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.

The undersigned has the honour also to call attention to the fact 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 uncertainty as to boundary exists, the undersigned begs leave to recommend that the Government of Ontario be urged to arrange with that of the Dominion for some joint course of action as to the granting of land and of mining licenses, reservations of royalties, &c., and for this purpose he would suggest that the Government of Ontario be moved to appoint a Commissioner to meet the Honourable 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 land or mining rights shall be confirmed by the Government, whether of Canada or of Ontario, as shall under the decision of the Judicial Committee, be the proper party to legalize the same.

All of which is respectfully submitted.

JOHN A. MACDONALD.

REPORT OF A COMMITTEE OF THE HONOURABLE THE PRIVY COUNCIL, APPROVED BY HIS EXCELLENCY The Governor-GENERAL ON THE 16TH MAY, 1872.

The Committee of Council have had under consideration the annexed Memorandum, dated May 1st, 1872, from the Honourable the Minister of Justice, having reference to the settlement of the question of the Northern and Western Boundaries of the Province of Ontario, and they respectfully report their concurrence in the recommendations submitted in the said Memorandum, and advise that the same be approved and adopted.

To the Honourable

Certified.

The Secretary of State, &c., &c., for the Provinces.

WM. H. LEE,
Clerk P. C.

ORDER IN COUNCIL, APPROVED BY THE LIEUTENANT-GOVERNOR, THE 31ST DAY OF MAY, A.D. 1872.

The Committee of Council have had under consideration the despatch from the Secretary of State for the Provinces, of the 16th May, with the Minutes of Council and Memorandum of the Minister of Justice enclosed in that despatch, all relating to the settlement of the question of the Northern and Western Boundaries of the Province of Ontario.

The Committee of Council regrets that the Government of Canada does not propose, in any respect, to modify its views with reference to these boundaries, opposed as those views are to the general tenour of the expressions and conduct of the Governments of the late Province of Canada and of the Dominion in the past.

The Committee of Council also regrets that the Government of Canada is not prepared to negotiate, for the purpose of arriving at a conventional arrangement as regards the boundaries. The Committee infers that the Government of Canada disapproves of that course, in consequence of the difficulty stated in the following extract from the Memorandum of the Minister of Justice :-"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 where any crime may be committed is by law within the Province."

The Committee desires to call attention to the 3rd clause of the Act of the Imperial Parliament, passed 29th June, 1871, chap. 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 respecting the effect and operation of any snch increase or diminution or alteration of territory in relation to any Province affected thereby."

It appears to the Committee 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.

With reference to the emergency arising out of the expected immigration during this spring and summer, it appears to the Committee that a short Act of the Parliament of Canada, providing that the boundaries of the Province of Ontario should, for the purposes of criminal jurisdiction and so far as the Parliament of Canada can provide, be decreed, 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 submission to the Judicial Committee of the Privy Council, this Committee begs to observe 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 upon the whole, the Committee is of opinion that 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 the Committee recommends that without for the present dealing definitely with the proposal of the Government of Canada for a reference to the Judicial Committee, this counter-suggestion should be made to that Government.

The Committee of Council entertains a strong conviction 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 with reference to the disposition of these lands should, so far as practicable, conform to the views of the Government of Canada, the Committee agrees 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 Committee recommends that the Honourable R. W. Scott should be requested to confer with the Honourable J. C. Aikens, as proposed by the despatch of the 16th May.

Certified.

J. G. SCOTT,

Clerk Executive Council, Ontario.

DEPARTMENT OF PUBLIC WORKS,

OTTAWA, 24th April, 1872.

Sir, I am directed to transmit herewith an account against the Province of Ontario, for maintenance of police force at Thunder Bay, and cash advances, &c., for Court House at Prince Arthur's Landing, amounting to $4,035 74, and to request that application may be made to the Government of that Province for an early settlement of the same.

GOVERNMENT HOUSE,

TORONTO, 25th June, 1872.

