Education Department,
Toronto, 19th October, 1874.
Sir, — I have the honour to state, in reply to your letter of the 15th instant, that the purchase made as per account enclosed, was not made, as you intimate, " through Dr. May," but by myself ; after having received and examined the accompanying tenders for the articles mentioned. The correctness of the account is certitied to by Mr. Wilkinson, who received the articles.
(Signed) E. Kyerson. The Honourable Adam Crooks, M.P.P., Provincial Treasurer, Toronto.
Toronto, 20th October, 1874.
Sir, — I am in receipt of your letter of 16th instant, with reference to an account against the Educational Depository, from May it Company, which was included in your rcciuisition of 10th September, and numbered 12109, and which I returned to your Depart- ment on the 8th instant, upon the grounds that I saw au objection to any account from May it Co. (which includes Dr. Jlay) being preferred against your Department. The objection to this account, and a similar one of a subsequent month being, in substance, that Dr. May was himself the buyer and seller. He is, I understand, the head of the Depository Branch of the Education Department. Mr. Wilkinson is in no way charged with the responsibility of giving orders, which I assume rests with Dr. May, under your directions. Dr. May's certificate has hitherto been given upon vouchers required for accounts, connected with this branch, and if it were the account of a stranger, I could not dispen.se with Dr. May's own certificate. Mr. Wilkinson's signature does not therefore comply with this rule, either in form or in substance. The amount of this account was paid on the requisition, without my attention having been called to its peculiar nature ; and now tlvit I find it to be in truth an account payable to Dr. May, I must ask a refund of the amount, as it is not one which can be sanctioned.
I have the honour to be, Sir,
Your obedient servant
(Signed) Adam Crooks. Rev. Dr. Ryerson,
Chief Superintendent of Education, Toronto.
E.xiiiBiT 47.
Education Department.
Toronto, 23rd Octo1>er, 1874.
Sir,— I have the honour, in reply to your letter of the 20th instant, again to repeat that Dr. May hail nothing whatever personally to do with the purchase of the articles mentioned in the account which you enclosed to rae. He was, thiTi-forc, not the buyer and .seller of these articles, as intimated in your letter ; nor had Mr. Wilkinson any authority in the mattor what<!ver, except such as he derived from me, and he did nothing in regard to it except as ho was directed.
He reported to me, through Dr. Hodgins, that liquid slating was required in the Depository. He also gave rea-sons, in the memorandum which I enclosed to you, why the liquid slating in question should be purchased rather than continue to be made on the premises. Directions were then gireii to him to obtain tenders for the slating. This for the additional rea.sons which he gave in the annexed memornndum, it was found not to be expedient to do. I therefore, through Dr. Hodgins, directed Mr. Wilkinson to have
12
45 Victoria. Sessional Papers (No. 56). A. 1882
the slating made by May & Co., provide.] that it did not cost more than was the expense of its manufacture by himself and assistants.
You say in your letter, " Dr. May's certificate has hitherto been given" upon vouchers required for accounts connected with this branch. This statement is scarcely borne out by the facts : For instance— Dr. May does not certify a tithe of the accounts sent m to your Department from the Depository; he has merely reported to me as " correct" the items of such city accounts as may have been referred to him for that pur- pose ; but all accounts are certified by me alone for payment, after they have been exa- mined and the correctness of their extensions and additions has been tested by Mr. Marlins the Accountant. You are correct in saying that May & Co. includes Dr. May but he is only one I believe of three in the firm— in which also, I understand, some medical men m the city are quasi partners. I fully understand and appreciate the motives which in- fluence you m objecting to the payment of this account ; but at the same time, since the alleged facts of the case, as given in your letter, are not correct (as I have explained) I teel that I was fully justified, in the interests of the Depository, in giving the directions which 1 did m the matter. Of course, however, if the Government desire that I shall not exercise my discretion in cases of this kind in future, where I think it would be ad- vantageous to do as I have done, I shall without hesitation be guided by its directions in the matter. I do not see how I shall obtain a refund of the account paid. The articles were specially prepared for the Department. Part of them have been sold, and the pro- ceeds have been already transmitted to your Department. I can, of course, if you desire It, seek to resell the balance to May & Co., and in that way refund the amount received It can be done in no other way that I am aware of.
m, ^-r (Signed) E. R.
The Honourable Adam Crooks, M.P.P.,
Provincial Treasurer, Toronto.
Exhibit 48.
Toronto, 21st October, 1874.
I. ^'^'f — I,''™ in receipt of your letter of 19th instant. I regret that any such order should have been given to May & Co. ; and while I will recommend the two accounts wliich have been the subject of my communications, I must refuse to authorise the pay- ment of any similar account.
Your obedient servant,
-D -r. T. ^ T. (Signed) Adam Crooks.
Rev. E. Ryerson, D.D.,
Chief Superintendent of Education, Toronto.
Exhibit 49.
Toronto, 26th October, 1874.
Sir,— I beg to acknowledge receipt of your letter of 23rd instant, relative to the account from May & Co., against the Educational Depository, the objection to which, as pointed out in my previous letters, arises from the circumstance that May & Co. in- cludes Dr. May. It should be a uniform rule with your Department, as well as other Departments of the Government, that no purchase should be made from any firm which may be composed of any person who is also an employee of the Department. You will be good enough therefore, in future, not to obtain any supplies from May & Co., but to obtain what you require elsewhere.
I have the honour to be, Sir,
Your obedient servant,
„ „ „ (Signed) Adam Crooks.
Rev. E. Ryerson, D.D.,
Chief Superintendant, Toronto.
13
45 Victoria.
Sessional Papers (No. 55).
