And whereas, it was provided in and by the said Acts that such arbitrators or any two of them should have power to make one or more awards, and to do so from time to time; And whereas, certain questions relative to a claim made by the Dominion of Canada against the Province of Ontario in respect of certain coupons on bonds issued by the City of Hamilton, as mentioned in the statement of claim and answer thereto filed herein, have been submitted to such arbitrators, and they have heard the parties thereto, and also what was alleged in respect thereof by the counsel for the Province of Quebec ; Now, therefore, the said arbitrators, exercising their authority to make a separate award at this time respecting the said matter, do award, order and adjudge in and upon the premises as follows, that is to say : That the Dominion of Canada do, in respect of such claim, recover against the Province of Ontario the sum of sixteen thousand seven hundred and eighty-one dollars and thirty-five cents ($16,781.35), and that the said amount be charged against the Province of Ontario and credited to the Dominion of Canada in the Province of Ontario account, as of the thirtyfirst of December, one thousand eight hundred and ninety-two. In witness whereof, we, the said John Alexander Boyd, Sir Louis Napoleon Casault and George Wheelock Burbidge, have hereunto set our hands and seals this twenty-sixth day of March, A.D., 1895. J. A. BOYD, L. N. CASAULT, GEO. W. BURBIDGE, (Witness). L. A. AUDETTE. 470. 5TH AWARD-13TH NOVEMBER, 1895. To all to whom these presents shall come : The Honourable John Alexander Boyd, of the City of Toronto, and Province of Ontario, Chancellor of the said province, the Honourable Sir Louis Napoleon Casault, of the City of Quebec, in the Province of Quebec, Chief Justice of the Superior Court of the said Province of Quebec, and the Honourable George Wheelock Burbidge, of the City of Ottawa, in the said Province of Ontario, Judge of the Exchequer Court of Canada, Send greeting: Whereas, it was in and by the Act of Parliament of Canada, 54-55 Vic., Chap. 6, and in and by an Act of the Legislative Assembly of Ontario, 54 Vic., Chap. 2, and in and by an Act of the Legislature of Quebec, 54 Vic., Chap. 4, among other things provided that for the final and conclusive determination of certain questions and accounts which had arisen or which might arise in the settlement of accounts between the Dominion of Canada and the Provinces of Ontario and Quebec, both conjointly and severally, and between the two provinces, concerning which no agreement had theretofore been arrived at, the Governor General in Council might unite with the governments of the Provinces of Ontario and Quebec in the appointment of three arbitrators, being judges, to whom should be referred such questions as the Governor General and Lieutenant-Governors of the said Provinces should agree to submit ; And whereas, we, the undersigned, John Alexander Boyd, Sir Louis Napoleon Casault, and George Wheelock Burbidge have been duly appointed under the said Acts, and have taken upon ourselves the burdens thereof; And whereas, it was provided in and by the said Acts that such arbitrators or any two of them should have power to make one or more awards, and to do so from time to time; And whereas, certain questions relative to certain claims have been submitted to such arbitrators, that is to say: (First.) The claim made by the Dominion of Canada against the Provinces of Ontario and Quebec, in respect of the alleged liability of the Province of Canada to the Mississagua Indians of the Credit. (Second.) A counter-claim by the Province of Ontario against the Dominion of Canada, for the sum of five thousand five hundred and eighty-two dollars and thirty-six cents ($5,582.36), charged by the Dominion of Canada against the Widows' Pensions and Uncommuted Stipends Fund, and credited to the Mississagua Indians of the Credit aforesaid. (Thirdly.) A claim made by the Dominion of Canada against the Provinces of Ontario and Quebec on behalf of the Deleware Indians; And whereas, the said claims have been proceeded with before the said arbitrators, and they have heard the parties thereto, and what has been alleged on their behalf by counsel; Now, therefore, the said arbitrators, exercising their authority to make a separate award at this time respecting the said matters, do award, order and adjudge in and upon the premises as follows, that is to say (Firstly.) That the claim made by the Dominion of Canada against the Provinces of Ontario and Quebec, in respect of the alleged liability of the Province of Canada to the Mississagua Indians of the Credit, be, and the same is hereby dismissed. (Secondly.) That in respect of the counter-claim made by the Province of Ontario against the Dominion of Canada for the sum of five thousand five hundred and eighty-two