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The constitutional development of the North-West Territories Boutilier, Helen R. 1932

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THE CONSTITUTIONAL DEVELOPMENT OP THE NORTH - WEST TERRITORIES. by Helen R. Boutilier. A thesis submitted in p a r t i a l fulfilment of the requirements for the degree of Master of Arts in the Department of History. THE UNIVERSITY OF BRITISH COLUMBIA. OCTOBER, 1932. C O M M I T S . P r e f a c e . A b b r e v i a t i o n s . The Transfer of the North-West T e r r i t o r i e s t o Canada. Government from Manitoba, 1870-1876. Government "by the C o u n c i l of the North-West T e r r i t o r i e s . The Struggle f o r Responsible Government Demand f o r Increased S u b s i d i e s and P r o v i n c i a l S t a t u s . C o n c l u s i o n : The North-West T e r r i t o r i e s C o l o n i e s tff Canada. Appendix A, E x t r a c t s from the Charter of 1670. Appendix B, Statement showing amount of l o c a l Revenue 1887-1898. Appendix C, Statement showing amount of the F e d e r a l Grant 1887-1898, A u t h o r i t i e s Consulted. Map. IY PREFACE. The government of the North-West Territories has heen one of the neglected aspects of Canadian history, and one deserving and l i t e r a l l y demanding attention. The area between Manitoba and B r i t i s h Columbia has too long heen mere-l y 11 The Prairies", with l i t t l e thought for conditions apart from the success or fa i l u r e of crops. For this reason one aspect that of constitutional growth, has been, selected for study. However, i t must never he forgotten that in a very true sense the history of the west i s the history of settlement. It i s this aspect that makes one hesitate to use the term " imperialism" i n respect to Canadian a c t i v i t i e s , for to an extent, which is a cause of regret to many loyal Canadians, i t i s the home of l i t t l e Russias, G a l l i c l a s , Polands. A l l the nations of Europe have contributed their i|uota toward f i l l i n g up the vast area which necessitated Canada's experiments i n colonial policy. As Canadians we should know of her efforts, i f only as a check to our interpretation of that of others. There are many thought provoking ideas behind the quiet questioning of a student of Canadian history who would ask, when B r i t i s h policy i s c r i t i c i z e d , ^ .what would Canada have done?" V By a study of governmental policy i n and for the west, i t is possible to secure in some slight measure, an idea of what Canada did do when confronted by a problem which up to that time, had been solved only by an imperial power. For this purpose the one phase of western development has been thrown into r e l i e f , other equally important aspects being used only for background. Small portions of the f i e l d must be explored before i t is possible to produce a comprehensive study of i n -te l l e c t u a l , social and p o l i t i c a l development, moulded by the influence of geography. As a background for this study, I have been fortunate in securing the training bf a l l members of the History Depart-ment. Special mention must be made of the Seminar i n Historical Method given by Professor F. H. Soward, and the practical appli-oation of that training i n the group conducted by Professor D. C-Harvey. Valuable direction, especially in respect to the economic and so c i a l development of the west, has been given by Dr. W. U. Sage who has supervised the work through-out. ABBREVIATIONS. Report, 1857. Report o f the S e l e c t Committee on the Hudson's Bay Company, 1857. T. R. S. C. Tr a n s a c t i o n s of the Royal S o c i e t y of Canada. S t a t u t e s . S t a t u t e s of Canada. S e s s i o n a l P a p e r s . — U n l e s s otherwise designated, S e s s i o n a l Papers of the F e d e r a l House. O l i v e r . E. H. O l i v e r , ed., The Canadian l l o r t h -West. E a r l y Development and L e g i s l a t i v e Records. 2 v o l s . J o u r n a l s . J o u r n a l s of the C o u n c i l s of the ITorth-l e s t T e r r i t o r i e s , 1877-1887. Jo u r n a l s of the l e g i s l a t i v e Assembly of the llorth-West T e r r i t o r i e s , 1838-1904. CHAPTER I . THE TRANSFER OF THE NORTH-WEST TERRITORIES TO CANADA. The Dominion of Canada,has been the testing place of many accepted principles of the government of the British. Commonwealth of Nat ions.First federation within the Empire and the senior member of the Commonwealth, there are never-t h e l e s s within her borders two provinces Saskatchewan and uniqjie Alberta, which have a h i s t o r y i n the annals of the Empire. These two with their s i s t e r province Manitoba, pass-ed through a period of company rule, when under the Royal Charter of 1670 the Hudsonfs Bay Company exercised the powers of fur trader and governor alike, with her, they were trais -ferred to the newly formed Dominion of Canada in 1870, but when the Red River Settlement entered the Canadian union, a break was made in the history of the west. From the rule of the company men, the North-West Territories passed under the power of the Canadian government and were controlled from Manitoba by men outside their borders. Soon a change took plaee, and a separate t e r r i t o r i a l government was set up with power s t i l l centered at Ottawa, As in the older provinces, there *ame a struggle for a greater measure of control. The growing population sought i t by the same means which had been used by Hova Scotia and the Canadas, with this difference, that the power for which i t was straggling was held by a Canadian authority in Ottawa and not a B r i t i s h one i n England. The increasing importance of the west led not only to the achievement of responsible government, but in time to provincial status within the Dominion. Autonomy b i l l s marked the birth of Saskatchewan and Alberta, and here their history links up with that of Manitoba . The west was again united, and with details d i f f e r i n g in each province, fought the struggle for control of i t s natural re-sources. It i s the development of the area, during the per-iod when the foundations for the l a t t e r struggle were l a i d , whieh the following pages w i l l attempt to trace. The east fought the battle for self-government, the west that against monopoly. In studying the history of the Dominion, i t is customary to look to the older provinces, the two Canadas and the Maritimes, and before Confederation this was the section which did matter. "West of the Great Lakes was s t i l l a fur traders preserve. However, this vast area north of the great American desert" was beginning to &ttraet attention, and while i t is questionable whether the influence of the Canadian frontier w i l l ever be shown as great as that attributed by Frederick Jackson Turner to the I American, i t played an ever increasingly important part in I. F. J. Turner, The Frontier in American History, ( lew York, 1921.). 3 th a t Canadian experiment w i t h i n the Empire, f e d e r a t i o n . In J u l y 1849, She B r i t i s h House of Commons passed an Address to the Crown, p r a y i n g that an i n q u i r y might he made i n t o the l e g a l i t y o f the powers cl a i m e d by the Hudson's 2 Bay Company. S i r John J e r v i s and Sii? John R o m i l l y , law o f f i c e r s of the crown to whom the c l a i m s were submitted i n the f o l l o w i n g year, expressed the o p i n i o n that the r i g h t s thus set f o r t h by the Company p r o p e r l y belonged to i t , but a d v i s e d , f o r a more formal argument and d e c i s i o n of the ques-t i o n s a t i s s u e , a recourse t o the J u d i c i a l Committee of the 3 P r i v y C o u n c i l . Mr. A. K. I s h i s t e r and the p a r t y which had 1. (con't.) A r t i c l e s are beginning to appear on the sub-j e c t of the Candian f r o n t i e r . Among the most v a l u a b l e a r e : J . B. Brebner, Canada and North American H i s t o r y , Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1931. A. 1. B u r t , Our Dynamic S o c i e t y , M i n n e s o t a . H i s t o r y , v o l . I I I I , No. I , March, 1932. John L . McDougall, The F r o n t i e r School and Canadian H i s t o r y , Canadian H i s t o r i c a l Assoc-i a t i o n , Report, 1929. W. A. Mackintosh, Economic F a c t o r s i n Canadian H i s t o r y , Canadian H i s t o r i c a l Review, v o l . IT, No. I , March,1923. W. N. Sage, Some Aspects o f the F r o n t i e r i n Canadian H i s t o r y , Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1928. 2. In January 1849, a r o y a l grant ceded Vancouver I s l a n d to the Hudson's Bay Company f o r c o l o n i z a t i o n purposes. At that time, company p o l i c y i n the Red R i v e r was r e -viewed and r e c e i v e d unfavorable comment from l o r d L i n c o l n afterwards Duke of Newcastle and S e c r e t a r y of State f o r C o l o n i e s . See W. N. Sage, S i r James Douglas and B r i t i s h Columbia, ( U n i v e r s i t y of Toronto P r e s s , 1930.), p. 146. 3. A r t h u r Kennedy I s b i s t e r , the son of an o f f i c e r i n the Hudson's Bay Company, was horn a t Cumberland House on the Saskatchewan i n 1822. He was of Orkney descent w i t h a t r a c e of I n d i a n blood, and when about s i x t e e n years of age entered the s e r v i c e of the Company. In 1842, he went to England where he was i n s t r u m e n t a l i n 4 presented, a p e t i t i o n a g a i n s t the Company, upon which c h i e f l y the Address to the Crown had "been "based, d e c l i n e d the respon-s i b i l i t y of appearing i n order to t e s t the case, and the mat-ter was dropped f o r a time. The year 1857 i s o u t s t a n d i n g i n the annals of the North-West, f o r at t h a t time, a l l eyes were turned toward the v a s t area which was l a t e r t o become the granary of the Empire. In the llorth-West n e a r l y s i x hundred s e t t l e r s signed a p e t i t -i o n to the Canadian L e g i s l a t i v e Assembly, i n the w i n t e r o f 4 1856, p r a y i n g t h a t the country might be annexed. The inhab-i t a n t s of the Red R i v e r Settlement asked t h a t measures might be taken to extend to them: " the p r o t e c t i o n of the Canadian Government, , laws and i n s t i t u t i o n s , and make - them- equal p a r t i c i p a t o r s i n those r i g h t s and l i b e r t i e s enjoyed by B r i t i s h s u b j e c t s i n what-ever p a r t o f the world they r e s i d e " . 5. The Hudson's Bay Company at t h i s p e r i o d appears to have been w i l l i n g to come to terms f o r the t r a n s f e r of a p o r t i o n of the North-West T e r r i t o r y to Canada, although i t h e l d t h a t to do so would l i k e l y e n t a i l l o s s upon i t , through an i n c r e a s e of expense i n conducting t r a d e . The Canadian government, however, i n s i s t e d upon t e s t i n g the v a l i d i t y of 3. (con't.) A r t h u r Kennedy I s b i s t e r : i n p r e s s i n g the case of those who d e s i r e d a more l i b e r a l c o n s t i t u t i o n f o r t h e Red R i v e r . See, Rev. P r o f e s s o r Bryce, I n Memoriam, Late A. K. I s b i s t e r , M. A. I I * B., Honorary Member, Manitoba H i s t o r i c a l and S c i e n t i f i c S o c i e t y , T r a n s a c t i o n No. 2, S e s s i o n 1883- 4» 4. P e t i t i o n of I n h a b i t a n t s and N a t i v e s of the Settlement s i t u a t e d i n the Red R i v e r , i n the A s s i n i b o i n ' C o u n t r y , B r i t i s h North America. Report, 1857, Appendix No. 15.p.439. 5. P e t i t i o n of Inhabitants and N a t i v e s of the Settlement s i t u a t e d i n the Red R i v e r , i n the Assiniboiri !"'bountry, B r i t i s h N o r t h America... Report, 1857, Appendix, No. 15.p.439. 5 the c h a r t e r , as i t -was b e l i e v e d t h a t c l a i m s to the western t e r r i t o r y , c o u l d be e s t a b l i s h e d upon the b a s i s of French e x p l o r -a t i o n i n the days of La Verendrye. The Board of Trade of the C i t y of Toronto, presented a p e t i t i o n to the L e g i s l a t i v e C o u n c i l of Canada on A p r i l 20, 1857, which f a i r l y r e p r e s e n t s Canadian f e e l i n g r e g a r d i n g the North-West and the powers of the Hudson's Bay Company i n t h a t area: " Your p e t i t i o n e r s humbly submit that a renewal o f such l i c e n s e of e x c l u s i v e trade i s i n j u r i o u s to the i n -t e r e s t s of the country so monopolized, and i n contraven-t i o n of the r i g h t s of the i n h a b i t a n t s of Canada. Your p e t i t i o n e r s t h e r e f o r e humbly pray t h a t your Honor-able House w i l l take i n t o c o n s i d e r a t i o n the subject of how f a r the assumption of power on the p a r t of the Hudson's Bay Company i n t e r f e r e s w i t h Canadian r i g h t s , and as to the nec-e s s i t y o f more p a r t i c u l a r l y d e c l a r i n g the boundaries of Canada on the northward, and of ex t e n d i n g throughout the p r o t e c t i o n of Canadian laws and the b e n e f i t s of Canadian i n s t i t u t i o n s " . 6. To the p e t i t i o n s of the s e t t l e r s of the l e d R i v e r f o r union w i t h Canada, was added the f e a r of A m e r i c a n i z a t i o n . The r a p i d expansion o f Minnesota, caused apprehensions l e s t the Oregon question be repeated. Gold was d i s c o v e r e d i n Cariboo and wandering miners found t r a c e s i n what i s now the province of Saskatchewan. Because of the e f f e c t which these events would have upon government p o l i c y i n r e s p e c t to a renewal of the Hudson's Bay Company's l i c e n s e of e x c l u s i v e trade which e x p i r e d i n 1859, the Company i n 1856, attempted to secure a settlement of the q u e s t i o n . 6. P e t i t i o n from the Board of Trade of the C i t y of Toronto to the L e g i s l a t i v e C o u n c i l , presented 20th. A p r i l , 1857. Report, 1857, Appendix, No. 12. p. 435. 6 In the f o l l o w i n g year, the crown lawyers recommended t h a t the q u e s t i o n of the g e o g r a p h i c a l extent of the Company's t e r r i t -ory, he s u b j e c t e d to j u d i c i a l i n q u i r y . A S e l e c t Committee of the House of Commons was then ordered " to c o n s i d e r the " State of those B r i t i s h p ossessions i n North America which " are under the A d m i n i s t r a t i o n of the Hudson's Bay Company, 7 11 or over which they possess a l i c e n s e to Trade". The Canadian Assembly, i n view of the approaching B r i t i s h enquiry, appointed a s e l e c t committee " to r e c e i v e " and c o l l e c t Evidence and I n f o r m a t i o n as t o the R i g h t s of " the Hudson's Bay Company under t h e i r Charter, the Renewal " of the l i c e n s e of Occupation, the c h a r a c t e r of the S o i l 8 " and Climate of the T e r r i t o r y , and i t s F i t n e s s f o r Settlement 5 1. Opinions were r e c e i v e d from A l l a n MacDonell, a Toronto r a i l -way promoter who had sought a c h a r t e r and subsidy f o r a road to t h e P a c i f i c , George Gladman, a n a t i v e of Hudson's Bay Ter-r i t o r y and r e t i r e d servant of the Company, and W i l l i a m M. Dawson, head of the Woods and F o r e s t s Branch of the Crown 9 lands Department. The evidence submitted showed a u n i t e d o p p o s i t i o n to the continued sway of the Company, and the r e -p o r t was r e c o g n i z e d by the B r i t i s h Committee as a v a l u a b l e i n d i c a t i o n of Canadian f e e l i n g . This was not the f i r s t time that Canadian o f f i c i a l o p i n i o n had been shown to be i n f a v o r of u n i t i n g the whole of the North-West T e r r i t o r y to Canada. In the p r e v i o u s year, 7. Report, 1857, p. I I I . 8. Report, 1857, Appendix Ho. 8, p. 385. 9. Report, 1857, Appendix No. 8, pp..385-400. 7 Honourable P. M. S. Vankoughnet, P r e s i d e n t of the Executive C o u n c i l , had d e c l a r e d , t h a t he sought a boundary f o r Canada on the P a c i f i c Ocean, t h a t no c h a r t e r c o u l d g i v e a body of men c o n t r o l over h a l f a c o n t i n e n t , and t h a t he was determin-10 ed to do a l l i n h i s power to have such a c h a r t e r a b o l i s h e d . C h i e f J u s t i c e Draper was appointed by the Canadian a u t h o r i t i e s to f o l l o w the i n v e s t i g a t i o n , and represent Can-adian r i g h t s and i n t e r e s t s i n England before the proposed Committee of the I m p e r i a l government. H i s i n s t r u c t i o n s , i s s u -ed from the S e c r e t a r y ' s O f f i c e , Toronto, d e c l a r e d i n p a r t : " On the s u b j e c t of the Hudson's Bay Company or t e r r i t o r y — — you w i l l take steps f o r o f f e r i n g to a f f o r d a l l informat-i o n i n your power r e l a t i n g to the i n t e r e s t or c l a i m s of Canada. You w i l l c o n s i d e r i t a p a r t of your duty to watch over those i n t e r e s t s by c o r r e c t i n g any erroneous impressions, and by b r i n g i n g forward any c l a i m s of a l e g a l or e q u i t a b l e k i n d , which t h i s province may possess on account o f i t s t e r r i t o r i a l p o s i t i o n or past h i s t o r y . His E x c e l l e n c y f e e l s i t p a r t i c u l a r l y necessary t h a t the importance of s e c u r i n g the Uorth-West t e r r i t o r y a g a i n s t the sudden and unauthor-i z e d i n f l u x of immigration from the U n i t e d S t a t e s should be s t r o n g l y pressed . I t i s e s p e c i a l l y important t h a t Her Majesty's Government should guard any renewal of a l i c e n s e of occupation ( should such be determined on), or any r e -c o g n i t i o n of r i g h t s by the company, by such s t i p u l a t i o n s as w i l l cause such l i c e n s e , or such r i g h t s , not to i n t e r f e r e w i t h the f a i r and l e g i t i m a t e occupation of t r a c t s adopted f o r s e t t l e m e n t " . 11. In answer to question 4055: " I n what manner do you conceive t h a t the i n q u i r y before t h i s committee a f f e c t s the i n t e r e s t s of Canada? 12. Draper d e c l a r e d : 10. A. R. Roche, Draper's a s s i s t a n t , i n h i s evidence before the S e l e c t Committee on the Hudson's Bay Company, d e c l a r e d t h a t the suggestion was " echoed throughout the provinee " by the press and by p u b l i c men of a l l degrees".Report, 1857, p. 249. 11. Report, 1857, Appendix, Ho. 13, p. 436. 12. Report, 1857, p. 211. 8 n F i r s t , very m a t e r i a l l y w i t h regard to what I conceive to be the true "boundary o f Canada. I may say, secondly, w i t h regard to the deep i n t e r e s t t h a t the people of Canada have, t h a t t h a t t e r r i t o r y should be maintained as a B r i t i s h p o s s e s s i o n . I may say, t h i r d l y , because the people of Canada l o o k to i t as a country i n t o which they ought to be p e r m i t t e d t o extend t h e i r s e t t l e m e n t s " . 13. Draper maintained t h a t the boundary must be s e t t l e d by the Crown, and the p o r t i o n s which l e g a l l y belonged to the Company,taken from them by a r r a n g i n g f o r compensation. With refe r e n c e to the means of a r r a n g i n g a t such a se t t l e m e n t , he s t a t e d : " I have suggested a r e f e r e n c e to the J u d i c i a l Committee, because I t h i n k i t s o p i n i o n would command the ready acquies-cence of the i n h a b i t a n t s of Canada as to t h e i r l e g a l r i g h t s , and because I b e l i e v e they e n t e r t a i n a very s t r o n g o p i n i o n t h a t a c o n s i d e r a b l e p o r t i o n of the t e r r i t o r y occupied or claimed by the Hudson's Bay Company w i l l be found to l i e w i t h i n the proper l i m i t s of the P r o v i n c e " . 14. I t was f u r t h e r argued, t h a t a n x i e t y f o r the maintenance of B r i t i s h s o v e r e i g n t y throughout the North-West was a primary reason f o r the h o s t i l i t y of many Canadians to the Company and i t s monopoly, which they f e l t was keeping the country i n a c o n d i t i o n t h a t i n c r e a s e d the menace o f the s i t u a t i o n . Canada was not yet ready to take over the a d m i n i s t r a t i o n of the t e r r i t o r i e s , but i t was f e l t t h a t when the p r e l i m i n a r -i e s r e g a r d i n g the settlement of boundaries and c h a r t e r , had been accomplished, i t would not only be p o s s i b l e but best, to a t t a c h the t e r r i t o r y to Canada. Draper expressed the o p i n i o n that Canada would undertake the work of surveys and e s t a b l i s h -i n g communications, on the understanding t h a t the t e r r i t o r y 13. Report, 1857, p. 211. 14. Report, 1857, p. 212. 9 would "be e v e n t u a l l y t r a n s f e r r e d under i t s j u r i s d i c t i o n . He admitted, however, t h a t so lon g as there was no proper means of communication between the province and the Hudson's Bay i n t e r r i t o r y , Canada would not be^a p o s i t i o n t o take over the l a t 16 t e r , and t h e r e f o r e , he suggested, t h a t the i n t e r v e n i n g country 17 be f i r s t s e t t l e d upon, and that i n the meantime an ad i n t e r i m " T 8 p r o v i s i o n be made f o r the government of the North-West. John Ross, a member of the Canadian l e g i s l a t u r e , f o r s e v e r a l years i n the p r o v i n c i a l government, and at the time of the i n q u i r y p r e s i d e n t of the Grand Trunk Railway, was examin-ed by the Committee. He was opposed to a complete withdrawal of Hudson's Bay Company power, which had kept the country a t peace w i t h the I n d i a n s . Ross recommended t h a t as soon as the Canadian government wished to open up any p a r t of the country to s e t t l e m e n t , the Company should be r e q u i r e d to surrender 19 t h a t t e r r i t o r y w i t h i n a s t a t e d time. Canadian i n t e r e s t s r e c e i v e d f a v o r a b l e c o n s i d e r a t i o n i n the Report of the f i n d i n g s of the Committee. I t d e c l a r e d i n p a r t : "?,Your committee c o n s i d e r t h a t i t i s e s s e n t i a l to meet the j u s t and reasonable wishes of Canada, to "be enabled to an-nex to her t e r r i t o r y such p o r t i o n of the l a n d i n her neigh-borhood as may be a v a i l a b l e to her f o r the purposes of s e t t l e ment, w i t h which lands she i s w i l l i n g to open and m a i n t a i n communications, and f o r which she w i l l provide the means of l o c a l a d m i n i s t r a t i o n . Your committee apprehend t h a t the 15. Report 1857, p. 215. 16. Report, 1857, p. 212. n . _ ... 17. Geographic c o n d i t i o n s around Lake Su p e r i o r made t h i s i m p o s s i b l e . 18. Report, 1857, p. 213. 19. Report, 1857, p. 5. 10 d i s t r i c t s on the Red R i v e r and the Saskatchewan are among these l i k e l y to he d e s i r e d f o r e a r l y occupation Your committee t r u s t t h a t there w i l l he no d i f f i c u l t y i n e f f e c t i n g arrangements as "between Her Majesty's Government and the Hudson's Bay Company, "by which these d i s t r i c t s may be ceded to Canada on e q u i t a b l e p r i n c i p l e s , and w i t h i n the d i s t r i c t s thus annexed to her, the a u t h o r i t y of the Hudson's Bay Company would of course e n t i r e l y cease, 9. In case, however, Canada should not be w i l l i n g , at a very e a r l y p e r i o d , to undertake the government of the Red R i v e r D i s t r i c t , i t may "be proper to c o n s i d e r whether some temporary p r o v i s i o n f o r i t s a d m i n i s t r a t i o n , may not be ad-v i s a b l e " , 20. The S e l e c t Committee of the B r i t i s h House of Commons i n 1357, brought the country before the eyes of both the B r i t i s h and the Canadian p u b l i c . Apart from the v a r i o u s Com-mi t t e e s which had been formed to c r y s t a l l i z e o f f i c i a l Can-ad i a n o p i n i o n on the s u b j e c t of the Iforth-West, i n c r e a s i n g e f f o r t s were being made to awaken the p u b l i c to the import-ance of the problem of opening up t h i s vast domain. George Brown who w i l l be p a r t i c u l a r l y remembered f o r h i s p a r t i n the c o a l i t i o n which preceded Confederation, i s an important f a c t o r i n any study of Canadian i n t e r e s t i n the Horth-West. His s c h o o l master's c h a r a c t e r i z a t i o n , " t h i s "young man i s not o n l y endowed w i t h h i g h enthusiasm, but pos-21 "esses the f a c u l t y of c r e a t i n g enthusiasm i n o t h e r s " , was put t o the t e s t i n h i s work i n Canada. Soon a f t e r Brown's a r r i v a l i n t h i s country, he became i n t e r e s t e d i n the question of the west, and from 1347 on, the Toronto Globe p u b l i s h e d a r t i c l e s and e d i t o r i a l s , the g e n e r a l purport of which was to p o i n t out t h a t the western country was of great v a l u e , 20. Report, 1857, pp. I l l , IY. 21. Dr. Gunn of the Southern Academy i n Edinburgh. Quoted by John Lewis, George Brown, The Makers of Canada, 11 and t h a t Canada should c h a l l e n g e the v a l i d i t y of the Hudson's Bay Company's regime t h e r e . Brown r e f e r r e d t o the North-West i n h i s opening speech 22 i n P a r l i a m e n t i n 1851,and the f o l l o w i n g year the Globe pub-l i s h e d an a r t i c l e d e c l a r i n g " I t i s unpardonable t h a t c i v i l i z -" a t i o n should be excluded from h a l f a c o n t i n e n t , on a t best " but a d o u b t f u l r i g h t of ownership, f o r the b e n e f i t of two 23 " hundred and t h i r t y - t w o s h a r e h o l d e r s " . In 1857,William McBougall's paper TM N o r t h American, was merged w i t h the Globe, and IvIcDougall, a s s o c i a t e d w i t h Brown f o r the next three y e a r s , strengthened the Globe 1s campaign by h i s demand i n i t s columns, t h a t Canada a c q u i r e Rupert's Land and the North-West T e r r i t o r y . Alexander M o r r i s who was notable as a preacher of f e d e r a t i o n , was a c t i v e at the time, and e q u a l l y p e r s i s t e n t i n a d v o c a t i n g the a c q u i s i t i o n of the Horth-West. In h i s l e c t u r e s , " Nova B r i t a n n i a " and " The Hudson's Bay and P a c i f i c T e r r i t o r -i e s " , he o u t l i n e d the vast p o s s i b i l i t i e s f o r Canadian westward expansion. These t e r r i t o r i e s were a v a s t h i n t e r l a n d i n which the Hudson's Bay Company's monopoly should be r e p l a c e d by the c o l o n i z i n g e f f o r t s of the Canadian people. M o r r i s ' b e l i e f i n the f u t u r e of the B r i t i s h N o r t h American c o l o n i e s was shown 21. (con't.) Parkman E d i t i o n , v o l . SIX, (Toronto, 1909.},p.I. 22. This speech was r e p o r t e d i n the Globe of March 2", 1857. For an i n t e r e s t i n g d i s c u s s i o n of the newspaper campaign c o n s u l t , i n a d d i t i o n to Lewis, op. c i t . , F. II. Under h i 11, Some Aspects of Upper Canadian R a d i c a l Opinion i n the decade before Confederation, Canadian H i s t o r i c a l Assoc-i a t i o n , Report, 1927. 23. Toronto Globe, 1852. Quoted by, Lewis, op. cit.,pp.213,-214. 12 by the statement: " Who can doubt of the f u t u r e of these B r i t i s h P r o v i n c e s , or of the e n t i r e and p a l p a b l e r e a l i t y of t h a t v i s i o n which r i s e s so g r a n d l y before us of the G-reat B r i t i s h Empire of the N o r t h - o f t h a t new E n g l i s h - s p e a k i n g n a t i o n which w i l l a t one and no d i s t a n t day people a l l t h i s Northern c o n t i n e n t - a R u s s i a , asjhas been w e l l s a i d % i t may be, but yet an E n g l i s h R u s s i a , w i t h f r e e i n s t i t u t i o n s , w i t h h i g h c i v i l i z -a t i o n , and e n t i r e freedom of speech and thought- w i t h i t s face to the south- and i t s back to the p o l e , w i t h i t s r i g h t and l e f t r e s t i n g on the A t l a n t i c and the P a c i f i c , and w i t h t e l e g r a p h and the i r o n road connecting the two oceans!" 24. The B r i t i s h enquiry i n t o the a f f a i r s of the Hudson's Bay Company i n 1857, had e n l i s t e d the a c t i v e i n t e r e s t of the Canadian government i n the problem of the North-West. The t e r m i n a t i o n two years l a t e r of the Company's l i c e n s e to the e x c l u s i v e trade o f the North-West T e r r i t o r y , as d i s t i n c t from Rupert's l a n d , and the c o n f l i c t i n g c l a i m s of Canada and the Company as to the extent of the l a t t e r ' s o r i g i n a l c h a r t e r 25 r i g h t s , served to keep the question before the p r o v i n c i a l government. The Canadian a u t h o r i t i e s had sent out s u r v e y i n g and e x p l o r i n g p a r t i e s , and between 1858-1860, attempted to e s t a b l i s h a m a i l s e r v i c e between Canada and the settlement, but the l a t t e r was abandoned as a f a i l u r e . 24. "The Hudson's Bay and P a c i f i c T e r r i t o r i e s " , a l e c t u r e de-l i v e r e d before the M e r c a n t i l e L i b r a r y A s s o c i a t i o n o f Mon-t r e a l , 1858. Alexander M o r r i s , Nova B r i t a n n i a ; or Our New Canadian Dominion Foreshadowed, (Toronto,1884.),p.89. S i r Edward Watkin was i n t e r e s t e d i n r a i l w a y and t e l e -graph connections between the Red R i v e r and Canada, but h i s work wasfin a d i f f e r e n t connection from Brown and M o r r i s . 25, In England correspondence was c a r r i e d on between S i r Edward Bulnrer l y t t o n and the Company r e l a t i n g to the sub-m i s s i o n of the r i g h t s of the l a t t e r to the J u d i c i a l Com-mittee o f the P r i v y C o u n c i l . t The Governor, however, was opposed to such a c t i o n . ^ 5 . " " S e r i e s TL58, No. 108,pp.293-326. 13 The matter engaged the atten t i o n of B r i t i s h as w e l l as Canadian a u t h o r i t i e s , and i n 1860-1861, a d i l l was contem-plated by the Duke of Newcastle to f a c i l i t a t e the a c q u i s i t -ion from the Company, of lands required f o r settlement. By i t the crown might take from time to time, such portions of the Company's t e r r i t o r y as might be required f o r c o l o n i z a t i o n purposes, for which i t was to be compensated, but the source from which such compensation was to be derived, was not stat-ed. The Canadian government negotiated with the Company d i r e c t l y , and on A p r i l 15, 1862, addressed a l e t t e r to A. G-. Dallas, the resident Governor i n Montreal, I t expressed a desire to come to an agreement, by which a road and telegraph constructed l i n e could be oonnootod through the Company's t e r r i t o r y , i n order to unite Canada with B r i t i s h Columbia, and to open f e r -t i l e portions of the t e r r i t o r y to settlement. In hi s reply, Dallas stated that he f e l t that the p a r t i a l concessions of the d i s t r i c t s which must ne c e s s a r i l y be alienated, would i n e v i t -ably lead to the e x t i n c t i o n of the Company. He declared how-ever, that i n hi s opinion, the Company would be w i l l i n g to meet the wishes of the country at large, by consenting to an equitable arrangement for the surrender of a l l charter r i g h t s . The a g i t a t i o n i n favor of opening up the Hudson's Bay T e r r i t o r y continued i n Canada, and i n September 1862, two members of the Canadian government, Messrs. Howland and Sic o t t e , v i s i t e d England i n the i n t e r e s t s of the question. S i r Edmund Head, formerly Governor i n Chief of Canada, and 14 the Governor of the recently reorganized Hudson's Bay Com-pany, stated that he was of the opinion that a complete pur-chase of the Company's t e r r i t o r y by the Crown would be the best s o l u t i o n of the question. Recognizing the d i f f i c u l t i e s i n the execution of th i s plan, he suggested that t e r r i t o r y f i t f o r settlement, be divided between the Company and the Crown, and that the former construct the desired road and telegraph. Nothing was s e t t l e d , and on February 19, 1864, Lord Monck, Governor-General of Canada i n his speech fromfthe throne on the opening of parliament said: " I have considered i t advisable to open a correspondence with the Imperial Government, with a view to a r r i v e at a precise d e f i n i t i o n of the geographical.-boundaries of Canada i n that d i r e c t i o n . Such a d e f i n i t i o n of boundary i s a desirable preliminary to further proceedings with respect to the vast t r a c t s of land i n that quarter belonging to Canada, but not yet brought under the action of our p o l i t -i c a l and municipal system".26. In the ensuing debate, Honourable William McDOugall, Minis-t e r of Crown Lands, stated that the government had conclud-ed i t was time to determine whether that region belonged to 27 Canada or some other country. His personal view was that Canada was e n t i t l e d to claim a l l that part of the North-West 26. Quoted by, Alexander Begg, History of the North-West, (Toronto,1894.), I, Sol. 27. Looking ahead however, we see that as la t e as September 1868, according to a l e t t e r to Howe, every other member of the government, but himself and T l l l e y was"either i n -d i f f e r e n t or h o s t i l e to the a c q u i s i t i o n of the North-"West Territories'.' M. 0. Hammond, Confederation and I t s Leaders, (Toronto, 1927.), p. 89. I t almost looks as i f i n the statement above, the wish was father ft o the thought. 15 t e r r i t o r y , t h a t c o u l d "be proved to have been i n the possess-28 i o n of the French upon the c e s s i o n of Canada to the B r i t i s h . While the Canadian House was i n s e s s i o n , the matter was being d i s c u s s e d by the l u k a of Newcastle and S i r Edmund Head. The m i n i s t e r d e c l i n e d the suggestions which the govern-or had made the p r e v i o u s autumn, but put f o r t h counter propos-a l s , by which the Company was to surrender i t s t e r r i t o r i a l r i g h t s , and to r e c e i v e compensation f o r lands a l i e n a t e d , and l a n d g r a n t s i n p r o p o r t i o n to the mileage of road and t e l e g r a p h l i n e b u i l t . Honourable George Brown who was i n England r e p r e -s e n t i n g the Canadian m i n i s t r y on the q u e s t i o n , put forward the co n t e n t i o n s of h i s country w i t h r e g a r d to the Charter r i g h t s . to s e l l He d e c l a r e d t h a t the Company was s e e k i n g A f o r an enormous sum, t e r r i t o r y to which i t had no t i t l e , and expressed the o p i n i o n 28. E a r l y French e x p l o r a t i o n , a n t e - d a t i n g the Roy a l Charter of 1670, i s the b a s i s f o r a paper by Lewis Drummond, The French Element i n theCanadian Northwest, H i s t o r i c a l and S c i e n t i f i c S o c i e t y of Manitoba, T r a n s a c t i o n No, 28, SessiorXL886-87. A. S. Morton, Memorandum on N a t u r a l Resources, ( U n i v e r s i t y of Saskatchewan, June 1930.), pp. 153-155, d e c l a r e s that c l a i m s such as those of McDougall were without foundat-i o n . His arguments i n that work as i n the undernoted review, centre around the preamble of the Quebec A c t , 1774, " f o r the western boundary of Quebec running from the M i s s i s s i p p i ' n o r t h w a r d to the southern boundary of the t e r r i t o r y granted to the Merchant Adventurers of England t r a d i n g to Hudson's Bay' d e f i n i t e l y l i m i t e d .Quebec, l e f t a t l e a s t t h a t p a r t of Rupert's Land to the West of the l i n e o u tside Canada and made the claims to the Red R i v e r and to the ' f e r t i l e b e l t ' of the Saskat-chewan r e i t e r a t e d by Canadian governments from 1857 t i l l 1867 without foundation i n law". A. S. Morton, Review, C h a r t e r s , S t a t u t e s , O r d e r s . i n C o u n c i l , e t c . , r e l a t -i n g to the Hudson's Bay Company, ( London, 1931.), Canadian H i s t o r i c a l Review, v o l . X I I I , No. 1. p. 70. 16 t h a t the c l a i m should be t e s t e d . He b e l i e v e d the I m p e r i a l a u t h o r i t i e s should secure the e x t i n c t i o n of the Company's proprietory r i g h t s and e x c l u s i v e p r i v i l e g e s of t r a d e , and th a t then Canada should undertake the d u t i e s of government. For the next few years p u b l i c men i n Canada were concerned w i t h the problems of government w i t h i n t h e i r own borders. V a r i o u s m i n i s t r i e s succeeded each other, but were unable t o secure any permanent s e t t l e m e n t . When a c o a l i t i o n was formed to e f f e c t a working b a s i s , the i n c l u s i o n of Brown and McDougall, ensured t h a t the f u t u r e o f the lorth-West should be taken i n t o f u l l account i n the making of the new c o n s t i t u t i o n . From the scanty notes which remain of the proceedings of the Quebec Conference, i t i s evident t h a t the problem of the IIorth-West r e c e i v e d a t t e n t i o n . The government of Canada had l o n g been n e g o t i a t i n g f o r i t s c e s s i o n , and i n speaking on a r e s o l u t i o n October 11, 1864, Honourable George Brown d e c l a r e d t h a t : " the B r i t i s h Government have o f f e r e d the North-West Country 29 " to Canada a l r e a d y ? and h i s r e s o l u t i o n r e g a r d i n g the govern-ment of the proposed f e d e r a t i o n i n c l u d e d " p r o v i s i o n being " made f o r the admission i n t o the Union on e q u i t a b l e terms 30 " of the North-West Territory'.' I t i s i n t e r e s t i n g to note that Honourable Adams G. A r c h i b a l d of Nova S c o t i a , who was l a t e r 29. A. G. Doughty, ed., Notes on the Quebec Conference, 1864, Canadian H i s t o r i c a l Review, v o l . I , No. I , March 1920, p. 32. 30. I b i d , p. 32. 17 c a l l e d upon to govern the T e r r i t o r y " approved of the g e n e r a l " p r i n c i p l e s of a l l o w i n g the i n c r e a s e of t e r r i t o r y as contemplat-31 " ed i n the r e s o l u t i o n " . On October 12, " a d i s c u s s i o n r e l a t i v e 11 to i n v i t i n g the Western T e r r i t o r y and B r i t i s h Columbia to " u n i t e w i t h the Conference then ensued, and thereupon and " owing t o other circumstances connected w i t h the d e l e g a t i o n 32 " the Canadians adjourned to h o l d an Executive Council.' The " Report of R e s o l u t i o n s adopted? at the Quebec Confer-ence, i n c l u d e d among other c l a u s e s : " 10. The North-West T e r r i t o r y , B r i t i s h Columbia, and Vancouver s h a l l be admitted i n t o the Union on such terms and c o n d i t i o n s as the Parliament of the Federated P r o v i n c e s s h a l l deem e q u i t a b l e , and as s h a l l r e c e i v e the assent of Her Majesty; and i n the case of the Province of B r i t i s h Columbia or Vancouver, as s h a l l be agreed to by the l e g i s l a t u r e of such P r o v i n c e . " 69. The communications w i t h the Northwestern T e r r i t o r y , and the improvements r e q u i r e d f o r the development of the Trade of the Great West w i t h the Seaboard, are regarded by t h i s Conference as s u b j e c t s of the highest importance to the Federated P r o v i n c e s , and s h a l l be prosecuted at the e a r l i e s t p o s s i b l e p e r i o d t h a t the s t a t e of t h e f i n a n c e s w i l l permit".33. These bear evidence of a d e s i r e , on the p a r t o f some at l e a s t , of the Fathers of Confederation, t o see a Dominion s t r e t c h i n g from sea to sea. With the Quebec Conference over, the Canadian government was i n a p o s i t i o n to d e a l w i t h C o l o n i a l S e c r e t a r y Cardwell's request of J u l y I , t h a t i t advise him whether or not Canada would be w i l l i n g to take over the government of any p o r t i o n 31. Doughty, l o c . c i t . , p. 32. 32. I b i d , p. 33. 33. Edward Whalen, The Union of the B r i t i s h P r o v i n c e s , (Garden C i t y , 1927.), pp. 236, 248. 18 of the Hudson's Bay Company's t e r r i t o r y . I f w i l l i n g t o do so, i t was to send a delegate to p a r t i c i p a t e i n n e g o t i a t i o n s to t h a t end. In the s p r i n g of 1865, a d e l e g a t i o n v i s i t e d England and took up the que s t i o n of the Company's t e r r i t o r y w i t h the s e c r e t a r y of s t a t e . The r e p r e s e n t a t i v e s , John A. Macdonald, C a r t i e r , Brown and G a i t , s h o r t l y became convinc-ed t h a t i t was im p o s s i b l e f o r Canada to secure the d e s i r -ed g o a l , without l o n g p r o t r a c t e d , v e x a t i o u s and c o s t l y l i t -i g a t i o n . I n view of the importance o f having the North-West pass to Canada, the delegates concluded: " th a t the q u i c k e s t " s o l u t i o n o f the que s t i o n would be best and proposed " t h a t the whole B r i t i s h t e r r i t o r y east of the Rocky Mountains " and n o r t h of the American and Canadian l i n e s should be made "over t o Canada, subject; 1 to such r i g h t s as the Hudson's Bay " Company might be able to e s t a b l i s h ; and t h a t the compensa-" t i o n to that Company! i f any were found to be due) should 34 " be met by a l o a n guaranteed by. Great B r i t a i n " . The e a r l i e r p l a n f o r annexing s m a l l p o r t i o n s of the t e r r i t o r i e s as needed f o r c o l o n i z a t i o n , had not proven fe a s -i b l e . Geographic c o n d i t i o n s around lake S u p e r i o r presented a b a r r i e r to t r a n s p o r t a t i o n f a c i l i t i e s . F u r t h e r , the popul-a t i o n of lower Canada f e a r e d t h a t such an a d d i t i o n to the area of the r i v a l s e c t i o n of the p r o v i n c e , would l e a d to swamping i n the assembly. 34. J . Ho l l a n d Rose, A. P. Newton, E. A. Benians, gen. ed., The Cambridge H i s t o r y of the B r i t i s h Empire, v o l . 71, Canada and Newfoundland, ( Cambridge, 1930.), 71, 468. 19 No immediate r e s u l t s f o l l o w e d the v i s i t of the d e l e -g a t i o n . The r e p r e s e n t a t i v e s favored t&e postponement i n view of the p r o b a b i l i t y of the province being soon absorbed i n the proposed union . When other o f f e r s were made to the Hudson's Bay Company w i t h r e spect to the North-West T e r r i t o r i e s , the question arose as to how long i t should be kept open f o r Canada. On June EE, 1866, the executive c o u n c i l of Canada expressed the st r o n g c o n v i c t i o n o f the importance of the e a r l y establishment of r e g u l a r government i n the t e r r i t o r i e s i n -tervening, between Canada and B r i t i s h Columbia, and d e c l a r e d they would have opened n e g o t i a t i o n s w i t h the Company/for the e x t i n c t i o n of t h e i r c l a i m s , were i t not f o r the prospect of a speedy c o n f e d e r a t i o n of the pr o v i n c e s The Fathers of Confederation r e a l i z e d the importance of the westward movement, and made p r o v i s i o n f o r such an ex-t e n s i o n i n A r t i c l e X I , s e c t i o n 146, of the B r i t i s h North America A c t : " I t s h a l l be l a w f u l f o r the Queen, by and w i t h the ad-v i c e of Her Majesty's Most Honourable P r i v y C o u n c i l , on Addresses from the Houses of the Parliament of Canada, and from the Houses of the r e s p e c t i v e l e g i s l a t u r e s of the Co l -onies or P r o v i n c e s of Newfoundland, P r i n c e Edward I s l a n d , and B r i t i s h Columbia, t o admit those Colonies or P r o v i n c e s , or any of them, i n t o the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert's l a n d and the North-western T e r r i t o r y , or e i t h e r of them, i n t o the Union, on such terms and c o n d i t i o n s i n each case as are i n the Addresses expressed.and as the Queen t h i n k s f i t to approve, s u b j e c t to the p r o v i s i o n s of t h i s A c t , and the p r o v i s i o n s of any Order i n C o u n c i l i n t h a t b e h a l f s h a l l have e f f e c t as i f they had been enacted by the Parliament of the Un i t e d Kingdom of Great B r i t a i n and I r e l a n d " . 35. 35. 30 V i c t . , chap., 3, s. 146. 20 Onoa Confederation was consummated, no time was l o s t i n making attempts to a c q u i r e the west. Two l i b e r a l s , Howland and MacDougall, accepted o f f i c e i n Macdonald's Government on the p l e a t h a t they should see the whole p l a n through, and l a t e r one ...<££ these, Honourable W i l l i a m MacDougall was sent to the I m p e r i a l government w i t h S i r George E. C a r t i e r to arrange f o r the a c q u i s i t i o n of the west. On December 4, 1867, Honourable W i l l i a m MacDougall, M i n i s t e r of P u b l i c Works, i n t r o d u c e d a s e r i e s of r e s o l u t i o n s i n the Canadian House o f Commons, to the e f f e c t that an Ad-dress to the Crovui ask f o r t h e union of t h e North-West T e r r i t -o r i e s to Canada. He maintained that i t was i n the i n t e r e s t s of both the t e r r i t o r i e s and Canada t h a t such a step be taken, and t h a t any questions r a i s e d by the Hudson's Bay Company, cou l d be s e t t l e d i n Court. In J u l y the B r i t i s h P a r l i a m e n t passed an A c t , t o en-able the crown to accept a surrender of the lands and r i g h t s 36 of the Hudson's Bay Company. During the passage o f t h i s B i l l through the House, the cla u s e was i n s e r t e d t h a t such t r a n s f e r should n e c e s s i t a t e no charge upon the revenues of the U n i t e d Kingdom; t h i s accounts f o r the money payment by-Canada. Changes i n the B r i t i s h government delayed proceed-i n g s , but i n A p r i l 1869, an agreement was reached whereby Rupert's l a n d was to be t r a n s f e r r e d to the Dominion of Canada. 36. References to the proceedings were made i n e d i t o r i a l s and news items of the p e r i o d . E x t r a c t s from the Times are contained i n the f i l e s of the Waddington Papers c o l l e c t e d by Mr. R. 1. R e i d . 21 The Company was to r e t a i n i t s posts and to r e c e i v e a l s o ex-t e n s i v e l a n d g r a n t s , and was t o he a t l i b e r t y to c a r r y on trade without hindrance. Canada was to pay the Company £300,000 and was a l s o to buy a t cost the m a t e r i a l s on hand f o r the c o n s t r u c t i o n of the t e l e g r a p h l i n e . The Canadian p a r l i a -ment promptly accepted the terms agreed upon, and proceeded to arrange f o r taking over the government. By an I m p e r i a l Order i n C o u n c i l of June 24, 1870, Rupert's Land and the l o r t h -West T e r r i t o r y were f o r m a l l y made pa r t of the Dominion of Canada, from and a f t e r J u l y 15 of the same year. By a c t i o n of the P r i v y C o u n c i l of Great B r i t a i n , the powers of the Hudson's Bay Company were wiped out, and the way was c l e a r f o r Canadian e n t e r p r i s e i n the Horth-West T e r r i t o r i e s . By the Charter of 1670, there was granted to the Company power n to make, o r d a i n and c o n s t i t u t e reasonable laws, c o n s t i t u -" t i o n s , orders and ordinances as to them, seem necessary !t to put i n use, and execute a t t h e i r pleasure to r e -37 " voke and a l t e r the same as occasion s h a l l r e q u i r e " . The Company had thus f o r two c e n t u r i e s " remained the most s i n -" g u l a r combination of t r a d e , settlement and government to 38 " be found i n the B r i t i s h Empire". In 1835 S i r George Simpson had secured the appointment Of a " C o u n c i l of A s s i n i b o i a " , c o n s i s t i n g of h i m s e l f as p r e s i d -ent, and f i f t e e n i n f l u e n t i a l members of the Red R i v e r Colony 37. The Charter I n c o r p o r a t i n g the Hudson's Bay Company. Report, 1857, Appendix l o . I I , p. 411. 38. G. II. Wrong, Chester M a r t i n and W. II. Sage, The Story of Canada, (Toronto, 1929.), p. 230. as c o u n c i l l o r s . The f i r s t l e g i s l a t i v e body i n Western Canada was nominated by the Hudson's Bay Company, and was not as r e p r e s e n t a t i v e of the people as an e l e c t i v e body v/ould have been. Such was the background of the s e t t l e r s who be-came r e s t l e s s d u r i n g the p e r i o d o f u n c e r t a i n i t y i n the west, and r e f u s e d t o be swept i n t o a u n i o n without t h e i r consent. I t i s n o t i c e a b l e i n a study of the steps l e a d i n g to the t r a n s f e r , t h a t the people of the west had not been con-s u l t e d , and apart from the r e b e l l i o u s a c t i o n s of a p o r t i o n of the i n h a b i t a n t s , ample evidence r e m l i n s to show t h e i r f e e l -i n g s i n the s u b j e c t . C o l o n e l Dennis, c h i e f of the s t a f f of s u r v e y o r s , and Governor MacDougall's deputy i n the new t e r -r i t o r y , went about amongst the white s e t t l e r s and enquired as to the p o s s i b i l i t y of r a i s i n g a f o r c e to e s c o r t i n the new governor. He gave as a f a i r p r e s e n t a t i o n of the views of the E n g l i s h speaking s e t t l e r s : " We f e e l confidence i n the f u t u r e a d m i n i s t r a t i o n of the government of t h i s c ountry under Canadian r u l e ; at the same time we havefnot been c o n s u l t e d i n any way as a people on e n t e r i n g i n t o the Dominion. The c h a r a c t e r of the new govern ment has been s e t t l e d i n Canada without our being c o n s u l t e d " " When you present to us the i s s u e of a c o n f l i c t w i t h the French p a r t y we t h i n k the Dominion should assume the r e s p o n s i b i l i t y of e s t a b l i s h i n g amongst us what it"a"nd i t alone has decided upon'.' 3 9 . A l l c l a s s e s h e l d t h a t they had r e c e i v e d u n f a i r treatment i n the n e g o t i a t i o n s f o r the t r a n s f e r , and t h a t , i n not having been c o n s u l t e d , they had been s o l d as mere c h a t t e l s . Instead of a s k i n g the s e t t l e r s how they wished to be governed, the 39. MacBeth, op. c i t . , p. 119. 23 Canadian a u t h o r i t i e s made t h e i r own p l a n s , and gave them no i n k l i n g of i t . The people were w i l l i n g t o aooept the author-i t y of Canada, but were d e s i r o u s of s e c u r i n g knowledge of c o n d i t i o n s from an o f f i c i a l source, and t h i s important f e a t u r e 40 of a d m i n i s t r a t i o n was overlooked. Another aspect of the t r a n s f e r of the North- West T e r r i t o r i e s to Canada, and one which was v i t a l i n the dis<~ c u s s i o n of the n a t u r a l resources q u e s t i o n , centered around the i n t e r p r e t a t i o n p l a c e d upon the payment of £300,000 to the Company. Did Canada purchase the West? Such a c o n s t r u c t -i o n wasfplaced upon i t i n the l a t e r s t r u g g l e , and even c l o s e students of Canadian h i s t o r y use the term " purchase". A. I . B u r t y f o r example r e f e r s to the "buying" of the t e r -41 r i t o r y from t h e Hudson's Bay Company, and 1. J . Burpee, speaks of"the p e r i o d from 1834 to the sale of Rupert's Land to Canada 42 i n 1869". However, a c l o s e study of the steps l e a d i n g to the t r a n s f e r , show t h a t such a term i s not a p p l i c a b l e . The pay-ment came d u r i n g the stage i n which the r i g h t s of the Com-pany were being r e t u r n e d to the crown. Once the way was thus c l e a r e d , the l a n d was t r a n s f e r r e d from the crown to Canada. The Canadian delegates, C a r t i e r and LlacDougall regarded the payment as a s p e c i e s of settlement out of c o u r t — t h e "cost of l e g a l proceedings necessary, i f any be necessary, 40. Howe v i s i t e d the T e r r i t o r i e s , but any i n t i m a t i o n s which he may have g i v e n as to the p o l i c y to be pursued by Canada, are so vague t h a t w r i t e r s m a i n t a i n t h a t he aggra-vated c o n d i t i o n s . 41. A. L. B u r t , The Romance of the P r a i r i e P r o v i n c e s , (Toronto, 1931.}, p. 167. 42. Rose, Newton and Benians, ed., op. c i t , , 71, 418. £4 to r e c o v e r p o s s e s s i o n Compromises of t h i s k i n d are not unknown i n p r i v a t e l i f e , and the motives and c a l c u l a t i o n s which govern them may be a p p l i c a b l e to the present case".43. The a c q u i s i t i o n of the North-West T e r r i t o r i e s was at at once a m a n i f e s t a t i o n of the presence of, and a spur t o , the growth of a Canadian n a t i o n a l i t y . The achievement o f Canadian Confederation, marked the be g i n n i n g of a p e r i o d when the hit h e r -to d i s t i n c t B r i t i s h American p r o v i n c e s u n i t e d f o r t he f u r t h e r -ance o f t h e i r common problems. Such was the p r a c t i c a l aspect of the question. Those who saw beyond the immediate needs of the member p r o v i n c e s , looked forward to a day when i t would no lon g e r be customary to speak of " B r i t i s h Canadian", "French Canadian", o r, " Nova S c o t i a n " , but when one would be a Can-ad i a n f i r s t and a p r o v i n c i a l second. In the l a r g e r arena men had t h e i r o utlooks widened, and saw f a r t h e r than when they were separated i n a numberof s m a l l e r c o l o n i e s , A new day dawned f o r the west when the Dominion of Canada came i n t o being, and as we have seen, the steps which had been taken f o r t he a c q u i s i t i o n of the west were q u i c k l y drawn to a cl i m a x . The Hudson's Bay Company agreed to give up i t s r i g h t s under the Charter i n r e t u r n f o r compensation, and one of::the f i r s t r e s u l t s of the f e d e r a t i o n of Canada, was the a d d i t i o n a f the North-West to the new Dominion. The speedy a c q u i s i t i o n by the Dominion of the t e r r i t o r i e s as a great n a t i o n a l p u b l i c domain, not only p r o v i d e d a s o l u t i o n f o r the problem of government t h e r e , but was an event of t r e -43. Report of Delegates appointed to n e g o t i a t e f o r t he A c q u i s i t i o n of Rupert's Land and the North-;/est T e r r i t o r y , ( Ottawa, 1869.). 25 tremendous advantage to the young f e d e r a t i o n . The s h o u l d e r i n g of the gre a t r e s p o n s i b i l i t y f o r opening up and de v e l o p i n g the r e g i o n , was i n e v i t a b l y a spur to the growth of a r e a l n a t i o n a l consciousness, and l a t e r the e x p l o i t a t i o n and b u i l d i n g up of the p r a i r i e s f u r n i s h e d a b a s i s f o r p a t r i o t i c p r i d e common to a l l the o l d e r communities i n the Dominion. In the preface to Dr. R. G-. MttBeth's work on the S e l k i r k S e t t l e r s , the l a t e l o r d Strathcona s t a t e s : " I t i s my o p i n i o n t h a t the aequisitionjand development o f the Hudson's Bay T e r r i t o r y was im p o s s i b l e p r i o r to the co n f e d e r a t i o n of the Dominion. Ho l e s s a body than u n i t e d Canada co u l d have a c q u i r e d and adm i n i s t e r e d so l a r g e a domain, or have undertaken the c o n s t r u c t i o n of r a i l w a y s , without which i t s development c o u l d o n l y have been slow and un-c e r t a i n " . 44. Lf,Lf. K G - / V c B e t K ^ TAe. S e l k i r k S t t t / e r s Ke^l L.j-e, > ( 7 S r o « t o , IffT-), f r t j ^ c t . 26 CHAPTER II. GOVERNMENT FROM MANITOBA, 1870-1876. Confederation i s a landmark i n the progress of Canada towards nationhood. Before this time the provinces which were to form the new Dominion, had achieved responsible government, not only i n the limited form which Lord Durham had suggested, but b i t by b i t had secured control of their public lands and the regulation of t a r i f f s . The former was 1 a matter of expediency and came without any struggle, being so casual that i t has received pract i c a l l y no comment from 2 historians of the period. The l a t t e r , however, marked! the 1. Instructions to Poulett Thomson, September 7, 1839; " The only topic which i t remains to notice as affect-ing the two Canadian provinces alike, i s that of raising an emigration fund from the proceeds of the sales of the Grown lands. Unfortunately,—such is the extent of land alienated, and so inconsiderable the proportion which s t i l l remains vested in the Crown, that the hope of rendering any effectual aid to emigration by the sale of such lands, cannot at present be reasonably entertained* The necessary preliminary to the introduction of any such system, would be the resumption of the large tracts of land held by the grantees in a barren and unprofitable state. This could be effected only by the imposition of a tax on uncleared land, and by enactments for the col-lection of that tax, to insure the due execution of the law1*. Russell to Thomson, September 7, 1839, H. E. Egerton and W. L. Grant, Canadian Constitutional Development, ( London, 1907.), p. 259. E. Abput the only references to the subject are to be found i n : Chester Martin, The Naticnal Resources Question, (Winnipeg, 1920. ), 27 beginning of a policy of f i s c a l independence which was t o progress u n t i l Canada achieved the right to make her own trade treaties* The new Dominion was equally energetic in respect to t e r r i t o r i a l aggrandizement, and, as has been seen, lost no time in extending her authority over the vast area which lay to the west of the Great Lakes. fhe B r i t i s h Horth America Act of 1867, had made provision for the admission of Rupert's Land and the Horth-iiest Territories into the union, and on July 15, 1870, as a result of negotiations carried on over a period of years, the powers of the Hudson's Bay Company as governors and administrators of this d i s t r i c t were to cease. Before discussing the measures which Canada\took to deal with this vast public domain, i t would be interesting to look at the policy pursued by the United States in a similar ease. That the w Fathers of Confederation"were stud-ents of American federalism, and t h a t they profited by the experience of their southern neighbour* is well known. As the the subject of the government of ACanadian prairies is devel-oped, many i n t e r e s t i n g comparisons and contrasts w i l l become evident. 