A. 18S2
Exhibit 24
Summary of accompanying invoices, giving details of items in Public Accounts, 1877 (p. 94, Sess. Papers, 1879).—^. B. Carter, $4107.55.
Invoice dated 25th September, 1876 —
Mounting maps, tablets and globes §221 37
Invoice dated 7th November, 1876 —
Mounting maps, charts, tablets and globes 354 65
Invoice dated Ist December, 1876—
Mounting maps, charts, tablets, etc 231 82
Invoice dated 21st December, 1876 —
Supplying map rollers 167 00
Invoice dated 12th February, 1877 —
Mounting maps, charts, tablets, globes, ate 324 66
Invoice dated 8th March, 1877 —
Mounting maps, charts, tablets, etc 476 00
Invoice dated 24th April, 1877 —
Mounting maps, charts, tablets, globes, etc 432 22
Invoice dated 26th May, 1877 —
Mounting charts, maps, tablets and globes 276 21
Invoice dated 14th June, 1877 —
Painting and lettering raised maps 40 GO
Invoice dated 25th June, 1877 —
Mounting maps, charts, tablets, globes, etc 255 03
Invoice dated 18th August, 1877 —
Mounting maps, charts, tablets, globes, etc 395 06
Invoice dated 13th September, 1877 —
Fitting maps in frames, and supplying packing cases 19 00
Invoice dated 24th September, 1877 —
Making numeral frames, as per contract 367 50
Invoice dated 12th October, 1877 —
Making repairs to maps, etc., mounting maps, charts, tablets, etc. 253 80
Invoice dated 30th November, 1877 —
Mounting maps, charts, tablets, etc 271 88
Invoice dated 30th November, 1877 —
Repairing second-hand desks and map stands 21 35
84107 55
Exhibit 25.
Summary of accompanying invoices, giving details of items in Public Accounts, 1877, (p 94, Sess. Papers, 1879).— S. P. .May, §1230.40.
Invoice dated 17th October, 1876 — Map and globe colouring
Invoice dated 20th December, 1876— Map colouring
Invoice dat^Ml 5th March, 1877 — Map and globe colouring
eio9 26
147 50
145 25
14
45 Victoria. Sessional Papers (No. 55). A. 1882
Invoice dated April, 1877 —
Map and globe colouring $257 10
Invoice dated 20th April, 1877 —
Map and globe colouring 231 20
Invoice dated 30th July, lcS77 —
Map and globe colouring 290 10
$1230 40
Exhibit 26.
Summary of accompanying invoices, giving details of items in Public Accounts, 18 77 (p. 92, Sess. Papers, 1879).— Copp, Clark & Co., $8761.25.
Invoice dated 5th October, 1876 —
Chemical apparatus, laboratories, text books, lithographing
maps, etc $1 189 03
Invoice dated December, 1876 —
Anotomical models, liquid slating, chemical laboratories and
apparatus, text books, printing maps and lithographing. ... 1751 04
Invoice dated 20th December, 1876 —
Object lessons 100 00
Invoice dated 31st January, 1877 —
Text books, object lessons, sheets, lithographing maps 948 04
Invoice dated 1st March, 1877 —
Regent's liquid slating, black-board brushes, chemical apparatus,
and text books 381 12
Invoice dated 1st April, 1877 —
Chemical laboratories, slating, text books, lithographing and
printing maps, stationery, etc 1003 07
Invoice dated 1st June, 1877 —
Text books, chemical cabinets and apparatus, liquid slating, etc. 420 88
Invoice dated 1st July, 1877 —
Text books, lithographing maps, anotomical models, chemical
apparatus, liquid slating 2020 83
Invoice dated 1st September, 1877 —
Text books, stationery, school law 1 25 50
Invoice dated 13th October, 1877 —
Chemical cabinets, anotomical models, chemical apparatus and
text books, slating, stationery 821 74
$8761 25
10
45 Victoria. Sessioual Papers (No. 56). A. 1882
(No. 56.)
Return of all correspondeuce between the Government, or any Member of the Government, and any person or persons, referring to the deepening or draining the Nation River during the year 1874 to 1881 inclusive, not included in any Return heretofore brought down. {Nof Printed.)
45 Victoria. Sessional Papers (No. 57). A. 1882
(No. 57.)
Return of copies of all correspondence between the Government, or any member thereof, and any person or persons, referring to the widening or deepening of the channel of the Severn Eiver at the outlet of Lake Couchiching, during the years 1874 to 1881 inclu- sive, and not included in any previous Return ; together with a copy or copies of the Report of the Surveyor appointed by the Government to take the necessary levels around Lakes Simcoe and Couchiching with the above object.
46 Victoria. Sessional Papers (No. 58). A. 1882
RETURN
Giving a statement of all judicial decisions declaring Acts or parts of Acts of the Ontario Legislature unconstitutional ; also showing the Judges or Courts by which such judgments have been given, the causes in which given, and the effect on such Acts or parts of Acts respectively ; also showing which of such judgments, if any, have been appealed from, and the appeal remaining undecided ; also all such decisions affirming the constitutionality of enactments of this Legislature.
By Command.
ARTHUK S. HARDY,
Secretary. Provincial Secretary's Office,
Toronto, 7th March, 1882.
45 Victoria. Sessional Papers (No. 58). A. 1882
PART I.
ACTS AND PARTS OF ACTS OF THE ONTARIO LEGISLATURE, THE CONSTITUTIONALITY OF WHICH HAS BEEN AFFIRMED BY THE COURTS.
