OTTAWA, March 11th, 1872. Reference having been made to the undersigned of the Order in Council of the 28th November last, on the subject of applications for Mining Locations and Patents for Land in the neighbonrhood of Lake Shebandowan, and about the head of Lake Superior, and also of Despatch of the Lieutenant-Governor of Ontario on such Order in Council, he begs leave to report :— That the Lieutenant-Governor, in his Despatch of the 6th January, states as follows:-"In the meantime, I concur in the view expressed in the Minute of the Privy Council, that the boundary line in question should be ascertained and fixed with all possible speed; and to prevent unnecessary delay, would suggest that a draft of the instructions proposed to be given by the Government of the Dominion to the Commissioner appointed, be transmitted for the consideration of the Government of this Province at the earliest moment. The undersigned, with the view therefore of meeting the desire expressed by the Lieutenant-Governor, and after consultation with Surveyor General Dennis, begs leave to recommend that a copy of the draft instructions hereunto annexed be transmitted to the Government of Ontario. All which is respectfully submitted. (Signed) JOHN A. MACDONALD. Draft of instructions to be given to the Commissioner appointed to act on behalf of the Dominion of Canada, in the survey and location of the boundary line between the North-West Territories and the Province of Ontario, in conjunction with a Commissioner to be appointed by the Government of Ontario. 1. The Boundary in question is clearly identical with the limits of the Province of Quebec, according to the 14th Geo. 3rd, Cap. 83, known as the "Quebec Act," and is described in the said Act as follows, that is to say:-Having set forth the westerly portion of the southern boundary of the Province, as extending along the River Ohio "Westward to the Banks of the Mississippi," the description continues from thence, (i.e., the junction of the two rivers), "and northward to the southern boundary of the territory granted to the Merchants Adventurers of England trading to Iudson's Bay." 66 Having determined the precise longitude west of Greenland of the extreme point of land marking the junction of the north and east banks respectively of the said rivers; You will proceed to ascertain and define the corresponding point of longitude or the intersection of the meridian passing through the said junction with the international boundary between Canada and the United States. Looking however at the tracing enclosed marked A, intended to illustrate these instructions, it is evident that sucli meridian would intersect the international boundary in Lake Superior. Presuming this to be the case, you will determine and locate the said meridian, the same being the westerly portion of the boundary in question, at such point on the northerly shore of the said lake, as may be nearest to the said international boundary, and from thence survey a line due south to deep water, marking the same upon and across any and all points or islands which may intervene, and from the point on the main shore found as aforesaid draw and mark a line due north to the southern boundary of the Hudson's Bay Territory before mentioned. This will complete the survey of the westerly boundary line sought to be established. You will then proceed to trace out, survey, and mark eastwardly, the afore-mentioned "southern boundary of the territory granted to the Merchants' Adventurers of England "trading to Hudson's Bay." This is well understood to be the height of land dividing the waters which flow into Hudson's Bay from those emptyiug into the Valley of the Great Lakes, and forming the northern boundary of Ontario, and the same is to be traced and surveyed, following its various winding till you arrive at the angle therein between the Provinces of Ontario and Quebec, as the latter is bounded; having accomplished which the service will have been completed. Your requisition for such assistance, scientific and otherwise, as may be necessary to enable you to determine the necessary longitude with precision, and to effect the practical surveying operations in the field, and for such instruments as may be required, will receive due consideration. Further instructions relating to the character of the boundary marks to be erected, conveying other information which you will probably require, will be duly sent you. GOVERNMENT HOUSE, TORONTO, 19th March, 1872. SIR, I have the honor to acknowledge the receipt of your despatches of the 14th and 15th instant, enclosing tracings with reference to the boundary line between this Province and the North-West Territories, and to return herewith as requested, the tracing enclosed in your former despatch. SIR, With reference to your despatch, dated 14th instant, relating to the location of the boundary line between the Province of Ontario and the North-West Territories, I have the honor to transmit herewith a copy of an Order in Council approved on the 25th instant, having regard to that matter. I have at the same time to intimate that the Commissioner appointed on behalf of my Government has been instructed to abstain from any further action under his commission. Copy of an Order in Council approved by His Excellency the Lieutenant Governor, the 25th day of March, A.D., 1872. The Committee of Council have had under consideration the despatch dated 14th March instant, from the Secretary of State for the Provinces, to Your Excellency, together with the instructions transmitted therewith, and the report of the President of the Council, dated 22nd March instant, in reference thereto. The Committe advise that the Government of Canada be informed that the Province of Ontario claims that the boundary line is very different from the one defined by the said instructions, and cannot consent to the prosecution of the commission for the purpse. of marking on the ground the line so defined, and that the Commissioner appointed by the Government of Ontario should be instructed to adstain from taking any further action under his commission. OFFICE OF THE SECRETARY OF STATE FOR THE PROVINCES, OTTAWA, 5th April, 1872. SIR, I have the honor to acknowledge the receipt of your Despatch, No. 444, of the No. 1159. 26th Ultimo, covering a certified copy of a minute of your Executive Council passed on that day, on the subject of the location of the boundary line between the Province of Ontario and the North West Territories, and at the same time intimating that the commission appointed by your Government to act on their behalf in fixing the said boundary, has bean instructed to abstain from any further action under his commission, I have, &c., (Signed) JOSEPH HOWE, Secretary of State for the Provinces. The Honorable W. P. Howland, C.B., Lieut.