2. (eon't.) Joseph 1. Howe, s&iit Rents in Hew Brunswick, Canadian Historiaal Association, Report, 1928. James Hannay, Wilmot and T i l l e y , The Makers of Canada, vol. XVII, Parkman Edition, (Toronto,1909.), passim, pp. 6-48. A. B. Keith, Responsible Government in the Dominions, 3 vols., ( Oxford, 1912.J, II, pp.1047, 1051. B8 One of the earliest influences which the presence of the west had upon the American constitution, was the imperial nature which i t imparted the federal government. Among the causes of contention "between the colonies and Great Britain, had "been the f a i l u r e of the l a t t e r to recog-nize the growing maturity of the former, and the fact that economic poliey was formulated mainly in the interests of the mother country. when the new nation was faced with the problem'.of government for the western territory ceded by the (Treaty of Paris, she determined that no such discrimin-ation should exist. In fact, so earegul were the formul-ators of poliey to omit even the slightest reference to i n -f e r i o r i t y , that the word "colony" was never mentioned. Historians have differed as to the interpretation which they place upon this aspect of federal a c t i v i t y . Farrand quotes Senator Diekerson of Hew Jersey who declared '6 that his country had no colonial policy. However, the writer 4 maintained , r that is just what America has always had". To substantiate his belief Farrand states, * It is over one hundred and forty years since the Ordinance of 1787 was adop-ted, during which period more than thirty t e r r i t o r i e s of the United States have been organized, and there has never been a time when one or more terri t o r i e s were not under Congress-ional supervision, so that the process of legis l a t i v e control has been continuous". H* A. Smith, a Canadian writer on 3. Max Farrand, The Fathers of the Constitution, ( Hew Haven, 1921.), p. 78. 4. Ibid, p. 78. 5. Ibid, p. 77. 29 the subject says, r e l a t i v e to the e a r l y c o n t i n e n t a l expan-s i o n of the U n i t e d S t a t e s ; "these were problems not of em-p i r e but of c o n s t i t u t i o n a l development w i t h i n the l i m i t s 6 of the n a t i o n " . C. P. P a t t e r s o n , one o f the more recent 7 w r i t e r s on the s u b j e c t , r e f e r s to"the c o l o n i z i n g game", which the American,; i n company w i t h other peoples, was d e s t i n e d to p l a y . Her c o n t r i b u t i o n was not t h a t she r e f r a i n e d from enter-i n g the race f o r p o s s e s s i o n s , but t h a t when, through the ac-t i v i t i e s of her people, new areas were opened up, they passed so r a p i d l y from a p e r i o d of i n f e r i o r i t y to e q u a l i t y of s t a t u s . This i s important. Canadians f o l l o w e d much the same path, w i t h both B r i t i s h and American precedents to guide them. The American p o l i c y p r o v i d e d a r a d i c a l departure i n c o l o n i a l a d m i n i s t r a t i o n , f o r by v i r t u e of the system embod-i e d i n the Ordinance of 1$B$, areas opened up as a r e s u l t of the westward t r e n d of p o p u l a t i o n , were able to pass, by i n -termediate stages, from a c o n d i t i o n of government by governor and judges appointed by the p r e s i d e n t , to f u l l s t a t e s r i g h t s . As a r e s u l t of the presence of the west a m o d i f i c a t i o n was made i n the workings of the w r i t t e n c o n s t i t u t i o n . For example, the document i t s e l f made no p r o v i s i o n f o r the pur-chasing of t e r r i t o r y , and the buying of L o u i s i a n a s t r u c k a blow a t the s t r i c t c o n s t r u c t i o n i s t theory. On the question of whether or not the f e d e r a l government had the power to buy t h a t domain, the Supreme Court d e c l a r e d : "The C o n s t i t u t i o n 6. H.A. Smith, F e d e r i a l i s m i n Horth America,(Boston,1923.), p. 195. 7. C. P. P a t t e r s o n , American Government,(Boston, 1929.), p. 466. 30 confers absolutely on the Government of the Union the powers of making war and of making treaties; consequently the Govern-ment possesses the power of acquiring t e r r i t o r y either by 8 conquest or by treaty". The work of the Ordinance of 1787, was i n a certain sense supplementary to that of framing the Constitution, for by i t a t e r r i t o r i a l government was set up with governor, courts, magistrates and m i l i t i a . No* much was said i n the Convention of 1787 regarding the best methods of extending government over the unsettled ter r i t o r i e s lying beyond the Alleghany Mountains. It was however, assumed that they would develop as the older colonies had done, and i n point of fact each d i s t r i c t , when i t became sufficiently populous was form-ed into a self-governing state, the less populous divisions s t i l l remaining i n the status of semi-self-governing t e r r i t -9 ories. At f i r s t , l o c a l legislative power was vested i n the 8. Quoted by C. A. Beard and William Beard, The American Leviathan, (New York, 19304; p. 681. This i s one of the many instances upon which the Supreme Coiirt came to the assistance of the federal government^ i n respeet to t e r r i t o r i a l administration. A similar r 6 l e was played by the Minister of Justice i n respeet to the Canadian North-West Territories, especially during the incumbency of the HonourableXS. D. Thompson, at a period when the aspirations of the Assembly were blocked by federal enactment. 9. Nevertheless, this does not conflict with the idea of a "colonial policy" of the United States. The new nation merely applied the principles which Great Britain had fa i l e d to recognize, that i s , the ultimate equality of younger settlements. 31 governor and judges, and lat e r was exercised by an elective legislature. The executive consits of a governor appointed for four years by the president with the consent of the senate and removable by the former, together with a secretary, treasurer, auditor, and usually a superintendent of public 10 instruction and a lib r a r i a n . The governor who commands the m i l i t i a , and has a veto upon the acts of the legislature, i s responsible to the federal government, and reports yearly to the president on the condition of the territory. The legis-lature i s composed of two houses; a council of twelve persons, and a house ot representatives of twenty-four members. The sphere of legislation allowed to the legislature i s wide:.% but subject to certain federal restrictions. "The legislative power of every Territory^hall extend to a l l right-f u l subjects of legislation and laws of the United States. But no law shall be passed interfering with the primary dispos-a l of the s o i l ; no tax shall be imposed on the property of the United States, nor shall the lands or other propertyjof non-residents be taxed higher than the lands or other property 11 of residents". " The legislative assemblies of the 10. The distinction between state and t e r r i t o r i a l powers i n respect to education i s made clear by this provis-ion. A comparison may be found i n the Canadian f i e l d , where a memorial was passed i n 1889 to the federal government for a land grant for a university, nation-a l control of the public domain rendering this neces-sary. Manational clauses of the autonomy b i l l s are another instance of domaikonlegislation over local a f f a i r s . 11. Revised Statutes of the United States of 1878, #1851. Quoted by, James Bryce, The American Commonwealth, 2 vols., (London, 1889.), I , 554, n. I . 32 s e v e r a l t e r r i t o r i e s s h a l l not grant p r i v a t e c h a r t e r s or e s p e c i a l p r i v i l e g e s , but they may, by g e n e r a l i n c o r p o r a t i o n 12 a c t s , permit persons to a s s o c i a t e themselves together" f o r 13 v a r i o u s i n d u s t r i a l and benevolent purposes s p e c i f i e d " I t i s s u b j e c t a l s o to the more important r i g h t of congress 14 to annul or modify by i t s own s t a t u t e s any t e r r i t o r i a l a c t . Congress may e x e r c i s e without s t i n t f i t s power t o o v e r r i d e the s t a t u t e s passed by a t e r r i t o r i a l l e g i s l a t u r e , but t h i s 15 power i s not l a r g e l y or o f t e n e x e r c i s e d . The law a d m i n i s t e r e d by the j u d i c i a r y , which c o n s i s t s of judges of a supreme co u r t appointed by the p r e s i d e n t , i s p a r t l y f e d e r a l , a l l f e d e r a l s t a t u t e s being construed to take e f f e c t , where p r o p e r l y a p p l i c a b l e , i n the t e r r i t o r i e s , p a r t l y 16 l o c a l , c r e a t e d i n each t e r r i t o r y by i t s own s t a t u t e s . The 11. (con't.) The American precedent i n r e s p e c t to the con-t r o l of the p u b l i c domain, must be kept i n mind when s t u d y i n g th© foundations of the n a t u r a l resources q u e s t i o n i n Canada. A. S. Morton, op. c i t . , passim, has shown th a t c o n t r o l of the n a t u r a l r e s o u r c e s , by the common law of the B r i t i s h Empire, belongs to the colony i t s e l f . 12. Revised S t a t u t e s of the U n i t e d S t a t e s of 1878, #1889. Quoted by, Brjcce, op. c i t . , 1,554. 13. Bryee, op. c i t . , I , 554. The powers of the assembly of the North-West T e r r i t o r -i e s were even more c i r c u m s c r i b e d . I t was not u n t i l in(, , a f t e r repeated memorials, t h a t i t was g i v e n power to i n c o r p o r a t e companies w i t h t e r r i t o r i a l o b j e c t s . 14. This was one of the c h i e f grievances of the assembly of the North-West T e r r i t o r i e s . 15. In Canada, ordinances a f t e r r e c e i v i n g the assent of the l i e u t e n a n t - g o v e r n o r of the North-West T e r r i t o r i e s — he had no power of disallowance but might reserve a b i l l — were subject to disallowance by the governor-g e n e r a l - i n - c o u n c i l upon the advice of the m i n i s t e r of j u s t i c e . Such a c t i o n was taken i n respect to b i l l s u l t r a v i r e s of the t e r r i t o r i a l assembly. 16. The j u d i c a l system of the Canadian North -West T e r r i t -o r i e s c o n s i s t e d i n 1875 of not more than three 33 expenses^of t e r r i t o r i a l governments are born by the federal treasury. The te r r i t o r i e s send neither senators nor repre-sentatives to congress, nor do they take part i n presidential elections. The house of representatives, under a statute, admits a delegate from each of them to s i t and speak but not vote, because the right of voting i n congress depends on the 18 federal constitution. When the population of a territory becomes equal to that of an average concessional d i s t r i c t , claim to be admit-ted as a state i s strong, and i n the absence of specific obr Sections w i l l be granted. Congress has absolute discretion 19 i n the matter. When congress ^resolves to turn a territory into a state, i t usually passes an enabling act, under which the inhabitants elect a constitutional convention, This body frames a draft constitution, and when such has been sub-mitted to and accepted by the voters of the territory, the act of congress takes effect. The territory i s transformed 16. (con't.) stipendiary magistrates. ItM A S modified by successive stages u n t i l 1886 a supreme court was establish-ed by dominion legislation. The law which they adminis-tered was the B r i t i s h , revised by imperial or federal acts applicable to the ter r i t o r i e s by ordinance of the lieutenant-governor i n council. 17. Here again the Canadian p a r a l l e l i s evident, funds r a i s -ed by l o c a l ordinance being practically a l l turned over to municipalities. 18. Ho such arrangement existed i n Canada. In 1886 the Br i t i s h Horth America Act was formally amended, i n order to provide for the representation of the North-West Territories i n the senate and house of commons. 19. Utah i s a case i n point. The two national parties on the p o l i t i c a l platform and in congress, attacked and opposed Mormon institutions of polygamy. Statehood, therefore, was not granted u n t i l January 4, 1896, ow-ing to the apparent h o s t i l i t y of the Mormon authorities 34 into a state, and proceeds to send i t s senators and represen-20 tatives to congress i n the usual way. The enabling act may prescribe conditions to be f u l f i l l e d by the state constitution, but cannot legally narrow the right which citizens of the new-ly formed state w i l l enjoy of subsequently modifying that i n -strument in any way not inconsistent with the provisions of the federal constitution. Unlike the American, B r i t i s h colonial policy has re-ceived marked attention. The effect which the removal from the old land had upon the ideas of the people has been traced, but as Professor Burt rather pointedly puts i t , the transfor-mation of character was " wrought by crossing the land and 21 not the sea". He continues to say, " our society has thus grown by continually returning to primitive conditions on the 2E margin of settlement". Burt i s referring particularly to the social effects of the frontier, but the same i s true of the governmental. In the Horth-West Territories, there was an evolution from government by an appointed council, to a mod-i f i e d provincial status, within a single generation) In this short period p o l i t i c a l evolution such as elsewhere had exten-19. (con't.) to non-Mormon settlers and to repeated clashes between the Mormon Church and the United States govern-ment regarding the extent of control of polygamous prac-tices, ete. 20. cf. Canadian policy where creation into provinces came as a result of repeated memorials to the federal govern-ment, and correspondence between the parties concerned, as f i n a l l y drawn up, the constitution was supposed to be based on t e r r i t o r i a l suggestions. However, failure to do this resulted i n one of the chief causes of dominion-provincial f r i c t i o n 1905-1930; the struggle for control of natural resources. 21. A. 1. Burt, Our Dynamic Society, Minnesota History, Q O vol. 13, Ho. I., March 1932. 82. Ibid, p>- 5, 35 ed through generations, was reproduced with amazing rapidity. Professor Martin 1s summary brings out the point of comparison between the colonial policy of Great Britain, and what he c a l l s the " colonial policy" of the Dominion: "The •» stages through which these t e r r i t o r i e s passed from primitive " colonial status under Governor and Council i n 1870 to res-". ponsible government i n 1897 and provincial status i n 1905, ff afford a very remarkable p a r a l l e l to the various colonial " stages of the original provinces of the Dominion. In that " comparison i t w i l l be found that the Canadian t e r r i t o r i e s " have enjoyed many advantages; not always, i t i s to be fear-" ©d, attributable to the " colonial policy" of the Dominion. " In both cases there was a preliminary con'ciliar stage; " i n one case from the Proclamation of October, 1768, to the " Quebec Act of 1774, i n the other from the transfer of 1870 " to the Horth-West Territories Act of 1875. In both cases " there was a stable and statutory period under Governor and " Council: In the one ease from the Quebec Act to the Consti-" tutional Act of 1791, i n the other from the Territories " Aot to i t s eonsumation i n an Assembly i n 1888. In both cas-" es the contest for responsible government followed inevit-" ably with inexorable though i n some respects very dissim-" i l a r results: i n the one case the Aot of Union and the ad-" ministration of lord Elgin, i n the other the contest for " f i s c a l control and the Act of 1897. In both cases a per-" iod of strenuous p o l i t i c s supervenes before provincial i 36 23 " organization i n the Dominion". With American and B r i t i s h policies reviewed, i t w i l l now be possible to trace the various stages of the development of a Canadian system and to compareand contrast i t with that used by other countries. Canada had been eager to acquire the west. There were many reasons why i t should not remain subject to the Hudson's Bay Company, not the least of which was Canadian ambition. Acquisition brought the need for government, and on June 22, 1869, " An Act for the Temporary Government of Rupert's land and the Horth-Western Territory 24 when united with Canada", was passed as a preliminary step i n taking over the d i s t r i c t s from the local authorities. By i t the name " Horth-fest Territories" was given to the entire country, and provision was made for the appointment of a lieutenant-governor who was empowered to legislate subject to federal r a t i f i c a t i o n . He was to be guided by instructions issued from time to time under order-in-council, and was to be assisted in administration by a council. The d i f f i c u l t i e s which followed the passing of the Act and the appointment of William McDougall as lieutenant- governor under i t s terms, do not concern this study, but i t s bearing upon later legis-lation dealing with the Horth-lest Territories, warrants quotation at considerable length. 23. Chester Martin, The Colonial Policy of the Dominion, T. R. S. C , 1922, Section II,pp.35-36. 24. 32 -33 Vict., cap. 3. S t a t u t e s , 1869,pp.19-20. 3? Appointment) 2. It shall he lawful for the Governor, and func - ) hy any Order or Orders, to he by him from tions of jf time to time made, with the advise of the lieutenant-) Privy Council, ( and subject to such condit-Governor. ) ions and restrictions as to him shall seem meet) to authorize-and empower such Officer as he may from time to time appoint as lieutenant- Governor of the lorth-West Territ-ories, to make provision for the administration of Justice therein, and generally to make, ordain, and establish a l l such Laws, Institu-tions and Ordinances as may be necessary for the Peace, Order and good Government of Her Majesty's suhjects and others therein; Provid-ed that a l l such Orders i n Council, and a l l Laws and Ordinances, so to be made as afore-said, shall be l a i d before both Houses of Parliament as soon as conveniently may be after the making and enactment thereof respectively. Instructions) 3. The Lieutenant-Governor shall administer to Lieutenant) the Government under instructions from time Governor. ) to time given him by Order i n Council. Power to \ him to make, laws. Proviso. ) Appointment ) of Council j to Lieuten- ) ant Governor) Existing laws to re-main i n force. 4. The Governor may, with the advice of the Privy Council, constitute and appoint, by Warrant under his Sign Manual, a Council of not exceeding f i f t e e n nor less than seven persons, to aid the Lieutenant-Governor i n the administration of a f f a i r s , with such pow-ers as may be from time to time conferred upon them by Order i n Council. 5. A l l the Laws i n force i n Rupert's Land and the Horth-Western Territories, at the time of their admission into the Union,shall so far as they are consistent with " The Br i t i s h l o r t h America Set, 1867,"- with the terms and conditions of such admission ap-proved of by the Ojieen under the 146 sect-ion thereof, - and with this Act, - remain i n force u n t i l altered by the Parliament of Canada, or by the Lieutenant-Governor under the authority of this Act. 25. The following year S i r John A.Macdonald introduced into the Canadian House of Commons a b i l l creating the province of Manitoba. By this Act, which received assent May 12, 1870, " there sha l l be formed out of the same — 25- 32-33 V i c t . , cap. 3. S t a t u t e s , 1869, pp. 19-20. 3 8 Rupert's lands and North-West Territories — a Province, wMeh shall he one of the Provinces of the Dominion of Canada 26 and which shall he called the Province of Manitoba". As i n a l l the other provinces of the Dominion, f u l l responsible government was set up, and the f i r s t addition to the original 27 Confederation had been made. In this sense the Reil Rebell-ion had been successful for Manitoba entered as a province, although she had been created by the new federal government. A new province had been created, but while given responsible government, the f i r s t addition modified the original nature of the federal constitution. Public lands, the revenue from which, " colonists of the Anglo- Saxon race 28 look upon as legitimately belonging to the community", were vested i n the Dominion. The reason given for this pro-vision was that the settlers were opposed to immigration, and i t was feared that the provincial government might ob-struct the building of the transcontinental. Further, east-ern electors had been promised that the railway would not be a charge upon the treasury. Reimbursement for the expenses of the transfer was also to be paid by the income from the public lands. However, there was<ifeeling older i n the minds of Canadian legislators. When the transfer of the west was 26. 33 Vict., cap. 3, 8. I, Statutes, 1870, p. 20. 27. Reference to the effect which this had upon the nature of the union w i l l be made later. 28. Chicester Fortescue for Duke of Hewcastle, March 11, 1864. Referred to i n report of the Canadian committee, June 22, 1866. Sessional Papers, 1867-8, vol. I,Ho.19. 39 f i r s t discussed:, the idea had been to annex i t , as settle-ments were opened u£. Under this system, the public domain would have been added to that of Canada. Geographic factors hindered such a union, and the plan had to be dropped as a result of the fear of Lower Canada that i t would be swamped in the union. This older idea was never dropped, and i s manifested i n the phrase that the lands of the west should be " administered by the Government of Canada for the purposes 2 9 of the Dominion". Thus the Canadian as opposed to the B r i t i s h interpretation appeared i n the statutes. " The phrase " acquisition of Rupert's Land" i s not found i n the Imperial documents, only the Canadian. It represents the Canadian 30., point of view. The f i r s t new province w a s i i an anomaly, and u n t i l 1 9 0 5 , when i t was joined by Saskatchewan and Alberta, 3 1 was an " odd" member of the federation. Provision was made by the Manitoba Act, for the re-maining parts of the western territory i n clause 3 5 : Lieut.- ) " 3 5 . And with respeet to such portion of Governor ) Rupert's Land and the North-Western Territory, to govern ) as i s not included i n the Province of Manitoba, I . W. Terr-) i t i s hereby enacted, that the Lieutenant-itory for ) Governor of the said Province sha l l be appoint-Canada. ) ed, by Commission under the Great Seal of Canada, to be the Lieutenant-Governor of the same, under the name of the of the North-West Territories, and subject to the provisions of the Act i n the next seetion mentioned. 2 9 . 3 3 Yict., cap. 3 , s. 3 0 , Statutes, 1 8 7 0 , p. 2 6 . 3 0 . Morton, op. c i t . , p. 1 9 , n. 3 1 . The natural resources question i s a f i e l d i n i t s e l f , which has been but slightly explored. The two most valuable contributions on the subject are : Chester Martin, The Natural Resources QuestionWinnipeg, 1 9 2 0 . ) . A. S. Morton, Memorandum ©n Natural Resources, ( University of Saskatchewan, June 1 9 3 0 . ) . 4 0 Act S3 and) 36. Except as hereinbefore i s enacted and 33 7., c. ) provided, the Act of the Parliament of Canada, extended ) passed i n the now last Session thereof, and and contin-) entitled, " An Act for the Temporary Govern-ed. ) ment of Rupert"s Land, and the North -Western Territory when united with Canada", i s here-by reenaeted, extended and continued i n force u n t i l the f i r s t day of January, 1871, and u n t i l the end of the Session of Parliament then next succeeding". 32. Nothing definite had been said i n the original B r i t i s h North America Act regarding the power of the federal government to create new provinces. The extension of the Dominion of Canada from sea to sea i s one i l l u s t r a t i o n of the B r i t i s h practice of taking necessary steps and then regulavf-z-ing the action later. The Act of 1867, had made provision for the admission of the provinces existing at the time, and upon the authority given i n section 146, B r i t i s h Columbia entered the Dominion i n 1871, and Prince Edward Island two years later. No provision had been made for the admission of other t e r r i t o r i e s , but when the need arose acts were pass-ed and later regularized by the amendment of 1871. The sections of the B r i t i s h North America Act of 1871 which had as a t i t l e , " An Act respecting the establishment 33 of Provinces i n the Dominion of Canada", show i t s relation to the legal problem created by the transfer of the North-west Territories to Canada. The preamble states: Preamble ) " Whereas doubts have been entertained re-specting the powers of the Parliament of Canada to establish Provinces i n Territor-ies admitted, or whioh may hereafter be 32. 33 Vint., cap. 3, p. 27. 33. 34 and 35 Vict., chap. 28, Acts of the Parliament of the "United Kingdom of Great Britain & Ireland. Reprinted i n Statutes, 1872, pp. LII-LIII. 41 admitted, into the Dominion of Canada, and to provide for the representation of such Provinces i n the said Parliament, and i t i s expedient to remove such doubts, and to vest such powers i n the said Parliament: Be i t enacted Parliament ) 2. fhe Parliament of Canada may from time of Canada ) to time establish new Provinces i n any ter-may establish} r i t o r i s s forming for the time being part of new Provine- ) the Dominion of Canada, but not included i n es and provide)any Province thereof, and may, at the time for the cons-) of such establishment, make provision for titu t i o n , } the constitution and administration of any &c, thereof.) such province, and for the passing of laws for the peace, order, and good government of such Province; and for i t s representation i n the said Parliament. Parliament ) 4. fhe Parliament of Canada may from time of Canada ) to time make provision for the administrat-may legislate) ion, peace, order, and good government of for any ter- ) any ter r i t o r y not for the time being i n -r i t o r y not ) eluded i n any Province, included i n a) Province. ) 5. fhe following Acts passed by the said Confirmation ) Parliament of Canada, and entitled respect-of Acts of ) ively, - " An Act for the temporary govern-Parliament ) » ment of Rupert 1s land and the North West-of Canada, ) " ern Territory when united with Canada"; 32 & 33 Viet.) and " An Act to amend and continue the Act (Canadian) ) " thirty-two and thirty- three Victoria, cap. 3, 33 ) "chapter three and to establish and provide Vict.,(Canad-) "for the government of " the Province of ian) cap. 3. ) "Manitoba", shall be deemed to be va l i d and effectual for a l l purposes whatsoever from the date at which they respectively received the assent, i n the Queen*s name, of the Governor-General of the said Dominion of Canada". 34. Manitoba was thus declared to have entered Confeder-ation i n a constitutional manner, and acting upon the author-i t y given a t this time, the provinces of Saskatchewan and Alberta joined i n 1905. Because of the latter,the Act of 1871 has a particular place i n the history of the Prairie 34. 34 and 35 Vict., chap. 28, Acts of the Parliament of the United Kingdom of Great Britain & Ireland. Reprinted i n Statutes, 1872, pp. HI-1III. 42 Provinces, but i t has a Dreader significance. By the pow-ers conferred: through amendment to the original B r i t i s h North America Act of 1867, Canada was given power to perform acts 35 of an imperial state. The original members of Confederation had entered as a result of the action of their legislature, although not necessarily of the people themselves. Manitoba, however, was created under the power of the new federal government and i n a certain sense owed i t s existence to that agency. Moreover, the North-West Territories were directly under the rule of the Dominion government, and " Canada thus " eeased to be a confederation of equal provinces and became « a veritable Empire, entrusted with the direct government n and administration of the widest range of unappropriated * public lands to be found at that time i n the B r i t i s h 36 " Empire". What were the conditions of the country with which the federal government had to deal? The Territories 35. "Imperial"—" of or pertaining to a state as being sovereign and independent and as governing or being supreme over colonies, dependencies, or many parts". Webster's New International Dictionary of the English Language, ( Springfield, 1928.), p. 1079.-, Use of the term " imperial" appears to be borne out fey the statement of Professor A. S. Morto4» relative to the Rupert 1s land Act: " What the Act really does for " Canada i s to entrust i t with the duties which would " have fa l l e n upon Her Majesty's Government and Imper-" i a l Parliament had Rupert's Land heen made a Crown " Colony according to plan of four years before, v i z . , " create institutions of Government ? Morton, op. c i t . , p. 22. of. Modifications i n American constitution as a result of the presence of the west, supra, pp.zt-30. 36. Chester Martin, Confederation and the lest, Canadian Historical'Association, Report, 1927, p.24. 43 possessed, no form of government prior to their incorporation i n the Dominion. There were very few settlements except those that clustered around the frontier forts of the traders, or the early missionary outposts. I t had been useless for a settler to leave the Red River Colony and push north or west. He could get no t i t l e to the land; the Company would give 37 none, and the government, whether of Great Britain, Canada or Assiniboia, could not, even i f i t would. As the Company had granted no deeds to land i n what are now Saskatchewan and Alberta, there were, previous to 18#0, no white settle-msnts or white settlers, i n any numbers so far west. A l l the inhabitants were Indians, or employees of the Hudson's Bay Company. Apart from these, there were only a few trav-e l l e r s , very few gold seekers and a stray free-trader. The separate p o l i t i c a l history of the Horth-West Territoriies dates from 1870, when they were given the i n s t i -tutions of crown colony government with administration cen-tered at Fort Garry. The earlier suggestion that the Territ-38 ories govern themselves was not put into effeet for some time, and i n the interval they were governed by a .lieutenant-governor who received his orders from Ottawa. The f i r s t i n -cumbent of the office was the Honourable A. G. Archibald of Hova Scotia who, i t w i l l be remembered, " approved of the general principles of allowing the increase of territory as 37. When a settler desired to take up land, and could pay for i t , a long term lease was granted. The half-Breeds merely squatted. 38. The idea of a crown colony which the Duke of Newcastle had entertained when he proposed purchasing the west i n the early 'sixties. 44 39 " contemplated i n the resolution"of Honourable George Brown at the Quebec Conference. The " Act f o r the Temporary Government of Rupert's " Land" had s t r u c t a snag when lieutenant- Governor William McDougall attempted to put i t i n t o operation. He had been unable to enter the t e r r i t o r y and for that reason Honourable A. G. Archibald was the f i r s t to make use of the powers which the Statute bestowed. I t seemed to have been doomed. One governor knew the terms of the Act but was unable to get i n to use them; his successor got i n but had no copy of the Act and only a hazy r e c o l l e c t i o n of i t s terms I The correspondence therefore, passing between the lieutenant- governor and the federal a u t h o r i t i e s , furnishes the source of the early govern-mental h i s t o r y of the d i s t r i c t . By h i s i n s t r u c t i o n s issued August 4, 1870, Lieutenant-Governor Archibald was to: " 3 . You w i l l have the goodness to report with a l l con-venient speed, f o r the information of His Excellency, on the state of the laws now e x i s t i n g i n the T e r r i t o r i e s , transmitting copies of any Laws, Ordinances or Regulations of the Hudson's Bay Company now i n force there, together with a f u l l report as to the mode of administering j u s t i c e , the organization of the Courts, the number and mode of appointment of Justices.of the Peace, the P o l i c e arrange-ments and the means adopted for keeping the peace, & c , 4. You w i l l have the goodness to report a l s o , on the system of Taxation .( i f any) now i n force i n the T e r r i t -o r i e s , the system of l i c e n s i n g shops, taverns, & c , the mode of regulating or p r o h i b i t i n g the Sale of Wine,Spirit-uous and Malt Liquors, and further as to the mode of keep-ing up the Roads, and generally on the Municipal Organiz-ation ( i f any) e x i s t i n g i n the T e r r i t o r i e s . 6. You w i l l have the goodness to report a l s o , on the 39. A. G. Doughty, ed., l o c . c i t . , p. 32. 45 on the nature and amount of currency or circulating med-ium now employed i n the Territories, and of the probable requirements of the Territories i n that respect i n the future. 7. You w i l l also pleasetoreport as to such lands in the Territories as i t may be desirable to open up at once for settlement 8. you w i l l report generally on a l l subjects connected with the welfare of the Territories upon which i t may seem to you desirable to communicate with the Government of the Dominion? 40. In eastern Canada l i t t l e was known of the territory between the Great Lakes and the Rockies, and every opportun-i t y had to be taken to learn the needs of the new domain. Lieutenant- Governor Archibald proceeded to set up what he believed to be the form of government instituted by the Act dealing with the question. On October 21, 1870, he 41 42 appointed Francis Goodshall Johnson,Donald A. Smith and 43 Pascal Breland to be members of the Executive and Legislative 40. 1. A. Meredith, Under-Secretary of State for Provinces to Lieutenant- Governor Archibald, August 4, 1870, Sessional Papers, 34 Vict., Ho. 20, p.'8. 41. Francis Goodshall Johnson, Q,. C : Member of Montreal Bar. Appointed Recorder of Rupert's Land, Assessor and Legal Advisor to the Governor of Assiniboia and to the Com-pany. Governor of Assiniboia, 1855-1858. Assisted i n the organization of the government of Manitoba as a special commissioner, 1870-1872. In 1872 he was inter-im lieutenant- governor of Manitoba and the North-West Territories. Apart from the periods noted, residence was i n Montreal. 42. Donald Alexander Smith: Long period of service i n Hudson's Bay Company, including post as chief factor i n charge of the Montreal Department. In December 1869, was ap-pointed Chief C i v i l Authority by Colonel Wolseley.pend-ing a r r i v a l of Lieutenant- Governor Archibald. Member of the f i r s t legislative assembly of Manitoba, and mem-ber of the Canadian House of Commons for Selkirk. In 1871 was appointed Chief Commissioner to assume control of the Hudson's Bay Company's af f a i r s i n the North-west Territories. In 1889 was chosen Governor of the Hudson's Bay Company, and i n 1896 succeeded Sir Charles Tupper as High Commissioner for Canada. 43. Pascal Breland: Half-breed, who had been a member of the 46 Councils for Rupert's land and the North - West Territory. Smallpox had "broken out, and i n order to prevent i t s spread provisions were enacted by the " legislative authority of the " Governor and Council of Rupert's Land and the North West 44 Territories". The report of these actions brought early and rather unexpected replies from the Honourable Joseph Howe, Secretary of State for the Provinces: * I have no doubt that i n making these appointments you have acted after f u l l consideration of the question as to your authority to make them. In the absence, however, of information on this point, the Government here are i n the dark as to the authority under which you have acted, & would desire explanations from you i n order that i n ease any irregularity may have occurred, i t may be remedied by confirmatory action here? 45. " The Ordinance seems well adapted for the purpose for which i t was enacted, and the only question i s as to the authority to pass i t . On this subject I would refer to the observations i n my Despatch to you of the 17th instant on the appointment of Messrs. Johnson, Smith and Brelan(d) as His Excellency the Governor General desires to be inform-ed as to the nature and intent of the authority under which you are acting". 46. On November 17, 1870, the f i r s t step was taken for a 43. (con't) Pascal Breland: committee formed i n 1849 by Louis Riel, Senior, to secure free trade i n furs. His wife was the daughter of Outhbert Grant, Warden of the Plains, and Breland succeeded to much of the influence of his father-in-law over the Metis. In 1870 he prevailed upon a group not to join K i e l . A member of the legislative assembly of Manitoba, and appointed member of the Councils of the North-West Territories. A merchant of Cypress H i l l s . References to " Pascal", " Paschal", and " Patrice" Breland, but a l l appear to relate to the same person. 4 4 . Arohlfeald to Howe, October 22, 1870. Sessional Papers, 34 Vict., No. 20, p. 69. &5.Howe to Archibald, November 17, 1870. Reprinted i n Oliver, II, 980. 46.Howe to Archibald, November 18, 1870. Sessional Papers, 34 Ti c t . , No. 20, p. 73. 4? properly constituted: council, for at that time Howe asked Archibald to transmit to him a l i s t of names of thos© el i g i b l e , fhe minimum was fixed at seven, and details were to be given regarding their qualifications for the position. On Decem-ber 6 and 7 the desired l i s t was sent, but over a year elaps-ed before the federal government acted upon Archibald's suggestion, and by that timeh«had been succeeded by Lieuten-ant- Governor Morris. fhe f i r s t form of l o c a l government organization to be established i n the Territories was a Board of Health,to cope with the epidemic of smallpox which broke out among the Indians i n the winter of 1870-71. At a meeting held at Edmonton on I p r i l 21, 1871, fhe Saskatchewan D i s t r i c t Board of Health was organized by William J. Christie, Hudson's Bay Company's Chief Factor; Reverend George MdDougall, Method-i s t Missionary; Reverend Father Leduc, and Reverend Father Andre, and Richard Hardistay, Hudson's Bay Company's Factor, fhe offices of these men show the character of the leading inhabitants of the country, fur-traders and missionaries, fhe following were named members of the Board:- John Bunn, Edmonton { Secretary); Father Tourmond, Lac S$«.Anne; Rever-end Henry Steinhour, Whitefish Lake; Bishop Grandin, St. Albert; Bishop Farrand, Lac l a Biche; Father Lacombe, Plains; Reverend Peter Campbell, Pigeon Lake; and Reverend John 47 McDougall, Victoria. This group was acting without author-i t y , but i t s efforts deserve a place i n a study of the 47. See accompanying map; note the distance between the seat of government and the d i s t r i c t for which provis-ion had to be made. 48 Canadian west. The government s i t u a t e d at Winnipeg was unable t o d e a l w i t h the vast t e r r i t o r y under i t s r u l e , and a t l e a s t one other e x t r a - l e g a l body was to be set up, to cope w i t h an emergency before a new c o n s t i t u t i o n was g i v e n . During the s e s s i o n Of the f e d e r a l house i n 1871, a d i s c u s s i o n arose as to the p r o v i s i o n s to be made r e g a r d i n g the r e g u l a t i o n of trade and l i q u o r t r a f f i c i n the North -West T e r r i t o r i e s . I t was d e c l a r e d t h a t the gove r n o r - i n -c o u n c i l had power to d e a l w i t h these questions. Before the union, r e g u l a t i o n s made by the Hudson's Bay Company had been i n f o r c e , but the m i n i s t e r s d i d not know t h e i r n a t ure. The government had not had time to a s c e r t a i n the requirements of the Horth-West, and was so l a c k i n g i n knowledge of the c o n d i t i o n s of a f f a i r s t h e r e , that i t was o b l i g e d to seek the c o u n c i l o f the o f f i c e r s o f the Hudson's Bay Company and the m i s s i o n a r i e s , before committing i t s e l f t o any p o l i c y . For t h i s reason i t was not u n t i l the f o l l o w i n g year t h a t any pro-v i s i o n was made f o r the establishment of a r e a l government i n the f a r west. In December 187E, Alexander M o r r i s was appointed l i e u t e n a n t - g o v e r n o r of Manitoba and e x - o f f i c i o of the North-48 West T e r r i t o r i e s , to succeed the Honourable A. G. A r c h i b a l d . 48. A r c h i b a l d ' s a c t i o n w i t h r e s p e c t t o the o f f e r of l o u i s R i e l to defend the province a g a i n s t the Fenian i n v a s -i o n , had been s e v e r e l y c r i t i c i z e d . However, he d i d not r e t i r e from p u b l i c l i f e , f o r a f t e r a short p e r i o d as judge of eq u i t y i n h i s n a t i v e p r o v i n c e , Hova S c o t i a , he succeeded Honourable Joseph Howe as l i e u t e n a n t -governor. 4 9 Mice h i s predecessor, M o r r i s had manifested an e a r l y i n t e r -est i n the North-West, and t o h i s confidence i n the poten-t i a l i t i e s of the d i s t r i c t , had been added a p e r i o d spent as c h i e f j u s t i c e of the a r e a . While h o l d i n g t h i s o f f i c e , he organized the supreme c o u r t , and , as l i e u t e n a n t - governor h i s g r e a t e s t energies were t o be spent i n the c o n c l u s i o n of I n d i a n t r e a t i e s . The minutes of the c o u n c i l during h i s l e a d -e r s h i p d e a l w i t h t h i s v ery important problem, and what i s almost a c o r o l l a r y , the s a l e o f s p i r i t u o u s l i q u o r s . I t was a p e r i o d i n which the s e t t l e r s were b u i l d i n g homes,and attempt-i n g to provide the necessary means of communication . Their r e cords bear evidence of f e r r i e s b u i l t and p o s t a l communica-t i o n s set up. For any t r a c e o f a . c o n s t i t u t i o n a l nature, we must lo o k to the a c t s of the f e d e r a l government. At the s e s s i o n o f 1871, an Act was passed t o provide f o r the government of the North-West T e r r i t o r i e s , by the l i e u t e n a n t - governor of Manitoba, and a e o u n c i l of from seven 49 to f i f t e e n persons. In January, 1873, the f i r s t North-West c o u n c i l was g a z e t t e d , the f o l l o w i n g members being c a l l e d : 50 51 Marc A. G i r a r d , Donald A. Smith, Henry J . C l a r k e , 49. An Act to make f u r t h e r p r o v i s i o n f o r the government of the North-West T e r r i t o r i e s , 24 V i c t . , cap. 16, s. I,and 3. S t a t u t e s , 1871, pp. 84-85. 50. Marc Amable G i r a r d : P r a c t i s e d law i n the province of Qnsbec u n t i l 1870, when he went to Manitoba. In September 1870,-he was sworn i n as a member of the l i e u t e n a n t - g o v e r n o r ' s c o u n c i l and p r o v i n c i a l t r e a s u r -er . E l e c t e d by acclamation to the l e g i s l a t i v e assem-b l y f o r S t . Boniface East. On December 13, 1871, he was c a l l e d to the senate and nominated s e n i o r member of the North-West G o u n c i l . In 1873, became premier of Manitoba. 51. Henry James Cla r k e * Q> C.: Came to Red R i v e r from I r e l a n d , 50 52 53 54 P a s c a l Breland, A l f r e d Boyd, John S c h u l t z , Joseph Dubuc, - 55 56 57 Andrew G. B. Bannatyne, W i l l i a m E r a s e r , Robert Hamilton and 53 W i l l i a m J . C h r i s t i e . On March 8, 1873, the c o u n c i l was 51. (con't.) Henry James C l a r k e : s h o r t l y a f t e r the a r r i v a l of the Wolseley e x p e d i t i o n . Yfas returned f o r S t . Charles i n the f i r s t p r o v i n c i a l l e g i s l a t u r e of Manitoba, and be-came a member of the executive c o u n c i l and a t t o r n e y g e n e r a l . Premier of Manitoba. Appointed l e g a l ad-v i s o r to the c o u n c i l of the Horth-West T e r r i t o r i e s . 52. A l f r e d Boyd: Wealthy Englishman, r e s i d e n t i n the coun-t r y f o r s e v e r a l years c a r r y i n g on a commercial business, One of the delegates who met at F o r t Garry i n 1870, to d r a f t B i l l of R i g h t s . He and Honourable M. A. G i r a r d were c a l l e d upon 'by the l i e u t e n a n t - g o v e r n o r to a s s i s t i n p u t t i n g the law i n t o o p e r a t i o n . Pending e l e c t i o n s f o r a l e g i s l a t i v e assembly, he was represen-t a t i v e of the E n g l i s h s e c t i o n of the community. Held p o r t f o l i o i n the Manitoba House. 53. John C h r i s t i a n S c h u l t z , M. H: Born i n Essex County, Ontario, he removed to the Red R i v e r where he p r a c t i s -ed medicine and was connected w i t h fhe Hor TWester. He opposed the Hudson 1s Bay Company and became a l e a d e r of the Canada p a r t y . In 1871, was e l e c t e d member f o r l i s g a r i n the Canadian House of Commons, In 1883, he became a senator, and was l i e u t e n a n t - g o v e r n o r of Man-i t o b a , 1888-1895. 54. Joseph Dubuc: Educated i n the province of Quebec where he was horn. Member of the l e g i s l a t i v e assembly of Manitoba, 1870-1878. C a l l e d to the Manitoba Bar, 1871. E d i t o r of l e M e t i s . In 1874, he becairee l e g a l a d v i s o r o f the Horth-West c o u n c i l , and a t t o r n e y g e n e r a l of Manitoba. Speaker of the Manitoba assembly. In 1878, e l e c t e d member f o r Provencher i n the f e d e r a l house. 55. Andrew Graham B a l l e n d e h Bannatyne: Born i n the Orkney I s l a n d s , he was surrounded by the t r a d i t i o n of Hudson's Bay Company s e r v i c e . I n 1869, he was member of the p r o v i s i o n a l government e s t a b l i s h e d by L o u i s R i e l . In 1875, he was e l e c t e d member f o r Provencher on the ex-p u l s i o n of R i e l . 56. W i l l i a m F r a s e r : Formerly member of the c o u n t i l of A s s i n -i b o i a . Resided on the west side of the Red R i v e r , n o r t h of the p a r i s h of S t . John's. 57. Robert Hamilton: Became chief f a c t o r of the Hudson 1^ Bay Company i n 1867, and f i v e years l a t e r i n s p e c t i n g c h i e f f a c t o r . 58. W i l l i a m Joseph C h r i s t i e : Son of Alexander C h r i s t i e , c h i e f f a c t o r and twice governor of A s s i n i b o i a , and h i m s e l f c h i e f f a c t o r of the Hudson's Bay Company post a t F o r t Edmonton i n 1860. L a t e r he was i n charge of 51 c a l l e d together f o r the f i r s t time, and the members took the oath of o f f i c e , but no business of importance was transacted. An amendment to the "Act for the Government of the North-West T e r r i t o r i e s " was passed on May 23, 1873, which pro-vided: Governor i n Gouncil may make such laws as I t . Governor i n Council i s empowered to make. Extent of ) eit h e r author-i t y . ) '"2. Subject to the provisions hereinafter made, i t s h a l l be l a w f u l for the Governor-i n - Council to make laws f o r the peace, order and good government of the s a i d North-West T e r r i t o r i e s and of Her Majesty's sub-jects therein, i n r e l a t i o n to a l l matters and subjects i n r e l a t i o n to which the the Lieutenant-Governor and his Council aforesaid are not then empowered to make laws; and for that purpose, ei t h e r to make new laws or to extend and apply and declare applicable to the North-West T e r r i t o r i e s , with such amendments and modifications as may he deemed necessary, any Act: or Acts of the Parliament of Canada, or any pasts thereof; and from time to time to amend or repeal any such laws, and make others i n t h e i r stead. The power hereby given s h a l l )extend to the modification, amendment, or repeal of any Act mentioned i n the schedule of t h i s Act; and the Lieutenant-Governor, a c t i n g with the advice and consent of h i s Council, s h a l l have l i k e powers with re-spect to the subjects and matters i n re-l a t i o n to whieh he i s empowered to make laws; 3. Disallowance ) (4) A copy of every such law made by of laws and ) the Lieutenant-Governor of the said Territ-l a y i n g them ) ories and h i s Council s h a l l be mailed for before Parlia-)transmission to the Governor-in-Council ment. ) w i t h i n ten days a f t e r i t s passing , and 58. (eon't.) William Joseph C h r i s t i e : the Saskatchewan D i s t r i c t , C h r i s t i e a s s i s t e d the government i n concluding t r e a t i e s with the Indians. I t w i l l be noted, that the majority of these men were p r i m a r i l y interested i n Manitoba and not i n the North-West T e r r i t o r i e s . 52 may be disallowed by him any time within two years after i t s passing; and every such law made by the Governor-in-Council shall be l a i d before both Houses of Parlia-ment as soon as conveniently may be after the making and passing thereof". 59. 60 By an Act which received assent May 3, 1873, i t was 61 provided that the council might be increased from eleven to twenty-one, and that i n no sense was i t to consist of less than seven members. Acting upon the powers of this Act, five additional members were called to the Council i n the winter 62 63 64 65 of 1873: James McKay, Joseph Royal, Pierre Delorme,!. R.Bown, 59. An Act to make further provision for the government of the North-West Territories, 34 Viet., cap. 16, s.I,and 3. Statutes, 1871, pp. 84 - 85. 60. An Act to amend the Act intifcialed: " An Act to make "further provision for the Government of the North-West ^Territories", 36 Vict., chap. 5. Statutes, 1873, p* 8. 61. Acting under the authority given i n 34 Vict., cap. 16,s.3, n £ Ct to make further provision for the government " of the North-West Territories", —--e/elen members had been called to the council, although the act allowed any number from seven to fifteen. 62. James McKay: A half-breed, son of a servant of the Hudson's Bay Company, born at Edmonton. S i r George Simpson's special voyageur. He was president of the executive council i n the f i r s t provincial cabinet, speaker of the f i r s t legislative council and later min-ist e r of agriculture of Manitoba. 63. Jospph Eoyal: Born at Repentigny, lower Canada, i n 1837. Journalist, historian, lawyer and legislator, his name i s connected with events i n both eastern and western Canada. He was a member of the North-West Council and the Manitoba Assembly before becoming lieutenant-governor of the Territories i n 1888. See infra,ChapterlV. 64. Pierre Delorme: A half-breed, born at St. Boniface, he was a representative i n Rial's convention of December 21, 1869. A member of the legislative assembly of Manitoha and representative of Provencher i n the Dominion House. 65. Dr. Walter Robert Bown: Came to the Red River about 1866, and i n 1868, purchased the Nor'Wester from Dr. Schultz. Bown was for several years private sec-retary to the lieutenant-governor of Manitoba and Keewatin. Name frequently appears as "Brown". 5 3 66 and W. N. Kennedy. Further additions were made to the council 67 68 in 1871, when John H. Mclavish, and William Tate were sworn i n . Government far removed from the people for whose dir-ection i t was inaugurated, particularly i n a day when trans-portation was slow, could exercise l i t t l e influence i n dis-tant settlements. That such was the case i s manifested by the establishment i n 1 8 $ 5 , of a provisional government among the half-breeds i n the Batoche and Carleton d i s t r i c t s . The head of the movement was the famous hunter and warrior 69 Gabriel Dumont, who came to Saskatchewan i n 1868. Under his presidency, the Metis organized themselves upon the basis of the laws of the buffalo hunt. The proceedings however, were i l l e g a l and Lieutenant-Governor Morris was obliged to nhVigsd to interfere. Canadian attitude toward the North-West Territories was clearly manifested when Honourable Alexander Mackenzie, introduced and passed his North-West Territories Act i n 1875. While the premier and some members of the house showed an 66. William Nassau Kennedy: Came to Vfinnipeg with Lord Wolsley's expedition as lieutenant i n the Ontario R i f l e s . In 1872 he was appointed Registrat of Deeds for Selkirk. In 1875 and 1876 he was Htyov of Winnipeg. 67. John H. McTavish: A grandson of Sir George Simpson, he was surrounded by a tradition of service to the Hudson's Bay Company with which he wa§ connected. He was a mem-ber ©.f the f i r s t l e g i s l a t i v t assembly of Manitoba, and i n 1881 was appointed 8fei§£-land commissioner of the Canadian Pacific Railway. 68. Willtea Tait: A native of the Red River Settlement, en-gaged i n farming in the parish of Headingly. In 1861 he was the representative of the English d i s t r i c t i n which he resided, i n the Convention of Twenty-four. 69. Gabriel Dumont: A half-breed bom i n Assiniboia i n 1838. Took no part i n the Northwest Rebellion of 1870, but 54 understanding of the T e r r i t o r i e s , there was a t o t a l l a c k of comprehension o f t h e i r needs on the p a r t of some who were most d i r e c t l y concerned w i t h the government of the west. Ho b e t t e r evidence can he g i v e n , than the speech of S i r John A. Macdonald, r e l a t i v e t o the appointment o f a s p e c i a l l i e u t e n -ant-governor f o r the North-West T e r r i t o r i e s : " The hon. ( s i c ) gentleman should he prepared to show< that there was a n e c e s s i t y f o r a p p o i n t i n g an a d d i t i o n a l Governor j u s t now. Manitoba was a v e r y s m a l l Province i n i t s e l f , w i t h a ve r y s m a l l p o p u l a t i o n , and i f one L i e u t e n -ant- Governor was s u f f i c i e n t f o r the Government of Ont a r i o , s u r e l y one ought to be enough f o r Manitoba and the North-West f o r some time t o come a t a l l events". 70. The Conserative l e a d e r regarded the North-West i n " the l i g h t 71 of a colony", to which the popular elements i n government should not i n t r o d u c e d f o r the time being. I n s p i t e o f such o p p o s i t i o n , the premier i n s i s t e d upon the abso l u t e n e c e s s i t y of a government i n the T e r r i t o r i e s themselves, i n which the popular element was promised as an inducement to f u t u r e s e t t l e r s . The c o n t r o l of the l i q u o r t r a f f i c had been one of the important problems i n the days of the company r u l e , and the government o f Canada was c a l l e d upon to f u r n i s h a s o l -u l t i o n . I n the east an a g i t a t i o n had been begun f o r pro-h i b i t i o n , and the North-West T e r r i t o r i e s were to be the t e s t -i n g p lace of t h i s l e g i s l a t i o n . Honourable Alexander Mackenzie d e c l a r e d : 69. (con't.) G a b r i e l Dumont: was a d j u t a n t - g e n e r a l of the r e b e l f o r c e s i n the R e b e l l i o n of 1885. 70. Debates i n the House i f Commons, 1875, p. 656. 71. Debates i n the House of Commons, 1875, p. 656. 55 w This would give tJae Dominion a f a i r o p p o r t u n i t y to commence w i t h a c l e a n s l a t e i n t h i s enormous t e r r i t o r y , and t e s t p r a c t i c a l l y the o p e r a t i o n of a prohibitowu ef a l i q u o r law where there has been no law on any sub j e c t before. I f we were able to accomplish p r o h i b i t i o n i n t h a t t e r r i t o r y i t would enable us t o b e t t e r accomplish the o b j e c t t h a t so many were p e t i t i o n i n g f o r as regards the whole Dominion". 72. By the c o n s t i t u t i o n a l p r o v i s i o n s of the Act, a sep-a r a t e government was set up i n and f o r the lorth-West Ter-r i t o r i e s , w i t h p r o v i s i o n s f o r the a d d i t i o n of e l e c t e d mem-bers t o the c o u n c i l , and the i n t r o d u c t i o n of a popular assembly. The A c t pr o v i d e d : L i e u t e n a n t - ) Governor. ) -His i n s true-,:) t i o n s . ) C o u n c i l may ) be appointed.) Humber, powers) and quorum. ) " I . (2) For the Horth-West T e r r i t o r i e s t h e r e s h a l l be an o f f i c e r s t y l e d the Lieutenant-Governor, appointed by the Governor General i n C o u n c i l , by i n s t r u -ment under the great s e a l of Canada, who s h a l l h o l d o f f i c e d u r i n g the p l e a s -ure of the Governor General; and the Lieu t e n a n t - Governor s h a l l a d m i n i s t e r the government under i n s t r u c t i o n s from time to time g i v e n him by Order i n C o u n c i l , or by the Se c r e t a r y of State of Canada: 3. The Governor-General, w i t h the ad-v i c e of the Queen's P r i v y C o u n c i l f o r Canada, by warrant under h i s p r i v y s e a l , may c o n s t i t u t e and appoint such and so many persons from time to time, not ex-ceeding i n the whole f i v e persons,- of which number the S t i p e n d i a r y M a g i s t r a t e s h e r e i n a f t e r mentioned s h a l l be members ex o f f i c i o , - to be a C o u n c i l to a i d the Lieutenant-Governor i n the a d m i n i s t r a t i o n of the lorth-West T e r r i t o r i e s , w i t h such powers, not i n c o n s i s t e n t w i t h t h i s A c t , as may be, from time t o time, c o n f e r r e d upon them by the Governor General i n C o u n c i l ; and a m a j o r i t y s h a l l form a quorum. 72. Debates i n the House of Commons, 1875, p. 655 56 -•13, When and so soon as the Lieutenant-Governor i s s a t i s f i e d try such proof as he may r e q u i r e , t h a t any d i s t r i c t or p o r t i o n of the lorth-West T e r r i t o r i e s , not exceeding an area of one thousand square m i l e s , c o n t a i n s a p o p u l a t i o n of not l e s s t h a n one thousand i n h a b i t a n t of a d u l t age, e x c l u s i v e of a l i e n s or un-enfr a n c h i s e d Indians, the Lieutenant -Governor s h a l l , by proclamation, e r e c t such d i s t r i c t or p o r t i o n i n t o an e l e c -t o r a l d i s t r i c t , and such e l e c t o r a l d i s t r i c t s h a l l h e n c e f o r t h be e n t i t l e d to e l e c t a member of the C o u n c i l ot of the L e g i s l a t i v e Assembly, as the case may be. (6) When the number of e l e c t e d members amounts to twenty-one, the C o u n c i l here-i n b e f o r e appointed s h a l l cease and be determined, and the members so e l e c t e d s h a l l be c o n s t i t u t e d and designated as the L e g i s l a t i v e Assembly of the l o r t h -West T e r r i t o r i e s , and a l l the powers by t h i s A ct v e s t e d i n the C o u n c i l s h a l l be t h e n c e f o r t h vested i n and e x e r c i s a b l e by the s a i d L e g i s l a t i v e Assembly." 73. An important omission from the new t e r r i t o r i a l con-s t i t u t i o n was t h a t of any p r o v i s i o n f o r r e p r e s e n t a t i o n i n the Dominion P a r l i a m e n t . However, the Act of 1875 was a landmark i n the development of the c o n s t i t u t i o n of the Horth-West T e r r i t o r i e s , f o r by i t t r a n s i t i o n from C o n c i l i a r to f u l l r e p r e s e n t a t i v e government was made p o s s i b l e , and the way pre-pared f o r the next stage i n p o l i t i c a l development. 73. 38 V i e t . , chap. 49. S t a t u t e s , 1875, pp. 261, 265, 266. Formation of . ) E l e c t o r a l d i s - j t r i c t s . ) L e g i s l a t i v e " Assembly, when to be c o n s t i t u -t e d i n l i e u of C o u n c i l . 