SIR,-Adverting to your despatch under date 26th April last, enclosing a copy of a letter from the Secretary of the Department of Public Works of Canada, together with certain accounts therein referred to, amounting to the sum of $4,035.74, for the maintenance of a police force at Thunder Bay, and for cash advances for the Court House at Prince Arthur's Landing, I have the honour to transmit herewith cheques of the Treasury Department, Ontario, Nos. 782 and 783, drawn in favour of the Dominion Government for the sums of $215.02 and $793.31, respectively, being in discharge of items in connection with the Court House at Prince Arthur's Landing.

With reference to the other items in connection with the maintenance of a police force at Thunder Bay, I have at the same time to intimate that my Government has been unable to ascertain the authority from the Province of Ontario upon which the Province is now asked to pay these amounts, and I have, therefore, to request you to be good enough to state for their information the authority upon which the expenditure in question has been made.

While my Government fully concurs in the view of the Government of the Dominion of Canada, that Thunder Bay and that part of the Red River Road, the construction of which has given rise to the claim now made, is within the limits of the Province of Ontario, I cannot but observe that the Government of the Dominion of Canada is at this moment preferring a claim to that territory on the ground of its being beyond the limits of this Province. I have the honour to be, Sir,

Your most obedient servant,

W. P. HOWLAND.

To the Honourable

The Secretary of State for the Provinces, Ottawa.

SECRETARY OF STATE FOR THE PROVINCES,
OTTAWA, July 2nd, 1872.

SIR, I have the honour to acknowledge the receipt of your despatch of the 25th ultimo, in reply to one from the Secretary of State for the Provinces, under date the 26th April last, enclosing a copy of a letter from the Secretary of the Department of Public Works of Canada, together with certain accounts therein referred to, amounting to $4,035 74, for the maintenance of a police force at Thunder Bay, and for cash advances for the Court House at Prince Arthur's Landing.

I have also to acknowledge the receipt of two cheques (enclosed in your despatch) on the Treasury Department, Ontario, in favour of the Dominion Government, for the sums of $215 02 and $793 31, respectively, being in discharge of items in connection with the Court House at Prince Arthur's Landing. A copy of your despatch has been communicated to the Minister of Public Works, and his attention has been called to the re quest made by you on behalf of your Government, to be informed of the authority upon which the Province of Ontario is called upon to pay the expenses specified in the accounts in connection with the maintenance of the police force at Thunder Bay.

[The following provisional arrangement between the Dominion of Canada and Province Ontario was confirmed by Orders in Council of both Governments] :

The Government of the Dominion of Canada, having by an Order in Council, dated the day of June, 1874, suggested that the Ontario Government should be moved to appoint a nmissioner to meet "the Minister of the Interior, and arrange some joint system for the of lands and adjusting disputed rights in the territory claimed by both Governments, the adoption of a Conventional Boundary on the West and North, and that after the I adjustment of the two Boundaries, titles to land should be confirmed by the Governit, whether of Ontario or the Dominion, whichever should be the proper party to legalize

same."

And the Ontario Government having acted on the suggestion of the Privy Council, by ointing the Commissioner of Crown Lands of that Province, to meet the Minister of the rior and discuss the proposed arrangements, and the said parties having met this day, e agreed to the following propositions as the basis of a memorandum to be submitted to r respective Governments:

1. That the Conventional boundary of the Province of Ontario for the purposes set h in the said Order in Council of the 3rd of June, instant, shall be on the West :-the idian line passing through the most easterly point of Hunter's Island, run south until it ts the Boundary Line between the United States and Canada, and north until it inter the fifty-first parallel of latitude; and the said fifty-first parallel of latitude shall be the ventional Boundary of the Province of Ontario on the North.

2. That all patents for lands in the disputed territory to the east and south of the said ventional Boundaries, until the true boundaries can be adjusted, shall be issued by the ernment of Ontario; and all patents for land on the west or north of these Conventional daries, shall be issued by the Dominion Government.

