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reasons—because ces terres sont parallèles à merchant-adventurers of England, trading notre France-conflicts with the extravagant to Hudson's Bay.” claim of Lescarbot to all the country north- The proclamation of 1791 takes us to a ward to the Arctic circle, a claim of which point where a line drawn due north from the groundlessness has already been shown. Lake Temiscaming would intersect "the If the Pacific had been set up as the western boundary line of Hudson's Bay, including all limit of Canada, on the strength of the dis- the territory to the westward and southward coveries of the Vérandryes, it might have had of the said line, to the utmost extent of the merit of resting on a discovery, though country commonly called, or known, by the it would have been no less invalid, because name of Canada.” If we ascertain the westEngland received the capitulation of Canada ern limit of Canada as agreed upon by the with a specific description of boundaries on French and English Governments, we shall the west, not only in words, but accompanied then know the exact meaning of the lanby a line officially drawn on a map, by the guage of the proclamation. In the meanrepresentative of the nation making the ces time it will be necessary to examine into the sion, and accepted, and afterwards insisted circumstances under which the westen on by herself.
boundary was judicially declared, in the The western boundary line of Canada, to absence of all information as to the points which we now turn, was once, upon insuffi- to which the French and English Governcient evidence, judicially declared. The ments allowed it to extend, after the capituwhole question was made to rest on the de- lation by Vaudreuil. scription in the Quebec Act, 1774, and the It is to be observed that the line westward, Proclamation of 1791. Of the former, the described in the Quebec Act, followed the concluding portion is all that it is necessary bank of the Ohio river ; but the northward to quote :--
line drawn from the junction of that river “Through Lake Ontario and the river with the Mississippi is not similarly controlcalled Niagara ; and thence along the south- led by the obligation to follow the course of easter bank of Erie, following the said the latter river. The words westward and bank, until the same shall be intersected by northward, taken by themselves, are of the northern boundary granted by the char- equivalent value : the westward line would ter of the Province of Pennsylvania, in case necessarily deviate from a due west line 25 the same shall be so intersected; and from much as the Ohio deviated. Was the thence along the said northern and western northward line to follow the course of the boundaries of the said Province until the Mississippi without special direction? If said western boundary strike the Ohio ; but not was there any thing to prevent its being in case the said bank of the said lake shall a due north line ? This, in the absence of not be found to.be so intersected, then fol- all positive evidence to show the western lowing the said bank until it shall arrive at limit of Canada, was the state of the question such point of the said bank which shall be on the trial of Reinhard and McLellan, at nearest the north-western angle of the Pro- Quebec, May, 1818. Witnesses having the vince of Pennsylvania ; and thenc ealong the knowledge which surveyors acquire, wete western boundary of the said Province, until examined to show what a “northward” line it strike the river Ohio; and along the bank meant. Mr Saxe, the first surveyor put into of said river westward to the banks of the the witness-box, was asked by the Attorney Mississippi, and northward to the southern General, “Would a line running north from boundary of the territory granted to the the junction of the Ohio and Mississippi
rivers strike, in its passage to the Hudson's though not a north line." Then the Bay territories, the great lakes, and where Chief Justice ventured upon a remark which would it strike lake Superior? And where is obviously erroneous. “Then," he said, would it leave Fort William?” It will be “its course northward must unquestionably