57 CHAPTER I I I . GOVERNMENT BY THE COUNCIL OP THE NORTH-WEST TERRITORIES. When on October 7, 1876, the North-West T e r r i t o r i e s Act was brought i n t o f o r c e by proclamation, and the Honour-able David L a i r d became l i e u t e n a n t - governor and su p e r i n t e n -dent of Indians, a new e r a was opened a l i k e i n the government and the development o f the west. The Act of 1875, has "been " c a l l e d the C o n s t i t u t i o n a l Act of the T e r r i t o r i e s , Prom " t h a t p e r i o d the North-West T e r r i t o r i e s have enjoyed inde-" pendent government, and have r i s e n from a s t a t e of semi-I " f e u d a l i s m " to f u l l p r o v i n c i a l autonomy. L a i r d had been a delegate from P r i n c e Edward I s l a n d when n e g o t i a t i o n s were taken f o r i t s e n t r y i n t o the Dominion, and i n 1873 was e l e c t e d to the house of commons. I n Mackenzie's a d m i n i s t r a t i o n he h e l d the o f f i c e of m i n i s t e r i n the newlrcreated Department of the 2 I n t e r i o r which was e n t r u s t e d w i t h the s u p e r v i s i o n of t e r r i t -o r i a l matters, and i n t h a t c a p a c i t y he had al r e a d y p l a y e d an important p a r t i n r e l a t i o n to the n e g o t i a t i o n , of In d i a n t r e a t -i e s . The f i r s t c o u n c i l under the Act was convened at 1. John Blue, A l b e r t a , Past and Pres e n t , (Chicago,1924.), p. 101. 2. An Act to provide f o r the establishment of " The Depart-ment of the I n t e r i o r " , r e c e i v e d assent May 3, 1873. 36 V i c t . , chap. 4. S t a t u t e s , 1873, pp. 5-7. 58 3 L i v i n g s t o n , , Swan River,on March 8, and s a t u n t i l March 22, 1877. The members were the Honourable David l a i r d , l i e u t e n -4 ant- governor, Mathew Ryan and l i e u t e n a n t - C o l o n e l Hugh 5 Richardson , s t i p e n d i a r y m a g i s t r a t e s and members ex o f f i c i o , 6 l i e u t e n a n t - C o l o n e l James F. Macleod, commissioner o f the North-7 West Mounted f o l i c e and appointed member. Amedee 3. Forget who l a t e r became l i e u t e n a n t - g o v e r n o r under r e s p o n s i b l e govern-ment and f i r s t l i e u t e n a n t - governor of the province o f Saskat-chewan, was c l e r k . 3. Pending the e r e c t i o n of s u i t a b l e b u i l d i n g s at the Cap-i t a l , B a t t l e f o r d , meetings were h e l d at L i v i n g s t o n e , Swan R i v e r , i n the North-West T e r r i t o r i e s , about twenty m i l e s west o f the boundary of Manitoba. 4. Mathew Ryan: Member of the North-West C o u n c i l 1877-1881, d u r i n g which p e r i o d he missed only two meetings. R. G. MacBeth says of him, " a man of con s i d e r a b l e l i t e r a r y power". R. G. MacBeth, P o l i c i n g the P l a i n s , (London, 1922.'), p.65. 5. L i e u t e n a n t - C o l o n e l Hugh Richardson: P r a c t i s e d law i n Ontario u n t i l 1872, when he became c h i e f c l e r k i n the Department of J u s t i c e . Four years l a t e r he was sent to the North-West T e r r i t o r i e s as s t i p e n d i a r y magistrate and l e g a l a d v i s o r t o the l i e u t e n a n t - g o v e r n o r . Rose by successive stages to the p o s i t i o n of judge of the Supreme Court o f the North-West T e r r i t o r i e s . 6. L i e u t e n a n t - C o l o n e l James Farguharson Macleod, C. M. G: A member of the Bar of Upper Canada, he served i n the m i l i t i a d u r i n g the North-West R e b e l l i o n . Through h i s p o s i t i o n i n the North-West Mounted P o l i c e , he e x e r c i s -ed great i n f l u e n c e over the In d i a n s . This o f f i c e r by whom Calgary was named a f t e r h i s home i n S c o t l a n d ( U a l g a r r y ) , i n 1887 became a puisne judge i n the supreme court of the T e r r i t o r i e s . 7. Amedee Emanuel Forget: Born i n Lower Canada he was c a l l e d to i t s Bar i n 1871. Four years l a t e r he was appointed on the commission f o r the settlement of the h a l f - b r e e d c l a i m s i n the North-West T e r r i t o r i e s , and i n 1888 became assistant-commissioner of In d i a n a f f a i r s f o r Manitoba, and the North-West T e r r i t o r i e s . He was a l s o a member of the Canadian Senate from 1911 u n t i l h i s death i n 1923. 5 9 The f i r s t step towards r e s p o n s i b l e government was now taken, f o r h e n c e f o r t h a d m i n i s t r a t i o n was t o be by men r e s i d e n t w i t h i n the T e r r i t o r i e s , and not by those from an a d j o i n i n g p r o v i n c e . The importance of t h i s was shown by the l i e u t e n a n t -governor i n h i s address to the c o u n c i l : " Gentlemen: You have the honor to be the f i r s t C o u n c i l under the Government o f Canada ever convened w i t h i n the North-West T e r r i t o r i e s . I t w i l l be your duty to c a r r y on the work of l e g i s -l a t i o n w i t h prudence, n e g l e c t i n g no opp o r t u n i t y t o p r o f i t by such experience as res i d e n c e i n the T e r r i t o r i e s and f r e e i n t e r c o u r s e w i t h the people i s c a l c u l a t e d t o a f f o r d " . 8. At t h e i r second meeting r u l e s and forms of proceeding 9 i n l e g i s l a t i v e s e s s i o n s were drawn up. The seventh d e c l a r e d : " I n the absence of the lieu t e n a n t - G o v e r n o r , such member of the C o u n c i l s h a l l p r e s i d e , as H i s Honour may from time to time appoint f o r that purpose". 10. In a d d i t i o n to the r i g h t to appoint a member to pr e s i d e i n h i s stead, the l i e u t e n a n t - g o v e r n o r a l s o had s p e c i a l p r i v i l e g e s i n reg a r d to the i n t r o d u c t i o n of l e g i s l a t i o n : .11 The c l e r k of the Horth-West C o u n c i l s h a l l keep a book te be c a l l e d the n N o t i c e Book", i n which every member of the C o u n c i l s h a l l enter one day's n o t i c e f o r leave to int r o d u c e a B i l l , R e s o l u t i o n or Address, or f o r the appointment of a Committee; but t h i s r u l e s h a l l not apply to B i l l s presented by the lie u t e n a n t - G o v e r n o r " . 11. A s e c t i o n d e a l i n g w i t h p r i v a t e b i l l s throws i n t e r e s t i n g l i g h t 8. J o u r n a l s , 1877, p. 6. 9. No r e c o r d can be found of executive meetings. 10. J o u r n a l s , 1877, p. 11. The l i e u t e n a n t - g o v e r n o r s d i d not appear to be anxious to v. .. delegate t h e i r powers i n t h i s r e s p e c t . In checking the Journals from 1877 to 1887, no r e c o r d was found i n which the minutes d i d not open " the lieutenant-Governor p r e s i d i n g " . 11. J o u r n a l s , 1877, p. 11. 60 not only upon the whole s u b j e c t o f j o u r n a l i s m , but a l s o sug-gests the i n f l u e n c e whieh the period, of government from Manitoba had l e f t upon f u t u r e l e g i s l a t i o n ; " 1 7 — Before p a s s i n g such B i l l s , the C o u n c i l may r e q u i r e t h a t n o t i c e of the a p p l i c a t i o n be p u b l i s h e d f o r three months i n some newspaper i n Manitoba or i n the T e r r i t o r i e s " . 12. Apast from the d i s c u s s i o n s which r e s u l t e d i n the f o r -m u l a t i o n of the above r u l e s of procedure, a t t e n t i o n was cen-t e r e d upon the s u b j e c t o f the p r e v e n t i o n o f p r a i r i e and f o r -e s t f i r e s , , p r o t e c t i o n o f b u f f a l o , f e r r i e s and t o l l b r i d g e s . Arrangements were made r e s p e c t i n g l i c e n s e s , the a d m i n i s t r a t -i o n of j u s t i c e , and r e g u l a t i o n s to prevent the spread of i n f e c -t i o u s d i s e a s e s . A p e t i t i o n was r e c e i v e d from Moise Ouelette and P i e r r e Landry p r a y i n g f o r a s s i s t a n c e towards the estab -lishment of a s c h o o l house a t S t . Laurent and the s a l a r y of a teacher. While t h i s t h e s i s does not propose to touch on the very important matter of education i n the T e r r i t o r i e s , i t i s i n t e r e s t i n g to note how r a p i d were the a c t i o n s of the v a r i o u s o f f i c i a l s on t h i s p a r t i c u l a r occasion. On March 21, 1877, the r e s o l u t i o n was passed t h a t the request be sent t o the Dominion government, but i t was not u n t i l December 6, t h a t the p e t i t i o n was forwarded by L a i r d to the M i n i s t e r of the I n t e r i o r . I n the l e t t e r , he showed the predicament:in which 12. J o u r n a l s , 1877, p. 12. R e l a t i v e t o the s u b j e c t of the p r e s s , P r o f e s s o r A. L. Burt w r i t e s : " I do not know of any paper p u b l i s h e d i n the lorth-West T e r r i t o r i e s i n 1877. I suspect t h a t the clause was i n s p i r e d by a n t i c i p a t i o n " . A. L. Burt to the w r i t e r , August 24, 1932. 61 the c o u n c i l found i t s e l f : n I t does not appear t h a t the C o u n c i l has npw the power to impose d i r e c t t a x a t i o n except i n E l e c t o r a l D i s t r i c t s " 1 3 and as no e l e c t o r a l d i s t r i c t c o u l d be e r e c t e d u n t i l there were one thousand a d u l t persons i n an area of one thousand m i l e s , the people of the North-West were e n t i r e l y dependent upon Ottawa f o r any s e r v i c e which c o u l d not be rendered by the meagre income from l i c e n s e fees and f i n e s . On previous occasions the westerners had set up pro-v i s i o n a l governments to f u l f i l l t h e i r needs, but a t t h i s time the a u t h o r i t i e s brought forward a suggestion themselves: " While agreeing w i t h you t h a t the C o u n c i l of the North- West T e r r i t o r i e s has not the power t o impose d i r e c t t a x -a t i o n f o r s c h o o l or other purposes, i t appears to me t h a t the C o u n c i l might o b t a i n the end i n view, namely, the r a i s -i n g of a fund, f o r School Corporations and g i v i n g them the r i g h t to impose a s c h o o l r a t e . The c o n s t i t u t i o n a l objec-t i o n of want of r e p r e s e n t a t i o n which would apply i n the case of t a x a t i o n by the C o u n c i l , would not be a p p l i c a b l e to School Corporations who would merely t a x themselves". 14. In the o l d e r p r o v i n c e s p o p u l a t i o n centered around towns and v i l l a g e s , and f o r e s t s and the presence of the Cam-b r i a n s h i e l d c o n f i n e d these to a r e l a t i v e l y s m a l l a r e a . No such geographic f a c t o r s l i m i t e d those who made t h e i r homes i n ^Manitoba and the North-West T e r r i t o r i e s , and the problems which they were c a l l e d upon to s o l v e , d i f f e r e d m a t e r i a l l y from those of the pioneers i n Sanada and the M a r i t i m e s . Canadians knew l i t t l e of the d i s t r i c t f o r which they were l e g i s l a t i n g , and even when the T e r r i t o r i e s had reached the stage when they were 13. J o u r n a l s , 1878, Appendix A , p. 39. See 38 T i c t . , chap. 49, s. 9. S t a t u t e s , 1875, p. 264. 14. J o u r n a l s , 1878, p. 40. David M i l l s , M i n i s t e r of the I n t e r i o r , to lieutenant-Governor L a i r d , January 14,1878. 62 capable of p u t t i n g forward a form of government f o r them -s e l v e s , l e g i s l a t o r s at Ottawa s t r e t c h e d the c o n s t i t u t i o n u n t i l i t was almost unrecognizable. When the c o u n c i l met i n J u l y 1878, a new appointed member was present, P a s c a l B r e l a n d , a merchant of Cypress H i l l s . This was the f i r s t meeting t o be h e l d a t B a t t l e f o r d , and the f i r s t r e c o g n i t i o n of the c i t i z e n s themselves. To t h i s c o u n c i l were g i v e n added powers, by v i r t u e of amendments 15 to the Horth-West T e r r i t o r i e s Act of 1875. Changes were e f f e c t e d i n the a d m i n i s t r a t i o n of j u s t i c e , and the c o u n c i l was empowered to l e g i s l a t e i n regard to marriage. Funds were a c c r u i n g under the o p e r a t i o n of the Ordinances of the Horth-West T e r r i t o r i e s from f i n e s and l i c e n s e f e e s , and i t was nec-essary to r e g u l a t e w i t h regard to the d i s p o s i t i o n o f such moneys. In respect to the enlarged powers of the c o u n c i l , l a i r d l a i d before i t a copy of a despatch from the M i n i s t e r o f J u s t i c e t r a n s m i t t i n g a copy of the order of the Governor-General i n C o u n c i l r e g a r d i n g the matter. The order, which bore the date May 11, 1877, read i n p a r t as f o l l o w s : II The l i e u t e n a n t - Govenor i n C o u n c i l i s hereby empowered to make Ordinances i n r e l a t i o n to the f o l l o w i n g s u b j e c t s 1. The establishment and tenure of T e r r i t o r i a l O f f i c e s , and the appointment and payment o f T e r r i t o r i a l O f f i c e r s . 15. An Act to amend the " Horth-West T e r r i t o r i e s Act,1875, was assented to A p r i l 28, 1877. 40 V i c t . , chap. 7. S t a t u t e s , 1877, pp. 33 f f . The c h i e f amendments were p r o v i s i o n s f o r r a i s i n g the number of council l o r s from f i v e to s i x , and p e r m i t t i n g the Governor-General i n C o u n c i l to inc r e a s e the l e g i s -l a t i v e powers of the lieutenant-Governor i n S o u n c i l . 63 " £. The establishment, maintenance and management of p r i s o n s i n and f o r the l o r t h West T e r r i t o r i e s . 3. The establishment of M u n i c i p a l I n s t i t u t i o n s i n the T e r r i t o r i e s , i n accordance w i t h the p r o v i s i o n s of " The N o r t h - f e s t T e r r i t o r i e s A c t s , 1875-1877". 4. The i s s u e of Shop, Auct i o n e e r and other l i c e n s e s i n order to the r a i s i n g of a revenue f o r t e r r i t o r i a l or m u n i c i p a l purposes. 5. The S o l e m n i z a t i o n of marriage i n the T e r r i t o r i e s . 6. The A d m i n i s t r a t i o n of J u s t i c e i n c l u d i n g the con-s t i t u t i o n , o r g a n i z a t i o n and maintenance of T e r r i t o r i a l Courts of C i v i l J u r i s d i c t i o n . 7. The i m p o s i t i o n of punishment by f i n e , p e n a l t y , or imprisonment f o r i n f o r c i n g ( s i c ) any T e r r i t o r i a l Ordinance. 8. P r o p e r t y and c i v i l r i g h t s i n the T e r r i t o r i e s , sub-j e c t to any l e g i s l a t i o n by the Parliament of Canada upon these s u b j e c t s . and 9. G e n e r a l l y on matters of a merely l o c a l or p r i v a t e nature i n the T e r r i t o r i e s . " 16. I t w i l l be seen th a t a r e a l advance had been made i n the powers of the North-West C o u n c i l to d e a l w i t h those matters which most d i r e c t l y concerned i t . l o t only was i t s income from l i c e n s e s and f i n e s confirmed, but i t s powers were i n c r e a s e d i n r e s p e c t to the a d m i n i s t r a t i o n of j u s t i c e . The clause w i t h regard to marriage l e a d to c o n s i d e r a b l e d i s c u s s i o n 17 between the c l e r g y and l a i t y i n the T e r r i t o r i e s , but i t was n i n t h which caused the g r e a t e s t amount of correspondence between Dominion and T e r r i t o r i a l c a p i t a l s . What were" matters 16. Order passed by the Governor-General i n C o u n c i l , under p r o v i s i o n s of second and t h i r d s e c t i o n s of " The North-West T e r r i t o r i e s A c t , 1877, May 11, 1877. Journals 1878,p. 9. 17. The Roman C a t h o l i c c l e r y complained that the system of l i c e n s e s i n t e r f e r e d " w i t h the r e l i g i o u s nature of mar-r i a g e , t h a t the government was r e c e i v i n g an income from the s e r v i c e s of the church. 64 of a merely l o c a l or p r i v a t e , nature i n the T e r r i t o r i e s ? " Councillors were never sure u n t i l Ordinances which they had passed, supposedly a c t i n g under a u t h o r i t y g i v e n by the clause 18 were d i s a l l o w e d by Ottawa. In the i n t e r v a l between the meetings of the c o u n c i l i n 1878 and 1879, Lieutenant-Governor L a i r d took occasion to p o i n t out i n c o n s i s t e n c i e s i n the Act under which the North-West T e r r i t o r i e s were governed. In a despatch dated January 1, 1879, he s t a t e d : " I have the honor to c a l l your a t t e n t i o n to the c o n f l i c t -i n g c h a r a c t e r o f two or three s e c t i o n s of the 1 1 North-West T e r r i t o r i e s Act', 1875". The 9th. s e c t i o n of the s a i d Act i n e f f e c t p rovided t h a t when any e l e c t o r a l d i s t r i c t s h a l l be e s t a b l i s h e d the Lieutenant-Governor and C o u n c i l s h a l l have power t o pass Ordinances f o r r a i s i n g w i t h i n such D i s t r i c t , by d i r e c t t a x a t i o n , e t c . , a revenue f o r l o c a l and m u n i c i p a l purpos-es of such d i s t r i c t . The 10 t h . s e c t i o n p r o v i d e s t h a t when any e l e c t o r a l d i s t r i c t s h a l l be found to c o n t a i n not l e s s than One  thousand i n h a b i t a n t s , Ordinances may be passed f o r e r e c t i n g the same i n t o a m u n i c i p a l c o r p o r a t i o n or c o r p o r a t i o n s , e t c . The powers contained i n the 11th s e c t i o n w i t h r e s p e c t to l e g i s l a t i n g on Education are e v i d e n t l y dependent upon one or both of the next proceeding s e c t i o n s . Now, when we t u r n to the 13th s e c t i o n o f the same Act we f i n d t h a t an e l e c t o r a l d i s t r i c t cannot be e r e c t e d unless i t c o n t a i n a p o p u l a t i o n of not l e s s than One thousand i n h a b i t a n t s of  a d u l t age? 19. The c o u n c i l had a l r e a d y p o i n t e d out the need f o r pow-er to l e g i s l a t e w i t h regard to sc h o o l s , and, as we have seen, 18. E x t e n s i o n of f e d e r a l a c t s to the T e r r i t o r i e s l e d to con-s i d e r a b l e u n c e r t a i n i t y . c f . Poynings' Acts, by which a l l laws passed by the E n g l i s h P arliament were d e c l a r e d to be i n f o r c e i n I r e l a n d . 19. Lieutenant-Governor L a i r d to the M i n i s t e r of the I n t e r i o r i , January 1, 1879. J o u r n a l s , 1879, Appendix A,pp.24-25. 6 5 the Canadian a u t h o r i t i e s suggested an ingenious way of g e t t -i n g around the d i f f i c u l t y . However, the terms of the Act s t i l l presented a problem to the r e s i d e n t s of the s p a r s e l y s e t t l e d west, f o r i n the days before the.vrailway, there was no i n c e n t i v e to s e t t l e i n any p a r t i c u l a r l o c a l i t y . Even l e g i s l a t o r s a t Ottawa, who found i t d i f f i c u l t to r e a l i z e Wes-t e r n c o n d i t i o n s , provided t h a t j u r i e s should be composed of only s i x or e i g h t men depending upon the g r a v i t y of the o f -fence. This was a concession due to the w i d e l y s c a t t e r e d nature of the p o p u l a t i o n . l a i r d put forward suggestions on the subject of education, i n c l u d i n g r e f e r e n c e s to c o n d i t i o n s i n Manitoba and B r i t i s h Columbia, which are i n t e r e s t i n g i n the l i g h t of f u t u r e arguments, although at the time, the despatch r e c e i v e d the u s u a l acknowledgement- a promise to l a y the matter before the proper a u t h o r i t i e s . The l i e u t e n a n t -governor suggested: " I f the words " e l e c t o r a l d i s t r i c t " were s t r u c t , out i n the f i r s t l i n e of the 10th s e c t i o n and the words " a p o r t i o n or d i s t r i c t of the Horth-West T e r r i t o r i e s " s u b s t i t u t e d , a pa r t of the d i f f i c u l t y would be removed. I t i s d o u b t f u l a l s o whether such d i s t r i c t should be l i m i t e d to one thous-and i n h a b i t a n t s . In s h o r t , i t appears to me t h a t s e c t i o n s 9, 10 and 13 should be wh o l l y r e v i s e d to make them i n harmony w i t h each other. I am i n c l i n e d to the o p i n i o n t h a t a l e s s number than one thousand i n h a b i t a n t s of a d u l t age w i t h i n an area of one thousand square m i l e s , as provid e d i n the 13th s e c t i o n , might p r o p e r l y have the p r i v i l e g e of e l e c t i n g a member to the C o u n c i l . Both i n B r i t i s h Columbia and Manitoba there are s m a l l e r c o n s t i t u e n c i e s than h a l f the above number r e -prese n t s " . £0. This l a s t clause i s important, f o r a l l through the arguments f o r f u l l p r o v i n c i a l s t a t u s , the reference i s made 20. lieutenant-Governor l a i r d , to the M i n i s t e r of the I n t e r -i o r , January, 1, 1879. J o u r n a l s , 1879, Appendix A,p.25. 66 to the treatment of Manitoba and B r i t i s h Columbia. Beginn-i n g t h e i r e x i s t e n c e under the Hudson's Bay Company they pass-ed, by v a r i o u s methods to membership i n the Canadian Feder-a t i o n . Manitoba was cre a t e d a p r o v i n c e , B r i t i s h Columbia entered, and the Horth-West T e r r i t o r i e s grew u n t i l they had re-enacted w i t h i n t h e i r borders the s t r u g g l e s o f the M a r i t -imes and Canada, and then became members of the Dominion. The - question of r e p r e s e n t a t i o n was one f o r the Dom-i n i o n government t o s e t t l e , but the c o u n c i l was s t i l l anxious about i t s s c h o o l s . There was no thought yet about r e s p o n s i b l e government, the c o u n c i l being a l l appointed. " C o n t r o l of the purse" d i d not enter the s t r u g g l e u n t i l r e p r e s e n t a t i v e s of the s e t t l e r s were i n the m a j o r i t y , and there was some purse to c o n t r o l . Schools, however, were e s s e n t i a l i f the new community were to a t t r a c t s e t t l e r s , and while the c o n t r o l of immigration was i n the hands of the Dominion government, i t d i d l i t t l e i n the matter of education. A grant would be g i v e n when once the l o c a l a u t h o r i t i e s had taken the i n i t i a t i v e , but under the e x i s t i n g laws i t wad d i f f i c u l t t o a s c e r t a i n j u s t what powers r e s t e d w i t h the c o u n c i l l o r s . Ho matters of c o n s t i t u t i o n a l importance came before the c o u n c i l i n 1879. I t was s t i l l concerned w i t h i t s com-munications r e g a r d i n g schools; i t s marriage l i e a n s e s , which, by the way, formed the most l u c r a t i v e source of income d i r -21 e c t l y under the cou n c i l } f e r r i e s , p r a i r i e f i r e s , i n f e c t i o u s 21. R e c e i p t s , J u l y 9th, 1878 to September 26th, 1879. Marriage l i c e n s e s $16.00 F e r r y l i c e n s e s 4.00 Fin e s Under Ordinances 5.00 25.00 Jo u r n a l s , 1879, Appendix C, p. 32. 67 d i s e a s e s , sudden deaths, dangerous l u n a t i c s and matters e q u a l l y important to a growing community, but of l i t t l e concern to a Dominion f e e l i n g i t s way i n the f i e l d of i n t e r n a t i o n a l a f f a i r s . However, one important i t e m d i d appear i n the estimates f o r the North-West Government, 1879-80. One thousand d o l l a r s was 22 set down as " probable e l e c t i o n expenses". Settlement was becoming s u f f i c i e n t l y concentrated f o r the p r o v i s i o n s regard-i n g the e r e c t i o n of e l e c t o r a l d i s t r i c t s to come i n t o f o r c e , and a new era was dawning i n the government of t h a t unknown area between Red R i v e r and the Rockies. The l i e u t e n a n t - g o v e r -nor s t i l l l i s t e n e d to d i s c u s s i o n s r e g a r d i n g am appropriate r e p l y to h i s speech at the opening of c o u n c i l , but no l o n g e r were the ideas o r i g i n a t i n g i n Ottawa to be accepted w i t h thanks. From the time when the f i r s t e l e c t e d member took h i s seat un-t i l the c o u n c i l gave way to an assembly, there was a divergence of o p i n i o n , s l i g h t at f i r s t but g r e a t e r as years passed, be-tween appointed and e l e c t e d members. Ho meeting of the North-West C o u n c i l was c a l l e d i n 1880, as the l i e u t e n a n t - g o v e r n o r i s s u e d a proclamation on Nov-ember 13, of t h a t year, e r e c t i n g the e l e c t o r a l d i s t r i c t s of ELmberlfgy, S a l i s b u r y and l o r n e . On February 5, 1881, he i s s u e d another proclamation r e g u l a t i n g the proceedings of 23 e l e c t i o n s i n the North-West T e r r i t o r i e s , and eleven days a f t e r , 22. Estimates f o r North-West Government, 1879-80,Journals,1879, Appendix, p. 23. 23. " Bona f i d e male r e s i d e n t s and householders of a d u l t age, not being a l i e n s , or unenfranchised I n d i a n s " , who have r e s i d e d w i t h i n the e l e c t o r a l d i s t r i c t f o r at l e a s t twelve months immediately preceding, were e n t i t l e d to vote and to be e l e c t e d . 38 Y i c t . , chap. 49, s. 13 (3-4), S t a t u t e s , 1875, p. 265. 68 24 a w r i t was addressed to Sdoward R i c h a r d , s h e r i f f , commanding him to cause an e l e c t i o n to he h e l d i n the d i s t r i c t of Lome. Nomination of candidates was to take place on March 9, 1881, and as a r e s u l t of the f i r s t e l e c t i o n i n the North-West Ter-r i t o r i e s of Canada, Lawrence C l a r k e , Chief F a c t o r of the 25 Hudson's Bay Company at C a r l t o n took h i s seat on the c o u n c i l . Once erec t e d , Kimberly and S a l i s b u r y drop out of the p i c t u r e , f o r l a i r d r e c e i v e d n o t i f i c a t i o n t h a t an extension was to be 26 made i n the province of Manitoba, and tha t townships forming p a r t of the e l e c t o r a l d i s t r i c t s , would be i n c l u d e d w i t h i n the borders of t h a t p r o v i n c e . When the c o u n c i l met i n May 1881, L a i r d was f o r c e d to share honors w i t h C l a r k e . N e i t h e r missed a meeting, and 27 between them they i n t r o d u c e d a l l the b i l l s of the s e s s i o n . 24. I t i s i n t e r e s t i n g to note that R i c h a r d had p r e v i o u s l y p r a c t i s e d law i n Quebec w i t h S i r W i l f r i d l a u r i e r , and had been a member of the Canadian House of Commons. He was born i n an Acadian settlement i n Quebec, and man-i f e s t e d h i s i n t e r e s t i n the h i s t o r y of h i s f o r e f a t h e r s , by a study of " Acadia": M i s s i n g l i n k s of a l o s t Chapter i n American H i s t o r y " , 2 v o l s . , (Montreal, 1895.). 25. Lawrence C l a r k e : A not a r y p u b l i c and a j u s t i c e of the peace. F i r s t e l e c t e d member of the North-West Counc i l , he manifested h i s i n t e r e s t by an a c t i v e p a r t i c i p a t i o n i n i t s d i s c u s s i o n s . 26. 44 V i c t . , chap. 14. An Act to provide f o r the extension of the boundaries of the ProHinee og Manitoba.Statutes,1881,^ 27. I t was sheet i n t e r e s t i n the country t h a t kept Clarke %' there, f o r no settlement w i t h regard to the payment of e l e c t e d members was made t i l l 1884. I n Appendix C of the Jou r n a l s of tha t year, an e n t r y shows that the question o f an indemnity t o e l e c t e d members of the c o u n c i l r e c e i v e d a t t e n t i o n . I t was suggested they be p a i d $400.00 per annum out of the Consoljated Revenue Fund of Canada, and t h a t t h e i r t r a v e l l i n g expenses be taxed by the lieuten a n t - G o v e r n o r . 69 lew s u b j e c t s presented themselves; the study and p r a c t i c e of law i n the T e r r i t o r i e s , and medical examining boards, f o r by t h i s time the problems of the people were beginning t o change from those caused by mere n e c e s s i t y , to the s a t i s f a c t i o n of t h e i r d e s i r e f o r comfort. As i n other years the question of h a l f - b r e e d c l a i m s came before the c o u n c i l , and a memorial was forwarded to the Dominion government, to be duly acknow-ledged and f i l e d . l i e u t e n a n t - C o l o n e l Hugh Richardson, s t i p e n d i a r y mag-i s t r a t e l a i d before the c o u n c i l a statement c o n t a i n i n g h i s o p i n i o n w i t h regard to the l e g a l i t y of the l e g i s l a t i o n being enacted. Coming as i t d i d one day before the c o n c l u s i o n of business- June 10, 1881, i t made l i t t l e d i f f e r e n c e as f a r as a c t u a l work was concerned. Richardson had missed only arte 28 meeting, of the s e s s i o n up t o that time, so t h a t the t e l e g r a p h l i n e which was always out of order at convenient moments, must have been a c t i n g true to form, or e l s e the m a g i s t r a t e was very o b l i g i n g . The d i f f i c u l t y arose as a r e s u l t of s e c t i o n 95 of the lorth-West T e r r i t o r i e s A c t , 1880, which r e p e a l e d the A c t s of 1875 and 1877$ " except as to T Any duty accrued, r i g h t a c q u i r e d , or pen-a l t y , f o r f e i t u r e or l i a b i l i t y i n c u r r e d , or appointment made under the s a i d Acts or any of them or any offense committed under them". 29. The major problem was c r e a t e d by s e c t i o n 9 of the Act of 1880, 28. Meetings were h e l d from May 26 to June 11, 1881. He was absent Saturday, June 4. 29. S t a t u t e s , 1880, p. 192. 70 which provided; " That the Lieutenant-Governor i n C o u n c i l s h a l l have such powers to make Ordinances f o r the Government of the Horth-l e s t T e r r i t o r i e s as the Governor i n C o u n c i l may from time to time confer upon him, p r o v i d e d t h a t such powers s h a l l not at any time he i n excess o f those c o n f e r r e d by S e c t i o n s 92 and 93 of the B r i t i s h Horth America A c t , 1867, upon P r o v i n -c i a l L e g i s l a t i o n . So f a r as at present known, ( although advised that the s u b j e c t of c o n f e r r i n g powers under S e c t i o n 9 of the Act of 1880, has engaged the a t t e n t i o n of His E x c e l l e n c y the Gov-ernor i n Couneil,) no order under the S e c t i o n has been pass-ed c o n f e r r i n g powers upon the Lieutenant-Governor i n C o u n c i l to make Ordinances, which i n the o p i n i o n of the undersigned-ije. R i c h a r d s o n - i s necessary before His Honor the Lieutenant-Governor i n C o u n c i l can make Ordinances l e g a l l y , which opin-i o n he has e n t e r t a i n e d unchanged from f i r s t p e r u s i n g the Act of 1880". 30. App a r e n t l y the f e d e r a l a u t h o r i t i e s were not as p a r t i c u l a r r e -g a r d i n g l e g a l or c o n s t i t u t i o n a l matters as was the m a g i s t r a t e , f o r the Ordinances do not appear to have been d i s a l l o w e d . L a i r d ' s term of o f f i c e as l i e u t e n a n t - g o v e r n o r e x p i r e d i n December 1881, when he was succeeded by the Honourable Edgar Dewdney. The l a t t e r had been appointed I n d i a n Commis-s i o n e r two years e a r l i e r , when the o f f i c e was separated from t h a t of l i e u t e n a n t - g o v e r n o r of the T e r r i t o r i e s . I n dian a f f a i r s had r e c e i v e d scant a t t e n t i o n at Ottawa but i n 1879, an advance had been made by the c r e a t i o n , as a sub-department under the 31 M i n i s t e r of the I n t e r i o r , o f the Department of I n d i a n A f f a i r s , p r e s i d e d over by Edgar Dewdney, at t h a t time member of p a r l i a -32 ment f o r Y a l e , B r i t i s h Columbia. 30. S t a t u t e s , 1880, 169-170. 31. 32. Dewdney had been a c t i v e i n B r i t i s h Columbia i n the days of the g o l d rush, and i n 1865 had b u i l t a t r a i l which was a connecting l i n k through B r i t i s h t e r r i t o r y between the 71 In May 1882, on the suggestion of l o r d Lome, who had v i s i t e d the T e r r i t o r i e s i n the previous year, the Dominion government by O r d e r - i n - C o u n c i l , created f o u r p r o v i s i o n a l d i s -t r i c t s i n the North-West T e r r i t o r i e s , c h i e f l y f o r the conven-ience o f the Post O f f i c e Department. These r e c e i v e d the names 33 of A s s i n i b o i a , Saskatchewan, A l b e r t a and Athabasca. No meet-i n g of the North-West C o u n c i l was h e l d u n t i l August 1883. The choice of the southern route f o r the main l i n e of the Canadian P a c i f i c Railway, rendered i t u n d e s i r a b l e to r e t a i n B a t t l e f o r d as the c a p i t a l , and the que s t i o n of the l o c a t i o n of the s i t e now caused del a y . This was a l s o lengthened by the f a c t t h a t many d i s t r i c t s were ready f o r e r e c t i o n i n t o e l e c t o r a l c o n s t i -t u e n c i e s . Added to these problems a r i s i n g w i t h i n the T e r r i t -o r i e s themselves, were the doubts as to the c o u n c i l ' s powers. The Saskatchewan Herald o f f e r e d another e x p l a n a t i o n , the n d e c i s i o n not t o c a l l the C o u n c i l d u r i n g 1882 arose from the 34 " manifest e x p e c t a t i o n of the e a r l y c r e a t i o n of two provinces? Where these f e e l i n g s were experessed i s not known, f o r the Jou r n a l s c o n t a i n no d i s c u s s i o n s on the s u b j e c t . Dewdney met h i s f i r s t c o u n c i l and the f i f t h to be h e l d i n the North-West T e r r i t o r i e s , on August 20 , 1883. I t was the f i r s t meeting at the new c a p i t a l , Regina, f i n a l l y / s e l e c t e d 35 from v a r i o u s claimants f o r the honour. I t had been chosen 32. (con't.) coast and the Kootenays. 33 . See accompanying map. . . . . + , „ Q V 1 \ nnn-f-«ri 34. Saskatchewan Herald, 1 8 8 2 ,(exact date not g i v e n ) . Quoted by N. P. Hack, H i s t o r y of Saskatchewan and The Old N o r t h w e s t , (Regina, 1 9 1 3 . ) , p. 227 . 35 . Both Troy or South Qu'Appelle and Fo r t Qu'Appelle were 7£ "but i t took a wide as a c e n t r a l p o i n t f o r the t r a n s a c t i o n of b u s i n e s s , s t r e t c h of i m a g i n a t i o n f o r many to agree w i t h the li e u t e n a n t - g o v e r n o r ; " Eegina was considered the most f a v o r a b l e p o i n t and I t h i n k every day makes i t c l e a r e r t h a t the l o c a t i o n i s a wise one s i t u a t e d as i t i s i n the heart of one of the most f e r t i l e r e g i o n s of the T e r r i t o r i e s " . 36. To the m a j o r i t y i t was merely: " the p o i n t where the r a i l -" way crosses the P i l e of Bones Creek, about f i f t y m i l e s " southwest of F o r t Qu'Appelle and twelve m i l e s south of that " r i v e r , i n or near township eighteen, range twenty-one, 37. " west of the Second M e r i d i a n " . I n the c o u n c i l of 1833, s i x e l e c t e d members took t h e i r p l a c e s i n s t e a d of the one o f two years e a r l i e r . Captain 38 39 Day Hort Macdowall represented l o r n e ; F r a n c i s O l i v e r , Edmonton, 40 John Claude Campbell Hamilton, Broadview,Thomas Wesley Jackson 4con!t.:} ^ c o n s i d e r e d , but l i e u t e n a n t - Governor Dewdney 35. f i n a l l y s e l e c t e d Wascana or P i l e of Bones Creek. 36. J o u r n a l s , 1883, p. 6. 37. Saskatchewan H e r a l d , June £4, 1882; Quoted by Black, op. c i t . , p. ££8. 38. Captain Day Hort M a c d o i t a l l l accompanied General Middle-ton's force through the North-West R e b e l l i o n , and took charge of a p a r t y despatched by the General through r e b e l d i s t r i c t s from Humboldt t o P r i n c e A l b e r t . Sat i n the North-West C o u n c i l f o r l o r n e 1883-1885. Represented Saskatchewan i n the Dominion House. A Conserv a t i v e . 39. F r a n c i s O l i v e r : Born i n Ontario of I r i s h and E n g l i s h descent. Went to the west at e a r l y age. A merchant, j o u r n a l i s t and founder of tPhe Edmonton B u l l e t on. Re-presented Edmonton i n the North-West Cou n c i l s and Assemblies from 1883 to h i s r e s i g n a t i o n i n 1896, and l a t e r i n the Canadian House of Commons. From 1905 to 1911, he was M i n i s t e r of the I n t e r i o r and Superinten-dent General of I n d i a n A f f a i r s i n the law«r Cabinet. A l i b e r a l . 40. John Claude Campbell Hamilton: A J u s t i c e of the Peace f o r the County of A y r s h i r e , S c o t l a n d , h i s home, and a l i e u t e n a n t i n tne A y r s h i r e Yeomanry Cavalry. A farmer. Conservative. 72 41 42 f o r Qa'Appelle, W i l l i a m White f o r Regina ana James Hamilton 43 Ross f o r Moose Jaw. This meant t h a t there was a m a j o r i t y of one i n f a v o r of the e l e c t e d members, whose i n f l u e n c e was manifested i n a l e n g t h y memorial forwarded to Ottawa. Many of the r e q u e s t s were r e g a r d i n g l a n d p o l i c y ; the c o u n c i l want-ed more extended surveys; p r o t e s t e d against the l e a s i n g o f a r a b l e lands f o r g r a z i n g purposes; asked t h a t c a n c e l l e d home-steads should be reopened f o r e n t r y and not h e l d f o r s a l e ; wanted a c t i o n a b o l i s h i n g r e s e r v e s ; p r o t e s t e d a g a i n s t the pro-posed a b o l i t i o n of pre-emption r i g h t s , and d e c l a r e d t h a t the system of g r a n t i n g immense t r a c t s of lands to c o l o n i z a t i o n companies, was opposed to the i n t e r e s t s of the T e r r i t o r i e s . The c o u n c i l l o r s d e s i r e d i n c r e a s e d powers w i t h regard to the i n c o r p o r a t i o n of companies, and urged t h a t the t e r r i t o r i a l grant should be on a per c a p i t a b a s i s . The l a s t demand show-ed the growing d e s i r e f o r a share i n the f o r m u l a t i o n of Canadian p o l i c y : "16. Your M e m o r i a l i s t s b e l i e v e t h a t the success of the Horth-West T e r r i t o r i e s i s of such importance to the whole Dominion t h a t the time has a r r i v e d when r e p r e s e n t a t i o n f o r the T e r r i t o r i e s should be had i n Parliament.At the present time the people of the Horth-West are without represen-t a t i o n of any k i n d , and have to depend s o l e l y on P e t i t i o n s 41. Thomas Wesley Jackson: A b a r r i s t e r , f o r m e r l y a r e s i d -ent of Chatham, Ontario. 42. W i l l i a m White: A b a r r i s t e r , born at Hamilton Ontario. A Conservative. 43. James Hamilton Ross: Born i n Ontario, he went to the T e r r i t o r i e s i n 1882. A rancher. A c t i v e i n the c o u n c i l s and assemblies of the Horth-West T e r r i t o r i e s 1883-1901. Unsu c c e s s f u l candidate f o r Western A s s i n -i b o i a a t the Dominion g e n e r a l e l e c t i o n s of 1887. Commissioner of Yukon T e r r i t o r y , 1901, and e l e c t e d t o Canadian House f o r Yukon. Appointed,,to senate, 1904. A l i b e r a l . 73 44 and Memorials to make t h e i r wants known". When the c o u n c i l met at Regina i n J u l y 1884, the b a l -ance of power had been s h i f t e d f u r t h e r i n f a v o r of the e l e c t -45 ed members. Charles Borromee Roseau, S t i p e n d i a r y M a g i s t r a t e had been added to the number of appointed and e x - o f f i c i o mem-bers, but there had been two new e l e c t o r a l d i s t r i c t s c r eated, 46 Moose Mountain, re p r e s e n t e d by John G i l l a n d e r s T u r r i f f , a n d 47 Calgary whieh r e t u r n e d James l a v i d s o n Geddes. There were now s i x appointed and e x - o f f i c i o members and e i g h t e l e c t e d members. F r i c t i o n arose and many of the questions which were formed at t h i s time,remained unanswered u n t i l the coun-c i l gave way to.an assembly i n which was fought out the s t r u g -g l e f o r r e s p o n s i b l e government. A s e l e c t committee on finance was appointed and i n g i v i n g a supplementary r e p o r t , D. H. Maddowall d e c l a r e d : " Your Finance Committee advise t h a t t h i s C o u n c i l might w i t h 44. J o u r n a l s , 1883, p. 42. 45. -cCharles Borromee Rouleau: C a l l s d to the Bar of Quebec, h i s n a t i v e p r o v i n c e , i n 1864. Was d i s t r i c t m a g i s t r a t e f o r the D i s t r i c t of Ottawa from J u l y 12, 1876, u n t i l September 28, 1883, when he was appointed a s t i p e n d i a r y M a g i s t r a t e f o r the lorth-West T e r r i t o r i e s . 46. John G i l l a n d e r s T u r r i f f : Born i n Quebec of Scotch ances-t r y . A merchant and a notary p u b l i c . Represented Moose Mountain i n North-West Co u n c i l s and Assemblies 1884-1891. Un s u c c e s s f u l candidate i n East A s s i n i b o i a f o r Canadian House of Commons i n 1891, a g a i n s t Honourable Edgar Dewdney, M i n i s t e r of the I n t e r i o r . Commissioner of Dominion lands a t Ottawa, 1898 -1904. E l e c t e d to House o f Commons 1904-1908. 47. James Davidson Geddes: Formerly a r e s i d e n t of G a i t , O n t a r i o , where he was f o r some years employed i n the Merchant Bank. Engaged i n c a t t l e ranching. 74 p r o p r i e t y r a i s e the question as to what i s the nature of t h e i r Executive c a p a c i t y , and i t appears to your Committee tha t they are c a l l e d i n t o e x i s t e n c e i n t h e i r Executive cap-a c i t y , to a i d the Lieutenant-Governor i n the Government of these T e r r i t o r i e s , and th a t the expenditure o f the funds granted f o r the Government of the same should come w i t h i n the p r o v i n c e of such Executive C o u n c i l " . 48. When the question was put that the r e p o r t of the Finance Committee he cons i d e r e d , Frank O l i v e r moved, second-ed by J . H. Ross: " That the Report be not now r e c e i v e d but r e f e r r e d back to Committee f o r the purpose of s u b s t i t u t i n g the f o l l o w i n g to the Supplementary Report of the Finance Committee, namely: That a l l the words a f t e r " C o u n c i l " i n the f i r s t par-agraph of the Supplementary Report be s t r u c t , out and the f o l l o w i n g s u b s t i t u t e d , " should f o r t h w i t h a s s e r t i t s r i g h t s to the l e g i s l a t i v e and executive c o n t r o l of a l l matters r e l a t i n g t o the Government of the North-West T e r r i t o r i e s , such as i s e x e r c i s e d by r e p r e s e n t a t i v e l e g i s l a t i v e Bodies of a l l the P r o v i n c e s w i t h i n the B r i t i s h Empire as w e l l as of the Empire i t s e l f , and at once inform the M i n i s t e r of the I n t e r i o r f o r Canada, or such other M i n i s t e r or o f f i c -i a l as may be proper or necessary, of t h e i r d e s i r e to have the funds granted or to be granted by the Parliament of Canada f o r the expenses of Government i n the North-West, p l a c e d under t h e i r c o n t r o l as the r e p r e s e n t a t i v e s of the people of the North-West, i n s t e a d of i n the hands of the Kieutenant-Governor, as the r e p r e s e n t a t i v e of the Canadian Government i n these T e r r i t o r i e s , and that the sum now granted be f u r t h e r i n c r e a s e d f o r the f o l l o w i n g reasons: They conceive t h a t although the North-West has not been admitted i n t o Confederation as a P r o v i n c e , the people being governed d i r e c t l y from Ottawa are h e l d to be, as they h o l d themselves t o be, Canadians, they t h e r e f o r e are e n t i t l e d to be p l a c e d upon the same f o o t i n g , and t r e a t -ed as Canadians elsewhere i n Canada, whether the organi s -a t i o n provided f o r t h e i r l o c a l s e l f government i s c a l l e d a C o u n c i l or a l e g i s l a t u r e . 2. They co n s i d e r that the f a c t of t h e i r paying taxes to the Canadian Treasury which they do under the same laws, r u l e s , r e g u l a t i o n s and p r o v i s i o n s as the people of other p a r t s of Canada, proves that they are an i n t e g r a l p a r t of the country and not i n any/sense an outside or 48. J o u r n a l s , 1884, pp. 32-33. The money r a i s e d by T e r r i t o r -i a l Ordinances was p r a c t i c a l l y a l l turned over to the M u n i c i p a l i t i e s f o r l o c a l improvements. • c • • amir 75 dependent, or p a r t i a l l y independent p o r t i o n , and t h e r e f o r e having been c a l l e d upon to e x e r c i s e the f u n c t i o n s of l o c a l S e l f Government by the Parliament of Canada, they are en-t i t l e d to r e c e i v e a r e t u r n on the amount p a i d by them i n t o the F e d e r a l Treasury of a sum s i m i l a r to that r e c e i v e d by the v a r i o u s p r o v i n c e s comprising the Canadian Confederation, to be a p p l i e d to such purposes of l o c a l Government or pub-l i c improvement as they or t h e i r duly e l e c t e d r e p r e s e n t a t -i v e s . -7 . 3. Much l a r g e r p r o p o r t i o n of t a x a t i o n per head from the people o f the North-West, than from the people of other p a r t s of the country, and t h a t t h e r e f o r e the North-West i s e n t i t l e d to a p r o p o r t i o n a t e l y g r e a t e r subsidy per head, or r e t u r n upon taxes p a i d , than the people of other p o r t i o n s of the Confederation. 4. They s t i l l f u r t h e r urge that inasmuch as the l a n d s , timber and m i n e r a l s of the North-West are h e l d f o r s a l e by the Canadian Government, and the money r e s u l t i n g appro-p r i a t e d to the general uses of the country, and as i n a l l the p r o v i n c e s of the Confederation, except Manitoba these resources of revenue accrue to the l o c a l and not to the F e d e r a l Government—, which p l a c e s the l o c a l Government of the North-West a t a disadvantage i n the matter of funds compared w i t h the p r o v i n c e s , and as the p u b l i c works or im-provements or government of the North-Ftest out of l o c a l funds must n e c e s s a r i l y i n c r e a s e the value of l a n d h e l d w i t h -i n the T e r r i t o r i e s by the F e d e r a l Government—, i n j u s t i c e to the people of the North-West, who under other circum -stances w i l l have to pay from l o c a l funds, f o r the improve-ment of F e d e r a l l a n d s , a p r o p o r t i o n a t e i n c r e a s e of subsidy should be granted pending the t a k i n g over of such lands by the l o c a l Government of the North-West T e r r i t o r i e s a t some fu t u r e time. 5. ( Ask c o n t r o l of school l a n d s ) . This C o u n c i l d e s i r e s to d w e l l upon the urgency of im-mediate a c t i o n being taken to place the funds at present granted f o r expenses of government i n the North-West under t h e i r c o n t r o l f o r expenditure at t h i s Session i f C o u n c i l , as the people of the country d e s i r e the responsib-i l i t y t o be assumed a t once by the C o u n c i l , and a p p l i c a t i o n s are being r e c e i v e d d a i l y f o r the expenditure of funds upon most necessary p u b l i c works, which at present the C o u n c i l has no funds to c a r r y on. The question being put on amendment, i t was moved by K r * Zaokson, seconded by Mr. Macdowall, i n amendment to the amendment, " That whereas the s e v e r a l questions and s u b j e c t s d e a l t w i t h in-.:the amendment are a l r e a d y provided f o r by a r e f e r e n c e to the Executive C o u n c i l , i t i s not des-i r a b l e t o d e a l f u r t h e r w i t h the s u b j e c t " . And the question being put on the amendment Yeas, Messrs. Richardson,(A) Macleod,(A) Rouleau,(A) 76 Yeas, ( c o n T t . ) Breland, (A) I r v i n e , (A) l e @ 4 , (A) Macdowall, (j£) Hamilton, (JB) Jackson, ( 1 ) . - 9 . Hays, Messrs. O l i v e r , (E) Ross, (E), ( T u r r i f f , (E) Geddes, ( E ) . - 4. 49. Although the amendment to the amendment passed, and the statement of cla i m s made by a s e c t i o n of the c o u n c i l f a i l -ed to become o f f i c i a l , the a c t i o n was important. I t marked the beginning of a p e r i o d when the e l e c t e d members would r u l e . I t was only the s t r e n g t h of the appointed members, who voted s o l i d l y f o r the amendment to the amendment, which swung the vote . The e l e c t e d members were d i v i d e d ; three i n f a v o r and fo u r opposed. Again the powers of the Horth-West T e r r i t o r i e s C o u n c i l came i n t o question, t h i s time over the e r e c t i o n of e l e c t o r a l d i s t r i c t s . " On J u l y 29 i t was " ordered t h a t Mr. O l i v e r have leave to b r i n g i n a B i l l p r o v i d i n g f o r the e r e c t i o n of c e r t a i n E l e c t o r a l D i s t r i c t s i n the Horth-lfest T e r r i t o r i e s and the h o l d i n g o f e l e c t i o n s of members of the Horth-West C o u n c i l t h e r e i n " . 50. On August 1, Hayter Reed, appointed member and r e p r e s e n t a t i v e 49. J o u r n a l s , 1884, pp. 47-50. "A", s i g n i f i e s appointed members: "E", e l e c t e d members. Hot designated i n o r i g i n a l . Both I r v i n e and Reed r e c e i v e d appointments to the Horth-lfest C o u n c i l i n A p r i l 1882. l i e u t e n a n t - C o l o n e l Acheson G-osford I r v i n e : For s e v e r a l years, f o l l o w e d a m e r c a n t i l e c a r e e r i n Quebec, where he was born. Served under Wolseley, and l a t e r as a commissioner of the Horth-West Mounted P o l i c e , as-s i s t e d i n the suppression of the R e b e l l i o n of 1885. ^ e e d Hayter: A n a t i v e of Kingston, Ontario. Served as adjutant i n the P r o v i s i o n a l B a t t a l i o n of I n f a n t r y , on s e r v i c e i n Manitoba, Was f o r a time i n the out-side s e r v i c e of the Department of the I n t e r i o r , and was In d i a n Agent f o r B a t t l e f o r d D i s t r i c t . Appointed A s s i s t a n t I n d i a n Commissioner. 76 of the Standing Committee on M i s c e l l a n e o u s Subjects presented to c o u n c i l the f o l l o w i n g r e p o r t : " The Mise e l l a n e o u s Committee which has had before i t f o r c o n s i d e r a t i o n " An Ordinance p r o v i d i n g f o r the c r e a t i o n of n c e r t a i n E l e c t o r a l D i s t r i c t s i n the North-West T e r r i t o r i e s "and the h o l d i n g of e l e c t i o n s of Members of the Northwest " C o u n c i l t h e r e i n " ; t h i n k t h a t the same i s u l t r a v i r e s as i t c o n f l i c t s w i t h the 15th S e c t i o n o f the North-West T e r r i t o r -i e s A c t . 51. The s e s s i o n of 1885 l a c k e d some of the f i r e of tha t of the previous year. F i v e new e l e c t e d members appeared: Qu'Appelle and Regina each had two r e p r e s e n t a t i v e s and Moosomin, 5E Macleod and S a i n t A l b e r t r e t u r n e d members f o r the f i r s t time. 51. J o u r n a l s 1884, p. 71. 43 V i c t . , chap E5, s. 15, reads as f o l l o w s : " When and so soon as the lieutenant-Governor i s s a t -i s f i e d by such proof as he may r e q u i r e , that any d i s t r i c t or p o r t i o n of the North-West T e r r i t o r i e s , not exceeding an area of one thousand square m i l e s , contains a popul-a t i o n of not l e s s than one thousand i n h a b i t a n t s of a d u l t age, e x c l u s i v e of a l i e n s or unenfranchised Indians, the lie u t e n a n t - G o v e r n o r s h a l l , by Pr o c l a m a t i o n , e r e c t such d i s t r i c t or p o r t i o n i n t o an E l e c t o r a l ; i D i s t r i c t , by a name and w i t h boundaries to be r e s p e c t i v e l y d e c l a r e d i n the proclamation, and such e l e c t o r a l d i s t r i c t s h a l l hence-f o r t h be e n t i t l e d t o e l e c t a member of the C o u n c i l , or of the l e g i s l a t i v e Assembly, as the case may be", S t a t u t e s , 1880, p. 171. 5E. Members of the North-West C o u n c i l , 1885. lieu t e n a n t - G o v e r n o r : His Honor Edgar Dewdney. S t i p e n d i a r y M a g i s t r a t e s l i e u t e n a n t - C o l o n e l Hugh Richardson, and l i e u t e n a n t - C o l o n e l James E x - o f f i c i o Members : Farquharson Macleod, C. M. G., Charles Berromee Rouleau. Appointed Members ; P a s c h a l B r e l a n d , l i e u t e n a n t - C o l o n e l Aeheson Gosford I r v i n e , Hayter Reed. E l e c t e d Members: Moose Mountain Calgary Qu'Appelle John G i l l a n d e r s T u r r i f f . James Davidson Geddes Thomas Wesley Jackson , W i l l i a m D e l l P e r l e y 77 The r e p l y to Dewdney's speech a t the opening of the c o u n c i l , suggested t h a t the l i e u t e n a n t - g o v e r n o r was h e s i t a t i n g to create new e l e c t o r a l d i s t r i c t s , and r e f e r r e d p o i n t e d l y to the census which the c o u n c i l l o r s hoped would remove any doubts 52. ( c o n ' t . I Moose Jaw : James Hamilton Ross. Moosomin : Spencer Argyle Bedford. Regina : David F i n l a y J e l l y . : John Secord. Macleod : R i c h a r d Henry,Viscount Boyle. Edmonton : Herbert Charles Wilson. S a i n t A l b e r t : Samuel Cunningham. Broadview : Charles M a r s h a l l s a y . l o r n e : Owen Edward Hughes. Amedee E. Forget:, C l e r k . W i l l i a m D i l l P e r l e y : Born i n Hew Brunswick, of U n i t e d Empire l o y a l i s t descent. A member of the M u n i c i p a l C o u n c i l of Sunbarry, and chairman of the f i r s t M u n i c i p a l C o u n c i l of Wolseley. Sat i n the North- West C o u n c i l 1885-1887, and i n the Canadian House of Commons f o r A s s i n i b o i a 1887-1888 when he was c a l l e d to the senate. A Conservative. Spencer A r g y l e Bedford: Came to Canada from England i n 1863. Farmed i n Manitoba and the North-West T e r r i t o r -i e s . A c t i v e i n companies which promoted immigration. : In 1888 became superintendent of the Experimental Farm a i Brandon. P r o f e s s o r of F i e l d Husbandry i n the Manitoba A g r i c u l t u r a l C o l l e g e . David F i n l a y J e l l y : Born i n Ontario where he taught s c h o o l . S e t t l e d i n the North-West T e r r i t o r i e s 1882, where he engaged i n farming and stock r a i s i n g . An Independent. John Secord: C a l l e d to the Ontario Bar i n 1876. F i r s t c i t y c l e r k of Regina. Sat i n the c o u n c i l s and assem-b l i e s of the North-West T e r r i t o r i e s , 1885-1891. A Conservative. R i c h a r d Henry, Vicount Boyle: E l d e s t son of the E a r l of Shannon, i n the Peerage of I r e l a n d . For some time an o f f i c e r i n Her Majesty's R i f l e Brigade. Engaged i n c a t t l e r a n c h i n g . Herbert Charles Wilson, M. D. Born at P i c t o u , Ontario, of U n i t e d Empire l o y a l i s t descent, he went to the T e r r i t o r i e s i n 1888. F i r s t speaker of the North-West Assembly. R e t i r e d from p u b l i c l i f e i n 1891. A Con-s e r v a t i v e who pl a c e d the i n t e r e s t s of the west ahead of p a r t y . Samuel Cunningham: Born a t lake S t , Ann's, Saskatchewan D i s t r i c t , the son of a f u r - t r a d e agent of the Hudson's Bay Company. Engaged i n s t o c k - r a i s i n g and farming. 78 which he e n t e r t a i n e d r e g a r d i n g the p o p u l a t i o n of such d i s -t r i c t s . However, they expressed t h e i r confidence i n him to the extent that no new machinery was c r e a t e d f o r h i s s e c u r i n g advice d u r i n g r e c e s s : " We note your d e s i r e f o r some means of o b t a i n i n g the ad-v i c e and a s s i s t a n c e of the C o u n c i l d u r i n g r e c e s s and would recommend the l o c a l member should a s s i s t you d u r i n g recess w i t h any p a r t i c u l a r advice r e q u i r e d as to the p u r e l y l o c -a l matters concerning h i s D i s t r i c t e i t h e r p e r s o n a l l y or by l e t t e r " . 53. The u s u a l memorial was forwarded to the Dominion government, i n which the main demands were f o r power to i n c o r p o r a t e com-panies w i t h p u r e l y T e r r i t o r i a l o b j e c t s , the e x t e n s i o n to the T e r r i t o r i e s of the r i g h t s of Habeas Corpus, and the estab-lishment of a T e r r i t o r i a l court of appeals. T e r r i t o r i a l a f f a i r s had been very prominent i n the Dominion-Parliament i n 1885, though the debates r e s u l t e d i n 54 but l i t t l e good. M. C. Cameron, member f o r Huron Ontario had i n t r o d u c e d a b i l l f o r r e p r e s e n t a t i o n of the T e r r i t o r i e s 52. (con't.) Charles M a r s h a l l s a y : E n g l i s h . C o l l e c t o r of customs at South S h i e l d s . Entered department of I n l a n d Revenue 1868. A merchant and farmer. Appointed J u s t i c e of the Peace i n 1884. A member of the Board of Education. Owen Edward Hughes: Born i n England. One of the s e n i o r J u s t i c e s of the Peace f o r Keewatin and the Horth-West T e r r i t o r i e s . 53. J o u r n a l s , 1885, p. 46. 54. Malcolm C o l i n Cameron; Born a t P e r t h , Upper Canada,1832. Educated a t Knox C o l l e g e , Toronto, and c a l l e d to the Bar I n I860. P r a c t i s e d law i n Goderich, Ontario, and represented South Huron i n the House of Commons from 1867-1882, and West Huron from 1882-1887. Was r e e l e c t -ed f o r West Huron at b y e - e l e c t i o n i n January,1896, and at g e n e r a l e l e c t i o n s of the same year . A supporter of p r o v i n c i a l r i g h t s , and was opposed to the c o e r c i o n of Manitoba, though w i l l i n g t h a t any r i g h t s ot p r i v i l e g e s enjoyed by the C a t h o l i c s of Manitoba p r i o r to 1890, whichMiad been encroached on should be r e s t o r e d to them. 79 i n p a r l i a m e n t , but i t d i d not reach the l a t e r stages, Again, on November £7, he moved i n amendment to the motion that the house go i n t o committee of supply, "that the House should r e -" s o l v a i t s e l f i n t o Committee to c o n s i d e r the c o n d i t i o n s , com-p l a i n t s and demands of Manitoba, and the N o r t h West T e r r i t o r y , " w i t h a view to devise some means of remedying any w e l l found-55 "ed g r i e v a n c e s and complying w i t h any reasonable demands". He r e f e r r e d to the memorial of the North-West C o u n c i l , and d e c l a r e d t h a t many of the grievances s t i l l e x i s t i n g were worthy of s e r i o u s c o n s i d e r a t i o n . However, by the vote of f i f t y - s e v e n to f i f t y - n i n e , the government's p o l i c y was s u s t a i n e d and the lorth-West had to w a i t . By 1886, the q u e s t i o n of r e p r e s e n t a t i o n of the Terr-i t o r i e s i n the f e d e r a l parliament c o u l d no longer be d i s r e g a r d -ed. In t h a t year the B r i t i s h North America Act was f o r m a l l y amendedby an i m p e r i a l s t a t u t e , pursuant to a j o i n t address of the Dominion P a r l i a m e n t . The purpose of the amendment was to enable t h a t parliament to provide r e p r e s e n t a t i o n i n the 56 senate and house of commons f o r the T e r r i t o r i e s . The l a t t e r were g i v e n two r e p r e s e n t a t i v e s i n senate, and four e l e c t o r a l 54. (eon't.) Malcolm C o l i n Cameron: by the p r o v i n c e . On June 7, 1898, he was sworn i n as lieutenant-governor/of the North-West T e r r i t o r i e s , but d i e d s h o r t l y afterwards at Eegina, on September £6, 1898. A l i b e r a l . 55. Debates i n the Commons, 1885, p. 56. 