31 Vic., c. 17 — An Act to continue for a limited time the several Acts therein men- tioned. Section 4, by which an Act of the old Province of Canada authorizing the Governor to appoint Police Magistrates in Upper Canada was continued in force. Held valid : Ex parte Reno. — 4 Pr. Rep. 281. (Draper, C. J.)
81 Vic., c. JfJ^ — An Act for the conver.sion of the ordinary bonds and old stock of the Brockville and Ottawa Railway Company into reduced new stock and for other pur- poses. Held valid : Jones v. The Canada Central Ry. Co. — 46 Q. B. 250. (Osier, J.)
32 Vic., c. .?-?— An Act respecting Tavern and Shop Licenses. Section G, by which municipalities are authorized to prohibit the sale of spirituous liquors in shops and places other than houses of public entertainment, and to limit the number of tavern licenses. Held valid : Slavin v. The VUlage of Orillia.— 36 Q. B. 159. (Full court.)
Sections 32 and 33 of above Act, by which penalties are imposed on persons who compromise any offence against the provisions of the Act. Held valid: R. v. Boardman — 30 y. B. 553. (Full court.)
33 Vic., c. 19 — An Act to amend the law relating to bills of lading. Held valid: Beard et al. v. Steele— 34 Q. B. 43. (Full court.)
3^ Vic, c. O'J — An Act to confirm the deed for the distribution and settlement of the estate of the Honourable George Jarvis Goodhue. Held valid: lie Goodhue, 19 Grant, 366. (Court of Error and Appeal.)
38 Vic., c. 65 — An Act to amend the law relating to fire insurances. Held valid: Dear v. The Western Assurance Co. — 41 Q. B. 553. (Full court.)
39 Vic., c. 24 — An Act to secure uniform conditions in policies of fire insurance. Held valid: Citizens and Queen Insurance Companies v. Panjons — 7 Appeal Cases, 96. (Privy Council.)
39 Vic., c. 26 — An Act to amend the law respecting the sale of fermented or spirituous liquors. Ili-ld valid: License Commissioners of Prince Edward v. Prince Edward — 26 Grant, 452. (Spragge, C.)
R. S. 0., e. 17 i (The Municipal Act), »«c. ^66, ttdisa. 4 ""^ ^'> ^'Y which the Councils of cities, etc., arc authorized to pa-ss by-la w.s for preventing or regulating the sale by retail, in the public streets or vacant lots adjacent thereto, of meat, etc., and small ware, and for regulating the place and manner of soiling and weighing such articles, and for preventing criers and vendore of small ware from practising their calling in the market, public .streets, etc. Held valid: Re Harris &. Hamilton, 44 Q. B. 641. (Armour, J.)
41 Vic, c. IJf — An Act to ain^nd the License Act and for other purposes. Held valid: License (-'ommi.ssioners of Prince Edward v. Prince Edward — 26 (irant, 452. (Spragge, C.)
45 Victoria. Sessional Papers (No. 58). A. 1882
PAET II.
ACTS AND PAETS OF ACTS OF THE ONTARIO LEGISLATURE WHICH HAVE BEEN DECLARED UNCONSTITUTIONAL BY THE COURTS.
32 Vic, c. 22 (An Act to amend chapter fifteen of the Consolidated Statutes of Upper Canada, entitled "An Act respecting County Courts"), sec. 2, by which it is pro- vided that County Court judges shall hold office during pleasure, subject to removal by the Lieutenant-Governor for inability, etc., held invalid: Re, Squier — 46 Q. B. 474. (WHson, C. J.)
S2 Ftc., c. 2Q — An Act to repeal certain Acta and enactments therein mentioned, and to abolish the Court of Impeachment for the trial of County Judges. Held invalid: Be Squier— 46 Q. B. 474. (Wilson, C. J.)
2S Vic, c. 12 — An Act to amend an Act passed in the Session held in the thirty-second year of the reign of Her Majesty, intituled "An Act to amend chapter fifteen of the Consolidated Statutes of Upper Canada, entitled 'An Act respecting County Courts.'" Held invalid: Re Squier— 46 Q. B. 474. (Wilson, C. J.)
37 Vic, c 32 (An Act to amend and consolidate the law for the sale of fermented or spirituous liquors), sec. 26, requiring brewers to obtain a license to sell by wholesale liquor when sold for consumption within the Province of Ontario. Held invalid: Severn V. The Queen— 2 Can. S. C. R. 70. (Supreme Court.)
38 Vic, c 75 — An Act respecting the union of certain Presbyterian Churches therein named. A corresponding Act passed by the Legislature of the Province of Quebec has been held invalid: Dobie v. The Temporalities Board — 7 Appeal Cases 351. (Privy Council.)
R. S. 0., c 181 (The Liquor License Act), sec 57, by which it is provided that any person who, on any prosecution under the Act, tampers with a witness or induces or attempts to induce any such person to absent himself or to swear falsely, shall be liable to a penalty of $50. Held invalid: R. v. Lawrence — 43 Q. B. 164. (Full court.)
PAET III.
CASES NOW IN APPEAL.
R. S. 0., c 94- — An Act respecting Escheats and Forfeitures. Held invalid by the Supreme Court: Mercer v. The Attorney-General for Ontario — 5 Can. S. C. R., 538. (Leave to appeal has been granted by the Judicial Committee of the Privy Council, and proceedings on this appeal are now pending.)
R. S. 0., c. 181 (The Liquor License Act), sees. 4 ««<^ 5, which authorize License Com- missioners to make regulations respecting tavern and licensed shops, and other matters therein mentioned, and to impose penaltie.s for the infraction of such regulations, held invalid: Regina v. Hodge* — 46 Q. B. 141.
