The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 27 Jan 1882, p. 3

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s . ht fhe oo re ow 8 k C ',""" * rerre--tiigh coval <p4 ApRene yA ~AamRme * !*, es as. .-- 7x \.-'?f?-i"é, N3 C MR h: * :' % e o _ . es f»> 4 % servative Minister,. Sit John himscil. Let me re-- | West. south of . tho height of 'lamil. which in a® 9t f fer to page 191 of the return made:--upon the subject nobody ever denied belonged io Canada until §21 _ M $ in 1'37'}. where wo will see t!mf legislation of this e, after Confederation -- seven thousand square uio C { )C kind was under the consideration of Sir John, and miles of territory settled by our © «yn people, or-- we will see the way in which he treated it. He gu.nlizcd under our own laws, their mtmim'palme.;, P K' there refers to an Act passed in the interest of courts, and magistrates, acting under Ontario, f \ several municipalities along the line of the Grand holding their titles to thc\'r land u:u'lm' the opinion t Junction Railway, and he also refers to the Act that it is part of Upper Canadi, who always re-- t relative _ to road _ allowances. Raespecting garded themseives, and were regarded by evey-- the latter _ he says __'"'a vetition has body, by. the Dominion (Giovernment, by, the old been received from the Mumicipal Council of Province of Canada, and by the present Province $ Frontenac, praying for the disallowance of this of Ontario as part of our territory, It was in-- 3 -- Act, but as it is clearly within the competence of credible that the Dominion authoritiqs, whex} the Local Legislature the undersigned recom-- passing a law on the subiject, actually passed a | mends that it be left to its operation." This was la w Ll':'lllflf"!'l'i": --as far as Lhn"_\; (5')l.llll [['.'\'lil(tl'w.-t(: ! an Act by which the municipalities were deprived Manitoba 7,00) s qunre miles of tevritory hplon'.::'l'm | of the richt to timber on road allowances, which to Ontario. (Loud cheers.) _ We had spent l"-_;fe * ¢ they contended they were entitled to. _A petition sums of money there, and were spending large § had been sent from the Council of Frontenac I sums thore every year. and aill this was 4 g'-}r'- praying for its disallowance, but isir John recom-- ' disregarded, _ whilo _ they throw -- their ~hun-- | / 4 meaded that it be left to its operation. Now,in all I | dreds o/ thousands of -- square miles in | s the Acts that have been passed by the Provinces ! other _ cirections. Evren Judge _ amsay, | l o uo of a retroactive kind we do not iind until the pre-- | while he discussed our legat rights and held that, | V uc rmald sent Act was passed that there was any objection strictly sponking, wae wore not entitled to this | 4 that would justify disallowance. Now then, territory. held that as a matiter of common fairness | M it is perfectly plain and beyond controversy l&g:u to Ontario she should have this territory. 1';,{x;1 C there is a new doparture upou this subject, so far we have their own counsel pointing out tliat l.u'r- ' K as the report of ths Minister ot Justiecs was ness and equity required that this territory should a io founded on the Act being retroactive. 'Then the be ours. -- But the Dominion authorities begrudged »{'fi'}' other q'l.'sslion was as to the matter 5)! compensa-- us these 7,00) square miles to which we were en-- , f\o tion. 'Thero aro strong words used in the report titled, not only begrudged us that land but 1):1'<S(;t1 *k' with reference to it, We all know that in the a measure gigny it, as far as they could give it, | | 39 public interests it is a recognized spirit of t.hc to Manitoba. (Applause). It seems to me a dis-- h legislature in every country that private i""""?"y graceful thing on the part of the Dominion autho-- may properly be taken for public usos, and com-- rities that they should trade upon technicalities in f pensation given,. So that the question 13 "'_'L this groat question. -- But the technicalities are all M whether it was proper--and my hon. friends have in our favour and the arbitrators decided that not protended to argue that the question was they wers, and my hon. friend thinks so too. whother it was propar--to take possession of those (Loud applause). 