? seen that these questions were not put in be due north, if a line north-westerly is a the language of the statute, the technical north-west line." M. Vallière de St. meaning of which a surveyor's knowledge Real having reminded his worship that the was required to explain. The Attorney witness had added, “but if it deviated so as General did not enquire into the effect of to gain a little north, it would then be drawing a "northward” but a “north" line. a due north line." The Chief Justice, When the witness had explained that a line, now growing warm, complained that comsupposing it to run due north from the junc- mon sense was being outraged; and he tion of the Ohio and Mississippi, would leave broke out in this fashion : "I want to know the river Winepeg five degrees out of Cana- whether in point of fact, a fact that any da, and had added with emphasis “not a man can tell as well as a surveyor,” (the fact northward line," as mentioned in the statute, of bringing a surveyor there negatived this "but a due north line," the Attorney-General, assumption) " whether a line from a western assuming an imperious tone, enquired : or eastern point of the compass, drawn “Do you mean to say that a northward line northward, is or is not a north line? Just is not due north, sir?” To which he receiv- answer that question," he insisted,“ ' yes ed for reply : “ It is not always ; it may be or no." But he only got for reply : “ It north by east, or north by west, or north certainly must be, to a certain extent, a west, or many other points of the compass. north line, but not a due north line.” A due north line is one that goes direct to Chief Justice Sewell, when he came to the north pole without any deviation what- charge the jury, assumed that a northward ever." The Attorney-General returning to line meant a due north line, and decided the charge, then asked : “And does not a that the western boundary of Canada is a northward line go to the north pole? If line drawn due north from the junction of you had a northward line to run, would you the Ohio and the Mississippi rivers, in latinot run it to the north pole ?” “ Perhaps I tude 37° 10' north, and longitude 83° 50' might, and perhaps not; it would certainly be northerly, though it might not run due north,” This line, if Mr. Sax be correct, would replied the undaunted witness. After several strike Lake Superior about three-quarters of more like questions and answers, Chief Jus- a degree east of Fort William. The questice Sewell came to the aid of the Attorney- tion of jurisdiction arose in this way. If the General. He really did not comprehend locality of the murder, a place between the the distinction ; " to say that a northward Dalles and Portage du Rat, which lies north line is not a north line" appeared to him of the north-west corner of the Lake of the absurd. “Suppose,” he said, “we had a Woods, were in Upper Canada, the trial compass here, and from a given point I must have taken place in that Province ; but draw a line north-westward, that is to say, if it were in the Indian territories, the trial terminating at a point north-westward, could, under the forty-third of George III. would not that be a due north-west line ?” take place in either Province. In deciding " It would,” the witness replied, “if drawn due north-west ; but if in advancing you * La limite Ouest du Haut Canada est une ligne gained northerly, it would from the course
tirée vrai Nord de la jonction des rivières Ohio et
Mississippi, dans la latitude de 37° 10' Nord, et la of its deviation be a northward line, 'longitude 88° 50' Ouest.
on the boundary line, the court was deciding I know, at the same time, that there have in favour of its own jurisdiction. But what been for nearly a century past, settlements we apprehend will be found to be the true in different parts of this tract, especially the boundary line of Canada, on this side, which southern parts of it, bounded by the Ohio and has become that of Ontario, rests upon the Mississippi; but with regard to that part, evidence not before the court, and is about there have been different tracts of French five degrees further west.