R. S. 0., c 181 (The Liquor License Act), sec 51, which provides for the imposition of imprisonment with hard labour, held in this respect invalid: Regina v. Frawley* — 46 Q. B. 153.
JOHN R. CARTWRIGHT,
Law Clerk.
* These decisions — R. v. Hodge and R. v. Frawley— have, since the return was presented to the House, been reversed by the Court of Appeal. The judgment is not yet reported. The preliminary steps for an appeal to the Supreme Court have beeh taken by the defendsint in the former case.
3
45 \^ictoria. Sessional Papers (No. 59). A. 1882
RETUfiN
To an Order of the Legislative Assembly passed on the 21st day of January, 1882, for a Return shewing the names of all the persons appointed to any office, either temporary or permanent, by the Government since Confederation, with the name of service, religion, date of appointment, salary, date of removal, if removed, and cause of such removal, so far as such information is not con- tained in any Return heretofore laid before this House.
ARTHUR S. HARDY,
Secretary.
Provincial Secretary's Office, Toronto, March 2nd, 1882.
45 Victoria.
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45 Victoria.
Sessional Papers (No. 60).
A. 1882
RETURN
Shewing, for each License District, the number of times in which, under Sections 62 and 63 respectively of the Liquor License Act, the powers of County Judges have been invoked or exercised in the matter of (a) Revocation of Licenses improperly obtained, and (b) the investigation of negligences of Inspectors, pursuant to an Order of the House of Assembly dated the 15th day of Febru- ary, 1882.
By Coitimand.
ARTHUE S. HARDY,
Secretary/. Provincial Secretary's Office,
Toronto, February 23rd, 1882.
A Return shewing, for each License District, the number of times in which, under Sec- tions 62 and 63 respectively of the Liquor License Act, the powers of County Judges have been invoked or exercised in the matter of (a) Revocation of Licenses impro- perly obtained, and (h) the investigation of negligences of Inspectors, pursuant to an Order of the House of Assembly dated the 15th day of February, 1882.
|
DISTRICT. |
UNDER SECTION SIXTY-TWO. |
UNDER SECTION BIXTT-THRBE. |
|||
|
No. of Times Invoked. |
No. of Times Exercised. |
No. of Times Invoked. |
No. of Times Exercised. |
||
|
Cardwell .... |
1 1 1 |
1 1 |
1 |
||
|
Dufferin |
|||||
|
Huron, West |
• |
1 |
|||
|
Toronto . . . |
3 |
2 |
|||
|
Total |
|||||
|
6 |
i |
' |
i |
45 Victoria. Sessional Papers (No. 61). A. 1882
RETURN
Shewing the Number of Beer and Wine Licenses, etc., which have been applied for, also the Number which have been granted, in each County in the Province, under sec. 19, cap. 27, 44 Victoria, pursuant to an Order of the House of Assembly dated 30th January, 1882.
By Command.
AETHUR S. HARDY,
Secretary. Provincial Secretary's Office,
Toronto, February 30th, 1882.
45 Victoria.
Sessional Papers (No. 61).
A. 1882
E.ETUKN shewing the Number of Beer and Wine Licenses, etc., which have been applied for, also th(! Number which have been granted, in each County in the Pro\'ince, under sec. 19, cap. 27, 44 Victoria, pursuant to an Order of the House of Assembly dated 30th January, 1882.
|
License DiSTBicrr. |
Number of Beer and Wine Licenses ap- I>lied for. |
mo |
1^ It |
|
Addington |
|||
|
AJgoma |
1 1 |
||
|
Brant, North |
|||
|
Brant, South |
|||
|
Brockville and South Leeds |
2 |
||
|
Bruce, North |
|||
|
Bruce, .South |
|||
|
Cardwell |
1 1 |
||
|
Carleton |
|||
|
Cornwall |
|||
|
Dutferiu Dundas .. |
1 |
1 |
1 |
|
Durham, East Durham, West |
3 |
3 |
3 |
|
Elgin |
|||
|
Essex, North |
|
||
|
Esse-x, South |
1 4 |
||
|
Frontenac • . |
|||
|
Glengarry |
|||
|
Grey, East Grey, South .... |
" "i" 2 |
i 1 |
' "i' ' |
|
Grey, North |
1 |
||
|
Halton |
|||
|
Hamilton Hastings, North |
12 1 1 1 |
12 |
5 |
|
Hastings, West |
|||
|
Hastings, East Huron, South |
|||
|
... . |
|||
|
Kent, East ^ . . . . |
1 |
||
|
Kingston |
4 1 1 |
2 1 1 |
2 |
|
LambtOD, West |
1 |
||
|
Lanark, South . |
|||
|
Lennox |
1 |
i |
1 |
|
London |
1 |
1 |
1 |
|
1 |
|||
|
2 ........ 1 |
1 "i" 1 |
1 |
|
|
Norfolk |
|||
|
1 |
|||
|
Ontario, South. |
1 |
1 |
1 |
|
Oxford, North |
|||
|
Peel ' . ... |
1 1 |
||
|
i |
1 |
45 Victoria.
Sessional Papers (No. 01).
A. 1882
|
License Distmot. |
Number of Beer and Wine Licenses ap- plied for. |
s u :3 <D en n |
|
|
Perth, South |
|||
|
Peterborough, East |
1 |
1 |
1 |
|
Preseott |
|||
|
|
|||
|
Renfrew , North |
2 2 |
1 2 |
1 |
|
o |
|||
|
1 |
1 |
||
|
Simcoe, South |
|
||
|
Simcoe, West |
|||
|
Toronto ■ |
5 1 2 |
2 .. .^... |
2 |
|
Victoria, South Waterloo, North |
1 |
||
|
1 1 |
|||
|
Wellington, West... |
|||
|
9 2 |
9 |
g |
|
|
Wentworth, South , |
|||
|
_.. . |
|||
|
York, North |
1 |
||
|
|
1 |
||
|
Thunder Bay |
2 2 |
1 1 |
1 1 |
|
71 |
48 |
38 |
|
45 Victoria. Sessional Papers (No. 62). A. 1882
(No. 62.)
