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FURTHER PAPERS Relating to the non-fulfilment by Canada of the Railway Clause of the Terms of Union. British Columbia. Legislative Assembly 1879

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 42 Vic. Railway Correspondence. 251
FURTHER  PAPERS
Relating to the non-fulfilment by Canada of the  Railway Clause of the  Terms
of Union.
By Command.
T. Basil Humphreys,
Provincial Secretary.
Provincial Secretary's Office,
5th February, 1879.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor in Council on the 2Uh day of September, 1878.
The Committee of Council recommend that the Petition of the House of Assembly
to Her Majestj- the Queen, respecting the violation by the Dominion of her railway
engagements with this Province, be forwarded to the Eight Honourable the Secretary
of State for the Colonies, through the usual and proper channel; that extra printed
copies be also enclosed to the Colonial Office, as well as to the Dominion Government.
The Committee advise that the recommendation be approved.
Certified,
(Signed)       T. B. Humphreys,
Provincial Secretary and Clerk Executive Council.
The Lieutenant-Governor to the Secretary of State for Canada.
Government House,
Victoria, B.C., 26th September, 1878.
Sir,—I have the honour to enclose you, herewith, a petition from the Legislative
Assembly of this Province, adopted at the last Session thereof, to Her Majesty the
Queen, praying, in a certain event, that the Province may be allowed to collect the
Customs and Excise duties, and withdraw from the Union with the Dominion; also
twenty-four printed copies of the petition.
I have further the honour to request that the original petition, with a number of
the printed copies, be forwarded, through the proper channel, to the Eight Honourable
the Secretary of State for the Colonies, and that the remaining copies be retained by
you for the consideration of the Dominion Government.
I have, &c,
(Signed)      A. N. Richards.
The Secretary of State for Canada to the Lieutenant- Governor.
Ottawa, 9th September, 1878.
Sir,—Eeferring to my letter of the 31st May last, enclosing a copy of a letter from
the Secretary of the Department of Public Works, in which your Government was
requested to reserve for conveyance to the Dominion Government, in accordance with
the llth paragraph of the Terms of the Union, lands in certain localities therein set
forth, for the purposes of the Canadian Pacific Eailway, I have the honour to transmit 252 Railway Correspondence. 1879
to you herewith, a copy of an order of His Excellency the Governor-General in Council
in further relation to the subject.
I have to request that this Order in Council may be brought under the early notice
of your Government, with particular reference to the concluding portion thereof.
I have, etc.,
(Signed)       E. W. Scott.
Secretary of State.
Copy of a Report of a Committee of the Honourable the Privy Council, approved by His
Excellency the Governor- General in Council, on the 3rd September, 1878.
On a Eeport, dated 31st August, 1878, from the Honourable the Minister of Public
Works, stating that by the eleventh clause of the agreement under the Terms of which
the Province of British Columbia entered the Dominion of Canada, the Government of
British Columbia engaged to convey to the Dominion Government in trust, to be appro-
propriated in such manner as the Dominion Government might deem advisable, in
furtherance of the construction of the Canadian Pacific Eailway, an extent of public
lands along the line of Eailway throughout its entire length in British Columbia, (not,
however, exceeding twenty (20) miles on each side of the said line), equal to the area
which might be appropriated for the same purpose by the Dominion Government from
the public lands of the North West Territories and the Province of Manitoba, the
conditions of the agreement further providing that the quantity of land held under preemption right or by Crown Grant, within the limits of the tract of land in British
Columbia to be so conveyed to the Dominion Government, should be made good to the
Dominion from contiguous public lands.
That by several Orders in Council in that behalf, the necessary public lands in the
North West Territories and Province of Manitoba, along the line of the said Eailway
have been withdrawn from sale and settlement, pending the appropriation thereof for the
purposes of the said Eailway, and the route of the line of Eailway through Manitoba,
the North West Territories and British Columbia, having been now defined by Orders
in Council, it is advisable that the necessary appropriation should be made and that the
Government of British Columbia should be called upon to convey to the Dominion
Government such extent of public lands in British Columbia as has been above specified.
The Minister therefore recommends that all public lands in the Province of
Manitoba, and in the North-West Territories, within twenty miles on each side of the said
line of Railway be set apart for the purposes of the Canadian Pacific Eailway, and be
appropriated in such manner as the Dominion Government may deem advisable in furtherance of the construction of the said Eailway.
The Minister further recommends that the Secretary of State be authorized, on
behalf of this Government, to inform the Government of British Columbia as to the
route of the line of Eailway, notifying them that all public lands in the Province of
Manitoba and in the North-West Territories, within twenty miles on each side of the
line, have been set apart as above-mentioned; and to request that Government, in
accordance with their agreement in that behalf, to convey to the Dominion Government
in trust, to be appropriated in such manner as the Dominion Government may deem
advisable in furtherance of the construction of the said Eailway, a similar extent of
public lands along the line of Eailway, throughout its entire length in British Columbia,
and to make good to the Dominion, from contiguous public lands, the quantity of land
(if any) which may be held under pre-emption right or by Crown grant within the
limits of the tract of land in British Columbia to be so conveyed to the Dominion
Government.
