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ferred to the Supreme Court is this: the Court has adjourned until Thursday. They will resume on Thursday, and, as this Bill would not take more than a day to consider it, they could render a decision in time to pass the measure.

Hon. Mr. REESOR I should like

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to ask whether the passing of this Bill would re-enact all the provisions of the Act now in operation in the Province of Quebec and extend them throughout the whole Dominion, with all their objectionfeatures ?

Hon. Mr. GIBBS No; that is not the intention.

The order was discharged and the second reading fixed for Wednesday. CREDIT FONCIER OF THE DOMINION

BILL.

SECOND READING POSTPONED.

Hou. Mr. VIDAL moved the second

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tingly that it is quite within the province of this Parliament to pass the Bill which is now before the House. I may say to this hon. House that the Company promoting this Bill, in order that no difficulty may arise in the future as to its legal position, has taken legislation in the Provinces of Quebec and Ontario, and has given notice of legislation in the same direction in Nova Scotia, New Brunswick and Prince Edward Island, and I believe it intends to take legislation in every pro-able vince in the Dominion where it may carry on operations. Then, in case the Supreme Court should hold that this Parliament has no right to enact legislation of this kind, the Company can fall back on its local charters; if, on the other hand, the Court should hold that the local legislatures have no power to pass such an Act, then the Company falls back on the legislation of this Parliament. There may be very extraor-reading of Bill (32) " An Act to incorpodinary legislation in the Bill which has rate the Credit Foncier of the Dominbeen passed by the Province of Quebec, ion." but I do not think that comes under the review of this Parliament at present. It may be for the Supreme Court to declare it to be unconstitutional, or it may be for the proper authorities to disallow the Bill if ultra vires. I do not think there is any force in the argument advanced by my hon. friend from Montarville, unless it is his desire to prevent the passing of the Bill and defeat the object of its promoters. Capitalists are always timid that their money may not be securely invested, and in order to avoid any such contingency the Company have taken the precaution to ask for legislation from both the Provincial and Dominion Legislatures. While the legislation of Quebec may have some objectionable features, I do not think anything of the kind can be found in the Bill before the House. While I feel satisfied that the Bill will be acceptable to the House, I quite agree with the suggestion of the hon. gentleman from Amherst that the second reading should stand until the day after tomorrow, if it is not for the purpose of defeating the Bill.

Hon. Mr. DEBOUCHERVILLE The reason why I insist, and I would insist now it I thought the House would support me, that the Bill should be re

Hon. Mr. MILLER asked that this

Bill be allowed to stand until Wednesday.

Hon. Mr. VIDAL feared that at this late period of the session a postponement of the second reading would insure its defeat. It contained many and important clauses, which required to be carefully considered by the Committee on Banking and Commerce.

Hon. Mr. FLINT said it contained some very extraordinary clauses — some that he had never seen in any Bill before -and it struck him that unless an

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portunity was afforded to carefully examine the measure it would be better to move the three months' hoist.

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After some further discussion the order was discharged, and the second reading was fixed for Wednesday next. The Senate adjourned at 5.50 p.m.

THE SENATE.
Tuesday, March 15th, 1881.
The Speaker took the chair at three

p.m.

Prayers and routine proceedings.

THE PRINTING OF PARLIAMENT. SEVENTH REPORT OF COMMITTEE ADOPTED.

lations apply to British Columbia, and had been informed that the intention really was that they should apply to the territories, the district of Keewatin, and the Province of Manitoba, but it was thought that the occasion might arise hereafter that regulations might have to be made in

Hon. Mr. AIKINS, in the absence of hon. Mr. SIMPSON, moved the adoption of the seventh report of the Joint Committee of both Houses on the Printing of Parliament. He explained that it was one of the usual reports recommend-reference to the Indians in the northern ing the printing of certain documents.

The motion was agreed to.

THE ACADIA STEAMSHIP COMPANY

BILL.

SECOND READING.