Return shewing the number of convictions for violations of the License Act ni the Village of Shelburne, and the amount of fines collected m each of thejears 1879, 1880 and 1881. (Not Printed)
45 Victoria. Sessional Papers (No. 63). A. 1882
(No. 63.)
Statement of the Assets, Liabilities, Revenue, Expenditure, etc., of the Municipalities of the Province of Ontario. {Not /'ruited.)
45 Victoria. Sessional Papers (No. 64). A. 1882
(No 64.)
Ketiu'n shewing the number of Sheep killed by Dogs, and the amounts paid for the same, in each of the Municipalities of the Province for the years 1879, 1880 and 1881 respectively. {Not Printed.)
45 Victoria. Sessional Papers (No. 65). A. 1882
(No. 65.)
Return shewing (1) all Clerks of Division Courts appointed by the Government during the years 1880 and 1881, shewing in each case whether such appointments were to fill vacancies caused by deaths or resignation ; (2) all Bailiffs of Division Courts appointed during the same period, specifying the causes of such appoint- ment, giving residences and dates in all cases.
45 Victoria. Sessional Papers (No. 66). A. 1882
(No. 66.)
Return shewing the number of Coroners' Inquests on Deaths held in the Province in the years 1878, 1879, 1880 and 1881, with the total amounts paid for the same in each County, and the total amounts of such costs refunded by the Government to the Counties in each year.
45 "Victoria. Sessional Papers (No. 67). A. 1882
REPORT
Of the Provincial Secretary for the year ending 31st December, 1881.
By Command.
ARTHUR S. HARDY,
Secretary.
Provincial Secretary's Office, Toronto, March 6th, 1882.
45 Victoria. Sessional Papers (No. 67). A. 1882
OP THE
SECRETARY AND REGISTRAR
PROVINCE OF ONTARIO,
FOE THE YEAR ENDING 31st DECEMBER, 1881.
To His Honour the Honourable John Beverley Robinson,
Lieutenant-Governor of the Province of Ontario :
May it Please Your Honour, —
The undersigned respectfully submits to Your Honour, with Appendix I., a Report of the transactions of the Department of the Secretary and Registrar of the Province of Ontario, for the year 1881.
The number of new subjects dealt with (as indicated by the official fyles entered in the Office Register) was two thousand four hundred and eighty, in connection with many of which numerous despatches and letters were received and sent, and references made to other Departments of the Government.
The total number of letters received at the Secretary's Branch was four thousand one hundred and sixty-two. Three thousand seven hundred and fifty-six letters were written and sent.
The number of office fyles with recommendations or letters referred to other Depart- ments for action, or for consideration and report, was one thousand seven hundred and ninety, and the number of reports received with reference thereto one thousand three hundred ancF ninety-five.
During the year there were issued from the Secretary's Branch (a) twenty-seven thousand eight hundred and eighty-two Licenses, Certificates and Affidavits, under the provisions of the Act respecting the Solemnization of Marriages ; (6) two thousand printed blank forms, which are distril)Uted to SherifTs to accompany their applications for the removal of lunatics from the county gaols to the Provincial asylums ; (c) three hundred and fifty-nine Warrants under Your Honour's hand and seal for the removal of lunatics to the Asylums, or for the discharge therefrom of patients who had been cured ; {d) two hundred and seventy-five Commissions under the Great and Privy Seals ; (e) seventy- six Notarial Certificates ; and (/) nine hundred and fifty-four Circulars.
Statutory returns to the number of two thousand five hundred, from the Public Officers of Ontario and from the Municipalities, were received, entered and fyled.
One hundred and nineteen Letters Patent incorporating Joint Stock Companies under R. S. O. cap. 150, and a number of supplementary Letters Patent, were is-iued during the year.
The capital stock of the new companies incorporated amounts to seven millions two hundred and fifty-five thousand three hundred and fifty dollars.
The number of appointments under the Great and Privy Seals was five hundred and twenty-five.
The total fees received amounted to seven thousand and twenty-one dollars.
45 Victoria.
Sessional Papers (No. 67).
A. 1882
The following is a comparative statement for the years 1868, 1871, 1877 (the last year for which these statistics were printed) and 1881, shewing the increase of the work done in the Secretary's Branch : —
Comparative Statement or the Work Done in
Letters received
Letters sent
References to other Departments
Reports from other Departments
Circulars sent
Warrants for Removal and for Discharge of Lunatics
Statutory Returns of all kinds received, entered and fyled
Municipal Statistics— pa^'es of tabulated printed matter
Notarial Certificates prepared and issued
Letters Patent issued to Joint Stock Companies
Marriage Licenses, Certificates and Affidavits issued
Printed Forms re Liinatics distributed to Sheriffs
>'ages of Reports copied
Commissions issued imder the Great .and Privy Seals
Number of fyles, as shewn by Office Register
Total fees received by the Secretary's Branch
Ontario Gazette —
Proclamations published
Appointments ^'azetted. Great and Privy Seal
Notices of Incorporation of .Joint Stock Companies ... Notices of Increase of Stock of .Joint Stock Companies
18C8.
2107
1667
482
2.56
240
34
52
48 19
1871.
