MISSION ET RAPPORT DE SIR A. CAMPBELL

Arrêté ministériel déléguant Sir A. Campbell à Londres 0)

Copy of a Report of a Committee of the Honorable The PRIVY COUNCIL, approved by His Excellency the Governor General in Conncil on the 9th June, 1870

The Committee of the Privy Council, having recently had under their considération a number of questions of great importance to the Dominion, among which are the proposed withdrawal of Impérial troops from Canada; the question of fortifications; the récent invasion of Canadian Territory by citizens of the United States; and the previous threats and hostile préparations which compelled the Government to call out the Militia, and to obtain the consent of Parliament to the suspension of the Habeas Corpus Act; the systematic trespasses on Canadian fishing grounds by United States fishermen; and the unsettled question as to the limits within which foreigners can fish under the Treaty of 1818: — are of opinion that it is désirable that their views on ail thèse questions shbuld be personally represented to Her Majesty's Government by a Member of the Privy Council; and they recommend that the Honorable the Postmaster General be requested to proceed to England, and to endeavour to induce Her Majesty's Government to take prompt action in the several matters above referred to, in accordance with the views expressed in the Minutes of Council relating thereto, and in any other Minutes which may hereafter be referred to him.

The Committee of Council are of opinion that the Postmaster General should call the attention of Her Majesty's Government to the Reports of the 15th and 20th of December last, from the Minister of Marine and Fisheries, and should urge the importance of securing, with as little delay as possible, the restoration to Canada of the rights which she enjoyed prior to the Reciprocity Treaty, under the interprétation given to the Treaty of 1818, by the Crown Law Officers of England.

The Committee of Council cannot conceal their appréhension that, if the citizens of the United States are any longer permitted, as they hâve been during the last feur years, to fish in waters where, according to our interprétation of the Treaty of 1818, they are trespassers, it may be more difficult to obtain an amicable solution of the point in dispute.

The Committee of Council are fully alive to the importance, of taking action at an early period with regard to the construction of a Pacific Railroad through Canadian territory, but they think it better to postpone the considération of the subject until after the departure of the Delegates from Rritish Columbia, when instructions will bc sent to the Postmaster General on this important subject.

Certified,

WM. H. LEE, Clerk Privy Council.

Dépêche de Lord Kimberley, ministre des Colonies, à Sir John Young (2)

Downing Street, 27th July, 1870.

(No 198)

Sir, — On receiving from Her Majesty the seals of this office, I took an early opportunity of communicating with Mr. Campbell, the Postmaster-General of Canada, who has come to England to place beforc Her Majesty's Government the views of your Government on various questions connected with the Dominion.

(1) Sessional Papers, 1871, No 12, page 17; — et No 46, page 25.

(2) Sessional Papers, 1871, No 12, page 38.

Mr. Campbcn brought under my considération the following subjects — Tlie first was the protection of the Canadian fisheries from encroachments by foreign fishing vessels. On this point I concur with your Ministers that it would be désirable that the questions which hâve been so long in dispute with the United States, as to the geographical limits of the exclusive fishing rights of Canada under the Trcaty of 1818, should bc settled by a joint British and American Commission on which the Dominion should be rcprcsented. Her Majesty's Government will propose to the United States Government the appointment of such a Commission.

Now that the instructions given to Her Majesty's cruisers and the Government vessels of Canada hâve been brought into harmony, I do not think it necessary in this Despatch to make any observations on the détails of those instructions. I will only remark that I am most anxious to avoid any misunderstanding on this subject between the Impérial and Canadian Governmcnts, and with this view the régulations to be issued for the fishing season of 1871, should be considered by the two Governments dn good time before the season commences. Their nature must of course much dépend on the establishment and progress of the proposed Commission, but I shall gladly receive from your Government, at the proper time, any statement on this subject, and shall give it my best attention.

2. The Bill authorizing the guarantee of the Fortification Loan, on which Mr. Campbell expressed some anxiety, is already before Parliament.

3. Mr. Campbell pressed strongly upon me that a représentation should be made to the United States Government with référence to the late Fenlan incursion into Canada, which has awakencd such just feelings of indignation in the Dominion, and he urged the claims of Canada for réparation for the losses which she has sustained by that incursion.