settlements established, as far as they are When this trial took place, the Parliament inhabited by any Indians. I take these setwhich passed the Quebec Act was known as tlements to have been altogether French; the unreported Parliament. Sir John Caven- so that the objections certainly want foundish, a member of the House of Commons, dation.” had taken notes of the debates on this Bill ; We have here the admission of the Attorand his manuscript has since been brought ney-General of the time, that the Quebec from its hiding place in the British Museum Act did not include the whole of Canada. and published. The extension of the boun- The proclamation of 1791, issued after the daries of Canada was frequently mentioned Act of that year was passed, embraces all the in the discussion. Sir Thomas Townsend, territory westward and southward of the Jr., afterwards Baron Sidney, assumed that southern limits of Hudson's Bay Territory, the French law was being extended to the “to the utmost extent of country commonly whole of Illinois. Lord North, replying to called or known by the name of Canada.” The the objection founded on the extent of the bounds of Canada are, even on this view of the country, said: “There are added, undoubt- question, not necessarily circumscribed to the edly, to it two countries which were not in limits traced in the Act of 1774; but if they the original limits of Canada, as settled by were, it would only remain to find some the proclamation of 1763 ; one on the Lab- point which the line must strike in its "northrador coast, the other the country westward ward” progress, near the boundary line of of the Ohio and the Mississippi, (sic) and a Hudson's Bay Territory, to remove any obfew scattered posts to the west.” There is scurity and doubt that hang over that deevidently an inaccuracy in the report of scription. Such a point, we shall afterwards Lord North's words. He could not have find stated in official language too plain to said west of the Mississippi ; for the words allow of dispute. of the Act would not have borne him out. The words “Canada” and “Province of There is no reason to question his accuracy, Quebec,” were sometimes used in official inwhen he added : “ "Upon my word, sir, I do struments without due discrimination. In not see this Bill extends further than the the commission of Nicholas Turner, Provost ancient limits of Canada." Attorney-Gen- Marshal, under the proclamation of 1763, eral Thurlow said :
the words “ Province of Canada” are used; “The House will remember that the whole while the words “ Province of Quebec" had of Canada, as we allowed it to extend, been used in that proclamation, as well as was not included in the Proclamation (of in the commission of General Murray, Cap1763,] that the bounds were not co-equal tain-General and Governor-in-chief, Sept. with it as it stood then, and that it is not 23, 1763. There was, however, a real disincluded in the present Act of Parliament, tinction between Canada and the Province if that were material. I have heard of Quebec; for the latter did not, under the a great deal of the commencement of Eng. Proclamation of 1763, extend westward belish settlements; but as far as I have read, yond Lake Nipissing. they all lie on the other side of the Ohio. The Quebec Act, owing to the despotic
principles to which it gave activity, of gov- At the same time, he may not have been erning the country by means of a Governor very exact in his description. When speakin Council without the intervention of a ing of all the country to the Mississippi beGeneral Assembly, combined with the Bos- | ing included, we have it on the authority of ton Charter Act, struck terror into the self- Lord North that the Quebec Act took in governing colonies of New England, whom some scattered settlements to the West. it inspired with the fear that their own fate Added to this, the language of Attorney might be read in the treatment accorded to General Thurlow seems to make it plain the Province of Quebec. Mazères, the first that the object of extending the limits of Solicitor-General of Canada after the con- the Province, beyond those to which it had quest, says then there ceased to be a British been restricted by the proclamation of 1763 party in the other English colonies, after the was to take in all the French settlements. passing of these two Acts; and in a dialo- Did a trading post constitute a settlement ? gue* between an Englishman and a French- Was there a settlement at Prairie du Chien? man, the Englishman reporting the prevalent Carver, who visited it in 1766, says: “This sentiments of these British colonists, as ex- town is the great mart where all the adjapressed to himself, gives it as the strongest cent tribes, and even those who inhabit of all causes of complaint that had annihilat- the remote branches of the Mississippi, ed the British party, gained over the Tories, annually assemble about the latter end of as the firm friends of England were called, May, bringing with them their furs to disthe extension of the Province of Quebec, on pose of to the traders.” Was this one of the west, to the Mississippi. This is the the settlements which it was the object of language in which the late Tories, who had the Quebec Act to include ? joined the opposition to England, are repre- The government of United Canada did sented as expressing themselves :
not restrict its authority to the limits con“And lastly, (which is a matter that con- tained in the judgment of 1818. It exercerns us more nearly than all the rest,) to cised numerous acts of authority west of enlarge the boundaries of the Province of those limits, including the laying out of Quebec, so as to take in the five great lakes townships and the sale of land. and all the immense and very fruitful country But we must seek for other evidence of contained between the Ohio and Mississippi, “the utmost extent of country (westward) and which lies at the back of our Provinces ; commonly called or known by the name with a view, as it should seem, that this new of Canada.” Those limits were laid and favourite mode of government, together down, agreed upon between the Governments with the Roman Catholic religion, (now also, of France and England, described in words to all appearance, become an object of favour and marked on a map, in the negotiations with Great Britain,)should prevail throughout for peace, 1761. In the French memorial all that vast country.”
