Ontario Community Newspapers

Ontario Scrapbook Hansard, 1 Feb 1886, p. 1

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QNTAR!O LECT Hon. C. F,. FRASFR--TAon't intend to de-- tain the House more than a few minutes. I do not propose to follow the hon. gentleman through much that he has discussed, but he makes some observations which call for :ome little comment. _ He discussed the Boundary Question, and gave us a little further intelligence on it, and a little bit of history of secret diplomacy on the License question. . Both of the positions on these questions we on this side of the House chal-- lenge. He claims that on both of these anes-- tions they took a most manly course. Very manly indeed ! It was only manly in this, so Mr, MORRIS said that his opinion was that there was an Indian title subordinate to the conquering power, and that this title had never been divested in any of the British Colonies or in the United States. After dealing with the Indian question at some length, Mr. Morris said :--" My conclusion is that the Crown as the dominant power has the right to the land, subject to the ocen-- pancy of the Indiaun. So soon as it was set-- tled by the Award that the land formed part of Ontario, I hold that under the Dominion Act these lands were definitely declared to be the property of Ontario--(hear, hear)--but that they were lands subject to the extine-- tion of the right of occupaney by the Crown." He said that the suit now before the Conrts would not settle the question, and urged that a special case be agreed upon, and sent to the Privy Council at once for decision, (Applause.) _ _ _ NEW MEMBER. Mr, Charles Drury, M.PP. for Rast Sim-- sas, was introduced by Hon, T. B. Pardee and Mr. Gibson, of Huron. DEBATE ON THE ADDRESS. Mr. MORRIS referred first to the question of the Indian lands, and the timber and mines connected therewith, He did not think it was right that charges of trea-- son should be flung across the fiouse. He did not like to be called a pirate or a traitor. Members should respect each other's honest convictions. -- He did not believe all was right in his _ party--(hear, hear, and laugh-- ter)--and he (did not think that gentle-- men opposite should arrogate to them-- selves all the virtue in the country. lle congratulated the Ontario Board of Mealth on the excellent work they had done, under the efficiont legislation unanimously passed last session in staying the s;iroad of smallpox during the past year. He was reaily to give the Government every credit for the means which, with the assistance of the Opposition,they had provided for the pre-- servation of the public health. He dwelt at some length with the question, giving she -- Provincial -- Treastiirer great _ credit for _ his excellent business _ qualities rnd fitness for the position, and congratulated the CGovernment for deciding to alopt an independent audit. He attempt-- ed to justify the conrse of the Opposition with respect to the Boundary Question by stating tgm.t they sunported the Government as long as the Parliament of Canada had not declined to abide by the Award, and after-- wards had taken the same view as the Do-- minion authorities, 'The Opposition, he said, had atlways been of the opinion that the licensing authority ought to be with the Pro-- 'ince, and as a sample of their desire to bring about peace he instanced Mr. Mere-- dith's journey to Ottawa. Hon. Mr. MOWAT--I spoke of the legal title, I have no doubt they had a strong moral claim. -- And,moreover, I refer to those lands regarding which there is no treaty. Where there is a treaty or any agreement I do not say there is no title. Mr. MORRIS--Where lands have been laid out for Indians I presume my hon. friend wonld admit their title ? THE INDIAN TITLE. As to the late dispnuted territory, he under-- stood his hon. friend (Mr. Mowat) took the position that the Indians had no title in those territories in which they had roamed for centuries. Hon,. Mr. MOWAT--The question has never been before the courts, but my impres-- sion is that where lands have beon reserved (I do not refer to the general proclamation of 1763), the courts would recognize a right on those lands other than the moral title, The Speaker o'clock,. Fifth Parliament ------ Third Session. Moxoay, February 1. (By Our Own Reporters.) took the chair at three LATURE There was the legal question, whether the Award was binding as to the manner in which it was made. -- I have defied them to show that the Award was binding with-- out -- something _ else being done. No one has ever argued,.as a mere matter of law, that the Award was binding before the courts, Mr. MEREDITH----The validity of the Award was the first