Her Majesty's Government hâve carefully considered what steps it would be advisable to take in this matter, and I hâve to acquaint you that they are of opinion that in the first instance your Ministers should draw up a full and authentic statement of the facts and of the claims which they found upon them. This statement should be transmitted by you to Her Majesty's Government, in order that it may be laid by them before the Government of the United States, and I need scarcely say that whilst It should contain everything which is material to the case, it should be a document of such a character, as may properly be communicated to the Government of a State with which Her Majesty is on terms of amity.

4. Mr. Campbell, whilst stating the entire willingness of the Canadian Government to take measures for the defence of the Dominion, expressed a hope that an Impérial garrison would be maintained at Québec. You are so well acquainted with the gênerai policy of Her Majesty's Government as to the distribution of Impérial troops, that I need not enter into any further explanation of that policy, and as regards the particular question of the garrison of Québec you are already aware that it has been decided that a battalion of Infantry and battery of Artillcry shall remain there during the coming winter.

I cannot conclude without acknowledging the able and temperate manner in which Mr. Campbell brought under my considération the varlous questions which hâve been discussed between us. The opportunity which I hâve had of explaining to him the views of Her Majesty's Government, has made it unnecessary for me to do more than briefly iudicate in this Despatch the course which it is proposed to take.

I hâve, &c,

(Signed.) KIMBERLEY.

Rapport de Sir Alexander Campbell 0)

To His Excellency,

The Right Honorable Sir John YOUNG, Bart.,

Governor General of Canada, &c, &c, &c.

May it Please Your Excellency,

Having been in June last requested to proceed to England to make personal représentations to Her Majesty's Government on the several subjects hereinafter mentioned, and having discharged the duties entrusted to me, I beg to submit a report of my proceedings.

I found on my arrivai in London that the death of the Earl of Clarendon which had occurred whilst I was at sea, rendered a change in the Colonial Office probable, and although Lord Granville was good enough to sec me on the subject of my visit, it -was not until the appointaient of his successor that I had an opportunity of making those full représentations which it was the désire of Your Excellency's Government I should submit on the several subjects referred to. Lord Kimberley honored me with repeated interviews, and received my représentations with every attention and considération.

1. The Fenian invasion and troubles cansed by them. — Upon this subject I pointed out the troubles and losses which, during a number of years, had been caused to Her Majesty's subjects in Canada, by the Fenian marauders; that thèse men were American citizens, many of them not even Irish by descent; that they were enlisted, armed, and drilled in the large cities of the Union, under the orders of a Fenian Congress and Executive assuming the prétentions of a Government, the drilling occasionally even taking place in company with Militia Corps, under officers believed to hold commissions under the Government of the United States, the United States journals of the day giving the fullest publicity to everything which was being done. I described the Fenian invasions and repuise in 1866, and referred to the représentations and the claim for indemnity made by Sir George Cartier and Mr. Macdougall on behalf of Canada to Her Majesty's Government with référence to the losses thereby caused, which were stated in a mémorandum furnished to the Colonial Office by those gentlemen as amounting to several millions. I referred to the several alarms which had taken place sincc 1866, ail attended with more or less injury to the country, and with more or les» expenditure, and said that early in the présent year the threatened invasion and the actual one had injured the country very much; that the loss with regard to industrial pursuits it would be difficult to estimate, and there had been a large expenditure in sending forward Volunteers to irieet the invading forces. The number of men sent out was about 6,000 in April, and in May about 12,000 — thèse numbers would be équivalent to calling out 60,000 and 120,000 in England. In answer to an inquiry by Lord Kimberley I said that I could not state the actual military expenditure with any accuracy, but that up to the Urne I left Canada it was supposed to be somewhere between five hundred and height hundred thousand dollars, and that whatever it was, it formed but a small portion of the loss sustained by the country. We thought a very strong case might be made out for a demand for indemnity from the United States. Messrs. Cartier and Macdougall had asked that such a demand should be made with referenc» to the loss sustained in 1866, and we considered that we were entitled to ask for indemnity in référence to ail the expenditure that had been since caused to us by the Fenians. Failing the obtaining of such an indemnity from the United States, we thought the Empire should join with Canada in meeting the losses: the Fenian difficulties were not of our creating, but grew out of real or imaginary wrongs that the Empire had in the past inflicted on Ireland, and we were fighting battles which were not ours but those of the Empire. We were quite ready as a portion of the Empire to bear our share of thèse or any other troubles in which the country might be involved, but it was not fair that we should be allowed to suffer alone ail the losses and conséquences of the Impérial aets or policy which were complained of, and I strongly urged that for the past and the future, should any further Fenian troubles arise, the Empire, as a whole, should bear the burden of resisting such attacks, and that Canada should only contribute as