1690
1280
912
470
60
195
58
72 24
1.S5 1172 1938
110 13
190 1264 2282
1877.
3162
33.53
1528
1232
891
2.">6
792
69
131
38
25384
170 19S3 .5253
1881.
16 ."3
149 460
26 I .34
4 I 2
4162
37.56
1790
1395
954
359
2.500
about 7.5
76
119
27882
2000
200
275
24U8
7021
17
.525
119
8
The following is a detailed statement of the Joint Stock Companies incorporated by Letters Patent under cap. 1.50, R. S. O., during the year 1881.
Name.
1
The South Boundary Blanshard Cheese and Butter Co I
The St. Mary's Cheese .ind Butter Co
The H.imilton Canning Co I
The Victoria Rolling Stock Co
The Leader Printing Company of Tara, Limited
The Alliston Market House Company ..
The Untarii> Steel Barb Pence Co., Limited
The Virginia Tobacco Co., of Toronto
The Mednnte Lumber Co
The World Printing Co., of Toronto
The Pike & Richardson Cooperage Co
The Williams & McfJillivary Cheese Manufacturing Co
The York Envelope and .Manufacturing Co., of Ontario ,
The Bole & Stickle Manufacturing I'o., of Watford, Limite<I .,
The Chatham Manufacturing and Shipping Co
The Kirkt'in Butter and Cheese .Manufacturing Co... ,
The Kkfrid Cheese .ind Butter Manufacturing Co . .
The <;ohlst<me Cheese ami Butter Co
The Grantnn W.irehDuse .Joint Stock Co
The Peterboro' Storage and .Malting Co
The Hesiieler Manufacturing Co., of Ontario
The Wallace Cheese and Butter Manufacturing Co
The Hamilton Bridge and Tool Cn
The Peel Cheese and Butter Manufacturing Company
The Pahnemton Cheese Factory
'I he Parkhill Cheese Manufacturing Co
The Dimkeld Che»se and Butter Manufacturing Co
The Muskokaand Xipissing N. Company
The Oyner Cheese Company
The Ontario Cotton Mills Company
The Gait Cheese Manufacturing Co
Tlie Walton Union Cheese ami Butter Co
The Woddslee Cheese Manufacturing Co
The .James Smart .Manufacturing Co., BrockviUe
The North Pelham Fruit Drying Co
The Wvamiiit Cheese and P.utter Co
The Cli'fT<ird Butter .ind Cheese Co
The Ti.ronto I )ep<M for I.riidiea' Work Society
The Ontario Jockey Club
4
Stock of Company.
§1.500 1700
•junon
30001 K)
2000
41K)0
30000
20IX)00
40000
10000
KXIOOO
300(1
2.->(XK)
lOHOO
3000 3IIO0 3000 1000 2<Ji«>i :ti)iiiNKi
3O0 70000 2.500 3000 1200
:woo
100000 2.500
300000 2.500 3000 1.500
200000 2.'i00 3000
;«)oo
1000 30000
No. of Shares.
Amount of each Share.
|
1.50 |
$10 00 |
|
170 1 |
10 00 |
|
200 |
100 00 |
|
60 |
.5000 00 |
|
100 |
20 00 |
|
200 |
•20 1)0 |
|
300 |
100 00 |
|
2000 |
100 00 |
|
4oa |
100 00 |
|
100 |
100 00 |
|
1(¥K) |
100 00 |
|
300 |
10 00 |
|
2r<o |
100 0<1 |
|
100 |
100 00 |
|
100 |
fiOOO |
|
300 |
10 00 |
|
30 |
100 00 |
|
2.50 |
12 00 |
|
100 |
10 00 |
|
400 |
50 00 |
|
3000 |
100 00 |
|
150 |
20 00 |
|
700 |
100 00 |
|
2.50 |
10 00 |
|
1.500 |
2 00 |
|
120 |
10 00 |
|
l.'iO |
20 00 |
|
2000 |
.50 00 |
|
2.50 |
10 00 |
|
.3000 |
100 00 |
|
100 |
2.5 00 |
|
200 |
15 00 |
|
75 |
20 00 |
|
4000 |
1 50 00 |
|
.50 |
r^ <K) |
|
240 |
12 M |
|
120 |
25 00 |
|
KK) |
10 00 |
|
200 |
100 00 |
45 Victoria.
Sessional Papers (No. 67).
A. 1882
Name.
Stock <if Company.
The Gait Knitting Co I
The Wallace (!heese and Butter Manufacturing Co '
The Gotham Cheese and Butter Manufacturing Co I
The Dominion Paper Box Co. , of Toronto |
The Minto and Arthur Union Cheese and Butter Manufacturing Co:
The Linds.ay Curling Club I
The English Savings Co. , of Ontario
The Patent Cheese Machine Co., of Belleville
The Wawanosh Beaver Cheese and Butter Co
The Orillia Skating and Curling Association
The Consumers' Oil Kefining Co. , of -Ontario
The Sombra Joint Stock Cheese Manufacturing Co
The Hamilton Coffee Tavern
The Kingston Cotton Manufacturing Co., Ontario, Limited
The Avonmore Cheese Manufacturing Co
The Cobourg Skating and Curling Rink Co
The Muskoka Slide, Dam and Boom Co
The Bowmanville Curling and Skating Club of Ontario
The Johnston Cheese Co
The Farmers' Joint Stock Salt Well Co
The Aylmer Canning and Evaporating Co
The Furnishing Co. of London
The Globe Works Co. of London
The London Stock, Debenture and Investment Co
The Trent Valley Woollen Manufacturing Co., Campbellford •.