Hon. Mr. McLELAN moved the second reading of Bill (80) "An Act to incorporate the Acadia Steamship Company." He said it contained the ordinary clauses necessary to incorporate a commercial company. The gentlemen whose names were mentioned in it were largely engaged in the exportation of fruit in the County of Annapolis, N.S. They had sustained large losses by exporting in sailing vessels, and therefore desired to be incorporated as a steamship company to carry on their business by steamships. The Bill was read the second time. NORTHERN RAILWAY COMPANY'S BILL.

SECOND READING.

Hon. Mr. VIDAL moved the second reading of Bill (20) "An Act respecting the Northern Railway Company of Canada." He explained that it was an Act to sanction an agreement which had been entered into between the Northern Railway of Canada and the Hamilton and North-Western Railway Company, an agreement which was appended to

the Bill as schedule A.

The Bill was read the second time.
INDIAN ACT AMENDMENT BILL.

THIRD READING.

The House went into Committee on Bill (S)" An Act to amend the Indian Act, 1880."

part of the Province of British Columbia. However, as there was no pressing necessity, and as the hon. gentleman from British Columbia did not desire to see the provisions in this Bill, so far as these regulations were concerned, apply to that Province, there was no objection to their being dropped. He, therefore, moved to amend the first clause by striking from it the words "Province of British Columbia," the effect of which would be to confine the application of the regula tions to the North-West Territories, the Province of Manitoba, and the District of Keewatin.

Hon. Mr. REESOR did not rise to oppose the adoption of the clause, but he thought a good deal might be learned from the operation of the law regulating the privileges of the Indians in Ontario. He remembered a few years ago of having been in one of the Indian reservations after a very large meeting of the braves in council, and observed a large tract of land lying as a common, although it had been cleared at the expense of the Government, and although the Indians had been furnished with farming uten

sils, oxen, cows, and he was not sure but a few horses also. They had allowed their fences to be burned down, and never replaced them. The land was uncultivated, and instead of raising more cattle they had killed the cows and oxen that had been supplied them. In reply to a question, a well educated Indian informed him that it was due to the old

Indian custom of holding property in common - that the Indians were in the strictest sense Communists, and if one Indian was industrious and accumulated something, another Indian who was lazy and thriftless would live upon the fruits of his industry. There was little inducement for any of them to Hon. Mr. AIKINS said since the try to accumulate anything under such discussion of yesterday he had consulted circumstances. He (Mr. Reesor) did not the Indian Department in reference to know whether the Department encourthe necessity of making these regu-ages that spirit of thriftlessness and

In the Committee,

Act.

Communism, or whether they were dis- Hon. Mr. AIKINS moved to amend posed to encourage the spirit of indi- the clause by adding the words "For the vidual independence and industry. He purposes of this Act." He explained merely called the attention of the Gov- that this clause giving Indian agents the ernment to the fact that it was a source powers of a justice of the peace would, of complaint in neighborhoods where the by amendment, limit the exercise of those Indians were civilized and being civilized.powers to cases arising under the Indian He knew there was great difficulty in guarding against the Indians being imposed upon, and, on the other hand, to judge how far they might be allowed to act as white men. From what he had heard yesterday with regard to the Caughnawauga Indians it was clear that the Departmental regulations sometimes operated unfavorably. He called attention to the fact in order, as far as it was possible, that the Government might see that the Department was so managed as not to interfere with the development of a higher civilization if any Indians showed an inclination or the ability to improve their condition.

Hon. Mr. CORNWALL suggested that the amendment might go further, and provide that those inspectors and Indian agents shall have jurisdiction in matters in dispute between alone. In that way the inspectors and Indians agents might be made more or less useful to the Indians, and no harm could arise from it.

Hon. Mr. AIKINS said that the

Indian Act already made provision for cases of that kind.