(1) Sessional Papers, 1871, No 12, page 41; et No 46, page 26.

a portion of the Empire. Lord Kimberley suggested that the présent génération of Canadiens were as responsible for the alleged wrongs of Ireland as the présent génération of their fellow subjects residing in Great Britain. Admitting this, I urged tliat the fair conclusion was that ail alike, and not Canadians alone, should bear the losses and conséquences of the course which had been in the past followed towards Ireland. His Lordship said it was impossible for him to dispose of the question, and he took for granted that I did not anticipate he would, but he would consider it himself and obtain early considération of it by his colleagues, letting the Canadian Government know what view was taken.

2. The withdrawal of the Impérial troops and the relations of Canada to the Empire.— On this subjcct I submitted to Lord Kimberley that when the Confédération of the scvcral Provinces of British North America was suggested, it was agreed on ail sides that it was a matter of both Impérial and Colonial Policy, that Canada felt assured in oarrying out the scheme that it would hâve the advantage of the moral and material support of the Empire. Wc had undertaken the ta.sk, and so far, carried it out successfully, but at very considérable sacrifice, and a sacrifice that was likely to bc contiuuous. There was a growing feeling in Canada of distrust in the disposition of the Impérial Government to give us that support to which we thought ourselves entitled. It was somewhat difficult to point out the exact grounds which had occasioned this feeling, but generally it proceeded from the tone adopted by public men, and particularly by mcmbers of the Government, in référence to Colonial and Canadian topics. There seemed to us to be a disposition to overlook the exertions we had made for the purpoce of preserving the connexion, and to depreciate the strong feeling of attachment which subsisted towards the Mother Country, and we apprehended a tendency on the part of the Government to withhold from us that assistance and support so likely to cernent the existing relations.

Lord Kimberley said that his attention had been called to the feeling of distrust to which I had rcferred, but that he thought nothing had been done by the British Government to afford any grounds for it; there was no désire to separate Canada from the Empire, and so long as we desired to remain connccted they could not, either in duty or honor, do anything in the direction of severing the connexion: he thought the feeling of distrust not justified by anything that had occurred. The Government did not wish to interfère with the freedom of Canada's future, but so long as she chose to remain connccted with the Empire, so long under ail circumstances of foreign aggression was the Empire bound to mnintain the Union, and would do so, but in internai affairs is was the duty of Canada to protect herself.

I said that we had for many years undertaken the maintenance of the internai peace of the country, but that we did not consider the Fenian invasion an internai trouble, but one proceeding from Impérial causes, from which the Impérial Government should protect us, or against the expense of which they should indemnify us. I urged that It would re-assure the public feeling in Canada very much if the garrison at Québec were to be maintained: we did not ask this on account of the number of men which might be placed there, but bccause their présence would be to us a symbol of the sovercignty of the Empire. Québec was an Impérial fortrcss, and the maintenance of the garrison of Her Majesty's troops there would be looked upon as indicating the détermination in England to maintaiu the existing relations, and would hâve the most useful effect on public feeling in Canada. I pointed out that ths argument which had been used that the maintenance of a garrison at Halifax was much the saine as rctaining one at Québec, was not just, inasmuch as Halifax was 600 miles from Québec, and the Railway, which Lord Granville had spoken of in Parliament, was not completed, and would not be for two or three years. I added that the Frcnch-Canadian population regarded with particular disfavor the withdrawal of the troops, and cxpressed a hope that the Government would reconsider the question.

