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the 2nd of April, 1873. It was intended to refer a matter not to the Standing Committee on Privileges and Elections, but to a Select Committee of seven; this motion affected Ministers of the Crown and had relation to elections in connection with the Pacific Scandal-so that it met the other points to which the hon. gentleman referred. This motion, made by the hon. member for Shefford was voted down, and shortly afterwards it was followed by the motion of the Leader of the Government, which was carried. The right hon. gentleman had the matter referred to a Select Committee; and this was a precedent

which should be followed.

Hon. Mr. TUPPER explained that the hon. member for South Bruce had put words in his mouth which he had never uttered. He stated distinctly that McNabb had been one of his strong political supporters, a member of a Government with him, and as having assisted them in carrying the Union.

Hon. Mr. POPE charged the Government with being desirous of securing a Committee of nine in order to obtain six members against three representatives of the Opposition. He had no objection either to the appointment of five, with three Ministerialists to two members of the Oppposition, or to a Committee of three similarly composed.

The motion to adjourn the debate

was then withdrawn.

Hon. Mr. LANGEVIN said in responding to the argument that had been used against him, he would first allude

to the remarks of the hon. member for Levis. He was not personally known to that hon. gentleman who had read to the House, from the report, the evidence of two gentlemen called before an Election Committee in Quebec. The hon. gentleman should have stated that he (Mr. Langevin) being elected unanimously to Quebec Centre, that was not a contested election. That Committee was appointed to enquire into the conduct of the returning officer at that election, and it reported sustaining the returning officer. If the hon. President of the Council had not persisted in his denial he would not have forced the resolution on the House. He had

asserted certain facts, the hon. gentleman had denied them, and therefore he (Mr. Langevin) considered he was bound to have this matter referred to a Committee. The hon. gentleman had stated that he had been compelled by public opinion to withdraw from one county to another, and to secrete himself for three years. He wished to state that he could have been elected in Dorchester County if he chose, and the hon. gentleman who at the present time represented that county was cognizant of the fact. He denied that he had organized any band of roughs in Charlevoix, contending that as a stranger that would have been an impossibility. He maintained that under the 86th clause of the Election Law it was impossible for

those men to have visited Charlevoix as

If he

perfectly independent individuals. He Committee, because he thought it was referred the matter to the Standing preferable to asking for a Special Committee of five, seven, or nine. had selected the members he had no doubt it would not have been satisfactory to the House. He knew politically there was a majority in favour of the Government on the Committee of Privileges and Election, but he had such confidence in the gentlemen composing it that he would be perfectly satisfied to entrust the case to

their decision.

explanation. He said he had never Mr. LAFLAMME rose to a personal used any language or had any intention of insulting the clergy. He considered it a great honour to be connected with high dignitaries, and he had never said a word to their disparagement.

was

The amendment was then adopted, and the motion as amended carried. The members being called in, the Committee was struck, each memThe vote stood as follows: For Mr. ber having the right to nominate one. Langlois, 20; Mr. Laurier, 21; Mr. Palmer, 19; Mr. Blanchet, 17; Mr. Laflamme, 19; Mr. Aylmer, 19; Mr. Baby, 19; Mr. Taschereau, 18; Mr. McDougall, (Elgin), 17.

The House adjourned at Four minutes to One o'clock, a.m.

HOUSE OF COMMONS.

TUESDAY, March 21, 1876.

The SPEAKER took the Chair at Three o'clock.

THIRD READINGS.

The following Bills were read the third time and passed :

To make provision for the winding up of insolvent incorporated Banks. To provide for the payment of a grant to the Province of Manitoba.

THE DOMINION LANDS ACT,

The House went into Committee to consider certain resolutions providing for the amendment of the Dominion Lands Act.-Mr. Forbes in the Chair. Mr. SCHULTZ asked if this was copied after the American Act.

Hon. Mr. LAIRD said it was more liberal. The American Act required that 40 acres of the 160 should be planted with trees, while this measure required only 32 acres of the 160 should be set aside for that purpose.