-Governor, Toronto. (No. 244.) OFFICE OF THE SECRETARY OF STATE FOR THE PROVINCES, OTTAWA, 10th April, 1872. SIR, I have the honor to transmit for the consideration of your Government, a No. 1159. certified copy of an order of His Excellency the Governor General in 9th April, 1872. Council, on your despatch of the 26th ultimo, on the subject of the location of the boundary line between the Province of Ontario and the North West Territories. Permit me to call your attention to the concluding paragraph of the Order in Council, and for the reason therein set forth, to invite your government to communicate their opinion on the subject discussed in the order, together with a description of the boundary line which they would suggest as the correct one. I have, &c., (Signed) JOSEPH HOWE, Secretary of State for the Provinces. The Honorable W. P. Howland, C.B. Lieut.-Governor, Toronto. Copy of a Report of a Committee of the Honorable the Privy Council, approved by His Excellency the Governor General in Council on the 9th April, 1872. To the Honorable The Secretary of State for the Provinces, &c. &c. On the Despatch of the Lieutenant Governor of Ontario, dated 26th March last, on the subject of the location of the boundary line between the Province of Ontario and the North West Territories, the Committee of the Privy Council beg leave to report : That in a Despatch from the Secretary of State for the Provinces to the Lieutenant Governor of Ontario, dated 30th November last, based upon a Minute of Council of the 28th November, it was suggested to the Government of Ontario that it was of great consequence that the ascertaining and fixing on the ground of the boundary line in question, should be as far as possible expedited. That the Lieutenant-Governor in his Despatch of the 6th of January last, expressed his concurrence in the necessity for immediate action, and to prevent unnecessary delay suggested that a draft of the instructions proposed to be given to the Commissioner appointed on behalf of the Dominion to locate the line, should be transmitted for the consideration of the Government of Ontario, at the earliest moment. That with the view of meeting the desire so expressed, a draft of the instructions was transmitted to the Lieutenant-Governor by Despatch, dated the 14th of March last, and That the Lieutenant-Governor in reply, transmitted with the Despatch of the 26th of March, now under consideration, an Order of his Executive Council to the following effect: "The Committee advise that the Government of Canada be informed that the Province of Ontario claims that the boundary line is very different from the one defined by the said instructions, and cannot consent to the prosecution of the Commission for the purpose of marking on the ground the line so defined, and that the Commissioner appointed by the Government of Ontario should be instructed to abstain from taking any further action under his Commission." The Committee of the Privy Council regret that the Government of Ontario, while expressing their difference of opinion from that of the Dominion, omitted to give their own views on the subject, and they did not state what their claim as to the location of the boundary line was. As it is of the greatest consequence to the peace and well being of the country in the vicinity of the dividing line, that no questions as to jurisdiction, or the means of prevention or punishment of crime should arise or be allowed to continue, the Committee recommend that the Government of Ontario be invited to communicate their opinion on the subject to Your Excellency, together with a description of the boundary line which they would suggest as the correct one. Should it be found, after an interchange of opinions, that the two Governments cannot agree as to the location of the line, the Committee do not doubt that both Governments will feel it their duty to settle without delay upon some proper mode of determining in an authoritative manner, the true position of such boundary. SIR, Adverting to the correspondence that has taken place with reference to the settlement of the boundary line between the Province of Ontario and the North West Territories, I have now the honor to transmit a copy of an Order in Council approved this day, having regard to that question, and to invite the attention of the Dominion Government thereto. Copy of an Order in Council approved by His Excellency the Lieutenant Governor the nineteenth day of April, A.D., 1872. The Committee of Council have had under consideration the despatch from the Secretary of State for the Provinces of the 10th inst., on the subject of the Boundary line of Ontario and the Copy of an approved Minute of the Privy Council of Canada enclosed. In this minute the Privy Council regrets "That the Government of Ontario, while expressing their difference of opinion from that of the Dominion, omitted to give their own views on the subject, and did not state what their claim as to the location of the Boundary was." The Committee would observe that the despatch on which their Minute was founded did not contain any invitation to the Government of Ontario to express its views or state its claim. The Government of Ontario is now invited to do so, and the Committee advise that the Government of Canada should be informed that this Government proposes the boundary contained in the annexed description. The Committee further advise that the Government of Canada should be informed that as to the Western limit in the opinion of this Government there are grounds for maintaining the contention of former Governments of Canada, that the limit of Ontario is further West than the one proposed in the description, and that while this Government is prepared in view of all the circumstances to agree to the Western limit so proposed in case the same is accepted by the Government of Canada, this Government does not consider itself bound by the proposal in any other event. As to the Northern limit it will be observed from the description that this Government maintains the position which is supported by the contentions of all former Governments, and by the indisputable facts that the Northern boundary lies North of the watershed of the St. Lawrence system, the line of which watershed is the Northern boundary laid down by the Government of Canada, and the Committee advise that the Government of Canada should be informed that in view of all the circumstances this Government will be prepared in case its position as to the Northern boundary is agreed to by the Government of Canada, to consider any proposal which may be made by that Government for the establishment of a conventional limit to the North of that watershed Proposed Descriptio referred to in the annexed Minute of Council. The boundary line of Ontario is the international boundary from the mouth of the Pigeon River, on Lake Superior to a point West of the Lake of the Woods, where the International boundary line would be intersected by a line drawn North from the source of Mississippi River, thence the boundary line of Ontario runs North to the point of intersection of the Southern boundaries of the Hudson's Bay Territories, thence the boundary line of Ontario is the Southern boundary of those territories to the point where that boundary would be intersected by a line drawn North from the Head of Lake Temiscaming. No. 273. OFFICE OF THF SECRETARY OF STATE FOR THE PROVINCES. SIR,-I have the lonor to acknowledge the receipt of your despatch of the 19th |