different to that which was abrogated. It had been stated that the prosperity of this country, since the abrogation of the treaty, had not been satisfactory, and he desired to show that such was not the fact. It was said that our population, which was the touch-stone by which we were to ascertain our prosperity, had increased only 13 per cent. during a certain period, whereas during the same period the population of the United States had increased 23 per cent., as given by Mr. JENKINS in a recent speech at Manchester. It must be remem- | bered that that increase of population in the Republic was due to immigration and to the exceptional condition of the country at the time. Owing, in fact, to the large wages commanded by artizans and the large bounties given to soldiers during the war, the effect of that excessive immigration was now seen in the commercial reaction which has set in, and the population of the United States was now rapidly decreasing. There never had been a time in the History of Canada when its commercial prosperity was more marked than at the time when the negotiations for a new treaty were recently opened at Washington as was shown by the following statistics :-In 1873 the shipping of Nova Scotia amounted to 430,000 tons, New Brunswick 300,000, and Prince Edward] 40,000; the city of St. John owned 250,000 tons, and was the fourth town in regard to shipping in the Empire. The Dominion Fisheries produced in 1870 $6,577,392, and in 1871 $9,570,116. Our debt of $120,000,000, was an average of £6.3.3 per head, and more than half of it was represented by public works, canals, harbors, light-houses, river improvements and railways, and over $40,000,000 by railway and Provincial securities. The trade in 1869 was $128,000,000, and increased so rapidly that in 1873 it amounted to $217,000,000. Our bank capital which was $30,000,000 in 1870, aggregated $55,000,000 in 1873. The bank circulation of Ontario and Quebec was $9,000,000 in 1864, and $33,000,000 in 1873; the deposits in 1864, amounted to $24,500,000, and in 1873, $76,000,000. During late years the Dominion had added British Columbia to the Confederation, a Province which would prove an El Dorado. Its coal fields were capable of yielding 16,000,000 tons to the square mile, and the coal measures of Nanaimo were 2,500 feet deep. It was argued that in the treaty Mr. Plumb.

Canada would derive great benefit from the trade flowing through the impossible Caughnawaga Canal; but it was forgotten that we had never secured the right of the navigation of Lake Champlain. It was moreover said that we would secure the American Coasting Trade by obtaining the right for Canadian vessels, of being nominally placed on the American registry; but that idea was entirely incorrect. Undoubtedly, if such a treaty as that proposed were to come into force, it would destroy our manufacturing industries, which could not compete with the manufactories of both England and the United States. With respect to our manufactories of agricultural implements, if we were able to compete with American manufactories it would be found that we could not send our machinery into their markets in consequence of the operation of the Patent Laws. He considered that the selection of the commissioner sent by the Government to the United States was eminently proper under the circumstances; but that gentleman should have possessed sufficient political astuteness to have known that the Government, with whom he was attempting to negotiate a treaty, was not in a position to make such a treaty; because it was on the point of dissolution and that party found itself during the last elections no longer able to retain power. A still more serious objection to the treaty was that while Canada was committed to its provisions, the American Government remained free, and they had deposited it in their archives to bring it forward on the next occasion when Canadian Commissioners endeavor to negotiate a reciprocity treaty. Canada had, to use the expression of the commissioner himself, flung concession after concession at the heads of the Americans until we had nothing left to offer them in return for negotiating a treaty. He hoped that some statement would be made by hon. members on the Government side of the House on this question.

The resolution was carried.

CANADIAN PACIFIC RAILWAY TELEGRAPH.

Hon. Mr. TUPPER moved an address to His Excellency the GOVERNOR GENERAL for copies of all specifications and contracts for any portion of a Canadian Pacific Railway Telegraph, with all correspondence thereto. He regretted that the