49-50 V i c t . , chap.35. An Act r e s p e c t i n g the Representat-i o n i n the Parliament of Canada of T e r r i t o r i e s which for. the time being form p a r t of the Dominion of Canada, but are not i n c l u d e d i n any P r o v i n c e . A c t s of the Parliament of the U n i t e d Kingdom of Great B r i t a i n and I r e l a n d . Reg p r i n t e d i n S t a t u t e s , 1886, pp. V-VI. 80 d i s t r i c t s f o r Dominion purposes were c r e a t e d i n the North-57 West T e r r i t o r i e s . A l b e r t a r e t u r n e d D. V/. Davis; Saskatchewan e l e c t e d D. H. Macdowallwho had opposed the Honourable David L a i r d ; East A s s i n i b o i a sent W. D. P e r l e y and Hioholas F l o o d 58 S a v i n defeated James H. Ross i n West A s s i n i b o i a . The treatment of the T e r r i t o r i e s i n the framing of Dominion esti m a t e s , was d i s t i n c t l y more favorable than h i t h e r -59 60 t o . A change was a l s o made i n the a d m i n i s t r a t i o n o f j u s t i c e . The o l d system s t i p e n d i a r y m a g i s t r a t e s , subject to a p p e l l a t e j u r i s d i c t i o n of the Manitoba Court of Queen's Bench was a b o l -i s h e d . In i t s stead, f i v e j u d i c i a l d i s t r i c t s were e s t a b l i s h e d and a supreme court c o n s t i t u t e d c o n s i s t i n g of the Honourables Hugh Richardson, James F . Macleod, Charles B. Rouleau and 61 Edward L. Wetmore. 55f. Donald Watson Davis: Born and educated i n the State o f Vermont. I n 1870 s e t t l e d a t Macleod to trade w i t h the I n d i a n s . A merchant and ge n e r a l stock d e a l e r . A Conse r v a t i v e , w 58. H i c h o l a s F l o o d Davi#: (1843-1901) lawyer, j o u r n a l i s t and p o l i t i c i a n . I r i s h . Game to Canada 1872, and j o i n -ed the s t a f f of the Toronto Globe and l a t e r of the Toronto M a i l . In 1874 he was c a l l e d to the Ontario Bar and i n "the g e n e r a l e l e c t i o n s of 1878, was the un-s u c c e s s f u l Conservative candidate f o r the House of Commons i n Haldimand. In 1883 he went t o the North-West and e s t a b l i s h e d the Regina Leader, the f i r s t newspaper i s s u e d i n A s s i n i b o i a , and i n 1887 was e l e c t -ed member f o r West A s s i n i b o i a i n the House o f Commons. He continued to represent t h i s c o n s t i t u e n c y i n parliament u n t i l 190Q. A Conservative. 59. See Appendix f o r t a b l e showing f e d e r a l grant 1887-1899. 60. 49 V i c t . , c h a p . 25: An Act f u r t h e r to amend the law r e s p e c t i n g the North-West T e r r i t o r i e s . Assented to June £, 1886. Among other terms i t was enacted: 4. There i s hereby c o n s t i t u t e d and e s t a b l i s h e d i n and f o r the T e r r i t o r i e s a supreme court of r e c o r d and a p p e l l a t e j u r i s d i c t i o n , which s h a l l be c a l l e d " The Supreme Court of the North-West T e r r i t o r i e s " . ax In 1886, the weight of numbers was s t i l l f u r t h e r on the. side of the e l e c t e d members, f o r Calgary returned two 62 r e p r e s e n t a t i v e s i n place of one as f o r m e r l y . At l e a s t some 60. (con't.) 5. The Supreme Court s h a l l c o n s i s t of f i v e puisne judg-es, who s h a l l be appointed by the Governor i n C o u n c i l by l e t t e r s patent under the great s e a l . 6. Any person may be appointed a J" d^f the court who i s or has been a judge of a sup;e$i»» court of any Pro-vi n c e of Canada, a s t i p e n d i a r y magistrate of the Ter-r i t o r i e s or a b a r r i s t e r or advocate of at l e a s t ten years s t a n d i n g a t the bar of any such P r o v i n c e , or of the T e r r i t o r i e s . 7. "So judge of the court s h a l l h o l d any other o f f i c e of emolument under the Government of Canada, or any P r o v i n c e t h e r e o f , or of the T e r r i t o r i e s ; but t h i s pro-v i s i o n s h a l l not prevent the judges from being e l i g i b l e f o r appointment as members of the North-West C o u n c i l without emolument. S t a t u t e s , 1886, pp. 124-129. 61. Edward ludlow Wetmore: Born at F r e d e r i c t o n , lew Bruns-wick, of U n i t e d Empire l o y a l i s t descent i n 1841. C a l l e d to the bar i n 1864; Queen's C o u n c i l i n 1881. Royal Commissioner f o r c o n s o l i d a t i n g the S t a t u t e s of lew Brunswick. Puisne Judge, CourJ of ifche l o r t h -West T e r r i t o r i e s 1887-1907. Created Chief J u s t i c e of Saskatchewan September 16, 1907- twice a d m i n i s t r a t o r of government. Chairman of the Royal Commission f o r the R e v i s i o n and C o n s o l i d a t i o n of S t a t u t e s and Ordin-ances a f f e c t i n g Saskatchewan, 1906. 62. There were s i x appointed and f o u r t e e n e l e c t e d members^ Those e l e c t e d were: James Hamilton Ross. John G i l l a n d e r s T u r r i f f . W i l l i a m D e l l P e r l e y . Herbert Charles Wilson. R i c h a r d Henry, Viscount Boyle. Charles M a r s h a l l s a y . Samuel Cunningham. Owen Edward Hughes. David E i n l a y J e l l y . John Secord. John D. Lauder. Hugh S. Cayley. Robert Crawford. ( seeond member). John D. Lauder, M. D: Went to the lorth-West T e r r i t o r -i e s as a member of the Mounted P o l i c e , a n d a f t e r s e r v i n g f o r some years, r e t i r e d a n d took up h i s p r a c t i c e . Hugh S t . Quinton Cayley: Born i n Ontario where he Moose Jaw Moose Mountain Qu'Appelle Edmonton Macleod Broadview S a i n t A l b e r t lonaja Regina Calgary Qu'Appelle 82 s a t i s f a c t i o n was g i v e n by the f a c t t h a t c e r t a i n of the demands of the pre v i o u s year had been granted. l o t content to leave t h e i r memorial to the tender mercies o f u n i n t e r e s t e d and un-informed e a s t e r n members, the c o u n c i l had appointed Messrs. P e r l e y , Wilson and Ross, a l l e l e c t e d members, to v i s i t Ottawa and p l e a d i t s case. As a r e s u l t , seventeen of the twenty seven re q u e s t s had been agreed t o , i n c l u d i n g the r i g h t to i n -corporate companies w i t h T e r r i t o r i a l o b j e c t s , t h e j e s t a b l i s h -ment of a supreme c o u r t i n the T e r r i t o r i e s , and the d e c i s i o n that d i r e c t t a x a t i o n w i t h i n the T e r r i t o r i e s f o r l o c a l purposes was l e g a l . In h i s speech the l i e u t e n a n t - g o v e r n o r suggested a r e -v i s i o n of the present boundaries of the e l e c t o r a l d i s t r i c t s , w i t h a view to a more completely r e p r e s e n t a t i v e c h a r a c t e r being g i v e n t o the c o u n c i l . In answer to t h i s , the c o u n c i l d e c l a r e d : « We u n i t e i n b e l i e v i n g t h a t the time has come when th a t c h a r a c t e r should be g i v e n to the Gou n c i l which appertains to the L e g i s l a t i v e Assemblies of the o l d e r P r o v i n c e s . The census of the T e r r i t o r i e s , r e c e n t l y taken, seems tib show that a r e d i s t r i b u t i o n of E l e c t o r a l boundaries w i l l b r i n g the E l e c t i v e Members of the C o u n c i l up to that number which would bestow on the T e r r i t o r i e s the Assembly i n d i c a t e d i n 62. (con't.) Hugh S t . Quinton Cayley: r e c e i v e d h i s education i n c l u d -ingjgraduation from the U n i v e r s i t y of Toronto. Was en-gaged i n j o u r n a l i s m f o r some years, and took charge of the Calgary H e r a l d i n December 1884. L a t e r p r a c t i s e d law i n the same c i t y and i s a b a r r i s t e r of the North-West T e r r i t o r i e s and B r i t i s h Columbia t o which he l a t e r removed. I n the l a t t e r province he holds the o f f i c e of Judge of County Court( to be r e t i r e d i n October 1932). Premier of the T e r r i t o r i e s i n 1893. A Conserva-t i v e . Robert Crawford: Came to Canada i n 1849, and f i v e years l a t e r entered the s e r v i c e of the Hudson's Bay Company 83 the North-West T e r r i t o r i e s A c t . I t seems to he a matter o n l y of suoh d i s t r i b u t i o n of s e a t s , as w i l l leave no qual-i f i e d v o t e r i n the country unenfranchised, to secure the r e s u l t d e s i r e d by the framers of the A c t " . 63. Between the meetings of the c o u n c i l i n 1886 and 1887, l i t t l e m a t e r i a l change took p l a c e . There were no new e l e c -t o r a l d i s t r i c t s , and on the surface i t would appear that the c o u n c i l was i n e x a c t l y the same p o s i t i o n as p r e v i o u s l y . The l i e u t e n a n t - g o v e r n o r ' s speech, however, showed there was a changing a t t i t u d e a t Ottawa toward the people of the North-West. Had the a u t h o r i t i e s l e a r n e d a l e s s o n from the R e b e l l -ion? For y e a r s , memorials had been sent from the T e r r i t o r -i e s as to the p o l i c y i t was f e l t would best meet the h a l f -breed s i t u a t i o n . These suggestions had been disregarded, and as a r e s u l t there had been lo n g marches w i t h s k i r m i s h e s 64 at the end. Students have debated whether or not Great B r i t a i n l e a r n e d her l e s s o n from the American R e v o l u t i o n . Changing ideas and a l o n g p e r i o d of experience i n empire gov-ernment made p o s s i b l e a s o l u t i o n i n 1849 unthinkable i n 1783. 62. (con't.) Robert Crawford: as apprentice c l e r k . R e t i r e d i n 1878. A g e n e r a l merchant and postmaster a t Indian Head, No r t h West T e r r i t o r i e s . Paymaster to the commissariat and t r a n s p o r t s e r v i c e d u r i n g the R e b e l l i o n of 1885. 63. J o u r n a l s , 1886, p. 15. 64. Dr. N. F. B l a c k , op. c i t . , chaps. XXII-XXVII, g i v e s h i s account of the R e b e l l i o n of 1885 w i t h many v i v i d des-c r i p t i o n s not e n t i r e l y s a t i s f a c t o r y to some who were t h e r An i n t e r e s t i n g s i d e l i n e ! i s thrown on the question by the notes of an unknown commentator i n the copy i n the North-West C o l l e c t i o n of the P r o v i n c i a l l i b r a r y , V i c t o r i a , B. C This man who d e c l a r e s he was at Batoche, sneers at the " grand and noble a c t i o n " ( quoted by Black, op. c i t . , p. 324), and suggests there were no bayonets at Batoche and no need f o r any. 84 Canada had a l s o to l e a r n t h a t the T e r r i t o r i e s were determin-ed to seeure t h e i r f u l l s t a t u s , "but by this\time f e d e r a l author-i t i e s were beginning to take advice from those r e s i d e n t i n the area. 65 In h i s opening address to the c o u n c i l of 1887, l i e u -tenant- Governor Dewdney s t a t e d : " Although i n a l l p r o b a b i l i t y t h i s i s the l a s t Session of the North-West C o u n c i l , as at present formed, you w i l l be asked to c o n s i d e r some important matters; c h i e f among which w i l l be the changes necessary i n the c o n s t i t u t i o n of your Government. At the l a s t meeting of the Dominion P a r l i a m e n t two p r i v a t e b i l l s were i n t r o d u c e d d e a l i n g w i t h t h i s ques-t i o n , but the Government, being a t t h i s time unable to g i v e the matter the a t t e n t i o n i t deserved, decided to postpone i t s c o n s i d e r a t i o n and to continue the North-West C o u n c i l as then c o n s t i t u t e d f o r another S e s s i o n . I have been reques-te d to c onfer w i t h you upon the s u b j e c t , as i t was thought from your knowledge of the wishes of the people and the r e -quirements of the country, t h a t you could suggest some i n -expensive form of Government, which would give the people a g r e a t e r c o n t r o l over the management of t h e i r a f f a i r s and, 65. E l e c t e d Members Were: Moose Jaw :James H. Ross. Moose Mountain :John G. T u r r i f f . Moosomin :Spencer A. Bedford. Edmonton :Herbert C. Wilson. Whitewood :Charles M a r s h a l l s a y l d e c e a s e d Novsm-ber 5, 1887). S t . A l b e r t :Samuel Cunningham. P r i n c e A l b e r t :0wen E. Hughes. Regina :David P. J e l l y . :John Secord. Calgary :John D. l a u d e r . :Hugh S. Cayley. Qu'Appelle :Robert Crawford. : W i l l i a m Sutherland. Macleod : F r e d e r i c k W. G. H a u l t a i n . W i l l i a m Sutherland: Born i n Ottawa of S c o t t i s h parentage. S e t t l e d i n the Horth-West T e r r i t o r i e s i n 1881. A gen-e r a l merchant, and postmaster of Qu'Appelle since 1882. A Conservative. F r e d e r i c k W i l l i a m Gordon H a u l t a i n : Came tothe T e r r i t o r i e s i n 1884, where he was admitted as advocate and f o r a time, crown prosecutor at P o r t Macleod. From h i s e l e c -t i o n i n 1887, u n t i l 1905, he was a c t i v e i n the c o u n c i l s and assemblies of the Horth-West T e r r i t o r i e s . A Con-s e r v a t i v e . 85 by s u b d i v i d i n g the. whole of the T e r r i t o r i e s i n t o E l e c t o r a l D i s t r i c t s , would enable every S e t t l e r to have a voice i n the Government of h i s Qountry ." 66, The c o u n c i l l o r s were not slow to take advantage of the o p p o r t u n i t y , and a s p e c i a l committee, composed of a l l e l e c t -ed members of c o u n c i l and Mr. Hayter Reed, appointed, drew up a memorial which was presented by James H. Ross of Moose Jaw. Their document warrants quoting i n f u l l . I t was i n a sense, the g r e a t e s t achievement and the f i n a l f l o u r i s h of a body which, i n a decade, rose from being the mouthpiece of author-i t i e s i n Ottawa, i g n o r a n t of the c o n d i t i o n s w i t h which they were d e a l i n g , to the v o i c e of a s t e a d i l y growing p o p u l a t i o n , which had brought t r a d i t i o n s of self-government from t h e i r o l d to t h e i r new.homes, "The Memorial of the l i e u t e n a n t - G o v e r n o r of the Horth-West  T e r r i t o r i e s i n C o u n c i l to His E x c e l l e n c y the Governor-General i n C o u n c i l , Humbly sheweth th a t the present method of i n t r o d u c i n g l e g i s l a t i o n i n t o the Horth-West C o u n c i l has been proved by a number of years' experience to be u n s a t i s f a c t o r y and leads to an i l l - c o n s i d e r e d and i n c o n s i s t e n t body of l e g i s l a t i o n . And, f u r t h e r , that the method of d e a l i n g w i t h the p u b l i c funds at present i n f o r c e , i s one which excludes the people of the country from any c o n t r o l i n t h e i r d i s p o s a l ; And, t h a t i t i s considered by t h i s C o u n c i l that the time has a r r i v e d to remove t h e s e . d i f f i c u l t i e s ; How t h e r e f o r e your p e t i t i o n e r s pray; That at the next s e s s i o n of the Dominion Parliament l e g -i s l a t i o n be i n t r o d u c e d . F i r s t - To amend the C o n s t i t u t i o n of the H o r t h - l e s t C o u n c i l as h e r e i n a f t e r set f o r t h ; Second- To add the powers h e r e i n a f t e r mentioned to those a l r e a d y possessed bt t h r H o r t h - l e s t C o u n c i l . C o n s t i t u t i o n . Your p e t i t i o n e r s pray-(a) That the system of having appointed members i n the Horth-West C o u n c i l be a b o l i s h e d , and that the C o u n c i l 66. J o u r n a l s , 1887, p.7. 8 6 h e r e a f t e r "be p u r e l y e l e c t i v e and i n the f i r s t i n s t a n c e to c o n s i s t of Twenty-five members, to be e l e c t e d f o r the E l e c t -o r a l D i v i s i o n s set f o r t h i n the Schedule hereto: (b) That the members of the G o u n c i l be e l e c t e d f o r a term of f o u r years, and not f o r two years as at present;. (c) That the q u a l i f i c a t i o n of a v o t e r i n e l e c t i o n s f o r the Horth-West g o u n c i l be, t h a t (d) That the C o u n c i l be p r e s i d e d over by one of t h e i r own number; (e) That the Lieutenant-Governor c a r r y on h i s executive f u n c t i o n s by and w i t h the advice of an Executive C o u n c i l of t h r e e , who s h a l l be from time to time chosen and summoned by the Lieutenant-Governor and sworn i n as P r i v y C o u n c i l l o r s , and who s h a l l h o l d seats i n the Horth-West C o u n c i l . A d d i t i o n a l Powers. Your P e t i t i o n e r s pray-That the f o l l o w i n g p r o v i s i o n s of the B r i t i s h Horth America Act r e s p e c t i n g the Parliament of Canada; namely (a) The p r o v i s i o n s r e l a t i n g to A p p r o p r i a t i o n and Tax B i l l s , the recommendation of money votes, the Assent of B i l l s , the Disallowance of A c t s and the S i g n i f i c a t i o n of Pleasure on B i l l s r e s e r v e d - being S e c t i o n s 52, 54, 55 and 56 of the B r i t i s h H o r t h America Act s h a l l extend and be made a p p l i c -a b l e i n terms to the Horth-West C o u n c i l , w i t h the s u b s t i t -u t i o n of Lieutenant-Governor of the T e r r i t o r i e s f o r the Governor-General, and of the Governor-General f o r the Queen and f o r a S e c r e t a r y of S t a t e , and of one year f o r two y e a r s , and of the Horth-West T e r r i t o r i e s f o r Canada; (b) That the C o u n c i l should have power to amend i t s own C o n s t i t u t i o n from time to time." 67. The manner i n which t h e i r suggestions were put i n t o p r a c t i c e belongs to the next stage of the c o n s t i t u t i o n a l d e v e l -opment of the Horth-West T e r r i t o r i e s , P r o v i s i o n had been made by the North-Y/est T e r r i t o r i e s Act t h a t when the e l e c t e d r e p r e s -e n t a t i v e s reached twenty-one the c o u n c i l should terminate and a l e g i s l a t i v e j a s s e m b l y be c o n s t i t u t e d . Although t h a t number was not reached-fourteen-the c o u n c i l of 1887 was the l a s t . When . the Dominion Par l i a m e n t met i n February,1888, the Horth-West 68 T e r r i t o r i e s Act was passed a b o l i s h i n g the c o u n c i l and c r e a t i n g 67. The Memorial of the Lieutenant-Governor of the Horth-West T e r r i t o r i e s i n C o u n c i l to His Excellency the Governor-General i n C o u n c i l , Hovember 19, 1887. J o u r n a l s , 1887, pp. 72-73. 68. 51 ¥ict., chap. 19, An Act to amend the Revised S t a t u t e s 87 a l e g i s l a t i v e assembly. I t was to c o n s i s t of twenty-five 69 members, twenty-two to be e l e c t e d , and t h r e e , who should have no v o t e , chosen from the T e r r i t o r i a l j u d i c i a r y , to act as l e g a l e x p e r t s . A p p a r e n t l y at Ottawa, members considered that the m a j o r i t y i n the west were s t i l l " w i l d and w o o l l y " when i t came to c o n s t i t u t i o n a l p r a c t i c e . The assembly was g i v e n , by s t a t u t e , powers analgous to those of p r o v i n c i a l l e g i s l a t u r e s . , but sub-s t a n t i a l l y the same as those l a t t e r l y e x e r c i s e d by the North-West C o u n c i l under Orders i n C o u n c i l i s s u e d by the governor-g e n e r a l . The members were to be e l e c t e d f o r three years, but the assembly was to be s u b j e c t to d i s s o l u t i o n at the d i s c r e t -i o n of the l i e u t e n a n t - g o v e r n o r . P r o v i s i o n was a l s o made f o r an a d v i s o r y c o u n c i l of f o u r members, who, w i t h the l i e u t e n a n t -governor would c o n s t i t u t e an executive committee i n a l l matters of f i n a n c e . The assembly would h e n c e f o r t h conduct proceedings under the presidency of a speaker, e l e c t e d from among i t s members. The f e d e r a l government had found i t necessary to recognize the wishes of the e l e c t e d members of the T e r r i t o r i a l 70 C o u n c i l , As has been noted, t h i s meant the c r e a t i o n of an ' GS assembly, and apparently Ottawa accepted i t as t h a t : the terms of the Act suggest t h i s . However, to l e g i s l a t o r s i n the west 68. (con't.) of Qanada, chapter f i f t y , r e s p e c t i n g the North-west T e r r i t o r i e s , S t a t u t e s , 1888, pp. 1-8. 69. By the A c t , n i n e t e e n e l e c t o r a l d i s t r i c t s were csreated-see map-, three of which, Calgary, Edmonton and P r i n c e A l b e r t , were to r e t u r n two members each. 70. The Memorial of the lieutenant-Governor of the North-West T e r r i t o r i e s i n C o u n c i l to H i s E x c e l l e n c y the Governor-General i n C o u n c i l , November 19, 1887. J o u r n a l s , 1887, pp. 72-73. 88 i t was to mean more, f o r they had the B r i t i s h t r a d i t i o n behind them and were bound to c o n t r o l t h e i r e x e c u t i v e . The men who cou l d make the "great American d e s e r t " "blossom l i k e a rose" were going to show they c o u l d a l s o govern themselves, and the s t r u g g l e which they put forward f o r r e s p o n s i b l e government would have done c r e d i t to many an o l d e r community. 89 CHAPTER IT. THE STRUGGLE FOR RESPONSIBLE GOVERNMENT. "At the Grand. Remonstrance where the " contest f o r " 1 r e s p o n s i b l e government 1 may he s a i d t o have "begun, the " undercurrent was r e l i g i o n . In P r i n c e Edward I s l a n d two « e e n t u r i e s l a t e r i t was p a r t of ^ e t e r n a l l a n d q u e s t i o n 1 . n In the o l d province of Canada problems of patronage " ' the u n i v e r s a l t h i r s t f o r p l a c e ' , as Bagot w r o t e — p l a y e d " no s m a l l p a r t . I n the North-West T e r r i t o r i e s of Canada " f i f t y years l a t e r , the i s s u e turned l a r g e l y upon parliamen-t a r y technique the a p p r o p r i a t i o n of f e d e r a l s u b s i d i e s by 1 " the l o c a l Assembly". I n these l a s t few words P r o f e s s o r M a r t i n d i s m i s s e s the que s t i o n of the s t r u g g l e f o r r e s p o n s i b l e government i n what were l a t e r the P r a i r i e P r o v i n c e s . I t w i l l be the purpose of t h i s chapter to t r a c e the arguments which would l e a d one to such a c o n c l u s i o n . The p r i n c i p l e s which, were worked out i n the o l d e r c o l o n i e s of Great B r i t a i n were a p p l i e d i n the t e r r i t o r y under Canadian j u r i s d i c t i o n , and f o r the 8 l a i s s e z - f a i r e " a t t i t u d e of the B r i t i s h e r , was s u b s t i t u t e d the " l a n d complex" of the Canadian. To him the west was t h e " l a n d of o p p o r t u n i t y " . I t was a map, marked out i n t o squares c o n t a i n i n g s i x hundred a d d 1. Chester M a r t i n , Empire and Commonwealth, ( Oxford,1929.), P r e f a c e , p. V I . 90 f o r t y a c r e s , a quarter of which, would "be g i v e n fr e e as a homestead. The books of the p e r i o d r e f l e c t the a t t i t u d e : land,and Horth-West Mounted P o l i c e to keep the peace and pro-t e c t the p r o p e r t y . A p p a r e n t l y , no government was needed. The people o f the Horth-West thought otherwise. The l e g i s l a t i v e assembly which met at Regina on October 31, 1888, was i n a v e r y r e a l sense, the voi c e of the people. For the f i r s t time, a l l p a r t s of the T e r r i t o r i e s 2 were represented by e l e c t e d members, they were p r e s i d e d over 2. Moosomin Wallace ?/hitewood f S o u r i s ' l i a i s e l e y South Qu'Appelle # Horth Qu'Appelle #Horth Regina fSouth Regina pfoose Jaw Medicine Hat #Macleod # 0 a l e a r y Red Deer #Edmonton B a t t l e f o r d P r i n c e A l b e r t Batbche K i n i s t i n o James Ryerson H e f f . J o e l Reaman. Alexander G i l l a n Thorburn. John G i l l a n d e r s T u r r i f f . Benjamin Parkyn Richardson. George Suize Davidson. W i l l i a m Sutherland. David F i n l a y J e l l y . John Secord. James Hamilton Ross. Thomas Tweed. F r e d e r i c k W i l l i a m Gordon H a u l t a i n . John lineham. Hugh S t . Quentin Cayley. Robert George B r e t t . Herbert Charles Wilson. Frank O l i v e r . James C l i h k s k i l l . W i l l i a m P l a x t o n . John F. B e t t s . H i l l y a r d M i t c h e l l . James Hoey. R. B. Gordon, C l e r k . l e g a l E x p e r t s : - J udges of the Supreme Count of the Horth-West T e r r i t o r i e s . #Hugh Richardson. #James Farquharson.Macleod. #Charles Borromee Rouleau. #. Had p r e v i o u s l y h e l d seats i n the Horth-West Councils, James Ryerson Heff: Born i n Ontario of U n i t e d Empire l o y a l i s t descent. S e t t l e d i n the T e r r i t o r i e s i n 1883. A farmer. Member of the M u n i c i p a l C o u n c i l of Wentworth. A Con s e r v a t i v e . 91 by one of t h e i r own choosing- Herbert C. Wilson- Edmonton-and i n the e l e c t i o n s every q u a l i f i e d r e s i d e n t was allowed to e x e r c i s e the f r a n c h i s e . A t h i r d of the members had already served i t s a p p r e n t i c e s h i p i n the c o u n c i l s of the Horth-West T e r r i t o r i e s , and taken p a r t i n the drawing up of the memorial 2. (con't.) J o e l Reaman: Born i n Ontario , of U n i t e d Empire L o y a l -i s t descent. S e t t l e d i n Yorkton, Horth-West T e r r i t o r -i e s i n 1883. A farmer, m i l l e r , postmaster and l a n d agent f o r the York Farmer's C o l o n i z a t i o n Company. A Conservative. Alexander G i l l a n Thorburn: Came to Canada from S c o t l a n d i n 1856. A g e n e r a l merchant, j u s t i c e of the peace, s c h o o l t r u s t e e , and agent f o r Canada Horth-West l a n d Company. An Independent. Benjamin Parkyn Richardson: Born i n Ontario where he taught s c h o o l and l a t e r engaged i n farming and stock r a i s i n g . S e t t l e d i n the T e r r i t o r i e s 1884. A farmer and stock breeder. A Conservative. George Suize Davidson: Came to the T e r r i t o r i e s i n 1883 where he engaged i n the h o t e l business and farming. Thomas Tweed: Served under Woiseley i n 1870. s e t t l e d at Medicine Hat, 1883. A merchant and P r e s i d e n t of the Board of Trade. A Conservative. John lineham: Born i n Ontario, he came to the T e r r i t o r -i e s i n 1878, where he engaged i n business as a stock-d e a l e r . A Conservative. Robert George B r e t t ; M. D.: One of the i n c o r p o r a t o r s of the Manitoba M e d i c a l C o l l e g e . M e d i c a l d i r e c t o r of the Banff S a n i t a r i u m . A Conservative. James C l i n k s k i l l : A merchant and j u s t i c e of the peace. A C o n s e r v a t i v e . W i l l i a m P l a x t o n : Born i n O n t a r i o , where he engaged i n lumbering. A farmer. An Independent. John F e l t o n B e t t s : S e t t l e d a t P r i n c e A l b e r t , 1879. A merchant, j u s t i c e of the peace, member of the f i r s t c o u n c i l and a c t i n g mayor f o r a time. A Conservative. H i l l y a r d M i t c h e l l : Game to the T e r r i t o r i e s i n 1876, and engaged i n the f u r t r a d e . Took a c t i v e p a r t i n the Horth-West R e b e l l i o n . A m a g i s t r a t e and coroner. A Conservative. James Hoey: Came to Canada from I r e l a n d i n 1852. A farmer. Commanded a company of v o l u n t e e r s i n the R e b e l l i o n of 1885. A L i b e r a l Conservative. 9B to the Dominion government as to the manner i n which they d e s i r e d to he governed. With such a background i t was natur-a l t h a t the assembly should seek i t s f u l l r i g h t s , and readers of the J o u r n a l s are not to be d i s a p p o i n t e d . As e a r l y as 1884, the f i r s t o p p o s i t i o n t o the c o n t r o l of the expenditure by the l i e u t e n a n t - governor had become apparent. Members of the c o u n c i l a s s e r t e d t h e i r r i g h t s to l e g i s l a t i v e and executive c o n t r o l o f a l l matters r e l a t i n g to the government of the lorth-West T e r r i t o r i e s , such as was granted t o the l e g i s l a t i v e assemblies of the o l d e r provinces of Canada. Frank O l i v e r and James Hamilton Ross, had l e d the o p p o s i t i o n i n the form of an amendment to the Report of the Committee on Finance, i n framing the annual budget to be sent t o the f e d e r a l government, and both were present i n the Assembly of 1888. The e a r l i e r encounter had been only a p r e l i m i n a r y s k i r m i s h , p r e p a r i n g i t s p a r t i c i p a n t s f o r the " b a t t l e r o y a l " when a governor, b e a r i n g t h a t name, took the r e i n s of o f f i c e and attempted t o d r i v e . Climate a f f e c t s one's c h a r a c t e r , the c o l d e r r e g i o n s producing a race quick i n i t s movements. Quantity and qual-i t y of s o i l r e g u l a t e not only the method of farming but the w i d t h of the outlook of i t s c u l t i v a t o r s . The men of the west were accustomed to p l e n t y of room; vast f i e l d s where a few f e e t of l a n d made r e l a t i v e l y l i t t l e d i f f e r e n c e t o the s i z e of the crop, and unfenced ranges where c a t t l e roamed at w i l l . The same ide a was a p p l i e d to t h e i r p o l i t i c a l l i f e , and the 93 f i r s t meeting of the l e g i s l a t i v e assembly was marked by the r a p i d i t y w i t h which they made t h e i r demands, and the scope which these covered. I t i s an o l d maxim " I f you want a\thing done r i g h t , " do i t y o u r s e l f " . The r e p r e s e n t a t i v e s of the people of the North-West l o s t no time i n a p p l y i n g i t , and t o show t h e i r s p i r i t the speaker of the assembly addressed the l i e u t e n a n t -governor to the f o l l o w i n g e f f e c t : " May i t please your Honor: I beg to l a y c l a i m , on b e h a l f of the l e g i s l a t i v e Assembly of the Horth-Yfest T e r r i t o r i e s , to a l l our a n c i e n t p r i v i l e g e s , e s p e c i a l l y freedom of speech, access to Your Honor and t h a t the most f a v o r a b l e c o n s t r u c t i o n maylbe place d upon our proceedings". 3. A mere form worked out i n the o l d e r communities and repeated by r o t e a t the opening of t h e i r p a r l i a m e n t s . However, to the assembly a t Regina i t meant f a r more. Symbolism was used not only f o r i t s own sake as the t r a p p i n g s of the B r i t i s h c o n s t i t u t i o n a l p r a c t i c e , but the members were determined to copy the p r a c t i c e i t s e l f . R o y a l d e c l a r e d : " I n the p r o g r e s s i v e e v o l u t i o n of our present c o n s t i t u -t i o n towards thoroughly r e p r e s e n t a t i v e Government, you w i l l f i n d t h a t I am i n f u l l accord w i t h your l e g i t i m a t e a s p i r a t i o n s " . 4. The assembly, as has been noted, was a l r e a d y t r u l y r e p r e s e n t a t i v e , but the T e r r i t o r i e s had secured p a r l i a m e n t a r y i n s t i t u t i o n s without r e s p o n s i b l e government. This may have s a t i s f i e d the r a n c h e r fax : removed from settlement, but the r e p r e s e n t a t i v e s of the p o p u l a t i o n i n the growing communities 3. J o u r n a l s , 1888, p. 9. 4. J o u r n a l s , 1888, p. 9. 94 were determined, t o e x e r c i s e t h e i r r i g h t s . They were members of a B r i t i s h p a r l i a m e n t , d e s p i t e the f a c t t h a t they were i n a r e l a t i v e l y unknown p a r t of the Empire, and i n the f i g h t f o r the " c o n t r o l of the purse", they were p l a c e d i n the p o s i t i o n of waging a co n t e s t w i t h the l i e u t e n a n t - g o v e r n o r who represen-t e d the Dominion government. The r e p l y to the speech from the throne, foreshadows what i s to come l a t e r : « Your Honor's c a r e e r i n the past a f f o r d s us the happiest a n t i c i p a t i o n s as to the discharge as a c o n s t i t u t i o n a l Gover-nor, of your h i g h d u t i e s " . 5. I t was the o l d problem over a g a i n - " What were the d u t i e s of a c o n s t i t u t i o n a l governor?" To Royal, i t meant c a r r y i n g out the d i c t a t e s o f the Dominion government, under the a u t h o r i t y g i v e n him i n the Horth-West T e r r i t o r i e s Act, as he i n t e r p r e -ted i t . l i k e l o r d John R u s s e l l i n 1839, he wanted good gov-ernment, but t h a t d i d not mean the form used i n the o l d e r pro-v i n c e s . The former b e l i e v e d t h a t the governor should l i s t e n w i t h deference to the views of the assembly, but was not ob-6 l i g e d to f o l l o w them. Roy a l l i s t e n e d , but whether or not the phrase, " w i t h deference" can be a p p l i e d depends upon the c l a r i t y w i t h which one views the p a r t he played i n the s t r u g g l e of the next f i v e years. The assembly l e f t no room f o r doubt as t o i t s ideas of the p a r t i t expected to p l a y : " I t i s our earnest hope and d e s i r e t h a t our present 5. J o u r n a l s , 1888, p. 18. 6. 95 powers w i l l , "before next s e s s i o n , be so f a r extended as to give us the f u l l measure of r e s p o n s i b l e Government, which we b e l i e v e the country d e s i r e s " . 7. In t h i s l a s t statement may be seen i t s own a s p i r a t i o n s r a t h e r than the wishes of the great m a j o r i t y i n the country. As we have seen, thdmembers of the assembly p r i d e d themselves upon en j o y i n g the p r i v i l e g e s of those who belonged to the "Mother of P a r l i a m e n t s " - and were j e a l o u s l e s t any clause or i n t e r -p r e t a t i o n be p l a c e d upon an A c t t o l i m i t t h e i r powers.Struggl-i n g farmers f e a r e d l e s t f u l l r e s p o n s i b l e government would mean a g r e a t e r burden of t a x a t i o n to m a i n t a i n the o f f i c e s f o r which Ottawa was paying, but j u s t as a t an e a r l i e r p e r i o d i t was i m p o s s i b l e t o draw the l i n e between i m p e r i a l and domestic problems, so i t became imp o s s i b l e to separate Dominion and T e r r i t o r i a l , and the f i g h t was on. For t h i s very stormy s e s s i o n , i n which he had expect-ed the q u e s t i o n of the c o n s o l i d a t i o n of the Ordinances to r e -8 eeive " c h i e f a t t e n t i o n " , Royal chose as h i s a d v i s e r s , F. W. G. H a u l t a i n , member f o r Macleod, David F. J e l l y from N o r t h Regina, W i l l i a m Sutherland, N o r t h Qu 1Appelle, and H i l l y a r d M i t c h e l l of Batoche. Under the p r o v i s i o n s of s e c t i o n 13 of the North-West T e r r i t o r i e s Act of 1888, they were to be known 9 as " an a d v i s o r y c o u n c i l on matters 6t f i n a n c e " , but l i k e the question of what c o n s t i t u t e d l o c a l a f f a i r s , only f u t u r e s t r u g g l e s were to determine the meaning of t h i s term. 7. J o u r n a l s , 1888, p. 18. 8. J o u r n a l s , 1888, p. 9. 9. 51 Y i e t . , chap. 19, s. 13. S t a t u t e s , 1888, p. 3. 96 Memorials to the f e d e r a l government were s t i l l the accepted mode of making western i s s u e s known, and i f T e r r i t o r -i a l r e p r e s e n t a t i v e s l o s t touch w i t h t h e i r c o n s t i t u e n c i e s when i n the l a r g e r p o l i t i c a l arena, the language w i t h which l o c a l l e g i s l a t o r s jogged the memories of a p a t h e t i c o f f i c i a l s , was c l e a r and to the p o i n t . On November £8, 1888, the q u e s t i o n of embodying a demand f o r r e s p o n s i b l e government i n the memorial, was r a i s e d , and the r e p o r t of the committee which was presented on December 10, l e a v e s l i t t l e doubt as to the p o s i t i o n i n which the members found themselves, or the manner i n which they expected i t to be s o l v e d : " The Memorial Committee of the l e g i s l a t i v e Assembly of the North-West T e r r i t o r i e s to the Governor General-in-C o u n c i l showeth:-That although t h i s Assembly has been granted c o n t r o l of a l l expenditure f o r the c u r r e n t year, 111), yet the North-West T e r r i t o r i e s Act does not c l e a r l y give the Assembly that c o n t r o l of the moneys voted by the Dominion Government f o r the expenses of Government i n the T e r r i t o r -i e s , which, i n the o p i n i o n of t h i s Assembly, they are un-doubtedly e n t i t l e d t o . That there i s no permanent r e s p o n s i b l e body whose bus-i n e s s i t i s t o prepare l e g i s l a t i o n f o r the c o n s i d e r a t i o n of t h i s Assembly, and i n consequence i t s l e g i s l a t i v e f u n c t i o n s cannot be s a t i s f a c t o r i l y performed; f o r i n s t a n c e , the Assem-b l y has had to present an humble address to His Honor the l i e u t e n a n t Governor, p r a y i n g t h a t he may be pleased to appoint a Committee to d r a f t , during the recess,: c e r t a i n measures deemed a d v i s a b l e by the Assembly; measures which i t should be the duty of a l e g i s l a t i v e Government to submit. Therefore the Assembly recommends to His E x c e l l e n c y the Governor G e n e r a l - i n - C o u n c i l , t h a t f u l l r e s p o n s i b l e Govern-ment should be given to the T e r r i t o r i e s w i t h other powers, i n a d d i t i o n to those a l r e a d y possessed by the Assembly, 10. lieutenant-Governor R o y a l p e r m i t t e d the f e d e r a l grant f o r roads and b r i d g e s , e t c . , to be i n c l u d e d i n the sums d e a l t ! w i t h by the A p p r o p r i a t i o n Ordinance, No. 8, 1888. His a c t i o n was taken as a precedent, and many speeches i n the ensuing years r e f e r r e d to c o n d i t i o n s e x i s t i n g a t t h i s time. 97 granted "by the B r i t i s h N orth America Act to the P r o v i n c e s of Canada, w i t h the exceptions of the power to r a i s e money on the p u b l i c c r e d i t " . 11. F o l l o w i n g c l o s e l y upon the suggestion that the question of r e s p o n s i b l e government be r e f e r r e d to the Memorial Committee, — November 28, 1 8 8 8 — was the r e s o l u t i o n that a s p e c i a l com-m i t t e e be appointed to i n q u i r e i n t o the f i n a n c i a l arrangements e x i s t i n g between the Dominion government and the North-West T e r r i t o r i e s , w i t h a view to making a recommendation thereon. For t h i s important t a s k Messrs. O l i v e r , B e t t s , H a u l t a i n , Tweed and Cayley, the l a s t two being mover and seconder r e s p e c t i v e l y , were chosen. Their r e p o r t was submitted on December 11, and contained many arguments t h a t were to be r e i t e r a t e d numerous times d u r i n g the s t r u g g l e f o r p r o v i n c i a l s t a t u s and c o n t r o l of n a t u r a l r e s o u r c e s . The f i r s t c r i t i s i s m and suggestion which they had to make, concerned the a l l o t m e n t of the annual grant from Ottawa. Under the system i n vogue, the amount was g i v e n as a r a t e which l a p s e d a t the end of the f i s c a l year f o r which i t was voted. The committee recommended a d e f i n i t e grant, which should be p l a c e d a t the d i s p o s a l o f , and subject to the vote of , the North-West L e g i s l a t i v e Assembly. They considered that the sum being r e c e i v e d was t o t a l l y inadequate f o r the s e r v i c e s which they were expected to render, and put f o r t h causes w u b s t a n i a t i n g the view t h a t the T e r r i t o r i e s were en-t i t l e d to a l a r g e r subsidy. Foremost among these was the 11. J o u r n a l s , 1888, pp. 165-106. 98 f a c t f " That although the North-West T e r r i t o r i e s have not been admitted i n t o Confederation as a.Province, yet they con-s i d e r t h a t the f a c t of t h e i r paying taxes to the F e d e r a l Treasury under the same laws, r u l e s and r e g u l a t i o n s and p r o v i s i o n s as the people of other p a r t s of Canada, and hav-i n g been c a l l e d upon to e x e r c i s e the f u n c t i o n s of l o c a l self-government l l £ ) by the Parliament of Canada, they are e n t i t l e d to r e c e i v e a r e t u r n on the amount p a i d by them i n t o the F e d e r a l Treasury of a sum s i m i l a r to t h a t r e c e i v e d by 13 the v a r i o u s P r o v i n c e s comprising the Canadian Confederation". The committee argued t h a t a g r e a t e r p r o p o r t i o n of t a x a t i o n pe» head was being p a i d by the people of the T e r r i t -o r i e s than by r e s i d e n t s i n any other p a r t of Canada. Scat-t e r e d s e t t l e m e n t s , which the easterners c o u l d not understand, made the cost of a d m i n i s t e r i n g the government much l a r g e r i n p r o p o r t i o n to the p o p u l a t i o n than i n any other part of the 14 Dominion. They were h i n t i n g a t an argument which was to be well-worn i n years to come. The improvements f o r which pioneers were p e t i t i o n i n g the l o c a l assembly, were enhancing the l a n d owned by the Dominion. Why should f e d e r a l author-i t i e s not pay towards such work, when a p o t e n t i a l unearned increment was being b u i l t u p l Furthermore, Canada was secur-i n g the revenue o r d i n a r i l y a c c r u i n g to the provinces as an income from l a n d s , timber and m i n e r a l s , Manitoba, the o n l y province denied t h i s source of revenue, having been g i v e n a 1£. These men were shrewd. They had asked f o r an assembly, but s i n c e the e n a c t i n g of g r a n t i n g i t came from the Dominion, why not l e t the f e d e r a l a u t h o r i t i e s pay f o r i t ? 13. J o u r n a l s , 1888, p. 110. 14. With the f i g u r e s a v a i l a b l e , i t i s p r a c t i c a l l y i mpossible to check the t r u t h of t h i s statement. Judging from the p e r i o d a f t e r 1905, one wonders i f B r i t i s h Columbia might not be a p o s s i b l e e x c e p t i o n . 99 grant i n l i e u of lands i n 188S. The assembly d i d not conf i n e i t s e l f to merely theor-e t i c a l arguments "Which were to "bear f r u i t i n the f u t u r e . Take the c o u n c i l before i t , c o n s i d e r a t i o n was g i v e n to the matter Of homesteads and h a l f - b r e e d c l a i m s . The r e p o r t of the com-mi t t e e appointed to r e v i s e and c o n s o l i d a t e the Ordinances of IS the Horth-West C o u n c i l was r e c e i v e d and d i s c u s s e d . The assem-b l y was s t i l l anxious r e g a r d i n g the l i q u o r t r a f f i c . Hot content w i t h the o l d powers of p u t t i n g a f e d e r a l law i n t o oper-a t i o n , the members were d e s i r o u s of p a s s i n g an Ordinance f o r t a k i n g a vote on the q u e s t i o n o f l i c e n s e versus p r o h i b i t i o n . The l e g a l e x p e r t s , appointed under a u t h o r i t y from Ottawa to see t h a t the " s m a l l town p o l i t i c i a n s " d i d not s t r a y too f a r 16 from the accepted c o n s t i t u t i o n a l path, decided t h a t the assem-17 b l y had not the power to pass such an Ordinance. The d i s -c u s s i o n continued i n s p i t e of such an encouraging r e p o r t , and a f t e r adding t h i s item t o an al r e a d y l e n g t h y memorial, i t was r e s o l v e d t h a t i n the o p i n i o n of the assembly, a vote should immediately be taken on the question of l i c e n s e or p r o h i b i t i o n , 15. Honoura le Mr. J u s t i c e Richardson and A. E. Forget. 16. U n f o r t u n a t e l y , f o r the comfort of lieutenant-Governor R o y a l and^federal o f f i c i a l s , western members knew the t r a d i t i o n s of p a r l i a m e n t a r y procedure too w e l l . 17. The l e g a l experts were w i l l i n g t o concede some powers to the l o c a l l e g i s l a t u r e , f o r on Hovember 6, Mr. J u s t i c e Richardson, speaking f o r h i m s e l f and c o l l e a g u e s , J . F. Macleod and C. B. Rouleau, " r e p o r t e d that i n " t h e i r o p i n i o n , the r i g h t of determining a l l matters ,T r e l a t i v e to i t s own E l e c t i o n s i s inherent i n the assem-" b l y " . J o u r n a l s , 1888, p. 17. The question arose as the r e s u l t of a p e t i t i o n a g a i n s t the r e t u r n of H i l l y a r d aaad M i t c h e l l f o r Batoche. 100 and that i f p r o v i s i o n f o r t a k i n g such vote were not made i n the next s e s s i o n of the Dominion parliament, powers s i m i l a r to, those enjoyed by the p r o v i n c e s should be granted to the assembly. The house d i v i d e d , t h i r t e e n t o seven on the ques-18 t i o n , whieh, was passed. Before the s e s s i o n ended, the assembly presented i t s supply h i l l and r e c e i v e d assent i n the manner u s u a l i n pro-ceedings where r e s p o n s i b l e government i s the r u l e : " We humbly beg to present f o r Your Honor's acceptance a B i l l i n t i t l e d , 1 An Ordinance f o r g r a n t i n g t o Her Majesty 1 c e r t a i n sums of money to d e f r a y the expenses of the p u b l i 1 s e r v i c e of the T e r r i t o r i e s 'thus p l a c i n g at the d i s p o s a l of the Grown the means by which the Government can be made e f f i c i e n t f o r the s e r v i c e and w e l f a r e of the Ter-r i t o r i e s . The R o y a l Assent to t h i s B i l l was announced by the C l e r k of the L e g i s l a t i v e Assembly i n the f o l l o w i n g words: 'His Honor the L i e u t e n a n t Governor doth thank Her ' Majesty's d u t i f u l and l o y a l s u b j e c t s , accepts t h e i r ben-' evolence, and assents, to t h i s B i l l i n Her Majesty's I name.' " 1 9 . Again i t may be s a i d , " mere form", but n e v e r t h e l e s s i t was a form which was to be taken as a preeedent i n the l a t e r s t r u g g l e . Before d i s s o l v i n g the assembly, Royal de-c l a r e d t h a t he had no cause to r e g r e t the f a c t t h a t he had given them as l a r g e a share of r e s p o n s i b i l i t y as p o s s i b l e . 18. Yeas, Messrs. #Haultain, f< M i t c h e l l , ^Sutherland, P l a x t o n , Hoey, Richardson, H e f f , B r e t t , Tweed, Cayley, Lineham, Davidson, B e t t s . 13. Hays, Messrs. # J e l l y , Reaman, Thorburn, O l i v e r , Secord, T u r r i f f , Ross. 7. Those whose names are marked were members of the a d v i s -ory c o u n c i l on f i n a n c e . 19. J o u r n a l s , 1888, pp. 118-119. 101 He may not have r e g r e t t e d the a c t i o n , but d u r i n g t h i s s e s s i o n were sown the seeds which must have caused him many anxious hours. The ground was prepared e a r l i e r , d u r i n g the regime of h i s predecessor i n the days of a c o u n c i l , but i n h i s f i v e year tenure of o f f i c e , R o y a l was to reap the harvest. The s t r u g g l e was continued i n the s e s s i o n of 1889, w i t h the l i e u t e n a n t - g o v e r n o r t a x i n g the stand more i n accord 20 w i t h the p r e v a i l i n g o p i n i o n a t Ottawa, and the assembly show-i n g g r e a t e r p e r s i s t e n c e than ever. E a r l y i n the s e s s i o n H. S. Cayley asked the a d v i s o r y c o u n c i l i f i t had s i g n i f i e d i t s wish, as a d v i s e r t o the l i e u t e n a n t - governor i n matters of f i n a n c e , to prepare, i n c o n j u n c t i o n w i t h him, the estimates f o r the year 1889-90, and to submit the same to the assembly before forwarding to Ottawa. F. W. G. H a u l t a i n , r e p l i e d t h a t the c o u n c i l had not expressed any such wish to the Honourable Joseph R o y a l , but t h a t the l a t t e r had been i n the h a b i t of a s k i n g the a s s i s t a n c e of the c o u n c i l i n p r e p a r i n g the estim-a t e s . As regards l a y i n g the matter before the assembly, such was i m p o s s i b l e , s i n c e the estimates were a p u r e l y departmental a f f a i r , and c o u l d not be p u b l i s h e d pending t h e i r t r a n s m i s s i o n to the M i n i s t e r of the I n t e r i o r . On October 28, 1889, on motion of H. S. Cayley, second-ed by Thomas Tweed, a s p e c i a l committee c o n s i s t i n g of Messrs. O l i v e r , Ross, H a u l t a i n , and the mover and seconder, was 20, During the recess h i s a c t i o n s had been c r i t i c i z e d by S i r John A . Macdonald. 10S appointed, t o draw up a memorial to the Dominion government on matters a f f e c t i n g the T e r r i t o r i e s , p a r t i c u l a r l y w i t h r e -gard to l e g i s l a t i o n r e l a t i n g t o the same. Before the r e -p o r t of t h i s committee was r e c e i v e d , r o u t i n e was upset by the r e s i g n a t i o n of the a d v i s o r y c o u n c i l . Mr. F. W..G. H a u l t a i n r e p r e s e n t i n g t h a t body, d e c l a r e d , on October £9: " I have to announce to the House on b e h a l f ot the Advis-ory C o u n c i l that we have tendered our r e s i g n a t i o n to His Honor, the L i e u t e n a n t Governor, and I am a u t h o r i z e d to s t a t e t h a t H i s Honor has been pl e a s e d to accept i t " . E l . In s t a t i n g i t s p o s i t i o n to the l i e u t e n a n t - governor, the a d v i s o r y c o u n c i l , p o i n t e d out t h a t i t recognized the d i f -f i c u l t y i n which he was p l a c e d by the t r a n s i t o r y , p e r i o d through which the T e r r i t o r i e s were p a s s i n g . The members r e -f e r r e d t o the departure from h i s p o l i c y of the previous year, and d e c l a r e d t h a t they c o u l d not accept r e s p o n s i b i l i t y f o r such a c t i o n s . They showed t h a t they were more s e n s i t i v e t o c r i t i c i s m from members of the house than would be customary under a completely r e s p o n s i b l e system of government. They were ready to acknowledge the generous s p i r i t i n which His Honor y i e l d e d c o n t r o l i n matters which he b e l i e v e d were en-t i r e l y w i t h i n h i s own p e r s o n a l p r o v i n c e . " But i n so important a matter as the c o n s t r u c t i o n of the Act under which we have our e x i s t e n c e as a C o u n c i l , such a grave d i f f e r e n c e o f o p i n i o n can only l e a d to f r i c t i o n , which must i n e v i t a b l y d e s t r o y our u s e f u l n e s s . We t h e r e f o r e tender our r e s i g n a t i o n s , because we can-not continue to work under a system i n which our most im-p o r t a n t powers are only granted to us i n the form of concessions, and because we are u n w i l l i n g to accept respons-i b i l i t y without a corresponding r i g h t of c o n t r o l . We b e l i e v e t h a t our withdrawal from the C o u n c i l w i l l E l . J o u r n a l s , 1889, p. 43. 103 tend to b r i n g about a more d e f i n i t e understanding with, r e -gard to the v a r i o u s powers and a u t h o r i t i e s of the T e r r i t -o r i e s , and we can assure your Honor that our successors, i f t r u e to the g e n e r a l p o l i c y o u t l i n e d by y o u r s e l f l a s t year, w i l l always r e c e i v e from us a l o y a l and generous support". 22. On October 31, 1889, as a r e s u l t of a motion by F. W.G. H a u l t a i n , seconded by W i l l i a m Sutherland, i t was, " Resolved t h a t Messrs. O l i v e r , Tweed, Ross, Cayley, J e l l y , and the mover and seconder, be a S e l e c t Committee to c o n s i d e r and r e p o r t on;-1. The p o s i t i o n of the A d v i s o r y C o u n c i l and the Assembly w i t h r e g a r d to the Dominion g r a n t . 2. The mode i n which the s a i d grant i s now made. 3. What recommendation ( i f any) should be made by the Assembly to the Lieutenant-Governor the M i n i s t e r of the I n t e r i o r and the Governor-Genera1-in-Council, as to the H o r t h - l e s t vote f o r next S e s s i o n " . 23. A new c o u n c i l assumed the r e i n s of o f f i c e on November 5, when Royal communicated to the assembly, t h a t he had chosen R. G. B r e t t o f Red Deer, J . F. B e t t s , P r i n c e A l b e r t , D . F . J e l l y , N o r t h Reginaj and B. P. Richardson, Wolseley, as h i s a d v i s o r s . The statement made by B r e t t suggests that t h i s group would work " hand-in-glove" w i t h the l i e u t e n a n t - g o v e r n o r : " The C o u n c i l of H i s Honor's A d v i s o r s , formed under the Law, w i l l e x e r c i s e the f u n c t i o n s , o f an Executive i n matters a f f e c t i n g the T e r r i t o r i a l Finances o n l y , as w e l l as i n the discharge of the d u t i e s a s s i g n e d by the Ordinances to the Lieutenant Governor i n C o u n c i l " . 24. B r e t t d e c l a r e d t h a t the l i e u t e n a n t - g o v e r n o r was prepared to go f u r t h e r , and intended " t o continue i n c o n s u l t i n g and seeking the advise of the 22. A d v i s o r y C o u n c i l to Lieutenant-Governor Royal, October 29, 1889. J o u r n a l s , 1889, p. 142. R e p r i n t e d i n Oliver,11,1102. I n t a l i c s not i n o r i g i n a l . 28. J o u r n a l s , 1889, p. 47. 24. Journals,1889,p.144. R e p r i n t e d i n O l i v e r , I I , 1104. • 104 mm advice of the C o u n c i l upon a l l matters of p u b l i c a f f a i r s , and to comply, as i n the past, w i t h the recommendations of the House i n a l i b e r a l and c o n s t i t u t i o n a l s p i r i t " . 25. The statement made by B r e t t concerning the powers which the c o u n c i l were to e x e r c i s e , brought f o r t h a prompt r e -proof from the assembly. Some of the members t r i e d to smooth over the d i f f i c u l t y by n b e a t i n g about the bush", but were over r i d d e n . The wording of the v a r i o u s motions demonstrates the s p i r i t of the assembly: " Moved by Mr. C l i n k s i l l , seconded by Mr. Thorburn, That the p o s i t i o n assumed by the Ad v i s o r y C o u n c i l as set out i n the statement of t h e i r l e a d e r , when announcing the same, was assumed c o n t r a r y to the wishes of t h i s Assem-b l y , and the A d v i s o r y C o u n c i l do not possess the confidence of t h i s Assembly. And the q u e s t i o n being put on t h e s a i d motion,Mr. Rearaan moved, seconded by Mr. P l a x t o n , t h a t a l l the words a f t e r the word * same* be s t r u c t out and the f o l l o w i n g s u b s t i t u t e d t h e r e f o r : ' appears t o be a step not i n the d i r e c t i o n of 1 r e s p o n s i b l e government, as formerly h e l d , t h e r e f o r e , t h i s 1 Assembly views w i t h r e g r e t the p o s i t i o n n e c c e s s a r i l y taken ' by the A d v i s o r y C o u n c i l 1 V. 26. 27 F o l l o w i n g a debate, the amendment passed i n the negative. 25. J o u r n a l s , 1889, 26. J o u r n a l s , 1889, 27. Yeas, Messrs. # B e t t s , P l a x t o n , Hays, Messrs. 144. R e p r i n t e d i n O l i v e r , I I , 1104. 74. #Richardson, Reaman, Secord. 8. Heff, Cayley, Davidson, C l i n k s i l l , 13. Sutherland, lineham, O l i v e r , Ross, B r e t t , J e l l y , Hoey, Thorburn, Tweed, H a u l t a i n , T u r r i f f , M i t c h e l l . J o u r n a l s , 1888, p. 75. # s i g n i f i e s members of the a d v i s o r y c o u n c i l . The f i g u r e s 13 and 8 do not mean as much as i f the mem-bers on the c o u n c i l had not voted: f o u r out of the e i g h t who were i n f a v o r of the motion, were t r y i n g to prevent the p a s s i n g o f a vote of want of confidence i n themselves, 105 With, the way thus cleared, the vote was taken on the original 28 motion, and passed thirteen to eight, or, i f we omit those who were interested because of their position, thirteen out of seventeen members of the house had lost confidence i n the lieutenant-governor's advisors. In spite of i t s earlier stand on the subject of powers, the advisory council responded to the above vote i n the accepted constitutional manner, by resigning. On Novem-ber 11, R. E. Brett, for the advisory council, declared, i n a l e t t e r to lieutenant-Governor Royal: " I beg leave to tender Your Honor my resignation and that ©f my colleagues. While believing the position we have taken on this ques-tion i s i n s t r i c t accordance with law and the Interests of the Territories, at the same time we feel you are entitled to this action on our part". 29. This statement, together with the reply which i t received, was l a i d before the assembly on November 12, 1889. Royal refused to abide by the wishes of his councillors " i n the " absence of any act showing they had proved themselves un-30 " worthy of the trust reposed i n them". He declared: " T e r r i t o r i a l matters alone are intended by the statute to be placed under the control of the Assembly, and i t i s only i n the event of your administering such affairs i n opposition to the wishes of a majority of the House that your resignation as Members of the Executive can be enter-tained". 31 28. Position on amendment just reversed. 29. 1. G. Brett to lieutenant- Governor Royal, November 11,1889. Journals, 1889, p. 82. Reprinted i n Oliver, II, 1104. 30. lieutenant-Governor Royal to R. G. Brett,November 12,1889. Journals, 1889, p. 83. Reprinted i n Oliver, II, 1105. 31. Lieutenant-Governor Royal to R. G. Brett,November 12,1889. Journals, 1889, p. 83. Reprinted i n Oliver,II, 1105. 106 The l i e u t e n a n t - g o v e r n o r soon found the way "blocked, 32 f o r on November 14, the assembly by a vote of twelve to seven, r e f u s e d to c o n s i d e r any f u r t h e r supply u n t i l t hat voted i n the 33 p r e v i o u s year had been p r o p e r l y accounted f o r . The f o l l o w i n g day an address was forwarded to lieutenant-Governor Royal , a s k i n g t h a t he accept the r e s i g n a t i o n of the c o u n c i l , and s e l e c t members who possessed the confidence of the assembly. In l a y i n g the matter before h i s s u p e r i o r , B r e t t d e c l a r e d t h a t he and h i s c o l l e a g u e s of the a d v i s o r y c o u n c i l were s t i l l of the o p i n i o n t h a t they c o u l d not be h e l d r e s p o n s i b l e f o r the expenditure of Dominion funds. However, they d i d b e l i e v e t h a t the c o u n c i l should possess the confidence of the house , 32. Yeas, Messrs. Thorburn, H e f f , Sutherland, Tweed, Cayley, lineham, Davidson, O l i v e r , Ross, C l i n k s i l l , M i t c h e l l H a u l t a i n . 12. Hays, Messrs. B r e t t , Richardson, B e t t s , J e l l y , Reaman, Hoey, Secord. 7 J o u r n a l s , 1889, p. 94. As was to be expected the c o u n c i l voted a g a i n s t the mot-i o n . P a r t i e s d i d not e x i s t i n the T e r r i t o r i e s , and f e d e r a l a f f i l i a t i o n s d i d not determine the stand taken by members, f o r a l l were Conservatives - H a u l t a i n , l i b -e r a l Conservative- w i t h the e x c e p t i o n of Messrs. Thorburn, O l i v e r and J e l l y , Independents, Ross de s c r i b e d as a " Reformer", and Davidson whose p o l i t i c s were not d i s -c l o s e d . ( Based on P a r l i a m e n t a r y Companion f o r 1891). 33. The stand was taken f o l l o w i n g a motion to the e f f e c t " f h a t the Assembly recommend to His E x c e l l e n c y the " Governor-General i n C o u n c i l t h a t f u l l r e s p o n s i b l e Gov-ernment should be g i v e n to the T e r r i t o r i e s " . J o u r n a l s , 1889, p. 93. A p p a r e n t l y some members doubted the value of the constant recommendations which had been made to the f e d e r a l author-i t i e s , and took the more c e r t a i n means of s e c u r i n g redress-w i t h h o l d supply. I t was the o l d s t r u g g l e f o r the con-t r o l of the purse being reenacted among new surroundings. The o r i g i n a l motion was defeated 7-12: the same groups being a l l i e d as i n the vote on the amendment fcbove . 