Mr. SCHULTZ asked why it was that six years should be the limit for procuring patents. This, he believed, was more stringent than the American Act, although there was more land under forest in Manitoba than in any of the Prairie States of the neighbouring country.

Hon. Mr. LAIRD said the American Act required eight years of tree planting before a patent could be obtained; this measure required only six years, at the expiration of which, everything being satisfactory, a patent could issue. Mr. SCHULTZ said he quite approved of the measure.

The resolutions were reported and concurred in.

A Bill based on them was introduced and read the first time.

WEIGHTS AND MEASURES, &c. ACT. The Bill entitled An Act to extend the Acts therein mentioned respecting

Weights and Measures, and the Inspec

tion of Gas and Gas Meters to Prince Edward Island, having been read the second time, the House went into Committee of the Whole, and having passed it, rose and reported.

The Bill was read the third time and passed.

THE RESERVE MILITIA.

The Bill entitled an Act to amend the Acts therein mentioned respecting the Militia and Defence of the Dominion of Canada, having been read the second time,

Hon. Mr. TUPPER enquired as to its purport.

Hon. Mr. VAIL replied, that in or der to save expense, it was proposed to postpone the enrolment of the reserve militia until 1880, to take place thereafter at periods of five years each. Of course, there was the proviso that this could be ordered at any time in case of war, or any such emergency.

The House went into Committee of the Whole on the bill, Mr. Bowell in the Chair.

Hon. Mr. TUPPER asked whether it could not be so worded as not to

deprive the Governor in Council of the power of securing such enrolment under any circumstances, when, in his judgment, it might seem neces

sary.

Hon. Mr. MACKENZIE The law is imperative now.

Hon. Mr. TUPPER-I understand that, but could not the Bill be so changed so as not to leave enrolment subject to the mere contingency of

war.

Hon. Mr. BLAKE-The proviso reads-in case of war or any other emergency.

Hon. Mr. MACKENZIE-We have if the Government should think it adno appropriation for it at present, and visable next year, we would ask the House to vote the requisite sum.

The Committee rose, and reported the Bill passed with an amendment.

The amendmeat being read the second time and concurred in, the Bill was read the third time and passed.

THE RAILWAY ACT.

the Railway Act of 1868 being read the second time,

The Bill entitled: an Act to amend

Hon. Mr. MACKENZIE explained that it simply provided for an omission in the Railway Act, which had never been apparent until very recently. It was impossible at present, where two

arbitrators were appointed by a company, and any individual whose land was to be expropriated, in case the latter died, to replace him. This Bill removed the existing difficulty.

The House went into Committee of the Whole on the Bill, Mr. Dymond in the Chair, and rising, reported that it was adopted.

The Bill was then read the third time and passed.

THE CRIMINAL LAWS.

The Bill entitled an Act to supply an omission in the Act 37 Victoria, chapter 42, extending certain Criminal Laws of Canada to British Columbia, being read a second time,

The House went into Committee of the whole, Mr. Archibald in the Chair, and passed it. The Committee having risen and reported, the Bill was read the third time, and passed.

THE LAWS RESPECTING INDIANS.

The Bill entitled An Act to amend and consolidate the Laws respecting Indians, being read the second time,

Hon. Mr. LAIRD explained that it provided for the consolidation of the several Acts of the Dominion with respect to Indians.