Hon. Mr. GIRARD thought the Indian Commissioners should be required to reside in the reservation or district of Hon. Mr. AIKINS said the policy of inspection. They were the guardians of the Government in reference to the In- the Indians, and so long as the Indians dians was to elevate them, if possible, in were treated like minors they should some of the reserves. After their re- have the advantage of the presence in their serves we e surveyed they were sub-reservations of the Commissioners and divided up, so that each individual Assistant Commissioners. They should. Indian family might have its own hold- have power to settle all difficulties arising. That was all the Government ing within the limits of their districts of could do in the way of putting Indian inspection, among the Indians themfamilies in a position to exert themselves selves or between Indians and whites. to better their condition and gain a live- The Commissioners should be always in lihood. It was the policy not only of their districts to deal with those who this Government, but of every Govern- had business to transact with Indians. ment in this country, to elevate the In- He approved of the provisions of the dians, and to diminish, as far as possible, Bill prohibiting trade with the Indians. the expense that had been incurred, and They had no experience, and they needed would likely for some time he incurred, to have some one to assist them in all for their support. their transactions, but he thought the time had arrived when provision should be made for early emancipation of the tribes. They had been too long in a state of tutelage, and had received too much protection from the Government. If the Government had put before them the idea that at an early day they should be emancipated, there would be more enterprize among them, and less of a dispostion to depend upon the Government for support. The time had come when they should work for their own living. The buffalo was becoming more scarce every year, and they should be taught to be more self reliant, and to be more self

con

Hon. Mr. BOTSFORD inquired if these amendments to the Bill were fined to the North-West Territories, Keewatin and Manitoba.

Hon. Mr. AIKINS said the first five clauses in reference to which the Governor in Council may make regulations would apply exclusively to Manitoba, Keewatin and the North-West Territories. The remaining clauses were general.

The amendment was agreed to, and the clause was adopted.

On the 10th clause,

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supporting, and placed upon the same footing as other subjects of Her Majesty. Hon. Mr. VIDAL considered that the amendment proposed by the hon. Minis.

ter of Inland Revenue would not meet the case, as he doubted whether this Parliament had power to provide for the appointment of justices of the peace in Manitoba.

Hon. Mr. REESOR contended that

the Dominion Parliament having jurisdiction over Indian affairs had a right to enact laws in reference to Indians; and everything incidental to that power came properly within the jurisdiction of this Legislature.

Hon. Mr. VIDAL said that those magistrates would not only have the power to try cases between Indians, but also cases between white people in that

territory.

Hon. Mr. AIKINS It is contended that the power to appoint justices of the peace rests with the Dominion and not with the local Governments.

Hon. Mr. MILLER - That is the opinion held by very competent lawyers.

Hon. Mr. AIKINS' said that the reason why those officers were appointed as justices of the peace was that sometimes they lived in very remote districts; they had to perform certain duties, and if they were not clothed with such authority it would permit offenders against the Act to go unpunished.

Hon. Mr. GIRARD thought it would be a great advantage if the Indian agents were compelled to reside within the limits of their agencies.

operation of this clause altogether to Indians, as disputes might arise in which white men would be involved, and the magistrate should have the power to act in both cases.

The clause was adopted.
On the 12th clause,

Hon. Dr. BROUSE contended that the Government should show some strong for which this clause provided. The exnecessity for making the appointments penses of the Department were increasing very rapidly.

Mr.

Hon. Mr. AIKINS said that the head of the Department (Sir John Macdonald) considered it advisable to make provision for such appointments should they be found necessary. Dewdney, the Indian Commissioner, was obliged to travel all over the NorthWest, and if a certain amount of work had to be done in Keewatin, Manitoba and the Territories some one would have to do it.

Hon. Mr. FLINT, from the Committee, reported the Bill with certain amendments.

The amendments were concurred in and the Bill was read the third time and passed.

CUSTOMS LAWS CONSOLIDATION BILL.

THIRD READING.