107 and on t h a t grounds, a g a i n asked to he allowed to r e t i r e . R oyal was f o r c e d to comply w i t h t h e i r demands f o r business was a t a s t a n d s t i l l . More than t h a t , the grounds upon which he would accept t h e i r r e s i g n a t i o n s , a d m i n i s t r a t i o n of a f f a i r s 34 c o n t r a r y to the wishes of the m a j o r i t y , were present: " Your f i r s t e x e c u t i v e a c t having f a i l e d to secure the support of 35 the Assembly" :. The l i e u t e n a n t -governor was without a c o u n c i l , and although h i s attempts were not extended over so l o n g a p e r i o d as were those of S i r Charles Metcalfe at an e a r l i e r date i n 36 Canada, yet he had h i s own t r o u b l e s . On November 19, Royal h e l d i n t e r v i e w s w i t h Messrs. Tweed, C l i n k s i l l , Cayley and Ne f f , w i t h a view t o the f o r m a t i o n of an a d v i s o r y c o u n c i l i n a c cord w i t h the m a j o r i t y of the assembly. The f o l l o w i n g day, however, i n a note to Tweed, the l i e u t e n a n t - g o v e r n o r was f o r c e d to acknowledge t h a t h i s advances were without r e s u l t . The members upon whom he c a l l e d , put f o r t h c o n d i t i o n s which he was unable t o accept. * 1 s t . ' F u l l accounts of 1888-89 a c c o r d i n g to vote, as I shown by Ordinance No. 8 of 1888;, End. that ' the Estimates to be communicated to the 1 Assembly'contain the f u l l account of the Dominion vote 1 f o r T e r r i t o r i a l purposes f o r 1889-90'. gr&. _— t h a t ' a l l the moneys both f e d e r a l and T e r r i t o r -' i a l are t o be voted by the Assembly and expended by the ' A d v i s o r y C o u n c i l ' " . 37. 34. lieutenant-Governor R o y a l to R. G. Brett,November IE,1889. J o u r n a l s , 1889, p.83. R e p r i n t e d i n . O l i v e r , I I , 1105. 35. Lieutenant-Governor R o y a l to R. G. Brett.November 16,1889. J o u r n a l s , 1889, p. 103. R e p r i n t e d i n O l i v e r , I I , 1107. 36. I t took M e t c a l f eleven months to form a m i n i s t r y , a t once i n accord w i t h h i s views and those o f the people. 37. Lieutenant-Governor Royal to Thomas Tweed,November 20,1889. J o u r n a l s , 1889,pp.148-150.Reprinted i n Oliver,II,1108-1109. 10S Royal d e c l a r e d r e l a t i v e t o the f i r s t demand: " I f as s t a t e d by you, your c o n t e n t i o n i s t h a t you should have the F e d e r a l accounts i n order to c r i t i c i s e and i n v e s -t i g a t e them, a r i g h t that you appear to c l a i m under the A p p r o p r i a t i o n Ordinance of 1888, i n which s e v e r a l F e d e r a l items were allowed to be i n c l u d e d , I w i l l say, r e g a r d i n g t h i s c o n t e n t i o n , t h a t , a c c o r d i n g to my i n t e r p r e t a t i o n of the amended lorth-West T e r r i t o r i e s A c t , the T e r r i t o r i a l Accounts are the only accounts which the Assembly seems to have the r i g h t to examine, and i n v e s t i g a t e and i n q u i r e i n t o , and such accounts have been duly l a i d before the Assembly by order of the l i e u t e n a n t - G o v e r n o r . While i t i s c o r r e c t to a s s e r t t h a t c e r t a i n items a l r e a d y voted by the Dominion Parliament were embodied by the Assem-b l y i n i t s A p p r o p r i a t i o n Ordinance of 1888, the i n s e r t i o n of these items c o u l d not, i n my view, imply anything more than an e x p r e s s i o n of the o p i n i o n of the Assembly r e s p e c t -i n g the apportionment of these moneys, by reason of the f a c t t h a t the Assembly had not i n my view any r i g h t to con-t r o l t h e i r expenditure, or t o a l t e r , or d i v e r t any p o r t i o n from the purposes,for which they were o r i g i n a l l y voted".38. In e x p l a i n i n g h i s stand of the previous year, the l i e u t e n a n t -governor d e c l a r e d , that he had allowed the f e d e r a l grant f o r roads and b r i d g e s to be p l a c e d w i t h t h a t under the j u r i s d i c -t i o n of members of the assembly. The l e g i s l a t o r s has r e s o r t e d to an u n c o n s t i t u t i o n a l procedure, but one which s u i t e d pioneer c o n d i t i o n s . A l l moneys coming under the above head had been e q u a l l y d i v i d e d amongst e l e c t e d members, f o r improvements i n t h e i r c o n s t i t u e n c i e s . The p l a n whereby f e d e r a l moneys was a l l o t t e d i n t h i s manner, p e r m i t t e d a l a r g e r sum f o r expenditc ure under the advice of the l o c a l r e p r e s e n t a t i v e s . As a r e s u l t o f having had the a c t i o n of 1888 taken as a precedent, the l i e u t e n a n t - g o v e r n o r now d e c l a r e d that t h i s was a mere concession which he had no i n t e n t i o n of r e p e a t i n g . 38. lieutenant-Governor Royal to Thomas Tweed, November 20,1889. J o u r n a l s , 1889, p. 149. R e p r i n t e d i n O l i v e r , I I , 1108. 109 The o f f i c i a l stand with, regard to the second and t h i r d demands i s r e a l l y c ontained i n t h a t on the f i r s t . In Royal's o p i n i o n , o n l y T e r r i t o r i a l funds were under the j u r i s d i c t i o n of the assembly. The l a s t p r o p o s i t i o n of the members d e a l t w i t h both T e r r i t o r i a l and Dominion funds. On t h i s subject he d e c l a r e d : " I have upon every occasion shown that I have admitted the p r o p o s i t i o n , and I am s t i l l of o p i n i o n , that under the present law a l l the T e r r i t o r i a l moneys should be voted by the Assembly and expended under the a u t h o r i t y and respons-i b i l i t y of the A d v i s o r y C o u n c i l . As f a r as F e d e r a l moneys are concerned, I must ho l d t h a t the law r e q u i r e s me t o expend them under the d i r e c t i o n of the Dominion Government and not under the d i r e c t i o n of the Assembly. I must t h e r e f o r e express my r e g r e t that under the law, as I read i t i n the S t a t u t e Book, I cannot accede to t h i s p o r t i o n of your l a s t p r o p o s i t i o n " . 39. lieutenant-Governor Royal had f a i l e d i n h i s attempts to secure an a d v i s o r y c o u n c i l , and the assembly now took the matter i n hand. I t passed an Ordinance r e q u i r i n g t h a t an a d v i s o r y c o u n c i l of two members be appointed by the assembly i n s t e a d of the f o u r p r e v i o u s l y summoned by the l i e u t e n a n t -Governor. These r e p r e s e n t a t i v e s were to h o l d o f f i c e subject to the pleasure of the l e g i s l a t i v e assembly, whose servants they were. The Ordinance f u r t h e r demanded that before any a c t of the l i e u t e n a n t - g o v e r n o r teecame l e g a l , i t must be concurred i n by both members of the a d v i s o r y c o u n c i l . The two members so honored were Thomas Tweed and J. R. H e f f , and the s e s s i o n o f 1889 c l o s e d without any estimates having been passed. 39. Lieutenant-Governor Royal to Thomas Tweed,November £0,1889. Jo u r n a l s , 1889, p. 160. R e p r i n t e d i n O l i v e r , 11,1109-1110. 1 1 0 Hot content t o leave the matter f o r settlement 'with-i n the T e r r i t o r i e s , a lengthy r e s o l u t i o n was passed, to be forwarded to the P r e s i d e n t of the P r i v y C o u n c i l of Canada. I t t r a c e d the d i f f i c u l t i e s of the s e s s i o n , and p o i n t e d out t h a t as a r e s u l t no estimates c o u l d be l a i d before the assem-b l y , and the business of the T e r r i t o r i e s was s e r i o u s l y im-40 peded. The ¥\?hole r e s o l u t i o n shows th a t i t was a s t r u g g l e between the r e p r e s e n t a t i v e of Canada and those of the people of the T e r r i t o r i e s . Unlike, the c o n f l i c t i n the o l d e r pro-v i n c e s , i t was not a case of executive c o u n c i l versus assem-b l y , but r a t h e r of a lone executive t r y i n g to secure f o l l o w -e r s , who, when found, had the d i s c o n c e r t i n g h a b i t of j o i n i n g t h e i r f e l l o w r e p r e s e n t a t i v e s when Canadian p o l i c y threatened to take precedence over T e r r i t o r i a l wishes. The s p e c i a l committee which had been appointed on October 28, to draw up a memorial to the Dominion government on matters a f f e c t i n g the T e r r i t o r i e s , presented i t s r e p o r t on November 21, 1889. I n i t , the committee reviewed the demands of the p r e v i o u s year; doubts as to t h e i r powers should be removed and f u l l r e s p o n s i b l e government given the T e r r i t -o r i e s . The members d e c l a r e d , t h a t although a s e s s i o n of the Dominion parliament had been h e l d i n the meantime, no t h i n g had been done " e i t h e r to remedy the e x i s t i n g s t a t e of a f f a i r s 41 " or to c a r r y i n t o e f f e c t the recommendation above contained? 40. For the t e x t of the motion and amendment sea J o u r n a l s , 1889, pp. 111-115. R e p r i n t e d i n O l i v e r , I I , 1110-1113. 41. Memorandum to the M i n i s t e r of the I n t e r i o r , November 21, 1889. J o u r n a l s , 1889, p. 126. R e p r i n t e d i n O l i v e r , I I , 1114. I l l In the memoradum was traced, the s t r a g g l e which had been waged i n the c u r r e n t s e s s i o n , and the opposing i n t e r p r e t a t -i o n s which had been p l a c e d on the f e d e r a l a c t p o i n t e d out: " The l i e u t e n a n t - G o v e r n o r holds t h a t the Assembly i s not e n t i t l e d to have a statement of P u b l i c Accounts l a i d before them, showing what d i s p o s i t i o n has been made of moneys voted l a s t S e s s i o n by the Assembly, on the ground that the moneys unaccounted f o r wa^epart of the Dominion vote to the T e r r i t o r i e s f o r 1889-89. The Assembly co n s i d e r s that these moneys, having been vot e d on Estimates sent down by message of the l i e u t e n a n t -Governor, and by an Ordinance of the Assembly assented to by the l i e u t e n a n t - G o v e r n o r , should be d u l y accounted f o r to the Assembly". 42. The above was merely the p a r t i c u l a r case engaging the a t t e n t i o n of the r e p r e s e n t a t i v e s a t the moment. However, the p r i n c i p l e a t stake was c l e a r l y s t a t e d : " I t i s h e l d by the l i e u t e n a n t - Governor that the Advisory C o u n c i l has c o n t r o l and i s r e s p o n s i b l e to the Assembly w i t h r e s p e c t to the T e r r i t o r i a l Revenue only , and t h a t the words T matters of f i n a n c e ' i n S e c t i o n 13 of the Horth.-West Ter-r i t o r i e s Act of 1888 are r e s t r i c t e d i n t h e i r a p p l i c a t i o n to T e r r i t o r i a l Revenue e x c l u s i v e l y . A m a j o r i t y of the Assembly, on the c o n t r a r y , holds t h a t the S e c t i o n means a l l matters of f i n a n c e , i n c l u d i n g i n consequence the Dominion g r a n t " . 43. As a r e s u l t of the determination of e i t h e r side to m a i n t a i n i t s stand and g a i n i t s p o i n t , the T e r r i t o r i a l estimates had not been voted, and the powers p r e v i o u s l y granted to the ad-v i s o r y c o u n c i l under the Ordinance withdrawn. Having exper-ie n c e d the e f f e c t s of t r y i n g to put an impossible system i n t o p r a c t i c e , the assembly d e c l a r e d the present mode of government i n the T e r r i t o r i e s was d e f e c t i v e : " — and d e s i r e s t o repeat i t s recommendatio&s of l a s t 42. Memorandum to the M i n i s t e r of the I n t e r i o r , Hovember 21, 1889. J o u r n a l s , 1889, pp. 126-127. R e p r i n t e d i n O l i v e r , I I , 1115. 43. Memorandum to the M i n i s t e r of the I n t e r i o r , Hovember 21, 1889. J o u r n a l s , 1889,p.128.Reprinted i n Oliver,11,1115. 112 year, and the recommendations of the Horth-West C o u n c i l of previous years, inlfavor of f u l l c o n t r o l of the f i n a n c e s of the T e r r i t o r i e s " . 44. I t has been noted a l l the way through the s t r u g g l e f o r g r e a t e r powers, t h a t the people of the Horth-West T e r r i t -o r i e s d i d not merely c r i t i c i z e the e x i s t i n g form of government; they put f o r t h an a l t e r n a t i v e which t h e i r experience and i n -timate knowledge of c o n d i t i o n s , suggested would b e t t e r the needs of the area and stage of development. The year 1889 was no exception i n t h i s respect, and the memorial continues: " The Assembly does not ask f o r the a b o l i t i o n of the A d v i s o r y C o u n c i l , although i f the number of C o u n c i l l o r s were reduced to t h r e e , i t t h i n k s t h a t would be s u f f i c i e n t , but i t asks t h a t the A d v i s o r y C o u n c i l should be p a i d , t h a t the l i e u t e n a n t - G o v e r n o r should not be a member of i t , and t h a t i t should be d e f i n i t e l y d e c l a r e d t h a t the Dominion grant i s to be expended o n l y on a vote of the Assembly".45. The statement d i s c u s s e d the matter of f i n a n c e , and as on a p r e v i o u s o c c a s i o n , asked f o r a f i x e d payment i n the nature 46 of a p r o v i n c i a l subsidy: DoMnion l e g i s l a t i o n r e c e i v e d comments from the mem-bers of the assembly who had sent numerous memorials to the f e d e r a l a u t h o r i t i e s , o n l y to see t h e i r suggestions passed over when reforms were i n t r o d u c e d . A B i l l to amend and con-s o l i d a t e the e x i s t i n g laws d e a l i n g w i t h the Horth-West Ter-r i t o r i e s , had been i n t r o d u c e d i n t o the Dominion House of Commons the previous s e s s i o n , but withdrawn a f t e r the second 44. Memorandum to the M i n i s t e r of the I n t e r i o r , Hovember 21, 1889. J o u r n a l s , 1889, p. 127. R e p r i n t e d i n O l i v e r , I I , 1116. 45. Memorandum to the M i n i s t e r of the I n t e r i o r , Hovember 21, 1889. J o u r n a l s , 1889, p. 127. R e p r i n t e d i n Oliver,11,1116. 46. For whole statement on f i n a n c e , see J o u r n a l s , 1889, pp. 128-129. Repr i n t e d i n O l i v e r , I I , 1116-1118. 113 r e a d i n g . However, the assembly devoted co n s i d e r a b l e a t t e n -t i o n to the q u e s t i o n , f o r only one c l a u s e showed t h a t i t had been m o d i f i e d i n the l i g h t of the memorials of past years. The assembly of 1889 d i d not confine i t s e l f to the c o n s t i t u t i o n a l s t r u g g l e , a l t h o u g h i t i s t h a t aspect of t h e i r work which most d i r e c t l y concerns the subject of t h i s t h e s i s . I t was there w i t h a d e f i n i t e purpose, t h a t of l e g i s l a t i n g f o r the needs of the r e s i d e n t s of the Horth-West T e r r i t o r i e s . One of the f i r s t questions which concerned the members was a " B i l l e n t i t l e d An Ordinance to amend Ho. 6 of 1888 i n t i t l e d " 1 An Ordinance r e s p e c t i n g the R e g i s t r a t i o n of B i r t h s , Mar-47 " ' r i a g e s and Deaths' '.' "When i t was moved on October £4, 1889, t h a t the B i l l be read a second time, a p o i n t o f order was r a i s e d t h a t the B i l l d e a l t w i t h the a p p r o p r i a t i o n of a p a r t of the P u b l i c Revenue and had not been f i r s t recommended 48 by message of the Lieutenant-Governor". For t h i s reason the speaker r u l e d the motion out of order. This was one of many examples which showed t h a t the l i e u t e n a n t - g o v e r n o r by v i r t u e of h i s o f f i c e , was the dominating f a c t o r i n the a f f a i r s of the assembly. H i s consent had to be received before even l o c a l enactment might r e c e i v e the stamp which might put i t i n t o o p e r a t i o n . The members d i s c u s s e d the use of two languages i n the debates and p u b l i c records of the T e r r i t o r i e s . By S e c t i o n 110 of the Horth-West T e r r i t o r i e s A c t , e i t h e r the E n g l i s h or 47. J o u r n a l s , 1889, pp. 28-29. 48. J o u r n a l s , 1889, p. £9. 114 the French languages might be used i n the debates of the l e g i s l a t i v e assembly and i n the oourt proceedings, and j o u r n a l s and ordinances were to be p r i n t e d i n both languages. The assembly was of the o p i n i o n that the needs of the T e r r i t -o r i e s d i d not demand the o f f i c i a l r e c o g n i t i o n of a d u a l l a n -guage, and that the people themselves were opposed to i t and the expenditure which i t n e c e s s i t a t e d . They a l s o b e l i e v e d t h a t sound p u b l i c p o l i c y demanded the discontinuance of two o f f i c i a l languages i n the lorth-West T e r r i t o r i e s . A d r a f t p e t i t i o n to the Dominion parliament a s k i n g t h a t the s e c t i o n i n q u e s t i o n be r e p e a l e d , was agreed to without amendment. The question of i r r i g a t i o n r e c e i v e d considerable a t -t e n t i o n and a g a i n , the matter had t o be embodied i n a Memor-i a l to the f e d e r a l government. Endless memorials remind one of the t r a d i t i o n a l church s t e e p l e before the French Revolut-i o n , f o r a c t i o n i n each case was about e q u a l l y e f f e c t i v e . Another matter very dear to the i n t e r e s t s of those i n the T e r r i t o r i e s , concerned immigration. I t was decided at t h i s time, to appoint Mr. C. E. Gulden " Emigration Agent i n Great 49 " B r i t a i n i n the i n t e r e s t s of these T e r r i t o r i e s " . His appoint-ment was r a t h e r d i s a s t r o u s , f o r C u l l e n ' s career was infamous 50 r a t h e r than f a v o r a b l e to the T e r r i t o r i e s , but although unfor-tunate, i t should be considered. I t must be remembered, 49. J o u r n a l s , 1889 , p. 53. 50. The matter r e c e i v e d c o n s i d e r a b l e a t t e n t i o n i n f u t u r e assembly meetings, C u l l e n having apparently g r e a t e r i n g e n u i t y i n the matter of a t t r a c t i n g money to h i s own pockets than s e t t l e r s to the T e r r i t o r i e s . 115 t h a t although the a c t i o n i n the matter o r i g i n a t e d i n the West, i t was Ottawa th a t u l t i m a t e l y p a i d the h i l l . The recommenda-t i o n s of the Standing Committee on Immigration, i n a d d i t i o n to C u l l e n ' s appointment, suggested: " That a memorial to the Dominion Government he prepared, s e t t i n g f o r t h f u l l y the b e n e f i t s to be d e r i v e d from a com-prehensive scheme of e m i g r a t i o n , such as the Assembly may be ready to c o n s i d e r and c a r r y out, a s k i n g that the sum of tw e n t y - f i v e thousand d o l l a r s ($25,000) be placed i n the est i m a t e s , to be used under the d i r e c t i o n of the North-West l e g i s l a t i v e Assembly, f o r the purpose o f emigration". 51. I t has been noted that demands f o r grants i n a i d of educ a t i o n were among the f i r s t to be r e c e i v e d by the C o u n c i l of the North-West T e r r i t o r i e s . During the c o n c i l i a r p e r i o d i n t e r e s t i n education continued to grow, and by the time the assembly appeared, the d e s i r e f o r higher l e a r n i n g was making i t s e l f f e l t . As u s u a l , the subject had to be p l a c e d i n a memorial, to be d u l y acknowledged and then pigeon-holed. The que s t i o n concerned the r e q u e s t " t h a t a grant of l a n d be made f o r 52 " U n i v e r s i t y '• purposes i n the North-West T e r r i t o r i e s " . On Wednesday, November 20, 1889, the f o l l o w i n g note appears: " This Assembly would r e s p e c t f u l l y suggest the advisab-i l i t y of s e l e c t i n g and s e t t i n g apart lands f o r U n i v e r s i t y purposes i n the P r o v i s o o i a l D i s t r i c t s of A s s i n i b o i a , A l b e r t a and Saskatchewan, so tha t the same may be a v a i l a b l e to be granted, when the Country i s d i v i d e d , and ere c t e d i n t o separate P r o v i n c e s ; otherwise, when that time a r r i v e s , no lands may be a v a i l a b l e f o r that purpose, o r , i f a v a i l a b l e , may be of comparatively l i t t l e v a l u e " . 53. This t h e s i s i s not concerned w i t h the subject of education i t s e l f . I t speaks w e l l f o r the c h a r a c t e r of the people, t h a t i n a year when drought had p r e v a i l e d and ha r v e s t s had been 51. J o u r n a l s , 1889, p. 53. 52. J o u r n a l s , 1889, p. 72. 53. J o u r n a l s , 1889, p. 118. 116 s m a l l , t h a t they should be t h i n k i n g of h i g h e r education f o r t h e i r c h i l d r e n , but f o r the purpose i n hand, the l i g h t which i t throws upon Dominion- T e r r i t o r i a l r e l a t i o n s i s i n t e r e s t i n g . On a question which the B r i t i s h North America Act d e c l a r e d r e s t e d w i t h the people w i t h i n a province themselves- and one 54 would imagine w i t h i n a T e r r i t o r y - the T e r r i t o r i e s were f o r c e d to have recourse to the Dominion a u t h o r i t i e s . The d i f f i c u l t y arose because the d e s i r e d l a n d was p a r t of the p u b l i c domain of Canada. The phrase " e t e r n a l l a n d question" immediately suggests P r i n c e Edward I s l a n d . The T e r r i t o r i e s however, were f o r e v e r being confronted by the d i f f i c u l t y t h a t the l a n d , f o r which they d e s i r e d t o l e g i s l a t e , belonged to a power i n Ottawa. Absentee l a n d l o r d s , on the one hand basing t h e i r c l a i m s upon what f a t e had g i v e n them on a c e r t a i n memorable day when the I s l a n d found i t s e l f " i n a hat i n s i x t y seven p i e c e s " , on the other, upon a theory of purchase denied by western 55 r e s i d e n t s , were i n both cases out of touch w i t h the i n t e r e s t s of those who a c t u a l l y s e t t l e d the t e r r i t o r y . Viewing the b r e a t h of s u b j e c t s w i t h which the assem-b l y d e a l t , running as they do, the whole gamut from homestead r i g h t s - t o u n i v e r s i t y g r a n t s , one cannot help but remark t h a t the s e s s i o n was indeed memorable. More than t h a t , the s t r u g g l e 54. This i s one example of the evidence which manifested the d i s t i n c t i o n between p r o v i n c i a l and t e r r i t o r i a l s t a t u s . Elementary and secondary education was under the c o n t r o l of the l o c a l a u t h o r i t i e s , but no grants e x i s t e d f o r any-t h i n g h i g h e r , c f . American p o l i c y re l a n d grants f o r T e r r i t o r i a l u n i v e r s i t i e s . 55. Supra, chapter I. 11? f o r the f u l l powers enjoyed by assemblies i n other p a r t s of the Empire was continued, although many more ad v i s o r y c o u n c i l s were t o r e s i g n before a s a t i s f a c t o r y arrangement c o u l d be reached. Royal acknowledged the s p i r i t i n which business had been c a r r i e d on, i n h i s address before proroguing the house: B I have to co n g r a t u l a t e you upon the p r a c t i c a l c h a r a c t e r of your l e g i s l a t i o n d u r i n g the present Session. The v a r i o u s i n c i d e n t s , w h i c h f o l l o w e d the r e s i g n a t i o n of my f i r s t A d v i s o r y C o u n c i l , the a t t i t u d e assumed by a major-i t y of the Members, and the earnest d e s i r e of a l l t h a t the business of the Country should not s u f f e r i n consequence, are circumstances, which w i l l tend to mark t h i s S ession as an h i s t o r i c a l one". 56. When the assembly met i n i t s t h i r d s e s s i o n on October 29, 1890, there were many questions which were prominent i n the minds of the members. The memorials of the previous year had r e c e i v e d scant a t t e n t i o n ; c e r t a i n T e r r i t o r i a l Ordinances had been d i s a l l o w e d by Ottawa, and the d i f f e r e n c e s of o p i n i o n •which e x i s t e d between the m a j o r i t y i n the assembly and the a d v i s o r y c o u n c i l had not been c l e a r e d up. During the re c e s s , the l i e u t e n a n t - g o v e r n o r had chosen an a d v i s o r y c o u n c i l " f r o m "amongst those w i l l i n g to comply w i t h the law, i r r e s p e c t i v e "of the f a c t vi/hether they possessed the confidence of the 57 "House o r not". In r e s p e c t to the response which memorials had r e -ce i v e d , an almost hopeless note i s s t r u c k : " The circumstances of the country and of the Assembly 56. J o u r n a l s , 1889, p. 139. 57. Lieutenant-Governor Royal to the L e g i s l a t i v e Assembly, Hovember 14, 1890. J o u r n a l s , 1890, p. 50. 118 oblige us from year to year to make representations to the Federal government on various matters. Our experience of the way i n which these representations have been met make us l i t t l e desirous of repeating theml 58. The comment regarding the disallowance of T e r r i t o r i a l Ordinances, referred to the action of the Governor-General i n Council with respect to "the Ordinance to amend the Interpret-ation Ordinance, the Ordinance for the protection of Game and 59 the Ordinance respecting the legal Profession". The members pointed out the impression whieh this action made upon their minds as to the powers held by the assembly: " By the disallowance of the f i r s t , i t would seem that our right to interpret expressions used i n the Ordinances of this Assembly i s questioned. By the disallowance of the seeond i t would seem that existing Dominion Statutes and Treaties are not sufficient to protect the Indians without the co-operation of the Assembly, and doubt i s even express-ed as to whether the Assembly has any right at a l l to prot-ect the game of the Territories from wanton destruction'.' 60. In the correspondence which was l a i d before the assem-bly at a later date, the cause, or rather the ostensible reason for disallowance, was the fact that the Honourable John S. D. Thompson, Minister of Justice: " -desires — to observe that i t may be doubtful whether the Horth-West Assembly has authority to legislate i n resp- 61. eet to hunting and fishing upon the Public Domain of Canada? By the control of the public lands, the Dominion government 6B had a «stranglehold" upon the Territories. Professor D. C. Harvey has declared i n respect to Prince Edward Island, "Both "the power of the purse and the question of land tenure were 58. Journals, 1890, p. 37 . 59. Journals, 1890, p. 37. 60. Journals, 1890, pp. 37-38. 61. Journals, 1890, p. 17. I t a l i c s not i n or i g i n a l . 62* Term used i n conversation, by a member of the assembly. 119 " v i t a l elements i n the I s l a n d ' s h i s t o r y ; and, u n t i l t h e i r i n f l -"uence r e l a t i v e to the p o l i t i c a l and p e r s o n a l elements i n the " s t r u g g l e has heen weighed and i n d i c a t e d , the unique c h a r a c t e r "of r e s p o n s i b l e government i n P r i n c e Edward I s l a n d cannot he 63 " r e v e a l e d . " H i s d e s c r i p t i o n i s a l s o a p p l i c a b l e to c o n d i t i o n s 64 i n the North-West T e r r i t o r i e s . The c o n t r o l of f e d e r a l grants was the s u b j e c t which e x c i t e d g r e a t e s t i n t e r e s t , but behind i t loomed the l a n d q u e s t i o n . A l l revenue from the s a l e of l a n d s , which had accrued to l o c a l governments i n the o l d e r c o l o n i e s , found i t s way i n t o the Dominion c o f f e r s . Revenue from T e r r i t o r i a l Ordinances was turned over to m u n i c i p a l i t i e s , and a l l t h a t remained was a s m a l l amount allowed each c o n s t i t -uency f o r the c o n s t r u c t i o n of roads and b r i d g e s . This l i m i t e d sum c o n s t i t u t e d the sole supply which the members of the assamhly c o u l d a p p r o p r i a t e . The disallowance of the Ordinance w i t h r e s p e c t to the l e g a l p r o f e s s i o n , i n the words of the r e p l y to the speech from the throne: would seem to show tha t the power accorded to the Assembly "by O r d e r - i n - C o u n c i l to l e g i s l a t e w i t h regard to the c o n s t i t u t i o n , o r g a n i z a t i o n and maintenance of T e r r i t o r -i a l Courts of C i v i l J u r i s d i c t i o n i s s u b j e c t to many r e s t r -i c t i o n s which are not apparent i n the O r d e r - i n - C o u n c i l c o n f e r r i n g the same." 65. The assembly a t t h i s time was v o i c i n g a complaint which e x i s t -ed u n t i l the c o n f e r r i n g of p r o v i n c i a l s t a t u s . Hot only d i d 63. D. C. Harvey, Review, Responsible Government i n P r i n c e Edward I s l a n d : A Triumph of Self-Government under the Crown, by W. Ross L i v i n g s t o n , Canadian H i s t o r i c a l Review, v o l . X I I I , No. 2, June 1932, p. 212. 64. E s s e n t i a l d i f f e r e n c i e s i n the systems i n vogue are recog-n i z e d , but i n both pr o v i n c e s i t was the l a n d question whieh coloured a l l o t h e r s . S5. J o u r n a l s , 1890, p. 38. 120 i t s i n t e r p r e t a t i o n of f e d e r a l A c t s d i f f e r from the Canadian and ministers', hut concurrent l e g i s l a t i o n A r e s t r i c t i o n s of customs r a t h e r than law,, narrowed the f i e l d over which the T e r r i t o r i a l assembly had c o n t r o l . The above comments w i t h regard to the u n s a t i s f a c t o r y nature of the r e l a t i o n s between the T e r r i t o r i e s and the Dom-i n i o n of Canada, paved the way for a d i s c u s s i o n of the troub-l e s centered w i t h i n the T e r r i t o r i e s : " The Assembly r e g r e t s that Your Honor has not seen f i t to a l l u d e t o the circumstances which have l e a d to Your Honor's s e l e c t i o n and r e t e n t i o n i n o f f i c e of an A d v i s o r y C o u n c i l not i n accord w i t h , nor possessing the confidence of , the m a j o r i t y of t h i s Assembly. I t appears to us to be necessary to the good government of the country, t h a t the measure of c o n t r o l , possessed by the L e g i s l a t u r e over the A c t s of the Executive should be c l e a r l y d e f i n e d . Having been l e f t without the guidance of Your Honor i n t h i s mat-t e r , the Assembly can do no l e s s than assume i t s r i g h t s to be such as the Horth-West T e r r i t o r i e s A c t s and c o n s t i -t u t i o n a l usage having the f o r c e of law appear to g i v e . They are t h e r e f o r e compelled to b e l i e v e i n the r i g h t of the m a j o r i t y not only to pass l e g i s l a t i o n , but to advise and c o n t r o l / i n the matter of i t s being g i v e n e f f e c t - that the Horth-West T e r r i t o r i e s A c t s , i n t e r p r e t e d i n the l i g h t of c o n s t i t u t i o n a l usage, provide f o r c o n t r o l of the execut-i v e by an A d v i s o r y C o u n c i l having the confidence of a m a j o r i t y of the House; t h a t the assumption of such c o n t r o l by any Members of t h i s House not possessing i t s confidence i s a v i o l a t i o n of the s p i r i t and i n t e n t ' o f the Horth-West T e r r i t o r i e s A c t s , and an infringement upon the r i g h t s of the House a g a i n s t which i t f e e l s compelled to enter i t s most solemn p r o t e s t , and t o take such measures to p r o t e c t i t s e l f as best i t may". 66. The members d e c l a r e d that i n t h e i r o p i n i o n , the a c t -i o n taken by those of t h e i r number who were members of the a d v i s o r y c o u n c i l , rendered them unworthy of t a k i n g any p a r t i n the business of the assembly. To show t h e i r a t t i t u d e , 66. J o u r n a l s , 1890, p. 38. R e p r i n t e d i n O l i v e r , I I , 1127-1128. 1 8 0 and " as the only means— of v i n d i c a t i n g — the common r i g h t s 67 " of m a j o r i t i e s i n r e p r e s e n t a t i v e Assemblies" they planned 68 tt to exclude a l l l e g i s l a t i o n and motions o f f e r e d " by members of the a d v i s o r y c o u n c i l , and excluded them from p o s i t i o n s on standing committees w h i l e they " maintained t h e i r present 69 " a t t i t u d e of de f i n a n c e " . The members went on to, s t a t e t h e i r i d e a s of the chaos whieh would r e s u l t i f c o u n c i l l o r s who d i d not possess the confidence of the house, were allowed to i n -troduce l e g i s l a t i o n . There would be endless debates which i t was f e a r e d might be used to prevent the i n t r o d u c t i o n of necessary l e g i s l a t i o n . In r e s p e c t to the l a t t e r , the members promised t h a t the needs of the T e r r i t o r i e s would r e c e i v e t h e i r c a r e f u l c o n s i d e r a t i o n . They went on to show th a t there were very few s u b j e c t s upon which they were allowed to l e g i s l a t e under Dominion Orders - i n - C o u n c i l , which d i d not i n v o l v e the q u e s t i o n of f i n a n c e . The motion c l o s e d w i t h the words: " The House very deeply r e g r e t s the e x t r a o r d i n a r y circum-stances which compel i t to take t h i s stand i n defence of i t s r i g h t s and d i g n i t y , and the r i g h t s and d i g n i t y of those whom i t r e p r e s e n t s , but f e e l s compelled to inform Your Honor thus c l e a r l y as to what i t s p o s i t i o n i s and as to the course which i t intends to pursue, b e l i e v i n g t h a t as Your Honor's A d v i s e r s do not represent the m a j o r i t y of t h i s House, they cannot p r o p e r l y represent to Your Honor the p o s i t i o n which the House has taken, i t s reasons f o r t a k i n g that p o s i t i o n , and i t s i n t e n t i o n t o m a i n t a i n i t " . 70. The debate on the above memorial continued u n t i l 3.30 A.M, 67. J o u r n a l s , 1890, pp.38-39. Repr i n t e d i n Oliver, I I , 1 1 2 8 . 6 8 . J o u r n a l s , 1890, p. 39. R e p r i n t e d i n O l i v e r , I I , 1128. 69. J o u r n a l s , 1890, p. 39. R e p r i n t e d i n O l i v e r , I I , 1128. 70. J o u r n a l s , 1890, p. 41. R e p r i n t e d i n O l i v e r , I I , 1130. 121 Tuesday, November 11, 1890. When the vote was f i n a l l y taken, a d i v i s i o n of f i f t e e n to s i x was recorded: n Yeas, Messrs. Nays, Messrs. P l a x t o n , Thorburn, Sutherland, Tweed, Mneham, Davidson, O l i v e r , J e l l y , C l i n k s k i l l , Ross, ^Richardson, Hoey, ,/Betts, Reaman, Neff, Cayley, H a u l t a i n , T u r r i f f , M i t c h e l l . - 1 5 . ^ B r e t t , (71) ifSecord. - 6. The above r e s o l u t i o n brought forward a counter s t a t e -ment from lieutenant-Gov e r n o r R o y a l . He o u t l i n e d the con-f l i c t i n g i n t e r p r e t a t i o n s p l a c e d upon the term " matters of f i n a n c e " by members of the assembly and by h i m s e l f : " While c e r t a i n Honorable Members of the House contended, on the one hand, th a t the words 1 matters of f i n a n c e ' con-t a i n e d i n the Act i n c l u d e d not only the T e r r i t o r i a l Revenues, but a l s o the a p p r o p r i a t i o n made by the Parliament of Canada f o r the expenses of Government i n the T e r r i t o r i e s , His Honor, on the other hand, contended that those words r e f e r only to the T e r r i t o r i a l Revenues, or, i n other words, th a t the Act gave the A d v i s o r y C o u n c i l and the l i e u t e n a n t Gover-nor absolute c o n t r o l over the T e r r i t o r i a l Revenues, but the moneys voted by the Parliament of Canada, being at the d i s -p o s a l of His E x c e l l e n c y the Governor, could not be at the 72 d i s p o s a l of, or under the c o n t r o l of, the A d v i s o r y C o u n c i l " . The l i e u t e n a n t - g o v e r n o r d e c l a r e d that h i s i n t e r p r e t a t i o n had been upheld by the M i n i s t e r of J u s t i c e i n h i s r e p o r t of Jan-uary 1890. Royal maintained that he was bound to adopt such i n t e r p r e t a t i o n , since the report had been gi v e n by n the " l e g a l a d v i s e r of His E x c e l l e n c y the Governor i n C o u n c i l , under "whose i n s t r u c t i o n s His Honor a d m i n i s t e r s the Government of 73 "the T e r r i t o r i e s " . This statement makes c l e a r the i n f e r i o r 71. J o u r n a l s , 1890, p. 42. Four (#) Of the s i x who opposed the motion were members of the a d v i s o r y c o u n c i l . 72. J o u r n a l s , 1890, p. 49. 73. J o u r n a l s , 1890, p. 50. This statement throws i n t e r e s t i n g l i g h t upon the p a r t 122 s t a t u s of t h e Horth-West T e r r i t o r i e s , and when the d e c i s i o n of the Honorable John S. D. Thompson i s noted, the q u i b b l i n g which took place to m a i n t a i n Canadian supremacy i n the matters of T e r r i t o r i a l government, w i l l be apparent. The p o r t i o n to which Royal r e f e r r e d i s as f o l l o w s : " The a p p r o p r i a t i o n made by the Parliament of Canada, be-i n g p l a c e d at the d i s p o s a l of Your E x c e l l e n c y , may be ad-m i n i s t e r e d i n v a r i o u s ways without being p l a c e d under the c o n t r o l of the l i e u t e n a n t - G o v e r n o r , but the l o c a l Revenues of the T e r r i t o r i e s are n e c e s s a r i l y under h i s c o n t r o l , by v i r t u e of the S t a t u t a r y p r o v i s i o n , which cr e a t e s h i s o f f i c e , and i n v e s t s him w i t h the a d m i n i s t r a t i o n of the Government. Being c l e a r l y of o p i n i o n , t h e r e f o r e , that the duty i s imposed on the Lieutenant-Governor of a p p o i n t i n g an A d v i s -ory C o u n c i l on matters of f i n a n c e , and that these matters o f f i n a n c e , on which he has to be so advised, i n c l u d e the a d m i n i s t r a t i o n of the T e r r i t o r i a l Revenues, the undersigned;,: e t c . e t c . " 74. There i s n o t h i n g i n t h i s statement to show that under no c o n s i d e r a t i o n are the funds to be p l a c e d i n the hands of the a d v i s o r y c o u n c i l . Thompson d e c l a r e d there were v a r i o u s ways of a d m i n i s t e r i n g them without the advice of the members. Fu r t h e r , he s t a t e d t h a t the " matters of f i n a n c e " upon which the l i e u t e n a n t - g o v e r n o r has to be a d v i s e d " i n c l u d e T e r r i t o r -75 " i a l Revenues". That term " i n c l u d e " suggests t h a t there are o t h e r s . The l i e u t e n a n t - g o v e r n o r went on to e x p l a i n h i s p o s i t -i o n w i t h regard to the appointment of an a d v i s o r y c o u n c i l . 75. (con't.) played by the M i n i s t e r of J u s t i c e i n the admin-i s t r a t i o n of the T e r r i t o r i e s . 74. M i n i s t e r of J u s t i c e t o His E x c e l l e n c y the Governor-General i n C o u n c i l , January 3, 1890. Quoted by Royal to the Assembly, Hovember 14, 1890. J o u r n a l s , 1890, p. 49. 75. M i n i s t e r of J u s t i c e to His E x c e l l e n c y the Governor-General i n C o u n c i l , January 3, 1890, Quoted by Royal to the Assembly, Hovember 14, 1890. J o u r n a l s , 1890, p. 49. 123 He ref e r r e d , to the n e g o t i a t i o n s w i t h Thomas Tweed of Medicine Hat, who r e f u s e d to accept o f f i c e or form a c o u n c i l unless i t " were i n v e s t e d w i t h the c o n t r o l of expenditure of both " the F e d e r a l and T e r r i t o r i a l funds and that no Ad v i s o r y " G o u n c i l would possess the confidence of the House, unless 76 " such c o n t r o l were conceded". Royal d e c l a r e d he b e l i e v e d such t o be the o p i n i o n of a m a j o r i t y of the assembly, and that " under the e x i s t i n g law i t would be impossible f o r him 77 " to s e l e c t a G o u n c i l p o s s e s s i n g the confidence of the House". The d i f f i c u l t y arose as a r e s u l t o f the opposing i n -t e r p r e t a t i o n s p l a c e d upon the Horth-West T e r r i t o r i e s A c t . Royal read i t i n the same s p i r i t as d i d the framers i n Ottawa; the T e r r i t o r i e s possess an i n f e r i o r s t a t u s , and must be made to r e a l i z e t h e i r p o s i t i o n . The members of the assembly were a s p i r i n g t o g r e a t e r powers and r e a d the a c t , hoping t o f i n d i n i t j u s t i f i c a t i o n f o r t h e i r stand. Because of the inters" p r e t a t i o n which Royal p l a c e d upon the A c t , he s e l e c t e d a group who were w i l l i n g to serve whether or not they command-ed the confidence of the House, since i t was r e q u i r e d by law that there should be an a d v i s o r y c o u n c i l . The l i e u t e n a n t -governor declared, he had: " always been d e s i r o u s t h a t the A d v i s o r y C o u n c i l should possess the confidence of the Assembly, but he has not been made aware t h a t the views of the m a j o r i t y of the House r e s p e c t i n g the c l a i m to c o n t r o l the expenditure of F e d e r a l funds have undergone a change". 78. 76. J o u r n a l s , 1890, p. 50. 77. J o u r n a l s , 1890, p. 50. 78. J o u r n a l s , 1890, p. 50. 124 The l a s t statement suggests t h a t u n t i l such time as the assembly was prepared to come around to h i s views, Royal and h i s a d v i s e r s would continue i n t h e i r independent a t t i t u d e . Lieutenant-Governor Royal's message was r e f e r r e d to a s p e c i a l committee, c o n s i s t i n g of Messrs. C l i n k s k i l l , H e ff, Cayley and the mover and seconder, H a u l t a i n and Tweed. Their r e p o r t was brought down on Hovember 27, 1890, and passed by 79 a vote of t h i r t e e n to s i x . The r e p o r t f r a n k l y s t a t e d the members' o p i n i o n s r e g a r d i n g the stand taken by Royal, and p o i n t e d out weak p o i n t s i n h i s argument. In respect to the quotation from the d e c i s i o n of the M i n i s t e r of J u s t i c e , Thompson, th e y v d e c l a r e d : " The Assembly f e e l s bound to p o i n t out to Your Honor that the words of the Honorable M i n i s t e r of J u s t i c e quoted are contained i n an e x p r e s s i o n of o p i n i o n as to the a l l e g -ed c o n t r a d i c t i o n between a c e r t a i n Ordinance passed by the Assembly at i t s l a s t Session and a c e r t a i n clause of the Horth-West A c t , and d i d not r e l a t e t o , or purport to be an e x p r e s s i o n of o p i n i o n r e g a r d i n g the p o s i t i o n which Your Honor takes (80) t h a t c o n t r o l o f the T e r r i t o r i a l Revenues 79. Yeas, Messrs. P l a x t o n , Thorburn, Heff, Sutherland, Tweed, Lineham, Davidson, H a u l t a i n , O l i v e r , J e l l y , Ross, M i t c h e l l , C l i n k s k i l l . 13. Hays, Messrs. $ B r e t t , Reaman, #Richardson, f B e t t s , Hoey, #Secord. 6. J o u r n a l s , 1890, p. 122. I t w i l l be noted that those d i s s e n t i n g c o n s i s t e d , as i n the case of the r e p l y to the l i e u t e n a n t - g o v e r n o r ' s speech on the opening of p a r l i a m e n t , of members of the a d v i s o r y c o u n c i l , (f) p l u s Reaman and Hoey. J o u r n a l s , 1890, p. 42. Reaman a l s o voted w i t h the a d v i s o r y coun-c i l on the question of a memorial to the Dominion r e -g a r d i n g the education clause i n the Horth-West T e r r i t -o r i e s Act . J o u r n a l s , 1890, p. 56. 80. J o u r n a l s , 1890, p. 112. The correspondence p a s s i n g between the Governor-General-i n - C o u n c i l and the M i n i s t e r o f J u s t i c e on the s u b j e c t was presented as S e s s i o n a l Paper Ho. 2. of the Session-*L3*5 r e s t s w i t h Your Honor and such A d v i s e r s as Your Honor may choose and not w i t h t h i s Assembly, - and that t h e r e f o r e the r u l i n g of the M i n i s t e r of J u s t i c e , quoted by Your Honor does not apply to t h i s case". 81. Appa r e n t l y c e r t a i n members of the assembly were sarcas-t i c as w e l l as shrewd, f o r they d e c l a r e d : " The Assembly f e e l s bound to inform Your Honor of i t s be-l i e f t h a t the Horth-West Act, c a l l i n g i t i n t o existence and d e f i n i n g i t s c o n s t i t u t i o n and powers, i s f o r the inform-a t i o n and guidance of i t s s e v e r a l members and f o r t h a t of the House as a whole, as w e l l as f o r tha t of Your Honor, or the M i n i s t e r of J u s t i c e , and tha t the Members of t h i s Assembly are s e v e r a l l y r e s p o n s i b l e to the people of the T e r r i t o r i e s f o r t h e i r own i n t e r p r e t a t i o n of the Act and f o r the course they take based upon th a t i n t e r p r e t a t i o n ; which r e s p o n s i b i l i t y they are not r e l i e v e d from by a mere ex-p r e s s i o n of o p i n i o n on the p a r t of anyone, or by anything short of a d e c l a r a t i o n from a s u p e r i o r a u t h o r i t y . The Assembly r e g r e t s t h a t Your Honor has not seen f i t to p o i n t out the S e c t i o n of the A c t , which i n v e s t s Your Honor and your A d v i s e r s w i t h what appears to us to be the ve r y ex-t r a o r d i n a r y measure of f i n a n c i a l c o n t r o l which Your Honor assumes to possess". 8£. A f t e r quoting s e c t i o n s of the Horth-West T e r r i t o r i e s A c t , 83 and e x t r a c t s from Orders i n G o u n c i l , they d e c l a r e d that i n 80. ( c o n T t . ) of 1890, i n the Horth-West T e r r i t o r i e s . I t concerned the disallowance of Ordinance Ho. £4 of 1889, r e l a t i v e t o the a d m i n i s t r a t i o n of f i n a n c i a l a f f a i r s i n the T e r r i t o r i e s . 81. J o u r n a l s , 1890, p.112. 82. J o u r n a l s , 1890, pp. 112. However, as noted above, the Act d i d not mean the same t h i n g f o r a l l who read i t . I t was a case of attempting to read i n t o i t , the j u s t i f i c a t i o n f o r l o c a l ambitions. 83. " The Lieutenant-Governor s h a l l a d m i n i s t e r the Govern-ment under i n s t r u c t i o n s from time to time given him by the Governor i n Go u n c i l or by the Se c r e t a r y of State f o r Canada"—Horth-West T e r r i t o r i e s A c t , s. 4.(£). Quoted by J o u r n a l s , 1890, p. 113. " There s h a l l be a L e g i s l a t i v e Assembly f o r the Horth-West T e r r i t o r i e s which s h a l l have the powers and s h a l l perform the d u t i e s h e r e t o f o r e vested i n and performed by the C o u n c i l of the Horth-West T e r r i t o r i e s " — H o r t h -West T e r r i t o r i e s Amendment Act of 1888, s. £. Quoted by J o u r n a l s , 1890, p. 113. 126 t h e i r o p i n i o n absolute c o n t r o l over the T e r r i t o r i a l revenues was v e s t e d i n the assembly, and not i n the l i e u t e n a n t - g o v e r n o r or h i s advisers,"inasmuch as the Act e x p r e s s l y s t a t e s that "Your Honor s h a l l govern, T by and w i t h the advice and consent "of the l e g i s l a t i v e Assembly', and not by and w i t h the consent 84. " of Your A d v i s o r y Council".,. They go on to show that the Amendment of 1888, d i d not r e p e a l or a l t e r any of the above c o n s i d e r a t i o n s but added to them the f o l l o w i n g s e c t i o n s : " 13 U The Lieutenant-Governor s h a l l s e l e c t from among the e l e c t e d members of the l e g i s l a t i v e Assembly four persons to a c t as an a d v i s o r y c o u n c i l on matters of f i n a n c e , who s h a l l s e v e r a l l y h o l d o f f i c e d u r i n g pleasure and the l i e u -tenant-Governor s h a l l preside at a l l s i t t i n g s of such Ad-v i s o r y C o u n c i l and have a r i g h t to vote as a member there-of, and s h a l l a l s o have a c a s t i n g vote i n case of a t i e . 14. The l e g i s l a t i v e Assembly s h a l l not adopt or pass any v o t e , r e s o l u t i o n , address or b i l l f o r the a p p r o p r i a t i o n of any p a r t of the p u b l i c revenue, or of any t a x or impost, to any purpose that has not been f i r s t recommended to the Assembly by message of the Lieutenant-Governor i n which such v o t e , r e s o l u t i o n , address or b i l l i s proposed".85. In the o p i n i o n of the assembly, these clauses merely made a 83. (con't.) " The Lieutenant-Governor i n C o u n c i l s h a l l have such powers to make Ordinances f o r the Government of the Horth-West T e r r i t o r i e s as the Governor i n C o u n c i l con-f e r s upon them"—Horth-West T e r r i t o r i e s A c t , , s. 13. Quoted by J o u r n a l s , 1890, p. 113. " An Order i n C o u n c i l of 1883 empowers the Lieutenant-Governor to r a i s e revenues by c e r t a i n l i c e n s e s and another Order i n C o u n c i l of 1886, empowers the L i e u t e n -ant-Governor i n C o u n c i l to r a i s e revenue by d i r e c t tax-a t i o n ? Quoted by J o u r n a l s , 1890, p. 113. ( Funds r a i s e d i n t h i s manner were under the d i r e c t i o n of the assembly.) " The e x p r e s s i o n 1 Lieutenant-Governor i n C o u n c i l ' , means the lieutenant-Governor of the Horth-West T e r r i t -o r i e s i n C o u n c i l or the l i e u t e n a n t Governor by and w i t h the advice and consent of the L e g i s l a t i v e Assembly of the Horth-West T e r r i t o r i e s as the case may be". Horth-West T e r r i t o r i e s A c t , , s. 2 ( c ) . Quoted by J o u r n a l s , 1890, pp. 113-114. 84. J o u r n a l s , 1890, p. 114. 85. 51. Y i c t . , chap. 19, s. 13-14.Statutes, 1888,pp. 3-4. 127 " d i s t i n c t i o n i n the f i n a n c i a l a u t h o r i t y r e s p e c t i v e l y possessed "by the executive and the l e g i s l a t i v e branches of the Govern-"ment, xnown c o l l e c t i v e l y as the Lieutenant-Governor i n Coun-" c i l by p r o v i d i n g that w h i l e the power to i n i t i a t e f i n a n c i a l " l e g i s l a t i o n r e s t s w i t h Your Honor the sole power to pass such " l e g i s l a t i o n r e s t s w i t h the Assembly".86. However, the s e c t i o n s quoted d i d not grant r e s p o n s i b l e govern-ment to the T e r r i t o r i e s . As on previous occasions, a s p i r i n g l e g i s l a t o r s were attempting to read i n t o the Act something i t d i d not c o n t a i n . L o c a l ambition and f e d e r a l determination ware opposed to each o t h e r , and i n the s t r u g g l e Royal had the law on h i s s i d e . The d e s i r e s of the members were made manifest i n a statement which shows t h a t the m a j o r i t y wanted a r e a l l y r e s p o n s i b l e government: " They ( 51 V i c t . , chap. 19, s. 13-14.) f u r t h e r p r o v i d e - , as we undertand them, th a t your i n i t i a t i v e s h a l l be on the advice of f o u r Members of the Assembly, who, inasmuch as they are i n t e g r a l p a r t s o f the Assembly- by and w i t h whose advice and consent Your Honor governs- must be h e l d to r e -present, and t h e r e f o r e be r e s p o n s i b l e t o i t , as they can-not be t o Your Honor, whom i t i s p r o v i d e d s h a l l a c t on t h e i r a d v i c e . I t t h e r e f o r e appears to t h i s House that Your Honor's c o n t e n t i o n ' t h a t the Act gave the A d v i s o r y C o u n c i l 1 and the Lieutenant-Governor absolute c o n t r o l of the Ter-' r i t o r i a l revenues' i s not born out, and indeed t h a t the wording of the Act most d i s t i n c t l y c o n t r a d i c t s Your Honor's c o n t e n t i o n " . 87. They b e l i e v e d t h a t i f i t had not been the i n t e n t i o n of the framers of the A c t , that the a d v i s o r y c o u n c i l be r e s p o n s i b l e to the assembly, statement to t h a t e f f e c t would have been made, 86. J o u r n a l s , 1890, pp. 114-115. 87. J o u r n a l s , 1890, p. 115. 1£8 to prevent c o n f u s i o n . The stand taken by Royal regarding the appointment of a c o u n c i l fro© the m i n o r i t y , d i d not appear to the committee to be borne out by the terms of the North-West T e r r i t o r i e s A c t . They d e c l a r e d : " As we understand the Seetions of the Act already quoted, Your Honor may govern under i n s t r u c t i o n s from Ottawa ( i n cases when f o r any reason you cannot act w i t h the House) or by and w i t h the a d v i c e and consent of the l e g i s l a t i v e Assembly; but we can f i n d nothing to show th a t Your Honor i s empowered to govern w i t h A d v i s e r s r e s p o n s i b l e only to y o u r s e l f and independent of both the Ottawa Government&nd t h i s House, which i s the p o s i t i o n Your Honor appears to t a k e . " 88. Having d i f f e r e d w i t h lieutenant-Governor Royal r e s p e c t -i n g h i s i n t e r p r e t a t i o n of the A c t , the committee put forward the b a s i s upon which the house a s s e r t e d i t s r i g h t to c o n t r o l the moneys voted by the Parliament of Canada f o r T e r r i t o r i a l government: " 1. They are i n g e n e r a l terms a p p r o p r i a t e d f o r the pur-poses of the l o c a l Government, which Government we under-stand the Horth-West Act to d e c l a r e must be c a r r i e d on by and w i t h the a d v i c e and consent of t h i s Assembly. (b) I n p a r t i c u l a r , they are apportioned to purposes whieh are c o n t r o l l e d by, or dependent upon, the a c t i o n of t h i s House . 2. i f our l e g i s l a t i o n i s to be of f u l l b e n e f i t to the people of the T e r r i t o r i e s , we must be made aware from year to year of the amount of funds which can be dep-ended upon to g i v e e f f e c t to t h a t l e g i s l a t i o n , and we can only p r o p e r l y become aware by the e x e r c i s e of concurrent, i f not a b s o l u t e , c o n t r o l . The Assembly f u r t h e r c l a i m s the r i g h t of the c o n t r o l of these funds on the ground t h a t they must be considered as of the same nature as the s u b s i d i e s r e c e i v e d from the F e d e r a l Treasury by the s e v e r a l P r o v i n e e s r t h a t i s , as a r e t u r n , f o r the support of the l o c a l Government, on taxes p a i d by the people to the F e d e r a l Treasury . To sum up: The Assembly bases i t s c l a i m to c o n t r o l : 1 s t , On the i n t e n t expressed i n p l a i n terms by the t i t l e of the vote i n P a r l i a m e n t ; 2nd, On the nesess-i t i e s of the case, as i t a f f e c t s the people of these T e r r i t o r i e s through the l e g i s l a t i o n of t h i s Assembly; and 83. J o u r n a l s , 1890, pp.115-116. 1£9 3 r d , on the absolute r i g h t of the peaple of the n o r t h -West T e r r i t o r i e s - a c c o r d i n g to the scheme of Confeaeration-to the f u l l c o n t r o l of t h e i r own funds1.1 89. The address d r a f t e d by the members of the s p e c i a l committee r e f e r r e d to the manner i n which Royal had welcomed the f i r s t s e s s i o n of the assembly, and the form i n which.he gave h i s assent to Ordinance l o . 8 of 1888, the supply b i l l . As was noted above, these were taken by the assembly as pre-cedents i n the f i g h t f o r g r e a t e r powers: " I t may he mentioned t h a t the sums pr o v i d e d i n the above mentioned Ordinance i n c l u d i n g funds d e r i v e d from T e r r i t -o r i a l , A d m i n i s t r a t i v e and F e d e r a l sources, but only i n c l -uded t h a t p o r t i o n of such funds not expended under author-i t y of Your Honor w h i l e a c t i n g as A d m i n i s t r a t o r of the Horth-West Government before the Assemhly had been c a l l e d to your a s s i s t a n c e . Thereby making c l e a r that w h i l e the Assembly assumed f u l l r e s p o n s i b i l i t y , w i t h Your Honor's formal and f u l l consent f o r a l l funds on hand at the time, i t assumed and was accored no r e s p o n s i b i l i t y r e g a r d i n g funds which were not to be administered by and w i t h i t s advice and consent'.' 90. The committee commented upon the apparent change i n a t t i t u d e of Lieutenant-Governor R o y a l , f o r which he had g i v e n 91 no reason. They r e g r e t t e d t h a t His Honor had w i t h h e l d h i s statement f o r such a c o n s i d e r a b l e p e r i o d , and t h a t i n i t they c o u l d f i n d no " d e f i n i t e statement of Your Honor's a u t h o r i t y " f o r i n t e r p o s i n g Your Honor's power as A d m i n i s t r a t o r of the Horth-West Government between the people of the T e r r i t o r i e s and what appears to us to be a proper c o n t r o l by them of the moneys a p p r o p r i a t e d by the Parliament of Canada f o r the pur-9£ poses of t h e i r l o c a l government'.' Reference was made to the 89. J o u r n a l s , 1890, pp. 116-117. Repr i n t e d i n O l i v e r , I I , 1131. 90. J o u r n a l s , 1890, pp. 119-1£0. Re p r i n t e d i n O l i v e r , I I , 1133. 91. Royal was r e s p o n s i b l e to f e d e r a l a u t h o r i t i e s i n Ottawa from whom he r e c e i v e d h i s appointment. I t has been noted 130 r e p o r t of M i n i s t e r of J u s t i c e Thompson, and the committee d e c l a r e d t h a t u n t i l a statement of a u t h o r i t y was l a i d before the House: "We are compelled to i n t e r p r e t the law f o r ourselves and to a s s e r t by every l e g i t i m a t e means our r i g h t to t h a t measure of c o n t r o l of the p u b l i c funds of these T e r r i t o r i e s which was e x e r c i s e d by us at the f i r s t Sess-i o n of t h i s Assembly, and of which we are now deprived hy the a c t i o n of Your Honor i n i g n o r i n g the m a j o r i t y of t h i s House w i t h o u t , so f a r as we are yet aware, any change i n the law on the subject having been made," 93. U n f o r t u n a t e l y , or p o s s i b l y f o r t u n a t e l y , t h i s address was not 94 presented to the l i e u t e n a n t - g o v e r n o r , as no p a r t i c u l a r body was charged w i t h the duty of seeing i t reached the d e s i r e d d e s t i n a t i o n . I t remains i n the J o u r n a l s , only to be brought to l i g h t by c u r i o u s h i s t o r y students, who f i n d i n i t the a s p i r a t i o n s and wounded f e e l i n g s of e a r l y l e g i s l a t o r s i n the Horth-West T e r r i t o r i e s . As i n p r e v i o u s meetings of the assembly of the Horth-West T e r r i t o r i e s , much time was devoted to r e i t e r a t i n g the demands of previous years. Education, l o c a l government, mag-i s t e r i a l f u n c t i o n s of p o l i c e o f f i c e r s , a l l had f a i l e d to secure the d e s i r e d a t t e n t i o n from the f e d e r a l government, and again the l e g i s l a t i v e assembly humbly prayed that a c t i o n be taken thereon. The question of immigration occupied the a t t e n t i o n of l e g i s l a t o r s , and when the matter of expenditure f o r adver-t i s i n g was r a i s e d , the committee on the subject recommended " t h a t , before any l a r g e and expensive p r o j e c t s of t h i s nature 91. (con't.) t h a t h i s a t t i t u d e i n 1888 had r e c e i v e d adverse c r i t i c i s m . 