Lord Kimberley said that the matter had been repeatedly and very fully considered, and that the décision that had been arrivée! at was not likely, he thought, to be departed from, but my représentations should be considered.

3. Fisheries. — I urged upon Lord Kimberley the great importance to Canada of the fisheries, which employed a large number of seamen, and had many collatéral pursuits and industries dépendent upon them. We possesscd the whole of the herring and mackerel fisheries on the Western side of the Atlantic, the America ns having no inshore fisheries of any great value. This possession was of the first importance to us, and

we felt exceedingly anxious that it should be maintained in aocordance with Treaty rights. Induced by a strong sensé of the responsibility involved in the matter, and out of déférence to Impérial views we had proposed in 1865 the License System; we had given every possible opening in this direction at a sacrifice of our immédiate interests in order that our affairs might not tend to endanger the peace of the Empire. This system had been continued to the présent year, and we were satisfied that no advantageous results would be obtained from it.

Lord Kimberley admitted that the time had come when Canadians might reasonably expect that the state of things anterior to the Reciprocity Treaty should be reverted to, or that some other definite arrangements with the Americans, on this subject, should be arrived at. He added that he was glad that I had not mixed up the two questions of Reciprocity and the Fisheries, because he saw no reason to expect a reneval of that treaty: he agreed, he said, that the Fisheries question should be treated by itself. 1 said that we in Canada had arrived at similar conclusions. The policy of conciliation had been fully tried, and we ceased to expect anything from the Americans from it. We thought the only course now open to us was to ask the Impérial Government to fall back upon the rights which we enjoyed and maintained anterior to the Reciprocity Treaty, and I was directed to request this at the hands of the Government.

Lord Kimberley said there might be some différence with regard to the interprétation of the Treaty as to Bays. I replied that we thought it clear upon that point, but that the suggestion made by Mr. Adam s in 1866, and adopted by Lord Clarendon, to hâve a joint commission to settle on the ground the linc within which, under the Treaty, exclusive fishing was to be enjoyed would be a satisfactory mode, as far as the Canadian Government was concerned, of disposing of any difficulty which might exist as to the interprétation of the treaty as regards Bays: but I urged that should a Commission be appointed a représentative from Canada should be upon it, and that its sittings should be held in America, and if possible in Ottawa or Halifax.

Lord Kimberley said he concurred in the suggestion for the settlement of whatever doubt might be found to exist as to the interprétation to be put upon the Treaty with regard to Bays; that he merely spoke his own views, however, but that he would bring the matter, at an early date, before his colleagues, and would then give a final answer.

4. Fortifications. — I found that the Guarantee Bill was about to be Introduced into the House of Commons shortly after m y arrivai, as it subsequently was, and became law.

I had the fullest opportunity of presenting to Lord Kimberley the views of Your Excellency's Government on the several questions referred to, and before leaving London he did me the honor to inform me of the conclusions which had been arrived at by Her Majesty's Government in référence to the matters which had been discussed- Thèse conclusions were subsequently communicated to Your Excellency in his Lordship's Despatch of the 27th of July, and I need not hère, therefore, particularly refer to them. I availed myself, however, of the opportunity afforded by their being communicated to me by Lord Kimberley to press for some indication as to the course Her Majesty's Government would pursue: lst, in the event of the United States refusing to listen to any claims as to the losses inflicted upon us by the Fenian invasions, would they then, 1 asked, make the losses as the causes of them were Impérial, and unité with Canada in bearing them. Hc could not pledge the Government in advance: he did not wish to be understood as dissenting from my argument as to the equity of such an arrangement, nor as assenting to it: they would take it up when the resuit of their appeal to the Government of the United States should become known. 2nd, as regards the Fisheries — should the American Government refuse or neglect the suggestion for a Joint Commission, would they then fall back on the rights maintained anterior to 1854? He could not commit the Government in advance: they would urge the création of a Commission in every way in their power. Should they fail they would consult with the Canadian Government, and with them, or after hearing them, décide as to the course to be pursued, and the instructions to cruisers to be issued another year.

AH of which is respcctfully submitted,

By Your Excellency's

Most faithful servant,