the railway. If the telegraph were a few miles distant from the road it would be of comparatively little value. The law provided, and it was in accordance with common sense, that the telegraph should not be in advance of the location of the railway, and it might be in advance of the construction of the road because it would be useful for construction purposes as well as for operating the road. The contracts entered into by the hon. First Minister during recess of Parliament involved an expenditure of one million dollars of the public money. It was desirable that the House should consider the matters involved by making such an expenditure on telegraphs before the railway was located. In one of the settled and well known districts the Government had changed the location thirty miles from the point originally proposed; at Lake Superior a change of sixty miles had been made; and if the road in British Columbia were located as indicated by the hon. First Minister in his recent speech, the telegraph would be one hundred miles from the railway. He asked the House if it was common sense policy, assuming that the Government had a law authorising their action, which they had not, and had an amount voted for the work, which they had not,-that the Administration should expend one million dollars on a line of telegraph which was located so as to be utterly useless either for the construction or operation of the road. He would now show that the road had not been located when the contracts. were let. The hon. First Minister had himself stated to the House that one of the objects of constructing the telegraph line was to facilitate the successful prosecution of the surveys. He (Mr. TUPPER) did not approve of the expenditure of a million dollars for the purpose of facilitating surveys, but the explanation afforded proof that the road had not been located, otherwise surveys would be unnecessary. The hon. First Minister stated that the Government had given out contracts from Lake Superior to Fort Garry to Messrs. OLIVER, DAVIDSON & Co., from Fort Garry to Fort Pelly to Messrs. SIFTON, GLASS & Co., from Fort Pelly to Fort Edmonton, to Mr. WM. FULLER, from Fort Edmonton to Cache Creek to Mr. F. J. BARNARD. He fully approved of the constitutional doctrine laid down the other night.

course of public business rendered it impossible to reach the motion at an earlier date; and he had entertained a hope that the fact of that motion appearing on the paper should have been sufficient to have induced the Government to discharge what he would endeavor to show was a plain duty. The hon. the First Minister had stated to the House that the Government during recess had made contracts for the construction of the line of the Canada | Pacific Railway Telegraph extending from the shores of Lake Superior across to Red River, from Red River to Fort Pelly, and from thence across the Rocky Mountains to Cache Creek, a very short distance from the Pacific coast. The Government, no doubt, were invested with large powers, but they held these powers under certain constitutional restrictions and they could not disregard, however important were the public interests to be served, the restrictions imposed on them by constitutional practice without infringing the privileges of Parliament and establishing precedents that were very dangerous in the conduct of public business. He would endeavor to show, that these contracts in the first place, were made with out any authority of law, that the Government had not power to make any contract for the construction of a Canadian Pacific Railway Telegraph, and in the next place if they had had a law providing for such construction they had not the power to make the contract, because the money was not voted, and it was laid down in clear and express terms that a Government could not make an absolute contract without an appropriation from the House or the contract must be subject to the approval of Parliament. If the Government had laid the contracts on the table as he held they were bound to do, the House would have been in a position to judge whether these contracts should or should not have been made. There was no law providing for the construction of a telegraph, for the Act simply provides that the laws of electric telegraph shall constructed along along the railway over its whole extent, SO Soon as practicable after the location of the line shall have been determined upon The policy of that law was expressed on the face of it. The successful operation of a line of railway could only be carried on in connection with a telegraph line alongside Hon. Mr. Tupper.

be

tary Government, and yet, notwithstanding constitutional authority, notwithstanding there was no vote of money for the purpose, notwithstanding that the law required that the railway should be located before the telegraph line was constructed, the House was coolly told by the hon. First Minister that he had made contracts with friends of the Government to the extent of one million dollars for a telegraph line. The hon. First Minister by constitutional practice and by the practice of previous Governments, was bound to lay on the table the contracts, and obtain after the fact what he ought to have obtained before it, the approval of Parliament thereto.

Hon. Mr. MACKENZIE said there

was no objection whatever to the motion. He had intended to bring the contracts down before now, but the last of them was only executed two or three days ago. He would lay them on the table without any further delay, and also the contracts entered into for the steel rails, though some of them were not yet quite completed.

was

Mr. BOWELL said before this motion carried something more than the Address should be put upon record. The hon. member for Cumberland had shown that the Government had exceeded their powers. From the speeches made during the present session the House was aware of this fact that the route of the Pacific Railway, even through the prairie portion of Manitoba, had not yet been located, and if it were not located, it would only be an act of courtesy if the Premier explained on what authority he had entered on a contract so directly at variance with the provisions of the Canada Pacific Railway Act. He (Mr. BOWELL) therefore moved that the following words be added to the Address: " and this House regrets that contracts have been made by the Government for the construction of a line of telegraph from Lake Superior to Cache Creek before the location of the line of the Canada Pacific Railway has been determined upon." He did not propose to occupy the time of the House in discussing the motion or by enlarging upon the subject. He moved this amendment upon the broad principle that the Government, however strong they might Hon. Mr. Tupper.

money must necessarily flow, without having at least a semblance of law to justify their acts, or before having submitted these contracts for the approval of Parliament.