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In the first clause the word "band" meant any tribe or body of Indians who had an interest in a reserve, of which the legal title was vested in the Crown; an irregular band" signified any tribe which held no such interest. The term "Indian" meant any person holding land, the title of which the Government possessed, and with whom treaties existed. The term "NonTreaty Indian" denoted any person of Indian blood who was reported to belong to an irregular band, or who follows the Indian mode of life, even though only a temporary resident of Canada. The word " reserve was defined to mean any tract of land set apart for the benefit of a particular band of Indians. A special reserve meant any tract of land set apart for the use of Indians, the title of which was vested in a corporation or community legally established. It was also provided that any Indian who had resided five years in a foreign country, and not associated with his band, might

sever that connection. It also provided that that connection might be resumed with the consent of the Government. Another provision of the Bill was that an woman who married a white man should continue to receive the annuity and retain all her privileges. There was another provision in the clause enabling the band to give her a ten years purchase for her privilege, after which she would be for ever separated from them. Another clause put into force the theory they were carrying out last Session with regard to the half breed and full-blooded Indians, as it was considered better it should be sanctioned by law. There was a provision which had been suggested by the hon. member for New Westminster. He desired that the penalty for selling liquors to Indians should be made more vigorous by the addition of hard labor to imprisonment, and this matter had been left to the discretion of the judge. It had been found that the decisions of

magistrates in cases of selling liquor to Indians had been successfully appealed from, and this success it was thought was owing to the sympathy juries had with liquor sellers. The Government thought these appeal cases might safely be left to the judges, and therefore a clause making this provision had been inserted in the Bill. With regard to the enfranchisement of Indians, it had been deemed advisable to obtain the consent of the band, and unless this was done it was considered that there would be a great deal of trouble, and discontent would result.

When an Indian who had borne a good character for intelligence and sobriety would receive a location ticket for the portion of land designated, he would enter upon a probationary period for three years. If at the end of that time he was found to have continued sober and industrious he received a patent for his land and became enfranchised, still retaining his right to share the annuity moneys. If they wished to separate from the Indian band altogether, they could enter upon another term of probation of three years. If they still continued in the paths of sobriety, they could take their share of annuity money, and be struck off the Indian list.

The consent of the band must be ob- | Indians desiring to be enfranchised tained for the distribution of the capital funds. This Bill would give the Indians some motive to be industrious and sober, and educate their children.

Mr. SCHULTZ said it might be very well to consolidate the laws, but the new principles of this bill would be better left out altogether. It would be found impracticable to make this Bill operative in the North West. Any one having an intimate knowledge of the tribal relations of the Indians of the West would see this. The Act did not define with sufficient clearness what an Indian was. It declared that auy one who accepted treaty money should be considered an Indian. Now, he considered this unfair. Many of the half-breeds who had accepted lands and moneys under former arrangements would never have done so if they had supposed for a moment it would have classed them among the Indians. There were other objectionable features of the Bill, to which he would refer in Committee of the Whole.

In

Mr. PATERSON considered this measure a step in the right direction. There were 90,000 or more Indians in Canada, 30,000 of whom were in Ontario, having $9,000,000 vested in the hands of the Government. The matter was therefore one of importance. While this Act might not be applicable to the Indians of the NorthWest or the tribes of other parts of Canada, there were bands in Ontario that should be given facilities to raise themselves in the social scale. Brant there is a reservation comprising a whole township, in which there are fourteen schools, eleven of which are taught by Indians. There is also an institution for teaching the young men farming, and the young women housekeeping. For some 48 years missionaries have been preaching to those Indians, and if, after all these advantages they are not fit for enfranchisement, it is the strongest possible argument against the system that has hitherto prevailed, and in favour of enfranchising the tribe. The hon. member for Charlevoix, in 1869, passed a Bill providing that the

might have a certain portion of of the reservation set aside for them on their applying for it and on producing proofs they were fit to be granted the rights of freemen, but they could not hold such land in fee simple. Only one Indian was enfranchised under that Act, and when the Government had granted him his share of the principal money, and desired to allot him his portion of land they found they could not lay it off. He was in the position of being neither Indian nor a white man. He applied as a last resource to the Department to make him an Indian again, but they found although they had the power to make an Indian a white man, they had no power to make him an Indian again. Among the objections to the Bill before the House was one that the Indians were unable to manage their own lands. There was no proof of that; it was mere assertion. There were Indians in this Province who occupied professional positions and were as intelligent as any member in this House. What could be done with some could be done with all. In the reservation in Brant there are some 3,000, of whom 600 children attend school regularly, and in ten years more it will be an exception to find an Indian child unable to read or write.