Hon. Mr. AIKINS moved the House into Committee of the Whole on Bill (78) "An Act to amend and consolidate the Acts respecting Customs."

In the Committee, on the 11th clause,

Hon. Mr. GIRARD called the attention of the Minister of Inland Revenue

Hon. Mr. AIKINS said that if the In-to a provision of the old Assiniboia law, dian agents were always reliable men there would be no difficulty in clothing them with those powers, but the experience of the past in Canada, as well as in the United States, had shown that Indian

agents did not always discharge their duties faithfully. When a difficulty occurred that was beyond their jurisdiction to settle, it would be better to leave it to be settled by the Department in the ordi

nary way.

Hon. Mr. MACDONALD contended that it would not do to confine the

under which wine and other articles imported for the use of the missionaries were admitted into that country free of duty. He considered that it was a very wise provision, and one that should be incorporated in this Bill. Hon. gentlemen would admit that it was owing to the self the missionaries to Christianize the sacrificing and philanthropic efforts of Indians of the North-West that that vast territory was brought into the Dominion with so little trouble and expense. It would only be an act of gratitude and

justice on the part of the Government [emption which had been asked. Although to ask Parliament to declare that all it could not be done in this House, it goods and wine imported into the North- might yet be done in another place beWest for the use of the missionaries fore the close of the session. should be exempt from duties, as Hon. Mr. VIDAL was not so sure a recognition of the services rendered that this House had not the power to to the Dominion by those men. Such provide for the exemption from duties, a proposition would come more properly as would be seen, he thought, by the last from the other House, but, as the Gov-section of the Bill authorizing the reernment had not done so, there he felt funding of duties in certain cases. it his duty to move that the clause be amended by adding after the word duty," on the second line, the words "All articles and objects sent by charitable institutions to help missionary work, and all the wine used for church

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purposes also."

Hon. Mr. AIKINS said there was not the least doubt that those who had gone into the North-West as

Hon. Mr. DICKEY congratulated his hon. friends from Sarnia and St. Boniface on their change of sentiment since the debate on the Temperance Act. On that occasion they had objected to the adoption of a provision by which the people were to be permitted to use ales, porter, cider, and light wines, but now they were prepared to go so far as to mis-exempt from duty wines imported into sionaries among the Indians had in the North-West for the use of clergymany instances taken their lives in their hands. There was this difficulty about his hon. friend's amendment, however, it was a matter that must necessarily originate in the other House, and originate by resolution of the House. He did not think his hon. friend could properly propose a motion of that kind in this House, and after having given expression to his views and put them on record, he should withdraw it.

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doubt if they had not ceded the Government in that territory, it would not have been brought into the Dominion and organized under a Government without vast trouble and expense. He was sure that for years to come, if further treaties had to be negotiated with the Indians in the North

men.

Hon. Mr. GIRARD contended that his hon. friend from Sarnia and himself were perfectly consistent in the course they had advocated. The wine that they were now asking the Government to exempt from duty was for sacramental purposes, it was an entirely different thing from the liquor traffic, against which he and his hon. friend had been doing battle during the discussion on the Temperance Act.

Hon. Mr. VIDAL said that he had

always advocated the exemption from the operation of the Temperance Act wines used for sacramental purposes. It was the hon. gentleman from Amherst who had had a change of sentiment, because, from being an advocate of the use of beer and light wines, he had, within the past few minutes, given his assent to a measure which prohibited the use of beer, ale, or light wines by those of his fellow-subjects who happened to have a different colored skin.

Hon. Mr. ALLAN, from the Committee, reported the Bill with one amendment.

passed.

The amendment was concurred in, and West, these treaties would be made the Bill was read the third time and under conditions more acceptable to Canada than if the missionaries had not preceded the Government. He regretted that the Ministry had not felt it to be their duty to recognize the good work of

BILLS INTRODUCED.

FIRST AND SECOND READINGS.

The following Bills from the Commons

those devoted men and grant the ex- were introduced and read the first time,

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