92. J o u r n a l s , 1890, p. 120. R e p r i n t e d i n O l i v e r , I I , 1134. 93. J o u r n a l s , 1890, p. 120. R e p r i n t e d i n O l i v e r , I I , 1134. 94. J o u r n a l s , 1890, p. 123, n . l . 1 3 1 "are decided on, the Assembly should have the matter i n i t s 95 "entiretyteubmitted to i t f o r app r o v a l . " The assembly which d e s i r e d to c o n t r o l the l i e u t e n a n t - g o v e r n o r ' s a d v i s e r s , a l s o d e s i r e d to c o n t r o l members of i t s own committees, In c l o s i n g the se s s i o n s of the f i r s t l e g i s l a t i v e 96 assembly of the Horth-West T e r r i t o r i e s , Royal again congrat-u l a t e d the members upon the p r a c t i c a l c h a r a c t e r of t h e i r l l e g -i s l a t i o n . I t must never be f o r g o t t e n , that the assembly rep-r e s e n t e d the needs of a pioneer community, and th a t while i t was attempting to secure the powers of ol d e r l e g i s l a t u r e s , the requirements of the s e t t l e r s were not negl e c t e d . The l i e u t -enant-governor r e f e r r e d to the c o n s t i t u t i o n a l d i f f i c u l t i e s which had a r i s e n , and from h i s statements, i t would appear t h a t he was i n accord w i t h the a s p i r a t i o n s of the assembly, but was r e s t r a i n e d by f e d e r a l p o l i c y : " I cannot but r e g r e t the unfortunate d i f f e r e n c e of o p i n i o n , which has a r i s e n r e s p e c t i n g the i n t e r p r e t a t i o n to be p l a c e d upon the p o r t i o n of our c o n s t i t u t i o n , which r e l a t e s to the powers of the Adv i s o r y C o u n c i l , and I d e s i r e to again convey to you the assurance that w h i l e I cannot, f o r reasons a l r e a d y communicated to you, accede to your c l a i m to c o n t r o l the expenditure of the moneys voted by the Parliament of Canada f o r the Government of the lorth-West T e r r i t o r i e s , I have always been thoroughly i n accord w i t h you i n your c o n t e n t i o n that you are e n t i t l -ed to c o n t r o l , through an A d v i s o r y C o u n c i l possessing your confidence, the expenditure of the T e r r i t o r i a l Reven-ues'.' 97. He p a i d t r i b u t e to those who had acted as an a d v i s o r y c o u n c i l 95. J o u r n a l s , 1890, p. 62. 96. By the terms of the Horth-West T e r r i t o r i e s Act of 1888, members of the assembly were e l e c t e d f o r three y e a r s . 97. J o u r n a l s , 1890, p. 134, R e p r i n t e d i n O l i v e r , I I , 1135-1136. 132 when he was faced w i t h the problem of being unable to secure the s e r v i c e s of a group, at once, i n accord w i t h h i s i n t e r -p r e t a t i o n of the H o r t h - W e s t - T e r r i t o r i e s Act, and possessing the confidence of the assembly. An i n t e r e s t i n g s i d e - l i g h t upon the a t t i t u d e of the l i e u t e n a n t - g o v e r n o r i s given i n an i n t e r v i e w i n Ottawa, December 1890: " 1 I t i s true that the Assembly d i d not vote estimates, but you know that amounts to a vote of confidence i n me.' 1 How so?'. 1 Oh, because a clause i n our c o n s t i t u t i o n says that a l l unappropriated funds s h a l l be expended by the l i e u t e n a n t -Governor' . ' So you w i l l have c o n t r o l of a l l unvoted f u n d s ? 1 . T E x a c t l y 1 " 98. C o n t r o l of the c i v i l l i s t d i d not trouble t h i s c a r e - f r e e r e -p r e s e n t a t i v e of a u t h o r i t y whose s a l a r y came from Ottawa,ear-marked f o r the purpose. However, Royal must not be judged apart from h i s o f f i c e . He was the r e p r e s e n t a t i v e of a r u l -i n g power, whose d i c t a t e s must be observed whether or not ~ they were imn accord w i t h h i s own ideas or those o f h i s ad-v i s e r s . Between the c l o s i n g of the f i r s t l e g i s l a t i v e assembly of the Horth-West T e r r i t o r i e s , and the assembling of the second, an unprecedented step i n the movement f o r g r e a t e r powers was taken. Members of the advisory c o u n c i l , Messrs. B r e t t and B e t t s , who had been a c t i n g i n o p p o s i t i o n to the m a j o r i t y i n the T e r r i t o r i e s , went to Ottawa to induce the Dominion government to g i v e the T e r r i t o r i e s a complete system 98. Quoted by O l i v e r , T. R. S. C., 1923, S e c t i o n I I , pp. 108-109. 133 of r e s p o n s i b l e government. The a c t i o n developed a new d i f -f i e u l t y whieh the members of the assembly mast s o l v e . In Regina the a d v i s o r y c o u n c i l had encountered d i f f i c u l t i e s w i t h a m a j o r i t y who claimed that r e s p o n s i b l e government was the a s p i r a t i o n of the people of the T e r r i t o r i e s . I n Ottawa t h i s d e l e g a t i o n met w i t h o p p o s i t i o n from T e r r i t o r i a l members of the senate and house of commons, who maintained t h a t respon-s i b l e government was not the a s p i r a t i o n , of the people of the 99 T e r r i t o r i e s . They i n s i s t e d that the demand arose from the ambitions of the members of the assembly i t s e l f . Who repre-sented the sentiment of the T e r r i t o r i e s ? F e e l i n g was not i d e n t i f i e r , throughout the vast a r e a . " I t i s probably true that " that the people were not as e n t h u s i a s t i c f o r r e s p o n s i b l e " government as.the m a j o r i t y i n the Assembly d e c l a r e d , nor; as " i n d i f f e r e n t to i t , or even as opposed to i t , as the T e r r i t -" o r i a l members at Ottawa suggested. I t seems to be the case " that the A d v i s o r y C o u n c i l i t s e l f as represented i n the d e l e -" g a t i o n , although i t c o u l d not command the support of the " m a j o r i t y i n the assembly, occupied a p o s i t i o n w i t h reference "to r e s p o n s i b l e government that was not u n l i k e that of the " people of the T e r r i t o r i e s themselves,- they were not averse " to i t i f i t c o u l d be achieved w i t h i n the law and i f the ad-" vantages t h a t would accrue would outweigh the a d d i t i o n a l 100 " expenses th a t would be e n t a i l e d by having i t " . 99. I t has a l r e a d y been noted t h a t when r e p r e s e n t a t i v e s of the T e r r i t o r i e s entered the l a r g e r arena of f e d e r a l p o l i t i c s , they l o s t touch w i t h l o c a l members. 100. O l i v e r , l o c . c i t . , p. 110. 134 On J u l y 6, 1891, Honourable Edgar Dewdney in t r o d u c e d a B i l l i n t o the Dominion House to amend the Horth-West Terr-i t o r i e s A c t . By i t the l e g a l experts who had h i t h e r t o sat w i t h the assembly, were removed and the l a t t e r was g i v e n power to make Ordinances not only i n r e l a t i o n to the expenditure of T e r r i t o r i a l funds, but a l s o i n respect to those p o r t i o n s of the Dominion a p p r o p r i a t i o n f o r the T e r r i t o r i e s which the l i e u t e n a n t - g o v e r n o r was a u t h o r i z e d to spend i n concurrence w i t h the l e g i s l a t i v e assembly or any of i t s committees. This l e f t a p o r t i o n of the f e d e r a l grant s t i l l under the c o n t r o l of the l i e u t e n a n t - g o v e r n o r . The f i r s t assembly to meet under the act gathered at Regina, December 10, 1891, w i t h over h a l f i t s number being 101 experienced l e g i s l a t o r s . In h i s opening address, l i e u t e n a n t -101. Members e l e c t e d to s e r g e i n the L e g i s l a t i v e Assembly of  the Ho'rth-WesT T e r r i t o r i e s , 1891. Moosomin ; John Ryerson H e f f . Wallace : J o e l Reaman. Whitewood : D a n i e l Campbell. S o u r i s : George Henry Ehowling. Wolseley : James Peers D i l l . South Qu'Appelle Horth Qu'Appelle : George Suize Davidson. : W i l l i a m Sutherland. Horth Regina : David F i n l a y J e l l y . South Regina : D a n i e l Mowat. Moose Jaw : James Hamilton Ross. Oannington : Samuel Spencer Page. Medicine Hat : Thomas Tweed. Lethhridge : Charles Alexander Magrath. Macleod : F r e d e r i c k W i l l i a m Gordon H a u l t a i n . Oalgary : John Line ham. : Hugh S t . Quentin Cayley. Banff : Robert George B r e t t . Red Deer : F r a n c i s Edward W i l k i n s . Edmonton : Frank O l i v e r . S t . A l b e r t : Antonio P r i n c e . B a t t i e f o r d : James C l i n k s k i l l . M i t c h e l l : H i l l y a r d M i t c h e l l . 135 Governor Royal r e f e r r e d to the i n c r e a s e d powers which en-ab l e d the l e g i s l a t u r e t o pass Ordinances i n r e l a t i o n to the expenditure of T e r r i t o r i a l funds and the moneys appro p r i a t e d by parliament which the l i e u t e n a n t - governor was " author-" i z e d to expend by and w i t h the advice of the l e g i s l a t i v e 102. " Assembly or of any Committee thereof".On December 15, 1891, 101. (con't.) Batoche : Charles U o l i n . K i n i s t i n o : W i l l i a m F r e d e r i c k Meyers. Cumberland : John F e l t o n B e t t s . P r i n c e A l b e r t : Thomas McKay. R. B. Gordon, C l e r k . D a n i e l Campbell: Unable to procure p a r t i c u l a r s regard-i n g t h i s member. In 1894 he was dismissed from the house f o l l o w i n g a charge of m i s a p p r o p r i a t i o n of funds and f a i l u r e to answer to same. George Henry Knowling: Born i n Ontario, where he was educated. A lumber merchant. A Conservative. James Peers D i l l : Born i n Hova S c o t i a of Un i t e d Empire l o y a l i s t descent. A farmer, Member of the M u n i c i p a l C o u n c i l of Wolseley 1 8 8 7 - 1 8 8 9 . An Independent. D a n i e l Mowat: Born i n Ottawa where he r e c e i v e d h i s educ-a t i o n . A merchant. A Conservative. Samuel Spencer Page: Born and educated i n England. Came to Canada i n 1882, s e t t l i n g at Cannington where he became a farmer and school teacher. A l i b e r a l . Charles Alexander Magrath: Born and educated i n Ontario. Moved to Horth-West T e r r i t o r i e s 1878. l a n d Commission-er A l b e r t a Railway and Coal Company. Dominion Topo-g r a p h i c a l Surveyor. Member of H a u l t a i n ' s cabinet 1897. Represented Medicine Hat House of Commons 1908-1911. Manager Canadian Horth-West I r r i g a t i o n Company. Pre- . sent Chairman of the I n t e r n a t i o n a l J o i n t Commission ( August 19, 1 9 3 2 . ) . A Conservative. F r a n c i s Edward W i l k i n s ) Antonio P r i n c e ) Unable to secure p a r t i c u l a r s . C harles H o l i n ) W i l l i a m F r e d e r i c k Myers: Born i n Ontario of Canadian parentage. Moved to Horth-West T e r r i t o r i e s 1879. A farmer and rancher. A Conservative. Thomas McKay: Son of Hudson's Bay Company F a c t o r , he was born a t F o r t P e l l y i n the Horth-West T e r r i t o r i e s . A farmer. F i r s t Mayor of P r i n c e A l b e r t . Member o f the R e b e l l i o n l o s s e s Commission 1885-1886. Member of the Cayley government 1892 when the H a u l t a i n Admin-i s t r a t i o n was defeated i n the house. A Conservative. 102. J o u r n a l s , 1891-1892, p. 13. 136 Royal announced " that i n view of the o p i n i o n expressed by 103 " the Deputy M i n i s t e r of J u s t i c e TT he d i d not i n t e n d to appoint an a d v i s o r y c o u n c i l , unless the assembly considered such appointment necessary to enable i t to e x e r c i s e the pov^ers c o n f e r r e d upon i t . In r e p l y i n g to the speech from the throne, the assembly showed i t s e l f w i l l i n g to make the best of the t r a n s i t o r y nature of c o n d i t i o n s i n the T e r r i t o r i e s : " The proper c a r r y i n g out of these d u t i e s e f f e c t i v e l y , but at the same time as economically as our r e s p o n s i b i l i t i e s w i l l a l l o w , i s a task which demands judgement and d i s c r e t i o n . In p r o v i d i n g the new machinery which i t w i l l be necessary f o r the Assembly to devise i n order to discharge these dut-i e s f a i t h f u l l y i t w i l l , no doubt, be necessary f o r a time, w h i l e f o l l o w i n g them as f a r as p o s s i b l e , to deviate i n some s l i g h t r e s p e c t from the models f u r n i s h e d i n the C o n s t i t u t i o n s of the v a r i o u s P r o v i n c e s of the Dominion on account of the d i f f e r e n c e s which s t i l l e x i s t i n the measure of r e s p o n s i b l e government possessed by them and by ourselves r e s p e c t i v e l y . Our l o c a l C o n s t i t u t i o n i s s t i l l , as Your Honor i s aware, to a c e r t a i n extent t e n t a t i v e , and, u n t i l t h i s i s remedied, consequent a c t i o n on our part must be**a s i m i l a r l y t e n t a t i v e c h a r a c t e r . " 104. During t h i s s e s s i o n a motion was brought forward to s u b s t i t u t e vote by b a l l o t f o r the system of open v o t i n g which 105 had been i n use. This was a step i n advance, f o r i t would give the people g r e a t e r l i b e r t y w i t h r e s p e c t to the e x e r c i s e 106 of the f r a n c h i s e . In the same s e s s i o n , the c o n t r o l of the 103. M i n i s t e r of J u s t i c e to the Deputy M i n i s t e r of the In-t e r i o r . R e ferred t o , J o u r n a l s , 1891-1892, p. 21. 104. J o u r n a l s , 1891-1892, p. 46. 105. "The g r o s s e r abuses of the system of non-similtaneous " e l e c t i o n s were remedied i n 1874, but not t i l l 1878, " was the b a l l o t used and si m i l t a n e o u s v o t i n g e s t a b l i s h e d " i n a l l but a few c o n s t i t u e n c i e s of the f i v e e a s t e r n " p r o v i n c e s . I n 1882 Manitoba voted s i m i l t a n e o u s l y w i t h " the east" . E s c o t t M. Reid, The Rise of n a t i o n a l P a r t i e s i n Canada, Canadian P o l i t i c a l Science A s s o c i a t i o n , Pro-ceedings, 1932. 106. The B i l l however, was not passed owing to p r o r o g a t i o n by Ro y a l . The f i r s t use of the s e c r e t b a l l o t was at an 137 l i q u o r t r a f f i c was placed, i n the hands of the assembly. C o n t r o l of the f e d e r a l grant had been the bone of c o n t e n t i o n f o r s e v e r a l y e a r s . Funds f u r n i s h e d by Ottawa were a l l o t t e d f o r v a r i o u s purposes, and c o u l d not be t r a n s f e r r -ed to any other department. This was d e t r i m e n t a l to the i n -t e r e s t s of the T e r r i t o r i e s , f o r , as has been seen throughout the whole p e r i o d of T e r r i t o r i a l h i s t o r y , a u t h o r i t i e s i n Eastern Canada were too f a r removed to understand the needs of the people f o r whom they were l e g i s l a t i n g . On January 23, 1892, i t was r e s o l v e d : " That the n e c e s s i t i e s of l o c a l government i n t h e Horth-West T e r r i t o r i e s demand tha t i n s t e a d of an annual vote by the Parliament of Canada of an i n d e f i n i t e sum f o r expenses of government, a f i x e d amount i n the nature of a subsidy should be granted to the T e r r i t o r i e s " . 107. Among the c o n s i d e r a t i o n s which the assembly f e l t should a f f e c t the amount o f the gr a n t , were th a t i t should be upon a per c a p i t a b a s i s , of e i g h t y cents per head as allowed the p r o v i n c -es, and f i x e d f o r a term of not more than f o u r years. The l a t t e r c o n s i d e r a t i o n was i n s e r t e d because «fthe r a p i d l y i n c r e a s -i n g p o p u l a t i o n of the T e r r i t o r i e s . Members asked f o r i n t e r e s t at the rate of f i v e percent per annum (5fo)on the debt account, a s p e c i f i c grant f o r c a r r y i n g on the government of the T e r r i t -o r i e s a t l e a s t as l i b e r a l as that t o Manitoba, and a grant i n 108 l i e u of l a n d s . In t h i s r e s o l u t i o n were summed up the f i n a n c i a l 106. (con't.) e l e c t i o n i n Whitewood i n 1894* 107. J o u r n a l s , 1891-1892, pp. 126-127. 108. In 1882 Manitoba r e c e i v e d a grant i n l i e u of lands, and two years l a t e r swamp lands were t r a n s f e r r e d to the pr o v i n c e . ( See next page) 138 needs of the T e r r i t o r i e s , demands which were to take preced-ence over a l l other questions once the f i r s t d e s i r e s f o r r e s p o n s i b l e government were s a t i s f i e d . As a r e s u l t of the memorials adopted by the T e r r i t o r -i a l assembly i n r e g a r d to the f e d e r a l grant, H a u l t a i n w a s i n -v i t e d to Ottawa i n March 1892, to confer w i t h the Dominion 109 government. A sub committee of the P r i v y C o u n c i l was appoint-ed to consider the s u b j e c t . As a r e s u l t of i t s d e l i b e r a t i o n s , i t recommended a grant by way of subsidy, to the T e r r i t o r i e s o f $250,000.00, i n a d d i t i o n to p r o v i s i o n by separate r a t e s , f o r those s p e c i a l s e r v i c e s a d m i n i s t e r e d by the Departments/of J u s t i c e and the I n t e r i o r , as w e l l as f o r the o f f i c e of the l i e u t e n a n t - g o v e r n o r , and the s t a t u t o r y expenditure under the Horth-West T e r r i t o r i e s A c t , making a t o t a l grant of over $300,000.00. This recommendation was not e n t e r t a i n e d by the P r i v y C o u n c i l , but subsequently the lump sum of $193,000.00 was granted, an i n c r e a s e of over $50,000.00. The second s e s s i o n of the l e g i s l a t u r e convened at Eegina, August 2, 1892. The only change i n personnel: was 108. (con't.) P o s s i b l e income on the above b a s i s : Estimated p o p u l a t i o n 1891, 67,500 Mean p o p u l a t i o n next four y e a r s , 125,000 Y i e l d at r a t e of 80$ per head $100,000.00.. On debt account 5f> on $27.77 per head of 67,500 93,723.75. S p e c i a l grant equal to Manitoba 50,000.00 Grant i n l i e u of lands 125,000.00 $368; -723. TS Based on Alexander Begg, H i s t o r y of the Horth-West,(Toronto, 1894.), 111,378, but obvious e r r o r s i n c a l c u l a t i o n c o r r e c t e d . 109. A l l expenses of the t r i p were p a i d by the f e d e r a l government. 139 the r e p l a c i n g of Charles H o l i n , the member from Batoche, whose e l e c t i o n had been d e c l a r e d v o i d , by Charles Eugene 110 Boucher. A s p e c i a l committee was appointed to consider the question of d r a f t i n g a memorial to the Dominion government on the matter of l a n d t i t l e s ! o f f i c e s i n the T e r r i t o r i e s . As a r e s u l t a r e s o l u t i o n , embodying western f e e l i n g on the ques-t i o n , d e c l a r e d : " That the a t t e n t i o n of the l e g i s l a t i v e Assembly of the T e r r i t o r i e s has been c a l l e d to the f a c t that a B i l l , i n -troduced i n t o P a r l i a m e n t l a s t s e s s i o n , proposed to mater-^__ i a l l y modify the p r i n c i p l e s upon which the r e g i s t r a t i o n of l a n d t i t l e s i n the Horth-West has p r i n c i p a l l y been based, by changing the present d e c e n t r a l i z e d system, which has been found adopted to the requirements of the country, to a c e n t r a l i z e d one, which, i n the o p i n i o n of the Assembly, would not be adopted: That i n c o n s i d e r i n g the matter, the Assembly i s agreed t h a t the time has come when c o n t r o l of the r e g i s t r a t i o n of l a n d t i t l e s may s a f e l y be v e s t e d i n the T e r r i t o r i a l Govern-ment under whose management i t i s judged that the system, without d i s t u r b i n g the present incumbents of o f f i c e or t h e i emoluments, (111) c o u l d be m a t e r i a l l y cheapened both i n cost of management and i n the fee chargeable to the p u b l i c . That, i n l e g i s l a t i n g upon p r o p e r t y and c i v i l r i g h t s , whieh i s w i t h i n the competence of the Assembly, Ordinances have been passed i n r e g a r d - amongst other t h i n g s - to Mechanics' l i e n s , E x p r o p r i a t i o n of l a n d and Tax ( and other o f f i c i a l ) s a l e s , and the question must f r e q u e n t l y a r i s e of how f a r such Ordinances are i n harmony w i t h the T e r r i r -o r i e s ' R e a l P r o p e r t y A c t , or can be enforced w i t h due r e -ference t h e r e t o : That i t i s an anomaly that w i t h the other powers of l e g i s l a t i o n now possessed by the Assembly the power of l e g i s l a t i n g upon the r e g i s t r a t i o n of l a n d T i t l e s should 110. Charles Eugene Boucher: Born at St. F r a n c a i s Z a v i e r Manitoba, of French parents. A farmer. A Conser-v a t i v e . 111. B r i n g s to mind the case of B r i t i s h Columbia where Musgrave promised p o s i t i o n s or pensions to h e s i t a n t o f f i c i a l s , whose s e c u r i t y would be a f f e c t e d by union w i t h Canada. I n t e r e s t i n g l i g h t upon t h i s aspect of o f f i c i a l a t t i t u d e towards Confederation i s g i v e n by Dr. W. H. Sage i n an a r t i c l e " The C r i t i c a l P e r i o d of B r i t i s h Columbia H i s t o r y , 1866-1871. (Read i n manuscript.) 1 4 0 U S be wanting". The question of f i n a n c i a l c o n t r o l soon came to the f o r e , w i t h i t s attendant r e s i g n a t i o n of c o u n c i l l o r s , The r a p i d s u c c e s s i o n of executive committees of the Horth-West T e r r i t o r i e s , remind the reader of the short l i v e d m i n i s t r i e s which preceeded Canadian Confederation. An O r d e r - i n - C o u n c i l , announced /that the moneys a p p r o p r i a t e d f o r the purposes of government i n the T e r r i t o r i e s , to the amount of $193,200.00, had been t r a n s f e r r e d to the l i e u t e n a n t - g o v e r n o r to be d i s b u r s e d , upon the advice and consent of the l e g i s l a t i v e assembly, or any of i t s committees. At l e a s t some advance had been made as a r e s u l t of the v i s i t of H a u l t a i n to Ottawa. On August 23, 1892, he e x p l a i n e d t h a t the f u l l import of t h a t conference as a r e s u l t of a question of D a n i e l Campbell, member f o r Whitewood. The e x e c u t i v e committee was asked: " 1. What a c t i o n , i f any, has been taken i n r e s p e c t to the R e s o l u t i o n passed at the l a s t Session of t h i s Assembly, w i t h reference to the annual a p p r o p r i a t i o n made by the Parliament of Canada f o r the Government of the T e r r i t o r i e s ? 2. What has been the r e s u l t , i f any, i n regard to that R e s o l u t i o n ? " 113. 114 H a u l t a i n , the premier, r e p l i e d by g i v i n g a summary of the outcome of h i s v i s i t to Ottawa, the substance o f which 112. J o u r n a l s , F i r s t S e s s i o n , 1892, p. 35. 113. J o u r n a l s , F i r s t Session, 1392, p. 52. 114. By the^prdinance of December 24, 1891, r e s p e c t i n g the executive g'ranT^of the T e r r i t o r i e s , an executive committee was c r e a t e d , c o n s i s t i n g of f o u r members. One member took up residence at Regina. This was a step i n the d i r e c t i o n of r e s p o n s i b l e government, but the term c a r r i e d a v a s t l y d i f -f e r e n t meaning from t h a t used i n the provinces where p a r t i e s e x i s t e d . 140 was noted above. However, h i s c o n c l u s i o n w i t h regard to the advances i n power which the present s e s s i o n enjoyed over the previous one, i s worth n o t i n g : " l a s t S e s s i o n the amounts f o r each s e r v i c e were s p e c i f i e d by an i t e m i z e d ? o t e . • How the Assembly apportions the lump v"ote a t i t s d i s c r e t i o n and a c c o r d i n g to the a c t u a l n e c e s s i t -i e s of the Country. l a s t Session the amounts of the s e v e r a l Totes had to be expended upon the s e r v i c e i n d i c a t e d by the Vote, or l a p s e . How the whole amount of the lump Vote i s a v a i l a b l e f o r any purpose". 115. F o l l o w i n g the c o n c l u s i o n of the budget speech, J. F. B e t t s , seconded by D. Mowat, moved a vote of want of c o n f i d -ence i n the executive committee. I t was moved i n the amend-ment to a motion t h a t the house go i n t o committee of supply, " That the conduct of the Executive Committee towards the D i s t r i c t of Saskatchewan, and i n other r e s p e c t s , has been such as to destroy the confidence of the House i n the Committee i n t h e i r c a p a c i t y as A d v i s e r s of His Honor the l i e u t e n a n t - G o v e r n o r " . 116. 112 The amendment was passed by a vote of t h i r t e e n to twelve , and a subsequent motion proposed by H. S. Cayley, seconded by R. G. B r e t t to the e f f e c t that " The Executive Committee does 118 " not r e t a i n the confidence of t h i s House", was passed by the same d i v i s i o n . The i l l treatment of the d i s t r i c t of Saskat-chewan to which the motion r e f e r r e d , concerned the appoint-ment of H. S. Cayley to succeed James C l i h k s k i l l when the l a t -1 1 9 t e r r e s i g n e d as member of the executive committee duri n g the 115. J o u r n a l s , F i r s t Session, p. 55. Reprinted i n O l i v e r , I I , 1143. 116. J o u r n a l s , F i r s t Session, p. 70. 117. Yeas- Messrs. B e t t s , McKay, Myers, Reaman, Mowat, B r e t t , Boucher, P r i n c e , Gayley, lineham, Davidson, C l i n k s k l l l , J e l l y . - 13. Hays- Messrs. Page, Knowlihg, D i l l , M i t c h e l l , H a u l t a i n , Tweed, Heff, A l i v e r , W i l k i n s , Campbell, Sutherland, Magrath. - 12. 118. J o u r n a l s , F i r s t Session, 1892, p. 72. 119. C l i n k s k i l i apposed a new School Ordinance which prov i d e d t h a t a l l schools should be i n s p e c t e d by the same o f f i c -i a l s , i n s t e a d of by C a t h o l i c and P r o t e s t a n t i n s p e c t o r s . 141 s e s s i o n of 1891. C l i n k s k i l l represented B a t t l e f o r d i n the D i s t r i c t of Saskatchewan, and Cayley came from Calgary i n the D i s t r i c t of A l b e r t a . Thus the balance whieh had e x i s t -ed between the v a r i o u s d i s t r i c t s had been upset. P r e v i o u s l y , each D i s t r i c t had i t s r e p r e s e n t a t i v e i n the executive com -m i t t e e . Dr. O l i v e r o f f e r s an e x p l a n a t i o n as to why Cayley should vote a g a i n s t H a u l t a i n on a motion which r e s u l t e d from the appointment of the former; n In the absence of Mr. H a u l t a i n i n Ottawa (March.1892) Mr. Cayley a c t e d as r e s i d e n t member of the Executive Com-mitte e d i r e c t i n g p u b l i c b u s i n e s s . On h i s r e t u r n from the east Mr. H a u l t a i n found t h a t h i s deputy was a s p i r i n g to make h i s p o s i t i o n permanent. The s i t u a t i o n became so s t r a i n e d that Cayley r e s i g n e d i n January 1892", and c o n s t i t u t e d h i m s e l f l e a d e r of the Opposition". 120. Upon Cayley's r e s i g n a t i o n , H i l l y a r d M i t c h e l l of Duck lake i n Saskatchewan was appointed, but the o l d grievance swung 121. the house a g a i n s t H a u l t a i n . A new e x e c u t i v e , c o n s i s t i n g of Messrs. H. S. Cayley, Thomas McKay, D a n i e l Mowat and J o e l Seaman, was announced on August 29, 1892. The committee, however, found i t s e l f un-able to c a r r y out a programme of l e g i s l a t i o n , f o r on the f o l l o w i n g day i t s b i l l to amend and c o n s o l i d a t e the Game Ordinance was defeated. H a u l t a i n moved an amendment to the b i l l , which was c a r r i e d a f t e r Speaker Ross came down from 119. (con't.) He was a member of the E s t a b l i s h e d Church of . S c o t l a n d , but among h i s c o n s t i t u e n t s i n B a t t l e f o r d , the Roman C a t h o l i c s were numerous. 120. O l i v e r , T. R. S. C., 1923, S e c t i o n I I , p. 114. 121. Cayley had b u i l t up a group i n o p p o s i t i o n to Mr. H a u l t a i n , and at a time when no p a r t i e s were i n e x i s t e n c e , i t was easy to swing the house by p e r s o n a l l e a d e r s h i p . 142 the c h a i r to support H a u l t a i n . Ross 1 reason f o r h i s a c t i o n as g i v e n to the house, i s worth n o t i n g , f o r without i t Bagot's phrase " the u n i v e r s a l t h i r s t f o r p l a c e " i s the most adequate d e s c r i p t i o n of the p e r i o d i n the T e r r i t o r i e s . Ross d e c l a r e d : " I was e l e c t e d Speaker of a House to which a l a r g e m a j o r i t y of those who f o r two years p r e v i o u s l y had heen s t r u g g l i n g f o r r e s p o n s i b l e government had been returned. As one o f the p a r t y which had been engaged i n that struggle|and had been s u c c e s s f u l i n the l a t e g e n e r a l e l e c t i o n , I reasonably expected t h a t any A d v i s o r y C o u n c i l or Committee which might be formed would be composed of those only who had belonged to t h a t p a r t y . Being i n p e r f e c t accord Y i/ith the m a j o r i t y of the House as to the course which would be pursued i n r e -gard to r e s p o n s i b l e c o n t r o l of our a f f a i r s , and to t h a t item of expenditure, the Roads, Bridges and D i s t r i c t Yote, w i t h which every E l e c t o r a l D i s t r i c t i s more d i r e c t l y con-cerned, I was s a t i s f i e d that the general r i g h t s of the Ter-r i t o r i e s , as w e l l as the p a r t i c u l a r i n t e r e s t s of my own D i s t r i c t , would be f u l l y p r o t e c t e d . In view oftaejdefeat of an Executive, advocating the p r i n -c i p l e s which I had s t r u g g l e d f o r longer than any other Member of t h i s House, and the success of a p a r t y e v i d e n t l y , indeed n e c e s s a r i l y , opposed to those p r i n c i p l e s , I f e e l t hat i n duty to myself and my c o n s t i t u u e n t s , I must place myself i n such a p o s i t i o n as to be able by v o i c e and vote to advocate those p r i n c i p l e s and p r o t e c t the i n t e r e s t s of those who e l e c t e d me to t h i s House. I now r e s i g n the pos-i t i o n of Speaker of t h i s House". 12,2. His r e s i g n a t i o n was f o l l o w e d by that of Deputy Speak-er W i l l i a m Sutherland. Ross' a c t i o n created a deadlock, as h i s vote, added to that of the H a u l t a i n f a c t i o n would exact-l y e q u a l i z e the p a r t i e s i n the house, l e f t without a pre-s i d i n g o f f i c e r , the members d i s p e r s e d . On August 31, 1892, an attempt by the Cayley f a c t i o n 123 to have Sutherland e l e c t e d speaker against h i s w i l l , f a i l e d , 122. J o u r n a l s , Seeond Session, 1892, p. 80. R e p r i n t e d i n O l i v e r , I I , 1148-1149. 123. The reason f o r t h e i r s e l e c t i o n of Sutherland i s not apparent. P a r t i e s were non-existent at the time, and 143 the votes being e q u a l l y d i v i d e d . The f o l l o w i n g day, some of C a y l e y 1 s f o l l o w e r s s i g n i f i e d to H a u l t a i n t h e i r w i l l i n g n e s s to co-operate i n the e l e c t i o n of a speaker. H a u l t a i n 1 s choice was Magrath, but when he went to d i s c u s s the matter w i t h the li e u t e n a n t - g o v e r n o r , H a u l t a i n found that Royal had a l r e a d y prorogued the assembly by proclamation, i n an e x t r a of the Horth-West T e r r i t o r i e s Gazette, l e a v i n g the Cayley Executive Committee i n o f f i c e . He thereupon i s s u e d a manifesto a t -t a c k i n g the conduct of the lie u t e n a n t - g o v e r n o r f o r having " taken the p o s i t i o n of a p o l i t i c a l p a r t i z a n by h i s a c t i o n " i n thus u n n e c e s s a r i l y and u n j u s t i f i a b l y proroguing the House, " to the i n j u r y of p u b l i c b u s i n e s s , and i n defiance of con-124 " s t i t u t i o n a l law and usage". The p o s i t i o n was indeed s e r i o u s , f o r an executive r e p r e s e n t i n g a m i n o r i t y of the assembly had f u l l c o n t r o l of the p u b l i c funds, amounting to ^300,000.00. By the s i x t h c l ause of the Ordinance r e s p e c t i n g the revenue, i t was pro-v i d e d that unless the ge n e r a l fund was app r o p r i a t e d by the Ordinance, A ct of Pa r l i a m e n t , or order of the Governor-General i n Go u n c i l , the Meutenamii- Governor i n G o u n c i l , 123. (con't.) The study of f a c t i o n s i n the c o u n c i l s and assemblies of the Horth West T e r r i t o r i e s i s beyond the scope of t h i s t h e s i s . Begg, op. c i t . , I l l , 381, sug-gests b r i b e r y had been attempted, but i t has been im-p o s s i b l e t o check t h i s charge. 124. Manifesto pi members of the T e r r i t o r i a l o p p o s i t i o n to the Dominion Government, August 31, 1892. Re p r i n t e d by , Begg, op. c i t . , I l l , 382-383. The members here make a d i s t i n c t i o n between the u n w r i t t e n laws of B r i t i s h ; c o n s t i t u t i o n a l government and the s t a t u t e law under which they were governed. By the Horth-West T e r r i t o r -i e s A c t , 1391, the lie u t e n a n t - g o v e r n o r had the r i g h t to d i s s o l v e the assembly. from time to time a p p r o p r i a t e the s a i d fund, or any p o r t i o n t h e r e o f , f o r any purpose of p u b l i c u t i l i t y i n the T e r r i t o r -i e s . He was to present a statement of such expenditure to the l e g i s l a t i v e assembly, w i t h i n the f i r s t t en days of the s e s s i o n f o l l o w i n g such expenditure . Under or d i n a r y c i r -cumstances the p r o v i s i o n would place great power i n the hands of the r e p r e s e n t a t i v e s of the people, but i n t h i s case, i t was to be a d m i n i s t e r e d by the m i n o r i t y . In September, Royal v i s i t e d Ottawa to con s u l t w i t h the f e d e r a l a u t h o r i t i e s r e g a r d i n g the deadlock. I t was w e l l known that they disapproved of h i s a c t i o n i n proroguing the assembly, and from a c o n s t i t u t i o n a l standpoint, the s i t -u a t i o n i n the T e r r i t o r i e s was c e r t a i n l y e x t r a o r d i n a r y . During the r e c e s s , Cayley and other members of the executive committee proceeded w i t h the conducting of p u b l i c a f f a i r s , but the death of J o e l Reaman, member f o r Wallace, 125 and the e l e c t i o n of F. R. I n s i n g e r , a supporter of H a u l t a i n , changed the balance i n the house, and promised a defeat f o r the Cayley f a c t i o n when the assembly next met. During the same p e r i o d , the r e p o r t of the M i n i s t e r of J u s t i c e to the e f f e c t that Ordinance Ho. I of 1891-1892, which had d e f i n e d the s t a t u s of the executive committee, was u l t r a v i r e s . I t was i n consequence of t h i s report that the executive com-mittee tendered i t s r e s i g n a t i o n the day before the s e s s i o n 126 commenced. 125. Unable to procure p a r t i c u l a r s r e g a r d i n g t h i s member. 126. C o n s i d e r i n g the d i v i s i o n of the house, a defeat of the executive would have been i n e v i t a b l e . 145 When the s e s s i o n opened on December 7, 1892, J. H. Ross, and W i l l i a m Sutherland were unanimously e l e c t e d speaker and deputy speaker. Royal, i n h i s opening address r e f e r r e d to the Report of the M i n i s t e r of J u s t i c e , and the statement r e g a r d i n g " An Ordinance r e s p e c t i n g the Executive Government "of the T e r r i t o r i e s " . Thompson's views are worthy of note, not only as an e x a m p l e of Canadian o p i n i o n as to the f e d e r a l r e l a t i o n to the T e r r i t o r i e s , but because of h i s p o s i t i o n as Premier of Canada from December 5, 1892, to December 12, 1894. R e l a t i v e to the Ordinance he de c l a r e d : " The subject of which t h i s Ordinance t r e a t s {' The Execut-i v e Government of the T e r r i t o r i e s ' ) i s r e g u l a t e d by ' The lorth-West T e r r i t o r i e s Act' of the Parliament of Canada and the A c t s i n the amendment th e r e o f , and, i n the view o f the undersigned, the Parliament of Canada i s paramount i n author-i t y as to a l l matters r e s p e c t i n g that s u b j e c t , and i s i n -deed the only a u t h o r i t y which can regula t e and def i n e the mode of government whieh i s t o e x i s t i n the T e r r i t o r i e s . I t f o l l o w s from t h i s that an Ordinance which goes beyond the mere: r e g u l a t i o n of d e t a i l and which i s not e n t i r e l y i n su b o r d i n a t i o n to the Act s of Parliament, or which l i m i t s or extends the powers and r e s p o n s i b i l i t i e s of the l i e u t e n a n t -Governor as e s t a b l i s h e d by those A c t s i s , so f a r , u l t r a  v i r e s of the l e g i s l a t u r e of the T e r r i t o r i e s " . 127. The reason f o r the disallowance of the Ordinance r e -gardi n g the executive government of the T e r r i t o r i e s i s c l e a r . Such an Ordinance would d e t r a c t from the powers of the c e n t r a l a u t h o r i t y , and s a t i s f y the cr a v i n g s of a growing body i n the west, which must never be allowed to f o r g e t t h a t i t was sub-o r d i n a t e . However, there were other Ordinances d i s a l l o w e d 127. John S. D. Thompson, M i n i s t e r of J u s t i c e , to the Governor-General i n C o u n c i l , September 29, 1892. S e s s i o n a l Papers I , Horth-West T e r r i t o r i e s , Second Session, p. 7. Bound w i t h J o u r n a l s . 146 f o r which no excuse can "be g i v e n . Ho p r o v i s i o n was made f o r the i n c o r p o r a t i o n of insurance companies g i v i n g p r o t e c t i o n a g a i n s t h a i l , and attempts to overcome t h i s d i f f i c u l t y were s t i f l e d . I t was j u s t another example of the already lengthy l i s t of m a n i f e s t a t i o n s , t h a t the Dominion government could not l e g i s l a t e s a t i s f a c t o r i l y f o r c o n d i t i o n s of which they were p r a c t i c a l l y i g n o r a n t . The t h i r d b i l l to be d i s a l l o w e d r e -l a t e d to the use of r i v e r s , creeks and streams f o r f l o a t i n g down l o g s , e t c . This time the stubborn l a n d question was c l o t h e d i n humorous g u i s e . The d i g n i f i e d M i n i s t e r o f J u s t i c e , sent f o r t h a weighty d e c i s i o n to the e f f e c t that while the banks might be h e l d by p r i v a t e persons, the water belonged to Canada! I t has been noted t h a t Royal must not be judged from apart from h i s o f f i c e , and the same i s true of Thompson. Both were g i v i n g form to the s p i r i t i n which eastern l e g i s l a t o r s regarded the west. On December 12, 1892, i t was r e s o l v e d ; TT That under the p r o v i s i o n s of Sub-section 12 of S e c t i o n 6, Chapter 22, 54 and 55 V i c t o r i a , a Committee of f o u r mem-bers of t h i s House be appointed to advise His Honor the Lieutenant-Governor i n r e l a t i o n to the expenditure of Ter-r i t o r i a l Funds and such p o r t i o n of any moneys ap p r o p r i a t e d by the Parliament of Canada f o r the T e r r i t o r i e s as the l i e u t e n a n t - Governor i s a u t h o r i z e d to expend by and w i t h the advice of the l e g i s l a t i v e Assembly or of any Committee t h e r e o f . " 128. The f o l l o w i n g day i t was moved that Messrs. H a u l t a i n , Heff, Tweed and M i t c h e l l be such a committee, but before the mot-i o n was passed the opposing p a r t y attempted to prevent such a c t i o n being taken. C l i n k s k i l l , seconded by B e t t s wanted the 128. J o u r n a l s , Second Session, 1892, p. 23. I 147 committee so composed that representation should be given to both p a r t i e s , which had recently existed i n the assembly. The amendment however, f a i l e d to pass, and the o r i g i n a l motion re-129 ceived the sanction of the majority of the house. It w i l l be noted that the committee was appointed for f i n a n c i a l a f f a i r s only. Such a d i s t i n c t i o n was i n order to keep w i t h i n the bounds set by the Minister of Justice's i n -t e r p r e t a t i o n of the Act of 1891. The powers, however, did not s a t i s f y those who wanted f u l l responsible government, and on December 19, 1892, Haultain moved, seconded by Tweed: " Resolved, That t h i s House claims the r i g h t of the House, through i t s Committee, to advise the lieutenant-Governor i n r e l a t i o n to a l l Executive Acts and Appointments made nec-essary by T e r r i t o r i a l Ordinances". 130. A copy was then sent by telegraph to the Prime Minister, John S. D. Thompson, and the M i n i s t e r of the I n t e r i o r . A few days l a t e r Haultain introduced a b i l l to repeal the Ordinance respecting the executive government of the Ter-r i t o r i e s , which had been declared u l t r a v i r e s . In i t s stead was passed a b i l l respecting expenditure. Haultain and Tweed appear to be leaders i n t h i s move for greater power, for on December 31, 1892, they brought f o r t h a motion by which i t was resolved; " That the Committee appointed by the Resolution of this House of the 13th. December to advise the Lieutenant-Governor i n r e l a t i o n to expenditure be the Executive Com-mittee of the T e r r i t o r i e s under the provisions of Ordinance Ho. 1 of 1892, i n t i t u l e d 8 An Ordinance respecting Expendit-ure' ". 131. 129. D i v i s i o n , 14-11. ( Apparently names not taken.) Journals, Second Session, 1892, p. 26. 130. Journals, Second Session, 1892, p. 44. 131. Journals, Second Session, 1892, p. 102. 148 C e r t a i n f u n c t i o n s which the assembly had delegated t o the e x e c u t i v e committee i t had been beyond the competence of the former to impose, but a way out was found by adding these d u t i e s to those a l r e a d y performed by the committee f o r f i n a n c -i a l a f f a i r s . This meant th a t a r e a l e x e cutive committee had been c r e a t e d , and the b a t t l e which the assembly had waged f o r so long was r e a l l y won. The same year a l s o witnessed a r e t u r n to the forms used i n 1888. A supply b i l l was presented, and assented t o i n the manner customary i n the r e s p o n s i b l e form of government. There was s t i l l a s l i g h t divergence from const-i t u t i o n a l p r a c t i c e whieh must be recognized, but which made no d i s t i n c t i o n as to a f f e c t . Instead of the l i e u t e n a n t - g o v e r n o r a p p o i n t i n g a m i n i s t r y , or r a t h e r c a l l i n g upon one man to form a m i n i s t r y , he accepted as a d v i s e r s , those whom the assembly s e l e c t e d . However, the r e s u l t i s the same i n both cases, f o r the m i n i s t r y r e p r e s e n t s the m a j o r i t y i n the house, and at t h a t time, no p a r t i e s were recognized i n the Horth-West T e r r i t o r i e s . A f t e r the stormy se s s i o n s of the previous f o u r years, t h a t of 1893 appears very q u i e t . Of the questions p r e v i o u s l y noted, i t i s found t h a t an a d d r e s s e s forwarded to Ottawa to have the provisons of the Ordinance f o r p r o t e c t i n g the pub-l i c i n t e r e s t i n r i v e r s , creeks and streams , which had been d i s a l l o w e d , embodied i n the Act of the f e d e r a l parliament. The members a l s o asked that vote by b a l l o t be i n t r o d u c e d , and one of the items which had been delayed through the"war of m i n i s t e r s " was thus c l e a r e d up. There were no arguments upon the subject of r e s p o n s i b l e 149 government. For a time, the T e r r i t o r i e s had no great g r i e v -ance to he a i r e d . Hot that a l l unfavorable c o n d i t i o n s were removed, hut members were j u s t t a k i n g a b r e a t h i n g space before the campaign f o r f u l l p r o v i n c i a l s t a t u s . Lieutenant-Governor R o y a l 1 s f a r e w e l l speech to the assembly, sums up the c o n d i t -i o n s which t h i s chapter has attempted to t r a c e . Of h i s own p a r t i n the contest he says: " I t was mine t o c a r r y i n t o e f f e c t what I considered to be the law, as l a i d down by the Parliament of Canada, f o r r e g u l a t i n g your share of r e s p o n s i b i l i t y i n the a d m i n i s t r a t -i o n of p u b l i c a f f a i r s , , and, w h i l s t you claimed to e x e r c i s e a more complete c o n t r o l over the expenditure, that law placed me i n a somewhat i n v i d i o u s p o s i t i o n of appearing to oppose the popular r e q u e s t s . n o t w i t h s t a n d i n g t h i s c o ntroversyl32 no unpleasantness ever arose between me and the Assembly". I t i s d i f f i c u l t to estimate Royal's stand upon the question of r e s p o n s i b l e government. In h i s f i r s t year he appeared to be i n accord w i t h the a s p i r a t i o n s of the assembly. Such gen-e r o s i t y however, brought i t s rebuke from an a d m i n i s t r a t i o n which was determined to keep the west i n an i n f e r i o r p o s i t i o n as r e l a t e d t o government. For t h i s , perhaps, ignorance was as much to blame as d e f i n i t e p o l i c y , since there i s no doubt that members at Ottawa had very hazy conceptions of c o n d i t i o n s i n the T e r r i t o r i e s . Royal was f o r c e d to be the governor d u r i n g a p e r i o d of t r a n s i t i o n , and to attempt to r e c o n c i l e the opposing views of Ottawa and Regina. In so doing, he i n c u r r e d the d i s f a v o r of both, but u n t i l o f f i c i a l correspon-dence i s made a v a i l a b l e , no c l e a r idea of h i s p r i v a t e views on the matter can be secured, i f then. I t i s h i s s o c i a l graces and a b i l i t y as a man of l e t t e r s , which seem to have 132. J o u r n a l s , 1893, p. 108. R e p r i n t e d i n O l i v e r , I I , 1153. 150 a t t r a c t e d the a t t e n t i o n of the w r i t e r s thus f a r . With r e s p e c t to the a c t u a l developments which had taken p l a c e , no b e t t e r summary can be g i v e n than the c o n t r a s t -i n g p i c t u r e s drawn by Royal , of c o n d i t i o n s when he a r r i v e d and l e f t . " When on the 4 t h . J u l y , 1888, I was sworn i n as Lieutenant-Governor of the Horth-West T e r r i t o r i e s , the f u n c t i o n s of t h a t o f f i c e were as t o t a l l y d i f f e r e n t from those of the L i e u t e n -ant-Governors of the P r o v i n c e s , as they w i l l be found from those to.be performed by my successor. I was r e s p o n s i b l e to the P r i v y G o u n c i l of Canada alone f o r a l l executive a c t s done infthe T e r r i t o r i e s . The Assembly had h a r d l y a voice i n the Government o f the Country and the Lieutenant-Governor was p r a c t i c a l l y a P o l i t i c a l Commissioner under whose d i r e c t s u p e r v i s i o n and a u t h o r i t y the a f f a i r s of the T e r r i t o r i e s were conducted and a d m i n i s t e r e d . How a l l t h i s has been m a t e r i a l l y changed and hence my s a t i s f a c t i o n . The L e g i s l a t u r e today p r a c t i c a l l y enjoys the r i g h t s and p r i v i l e g e s of self-government". 133. C h a r a c t e r i s t i c s of the movement f o r r e s p o n s i b l e govern-ment are hard to d e f i n e . F i r s t , and p o s s i b l y foremost, i t was a c o n t e s t not a g a i n s t an., executive entrenched by f a m i l y and s o c i a l connections, but the u n i t e d r e p r e s e n t a t i o n of a people, and not the people themselves, bear i n g the t r a d i t i o n s of respon-i b l e government, a g a i n s t the s i n g l e r e p r e s e n t a t i v e of the r u l -i n g power. Secondly, the v a r i o u s f a c t i o n s which appeared i n the s t r u g g l e , d i f f e r e d as to the method r a t h e r than the g o a l . Both wanted the same t h i n g , but sought i t i n d i f f e r e n t ways. With a l l the changes of m i n i s t r y , i t would appear th a t the group of which H a u l t a i n was spokesman, took the more e f f e c t i v e method, the one which had stood the t e s t i n o l d e r c o l o n i e s . 133. J o u r n a l s , 1893, pp. 108-109. Repr i n t e d i n O l i v e r , I I , 1153-1154. 151 The s t r u g g l e was i n t e n s i f i e d , by the f a c t that c o n t r o l of the purse meant, i n the l a s t a n a l y s i s , ©ontrol of the f e d e r a l grant. So c i r c u m s c r i b e d were the powers of the T e r r i t o r i a l assembly, t h a t the income a c c r u i n g to i t from l o c a l Ordinances was very meagre, and was p r a c t i c a l l y a l l turned over to the m u n i c i p a l i t i e s f o r l o c a l improvements. While the Dominion grant was set down item by item, the l o c a l members had l i t t l e to do. True, they c o u l d advise how the money might be spent, but c o u l d not s h i f t an a l l o c a t i o n from one department to anoth-er. Then too, by a clause i n t h e r e g u l a t i o n s as Royal c l e v e r -l y d e s c r i b e d i t , i t mattered l i t t l e t o the executive whether the assembly voted funds or not; he was r e a l l y b e t t e r o f f when i t d i d not. The p a r t i c u l a r problem of the p u b l i c domain a l s o c r e a t e d f r i c t i o n , f o r two governing bodies were c o n t i n u a l l y c o n f l i c t i n g as to t h e i r laws. A l s o , revenue from sale or lease added n o t h i n g to the l o c a l chest. Coming l a t e r than i n the other provinces,the s t r u g g l e suggests a comparison and c o n t r a s t w i t h o l d e r c o l o n i e s . The above c h a r a c t e r i s t i c s h i n t at some, and only one w i l l be noted here. Terms guaranteeing r e s p o n s i b l e government were c o n t a i n -ed i n the f e d e r a l A c t . In the memorial Dominion government, October 23, 1896, the l e g i s l a t i v e assembly, i n suggesting amendments to the North-West T e r r i t o r i e s Act, aslced, among other t h i n g s that an executive c o u n c i l be s u b s t i t u t e d f o r an executive committee. In the s e s s i o n of 1897, the parliament of Canada passed l e g i s l a t i o n g i v i n g the North-West T e r r i t o r i e s 152 completely r e s p o n s i b l e government. This was not such a r a d i c a l departure, when one remembers that i n the terms of union o f B r i t i s h Columbia w i t h Canada, the l a t t e r promised th a t the Dominion would " r e a d i l y consent to the i n t r o d u c t i o n 11 of r e s p o n s i b l e government when d e s i r e d by the i n h a b i t a n t s 134. " of B r i t i s h Columbia". .More than t h a t , Joseph Howe had want -135 ed the p r o v i s i o n s embodied i n an A c t . Perhaps the P r a i r i e s are e n t i t l e d to a double d i s t i n c t i o n - f o l l o w e r s of Durham and Howe. 134. Terms of Union w i t h B r i t i s h Columbia, s. 140. Order i n C o u n c i l , May 16, 1871. 135. Howe to R u s s e l l , September 1839. H. J5. Egerton and W. 1. Grant, Canadian C o n s t i t u t i o n a l Development, (London, 1907.), p. 27. I t i n i n t e r e s t i n g to note that i n the w r i t t e n con-s t i t u t i o n of the I r i s h Free S t a t e , p r o v i s i o n i s made f o r r e s p o n s i b l e government. I r i s h Free State C o n s t i t u -t i o n A c t , 1922. 13 Geo. Y, chap. I . s. F i r s t Schedule, A r t . 51. R e p r i n t e d i n A. L. L o w e l l and H. D. H a l l , The B r i t i s h Commonwealth of Nations, World Peace Founda-t i o n Pamphlets, v o l . V. Ho. 6. p. 651. 153 CHAPTER 7. DEMAND FOR INCREASED SUBSIDIES AND PROVINCIAL STATUS. Before r e s p o n s i b l e government was o f f i c i a l l y conceded through embodiment i n an Act of the f e d e r a l government, a new movement was being born, which came to the f r o n t w i t h the r e -moval of the e a r l i e r g r i e v a n c e . This was the s t r u g g l e f o r p r o v i n c i a l s t a t u s . U n t i l the c o n t r o l o f t h e executive was secured, thoughts of the c r e a t i o n of a province took a very minor place i n the i n t e r e s t s of members of the assembly. As e a r l y as 1884 members of the North-West C o u n c i l , were a s k i n g t h a t they be g i v e n the r i g h t of self-government such as was enjoyed by p r o v i n c i a l bodies; and i n the Supple -mentary Report of the Finance Committee i t was declared that the c o u n c i l : " Should f o r t h w i t h a s s e r t i t s r i g h t s to the l e g i s l a t i v e and executive c o n t r o l of a l l matters r e l a t i n g to the Govern-ment of the North-West T e r r i t o r i e s , such as i s e x e r c i s e d by r e p r e s e n t a t i v e L e g i s l a t i v e Bodies of a l l the Provinces 1 w i t h i n the B r i t i s h Empire as w e l l as of the Empire i t s e l f " . l i e u t e n a n t - Governor Royal's f i r s t address to the assembly, contained a r e f e r e n c e to a p r o s p e c t i v e change i n st a t u s f o r the T e r r i t o r i e s . Speaking, of the completely r e p r e s e n t a t i v e nature of the g a t h e r i n g , he d e c l a r e d he regarded i t " as the £ "preceding step to P r o v i n c i a l o r g a n i z a t i o n " . 1. Supplementary Report of the Finance Committee, J u l y E4, 1884. Journals, 1884, p. 47. E. J o u r n a l s , 1888, p. 9. 154 In r e p l y i n g to t h i s p o r t i o n of the message., the r e p r e s e n t a t i v e s very c l e v e r l y took the one aspect of p r o v i n c i a l s t a t u s then uppermost i n t h e i r minds and commented upon i t : " We thank Your Honor f o r the i n t i m a t i o n you have g i v e n us t h a t , i n your o p i n i o n , the present Assembly i s to be considered a p r o g r e s s i v e step towards f u l l r e s p o n s i b l e  Government 1 1. 3. Responsible government engaged the a t t e n t i o n of l e g -i s l a t o r s d u r i n g the regime of Lieutenant-Governor Royal, and the next i n t i m a t i o n of a growing d e s i r e f o r p r o v i n c i a l s t a t u s d i d not come f o r some years. During the d i s c u s s i o n s on the former s u b j e c t ( 1888-1893) re f e r e n c e s were made to powers enjoyed by the v a r i o u s p r o v i n c e s , but more as a comparison than as a request f o r p r o v i n c i a l o r g a n i z a t i o n . When debating the question of a vote on the subject of l i c e n s e or p r o h i b i t -i o n , members de c l a r e d t h a t i f such a vote were not taken, " i t i s the o p i n i o n of t h i s Assembly that powers s i m i l a r to " those enjoyed by Provinces under the B r i t i s h N orth America " Act i n r e s p e c t of the L i q u o r question should be f o r t h w i t h 4 " granted to t h i s Assembly". I f the Dominion government per-formed the d e s i r e d o b j e c t s , western l e g i s l a t o r s were content. Form may have a t t r a c t e d them i n the s t r u g g l e f o r r e s p o n s i b l e government, but i n questions such as the l i q u o r problem,they 3. J o u r n a l s , 1888, p. 18. I t a l i c s not i n o r i g i n a l . 4. J o u r n a l s , 1888, p. 87. The Scott A c t , passed by the Mackenzie Government i n 187S, made i t p o s s i b l e f o r counties to p r o h i b i t the the sale of i n t o x i c a t i n g l i q u o r s . Thus even d i v i s i o n s w i t h i n the provinces themselves, were given powers g r e a t e r than those which accrued to the North-West T e r r i t o r i e s . The l a t t e r had no r i g h t to determine p o l i c y i n t h i s r e -spect and c o u l d only enforce f e d e r a l l e g i s l a t i o n . 155 were s a t i s f i e d to a l l o w f e d e r a l a u t h o r i t i e s to take the l e a d . Some one must take i t , i f the Dominion a u t h o r i t i e s d i d so, w e l l and good, i f not, give the assembly the power to take the i n i t i a t i v e . In the r e p o r t of the Memorial Committee of the same year -1888- another reference was made to p r o v i n c i a l s t a t u s , but was d e f i n i t e l y secondary to the i d e a of r e s p o n s i b l e govern-ment. The m e m o r i a l i s t s d e c l a r e d : " The Assembly recommends to H i s E x c e l l e n c y the Governor-G e n e r a l - i n - C o u n c i l , that f u l l r e s p o n s i b l e Government should be g i v e n to ifche T e r r i t o r i e s w i t h the other powers, i n a d d i t -i o n to those a l r e a d y possessed by the Assembly, granted by the B r i t i s h Horth America Act to the P r o v i n c e s of Canada, w i t h the exceptions of the power to r a i s e money on the pub-l i c c r e d i t ". 5. They a l s o asked f o r a subsidy s i m i l a r to t h a t r e c e i v e d by the v a r i o u s p r o v i n c e s , b a s i n g t h e i r c laims on the grounds th a t they p a i d taxes i n t o the f e d e r a l t r e a s u r y . On Hovember 14, 1889, a motion e s s e n t i a l l y the same as the e x t r a c t quoted above, was put f o r t h by John Secord ,„ seconded by J o e l Reaman, as an amendment to a motion that the house go i n t o committee of supply. I t w i l l be noted t h a t r e s p o n s i b l e government was the f i r s t c o n s i d e r a t i o n , other powers being p r a c t i c a l l y a c o r o l l a r y . During the extremely stormy sessions of Royal's regime, c o n t r o l of the executive and of government grants took precedence over a l l other questions. When suoh a demand was secured there was opportun-i t y to t h i n k of the next s t e p , p r o v i n c i a l s t a t u s . In t e l l i n g the s t o r y of a l i t t l e boy who d e c l a r e d " wait t i l l we grow 5. J o u r n a l s , 1888, p. 106. 156 up. W e ' l l show them!", a speaker remarked. "That's the s p i r i t of the P r a i r i e s " . H i s statement f i t s c o n d i t i o n s as they e x i s t e d at t h i s time, l i k e the s m a l l hoy, the T e r r i t o r i e s were growing up, and e x p e r i e n c i n g a l l the f l u s h of young man-hood. They had many ambitions which must be s a t i s f i e d , and needs which must be f i l l e d . Responsible government was one which would now be p l a c e d among the l i s t of achieved d e s i r e s . Hext came f i n a n c i a l needs to s a t i s f y the demands of a r a p i d -l y growing and s c a t t e r e d p o p u l a t i o n , brought out l a r g e l y by the a c t i v i t y of the Dominion government. Prom the viewpoint of T e r r i t o r i a l l e g i s l a t o r s , a r a p i d l y i n c r e a s i n g p o p u l a t i o n was not an unmitigated boon. I f s e t t l e r s had been a t t r a c t e d to areas already opened up, i t would have r e l i e v e d t r y i n g c o n d i t i o n s . Once the popul-a t i o n of a d i s t r i c t reached a c e r t a i n minimum, m u n i c i p a l o r g a n i z a t i o n s would be set up, and the expenses i n c i d e n t a l t h e r e t o met by the people themselves. However, newcomers were a t t r a c t e d to the f r e e l a n d o f f e r e d by the f e d e r a l govern-ment, rat h e r than the h i g h e r p r i c e d h o l d i n g s near cen t e r s of settlement. This n e c e s s i t a t e d many new s e r v i c e s f o r whieh the T e r r i t o r i a l purse must pay. Hot being made of e l a s t i c , there was a l i m i t to which the funds could be s t r e t c h e d . Such was the b a s i s of the new c r y to Ottawa- i n c r e a s e d sub-6 sidy-s- and as was the case w i t h r e s p o n s i b l e government , 6. S i m i l a r arguments were used by B r i t i s h Columbia more than te n years l a t e r , when demanding in c r e a s e d s u b s i d i e s . See Memoradum r e s p e c t i n g c l a i m s of B r i t i s h Columbia f o r B e t t e r Terms, ( V i c t o r i a , B. C, 1914.), passim, but e s p e c i a l l y pp. 1, 4 and 5. 