dollars and thirty-six cents ($5,582.36), charged by the Dominion of Canada against the Widows' Pensions and Uncommuted Stipends Fund, and credited to the Mississagua Indians of the Credit aforesaid, that the said Province of Ontario is entitled to be credited as of the first of January one thousand eight hundred and sixty-nine, or such other date as may be agreed upon, with the amount of two thousand four hundred dollars and eighty-six cents ($2,400.86) charged to the Widows' Pensions and Uncommuted Stipends Fund, in respect of the Crown Reserves; the arbitrators being of opinion and finding that the charges against that fund in respect of the Clergy Reserves have been rightfully and properly made. (Thirdly.) That the claim of the Dominion against the Provinces of Ontario and Quebec on behalf of the Deleware Indians, be, and the same is hereby dismissed. In witness whereof, we, the said John Alexander Boyd, Sir Louis Napoleon Casault, and George Wheelock Burbidge have hereunto set our hands and seals this thirteenth day of November, A.D., 1895. Witness. A. AUDETTE. J. A. BOYD, L. N. CASAULT, BOUNDARY LINE BETWEEN CANADA AND THE UNITED STATES. 471. Mr. W. F. King, Chief Astronomer of the Canadian Department of the Interior, and Dr. T. C. Mendenhall, Commissioner for the United States, have been engaged for two years in surveying the territory adjacent to the boundary line between British Columbia and Alaska. The Canadian commissioner reports that as a result of the three seasons' work the whole coast line from Behm's Canal to Cape Fairweather has been covered by a connected photo-topographical survey. He states that but little further work is required in order to obtain all necessary information with regard to the coast between Cape Fairweather and Yakutat Bay, a distance of 70 miles, and to supplement the information obtained by the United States party in the vicinity of Mount St. Elias and the 141st meridian, which is the westerly terminus of the work of the Commission. The marking of the boundary line between New Brunswick and the State of Maine in Passamaquoddy Bay, under the second article of the Convention in 1892, is in the hands of the same two commissioners. The history of the Commission is briefly: The Treaty of St. Petersburg (1825) between Great Britain and Russia contains the following articles : III. "The line of demarcation between the possessions of the high contracting parties upon the coast of the continent and the islands of America to the north-west shall be drawn in the manner following: "Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 minutes north latitude, and between the 131st and 133rd degree of west longitude (meridian of Greenwich), the said line shall ascend to the north along the channel called Portland Channel as far as the point of the continent where it strikes the 56th degree of north latitude; from this last mentioned point the line of demarcation shall follow the summit of the mountains situated parallel to the coast as far as the point of intersection of the 141st degree of west longitude (of the same meridian) and, finally, from the said point of intersection, the said meridian line of the 141st degree of its prolongation, as far as the frozen ocean, shall form the limit between the Russian and British possessions on the Continent of America to the north-west." IV. "With reference to the line laid down in the preceding article, it is understood: 1st. "That the island called Prince of Wales Island shall belong wholly to Russia.' 2nd. "That wherever the summit of the mountains which extend in a direction parallel to the coast, from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude, shall prove to be at the distance of ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia, as above mentioned, shall be formed by a line parallel to the windings of the coast, and shall never exceed the distance of ten marine leagues therefrom." The United States purchased Alaska from Russia in 1867. The Canadian Ministers visited Washington in 1891 with a view to provide for the removal of all causes of difference in respect of such portions of the boundary as might not have been permanently marked by virtue of treaties before that date made, and as a result a Convention was ratified by Her Majesty and the President of the United States. The Treaty concluded at Washington consists of two articles, which are as follows: "Article I. The high contracting parties agree that a coincident or joint survey (as may be found in practice most convenient) shall be made of the territory adjacent to that part of the boundary line of the United States of America and the Dominion of Canada dividing the territory of Alaska from the Province of British Columbia and the North-west Territory of Canada, from the latitude of 54 degrees 40 minutes north to the point where the said