3. That when the true West and North bonndaries of Ontario have been definitely ted, each of the respective Governments shall confirm and ratify such patents as may been issued by the other for lands then ascertained not to be within the territory of Government which granted them; and each of the respective Governments shall also nt for the proceeds of such lands as the true boundaries, when determined, may show long of right to the other.

4. That the Government of the Dominion shall transfer to the Government of the ince of Ontario, all applications for lands lying to the east and south of the Conventional daries, and also all deposits paid on the same; and the Ontario Government shall fer to the Dominion Government all applications for lands lying to the west or north said boundaries, and likewise all deposits paid thereon. And such of the said applicaas are bona fide, and in proper form, shall be dealt with finally, according to the ty of the original filing; and where applications for the same lands have been filed Departments of both Governments, the priority shall be reckoned as if all had been n one and the same office.

Signed in duplicate this 26th day of June, 1874.

DAVID LAIRD,

Minister of the Interior.

T. B. PARDEE,

Com. Crown Lands.

XVII.

Supplementary Miscellaneous Documents.

The documents in this section, together with the Notes on Maps, pp. 135-140 ante, were procured and prepared for the press after the rest of the work had been printed off, and on the point of being completed for distribution.

DOCUMENTS RELATING TO THE BOUNDARIES AND TO THE INDIAN NATIONS AND FRENCH POSTS OF CANADA, &c., 1671-1878.

OGILBY ON THE BOUNDARIES OF CANADA, LABRADOR, &c., 1671.*

ESTOTILAND-NOVA BRITANNIA TERRA LABORATORIS-CORTEREALIS.

The farthest part of land northward, between Hudson's Gulf and Hudson's Straight, betwixt fifty-seven and sixty degrees of northern latitude, goes generally by the name of Estoti land,... and, according as Nova Britannia is placed in some charts, might very well be taken for the same, though it hath not been so termed by any author, but rather Terra Laboratoris, Corterealis and Nova Britannia † are generally received to be all one. Terra Laboratoris... comprehended, according to Peter du Val, under Nova Britannia, as the more general Province, or, according to Cluverius, under Canada,-lies from about fifty-four to fiftyseven degrees of northern latitude.

CANADA, OR NEW FRANCE.

Canada, as it is taken for one and the same Province with New France, contains New France properly so called, Nova Scotia, Norumbega, and some adjoining Islands; as the Canada of Cluverius, lying more north-westerly, comprehends (as we have already intimated) Estotiland, Laboratoris and Coterealis; and, according to the most modern divisions, hath on the north Terra Corterealis, on the south New England, and on the east the Ocean, and hath between forty-five and fifty-two or fifty-three degrees of northern latitude. The River Canada [St. Lawrence] rises in the western parts of this Province, which remain yet undiscovered, and in some places spreads itself into huge lakes.

Canada is by some accounted a general Province containing New France, L'Accadie, Norumbega and other places.

THE TAKING POSSESSION OF HUDSON'S BAY AND OF THE NORTHERN LANDS AND SEAS, BY ALBANEL AND ST. SIMON, 1672.

Father Charles Albanel, Jesuit, missionary employed in the instruction of the Indian Nations and Montagnois, and Paul Denis de St. Simon, Commissary, and deputed by M. Talon, Intendant of Canada, to take possession in the King's name, of the countries, lands, lakes and rivers, which lie between the banks of the River St. Lawrence as far as the shores of the Straits of the Fretum Davis, including Hudson's Bay, and adjacent lands and seas, being at Mis

*Extracts from "America, being an accurate description of the New World-with maps and sculptures, by John Ogilby, Esquire, London, 1671." pp. 127-9, 139.

The names-Nouvelle Bretaigne, Nova Britannia, New Brittany, New Britain-given to a certain part of Labrador, would seem to have originated with the Breton navigators or fishermen, who, at a very early period, frequented that coast.

N. Y. Hist. Col., Vol. ix., p. 791.