157 7 p r o v i n c i a l s t a t u s t r a i l e d along as a c o r o l l a r y . The l i e u t e n a n t - g o v e r n o r during whose term of o f f i c e the assembly was f i r s t to act w i t h enlarged powers, was 8 Charles Herbert Macintosh. When he met h i s f i r s t assembly on August 2, 1894, there was one change i n the personnel 9 from the previous s e s s i o n . Joseph Clemenston was returned f o r Yifhitewood i n place of D a n i e l Campbell who had been d i s m i s s -10 ed the previous s e s s i o n . S p e c i a l n o t i c e must be g i v e n to t h i s e l e c t i o n since i t was the f i r s t to be conducted by se c r e t b a l l o t . The only item of p a r t i c u l a r i n t e r e s t to the present study, was the announcement of the disallowance of Ordinance Ho. 19 of 1893, e n t i t l e d " An Ordinance r e s p e c t i n g M u n i c i p a l " Assessment and c o l l e c t i o n of Taxes and l i c e n s e s " . Honorable John S. D. Thompson, M i n i s t e r of J u s t i c e , d e c l a r e d the Ordin-ance u l t r a v i r e s of the l e g i s l a t u r e of the T e r r i t o r i e s i n so f a r as i t was i n c o n s i s t e n t w i t h or purported to r e p e a l or a l t e r any S t a t u t e of Parliament. The d i f f i c u l t y arose from 7. Hote the c o n t r a s t w i t h B r i t i s h Columbia where entrance i n t o the Dominion meant the s e c u r i n g of p r o v i n c i a l s t a t u s , and r e s p o n s i b l e government t r a i l e d along. 8. Charles Herbert Macintosh: Born i n Ontario where he en-gaged i n j o u r n a l i s m . From 1879-1881 was mayor of Ottawa, and from 1882-1887 and again from 1890 to Octob-er 1893, when he was appointed l i e u t e n a n t - g o v e r n o r of the Horth-West T e r r i t o r i e s , Macintosh represented the C i t y of Ottawa i n the Canadian House of Commons i n the Conservative i n t e r e s t . In 1895 he i n c u r r e d the d i s -f a v o r of l o c a l members, by r e f u s i n g to give h i s assent to the School Ordinance i n t h a t year, thereby k i l l i n g the B i l l . His a c t i o n was not countenanced by the Dominion government. He r e s i g n e d h i s o f f i c e i n January 1898. 9. Unable to secure p a r t i c u l a r s . 10. Campbell had f a i l e d to answer a charge of embezzlement. 158 the f a c t that c e r t a i n p r o p e r t y , such as r a i l w a y lands was exempt under Dominion l e g i s l a t i o n . A general e l e c t i o n was|held i n October 1894, r e s u l t i n g 11 i n the r e t u r n of over h a l f the former members. The house d i d 11. Members e l e c t e d to serve i n the L e g i s l a t i v e Assembly 2l North-West T e r r i t o r i e s , October 31," 1894. Moosomin S a l t c o a t s Yorkton Whitewood So u r i s Wolseley South Qu'Appelle North Qu'Appelle North Regina South Regina Moose Jaw Cannington Medicine Hat Lethbridge Macleod East Calgary West Calgary High R i v e r B a n f f Red Deer Edmonton V i c t o r i a S t . A l b e r t B a t t l e f o r d M i t c h e l l Batoehe K i n i s t i n o P r i n c e A l b e r t West P r i n c e A l b e r t East R. B. John Ryerson H e f f . W i l l i a m Eakin. P r e d r i k Robbert I n s i n g e r . A r c h i b a l d Beaton G i l l i s . George Henry Knowling. James Peers D i l l . George Hedley V i c a r s Bulyea. W i l l i a m Sutherland. George W i l l i a m Brown. D a n i e l Mowat. James Hamilton Ross. Samuel Spencer Page. Edward Pearon. Charles Alexander Mag-rath. F r e d e r i c k W i l l i a m Gordon H a u l t a i n . Joseph Bannerman. Oswald Asheton C r i t c h l e y . John Lineham. Robert George B r e t t . John A. Simpson. Frank O l i v e r . Frank F r a s e r Tims. D a n i e l Maloney. James C l i n k s k i l l . H i l l y a r d M i t c h e l l . Charles Eugene Boucher. W i l l i a m F r e d e r i c k Meyers. John Lestock.Reid. John F e l t o n B e t t s . Gordon, C l e r k . W i l l i a m E a k i n : Born i n Ontario of I r i s h and Danish deseent. Was warden of the Gouty of York and reeve of the Township's of Markham, Ontario. A farmer. A l i b e r a l . A r c h i b a l d Beaton G i l l i s ; Born i n Nova S c o t i a of Scotch parents. Postmaster at Whitewood. George Hedley V i c a r s Bulyea: Born i n New Brunswick of U n i t -ed Empire. L o y a l i s t descent. A merchant. A non-resident member of the Haultain-Ross Executive C o u n c i l , formed October 1, 1897. Yukon Commissioner f o r the T e r r i t o r i a l government, January, 1898. A l i b e r a l i n f e d e r a l p o l i t i c s . George W i l l i a m Brown: Born i n Ontario of I r i s h descent. A 159 d i d not assemble u n t i l August of the - f o l l o w i n g year, when John F e l t o n B e t t s , was e l e c t e d speaker. During the rece s s the North-West T e r r i t o r i e s Act had been amended, and as a r e -s u l t , a r e o r g a n i z a t i o n of the ma^isitry was necessary. Amend-mends however, had f a i l e d to produce l e g i s l a t i o n w i t h regard to the power of the assembly to c h a r t e r h a i l insurance com-panies. T e r r i t o r i a l p o l i t i c i a n s were never without s u b j e c t s f o r d i s c u s s i o n , f o r t h e r e was always a good supply of hardy p e r e n n i a l s guaranteed to crop up every year and cause almost endless communications between Regina and Ottawa. During these years i n which there i s l i t t l e progress of a c o n s t i t u t i o n a l nature to r e c o r d , the s o c i a l and economic c o n d i t i o n s of the s e t t l e r s were r e c e i v i n g a t t e n t i o n . Some o f the e a r l i e r problems 11. (con't.) George W i l l i a m Brown: b a r r i s t e r . A Conservative. Edward Fearon: Went to the Yukon D i s t r i c t i n 1896 w i t h a herd of c a t t l e , the f i r s t t o be taken i n t o that r e g i o n . He re t u r n e d again to the Yukon i n 1898, and i n conse-quence missed the meetings of the assembly. Joseph Bannerman: Born i n Scotland where he r e c e i v e d h i s education. Alderman of Calgary. A rancher. A Conser-v a t i v e . Oswald Asheton G r i t c h l e y : Born i n England where he was educated. A rancher. A Conservative. John A. Simpson: Born i n Ontario of Scotch parentage. A merchant and ra n c h e r . A l i b e r a l . Frank F r a s e r Tims: Born i n Ontario where he was educated. A commission broker, J u s t i c e o f the Peace, and Chairman of the School Board at F o r t Saskatchewan. A Conservative. D a n i e l Maloney: Born i n Ontario of I r i s h parentage. A farmer, stock r a i s e r and notary p u b l i c . A Conservative. John l e s t o c k Reid: Born i n Ontario, he engaged as a co f f e e and c o t t o n p l a n t e r i n A u s t r a l i a and the F i g i I s l a n d s , 1862-1868, Entered the s e r v i c e of the Dominion govern-ment at Winnipeg i n 1870. A surveyor f o r the Ind i a n De-partment. Game to P r i n c e A l b e r t i n 1877. Paymaster f o r the Midland B a t t a l i o n , R e b e l l i o n of 1885, at Batoche. A l i b e r a l . 160 were f i n d i n g s o l u t i o n , and although immigration had not reaeh-12 ed the d e s i r e d f i g u r e , the country was beginning to f i l l up. In the s e s s i o n of 1896 , the c o n s t i t u t i o n a l p o s i t i o n again came to the f o r e . At t h i s meeting, one of the members whose name had been connected w i t h c o u n c i l s and assemblies i n the T e r r i t o r i e s since 1883, was m i s s i n g . During the r e -cess, Frank O l i v e r , member f o r Edmonton r e s i g n e d due to h i s success i n the f e d e r a l e l e c t i o n of 1896, when he was r e t u r n e d as an Independent member f o r the D i s t r i c t of A l b e r t a , and h i s 13 place was taken by Matthew McCauley. On Thursday, October 8, 1896, i t was ordered on a mot-i o n of J . H. Ross, seconded by F. W. G. H a u l t a i n , " t h a t a S e l e c t Committee c o n s i s t i n g of Messieurs IHSIHGEH, BRETT, MAGRATH, TIMS, KHGW1ING, 1IHEHAM, CUHKSKI11, BU1YEA, BROWN, MEYERS, HEFF, HAU1TAIH and the mover be appointed f o r the purpose of d r a f t i n g a Memorial to His E x c e l l e n c y the Governor- General i n C o u n c i l s e t t i n g f o r t h the f i n a n c -c i a l and c o n s t i t u t i o n a l p o s i t i o n of the Assembly, the amend-ments which should be made f o r the Horth-West T e r r i t o r i e s Act to secure f u r t h e r powers, and b a s i s upon "which the sub-s i d y should be determined. 14. I t s r e p o r t , which was presented on October 23, o u t l i n e d the powers enjoyed by the assembly, and set f o r t h l i m i t a t i o n s p laced upon p r i v i l e g e s , seemingly w i t h i n i t s scope: " They f i n d that they are not i n a p o s i t i o n to use the 12. I was f o r t u n a t e i n having an i n t e r e s t i n g c o n v e r s a t i o n upon t h i s subject w i t h P r o f e s s o r A. S. Morton. His s t u d i e s of the question should do much to place the v a r i o u s immigration p o l i c i e s of the l a t e n i n e t e e n t h and e a r l y t w e n t i e t h c e n t u r i e s i n t h e i r proper s e t t i n g . 13. Matthew McCauley: Born i n Ontario where he r e c e i v e d a p u b l i c school education. Mayor of Edmonton f o r three years. P r o p r i e t o r of cartage and l i v e r y s t a b l e s at Edmonton. An Independent. 14. J o u r n a l s , 1896, pp. 29-30. 160 a powers l i m i t e d ^ t h S y do possess to the best advantage and that t h e i r l e g i s l a t i o n on subjects coming s t r i c t l y w i t h i n the dut-i e s of a T e r r i t o r i a l Assembly^hot the necessary q u a l i t y of s e c u r i t y or completeness. As, besides the r i g h t of d i s -allowance which Your E x c e l l e n c y i n C o u n c i l possesses over t h e i r l e g i s l a t i o n as w e l l as over that of p r o v i n c e s , the l e g i s l a t i o n of the Assembly i s a l s o subject to any Act of the Parliament of Canada at any time i n force i n the T e r r i t -o r i e s . P arliament, consequently , o f t e n passes Acts dimin-i s h i n g the l e g i s l a t i v e povjers of the Assembly over p a r t s of s u b j e c t s o s t e n s i b l y reserved f o r t h e i r c o n t r o l , and at other times o v e r - r i d i n g Ordinances passed by them and approved of by Your E x c e l l e n c y i n C o u n c i l . I t i s unnecessary to p o i n t out how such concurrent powers w i l l l e a d to i n s e c u r i t y and c o n f l i c t " . 15. One example of how t h i s a f f e c t e d l e g i s l a t i o n , was to be found i n r e s p e c t to Ordinances r e l a t i n g to t a x a t i o n . Ho. 19 of 1893 r e f e r r e d to above, was d i s a l l o w e d because property which was exempt under Dominion l e g i s l a t i o n , would be assess-ed by T e r r i t o r i a l Ordinance. In the p e r i o d when government was d i r e c t l y from Ottawa, and before the west was represented i n the house, c e r t a i n concessions were made to the Hudson's Bay Company and the Canadian P a c i f i c Railway Company w i t h r e -spect to t a x a t i o n on t h e i r h o l d i n g s . This was one of the par-t i c u l a r grievances of the west. Half-breed s e t t l e r s had been opposed to the township system of survey, since i t i n t e r f e r e d very m a t e r i a l l y w i t h t h e i r s o c i a b l e system of h o l d i n g l a n d 16 i n l o n g s t r i p s a f t e r the manner of t h e i r f o r e f a t h e r s i n Quebec. 15. J o u r n a l s , 1896, p. 68. T e r r i t o r i a l Ordinances were subject to disallowance by the f e d e r a l a u t h o r i t i e s , c f . American system: " Speaking f o r the Supreme Court, Chief J u s t i c e Waite s a i d : 1 Congress T may not only abrogate laws of the t e r r i t o r i a l l e g i s l a t -1 o'rs, but i t may i t s e l f l e g i s l a t e d i r e c t l y f o r the l o c a l ' government. I t may make a v o i d a c t of the t e r r i t o r i a l ' l e g i s l a t u r e v a l i d , and a v a l i d a c t v o i d . In other words ' i t has f u l l and complete l e g i s l a t i v e a u t h o r i t y over the ' people of the t e r r i t o r i e s and a l l the departments of the ' t e r r i t o r i a l government' " . P a t t e r s o n , o p . c i t . , p.473. 16. This had been one of the causes c o n t r i b u t i n g to the 161 E n g l i s h speaking s e t t l e r s had t h e i r grievances i n t h i s r e s p e c t a l s o . Along the l i n e of r a i l w a y a l t e r n a t e s e c t i o n s were r e -served f o r the company, and these d i d not f i l l up as r a p i d l y as those given f r e e to homesteaders. These unoccupied t r a c t s made d i f f i c u l t the development of the country. I t l e d to s c a t t e r e d settlements and i n respect to i t s e f f e c t upon improve ments, they may w e l l he compared w i t h the c l e r g y and crown r e -serves i n Upper Canada. The suggestion put f o r t h "by the committee to remedy t h i s grievance, was to the e f f e c t t h a t i t was " not necessary 17 " to have recourse to the g r a n t i n g of a f u l l p r o v i n c i a l s t a t u s " hut that u n t i l that time a r r i v e d , which might not he f a r d i s -18 t a n t , the p a s s i n g of a few amendments to the Horth-West T e r r i t -o r i e s Act would a l l o w them,"subject to disallowance of t h e i r " Ordinances, 'to e x c l u s i v e l y make laws i n r e l a t i o n to matters' 19 " a l r e a d y w i t h i n t h e i r l e g i s l a t i v e j u r i s d i c t i o n . " They repeat-ed the stand taken i n 1888, t h a t they d i d not ask f o r a l l r i g h t s inherent i n p r o v i n c i a l s t a t u s , such as the r i g h t to 2 0 r a i s e money on the p u b l i c c r e d i t , t h e c h a r t e r i n g of r a i l w a y s , and the a d m i n i s t r a t i o n of j u s t i c e w i t h r e l a t i o n s to c r i m i n a l matters. However, they f a i l e d to understand why other p r i n -c i p l e s of a t e r r i t o r i a l or p r o v i n c i a l nature , should be 16. ( c o n ' t . ) . R e b e l l i o n of 1885. 17. J o u r n a l s , 1896, p. 68. 18. In t h i s connection, the memorial continues, " when the " T e r r i t o r i e s should be taken i n t o Confederation (as one " or more p r o v i n c e s ) " . J o u r n a l s , 1896, p.68, Opinion at t h i s time was not unanimous as to the manner i n which the west should enter the Dominion. 19. J o u r n a l s , 1896, p. 68. 20. This i s one of the many examples which show that the 162 withheld from t h e i r administration, p a r t i c u l a r l y since they had proven themselves equal to the task, "by exercising most of the r i g h t s of p r o v i n c i a l assemblies during the l a s t f i v e years. I t was upon th i s occasion, referred to above that they requested " that t h e i r executive government should be "put on a firmer basis by s u b s t i t u t i n g for the Executive Com-E l "mittee an,. Executive Council". The memorial committee outlined the manner i n which the present conditions operated. The North-West T e r r i t o r i e s Act, 1891, made provision for a commmittea to advise the l i e u -tenant-governor i n matters of finance, but i t did not create an advisory body i n executive matters which should be respon-s i b l e to the assembly. The l a t t e r had circumvented the prob-EE lem by the ingenious method noted above, but t h i s solution was e s s e n t i a l l y a makeshift. I t had no basis i n statute law, and there was considerable uncertainity as to whether or not i t could be invested with the powers the assembly had placed upon i t . Moreover, the present machinery did not admit of development, since, for example, i t was impossible to have a d i v i s i o n into departments with responsible heads. The advis-ory capacity of the committee was confined to matters contain-ed i n the Ordinances, and coul<lTbe extended to the appointment of Justices of the Peace, or the convening or d i s s o l v i n g of EO. (con't.) T e r r i t o r i e s did not regard Manitoba as a regul-ar province. I t was not t i l l 1888 that the r i g h t to charter l i n e s i n opposition to the Canadian P a c i f i c R a i l -way Company was won. E l . Journals, 1896, p. 69. EE. Supra, p. 163 the house to give the examples set f o r t h i n the memorial. The l a t t e r s t a t e s : " In g e n e r a l , the Assembly i s of the o p i n i o n that f o r pur-poses of government a permanent committee of the House has no advantages over the Executive C o u n c i l . The f i r s t i s a c r e a t i o n without precedent to guide i t , and l a c k s the w e l l d e f i n e d c o n s t i t u t i o n a l s t a t u s which p o l i t i c a l development du r i n g a long course of time i n Great B r i t a i n and her c o l -onies has given to Executive C o u n c i l s " . 23. The assembly of the Horth-West T e r r i t o r i e s loved precedents. Having s t a t e d p a r t i c u l a r p r o v i s i o n s which caused d i f -f i c u l t i e s , the committee recommended r e v i s i o n s which would r e -move u n c e r t a i n i t y , and which c o u l d not be objected to on the grounds of i n c r e a s e d powers. The sub j e c t s f o r whieh they ask-ed p a r t i c u l a r c o n s i d e r a t i o n , concerned the c r e a t i o n of an ex-e c u t i v e c o u n c i l , the r i g h t to i n c o r p o r a t e insurance companies w i t h T e r r i t o r i a l o b j e c t s , and the r i g h t to appoint s h e r i f f s , c l e r k s of court and t h e i r d e puties. The anomalous p o s i t i o n i n which the loe a l l e g i s l a t o r s found themselves, throws i n t e r -e s t i n g l i g h t upon the c o n d i t i o n s e x i s t i n g i n the r e l a t i o n s between the f e d e r a l and t e r r i t o r i a l a u t h o r i t i e s . The memor-i a l s t a t e d : " The Horth-West T e r r i t o r i e s Act s t a t e s that the Assembly may define by Ordinance the powers, d u t i e s and o b l i g a t i o n s of S h e r i f f s and C l e r k s , and t h e i r r e s p e c t i v e Deputies ( sub-section 4 of s e c t i o n 8 of 1891) and may determine the places where such S h e r i f f s and C l e r k s s h a l l appoint Deputies. The Assembly a l s o p r e s c r i b e s the fees which are allowed these o f f i c e r s i n c i v i l matters which c o n s t i t u t e n e a r l y a l l t h e i r emoluments, no t w i t h s t a n d i n g the f a c t that the Assembly makes p r o v i s i o n f o r both the d u t i e s and the payment of these o f f i c e r s t h e i r appointment remains i n the hands of the Feder-a l Government". 24. 23. J o u r n a l s , 1896, p. 70. 24. J o u r n a l s , 1896, p. 71. 164 I t was c e r t a i n l y not a case of " he who pays the p i p e r c a l l s " the tune". The assembly d e s i r e d the r i g h t to e s t a b l i s h , m a i n t a i n and manage h o s p i t a l s , asylums and c h a r i t a b l e i n s t i t u t i o n s w i t h i n the T e r r i t o r i e s . The confinement of l u n a t i c s i n pro-v i n c i a l j a i l s was a t h i n g of the past, but present c o n d i t i o n s 25 were not s a t i s f a c t o r y . By an agreement e x p i r i n g i n 1898, l u n a t i c s were sent to Manitoba, at the cost of one d o l l a r per day. The assembly however, was of the o p i n i o n that i t c o u l d perform the s e r v i c e s as w e l l and more cheaply. However; " The Assembly would only d e s i r e to undertake the care of the l u n a t i c s i f the f e d e r a l a u t h o r i t i e s would provide the necessary b u i l d i n g s , and make such increase i n the grant or subsidy as would pay f o r the maintenance of p a t i e n t s and s t a f f " . 26. The l a s t p r o v i s i o n shows the c l o s e r e l a t i o n s h i p between de-s i r e f o r i n c r e a s e d powers and i n c r e a s e d subsidy. The two go hand i n hand, and can b a r e l y be d i s t i n g u i s h e d as to which i s cause and which e f f e c t . Sometimes one, sometimes the other appears to be the dominating f a c t o r . Such were the c o n s t i t u t i o n a l c lauses of the memorial. In r e s p e c t to the f i n a n c i a l , the assembly r e i t e r a t e d , i n p a r t , the stand taken i n 1892. This i n c l u d e d the"demand t h a t i n -" stead of the annual vote by the Parliament of Canada of an " i n d e f i n i t e sum, f o r expenses of government, a f i x e d amount 5 i n the nature of a subsidy and should be granted to the 27 » t e r r i t o r i e s " , and that the subsidy should be f i x e d f o r a 25. Between the f e d e r a l a u t h o r i t i e s and the province of Manitoba. 26. J o u r n a l s , 1896, p. 72. 27. Journals, 1892, pp. 126-127. 165 28 term not exceeding f o u r years. As i n the d i s c u s s i o n of the c o n s t i t u t i o n a l question, present c o n d i t i o n s were set out before remedies were propos-ed. The m e m o r i a l i s t s s t a t e d that the l o c a l revenues were very-s l i g h t , and from the nature of t h i n g s must remain so, since they were e n t i r e l y composed of amounts r e c e i v e d from granting.. l i c e n s e s f o r such occupations as the assembly was allowed to 2 9 r e g u l a t e by l e g i s l a t i o n . The p a r t i c u l a r grievance of the T e r r i t o r i e s was t h a t : " a l l the a s s e t s which the P r o v i n c e s { except Manitoba, which has been compensated f o r the l a c k of them), possess, are r e t a i n e d by the Parliament of Canada, who own and admin-i s t e r , w i t h power to s e l l , or grant to railwayfcompanies, t h e i r p u b l i c lands, t h e i r hay lands, t h e i r timber and t h e i r m i n e r a l s " . 30. In s p i t e ' of t h i s , however, the assembly was expected to pro-v i d e p u b l i c s e r v i c e s f o r a s c a t t e r e d and r a p i d l y i n c r e a s i n g p o p u l a t i o n , which i t d e c l a r e d , rendered the business of l o c a l government more expensive p r o p o r t i o n a t e l y by p o p u l a t i o n than i n any p r o v i n c e . The committee claimed that expenses were charged to the assembly over which i t was allowed no c o n t r o l , 31 and hence was unable to reduce. More than t h a t , c o s t s of s e r v i c e s i n unorganized t e r r i t o r i e s had appeared among the 28. The l a s t p r o v i s i o n had been i n s e r t e d , because of the optimism of the T e r r i t o r i e s i n respect to p o p u l a t i o n . I t had p a r t i c u l a r force a f t e r the appointment of C l i f f o r d S i f t o n to the o f f i c e of M i n i s t e r of the I n t e r i o r . 29. In 1895 such revenues amounted to approximately $30,000.00. 30. J o u r n a l s , 1896, p. 73. 31. " Yotes f o r lieutenant-Governor's o f f i c e , the C l e r k of " the l e g i s l a t i v e Assembly, l e g a l A d v i s e r , R e g i s t r a r s " of l a n d T i t l e s O f f i c e s " . J o u r n a l s , 1896, p. 76. i i 166 votes f o r the Horth-West T e r r i t o r i e s , thereby causing the l i b e r a l i t y of parliament towards them to appear g r e a t e r than was a c t u a l l y the case. The above memorial was forwarded to the S e c r e t a r y of State f o r Canada, the Honorable R i c h a r d S c o t t , f o r submission to His E x c e l l e n c y the Governor-General i n C o u n c i l . Before the assembly of the Horth-West T e r r i t o r i e s again met, l e g i s l a t o r s had the s a t i s f a c t i o n of seeing some o f t h e i r suggestions put i n t o o p e r a t i o n . The executive committee was r e p l a c e d by a r e s p o n s i b l e executive c o u n c i l composed of Messrs. F . W. G . H a u l t a i n , J . H.Ross, H i l l y a r d M i t c h e l l , C. A. Magrath, and George H. V . Bulyea. Resignations had been r e c e i v e d from W i l l i a m Sutherland, member f o r Horth Qu'Appelle, J . l . R e i d of P r i n c e A l b e r t West, and P. R. I n s i n g e r of Yorkton. 32 Their p l a c e s were taken by Donald Hogarth McDonald, Thomas 33 34 James Agnew and Thomas A l f r e d P a t r i c k r e s p e c t i v e l y . During the s e s s i o n , l e g i s l a t i o n was passed p r o v i d i n g f o r the establishment and o r g a n i z a t i o n of the p u b l i c s e r v i c e , 32. Donald Hogarth McDonald: Son of a Hudson's Bay Company Chi e f F a c t o r , he was born at F o r t Qu'Appelle i n the Horth-West T e r r i t o r i e s . A p r i v a t e banker. The f i r s t l o c a l born man to represent h i s n a t i v e c o n s t i t u e n c y i n the l o c a l l e g i s l a t u r e . A l i b e r a l , but opposed to i n t r o d u c -i n g p a r t y p o l i t i c s i n t o Horth-West Assembly a f f a i r s . 33. Thomas James Agnew: Born at Guernsey, Channel I s l a n d s , where he was educated. Came to Winnipeg i n 1876 and to P r i n c e A l b e r t i n 1877. A hardware merchant, chairman of the P r i n c e A l b e r t School Board. An alderman and former mayor. In the R e b e l l i o n of 1885 he was a l i e u t e n a n t i n the P r i n c e A l b e r t Volunteers. An Independent. 34. Thomas A l f r e d P a t r i c k : Born i n Ontario of Canadian par-entage. Student-at-Law. An Independent Conservative. 167 and a c o n s o l i d a t i o n of the Ordinances was e f f e c t e d . Of s p e c i a l i n t e r e s t was the motion, of A. B. G i l l i s , seconded "by J. P. B i l l ; " That i n the o p i n i o n of t h i s House the Horth-West Ter-r i t o r i e s as they are at present composed, should he main-t a i n e d i n t a c t f o r a d m i n i s t r a t i v e purposes u n t i l the time has a r r i v e d f o r t h e i r entrance i n t o Confederation as a Province ". 35. An amendment proposed by R. G. B r e t t , seconded by Joseph 36 Bannerman, to the e f f e c t t h a t the words " or P r o v i n c e s " be added, was defeated, and the motion passed as o r i g i n a l l y pre-sented. I t was i n t h i s form that i t was forwarded to Ottawa. The s e s s i o n of 1898, and the f i r s t f o l l o w i n g the appointment of Malcolm C o l i n Cameron as l i e u t e n a n t - g o v e r n o r , was important i n the march of events l e a d i n g to f u l l p r o v i n -c i a l s t a t u s . A statement which impresses a reader of the J o u r n a l s w i t h the idea that f u l l r s s p o n s i b l e government was i n vogue, i s the c o n t i n u a l reference to " my Government". This phrase, used by Cameron, was j u s t one o f t h e many forms m a n i f e s t i n g the s t a t e f o r which the T e r r i t o r i e s had so long contended up to 1897, and p a r t of the p a r a p h e r n a l i a of B r i t i s h c o n s t i t u t i o n a l government. P r o v i n c i a l o r g a n i z a t i o n seems to have been the i d e a l a t the back of a l l l e g i s l a t o r s ' minds. A motion re g a r d i n g the need f o r new and enlarged parliament b u i l d i n g s , was defeated by the argument that no such expenditure should be made u n t i l the question of the formation of one or more provinces i n the T e r r i t o r i e s had 35. J o u r n a l s , 1897, p. 89. 36. J o u r n a l s , 1897, p. 89. 168 been d e f i n i t e l y decided. The same a s p i r a t i o n towards p r o v i n c i a l s t a t u s was manifested i n the d i s c u s s i o n of the question of T e r r i t o r i a l boundaries. The assembly was of the o p i n i o n that these should he determined at an e a r l y date, but the l e g i s l a t u r e denied: " the r i g h t of the Parliament of Canada to i n c r e a s e , d i m i n i s h or otherwise a l t e r the l i m i t s of the Horth-West T e r r i t o r i e s without i t s consent because i t claims f o r the people i t represents equal r i g h t s w i t h the people of the Prov i n c e s i n t h i s r e s pect". 37. This appears to i n v o l v e a p o s s i b l e d e n i a l of Canadian owner-38 ship of the p u b l i c domain, and foreshadowing of the stand taken on the su b j e c t of n a t u r a l resources. T e r r i t o r i a l l e g i s l a t o r s had i n mind p r o v i n c i a l s t a t u s as understood i n the o l d e r p r o v i n c e s , and not w i t h l i m i t a t i o n s such as had shackled Manitoba. The r e s o l u t i o n was passed to the/effect: " That, w h i l e consenting to such a l t e r a t i o n of the l i m i t s of the Horth-West T e r r i t o r i e s as w i l l separate them from those areas l y i n g Horth of the northern boundaries of the Prov i n c e s of B r i t i s h Columbia and Manitoba r e s p e c t i v e l y , t h i s l e g i s l a t u r e i s f i r m l y of o p i n i o n that the p o l i t i c a l u n i t y of the T e r r i t o r i e s should not be d i s t u r b e d " . 39. The r e t a r d i n g i n f l u e n c e of the system of l a n d grants 37. J o u r n a l s , 1898, p. 67. At t h i s time the Manitoba Assembly was demanding an increase of t e r r i t o r y , hut the r e s o l u t i o n s which pro-voked the g r e a t e s t d i s c u s s i o n s i n the T e r r i t o r i e s came a few years l a t e r . 38. c f . Memorial to the f e d e r a l government, Journals,1896, p. 73. 39. J o u r n a l s , 1898, p. 68. On June 13, 1898, the Act c u t t i n g o f f the Yukon D i s -t r i c t , from the Horth-West T e r r i t o r i e s f o r purposes of a d m i n i s t r a t i o n , was signed by the governor-general. Between the i n t r o d u c t i o n of the B i l l , and i t s becoming law, the Horth-West Assembly reaped a harvest from l i q u o r permits s o l d to the miners. 169 to tJie r a i l w a y has a l r e a d y "been noted, but the problem c r e a t -ed by the p r o v i s i o n that the Company was not oblidged to take out patents f o r i t s lands, was not s t r e s s e d . This meant that since the p r o p e r t y c o u l d not be assessed f o r i t s p r o p o r t i o n of taxes f o r schools, l o c a l improvements and other purposes, the burden was i n c r e a s e d f o r the s e t t l e r s . A r e s o l u t i o n to remedy the above grievance was t r a n s m i t t e d to the governor-g e n e r a l i n c o u n c i l . On Tuesday, A p r i l 4, 1899, Amedee Emmanuel Forget, l i e u t e n a n t - g o v e r n o r , opened the f i r s t s essions of the f o u r t h 40 l e g i s l a t i v e assembly of the lorth-West T e r r i t o r i e s . I t was 40, Members of the F o u r t h l e g i s l a t i v e Assembly of the lorth-West T e r r i t o r i e s . J c r k t o n : Thomas A l f r e d P a t r i c k . Whitewood : A r c h i b a l d Beaton G i l l i s . Wetaskiwin : Anthony Sigwart d e R o s e n r o l l . Moose Jaw : lames Hamilton Ross. Macleod : F r e d e r i c k W i l l i a m Gordon H a u l t a i n . l e t h b r i d g e : l e v e r e t t George DeYeber. l o r t h Qu'Appelle : Donald Hogarth McDonald. High R i v e r : R i c h a r d A l f r e d Wallace. West Calgary : R i c h a r d Bedford Bennett. East Calgary : A l f r e d Ernest Cross. B a t t l e f o r d : Benjamin P r i n c e . South Regina : James Benjamin Hawkes. South Qu'Applelie : George Hedley Y i c a r s Bulyea. Horth Regina : George W i l l i a m Brown. Medicine Hat : Horace A l b e r t i e Greeley. P r i n c e A l b e r t West : Thomas McKay. K i n i s t i n o ; W i l l i a m F r e d e r i c k Meyers. M i t c h e l l : James A l b e r t M c l n t y r e . Batoche : Charles F i s h e r . Moosomin : Alexander Smith Smith. Cannington : Ewan Cameron McDiarmid. So u r i s : John Wesley Con n e l l . G r e n f e l l : R i c h a r d Stuart Lake. Wolseley : W i l l i a m E l l i o t t . S a l t c o a t s : M i l l i a m E a k i n . Edmonton : Matthew McCauley. S J . A l b e r t : Frederic;.: V i l l e n e u v e . 170 f i t t i n g t h a t one whose name had "been connected w i t h t e r r i t -o r i a l h i s t o r y f o r such a l o n g p e r i o d , should "become the repre-s e n t a t i v e of the governor-general at a time when the assembly 40. (con't.) Red Deer : John A. Simpson. P r i n c e A l b e r t East : Samuel McLeod. Banff : Robert George B r e t t . John A. R e i d , C l e r k . Anthony Sigwart d e R o s e n r o l l : Born i n S w i t z e r l a n d . For-merly p r a c t i s e d as a c i v i l engineer and l a n d surveyor. A J u s t i c e of the Peace and Notary P u b l i c . An Indepen-dent i n Dominion p o l i t i c s . l e v e r e t t George DeVeber, M. Hi Born i n New Brunswick, and educated at V/indsor, Nova S c o t i a , and London, England. A p h y s i c i a n , h e a l t h o f f i c e r at l e t h b r i d g e . Government whip i n the assembly. A L i b e r a l . R i c h a r d A l f r e d Wallace: Born i n Ontario of Canadian par-ents. A farmer. A L i b e r a l . R i c h a r d Bedford Bennett: Born i n A l b e r t County, New Brunswick, and educated a t Dalhousie U n i v e r s i t y , where he r e c e i v e d h i s LL.B. A b a r r i s t e r . E l e c t e d to the l e g i s l a t i v e assembly at the g e n e r a l e l e c t i o n of 1898. Resigned to become Conservative candidate i n A l b e r t a f o r the house of commons at the general e l e c t i o n of 1900. Defeated and was r e - e l e c t e d to the assembly March 22, 1901, and a g a i n i n 1902. His g r e a t e s t success has been i n the f e d e r a l f i e l d where he was made l e a d e r of the Conservative o p p o s i t i o n i n 1926 and premier of Canada i n 1930. A l f r e d Ernest Cross: E l e c t e d at the general e l e c t i o n , November 13, 1898, a f t e r an e r r o r had been c o r r e c t e d by a recount. Benjamin P r i n c e : Born i n Quebec where he was educated. Engaged i n farming i n Manitoba, 1878, and came to B a t t l e -f o r d i n 1880 i n connection .with the lumber and f l o u r t r a d e . L a t e r engaged i n c a t t l e e x p o r t i n g to England. Served i n the B a t t l e f o r d Home Guards i n 1885. Mayor of B a t t l e f o r d f o r three terms and p r e s i d e n t of the Board of Trade. G a l l e d to the senate i n l©dO. A L i b e r a l . James Benjamin Hawkes: E n g l i s h . A farmer. A Conservative. Horace A l b e r t i e Greeley: Born i n Hew Hampshire of Amer-i c a n parentage. A rancher. A Conservative. Joseph A l b e r t M c l n t y r e : Born i n Ontario of Canadian par-entage. A merchant. A L i b e r a l . Charles F i s h e r : Born i n Manitoba where he was educated. Sub-land agent 1897-1898. A L i b e r a l . Alexander Smith Smith: Born i n Ontario o f S c o t t i s h par-ents. A hardware merchant. Mayor of Moosomin, 1900. School t r u s t e e f o r twelve 1.years. A L i b e r a l . 171 was p r e s s i n g f o r g r e a t e r powers. In the d i s c u s s i o n s , the matter most d i r e c t l y concerned w i t h the subject i n hand, r e -l a t e d to l a n d s . The change of f e e l i n g which had "been h i n t e d 41 at by comparisons w i t h the stand taken i n 1896 and 1898, was more marked than ever before i n the d i s c u s s i o n of the home-stead p o l i c y . A motion proposed by J . W. Gonnell seconded by T. A. P a t r i c k contained, among other c l a u s e s ; " The p u b l i c lands of the Horth-West T e r r i t o r i e s should and of r i g h t do belong to the people of the Horth-West Ter- r i t o r i e s , and are h e l d and managed i n t r u s t f o r t hem by the Government of Canada pending the establishment of pro-v i n c e s i n these T e r r i t o r i e s " . 42. Ho doubt c o u l d be l e f t i n the minds of f e d e r a l statesmen a f t e r reading such a d e c l a r a t i o n . The l e g i s l a t o r s of the 43 west had determined to oppose any theory of purchase, and to 40. (Con't.) Ewan Cameron McDiarmid: Born and educated i n Ontario. A farmer. A Conservative. John Wesley Gonnell: Born and educated i n Ontario . A g r a i n d e a l e r . A Conservative. R i c h a r d S t u a r t l a k e : Born and educated i n England. A farmer. F i r s t e l e c t e d to the assembly at the g e n e r a l e l e c t i o n , 1898. Resigned t o become Conservative can-didate f o r the house o f commons at the e l e c t i o n i n Hovember 1900, f o r A s s i n i b o i a . Was defeated and r e -e l e c t e d to the assembly i n March 1901, and again i n 1902. A Conservative. W i l l i a m E l l i o t t . . M. D.: Born i n Ontario of I r i s h par-entage. Appointed commissioner of a g r i c u l t u r e i n the H a u l t a i n Government, 1903. A Conservative. F r e d e r i c V i l l e n e u v e ; P a r t i c u l a r s unknown. Samuel Mcleod: Born i n P r i n c e Edward I s l a n d of S c o t t i s h parentage. A merchant. C o u n c i l l o r of P r i n c e A l b e r t 1894, mayor 1898. Commissioner f o r the settlement of h a l f - b r e e d claims i n Saskatchewan, 1900. A l i b e r a l . 41. Supra, p. isa. 42. J o u r n a l s , 1899, p. 39. 43. For a d i s c u s s i o n of t h i s s u b ject see supra, chapter 1. 172 stand f o r f u l l c o n t r o l of n a t u r a l resources when p r o v i n c i a l s t a t u s f i n a l l y came i n t o c o n s i d e r a t i o n , For the present, however, i t was the f i n a n c i a l pro-blem which most d i r e c t l y concerned the assembly. Copies of correspondence on the subject p a s s i n g between Regina and Ottawa, January 1, 1899 to A p r i l 15, 1899, were presented as 44 S e s s i o n a l Paper No. 23. F. V/. G. H a u l t a i n occupied the pos-i t i o n of t r e a s u r e r i n the government of the Horth-West T e r r i t -o r i e s . A b i l i t y to deal with t h e f e d e r a l a u t h o r i t i e s i n r e -l a t i o n to the f i n a n c i a l arrangements e x i s t i n g between the two government, had a l r e a d y been manifested i n the n e g o t i a t i o n s of March 1892, when, as a r e s u l t of h i s e f f o r t s , an inc r e a s e of approximately $50,000.00 was made i n the Dominion g r a n t . The correspondence i n which" .he now engaged set f o r t h the l i m -i t a t i o n s of the T e r r i t o r i e s , l a y i n g p a r t i c u l a r emphasis upon the v a r i o u s s e r v i c e s performed by the l o c a l government. He poin t e d out that during the past few yea r s , the d u t i e s of the assembly had been i n c r e a s e d , u n t i l they approximated those of a p r o v i n c e . I n t h i s connection he d e c l a r e d : " The annual a p p r o p r i a t i o n f o r Government i s - — b a s e d upon an estimate of the requirements f o r s p e c i f i c s e r v i c e s i n the T e r r i t o r i e s , o r i g i n a l l y made up i n e a r l i e r days and added to from time to time without any s e r i o u s c o n s i d e r a t i o n being g i v e n on the p a r t of the Fe d e r a l Government, to the a c t u a l n e c e s s i t i e s and c o n d i t i o n s of the country, or the a p p l i c a t i o n of money ap p r o p r i a t e d . The other items i n c l u d -ed i n the Federal a p p r o p r i a t i o n f o r Government i n t e r r i t o r -i e s have never yet been placed at the d i s p o s a l of the Gov-ernment ojf the T e r r i t o r i e s , being v a r i o u s l y administered by your Department, e i t h e r d i r e c t l y or through the Lieutenant-Governor of the T e r r i t o r i e s p e r s o n a l l y " . 45. 44. S e s s i o n a l Papers bound w i t h J o u r n a l s . 45. H a u l t a i n to the M i n i s t e r of the I n t e r i o r , January 14, 1899. S e s s i o n a l Papers, 1899, p. 17. 173 He r e m i n d e d t h e M i n i s t e r o f t h e I n t e r i o r t h a t s u c h s e r v i c e s a s w o u l d y i e l d a r e v e n u e t o t h e l o c a l a u t h o r i t i e s h a d b e e n w i t h h e l d b y f e d e r a l j u r i s d i c t i o n . The o l d q u e s t i o n o f a u t h o r i t y t o p a s s O r d i n a n c e s r e l a t i n g t o l a n d s was a g a i n a i r e d , a n d i t i s i n t e r e s t i n g t o n o t e t h a t t h e a r g u m e n t s 46 w h i c h h a d b e e n u s e d by M a n i t o b a n e a r l y two d e c a d e s e a r l i e r , were p r e s e n t e d by H a u l t a i n . I n h i s o p i n i o n t h e r e was o n l y one a l t e r n a t i v e t o t h e v o t i n g o f a l a r g e r g r a n t ; t h a t was d i r e c t t a x a t i o n by t h e t e r r i t o r i a l a u t h o r i t i e s . The l a t t e r w o u l d f a i l t o p r e s e n t a s o l u t i o n , s i n c e t h e p i o n e e r c o n d i t i o n s o f t h e c o u n t r y made i t i m p o s s i b l e f o r s e t t l e r s t o c a r r y s u c h a b u r d e n , a n d t h e r e f o r e i m m i g r a t i o n w o u l d be s t o p p e d . I n t h e f i n a l a n a l y s i s , t h e q u e s t i o n must be s o l v e d by t h e f e d e r a l a u t h o r i t i e s , s i n c e i t was t h e y who c o n t r o l l e d t h e i m m i g r a t i o n p o l i c y w h i c h h a d p l a c e d t h e T e r r i t o r i e s i n t h e f i n a n c i a l c o n -d i t i o n s i n w h i c h t h e y nov; f o u n d t h e m s e l v e s . To remedy c o n d i t i o n s , H a u l t a i n p r o p o s e d : " t h a t a t e n t a t i v e f i n a n c i a l a g r e e m e n t be e n t e r e d i n t o , b a s e d u p o n t h e t e r m s e m b o d i e d i n t h e B r i t i s h H o r t h A m e r i c a A c t a n d t h e M a n i t o b a A c t , u n d e r w h i c h t h e N o r t h - W e s t Gov-e r n m e n t w i l l be r e q u i r e d t o u n d e r t a k e a l l t h e s e r v i c e s w h i c h f a l l upon P r o v i n c i a l G o v e r n m e n t " . 4 7 . 4 6 . W i t h r e f e r e n c e t o the f i n a n c i a l d i f f i c u l t i e s o f M a n i t o b a i n t h e e a r l y 1 e i g h t i e s , i t was d e c l a r e d : "One o f t h r e e " c o u r s e s must be a d o p t e d , v i z . e i t h e r the P r o v i n c e must " o b t a i n t h e means o f r e v e n u e f r o m t h e r e s o u r c e s w i t h i n " i t s l i m i t s , s u c h a s Crown l a n d s , t i m b e r l i m i t s , m i n e r a l s , " e t c . , o r t h e D o m i n i o n , o u t o f t h e p u b l i c t r e a s u r y , must " s u p p l y t h e n e c e s s a r y f u n d s t o c a r r y on t h e m a c h i n e r y o f " t h e l o c a l Government a n d . i m p r o v e m e n t s , o r l a c k i n g t h e s e " two s o u r c e s o f r e v e n u e , t h e p e o p l e o f t h e P r o v i n c e w i l l " be o b l i g e d t o s u b m i t t o d i r e c t t a x a t i o n " . " M a n i t o b a " , l e t t e r s on the A n o m a l o u s P o s i t i o n o f M a n i t o b a as a P r o v i n c e o f t h e D o m i n i o n , ( F r e e P r e s s , 1 8 8 1 . ) , p . 5 . 4 7 . H a u l t a i n t o t h e M i n i s t e r o f t h e I n t e r i o r , J a n u a r y 1 4 , 1 8 9 9 . S e s s i o n a l P a p e r s , 1 8 9 9 , p . 2 5 . 174 The c l o s e r e l a t i o n s h i p e x i s t i n g b e t w e e n i n c r e a s e d s u b s i d i e s a n d s t a t u s i s shown i n h i s s t a t e m e n t : " s u c h a p r o p o s i t i o n i m p l i e s t h a t a s a m p l e powers w i l l be g i v e n t o t h e l e g i s l a t i v e A s s e m b l y o f t h e T e r r i t o r i e s as p e r -t a i n t o t h e l e g i s l a t i v e s o f any o f t h e P r o v i n c e s " . 48. He c o n t i n u e d : " A f a v o r a b l e a c q u i e s c e n c e i n t h e t e r m s n e e d n o t p l a c e t h e T e r r i t o r i e s upon a n y o t h e r p o l i t i c a l f o o t i n g t h a n t h e y o c c u p y a t p r e s e n t , — - " . 4 9 . I t w o u l d a p p e a r t h a t H a u l t a i n was a t t e m p t i n g t o r e e n a c t t h e drama o f 1 8 9 1 . A t t h a t t i m e the a s s e m b l y i n v e s t e d t h e c o m m i t t e f o r f i n a n c i a l a f f a i r s , w h i c h e x i s t e d by s t a t u t e l a w , w i t h p o w e r s o f a f u l l e x e c u t i v e c o u n c i l . How H a u l t a i n a s k e d f o r what was i n e s s e n c e , t h e c o m p l e t e power o f a p r o v i n c e , a l -t h o u g h he m e n t i o n e d t h a t t h e p o l i t i c a l f o o t i n g w h i c h t h e T e r r i t o r i e s o c c u p i e d i n r e l a t i o n t o o t h e r p r o v i n c e s o f C o n -f e d e r a t i o n , n e e d n o t be a f f e c t e d . P r o f e s s o r M a r t i n ' s s t a t e -50 ment i n r e l a t i o n t o r e s p o n s i b l e government h a s b e e n shown t o be a j u s t r e f l e c t i o n upon c o n d i t i o n s , and the w e s t e r n l o v e o f p r e c e d e n t . H o w e v e r , when i t s u i t e d t h e i r p u r p o s e , w e s t e r n l e g i s l a t o r s c a r e d l i t t l e f o r f o r m . They g o t the p o w e r s a n d f o r m came l a t e r . They d e p e n d e d u p o n the c o u r s e w h i c h a t t h e t i m e seemed most l i k e l y t o l e a d t o the d e s i r e d g o a l , and i n t h e m a j o r i t y o f c a s e s t h e i n d i r e c t m e t h o d p r o v e d t h e most 51 v a l u a b l e . 4 8 . H a u l t a i n t o the M i n i s t e r o f the I n t e r i o r , J a n u a r y 1 4 , 1 8 9 9 . S e s s i o n a l P a p e r s , 1 8 9 9 , p . £ 5 . 49. H a u l t a i n t o t h e M i n i s t e r o f the I n t e r i o r , J a n u a r y 1 4 , 1 8 9 9 . S e s s i o n a l P a p e r s , 1 8 9 9 , p . £ 5 . 5 0 . S u p r a , p . Q9, 5 1 . I t a p p e a r s t h a t i n f e d e r a l c i r c l e s , t h e s p i r i t a n d t h e l e t t e r o f the l a w were t h e same: k e e p t h e west i n a n i n f e r i o r p o s i t i o n p o l i t i c a l l y . .175 H a u l t a i n u s u a l l y secured what he d e s i r e d , and the correspondence of 1899 was no exception. In the speech from the throne i n 1890, the l i e u t e n a n t - g o v e r n o r r e f e r r e d to the 52 l o d e r a t e i n c r e a s e i n the annual grant . The cabinet however, was not going to r e s t on i t s oars, f o r , i n s p i t e of " the 53 " very s u b s t a n t i a l i n c r e a s e to the revenue 1/ the government only looked upon i t " as a f f o r d i n g a temporary and p a t i a l amelior-54 " a t i o n of otherwise impossible f i n a n c i a l c o n d i t i o n s , and asked t h a t the assembly " take a c t i o n l e a d i n g to the e a r l i e s t p r a c t i c -a b l e s o l u t i o n of T e r r i t o r i a l f i n a n c i a l and a d m i n i s t r a t i v e prob-55 "lems". Up to t h i s time i t has been unnecessary to comment upon the r e l a t i o n s , other than o f f i c i a l - - , e x i s t i n g between the members of the T e r r i t o r i a l assembly and those/of the f e d e r a l . When l o c a l r e p r e s e n t a t i v e s entered the l a r g e r arena of Domin-i o n p o l i t i e s , they appeared to l o s e touch w i t h those whom they represented. A motion of Messrs McDonald and Mcleod on A p r i l 30, 1900, however, h i n t s at changing c o n d i t i o n s : ,T I n the o p i n i o n of t h i s House i t i s d e t r i m e n t a l to the best i n t e r e s t s of the Horth-West T e r r i t o r i e s , as l o n g as our present s t a t u s as T e r r i t o r i e s e x i s t s , f o r members of the Executive of t h i s Government to take any a c t i v e p a r t i n 52. There was one new member at t h i s s e s s i o n - Arthur l e w i s S i f t o n r e p r e s e n t i n g Banff. A r t h u r l e w i s S i f t o n : Born a t St. John's, Middlesex County, October 26, 1858. S l e e t e d member of the Horth-West Assembly 1899. C h i e f J u s t i c e of the Horth-West T e r r i t -o r i e s 1903. Chief J u s t i c e of A l b e r t a 1905, Prime Min-i s t e r of A l b e r t a 1910-1917. M e m b e r of Parliament and member of the Dominion Government 1917-1921. Member of Canadian d e l e g a t i o n to P a r i s Peace Conference. Died January 21, 1921. 53. J o u r n a l s , 19oo, p. 8. 54. J o u r n a l s , 1900, p. 8. 55. J o u r n a l s , 1900, p. 8. 176 F e d e r a l p o l i t i c s " . 5 6 . The motion was defeated by a vote of s i x to twenty-one, and i t i s i n t e r e s t i n g t o note, i n the l i g h t of what happened i n 57 1905, that H a u l t a i n voted i n the ne g a t i v e . F i n a n c i a l requirements and enlarged s t a t u s r e c e i v e d a t -t e n t i o n i n a motion of F. V/. G-. H a u l t a i n , seconded by J . II. Ross. The h i s t o r y of the Horth-West T e r r i t o r i e s of Canada was o u t l i n e d , and the success of various memorials commented upon. I t was d e c l a r e d that r e p r e s e n t a t i o n s had been made w i t h a view to o b t a i n i n g adequate f i n a n c i a l a s s i s t a n c e . These had r e s u l t -ed i n merely: " i n t e r m i t t e n t and i n s u f f i c i e n t a d d i t i o n s to the annual grant, the p r o v i s i o n so made by the Parliament of Canada never bear-i n g any adequate p r o p o r t i o n to the f i n a n c i a l o b l i g a t i o n s im-posed by the enlargement and development of the p o l i t i c a l  i n s t i t u t i o n s c r e a t e d by i t s e l f " • 58. The o l d argument was being used again: "Dominion p o l i c y put us "where we are; l e t the Dominion pay f o r i t " . The assembly d e s i r e d the establishment of a b a s i s " upon which the claims 59 "of the T e r r i t o r i e s to s u i t a b l e r e c o g n i t i o n might be s e t t l e d " . 56. J o u r n a l s , 1900, p. 60. 57. The excuse g i v e n f o r passing over H a u l t a i n when a premier was being/selected i n 19o5, was t h a t i n the campaigns pre-ceding the f e d e r a l e l e c t i o n , he had spoken f o r the Con-s e r v a t i v e p a r t y . F e d e r a l a u t h o r i t i e s d e c l a r e d that as a f o l l o w e r of the Opposition, h i s a t t i t u d e would not be con-ducive to a smooth working of the new c o n s t i t u t i o n . I t has a l s o been suggested t h a t i t was h i s a t t i t u d e on the school question, which caused the a c t i o n - See R. G. McBeth, The Romance of Western Canada, (Toronto, 1918.), p. EE9. The question c a l l s f o r f u r t h e r cheeking, but i t would appear that the Dominion government was attecopting to p l a y the r o l e of d i c t a t o r f o r the new provinces as f o r the T e r r i t o r i e s e a r l i e r : See J . C a s t e l l Hopkins, The Canadian Annual Review of P u b l i c Affairs,(Toronto,1906,),pp.1EE-227. 58. J o u r n a l s , 1900, p. 71. I t a l i c s not i n o r i g i n a l . 59. J o u r n a l s , 1900, p. 71. 177 An address was forwarded to the governor-general: " p r a y i n g him that he w i l l "be pleased to cause the f u l l e s t enquiry to "be made i n t o the p o s i t i o n of the T e r r i t o r i e s , f i n a n c i a l and otherwise, and to cause such a c t i o n to be taken as w i l l provide f o r t h e i r present and immediate welfare and good government, as w e l l as the due f u l f i l m e n t of the d u t i e s and o b l i g a t i o n s o f government and l e g i s l a t i o n assumed w i t h r e s p e c t to these T e r r i t o r i e s by the Parliament of Canada".60. This enquiry was to extend " to the settlement of t erms and " c o n d i t i o n s upon which the T e r r i t o r i e s or any p a r t thereof 61 " s h a l l be e s t a b l i s h e d as a P r o v i n c e " . By t h i s time p r o v i n c i a l s t a t u s was a l i v e problem i n the T e r r i t o r i a l Assembly, and the members were demanding that t h e i r r e p r e s e n t a t i v e s be g i v e n an o p p o r t u n i t y of d i s c u s s i n g any terms proposed. During the r e c e s s Premier H a u l t a i n entered i n t o c o r r e s -pondence w i t h the M i n i s t e r of the I n t e r i o r , on the subject of i n c r e a s e d subsidy and p r o v i n c i a l s t a t u s , and lie and J . H. Ross v i s i t e d Ottawa, i n the i n t e r e s t s of the question. In a l e t t e r to the Honourable C l i f f o r d S i f t o n , under date of January 30, 1901, H a u l t a i n p o i n t e d out the close r e l a t i o n s h i p between f i n -a n c i a l and c o n s t i t u t i o n a l c o n d i t i o n s . Upon t h i s s u bject lie s t a t e d : " The Memorial, May 2, 1900- while l e a d i n g to d e f i n i t e con-s t i t u t i o n a l changes, approaches the subject from the f i n a n -c i a l p o i n t of view and p o i n t s out how, i n i h e o p i n i o n of the L e g i s l a t u r e , our l e g i s l a t i v e j u r i s d i c t i o n and a d m i n i s t r a t i v e r e s p o n s i b i l i t i e s have been enlarged and i n c r e a s e d out of a l l p r o p o r t i o n to the means p l a c e d a t our d i s p o s a l " . 62 H a u l t a i n however, wanted i t c l e a r l y understood that the T e r r i t -o r i e s had a r e a l case f o r p r o v i n c i a l s t a t u s . R e l a t i v e to t h i s matter he d e c l a r e d : 60. J o u r n a l s , 1900, p.72. ti' J o u ? ^ l s 1900, p. 72. R e p r i n t e d i n O l i v e r , I I , 1155-1157. b«d. H a u l t a i n to S i f t o n , J a n u a r y 30,1901.Journals, 1903, 178 While f i n a n c i a l embarassments r a t h e r than c o n s t i t u t i o n a l a s p i r a t i o n s have l e d the North-West Government and l e g i s l a t u r e to d i s c u s s the p r o v i n c i a l s t a t u s I t h i n k that s u f f i c i e n t p r a c t i c a l reasons can be g i v e n f o r t h e e a r l y establishment of p r o v i n c i a l i n s t i t u t i o n s i n the West", 63. The reasons which H a u l t a i n advanced i n c l u d e d a r e f e r -ence to the r a p i d l y i n c r e a s i n g p o p u l a t i o n of the T e r r i t o r i e s . He d e c l a r e d t h a t the p o p u l a t i o n was g r e a t e r than that of B r i t i s h Columbia ten years p r e v i o u s l y , or P r i n c e Edward I s l a n d 64 a t the present day: " a p o p u l a t i o n t r a i n e d to the exercise of " powers of self-government f a l l i n g a l i t t l e s h o r t only of those 65 IT enjoyed by the P r o v i n c e s " . This was one aspect of the problem which e a s t e r n l e g i s l a t o r s f a i l e d to understand. To the i n a b i l i t y to comprehend the problems cr e a t e d by s c a t t e r e d settlements, must be added the f a i l u r e to recognize the nature of the people w i t h whom they were d e a l i n g . At times i t would seem that Can-adian statesmen forgot the progress t h a t had been made i n the form of government.during the t h i r t y years i n which the west had been under Canadian j u r i s d i c t i o n . H a u l t a i n was going to leave them no room f o r doubt, and i n t h e i r r e p r e s e n t a t i v e , the T e r r i t o r i e s had an agent capable of p r e s e n t i n g t h e i r case i n the c l e a r e s t p o s s i b l e manner. The second aspect of the question which H a u l t a i n pre-63. (Son't.) Appendix,pp.5-6.Reprinted i n O l i v e r , I I , 1 1 5 8 . 63. H a u l t a i n to S i f t o n , J a n u a r y 3o, 1901. J o u r n a l s , 1903, Appendix, p. 6. R e p r i n t e d i n O l i v e r , 11,1158-1159. 64. P o p u l a t i o n of B. C , 1891, 98,173. P. E. I.,1901, 103,259. H. W. T.,1901, 164,301. d i v i d e d as f o l l o w s ; Saskatchewan 91,279. A l b e r t a 73,022. 164,301. Based on The Canada Year Book, 1927-28. p. 102. 65. H a u l t a i n to S i f t o n , January 30, 1901. J o u r n a l s , 1903, Appendix, p. 6. R e p r i n t e d i n O l i v e r , I I , 1159. 179 sented, d e a l t w i t h the e f f e c t of the c o n s t i t u t i o n a l p o s i t i o n upon f i n a n c e s . For n e a r l y t h i r t e e n years the l e g i s l a t i v e assembly had been occupied w i t h founding l o c a l i n s t i t u t i o n s and l a w s , s u i t a b l e to the c o n d i t i o n s of the country. However, as had been p r e v i o u s l y p o i n t e d out, the, " parl i a m e n t a r y vote i s a p p a r e n t l y incapable of expansion at a l l i n p r o p o r t i o n to the needs of a r a p i d l y developing country and our powers c i r c u m s c r i b e d as they are by the n e c e s s i t i e s of our present anomalous c o n s t i t u t i o n a l p o s i t -i o n , f a l l s short j u s t at the p o i n t where f u r t h e r progress demands t h e i r e x e r c i s e " . 66. H a u l t a i n was not as k i n g that the T e r r i t o r i e s be immediately transformed i n t o p r o v i n c e s . The land question aggravated the c o n d i t i o n s which he had o u t l i n e d , and he f e l t t hat such d i f f i -c u l t i e s should be s e t t l e d before any f u r t h e r p u b l i c lands should be a l U i e n a t e d . R e s e r v a t i o n of su b j e c t s such as the land t i t l e s law and the a d m i n i s t r a t i o n of c r i m i n a l law, should also be withdrawn. S i f t o n ' s r e p l y was such as to encourage the premier. The M i n i s t e r of the I n t e r i o r d e c l a r e d t h a t he r e a l i z e d " the " d i f f i c u l t i e s of the p o s i t i o n i n which the Government and 67 " l e g i s l a t i v e Assembly of the Horth-VJest T e r r i t o r i e s are p l a c e d " , and admitted t h a t there ®as much i n the suggestions made i n the premier's l e t t e r , a n d the memorial to the assembly. More than t h a t , w h i l e he would make no p o s i t i v e statement, S i f t o n was " prepared to say that the time has a r r i v e d when the question of o r g a n i s i n g the T e r r i t o r i e s on the P r o v i n c i a l b a s i s 66. H a u l t a i n to S i f t o n , January 30,1901. Jo u r n a l s , 1903, Appendix, p. 6. Repri n t e d i n O l i v e r , I I , 1159. 67. S i f t o n to H a u l t a i n , March 21, 1901. Jo u r n a l s , 1903, Appendix 6, Re p r i n t e d i n O l i v e r , I I , 1160. 1 8 0 68 "ought to be the subject of f u l l c o n s i d e r a t i o n " . He f e l t the best way to d e a l w i t h the matter was to arrange a confer-ence between the two governments, and promised to do a l l i n h i s power to b r i n g about such a meeting. I t wa,s impossible however, to arrange an i n t e r v i e w before the T e r r i t o r i a l l e g -i s l a t u r e convened, and the d i s c u s s i o n had advanced to t h i s 69 p o i n t only,when the members reassembled on May 2, 1901. The only item i n the proceedings of i n t e r e s t to t h i s study, was a motion and amendment to the e f f e c t that the house was opposed to any extension of the western boundary of Man-i t o b a , on the grounds that such ex t e n s i o n would be d e t r i m e n t a l 70 to the i n t e r e s t s of the T e r r i t o r i e s . At t h i s time t h e r e vs/ere s e v e r a l proposals as to the manner i n which the T e r r i t o r i e s should enter the Canadian Dominion, and i n a l l of these, appar-e n t l y , Manitoba expected to be considered. For the time, members of her assembly seemed to subscribe to the"purchase theory? f o r on March 28, 1901, T. A. Burrows d e c l a r e d , " I t " would now be only f a i r f o r the Dominion to help the Province 71 " by g i v i n g to i t a p o r t i o n of the T e r r i t o r i e s " . The suggesions 68. S i f t o n t o Haultadn, March 21, 1901. J o u r n a l s , 1903, Appendix S. Reprinted i n O l i v e r , I I , 1160. 