Did any one say that a person capable of receiving an education and being trained in the arts and practices of British civilization should be prevented from assuming this position? If so, it was a mistaken idea, and the time had come to test the matter. He did not believe that it was entirely possible to wipe out in this country all national distinctions; but every resident of Canada should make it his proudest boast that he was a Canadian. The endeavour to perpetuate the Indian in the Canadian nation was an anomaly. Where the Indian had not forgotten his national habits, and still lived by the chase and fishing, it would not be desirable to ask him at once to take upon himself the duties of a free man; but regarding Ontario, it was different, and immediate steps should be taken to place these Indians in a better position. Hunting and fishing has

tation in the clause.
Hon. Mr. LAIRD-There is a limi-

long since ceased, and they supported | These restrictions should be removed, themselves by agriculture and various and power should be permitted them handicrafts, in which they should be to give chattel mortgages. Clause 66' encouraged to the greatest possible would have a most injurious effect in extent. This question must soon be their regard. Then as to the amount dealt with; they were not dying out of land to be set apart for an enfranon these reserves, but increasing at the chised Indian, this was left for decision rate of one per cent. per annum. Noth- to the Indians in Council; and it ing would redound more to the credit might happen that while many on a of the Minister of the Interior than to reservation were sufficiently intelligent show the possibility of raising the In- to desire enfranchisement, the majority dian to the place of manhood; he be- would impede them in accomplishing lieved that this could be done. He their object, and allot them too meagre trusted that the Government would a share of their lands. act wisely and liberally in this relation. National distinctions should not be perpetuated in this country, and no legislative obstacles should be placed in the way of the union of whites and Indians. Under the Act of 1869, if an Indian woman married a white man she ceased to be an Indian within the meaning of the Act,and consequently lost her previous rights and privileges; this was, in other words, a penalty for doing so,and it was a restriction which should no longer exist. The children of the issue of such marriages should also be entitled to these rights and privileges. Under this Bill she did not forfeit under these circumstances her right to a share of the interest moneys, but this did not go far enough. She should be entitled to it as her dower, and the children of the first generation should also share in the principal funds of the tribe.

Under the present law an Indian absent five years from his reservation lost his interest in it. This was a mistake, being a restriction on his liberty. Indians should be encouraged to mingle with their white brethren and learn their occupations without pains and penalties being imposed for so doing. They should also be allowed to rent their farms to whites, who would improve them in the art of agricnlture. He called the particular attention of the Minister of the Interior to clauses 66 and 69. The former was too sweeping, enacting that no mortgage or lien of any kind could be taken on any personal property belonging to Indians, who, lacking a superabundance of cash, would in consequence be debarred from the purchase of agricultural implements, seed, grain, &c. Again, Indians could not be sued for debt.

Mr. PATERSON understood this merely to signify that a child under fourteen should not be allotted less than half what was given to an adult; but the latter's portion was not speci fied.

the clause fixes the proportion to be Hon. Mr. LAIRD--The first part of assigned to an adult.

Mr. PATERSON was glad to hear that this was the case. He trusted that no retrograde step would now be taken. This Bill was applicable to the more advanced Indians, and it had not gone one step too far in the direction of the enfranchisement and elevation of the Red men of the Dominion. He now desired to say a word in regard to the duty that belonged to the Indian. In the Act of 1869 a clause was inserted providing that in the case of the convictions of Indians for offences against the law, the expenses of the Court might be borne by the Indian Department. That was very good as far as it went, but it did not go far enough. In his county there was a township of 3,000 Indians, and without saying anything to the disparagement of that class, he would state that there were more Indian cases before the Court in proportion to the population than any other. These Indians contributed nothing to the Administration. of justice or to the municipal fund. Was it right then that one county should have to bear the expense of the administration of justice to that body of Indians? He thought the House would agree that it was not. He was

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