The Desert Lake Iron Co
The J. H. Stone Manufacturing Co. of Hamilton
The Provincial Jieal Estate and Loan Co. of Newmarket
The Paris Manufacturing Co
L'Amable Cheese Manufacturing Co. of Dungannon
The Lake Simcoe Transportation Co
The London Stock Exchange
The Zoological and Acclimatization Society of Ontario ....
The Toronto Window Roller Co
The Hamilton House Building Co
The Tribwne Printing Co. of Toronto
The Toronto Grape Sugar Co
The Toronto Coffee House Association
The Arndt Manufacturing Co. of Toronto
The Eastwood Cheese and Butter Manufacturing Co
The Tavistock Milling Co "
The Hamilton Tribune Printing and Publishing Co
The Ontario Canning Co ]
The Oshawa Stove Co |
The Journ.nl Company of the City of St. Thomas i
The Brantf ord Tehqram Printing Co
The Gntario Worsted Co
The Electric Despatch Co. of Toronto
The Dundas Street Music Hall Rink Co
The Fanners' Home Cheese and Butter Co. of Blandforth
The Kingston Knitting Co., Limited
The Queen City Ref. Co. of London
The Toronto Dry Docks and Ship Building Co
The Belleville Curling Club
The British American Starch Works, Brantford, Foster & Co.,
Limited
The E. Le Ruey Financial Co., of London, Ontario, Limited
The Welland Printing and Publishing Co
The Toronto Paper Manufacturing Co., Limited
The Xewstadt Warehousing Co
The Wingham Skating and Curling Rink Co
The Rockwood Union Weigh Scales Joint Stock Co
The Welland Knitting Co
The Canada Felt Hat Co. of Ontario '
The Bowmanville Agricultural Works Co
The Speed Skating Rink Co. of Guelph
The CoUingwood Curling and Skating Rink Co
The St. Thomas Hotel Co., Limited
The Imperial Hotel Co. of Gait
The Steel Association of Ontario
The Parry Sound Hotel Co
The Windermere Club, Limited
The Electric Purifier Co. of Ontario
The Plummer Waggon and General Manufacturing Co. of London.
S40000
3000
3000
20000
aooo
1500 1000000 .50000 3000 2000 30000 2000 3000 250000 700 3000 50000 3000 2000 3000 10000 .50000 130000 1000000 1.50000 £0000 50000 200000 100000 1000 1.5000 3000 50000 12000 50000 25000 200000 50000 2.5000 2000 35000 .50000 10000 50000 10000 10000 100000 3000 3000 2000 1.5000 lOOOOO 50000 2000
40000
100000
15000
250000
1000
2000
250
3000
40000
30000
lonoo
3000 50000 20000 700000 12000 25000 25000 .50000
No. of Shares.
$7255350
400 300 150 200 300 150 10000 1000 300 40 300 .SO 120 5000 70 300 2500 300 500 300 1000 .500 1300 20000 1500 2000 500 10000 1000 250 750 30 2000 GOO 500 2.50 2000 10000 1000 100 3.50 2000 100 500 100 200 1000 120 300 100 1.50 2000 500 200
80
1000
000
2.500
200
40
25
30
400
.300
200
300
500
200
14000
4 SO
.500
250
.500
Amount of each Share.
$100 00 10 00 20 00
100 00 10 00 10 00
100 00 50 00 10 00 50 00
100 00 25 00 25 00 50 00 10 00 10 00 20 00 10 00 4 00 10 00 10 00
100 00
100 00 50 00
100 00 25 00
100 00 20 00
100 00
4 00 20 00
100 00 25 00 20 00 100 00 100 00 100 00
5 00 25 00 20 00
100 00 25 00
100 00
100 00
100 00 50 00
100 00 25 00 10 00 20 00
100 00 50 00
100 00 10 00
500 00
100 00
25 00
1000 00
5 00
50 00
10 00
100 00
100 00
100 00
50 00
10 00
100 no
100 00
50 00
25 00
50 00
100 00
100 00
45 Victoria.
Sessional Papers (No. 67).
A. 1882
The following Table is a detailed statement of the
|
d |
s i 1-5 |
d 1 2 .5 |
d |
1 |
d |
1 < |
i |
|||
|
1 |
||||||||||
|
1 •> |
$ C. 13 00 10 00 78 00 |
$ C. 13 00 IG CO 65 00 |
S c. |
1 8 3 1 1 G 1 3 |
S e. 13 00 64 00 39 00 4 00 2 50 G 00 5 00 90 00 |
S c. |
||||
|
" Notaries' at $ 8 |
7 3 1 |
56 00 39 00 4 00 |
5 2 |
40 00 |
||||||
|
Other Commissions under Great Seal at $13 |
G I |
26 00 |
||||||||
|
County " " at.S2.50 |
1 8 1 2 |
2 00 |
||||||||
|
Surrogate " " at S 2.j Judicial Notarial " at S 1 5 Companies' By-laws Increase of 1 . « e Capital Stock and Declarations j'^^ ^ " • |
5 00 120 00 |
G 4 1 |
6 00 120 00 40 00 |
6 |
6 00 15 00 |
8 00 5 00 (K) 00 |
||||
|
" " at $40 " " . . at SoO |
7 |
40 00 50 00 120 00 70 00 |
||||||||
|
1 |
m 00 120 00 .■50 00 |
1 |
50 00 |
2 3 5 |
100 00 |
|||||
|
" " at SliO |
2 3 |
180 00 |
||||||||
|
" " atSlO '* " ... at *25 |
5 |
.lO 00 |
10 1 |
100 00 25 00 |
50 00 |
|||||
|
Change of Name at .$25 Ferry License at S1.5 MarriaRe Licenses, Certificates and Affi- : davits ! |
|
|||||||||
|
198 00 |
. |
254 00 |
2GC 60 |
1G4 00 |
1.30 00 |
|||||
|
S630 00 |
$.564 00 1 |
«66G GO |
$562 60 |
$601 00 |
45 Victoria.
Sessional Papers (No. 67).