Hon. Mr. MACKENZIE said the line had been located where the contracts were let and he conceived that the Government were acting acccording to law. They had asked the House for money to carry out what was provided for last session in the Act which declared that a line of telegraph should be constructed in advance of the Canada Pacific Railway.

Mr. BOWELL-But after its location.

Hon. Mr. MACKENZIE--Then I contend we are constructing after the location of the line, where they are erecting the telegraph at present. The line is located by the Chief Engineer and his assistants.

Mr. BOWELL asked if the line was located from Lake Superior to Cache Creek.

Hon. Mr. MACKENZIE said it was located from Lake Superior to a certain point, and from that point to Rat Portage Then from Rat Porit was not located. tage to the Red River it was located; and from there westward it was being loeated.

Mr. SCHULTZ said the only portion of the work that had been done was that under of the Pacific Railway to be useful in the construction of that work. He wished to know if the route of the railroad had been so far established as to admit of the contract of Messrs. GLASS, SIFTON & Co., about 23 miles, and that had not been placed where the line was completed by any means. No location had been made there, and so far as he (Mr. SCHULTZ) could understand, no location was intended to be made where that line was put up.

Hon. Mr. MACKENZIE said the hon.

gentleman's statement was incorrect.

Mr. PLUMB said the line mnst be put up along the route of the location of the telegraph line, or were the contractors to locate the line for the Government.

Hon. Mr. MACKENZIE said he had already stated the line was to be put up where the road was to be located (these

Mr. KIRKPATRICK asked the Premier if he could tell the House whether the line was erected from Fort Edmonton to Cache Creek. Unless this had been done, and it was known definitely where the line of railway was to run the contracts had been improperly given out. He also wished to know in reference to this contract for number one section given to OLIVER, DAVIDSON & Co., whether their tender was the lowest, and if not who were the lowest tenders, and why the contract was refused to them, because he had been informed by letters received within the last few days that the parties who claimed to be the lowest tenders offered a cash security on their contract. One of their sureties was a bank in Western Canada, and the other a responsible merchant in Toronto. He (Mr. KIRKPATRICK) was informed that they offered to deposit a cash payment if necessary but the offer was nevertheless refused.

Hon. Mr. MACKENZIE said the hon. gentleman's information was incorrect. The contract was first assigned to SMITH, WADDELL & Co., whose tender was the lowest thereon. After waiting some weeks they were unable to comply with the terms that was to give security. The next lowest tenderers were then informed that the contract would be given to them on their furnishing security. They were not able apparently to furnish it, but made arrangements with the parties whose names were now in the contract, to furnish security.

Mr. KIRKPATRICK said he was aware that SMITH & WADDELL'S tender had not been accepted, but was informed that they had offered good security.

Hon. Mr. MACKENZIE said after the other parties had been informed that their tender was accepted, some persons came to the Department on behalf of SMITH, WADDELL & Co., and stated tha: if they were given an opportunity they would be able to furnish security. It was

then too late.

Sir. JOHN MACDONALD said if the contracts were let before the the line of railway was located, a gross violation of the privileges of this House had been comHon. Mr. Mackenzie.

authority to let contracts until after the line was located. They all knew what the location meant. It meant that the road should be marked out just as was the foundation of a house before it was built. Yet without any such location being made in this instance here were the contracts let, by which the contractors bound themselves to finish the line before the 1st Oct., 1875, and he understood they were now actually engaged at work between Forts Garry and Pelly.

Hon. Mr. MACKENZIE—That portion of the route is located.

Sir JOHN MACDONALD-What! located from Fort Garry to Fort Pelly?

Hon. Mr. MACKENZIE—Yes.