'Whey have themselves set their improvements for floating timber down these hggids to the declaration that they think so too. stroame. for public nses, but they have placed the Itis an indecent thing that the Dominion authori-- whole strength of their objection u:n\.n.lho allega-- ties should refuse to jave us this territory, even if j tion that the compensation was insuflicient. there was a question about it, (Mear, hear.) I ' Mr. MEREDITH--It was illusory. | have said that Judge Ramsay pointed out the fair-- * \ir. MOW AT--If my houn. friend chooses to use . | ness of giving Oatario this territory, and we have \ j that word ho may do so. I suppose my hon.friend | Mso no less eminent an authority than the late does not mean to say that there must be a large | Chiel Justice Uraper, one of the imost eminent of diTerence between the right which is taken away | our indges, who had communicated in a report to and the compensation which is given to justify | the 'Zu\'v:'xlnznvm that we had a clear tit e to terri-- f disasllowance. I suppose he is using that word in l tory even far beyond the Lake ot the Woods, and I 4 the sense in which it is used in our law books, | they themselves had insisted on the same thing in h where the sense is that the compenshtion is so | public documents, (Applause.) In that famous y small that it is either nothing at all, or | | ("«):n'!li!?(nanflixl-. House of Comimons, appointed f that it is a preteace, or, in other words, ! ! for the purpose of trying whether some pretence illusory. But in the case of the Road Allowance | | could be found for not carrying out the Act the compensation there would have been l award, Jud:e Ramsay, who was brought in many cases a mere fraction of the value of the | there to do all the harm that ho could, timber, and no doubt the petition from the munt-- | frankly confessed that the boundary line was not cipaiity stated that fact to the Minister of Justice, I where the D nni_uim, claimed it was, but that thougzh he was not influenced by it. Hoe consid--| Ontario was entitled to all that wo now claim. ered that the matter of legislating on such a ques-- J My hon. friend adimits that, and yet his frieads tion was not that with which he had anything to * | will nct give it to us. I cannot acconnt for it ex-- do. My hon. friend chooses to use strong language | cept that thereis alittle hostility somew 'a ainst with reference to the compensation provided this Province as a Province. Is it on the pa of here. What we have done is to give the owner of Upper Canadian Ministers in the Government? the improvements a fair chanse in the way of Have they this r:i:'."-:-A feelinx to n~'!_ Ef not, then compensation for the use of his improvements by they are bowing their necks to this hostility in those who may wish to use them. We do not others. -- Their conduct is truly inexplicable igir | take away the improvements from the owner. is hostility somewhere, and those who o t to They still remain his. lie has the ownership, stand up for Ontario are not doing so. (Cheers.) but he has not the exclusive right to uso We know how they can get Parliament to 'tion R them, and he is to receive fair compensation their throwing away many millions, and y 10y | for theig use, taking 'gto account the vaine of the 2.:1\:1- not the power to get justice done to ( vio. improvements. Now imy hon. friends are surely which they always claimed to. be ho? and not absurd enough to say that there can be any which impartial arbitrators have found to be doubt as to the possibility of sulfiicient compensa-- hers. _The resolution which my hon. friend has ' tion being given. 'There is no other way by which moved seems to sugzgest that it is our duty now to < y3 the question could be settled wirhout deliberately accont an arbitration referring the whole matter | "a placing the power in the hands of one man and to Lord Cairns or hLord Selborne. The resolution )* excludinzx those above h mg from the use of the has no meaning unless that is the meaning stream. _ The Mcharen case was the first inst ince 0 it. The more that proposition is con-- * 9 | in which selfishness had been shown, and as there sidered the more absurd it will appear, | 3 wore hundreds of streams in the country simi-- however, to the psople of Upper Canada. | § ' larly situated, it bocamse imperative to deal with It is doubtful whetheor either gentleman would i W the matter at one and prevent other cases of accepnt the duty ; nobody has aseertained that they ¥ | hardship that would undoubtedly ariss as soon would accept it; I have not been told that they as the letter of the law became known. would accept it, Neither of them may be expected } With reference to the bowndary, I will not enter to come out while Parliament is sitting. which it ' 3 { into any argumenat further than what has been is during the greater part of the year. Lord Sel-- f given for the purpose of showing tha«. our rights borne is in very poor health, and it is doubtful I | j have been interfered with. 