A. 1882
i'ees received and the services rendered therefor.
|
i |
June. |
6 12; |
1-5 |
6 -A |
s |
;^ |
Sept. |
6 |
1 |
c* 1 2 2 |
i '-A |
d |
1 |
Total amount. |
|
|
10 1 |
80 00 13 00
0 00 |
4 1 1 .. 5 |
$ C. 32 00 13 00 4 00 5 00 |
3 1 7 |
% c. 24 00 13 00 7 00 |
7 3 (j |
$ c. 56 00 39 00
6 00 |
7 2 1 1 4 2 2 2 1 4 |
$ c. 56 00 20 00 4 00 2 00 4 00 10 00 60 00 80 00 60 00 40 00 |
$ c. 13 00 16 00 26 00 |
4 1 |
* c. 19 50 32 00 13 00 |
5^ 61 30 4 3 69 9 46 6 8 10 47 1 1 1 |
$ c. 71 50 488 00 390 00 16 00 6 .50 |
|
|
5 |
5 |
5 00 |
6 2 i 1 1 3 |
d 00 10 00 210 00 40 00 60 00 30 00 |
69 00 45 00 |
||||||||||
|
4 1 |
120 00 40 00 100 00 60 00 30 00 |
5 |
150 00 |
7 |
210 00 |
4 |
120 00 |
4 |
120 00 |
1380 00 240 00 |
|||||
|
9 |
1 |
; 50 00 . . |
400 00 |
||||||||||||
|
1 |
600 00 |
||||||||||||||
|
s |
2 |
20 00 |
2 |
20 00 |
3 |
30 00 |
470 00 |
||||||||
|
25 00 |
|||||||||||||||
|
1 |
25 00 |
25 00 |
|||||||||||||
|
269 20 |
153 DO |
■' |
131 00 |
326 00 |
.. |
259 00 |
1 |
15 00 225 00 |
15 00 |
||||||
|
405 00 |
2780 80 |
||||||||||||||
|
$717 20 |
8377 00 |
$435 00 |
S567 00 |
.$601 00 |
Si4.50 00 |
$850 50 |
$7021 80 |
45 Victoria. Sessional Papers (No. 67). A. 1B82
There are attached by Order in Council and otherwise to the office proper of the Secretary and Registrar the following Departments and Branches, viz. :
Immigration Departments see Report for 1881
Vital Statistics " 1880
License Branch and Auditing of Criminal .Justice Accounts " 1881
The Inspectorship of Division Courts " 1881
The Inspectorship of Registry Offices
All of which is respectfully submitted.
ARTHUR S. HARDY,
Provincial Secretary's Office, Secretary.
Toronto, 8th March, 1882.
The Hon. A. S. Hardy,
Provincial Secretary, Toronto :
Sir,— In compliance with your request, I have the honour to suKmit for your infor- mation a statement of the work done in the Registrar's Branch of the Department of the Provincial Secretary, from the 1st January, 1881, to 31st December, 1881.
I have the honour to be, Sir,
Your most obedient servant,
John F. C. Ussher,
DepiUy Registrar.
A Condensed Statement shewing tlie Work done in the Registrar's Braucii of the De- partment of the Provincial Secretary, from .January 1st, 1881, to .31st December, 1881.
Documents.
Commi88ion.s, G. S
Commissiiiiis, P. S
Special Coiiiiui.t!<ion8
Letters Patent
Sui)plement.iry Letters Patent
lionrls anci Cnvenants
l-'eclaratinnu of Incorporation.
I 'ertificatoH. P. L. S
Warrants removing lunatics . . .
discharge Warrants
Licenses
Leases
Recorded.
Land Patent*—
Crown Land Sales
Tree Grants
Cancellations
Special Deeds
Surrenders
187
78
9
111
,5
51
9
10
316
&5
2
1
852
397
14
4
2
Indexed.
187
78
9
111
6.
51
9
10
316
85
3
1
852
397
14
4
2
In addition to the foregoing, an Annual Return of all Bonds and Securities re- corde.1 ill this Department under 31 Vic. cjip. M, is prepared for the I/cgislative A».sciiibly, under .sec. 1.') of the same Act, iind a t^uart^rly ll<>turn of all the laiuls is also scJit to the Registrar of each county in which PatenlJi have is.Hued. Two hundred and eighty-four letters were .sent, and twenty-eight copies of Patt-nts and live exemplKicationa were issued.
Jou.N F. C. UssiiEK, De})uty-Iiegiiilrar. /'roviiice of Ontario. Department of the Provincial Registrar,
Toronto, 8th March, 1882.
45 Victoria. Sessional Papers (No. 68). A. 1882
RETURN
Shewing the quantity of Coal purchased by or on account of the Province in each of the years from 1874 to 1881, both inclusive ; the Institutions for which purchased ; the date of purchase, and the price per ton paid, giving the information in each case in detail as to Hard and Soft Coal.
By Command.
ARTHUK S. HARDY,
Secretary. Provincial Secretary's Office,
Toronto, February 22nd, 1882.
45 Victoria.
Sessional Papers (No. 68).
A. 1882
|
4 to 1881, both ation in each case |
trol of Dominion Gov't, d until 1875. tluntiUSSO. lot used here until 1878. |
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