of propositions, July 15, 1761, the King ofMr. Mazères' view of the extent of Can- fers to cede and guarantee Canada to the ada, under the Quebec Act, including “all King of England, "such as it has been and "the immense and very fruitful country be- in right ought to be possessed by France, "tween the Ohio and the Mississippi,”– without restriction and without the liberty and the great lakes-precludes the idea of of returning upon any pretence whatever, the western boundary being east of Fort against this cession and guarantee, and William.
without interrupting the Crown of Eng
land in the entire possession of Canada.” • Canadian Freeholder, Vol. 2., p. 337.
The French King stipulated for the free ex
ercise of the Roman Catholic religion by as specified in the memorial of propositions," his ancient subjects in Canada, their right and he goes on to insist on certain conditions to emigrate into French colonies, that the i on the article of religion and to claim cerlimits between Canada and Louisiana, and tain rights of fishery and harbourage ; those between Louisiana and Virginia, should and the negotiator adds: “The King has be clearly and firmly established, and for the in no part of his memorial of propositions continuance of certain rights of fishing on affirmed, that all that did not belong to the Banks of Newfoundland. This propo- Canada appertained to Louisiana ; it were sition was made, as lawyers say, without even difficult to conceive how such an asserprejudice; if it were not accepted or did tion could be advanced. France, on the not serve as a basis of negotiation, no ad- contrary, demands that the intermediate vantage was to be taken of it by England. nations between Canada and Louisiana The answer of the British Court, dated July shall be considered as neutral nations, in29, assured the King of France that: dependent of the sovereignty of the two
“ His Britannic Majesty will never recede crowns, and serve as a barrier between from the entire and total cession, on the them. If the English Minister would part of France, without any new limits, or have attended to the instructions of M. any exception whatever, of all Canada with Bussy on this subject, he would have seen its appurtenances; and His Majesty will that France agreed with England as to never relax, with regard to the full and com- this proposition." plete cession on the part of France, of the The answer of the British Minister to the Isle of Cape Breton, and of the other islands Ultimatum of France was delivered to M. in the gulf and river of St. Lawrence, with Bussy, the French Minister in England, on the right of fishing which is inseparably in the 16th August. The day before, Mr. Pitt cident to the possession of the aforesaid had written to that functionary, complaining coasts, and of the canals or straits which that France “arbitrarily continues to insist lead to them.
on objects in America which we have a right With respect to fixing the limits of to by the Uti possidetis, and which would Louisiana with regard to Canada, or the make a direct attempt on the essential rights English possessions situate on the Ohio, as of our conquests in Canada and its appuralso on the coast of Virginia, it never can tenances in the Gulf of St. Lawrence.' be allowed that whatever does not belong to This is a reference to a demand for the resCanada shall appertain to Louisiana, nor titution of Cape Breton or the Island of St. that the boundaries of the last Province John (Prince Edward). The British answer shall extend to Virginia, or to the British of the 16th brings out the fact, which has possessions on the borders of the Ohio; been so strangely lost sight of in all subse the nations and countries which lie interme- quent discussions of the question, that the diate, and which form the true barriers be- Marquis of Vaudreuil, when he surrendered tween the aforesaid provinces, not being the Province by capitulation to General proper, on any account, to be directly or by Amherst, traced the western boundary on a necessary consequence ceded to France, map, and this map was in possession of Mr. even admitting them to be included in the Stanley, the British Minister sent to Paris to limits of Louisiana.”
negotiate a peace: The ultimatum of France, in reply to that “ Article I. The King will not desert his of England, is dated August 5, 1761. In it claim to the entire and total cession of all
“1. The King consents to cede Canada Canada and its dependencies, without any to England in the most extensive manner limits or exceptions whatever, and likewise