69. During the r e c e s s , George Malcolm Annable was returned as member f o r Moose Jaw,in place of James Hamilton Ross who had r e s i g n e d , The l a t t e r had been appointed commissioner of Yukon T e r r i t o r y , and h e l d t h a t p o s i t i o n u n t i l he became a candidate f o r the house of commons, to which he was e l e c t e d December 2, 1902. George Malcolm Annable: Born i n Ontario where he was educated. Had been town c o u n c i l l o r and school t r u s t e e . . . of Moose Jaw. A rancher. A Conservative. 70. Correspondence r e l a t i v e to the memorial on the c o n s t i -t u t i o n a l f i n a n c i a l p o s i t i o n of the T e r r i t o r i e s , was presented as S e s s i o n a l Paper Ho. 1, but was not p u b l i s h e d . 71. T. A. Burrows, M. 1. A. i n the Manitoba Assembly, 181 i n c l u d e d the annexation of a p o r t i o n of the ea s t e r n s e c t i o n of the T e r r i t o r i e s to Manitoba; the establishment of Saskat-chewan and p a r t of A l b e r t a i n t o one p r o v i n c e , the c e n t r a l i z -a t i o n of a l l d i s t r i c t s i n t o one p r o v i n c e , and the d i v i s i o n i n t o two p r o v i n c e s . F r e d e r i c V i l l e n e u v e , i n an i n t e r v i e w i n Montreal, August 28, 1902, maintained t h a t the s i x Saskatchewan members, and the Edmonton Board of Trade, favo r e d two p r o v i n -ces, one to the n o r t h , and one to the south, under d i f f e r e n t l a t i t u d e s and w i t h a d i s t i n c t p o l i t i c a l and geo g r a p h i c a l c h a r a c t e r . J . 1-1. Ross d e s i r e d one province w i t h Calgary f o r i t s c a p i t a l . H a u l t a i n a l s o , wanted one p r o v i n c e . There was only one p o i n t on which a l l agreed, and that was that the new province or p r o v i n c e s , as the case might be, should have con-t r o l of the p u b l i c lands. When the assembly was again convened on March 20, 1902, the question of p r o v i n c i a l s t a t u s was w e l l t o the f o r e . The T e r r i t o r i e s were e x p e r i e n c i n g a p e r i o d of great p r o s p e r i t y , and new settlements were s p r i n g i n g up, w i t h the promise of success which a good crop i n s p i r e s . The speech from the throne i n c l u d i n g a d r a f t b i l l , c ontained a reference to the correspondence^which had passed between the l o c a l and f e d e r a l a u t h o r i t i e s , o n the question of i n c r e a s e d powers, and to a meeting w i t h a sub-committee of the P r i v y C o u n c i l , on the same su b j e c t . E a r l y i n the s e s s i o n a long debate was h e l d on the subject of p r o v i n c i a l o r g a n i z a t i o n , and w h i l e the motion f i n a l l y passed as o r i g i n a l l y proposed by 71. (con't.) March 28, 1901. Quoted i n Hopkins, Annual R e g i s t e r of Canadian A f f a i r s , 1901, p. 485. 182 Messrs H a u l t a i n and Bulyea: " T/hereas the l a r g e r powers and income i n c i d e n t a l to the P r o v i n c i a l s t a t u s are u r g e n t l y and i m p e r a t i v e l y r e q u i r e d to a i d the development of the T e r r i t o r i e s and to meet the p a s s i n g n e c e s s i t i e s of a l a r g e and r a p i d l y i n c r e a s i n g pop-u l a t i o n : BE IT RES01VED, That t h i s House r e g r e t s that the F e d e r a l Government has decided not to introduce l e g i s l a t i o n at the present Session of P a r l i a m e n t w i t h a view to g r a n t i n g pro-v i n c i a l i n s t i t u t i o n s to the T e r r i t o r i e s ' / 72," the debate brought out many i n t e r e s t i n g aspects of the l a t e r q u e s t i o n . F i r s t , the T e r r i t o r i e s wanted to be " e s t a b l i s h e d " on a plane of e q u a l i t y w i t h the provinces of Ontario and 73 " Quebec i n r e s p e c t o f o r d i n a r y p r o v i n c i a l powers . I t would seem that the assembly regarded Manitoba as an anomaly, w i t h a p o s i t i o n coming midway between the status of the o l d e r p r o v i n c e s , and the t e r r i t o r i a l s i t u a t i o n i n which they found, themselves. Second, the question of one or more prov i n c e s . This controversy i s important, i n view of the f a c t , t h a t advantage was taken of the f a i l u r e to present a u n i t e d f r o n t , by the Dominion government i n postponing t h e i r a c t i o n . Messrs . P a t r i c k and Bennett moved an amendment that the area should be 72. J o u r n a l s , 1902, p. 18. The House d i v i d e d , 22 to 7. Yeas, Messieurs H a u l t a i n , S i f t o n , Bulyea, DeYeber, Brown, F i s h e r , M c l n t y r e , Meyers, E l l i o t t , Gross, R o s e n r o l l , l a k e , Smith, Shera, P r i n c e , Gonnell, McCauley, Simpson, Wallace, G i l l i s , Hawkes-2I. Nays, McDonald, Bennett, P a t r i c k , V i l l e n e u v e , Lie Kay, Mcleod, Annable- 7. That d i s s e n t was not a g a i n s t p r o v i n -c i a l s t a t u s , but the request f o r one province, was c l e a r -l y brought out i n the debates. 73. J o u r n a l s , 1902 , p. 18. 183 74 d i v i d e d i n t o two p r o v i n c e s , each la r g e enough to enjoy econ-omical government combined w i t h a." f i e l d to s a t i s f y l o c a l a m b i tions. They d e c l a r e d t h a t the arguments i n favor of one l a r g e province defeated the d e s i r e d ends, that i s , e q u a l i t y w i t h the other members of Confederation. Moreover, the es-tablishment of such an unwieldy province would add weight to the p l e a to extend Manitoba's boundaries westward. Such an argument could not be advanced i f two provinces were created, w i t h an area proximating that of ea s t e r and western s i s t e r p r o v i n c e s . A t h i r d argument of e s p e c i a l i n t e r e s t i n the l i g h t of events f o l l o w i n g 1905, was: " That the establishment of/two such provinces,would pave the way f o r u n i t e d a c t i o n w i t h Manitoba to secure a f a i r and e q u i t a b l e settlement of our common claims a g a i n s t the Dominion f o r b e t t e r terms and f o r co-operation i n the great and necessary work of p r o v i d i n g f a c i l i t i e s f o r the t r a n s -p o r t a t i o n of our products to the markets of the world". 75 The h i s t o r y of the west had been broken when Manitoba was cre a t e d a province i n 1870, and f o r the t h i r t y years f o l l o w -i n g , the province went i t s own way, the f e r r i t o r i e s , t h e i r ' s . I t would appear t h a t t h e i r i n t e r e s t s were again converging. The statement i s almost p r o p h e t i c , whenjthe s t r u g g l e s 1905-1930, f o r c o n t r o l of n a t u r a l resources are taken i n t o account. A debate arose w i t h r e s p e c t to a motion opposing the 74. P a t r i c k was from Saskatchewan and Bennett from A l b e r t a , but both were opposed to the H a u l t a i n p o l i c y of one province f o r the T e r r i t o r i e s . 75. J o u r n a l s , 1902, p. 21. 184 westward ext e n s i o n of the boundary of Manitoba, and as i n the 76 previous year, the house went on r e c o r d as f a v o r i n g present c o n d i t i o n s . Y«hile the house was i n s e s s i o n , a. l e t t e r was r e -c e i v e d from the Honourable C l i f f o r d S i f t o n , M i n i s t e r of the I n t e r i o r , r e l a t i v e t o the question o f i n c r e a s e d s t a t u s . He advanced three reasons why the f e d e r a l government had decided a g a i n s t i n t r o d u c i n g l e g i s l a t i o n to e r e c t a province i n the T e r r i t o r i e s . These i n c l u d e d , the sparse p o p u l a t i o n , the r a p i d i n c r e a s e talcing p lace which would a l t e r c o n d i t i o n s w i t h i n a short time, and the divergence of o p i n i o n w i t h r e s p e c t to the 77 number of provinces to be c r e a t e d . H a u l t a i n , t o whom the, communication was addressed, r e p l i e d on A p r i l 2, 1902, t h a t the contents were a great s u r p r i s e . He reminded the M i n i s -78 t e r of h i s statements of the p r e v i o u s year,and p o i n t e d out t h a t the passage of time had augmented r a t h e r than d i m i n i s h -ed the need f o r a c t i o n . The arguments f o r d e l a y i n g a c t i o n , he turned to s u i t h i s case. P o p u l a t i o n was not as sparse as i t had been i n other provinces upon t h e i r e r e c t i o n ; r a p i d l y changing c o n d i t i o n s had caused the need f o r a c t i o n , and de-l a y would not s e t t l e the dispute r e g a r d i n g the number of pro-v i n c e s . The statements put f o r t h at t h i s time were e s s e n t i a l l y the same as those which were used throughout the s t r u g g l e . 76. Supra., p. 1$0. 77. S i f t o n to H a u l t a i n , March 27, 1902. J o u r n a l s , 1903, Appendix, p.36. R e p r i n t e d i n O l i v e r , I I , 1202. 78. S i f t o n to H a u l t a i n , March 21, 1901, and A p r i l 5, 1901. c f . Supra., pp. 179ff. 185 were present. These meetings are important i n the l i g h t of what took place i n 1905, when the lieutenant-governor c a l l e d upon Scott to form a ministry i n preference to Haaltain. Members of the T e r r r i t o r i a l assembly of 1903, came to t h e i r task with a fresh mandate fror^the people, elections 80 being held A p r i l 13, 1903. The preliminary campaign had been 80. Members of the l e g i s l a t i v e Assembly of the Horth-West T e r r i t o r i e s 1903. Whitewood G r e n f e l l South Qu'Appe Horth Qu'Appe M i t c h e l l Wetasiwin Souris East Calgary West Calgary I n n i s f a i l lacombe Banff High River Moos$omin Wolseley Cannington V i c t o r i a Edmonton Strathcona St. Albert Horth Regina South Regina Moose Jaw Batoche Prince Albert K i n i s t i n o Yorkton Saltcoats Maple Creek Macleod Lethbridge Cardsfcon Medicine Hat Ba t t l e f o r d Archibald Beaton G i l l i s . Richard Stewart lake. l i e : George Hedley Vicars Bulyea. l i e : Donald Hogarth McDonald. Alexander Duncan lie In tyre . Anthony Sigwart de Rosenroll. John Wesley Gonnell. John Jackson Young. Richard Bedford Bennett. John A. Simpson. Peter Talbot. Arthur Lewis S i f t o n . Richard A l f r e d Wallace. Alexander Smith Smith. William E l l i o t t . Ewan Cameron McDiarmid. John William Shera. Richard Secord. Alexander Cameron Rutherford. Daniel Maloney. George William Brown. James Benjamin Hawkes. George Malcolm Amiable. Charles Fisher. Thomas McKay. 'William Frederick Meyers. Thomas A l f r e d Patrick. Thomas MacHutt. Horace A l b e r t i e Greeley. Frederick William Gordon Haultain, leverett George DeVeber. ;John "William Woolf. William Thomas Finlay. Benjamin Prince. John A. Reid, Clerk. Alexander Duncan Mclntyre: Born i n Ontario of Canadian 0r^Xju-^-^^ 185 a The stand taken i n 190£ was the p a t t e r n f o r lhat of 1903 and 1904. The memorials of the l e g i s l a t i v e assembly r e i t e r a t e d the same demands year a f t e r year, and H a u l t a i n made i t h i s business to " hammer home11 the p o i n t s f o r which he was working. In the sp r i n g of 1903, an event took place which gave r i s e to d i s c u s s i o n s r e g a r d i n g the p o s s i b i l i t y of engaging I n f e d e r a l p o l i t i c a l i s s u e s without i n t r o d u c i n g the same i n t o t e r r i t o r i a l a f f a i r s . On January £1, a meeting of the D i s t r i c t Conservative A s s o c i a t i o n was h e l d at Yorkton, when i t was de-cid e d , on motion of R. 13. Bennett, to h o l d a T e r r i t o r i a l Con-s e r v a t i v e Convention. Such a g a t h e r i n g took place on March £5, when the p r i n c i p a l speakers i n c l u d e d F. W. C-. H a u l t a i n , who was e l e c t e d honourary p r e s i d e n t . Among other r e s o l u t i o n s passed.was: " 8. D e c i s i o n to run the next T e r r i t o r i a l e l e c t i o n s on p a r t y l i n e s and to place a Conservative candidate i n every c o n s t i -tuency". 79. The question of i n t r o d u c i n g p a r t y p o l i t i c s i n t o the T e r r i t o r i a l e l e c t i o n s was keenly discussed, and although approved by a la r g e m a j o r i t y of the Convention, was deprecated by Messrs. H a u l t a i n and E l l i o t t , among others , on the ground that i t might unduly embarass the Horth-West Government, and u n n e c e s s a r i l y hasten an event which should be defer r e d as l o n g as p o s s i b l e . A s i m i l a r g a t h e r i n g of T e r r i t o r i a l l i b e r a l s took place on March 4, when i'/alter S c o t t , member f o r i i s s i n i b o i a West i n the f e d e r a l house, and D. IL McDonald leader of the T e r r i t o r i a l o p p o s i t i o n . 79. Hopkins, Canadian Annual Review, 1903, p. 197. 186 fought w i t h i n c r e a s e d subsidy and p r o v i n c i a l s t a t u s as i t s main planks. H a u l t a i n r e c e i v e d no r e p l y to h i s communication 81 of A p r i l 2, 1902 w i t h the M i n i s t e r of the I n t e r i o r , a & d i n a f u r t h e r communication of January 31, 1903, renewed h i s demands. The premier r e f e r r e d to a speech made to h i s c o n s t i t u e n t s (Macleod), which g i v e a an i d e a of ho?; the subject was presented to the e l e c t o r s : " At the present time the Government of the T e r r i t o r i e s i s engaged i n n e g o t i a t i o n s w i t h the Dominion Government l e a d i n g to the establishment of a p a r t of the T e r r i t o r i e s upon the p r o v i n c i a l b a s i s . Apart from a l l other consider-a t i o n s , f i n a n c i a l n e s e s s i t y has forced t h i s question to the f r o n t " . 82. 80. (con't.) parentage. General merchant and r e a l e s t ate agent. A l i b e r a l . John Jackson Young: Born and educated i n .England. A j o u r n a l i s t and rancher. A l i b e r a l - C o n s e r v a t i v e . P e t e r Talbot: Born i n Ontario where he was educated. Holds teacher's c e r t i f i c a t e and taught before t a k i n g up :farming. A l i b e r a l i n Dominion p o l i t i c s , a n d a sup-p o r t e r of the H a u l t a i n j a d m i n i s t r a t i o n i n the assembly. R i c h a r d Seeord; Born i n Ontario of Canadian parentage. A merchant. Alexander Cameron Ruthe r f o r d : Born i n Ontario of S c o t t i s h parentage. A b a r r i s t e r . Secretary and t r e a s u r e r of the town of Strathcona and of Strathcona School D i s t r i c t . Deputy speaker of the Horth-West assembly. A l i b e r a l . Thomas MaeHutt: Canadian. A farmer, r e a l e s t a t e , l o a n and insurance agent. Been l a r g e l y engaged i n c o l o n i z -a t i o n work. An Independent l i b e r a l , but opposed to Dominion p a r t y p o l i t i c s i n T e r r i t o r i a l l e g i s l a t i v e matters. John W i l l i a m Woolf: American. A farmer and rancher. P r e s i d e n t of Cardston M e r c a n t i l e Company. A L i b e r a l . W i l l i a m Thomas F i n l a y : I r i s h . A lumber merchant and i n t e r e s t e d i n ranching. Mayor of Medicine Hat 1900-1902. A L i b e r a l . 81. Or at l e a s t , so i t appears, f o r no r e p l y i s p r i n t e d i n S e s s i o n a l Papers, Ho. I, of the Horth-West T e r r i t o r i e s f o r 1903, which co n t a i n s a l l correspondence r e l a t i v e to the f i n a n c i a l and c o n s t i t u t i o n a l p o s i t i o n of the T e r r i t -o r i e s . 82. H a u l t a i n to h i s e l e c t o r s - quoted H a u l t a i n to S i f t o n , January 31, 1903. R e p r i n t e d i n O l i v e r , I I , 1208. 187 Haultain declared that while the controversey as to whether there should he one or more provinces had not heen settled, there were other more pressing questions over which the government did not hesitate: " These questions dealt with the things which the Govern-ment on behalf of the people of the T e r r i t o r i e s had claimed must of r i g h t belong to any Province established i n the West, and which were p r a c t i c a l l y unanimously approved by the l e g i s l a t u r e at i t s l a s t session. They are b r i e f l y -(1) -Equal r i g h t s with a l l the other Provinces of the Dominion and the same f i n a n c i a l consideration that has been given to those Provinces; (2) Control of the public domain i n the West, by the West and for the west; (3) Compensation for the a l i e n a t i o n of any part of the public domain for purely federal purposes; and (4) The removal of the unjust and onerous Canadian P a c i f i c Railway exempt from taxation". 83 With the subject thus presented to the electors at Macleod, and published i n newspapers and repeated on platforms through-out the T e r r i t o r i e s , the house opened with a membership, d i f -f e r i n g as to the number of provinces, hut united i n the demand fo r increased status. The speech from the throne referred to the negotiations being c a r r i e d on, but the only advance which i t could note, was the promise of the federal government to extend the jur-i s d i c t i o n of the l o c a l l e g i s l a t o r s to the subject of land t i t l e s . The debates on the question of status d i f f e r e d l i t t l e from those of the previous year. Differences of opinion were submerged i n a demand for what was believed to he the only 83. Haultain to his electors, quoted, Haultain to S i f t o n , January 31, 1903. Reprinted i n O l i v e r , I I , 1209. 188 means of solving the e x i s t i n g l e g i s l a t i v e and f i n a n c i a l d i f -f i c u l t i e s of the T e r r i t o r i e s , - " nothing short of that system " of government enjoyed "by our fellow c i t i z e n s i n the Provin-84 " ces". A second session of the assembly of the Horth-West T e r r i t o r i e s was held i n 1903, when i t was announced that l e g -i s l a t i v e j u r i s d i c t i o n had been extended so as to enable the l o c a l government to deal w i t h t h e q u a l i f i c a t i o n of members of the l e g i s l a t i v e assembly. I t would appear that the federal government was t r y i n g to s a t i s f y the west by small concessions:, and stave off the ine v i t a b l e grant of equality. When the question of r e d i s t r i b u t i o n of members of the federal house was discussed, Laurier suggested giving the T e r r i t o r i e s ten representatives, not because they were e n t i t l e d to them, but as an act of grace. On November 7, 1903, the Toronto Hews published an interview with F. W. G. Haultain, the T e r r i t o r i a l Premier. In i t , he stated the grounds upon which p r o v i n c i a l status was demanded: i t would enable the l e g i s l a t u r e to deal without r e s t r i c t i o n , i n regard to many matters i n which i t was now gravely hampered; i t would permit the assembly to borrow money for improvements upon favourable terms, i t would result i n increased revenues,' and what was v a s t l y important i n the l i g h t of this study, the T e r r i t o r i e s had become of age, and the people were demanding p r o v i n c i a l status at the p o l l s . H. V. Bulyea, was also quoted, and the ch i e f reasons which he gave 84. Memorial to the Governor-General i n Council, A p r i l 24, 1903, Journals, | i 9 0 3 , p. 32. 189 were the r i g h t to borrow money on the public c r e d i t , and to charter railways. The Hews declared that the r e a l reason fo r the delay was the school question. The e a r l i e r troubles i n Manitoba have been described as " a struggle between " Quebec and Ontario transferred to the banks «Sf the Red", and i n the case of the autonomy b i l l s , Orange influence on the one hand, and the church fathers on the other, caused delay and s t r i f e i n the federal house. The session of 1904, as f a r as p r o v i n c i a l status was concerned, was merely a r e p e t i t i o n of those of 1902 and 1903. The speech from the throne showed what l i t t l e progress had made: I have to express the regret of my Government that the the movement towards the establishment of the T e r r i t o r i e s upon the P r o v i n c i a l basis has not been mat e r i a l l y forwarded during the past year". 85. The most promising communication of the year was that of S i r W i l f r i d l a u r i e r to Premier Haultain on September 30, 1904: "Should my Government be sustained we w i l l be prepared im-mediately a f t e r the e l e c t i o n to enter upon negotiations f o r the purpose of a r r i v i n g at a settlement of the various ques-tions involved i n the granting of p r o v i n c i a l autonomy with a view to dealing with the question at the next session of Parliament". 86. The elections saw a return of l i b e r a l administrators, and true to the promise of t h e i r leader, autonomy b i l l s were introduced into the federal parliament and received assent 85. Honourable A. ill. Forget to the L e g i s l a t i v e Assembly, September 22, 1904. Journals, 1904, p. 8. Correspondence r e l a t i v e to the subject was reprinted as a Sessional paper, 86. l a u r i e r to Haultain, September 30, 1904. Reprinted i n Oliver, I I , 1234. 190 July 20, 1905. When the question eame up for discussion, there were several points which required solution. The f i r s t of these concerned the number of provinces. The area was too great for one, as had been suggested e a r l i e r by Haultain, and i t was f i n a l l y decided to divide them by a boundary north and south. The f i n a n c i a l terms were purely a matter of business and the school system which created an outburst o f sectarian controversy, l e d t o resignations i n the cabinet. From the viewpoint of a " c o l o n i a l p o l i c y " for the Dominion, and i t s bearing-upon l a t e r h i s t o r y , i t i s the land settlement which i s outstanding. There were two options, either give l o c a l con-t r o l of the public lands as i n the older provinces, or re t a i n them as was done i n Manitoba. Among other clauses, i t was enacted: " A l l Grown lands, mines and minerals and r o y a l t i e s i n c i d -ent thereto, and the interest o f the Grown i n the waters within the province under the Horthwest I r r i g a t i o n Act, 1898, s h a l l continue to be vested i n the Grown for the pur-poses of Canada, subject t o the provisions of any Act,of th Parliament of Canada with respect t o road allowances and reads or t r a i l s i n force immediately before the coming into force of t h i s Act, which shall, apply to the said province with the s u b s t i t u t i o n therein of the said province for the Horth-West T e r r i t o r i e s " . 87. This section revived a l l the arguments which had been used e a r l i e r i n respect to the retention of the public lands of 88 Manitoba "for the purposes of the Dominion". At that time the 87. 4-5 Edward VII, chap.3, s. 21. An Act to e s t a b l i s h and provide f o r the Government of the Province of Alberta. Statutes, 1905, p. 82. 4-5 Edward VII, chap. 42, s. 21. An Act to e s t a b l i s h and provide for the Government of the Province of Saskatchewan. Statutes, 1905, p. 207. 88. 33 Viet . , chap. 3, s. 30. An Act to e s t a b l i s h and provide for the Government of the Province of Manitoba. Statutes, 1870, p.25. 191 "purchase" theory had served the ends of a Conservative prem-i e r , who had promised the e l e c t o r s d u r i n g h i s campaign, th a t the P a c i f i c r a i l w a y would be b u i l t by means of the " l a n d through which i t had to pass", and without any cost to them. The 89 reason g i v e n f o r such a departure from B r i t i s h precedent was that the people of the new province were opposed to immigrat-i o n and might hinder Canadian a f f o r t s i n t h i s f i e l d . When a s i m i l a r q u e stion arose i n 1905, the reasons g i v e n were th a t the l a n d had been bought by the government of the Dominion/and 90 should be administered by i t . The American precedent was quoted, and refer e n c e made to the f e d e r a l immigration p o l i c y . As a w r i t e r on the n a t u r a l resources question i n A l b e r t a expressed i t ; " The Province had no c o n s t i t u t e d a u t h o r i t y to accept or r e j e c t the terms set out i n the Act that brought her i n t o e x i s t e n c e . The power that created the P r o v i n c e , that i s the Dominion Government, f i x e d the terras and that power decided t h a t an annual cash advance would be b e t t e r f o r the about-to-be formed Province than to give her her n a t u r a l r e s o u r c e s . " 91. The T e r r i t o r i e s r e c e i v e d only a m o d i f i e d form of p r o v i n c i a l s t a t u s , but, n e v e r t h e l e s s , had achieved t h e i r pur-pose, and Canada's f i r s t experiment i n c o l o n i a l p o l i c y was at an end. 89. By the common law of the Empire, the n a t u r a l resources belong to the l o c a l community. Morton, op, c i t . , passim. There had been a s h i f t back to the e a r l i e r i d e a of "annex-i n g " the lands, although the clause of the B r i t i s h Horth America Act-146- under which Manitoba entered, r e f e r r e d to the "admission o f other c o l o n i e s " . 90. Supra, p. 31. 91. John D . Hunt, Work i n manuscript, deposited i n the L e g i s l a t i v e L i b r a r y , Edmonton,Alberta. 19a conclusion. THE NORTH-WEST TERRITORIES: COIOHIES OF CANADA. B r i t a i n ' s f o u r g r e a t e s t g i f t s to the world have been her empire, parliament, l i t e r a t u r e and law. To the f i r s t of these Canada has made, and i s making, d e f i n i t e c o n t r i b u t i o n s . Through the a c t i v i t i e s of her statesmen she achieved respon-s i b l e government, the p r a c t i c a l though not the l e g a l , d i s -t i n c t i o n between a dominion and a colony. More than t h a t , Canada had her p e r i o d as d i r e c t o r of another colony, the North-West T e r r i t o r i e s . These d i s t r i c t s were i n a l l essen-t i a l r e s p e c t s c o l o n i e s of Canada, owing t h e i r a l l e g i a n c e to her, and only i n d i r e c t l y to the Queen. T e r r i t o r i a l s t a t u s has never been defined, and u n t i l g r e a t e r study of the subject has been made, i n c l u d i n g Canada's a c t i v i t i e s i n the present T e r r i t o r i e s , l i m i t s cannot be set as t o the meaning of the term. As Great B r i t a i n before her, the Dominion had no d e f i n i t e p o l i c y . Canada was j u s t s t a r t -i n g her career as a n a t i o n , attempting to overcome the d i f -f i c u l t i e s i nherent i n making a p o l i t i c a l union an organic whole. With these problems before her, her statesmen had l i t t l e time, even i f they had had the d e s i r e , which undoubted-l y many d i d , to work out a c o n s i s t e n t p o l i c y f o r the west. In 1905 a c o n d i t i o n a l s o l u t i o n of the whole question of the c o n s t i t u t i o n a l growth of the Canadian west was achieved, 193 f o r i n that year autonomy b i l l s oreated the provinces of Saskatchewan and Alberta. The term "North-West T e r r i t o r -i e s " took on a new meaning, those whose hi s t o r y these pages have attempted to trace, being, as i t were, on the doorstep of Canadian Confederation. They had knocked and were be-ing admitted, but another generation was to pass before they were r e a l l y i n the inner chamber. The end of a stage had been reached, but the c o n s t i t u t i o n a l development was the forerunner of the natural resources problem which was not solved u n t i l 1930. 194 APPEHDIX A E x t r a c t s from THE ROYAL CHARTER FOR IIICORPORATIHG- THE HUDSOH'S BAY COMPANY A.D.1670. By these p r e s e n t s , f o r us, our h e i r s and successors, DO g i v e , grant and confirm, unto the s a i d Governor and Company, and t h e i r successors, the s o l e trade and commerce o£ a l l .. these seas, s t r a i t s , hays, r i v e r s , l a k e s , creeks and sounds, i n whatsoever l a t i t u d e they s h a l l he, that l i e w i t h i n the entrance of the s t r a i t s , commonly c a l l e d Hudson's S t r a i t s , together w i t h a l l the lands and t e r r i t o r i e s upon the count-r i e s , c o a s t s , and c o n f i n e s of the seas, hays, l a k e s , creeks and sounds a f o r e s a i d , t h a t are not a l r e a d y possessed by or granted to any of our s u b j e c t s , or possessed by the su b j e c t s of any other C h r i s t i a n P r i n c e or S t a t e , w i t h the f i s h i n g of a l l s o r t s of f i s h , whales, sturgeons and a l l other r o y a l f i s h e s , i n the seas, bays, i n l e t s and r i v e r s w i t h i n the premises, and the f i s h t h e r e i n taken, together w i t h the r o y a l -t y of the sea upon the coasts w i t h i n the l i m i t s a f o r e s a i d , and a l l mines r o y a l , as w e l l d i s c o v e r e d as not discovered, of g o l d , s i l v e r , gems and precious stones, to be found or dis c o v e r e d w i t h i n the t e r r i t o r i e s , l i m i t s and places a f o r e -s a i d , and that the s a i d l a n d be henc e f o r t h reckoned and reputed as on© of our p l a n t a t i o n s or c o l o n i e s i n America, c a l l e d "Rupert's Land." And f u r t h e r we do, by these presents f o r us, our h e i r s and successors, make, c r e a t e , and c o n s t i t u t e the s a i d Govern-or and Company f o r the time being, and t h e i r successors, the true and absolute l o r d s and p r o p r i e t o r s of the same t e r r i t o r y , l i m i t s and p l a c e s , and of a l l other the premises, s a v i n g always the f a i t h , a l l e g i a n c e and sovereign dominion due to us, our h e i r s and successors, f o r the same to have, h o l d , possess and enjoy the s a i d t e r r i t o r y , l i m i t s and p l a c e s , and every of t h e i t r i g h t s , members, j u r i s d i c t i o n s , p r e r o g a t i v e s , r o y a l t i e s and appurtenances whatsoever, to them the s a i d Governor and Company, and t h e i r successors, as of our manor at East Greenwich, i n our County of Kent, i n f r e e and common soccage. We do grant unto the s a i d Governor and Company, and t h e i r successors, t h a t i t s h a l l and may be l a w f u l to and f o r the 195 s a i d .governor and. Company, and t h e i r successors, from time to time, t o assemble themselves, f o r or about any the matters, causes, a f f a i r s , or business of thqteaid t r a d e , i n any place or places f o r the same convenient, w i t h i n our dominions or elsewhere, and there to hold Court f o r the s a i d Company and the a f M r s t h e r e o f ; and that a l s o , i t s h a l l and may be/Lawful to and f o r them, being so assembled,and that s h a l l then and there be present, i n any such place or p l a c e s , whereof the Governor or h i s Deputy f o r the time being to be one, to make, orda i n and c o n s t i t u t e such and so many reasonable laws, con-s t i t u t i o n s , orders and ordinances as to them, or the g r e a t e r p a r t of them being then and there present, s h a l l deem necess-ar y and convenient f o r the good government of the s a i d Com-pany, and of a l l the governors of c o l o n i e s , f o r t s and p l a n -t a t i o n s , f a c t o r s , masters, mariners and other o f f i c e r s em-ployed or t o be employed i n any of the t e r r i t o r i e s and lands a f o r e s a i d . • The s a i d Governor and Company s h a l l have l i b e r t y , f u l l power and a u t h o r i t y to appoint and e s t a b l i s h Governors and a l l other o f f i c e r s to govern them, and that the Governor and h i s C o u n c i l of the s e v e r a l and r e s p e c t i v e places where the s a i d Company s h a l l have p l a n t a t i o n s , f o r t s , f a c t o r i e s , c o l o n i e s or places of trade w i t h i n any of the c o u n t r i e s , l a n d s , or t e r r i t o r i e s hereby granted, may have power to judge a l l persons belonging to the/said Governor and Com-pany, or that s h a l l l i v e under them, i n a l l causes, whether c i v i l or c r i m i n a l , a c c o r d i n g to the laws of the kingdom, and to execute j u s t i c e a c c o r d i n g l y . Report, 1857, Appendix, So. 11, pp. 410-413. 196 APPENDIX B Statement showing the ed each year s i n c e August 31, Year. 1887- 8 1888- 9 1889- 90 1890- 1 1891- 2 1892- 3 1893- 4 1894- 5 1895- 6 1896- 7 1897- 8 Amount r e c e i v e d . | 16,533.40 16,109.88 19,559.11 18,781.93 46,227.39 30,612.48 34,446.65 30,040.84 29,804.86 27,757.75 195,814.65 amount of l o c a l Revenue c o l l e c t -1887. Remarks. 12 months to August 31. 10 months to June 30. 12 months to June 30. 12 months to June 30. 12 months to June 30. ( i n c l u d -i n g l i q u o r l i c e n s e s f o r 14 mo.j 12 months to June 30. 14 months to August 31. 12 months to August 31. 12 months to August 31. 12 months to August 31. 16 months to December 31. S e s s i o n a l Paper No. 26, S e s s i o n a l Papers, 1899, p.38 197 APPENDIX 0 Statement showing the amount of money received, each year from the Dominion Government by the Government of the T e r r i t o r i e s since June 30, 1887. Year Amount Remarks Received 1387-8 $96,707.29 These amounts were appropriated f o r ex-1888- 9 142,889.10 penses of Government i n the T e r r i t o r i e s by 1889- 90 150,000.00 Parliament and expended by the Department of 1890- 1 246,465.04 the I n t e r i o r , either d i r e c t l y or through the 1891- 2. • 133,185.18 lieutenant-Governor, without reference to the Assembly, except i n 1888. They include appropriations for services s t i l l dealt with i n the same manner, such as the maintenance of the Government House and the l i e u -tenant Governor's o f f i c e s t a f f ; a s s i s -tance to schools i n the unorganized parts of the T e r r i t o r i e s ; care of the Insane; cost of the land T i t l e s Of-f i c e s ; care of the several Court Houses and supplies f o r the Judges; etc., The same services i n 1888-99 were estimated to cost $357,859.00, which amount was voted by P a r l i a -ment. There were ( and are s t i l l ) other appropriations made by P a r l i a -ment for the T e r r i t o r i e s and expended through the Departments of Justice, Public v/orks, etc., the extent of which i s not «asy to accurately compute, but i's known to be nearly $200,000.00 198 Year Amount Received Remarks 1891- 2 1892- 3 1893- 4 1894- 5 1895- 6 1896- 7 1897- 8 1898- 9 $ 93,775.40 195,700.00 199,200.00 225,534.00 267,534.00 242,879.00 282,879.00 282,879.00 it I n c l u d i n g an amount of $20,000.00 to defray expenses of e l e c t i o n s . I n c l u d i n g an amount of $45,000.00 on account of R e l i e f Expenditure. # Of t h i s amount the sum of $66,605.40 was i n c l u d e d i n the us u a l P a r l i a m e n t a r y a p p r o p r i a t i o n f o r 1891-2 and t r a n s f e r r e d to the c o n t r o l of the Assembly before the end of the year at the Session of 1892, a supplementary a p p r o p r i a t i o n of $27,170.00 was made on the r e p r e s e n t a t i o n s of the Executive Committee, making a t o t a l of $ 9 3 , 7 7 5 . 0 0 as the f i r s t money pla c e d at the d i s p o s a l of the ITorth-YJest Government by the dominion Government. S e s s i o n a l Paper Ho. 26, S e s s i o n a l Papers, 1899,p.39. 199 AUTHORITIES CONSULTED. A. Primary Sources: Annual Register, The,1849 B r i t i s h Columbia l e g i s l a t i v e Council, Debate on the Subjectof Confederation with Canada Government Gazette Extraordinary, liar oh 1870. V i c t o r i a , B. C., King's P r i n t e r , 1912. Callender, S. F., Hotes on a Conversation with, taken by W. H. Sage. Mr. Callender, who was on the l i b e r a l executive i n Regina i n 1905, gives h i s view of party conditions and t h e i r effect upon the passing over of Haultain. Canada, House of Commons , Debates, 1867-1905. Sessional Papers, 1867-1905. Senate, Debates, 1867T1905. Statutes, 1867-1905. Cayley, H. S., Interview with, August 16, 1932. Conditions i n the T e r r i t o r i e s , with p a r t i c u l a r reference to the c o n s t i t u t i o n a l question during the regime of l i e u t e n -ant-Governor Royal. Doughty, A. G., ed., Hotes on the Quebec Conference, 1864, Canadian H i s t o r i c a l Review, v o l . I, Ho. I, March 1920. Egerton, H. E., Grant, W. 1. Canadian Con s t i t u t i o n a l Development, london, John Murray, 1907. A useful c o l l e c t i o n of documents including t r a n s c r i p t s of Howe's l e t t e r s , to l o r d John R u s s e l l . 200 Hopkins, J . C a s t e l l , The Canadian Annual Review of P u b l i c A f f a i r s Toronto, The Canadian l e v i e w Co. l t d . 1902-1906. Volums f o r 1901-1905. Hudson's Bay Company, Char t e r s , S t a t u t e s , Orders i n C o u n c i l &c. R e l a t i n g to the Hudson's Bay Company, london, Hudson's Bay Company, 1831. Kennedy, W. P. M., ed., S t a t u t e s , T r e a t i e s and Documents of the Canadian C o n s t i t u t i o n , 1873-1929. Oxford, U n i v e r s i t y P r e s s , 1930. Contains documents r e l a t i n g to the s t r u g g l e f o r respon-s i b l e government i n Canada and the Maritime P r o v i n c e s . "Manitoba" l e t t e r s on the Anomolous P o s i t i o n of Manitoba as a Province of the Dominion. Pree P r e s s , 1881. R e p r i n t of newspaper a r t i c l e s . I n t e r e s t i n g as a back-ground f o r l a t e r s t r u g g l e . Prom comments, the question was apparently taken up by newspapers from a l l p a r t i e s . M a r t i n , Chester, ed., S i r Edmund Head's F i r s t P r o j e c t of F e d e r a t i o n , 1851. Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1928. Memorandum r e s p e c t i n g claims of B r i t i s h Columbia f o r B e t t e r Terms. V i c t o r i a , B. C. King's P r i n t e r . 1914. I n t e r e s t i n g f o r the d i s c u s s i o n of georgraphic f a c t o r s as a c l a i m f o r i n c r e a s e d subsidy. Horth-West T e r r i t o r i e s , 'Journals of the C o u n c i l of,1877-1887. Journals of the Assembly of, 1888-1904. 201 O l i v e r , E. I i . , ed., The Canadian North-West: I t s E a r l y Development and l e g i s l a t i v e Records. 2 v o l s . Ottawa, Government P r i n t i n g Bureau, 1914. Contains a u s e f u l b i o g r a p h i c a l notes on e a r l y c o u n c i l -l o r s , and a valuable c o l l e c t i o n of documents, but has to be c a r e f u l l y checked. Whelan, Edward, The Union of the B r i t i s h P r o v i n c e s . G a r d e n v i l l e , Quebec, Garden C i t y P r e s s , 1927. A valuable temporary account of the e a r l y Confederation movement, i n c l u d i n g a r e p o r t of the r e s o l u t i o n s adopted at the Quebec Conference. B. General Works: Beard, Charles A., Beard, W i l l i a m The American l e v i a t h a n . New York, The Macmillan Co., 1930. The d i s c u s s i o n of government i n the T e r r i t o r i e s r e -l a t e s p a r t i c u l a r l y to " I n s u l a r Cases". Bryee, George, A Short H i s t o r y of the Canadian People. Toronto, The Ryerson Pre s s , n. d. P l a c e s the a c q u i s i t i o n of the Horth-West by Canada i n i t s proper s e t t i n g . Bryce, James, The American Commonwealth. 2 v o l s . Second E d i t i o n , london, Macmillan and Co., 1889. The most u s e f u l work consulted upon the question of American T e r r i t o r i a l government. D e f i n i t e , though l a c k -i n g m a t e r i a l on c e r t a i n p o i n t s , such as the a d m i n i s t r a t i o n of p u b l i c l a n d s . The Canadian Who1s Who, Toronto, The Musson Book Co. L t d . 1910. 202 Dafoe, J. W., Cl i f f o r d . S i f t o n i n Relation to His Times. Toronto: The Macmillan Co. of Canada l t d . 1931. Gives p a r t i c u l a r attention to the stand taken by S i f t on the school question. l a f o e , J . W. , l a u r i e r : A Study i n Canadian P o l i t i c s . Toronto, Thomas A l l e n , 1922. Contains passing references to the Autonomy B i l l s , es-p e c i a l l y the clause r e l a t i n g to education. David, 1. 0., Hi s t o i r e Du Ganaada depuis l a Confederation, 1867-1887. Montreal, l i b r a i r i e Beauchemin l i m i t e e , 1909. Devotes p a r t i c u l a r attention to the question of the Horth-West. Farrand, Max, The Fathers of the Constitution. Hew Haven, Yale U n i v e r s i t y Press, 1921. The author dicusses the Ordinance of 1787 as the i n -auguration of " the American Colonial system? Fiske, John, C i v i l Government i n the United States Considered with Some Reference to i t s Origins, london, Macmillan and Co., 1890. Includes a comparison of T e r r i t o r i a l governments. Hammond, M. 0., Confederation and I t s Leaders. Toronto, McClelland and Stewart, l t d . , 1927. Passing references to the steps leading to the transfer of the Horth-West to Canada-Hibbard, 3. II., A"History of the Public land P o l i c i e s . Hew York, The Macmillan Co., 1924. American p o l i c y , i t s working and r e s u l t s . 203 K e i t h , A. B. , Responsible Government i n the Dominions, 3 v o l s . Oxford, Clarendon P r e s s , 1912. Regards the c o n t r o l of p u b l i c lands as an e s s e n t i a l aspect of r e s p o n s i b l e government. Kennedy, V/. P. M., The C o n s t i t u t i o n of Canada. London, Oxford U n i v e r s i t y P r e s s , 1922. A f a c t u a l d i s c u s s i o n of r e s p o n s i b l e government, with, p a r t i c u l a r emphasis upon c o n d i t i o n s i n the province of Canada. Lewis, John, George Brown. Toronto, Morang and Co.,Ltd., 1909. A v a l u a b l e chapter upon Brown's newspaper campaign to create i n t e r e s t i n the Horth-West. Mackenzie, A l e x . , L i f e and Speeches of Hon. George Brown. Toronto, The Globe P u b l i s h i n g Co., 1882. Includes a speech advocating the a c q u i s i t i o n of the Horth-West. M a r t i n , Chester, Empire and Commonwealth. Oxford, Clarendon P r e s s , 1929. An i n t e r p r e t a t i o n of the movement f o r r e s p o n s i b l e government i n Canada and llova S c o t i a . M o r r i s , Alexander, Hova B r i t a n n i a ; or, Our Hew Canadian Dominion Foreshadowed. Toronto, Hunter, Rose and Co., 1384. Speeches upon the subject of the value of the Horth-West T e r r i t o r i e s to Canada. Munro, W. 3., The Government of the United S t a t e s . Revised E d i t i o n . Hew York, The Macmillan Co., 1925. Deals mainly w i t h I n s u l a r possessions. 204 Kelson, John, - The Canadian Provinces,Sheir Problems and P o l i c i e s . Toronto, The Musson Boole Co., l t d . , 1924. A r t i c l e s appeared i n Macleanse Magazine, 1923. Dis-c u s s e s the e f f e d t of the retention of the natural resour by the Dominion, upon the P r a i r i e Provinces. Patterson, C. P., American Government. Boston, D. C. Heath and Co., 1929. Contains a useful discussion of T e r r i t o r i a l government. Rose, G. M., ed., A Cyclopaedia of Canadian Biography. 2 vols. Toronto, Rose Publishing Co., 1886. Rose, J. Holland, gen. ed., Hewton, A. P. Benians, E. A. The Cambridge History of the British^Empire, v o l . ¥1, Canada and Newfoundland. Cambridge, U n i v e r s i t y Press, 1930. Reveiant sections are contributed by, 1. -J. Burpee, R. G. Trotter, E. H. Oliver. Sage, W. N., S i r James Douglas and B r i t i s h Columbia. Toronto, The University of Toronto Press, 1930. Refers to the influence of experience i n the Red River upon the grant of Vancouver Island to the Hudson's Bay Company. Shortt, Adam, ed., Doughty, A. G. Canada and I t s Provinces. Toronto, Glasgow, Brook and Co., 1914. Various volumes contained narratives of the period under discussion. 205 Skelton, 0. D. , l i f e and. Letters of S i r W i l f r i d Laurier. 2 v o l s . , Toronto, Oxford U n i v e r s i t y Press, 1921. Like other works, pays p a r t i c u l a r attention to the school question. Skelton, 0. D., The Day of S i r W i l f r i d Laurier. Toronto, Glasgow, Brook and Co., 1916. Interesting but of l i t t l e use. Smith, II. A., Federalism i n North America. Boston, The Ghipman Law Publishing Co., 1923. A very general comparision of the i n s t i t u t i o n s of the United States and Canada. Tasse, Joseph, Les Canadiens de l'Ouest. Guatrieme E d i t i o n . Montreal, Berthiaume and S a bourin, 1882. Of particular-value f or biographical notes. Trotter, R. G., Canadian Federation. Toronto, J . M. Dent and Sons Ltd., 1924. Traces the growth of Canadian i n t e r e s t i n the North-West and the steps leading to i t s transfer to the Dominion. Wade, E. C. S., P h i l l i p s , G. G. Constitutional law. London, Longmans, Green and Co., 1931. Attempts to define the d i f i e r n c e between a dominion and a colony. Wallace, W. S., The D i o t i o n a r y of Canadian Biography. Toronto, The Macmillan Company of Canada Ltd., 1926. £06 Wallace, w. s., S i r John MacdonaId. Toronto, The Macmillan Company of Canada L t d . , 1924. Makes l i t t l e r e ference to Macdonald and the Horth-West. Watkin, S i r iC. W., Canada and the S t a t e s . R e c o l l e c t i o n s 1851-1886. london, Ward,lock and Co., 1887. Gives Watkin' s observations on the subject tff the Hudson's Bgray T e r r i t o r i e s , and t h e i r t r a n s f e r to Canada. Who's Who i n Western Canada. Vancouver, B. 6., The Canadian Press A s s o c i a t i o n , 1911. Wrong, G. M., M a r t i n , Chester Sage, W. H., The Story of Canada. Toronto, The Ryerson Psess, 19£9. The'section w r i t t e n by P r o f e s s o r M a r t i n , traces the h i s t o r y of the P r a i r i e s from the e a r l y days of the f u r trade to the e r e c t i o n of the Pr o v i n c e s tf i l l e r t a and Saskatchewan. Cv Works on the CahUian Horth-West. Begg, Alexander, The C r e a t i o n of Manitoba, Toronto, Hunter, Rose and Co., 1871. Traces the d i f f i c u l t i e s i n Red R i v e r . Begg, Alexander, H i s t o r y of the Horth-lfest. 3 v o l s . Toronto, Hunter, Rose and Co., 1894. Contains much source m a t e r i a l not reproduced e l s e -where. The d i s c u s s i o n of c o n s t i t u t i o n a l growth needs close checking, being not only sketchy, but in/some i n s t a n c e s , i n -acura t e . Black, H. P. H i s t o r y i n Saskatchewan and .the: Old Horth-West. Regina, Horth-West H i s t o r i c a l Co., 1913. W r i t t e n from o r i g i n a l sources, i t i s one o f the best works on the s u b j e c t . £07 Blue, John, A l b e r t a , Past and P r e s e n t . Chicago, Pioneer H i s t o r i c a l P u b l i s h i n g Co., 1924. A n a r r a t i v e account of the pioneer development of the west; very l i t t l e a t t e n t i o n g i v e n to a c r i t i c a l d i s c u s s i o n of governmental development. Bryce, Rev. P r o f e s s o r , Manitoba: I t s Infancy, Growth, and Present C o n d i t i o n . London, Sampson law, Morston, S e a r l e , and R i v i n g t o n , 1882. Discusses the t r o u b l e s i n Red R i v e r . B u r t , A. L., The Romance of the P r a i r i e P r o v i n c e s . Toronto, ¥. J . Gage and Co., 1931. Elementary, but one of the most comprehensive s t u d i e s i n the f i e l d . Foght, Harold W., A Survey of Education i n the Province of Saskatchewan, Canada. Report. Regina, King's P r i n t e r . 1918. An o u t l i n e of the h i s t o r i c a l b a s i s of separate schools i n Saskatchewan, and the p r o v i s i o n s which have been made w i t h respect to the execution of powers under the Act. Gunn, Lata Hon. Donald, T u t t i e , Charles R., H i s t o r y of Manitoba from the E a r l i e s t Settlement to 1835, by the Late Honorable Donald Gunn, and from 1835 to the Admission of the Province i n t o the Dominion, by Charles R. T u t t i e . Ottawa, Maclean, Roger and Co., 1880. Contains an account of the causes of the Red R i v e r t r o u b l e s . Haydon, A. L., The R i d e r s of the P l a i n s . London, Andrew Melrose L t d . , 1918. An i n t e r e s t i n g account of the v a l u a b l e work of the Horth-West Mounted P o l i c e , i n b u i l d i n g up the Canadian West. 208 H i l l , Robert B., Manitoba; H i s t o r y of i t s E a r l y Settlement, Development and Resources. Toronto, W i l l i a m B r i g g s , 1890. An i n t e r e s t i n g d e s c r i p t i o n of settlements and per s o n a l -i t i e s i n f l u e n t i a l i n western H i s t o r y , but very l i t t l e a t t e n t i o n i s g i v e n to the question of government. Mac Beth, R. G., The Making of the Canadian West. Toronto, W i l l i a m B r i g g s , 1898. An e n t e r t a i n i n g account , "being the reminiscences of an eye wit n e s s " . P a r t i c u l a r a t t e n t i o n i s gi v e n to the camp-aigns of 1885} Mac Beth, R. G., The Romance of Western Canada. Toronto, W i l l i a m B r i g g s , 1918. The n a r r a t i v e i s sketchy, but contains i n t e r e s t i n g -r e f e r e n c e s re c o l o n i a l s t a t u s , and Ha u l t a i n ' s stand on the e d u c a t i o n a l clauses of the autonomy b i l l s . Mac Innes, C. M., In the Shadow of the Rockies, london, R i v i n g t o n ' s , 1930. An u n c r i t i c a l account of the. e v o l u t i o n of government. Mac Rae, A. 0., H i s t o r y of the Province of A l b e r t a . 2 v o l s , n. p. The Western Canada H i s t o r y Co., 1912. A n a r r a t i v e of the development of the prov i n c e of A l b e r t a , w r i t t e n almost e n t i r e l y from secondary sources. Macoun, John, Manitoba and the Great Horth-West. Guelph, The World P u b l i s h i n g Co., 1882. Follows the work of Gunn and T u t t l e very c l o s e l y but does not acknowledge the source of many l o n g e x t r a c t s used. 209 M a r t i n , Archer, The Hudson's Bay Company's l a n d Tenures. London, Y / i l l i a m Clowes and Sons, L t d . , 1898. A d i s c u s s i o n of an e s s e n t i a l feature of western h i s t o r y which has "been n e g l e c t e d by the m a j o r i t y of w r i t e r s . Mercer, Adam G., The Canadian Horth-West: I t s H i s t o r y and i t s Troubles. Toronto, Rose P u b l i s h i n g Company, 1885. A n a r r a t i v e h i s t o r y of the west from the days of the f u r trade to the coming of s e t t l e r s . Weir, G. M., involution of the Separate School Law i n the P r a i r i e P r o v i n c e s . Toronto, Gage, 1917. A d e t a i l e d study combining the l e g a l and pedagogical aspects of the question. D. A r t i c l e s , Pamphlets, Reviews• e t c . Brebner, J.B., Canada and Horth American H i s t o r y . Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1931. An i n t e r e s t i n g study of the f r o n t i e r , w i t h many r e f e r -ences to the a t t i t u d e of other w r i t e r s . Bryce, Rev. P r o f e s s o r , In Memoriam, Late A. K. I s b i s t e r , M. A. LL.B., Honorary Member. Manitoba H i s t o r i c a l and S c i e n t i f i c S o e i e t y , Transaction Ho. 2, Session, 1883-4. Bryce, Rev. P r o f e s s o r , 'Two P r o v i s i o n a l Governments i n Manitoba. Manitoba H i s t o r i c a l and S c i e n t i f i c S o c i e t y , Transaction Ho. 38, January 9, 1890. B u r t , A. L., Our Dynamic S o c i e t y . Minnesota H i s t o r y , v o l . 13, Ho. 1, March, 1932. W r i t t e n w i t h the v i g o r of the subject w i t h which i t d e a l s , t h i s paper c o n t a i n s references to the Canadian f r o n t i e r movement. 210 Canadian Horth-West H i s t o r i c a l S o c i e t y , The Story of the Peess. B a t t l e f o r d , Canadian Horth-West H i s t o r i c a l S o c i e t y P u b l i c -a t i o n s , v o l . I , Ho. IT, P t . , I , 1928. The account as g i v e n by those who played a part i n the development of the west. Cappon, James, The P r i n c i p l e of S e c t a r i a n i s m i n the Canadian C o n s t i t u t i o n . Queen's Q u a r t e r l y , v o l . X I I , Ho. 4, A p r i l , 1905. Traces the i n f l u e n c e of s e c t a r i a n i s m i n the c o n d i t i o n s and events l e a d i n g up to Confederation, l i k e other a r t i c l e s w r i t t e n at t h i s time,the author was i n f l u e n c e d by the d i s c u s s i o n of the school question i n the P r a i r i e P r o v i n c e s . C o r n h i l l Magazine, The The Story of a Dead Monopoly. The C o r n h i l l Magazine, v o l . X X I I , 1870. "A mere s e r i e s of reminiscences". Doughty, A. G-., The Awakening of Canadian I n t e r e s t i n the Northwest. Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1928. Discusses the f a c t o r s c o n t r i b u t i n g towards such an i n t e r e s t . Drummond, Lewis, The French Element i n the Canadian Horthwest. Manitoba H i s t o r i c a l and S c i e n t i f i c S o c i e t y , Transaction Ho. 25. Session 1886-87. Contains references to French e x p l o r a t i o n i n the Hudson's Bay area p r i o r to 1670. Dyde, S. W., The Canadian C o n s t i t u t i o n and the School 'Question. Queen's Quarterly, v o l . X I I I , Ho. 1, J u l y , 1905. Gives the opposing i n t e r p r e t a t i o n s p l a c e d upon the education clause of the B r i t i s h n o r t h America Act by Borden and H a u l t a i n on the one hand, and L a u r i e r on the other. £11 Hart, Thomas, The E d u c a t i o n a l System of Manitoba. Queen's Qu a r t e r l y , v o l . , X I I , Ho. 3, January, 1905. Harvey, D. C., Review, Responsible Government i n P r i n c e Edward I s l a n d : ~ Triumph of Self-Government under the Grown, by W. Rasa L i v i n g s t o n e . ' J Canadian H i s t o r i c a l Review, v o l . X I I I , Ho. £, June, 1932. L e f r o y , A. II. P., P o i n t s of S p e c i a l I n t e r e s t i n Canada's Federal C o n s t i t u t i o n . Canadian P o l i t i c a l Science A s s o c i a t i o n , Proceedings, 1913. Discusses the compact theory of Confederation, and the e f f e c t which the c r e a t i o n of the P r a i r i e Provinces has upon th a t i n t e r p r e t a t i o n . L o w e l l , A. L., H a l l , H. D., The B r i t i s h Commonwealth of n a t i o n s . World Peace Foundation Pamphlets, v o l . X, Ho. 6. Appendix c o n t a i n s v a l u a b l e e x t r a c t s from documents r e l a t i n g to Empire development, i n c l u d i n g the I r i s h Free State Const-i t u t i o n A c t , 1922. Macintosh, W. A., Economic F a c t o r s i n Canadian H i s t o r y . Canadian H i s t o r i c a l Review, v o l . IV," Ho. 1, March 19£3. Discusses f r o n t i e r i n f l u e n c e . Mc A r t h u r , A l e x . , The Causes of the R i s i n g i n the Red R i v e r Settlement,, 1869-70. Manitoba H i s t o r i c a l and S c i e n t i f i c S o c i e t y , . P u b l i c a t i o n Ho. 1, October 10, 1882. McDougall. J . L., The F r o n t i e r School and Canadian H i s t o r y . Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1929. P o i n t s out h i s t o r i c a l f a c t s whieh, i n the w r i t e r ' s o p i n i o n , are not c o n s i s t e n t w i t h the f r o n t i e r theory, and a t t a c k s i t s a p p l i c a t i o n to Canadian development. 2 1 2 M a r t i n , Chester, Confederation and the West. Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1927. Includes a reference to the e f f e c t which the western entry had upon the o r i g i n a l nature of the c o n f e d e r a t i o n M a r t i n , Chester, S i r Edmund Head and Canadian Confederation, 1851-1858. Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1929. M a r t i n , Chester, The C o l o n i a l P o l i c y of the Dominion. Royal S o c i e t y of Canada, Transactions, 1922. 1 d i s c u s s i o n of the i m p e r i a l nature which the presence of the west imparted to the f e d e r a l c o n s t i t u t i o n . M a r t i n , Chester, The Completion of Confederation. •Queen's Q u a r t e r l y , S p r i n g , 1931. Discusses the r e t u r n of the n a t u r a l resources to the P r a i r i e P r o v i n c e s as the f i n a l step,which completed Confed-e r a t i o n as i t was f i r s t contemplated-a f e d e r a t i o n of equals. M a r t i n , Chester, The N a t u r a l Resources Question . Winnipeg, U n i v e r s i t y of Manitoba, 1920. The h i s t o r i c a l b a s i s of Manitoba's claims to her n a t u r a l r r e s o u r c e s . P r o f e s s o r M a r t i n b a s i s h i s whole argument upon what had been dane i n the other Canadian p r o v i n c e s , and the r i g h t s inherent i n r e s p o n s i b l e government. Morton, A. S., Memorandum on N a t u r a l Resources. U n i v e r s i t y of Saskatchewan, Department of H i s t o r y , June, 1930. P r o f e s s o r Morton b a s i s h i s argument f o r the r e t u r n of the p u b l i c domain upon the common law of the Empire, t h a t , the n a t u r a l resources belong to the l o c a l community. His work i n c l u d e s c o l o n i a l c h a r t e r s which give reason f o r h i s i n t e r p r e t a t i o n , and show that r e s p o n s i b l e government and c o n t r o l of n a t u r a l resources are two d i s t i n c t f e a t u r e s of B r i t i s h c o l o n i a l p o l i c y . 3X3 Morton, A. 3., Review S t a t u t e s Orders i n C o u n c i l , e t c . , r e l a t i n g to tne Hudson's Bay Company. e Canadian H i s t o r i c a l Review, v o l . X I I I , Ho. 1, March 1932 Morton, A. S., The Place of the Red R i v e r Settlement i n the Plans of the Hudson's Bay Co., 1812-1825. Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1929. Prud'homme, 1. A., M honorable Joseph Royal - Sa v i e - Ses oeuvres. Royal S o c i e t y of Canada , Tra n s a c t i o n s , 1904. C h i e f l y concerned w i t h the l i t e r a r y career of Royal. Reid,£.n, The R i s e of n a t i o n a l P a r t i e s i n Canada. Canadian P o l i t i c a l Science A s s o c i a t i o n . Proceedings, 1932.. Sage, W. H., Some Aspects of the F r o n t i e r i n Canadian H i s t o r y . Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1928. The i n f l u e n c e of the f r o n t i e r i n t e r p r e t e d i n terms o f Ho r t h American H i s t o r y . Sage, W. H., The A n n e x a t i o n i s t Movement i n B r i t i s h Columbia. Royal S o c i e t y of Canada, Transactions, 1927. Contains a reference to the Banks' B i l l of J u l y 2, 1866, which provided f o r the o r g a n i z a t i o n of S e l k i r k and Saskatch-ewan as t e r r i t o r i e s of the U n i t e d S t a t e s . Sage, W. H., The C r i t i c a l P e r i o d of B r i t i s h Columbia H i s t o r y , 1866-1871. Manuscript Copy. Refers to the importance of the t r a n s f e r of Rupert's Land and the Horth-Western T e r r i t o r y to Canada, upon the connect* i o n between the p a c i f i c . c o l o n i e s and the Dominion. 214 S t a p l e s , l i l a , The Honourable Alexander Morris,, The Man, His Work. Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1928. P a r t i c u l a r l y i n t e r e s t i n g d i s c u s s i o n upon M o r r i s ' work i n and f o r western Canada. T r o t t e r , R. G., B r i t i s h Finance and Confederation. Canadian H i s t o r i c a l A s s o c i a t i o n , Report, 1927. U n d e r b i l l , F. H., Some Aspects of Upper Canadian R a d i c a l Opinion i n the decade before Confederation. Canadian H i s t o r i c a l A s s o c a i t i o n , Report, 1927. Contains a v a l u a b l e d i s c u s s i o n of the par t played by George Brown and the Toronto Globe i n educating Canadian p u b l i c o p i n i o n to the values of the Horth-West. 

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