boundary line encounters the 141st degree of longitude westward from the meridian of Greenwich, by commissions to be appointed severally by the high contracting parties, with a view to ascertainment of the facts and data necessary to the permanent delimitation of said boundary line in accordance with the spirit and intent of the existing treaties in regard to it between Great Britain and Russia, and between the United States and Russia. "Application will be made without delay to the respective legislative bodies for the appropriations necessary for the prosecution of the survey, and the commissions to be appointed by the two governments shall meet at Ottawa within two months after said appropriation shall have been made, and shall proceed as soon as practicable thereafter to the active discharge of their duties. "The respective commissions shall complete the survey and submit their final reports thereof within two years from their first meeting. "The commission shall, so far as they may be able to agree, make a joint report to each of the two governments, and they shall also report, either jointly or severally, to each government on any point upon which they may be unable to agree. "Each government shall pay the expenses of the commission appointed by it. "Each government engages to facilitate in every possible way any operations which, in pursuance of the plan to be agreed upon by the commission, may be conducted within its territory by the commission of the other. "The high contracting parties agree that, as soon as practicable after the report or reports of the commissions shall have been received, they will proceed to consider and establish the boundary line in question. "Article II. The high contracting parties agree that the governments of the United States and Her Britannic Majesty in behalf of the Dominion of Canada shall, with as little delay as possible, appoint two commissioners, one to be named by each party, to determine upon a method of more accurately marking the boundary line between the two countries in the waters of Passamaquoddy Bay in front of and adjacent to Eastport, in the State of Maine, and to place buoys or fix such other boundary marks as may determine to be necessary. "Each government shall pay the expenses of its own commissioner, and cost of marking the boundary in such manner as shall be determined upon shall be defrayed by the high contracting parties in equal moieties." With respect to Article II the following explanation is given : The sovereignty of the Islands in the Bay of Fundy was settled by commissioners appointed under Treaty of Ghent (1814). The commissioners, however, while awarding certain islands to Great Britain, did not distinctly define any boundary between the possessions of Great Britain and the United States. Some fishermen of the United States have erected weirs which are believed to be on Canadian territory, and it has become desirable to settle definitely and mark upon the ground where the boundary is. The commissioners under the convention of 1892, on the 31st December, 1895, signed their joint report which has been transmitted to the governments of Canada and the United States. This report is to the effect that the commissioners, in pursuance of their duties under the convention, have made a joint survey of the territory adjacent to the international boundary line, from the southernmost point of Prince of Wales Island to the 141st degree of west latitude; and they submit with the report detailed topographical maps. This report which has reference to Article I is signed by Mr. W. F. King, Her Majesty's commissioner, and by General W. W. Duffield, the commissioner for the United States. An agreement between the commissioners, under Article II of the convention concerning the marking of the boundary line in Passamaquoddy Bay, had not been reached at that date. UNION OF NEWFOUNDLAND AND CANADA. 472. A conference between representatives of the Government of Canada and representatives of Newfoundland took place on the 4th April, 1895, in Ottawa. Hon. Sir Mackenzie Bowell, K.C.M.G., Hon. Sir Adolphe Caron, K.C.M.G., Hon. George E. Foster and Hon. John Haggart represented the Canadian Government, and Honourables R. Bond, E. P. Morris, G. H. Emerson and W. H. Horwood represented Newfoundland. The following were the terms proposed by the Canadian Government after several meetings between the 4th and the 16th April :— (1.) Canada to assume the present debt of Newfoundland Canada to assume an excess of debt over that sum to. Total. $8,350,000 $10,350,000 This is equal to $50 per head of Newfoundland's population of 207,000. (b) Subsidy of 80c. per head of Newfoundland's population up .$ 50,000 165,600 The payments to be adjusted after each decennial census. 150,000 (d) Interest at 5 per cent on $2,000,000 excess of debt.. 100,000 Total. $465,600 |