Sir JOHN MACDONALD said the line of railway he understood was to be located 30 miles north of Fort Garry.

Hon. Mr. MACKENZIE said there were two Fort Garrys. The place referred to by the hon. gentleman was Winnipeg. The Fort Garry to which he (Mr. MacKENZIE) referred was the lower one.

Sir JOHN MACDONALD-That is the Stone Fort-the one Mr. MULLIGAN had offered to defend against Riel. The hon. Premier, in his speech of the 5th March, stated that it was proposed to cross the Red River some 23 miles north of Winnipeg, and in the same speech the hon. gentleman stated that the line was not located for which these contracts were now given out. The hon. gentleman was therefore guilty of a gross illegality, and serious breach of the privileges of Parliament. Contracts had been let where not a single stake had yet been driven, and the work was to be completed by the 1st Oct. next. It was quite clear from the hon. gentleman's own words that these contracts were let in advance of the location of the road.

Hon. Mr. MACKENZIE That is the hon. gentleman's interpretation of my words.

Sir JOHN MACDONALD said they were the hon gentleman's own words, as found in the Hansard. It was clear that a survey was not made, because he stated in his speech of the 5th March that he felt from the first it was absolutely indispensable to have telegraphic communication with the various points on the line in order to prosecute a successful survey and to lay out the line upon which the road

should ultimately be built. These contracts were therefore illegal, and if the hon. gentleman spent a single farthing on them the Government would be putting their hands into the public treasury without the authority of the law, and would be guilty of a great illegality. This House would be bound to do what had been done in the case of the CHURCHWARD contract, in order to vindicate the rights of Parliament, and declare all these contracts absolutely void and illegal, without any binding effect or obligatory force whatever,

Hon. Mr. MACKENZIE said the language he had used was quite clear. There was nothing more important for the survey between Fort Edmonton and the Rocky Mountains than to have a telegraph line built to Fort Edmonton, and a party of surveyors had been locating a line for months back from the Red River westward, and when the hon gentleman raised a quibble about Fort Garry, it was unworthy of him. He knew very well that Fort Garry had been used as designating the whole of that section of the country.

Sir JOHN A. MACDONALD-It is entirely unworthy of the hon, gentleman to give out contracts contrary to law.

Hon. Mr. MACKENZIE-The hon.

gentleman has no proof of what he states, and his assertion is not law. I am preI am pre pared to discuss the question with him at any time. He ought to be the last to charge any one with doing things contrary to law. If we were to trace back the history of the hon. gentleman there would be no denying that fact. These contracts were given out in accordance with the very letter of the statute, and the House has moreover voted money to carry them out.

It being six o'clock, the Speaker left the chair.

+:

AFTER RECESS.

BRIDGE OVER RIVER L'ASSOMPTION.

The House went into committee on Mr. BABY'S Bill to authorise FRANCOIS XAVIER

GALARNEAU, and others to build a bridge over the river L'Assomption in the Parish of L'Assomption (Mr. DEVLIN in the chair.)

The committee rose and reported the Bill, which was read a third time and passsed.

Hon. Sir John A. Macdonald.

CANADA CAR COMPANY.

The House went into committee on Mr. MCLENNAN'S Bill to amend the Act incorporating the Canada Car and Manufacturing Company (Mr. HAGGART in the chair.)

The committee rose and reported the Bill, which was read a third time and passed.

QUEBEC AND LAKE HURON R. R.

The House went into committee on Mr. CARON'S Bill to incorporate the Quebec and Lake Huron Direct Railway Company (Mr. BABY in the chair.)

The committee rose and reported the Bill, which was read a third time and passed.

MONTREAL NORTHERN COLONIZATION R. R.

The House went into committee on Mr. DESJARDIN'S Bill respecting the Montreal Northern Colonization Railway Company (Mr. CARON in the chair.)

The committee rose and reported the Bill, which was fixed for a third reading to-morrow.

RAILWAYS EQUIPMENT COMPANY. The House went into committee on Mr. BLAIN's Bill to incorporate "The Dominion Railways Equipment Company" Mr. DEVLIN in the chair.

The committee rose and reported the Bill, which was read a third time and passed.