The Committee submit the foregoing recommendations for your Excellency's
approval,
Certified.
(Signed)       W. A. Himsworth,
Clerk Privy Council. 42 Vic Railway Correspondence. 253
The Secretary of State for Canada to the Lieutenant-Governor.
Ottawa, 23rd September, 1878.
Sir,—Adverting to my letter of the 9 th instant, and its accompanying copy of an
Order of His Excellency the Governor-General in Council of the 3rd instant, on the
subject of the land in the Province of British Columbia to be reserved for the purposes
of the Canadian Pacific Eailway, I have the honour to transmit to you herewith, for the
information of your Government, a copy of a letter from the Secretary of the Department of Public Works, together with plan, therein referred to, showing the line of the
said Eailway through that Province as now defined.
I have to request that a conveyance may be obtained from your Government to that
of the Dominion, in trust, of the extent of public lands mentioned in the Order in
Council of the 3rd instant.
I have, &c,
(Signed)       E. W. Scott.
Mr. Braun to the Secretary of State for Canada.
Ottawa, September 20th, 1878.
Sir,—I have the honour to transmit two copies of the plan showing the line of the
Canadian Pacific Eailway through British Columbia, as now defined, together with a
copy of the Order in Council of the 3rd instant (copy sent with letter of 9th September)
setting apart a certain area of land on either side of the line throughout the Province
for the purposes of the Eailway ; and I am directed to request you to obtain from the
Government of British Columbia a conveyance to the Dominion Government, in trust,
of the extent of public lands mentioned in the said Order in Council.
I have, &c,
(Signed)       F. Braun,
Secretary.
The Lieutenant-Governor to the Secretary of State for Canada.
Government House, Victoria, B. O,
November 9th, 1878.
Sir,—1 have the honour to enclose to you, herewith, a copy of a Minute of my
Executive Council, dated 5th instant, calling the attention of the Dominion Government
to despatches of the 31st May, 9th and 23rd September, 1878, respectively, having reference to the reservation and conveyance, for the purpose of the Canadian Pacific Eailway,
of land on the Mainland of British Columbia, and requesting that the present Dominion
Government will be good enough to communicate their views on said despatches to the
present Government of this Province as soon as possible.
I have, &c,
(Signed)       A, N. Eichards.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Excellency the Lieutenant-Governor on the 5th day of November, 1878.
The Committee of Council consider it advisable to respectfully invite the attention
of the Dominion Government to their predecessor's despatches of the 31st May, 9th of
September, and 23rd of September, 1878, respectively referring to the reservation and
conveyance, for the purposes of the Canadian Pacific Eailway, of land on the Mainland
of British Columbia, and to request the present Dominion Government to be good enough
to communicate their views on said despatches to this Government as soon as possible. 254 Railway Correspondence. 1879
The Committee would observe that the land mentioned has been fully reserved for
Eailway purposes, and that every facility should and will be given to the Dominion
Government to enable them to commence Eailway construction in the Province at the
earliest practicable moment.
The Committee advise that this Minute be approved, and that a copy thereof be
forwarded to the Dominion Government.
Certified,
(Signed) T. B. Humphreys,
Provincial Secretary and Clerk Executive Council.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor on the 16th day of January, 1879.
The Committee of Council recommend that his Honour the Lieutenant Governor be
respectfully requested to forward the following telegrams, which explain themselves, to
the Honourable the Secretary of State:—
"Victoria, January 15th, 1879.
" To the Hon. Secretary of State, Ottawa.
"Expected reply to my despatch of 9th November not having been received, please
acquaint Government by telegram with your Eailway policy, as Legislature meets
Twenty-ninth January. Ministry, anticipating a reply, have deferred troubling your
Government until latest moment. Also please forward accompanying telegram to
Imperial Government, if their reply to Province not received."
British Columbia, January 15th, 1879.
"To the Secretary of State, Colonies, London.
" No reply to Petition of Legislative Assembly, which meets twenty-ninth.   Has it
been forwarded ? "
The Committee recommend that copies of this Minute be sent to the Imperial and
Dominion Governments.
Certified,
(Signed)       T. B. Humphreys,
Provincial Secretary and Clerk Executive Council.
Government House, Victoria, B. C,
January 16th, 1879.
The above Telegrams were sent this day at 3.30 p. m.
(Signed)       A. N. Eichards.
[Telegram.]
Ottawa, Ontario,
lo the Hon. Geo. A. Walkem, Attorney-General. January 24th, 1879.
Eailway matters are now under consideration, and your representations and claims
will receive our best attention.
(Signed)       John A. Macdonald.

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