uestion. Hon. C. ®, FRASE?I--VVe wanted to #o to the Privy Council, holding to the validity of the Award, because the hon. gentleman's leader would have been justified in asking us * Why don't you go to the Privy Council 7» has been Jnust as we always said it would be, namely, that the Dominion -- would not settle if _ they _ could avoid _ it. And _ as J)rouf of this, and to place it _ beyon question, there _ is -- the fact that up to this day, notwithstanding despatch after despatch had hbeen sent, the Dominion Governmen: have not consented to a reference of their portion of the dispute, The hon, gentleman professes to think that the Premier is not entitled to credit tor tha course ho has taken, Bbut in this he assumes too much. 'There was vastly more than the mere question of It has been just as we i I wys C Ceyic, 09 NeR -- PZOPOEU ~ EEILE reference to the Privy Council, (Appla I don't deny to them every credit for prompt way in which they came forward neF')LiaLed for a quiet setilement of the C culity, But what has been the case with THE DISPUTE BETWERN Us AxD THR MINXION ? DUTY, THEREFORE, WAS PLAIX, .amely, to insist with all the power we had that the Award should be confirmed. We knew right well that if we kept out of the territory | and took no "steps to assert _ the right of jurisdiction, an-- other 12,14, or 15 years would have gone by without any settlement being reached. But, no thanks to Sir John Macdonald or hon. gentlemen opposite, the question came to be settled because Manitoba was brought into the dispute. We took such action and such a course with regard to the jurisdiction of the territory that we compelled--(applause) ----Manitoba to agree to a settlement. Does anybody dream that if we had not asserted our jurisdiction, and if we had not asserted our laws in _ the _ disputed territory, Manitoba would have consented to go to the_ Privy . Council t (Cries of No, no.) It was quite time when we found a neighbouring Province exercising jurisdic-- tion within our territory ; nay it was our bounden duty to assert our authority there, If we had not done so Manitoba would have said we had consented to her Jurisdiction, They could have said, "Our laws are being administeredthcrc-~wvhawnodisputcA-whut object have we in going to the Privy Coun-- cil ? We cannot get more than we have now after it is settled, and we may get less." But Sir John Macdonald out witted himself, It became too hot for Manitoba in ths disputed tertritory. Manitoba had only limited imeans, and could not keep up the ex-- peoses needed, and so was forced into the reference to the Privy Council. (Applause.) I don't deny to them every credit for the nramnt wraaw In askiln i1 0 1 Mr. MORRIS--It is a good thing it went to the Privy Council. Hon. C. F. FRASER--It is a good thing. But I venture to say that if the Dominion Government had maintained power over the whole matter it would not have gone to the Privy Council when it did, nor wou!d it have gone by now. As the matter now stands they have not gone to the Privy Council with their portion of the dispute. There is little doubt that the very state of affairs in which the matter was would have been continued, namely, procrastin-- ation and delay and pretence. (Applause.) Their intention was to put it off first with one scheme and then with another scheme, all with the desire of keeping the matter in suspense. Our that I will have no chance of getting back, it is a moral certainty that if T don't get back you will not get back. I don't propose to recede but you shall turn around. You shall, I say, make a demand that this Award shall not be confirmed." far as I know, for two long years they stood with the Government on the Boundary Question insisting that the Award should be ratified, and, as he says now, they for the irst time voted against the Government when the Parliament of Canada refused to ablide by it, but as we say it was only after a eertain conveation of the Consorvat{ye nn(" had been held that they announced any Y ferent views. At all events nobody ever heard, either in this House or out in the country, one single lisp against the Award until that convention was called. (Applause.) When he called his convention, "Old To-- morrow," as he has been named by the Indians, very likely spoke out something ike this :--Now, you gentlemen of the Local House who profess to call yourselves Con-- servatives, just understand, give in and sup-- port me. THE AwaArp COoNCERxED. _ the legal question, whether the is binding as to the manner in raslmade. I have defied them to 0h se e cedol s LOme IT MAY BE POSSIBLE ey came forward and :tllc:_xwut of the diffi--

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