'That that territory whether hecould be induced immediatety to under-- | -- was Ontario's is so manifest that it is practically take a work of this kimd. Then there is no reason P absurd that it should need any argument what to believe that the decision woul!d be an immediate OJ ' f ever. The territory that is in dispute, and our one if we were to determine upon legviag the i rights which are withheld from us, has been matter to a second arbitration--to one or other of 4 | stated to comprise about 109,000 square miles, these individuals as proposed. We are asked [ W hy is it that our rizhts in that territory are so per-- now to have a new arbitration. and the decision sistently withheld from us : 1 would like to know of those in whom we have confidence we are , I some reason, some real reason. That the people asked to throw to the winds, and to refer the ' | of Ontario want that territory it would be idle to matter__to arbitrators chosen by the other ' 1 | | deny. Hon. gentlemen opposite have during two side. More than that the Lord Chancelior | 19 | sessions testiiied how strongly they felt, and how in discharging tho judicial dutics that appertain { . || strongly the people that they represented folt. to his office, is always subject to appeal. _ HMe can | I There can be no doubt that Ontario does want not decide a matter involving one foot of land that | R $ that territory, and why is it withheld ? It is said, is not subject to appeal. HMis decision would not } | l because it will make Ontario too power be arrived at at an carly day, and without an ' ~18 i | ful. Mow | is it that the Maritime Pro-- enormous expense, much greater than if we had ~Alp : ' vinces--if it is they who -- _are jealous, to refer it to the Privy Council. A reference to S §#2¢ ! were quite willing that British Columbia should the Privy Council has not been proposed to us as BR . | come in with 359,000 square nnl'.-\;. not afraid of yet. Itis true Ministers have expressed opinions * | Quebec, with 200,010 square miles? not afraid of in favour of that mode of settlement, but a refor-- l Keewatin, with 250,000 square miles. How is it ence to the Privy Council can not be had without | that they have agreed in so I'\Y\'li!l!!l..','.fllll" bound consent as to the facts, and the material upon + -- | aries of Manito )a that it h:\:v\vn without this which they would decide the question. I have l M l territory l--.'nh'hlt'x'.x ly over 109,000 s 11!'11'\')nnh-~».' been much more concerned, as well as my col-- | And then the |';)!l|;m'm Government has 2.00 0 )) leagues. that we should have provisional arranze-- - ; } more square "".l.'.' out of which to 'lgz-:nl"xl'-'.v Pro-- | monts than,to have the time of settiement, for in | ?-. yvinces, or to mak« .~u.l,!: ions to the other Provinces. the meantim> the country is suifering,. and 6 What is the meaning of the 1 minion Govern-- we are suifering, (Mr. Mowat then read extracts | f ment I .gz it to n'"}; -.!):l!::;'nlluj. imallest of the from the reports of magistrates in the locality, | f great Provinces? (Cheers.) What means this | which. he said. wore of the same tenor as other f resolution of their +, l»yh.\':m'l azains law, by reports from the locality, It showed that ex-- r moans fair and foul, to reduce 1") itario |.|':ml n'l plorers and miners had sulfered great loss on ac-- | becomes t-h:: 3m illest «.nl :}h the ;:n"!" Prov nn:m ? count of the territorial dispute. some of them | ¢Cheers.) 'They '.'f'l th-'u\\ a wiry '.':u'\;uv-xAs of thou-- having expended all their money in surveys in ex-- . sandsof square llik'.l':"li.lf e ot la"-; 'l| . '.»:. _lll!':'Ntilrll('l l.l.".'\I poctation of an early settlement; clear titles could y refuse to give '\'; tl-:l:;".\'. iat is Nor Jus _'llk"i'l'.-'\" | F not be got to land, and there was no registry l defy awards and eat their own past words. (HMour, | office ; several places had been surveyed several [4 i) hear.) 'They have a nolicy opposed to w.at they | tiincs, the surveys covrering cach other, the magis-- i B pressed upon :!;. n lll< m '.'(f;')\vrfl'"\r"'ll -In'x.v'. ::.'{l:l ::'(M trates having no doubt that there would be fighting } \ deprive us mll:n J itor l menntiamw 'f This l"-~ and perhaps murder over the disputes about the | titled. (Cheers ), nat is the meaning o is de surveys; and whiskey sellers were plying their 1| i ' A termined injustice to Ontario ? Does not the Do-- illicit calliny with great suceoss.) | | | 4 minion owe the greater part of its prestige to Mr. MEREDOTD . . C h is ds 4 k lg " $V Oatario. (Applause.) Is not Ontario the great k .'IL')\L\""l'l H,T.'\: 1at was the date of that ? || ; 4 taxpayer--the Province thit puts more money into ho 'Ai" V ».? ,71, revious to last session. (Hear, e a}"~ the Treasury than she ta«es out of it i (.\m)!a.um-.b miluki.r)n (ll( communic l'!l'.):h' were sent to the Do-- | A W hy the t"!ii;'ll!l'\'. the obstacle that \'L.ll'l(lw' in the : ed to in l:\ Cllill'l'tzll, but those groat C\fllfl appoar | «l way ? Not only are we denied our territory that 5C rl' ,l('"(:f"fgi""" upon them, We hope, how-- C has been awarded to us, that eminent men have oo "('\""V"l upon the Dominion Government %/ is . d declared beiongs to us, but they have taken away eVlis :)\ tdl-'x'Aln.);,:ngn{'.m..; that will remove these : A from us, as far as they can doso, territory in the '¥1!3, or at lcast ninimizeo them. They seem not ad g > d a & 4 (a < m i omang

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