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 i«i E i,<r o E, A. isr ID xj l^<r 
 
 "N TirK 
 
 NORTH-WEST QUESTION. 
 
 In order to coiiMilor in its trno lif,'ht the question of amnesty to EicI and the 
 othei loaders implica'.od ia the Xorth West tioubios during the yearH 18G9 and 
 IStO, as it now stands, — wc have not to examine whether liicl and his confederates 
 committed act<> which call for tho coiidcmnation of every loj'ul subject, but whether, 
 according to the hiw of nations, thof-o parties are entitled to a general amnesty for 
 all tho deeds hi/ them perpetrated during f/ioae trouiks, as insurgents and rebels to the 
 authority of the Queen. 
 
 To that end, many things and fiiets have to be taken into consideration : — 
 During tho rebellion, at the time Avhen the insurgents were under arms and in 
 possession of Fort Grarvy, and controlled ar.d were ruling the country, Archbishop 
 Tach^, who was engagod ii. Eome at the O'kumenical Council, waa. called, and in- 
 duced to proceed to the North-West as envoy and plenipotentiary of Iler Majesty's 
 (lovernraont, and there to do all in his power to brin ■ ihc insurgents to submission. 
 For that purpose, he was vested with tho powers and authority contained in tho 
 letter of the then Governor General of C'anada, Sir John Young, dated the 16tli 
 February, 1870, of which follows un extract: — 
 
 " You are fully in possession of the views of my Govei-nment, and the Imperial 
 " Government, as I informed you, is earnest in the desire lo see the North- West 
 "Tcrritoiy united to the Dominion on equilal>le conditions. I need not attempt to 
 " furnish yoa with any instructions for your guidauco. bej'ond those containea in tho 
 " telegraphic message sent me by Lord Granville, on the part of the British Cabinet, 
 " in the Proclamation" (dated 6th December, 18(19) " whicli I di'ew up in accordance 
 " with that message, &c." 
 
 In the above mentioned Froclamutiou, after other recitals, Hir John Young, 
 addressing the people of the North-West Territory, says : — " And I do lastly inform 
 "you in tho case of your immediate and peaceable obedience and dispersion, T shall 
 " order that no legal proceedings he taken against any parties implicated in these unfortunate 
 " breaches of the law." 
 
 His Lordship >vas furthermore given a letter troni Sir John A. Macdonuld, 
 Prime Minister and Minister of Justice, dated the Kith February, 1870, of which the 
 following is an extract : — 
 
 " Should the question arise as to the consumption of any stores of goods belong- 
 " ing ti the Hudson Bay Company by the Insurgents, you are authorized to inform 
 " the leaders that, if the Com]):my's Government is restored, nut only will there he a 
 " general amnesty granted, hilt in case the Company should claim the payment for 
 " such stores, that the CaiadiAn Government will stand between the Insurgents and 
 " all harm." 
 
 iiiuipowofou by tii«eM ereUciiiuils, aud by the verbal instriiGtions giVoii him noth 
 by tho Governor General and by Sir John A. Macdonald and Sir Goo. E. Oartier, in 
 the name of the Canadian Government, the Archbisliojt lell for tho North- West, 
 
2 
 
 whcro 1.0 unived in the first tin vh of March, a few days afW tho .loath ol" Sa.u. 
 Ho imniodiiitoly c-omrnimioated to tho londons of tho iiiHiirgeiits his credentials, 
 namely, Sir John Young's letter and proclamation, and Sir John's letter dated the 
 l«jlh February. Thoy were then in possession of tho whole torrilory, and had 
 organized what they called a Provisroni.l '.'ovornmont and Legislature,' throu^'h a 
 popular election in the various French and English paiishos in tho territory. 
 
 After having remonstrated with them, His Loi-dship, in tho name of tho Gover- 
 nor General of Canada, made them several promises if ihoy would lay down arms 
 and submit to the Canadian authority, and more particularly promised a general 
 amnesty to all parties ihni/.icatcd in tho insurrection, for what they had done as 
 insurgents up to that time, inchulliKj the nhootimj of Scott. 
 
 Jiclying on a promise thus made hy a man of such a standing as Archbishop 
 Tachd, on the authority of the credentials he exhibited to them, and on the verbal 
 instructions he told them ho had received on leaving Ottawa, tho insurgents <loter- 
 minod to submit to (!anadian authority, declaring at tho same time thoy had novel- 
 intended to break their allegiance to the Crown, but that they would not be ibrced 
 into the Canadian Confederati.^n withe ut being consulted and without being granted 
 tho same rights and privileges as were enjoyed by other portions of tho Dominion. 
 ITis Lordship answered that the Government of Canada wero ready to consider Ihoir 
 propositions, and that they had oidy to send delegates to Ottawa to agree upon tho 
 terms of their entering the Union; and ho stated to them that if they did so they 
 would be amnestiad/rom thefimt to the last, and he promUed so in the aamco/ IIcrMajesti/. 
 
 The insurgents yielded to his entreaties, and sent delegates to Ottawa with 
 
 •written instructions, wherein tho granting of a general amnesty, as promised hy 
 
 Archbishop Tachd, envoy ar,<l representative of tho tlovernment of Canada, Avas 
 made the sine qua nan. 
 
 The delegates wero received as tho delegates of the people of the Xonh-West, 
 and had sovtral interviews with Sir John A. MacdonaUl and Sir (Joo. E. Cartier, who' 
 had been specially authorized by the Government to confer with them on the subject 
 of their mission. They communicated to those Ministers the instructions given to 
 them by those who had sent them. After several interviews an agreement was 
 made, and resolutions adopted which were embodied in tho Manitoba Act. 
 
 Delegates liitchot and Sco.t state in their evidence that, as a general amnesty 
 was the sine qua nan of the u.)=' -tanding, it was promised both hy Sir John and 
 Sir George. 
 
 After the Manitoba Act was passed, tho delegates returned homo and stated to 
 the loaders that a general amnesty had been agreeil tq as promised by Archbisho]) 
 Tache', and would be granted. 
 
 lleforc leaving, Father Eitchot, one of the delegates, ieaiing that tho loaders of 
 tho insurgents would yet entertain doubts as to tho e.Kecution'of the promise of 
 amnesty, wrote to Sir George E. ( artier -i letter in which he said :-''Tho .luostiona 
 "raised by tho It)th clause of our instructions" (that clause was the one relating to 
 the granting of (he amnesty) "arc of the highest importance; 1 trust, sir, aiKAho 
 .'past is my warrant for the future, that you will bo able to secure us, before our 
 "departure, all the guarantees promised by Sir .John and you in relati.m to tho.se 
 " highly important (questions." 
 
 On receiving that letter, Sir George E. Cartier ^x■^nt to Messrs. Ritchot and 
 Scott, two of the delegates, and took them to His J-Lxcellency the Governor General, 
 where tho question was discussed, and the next day ho sent the following answer to' 
 Mr. Kitchot's letter :-"! desire to call your attention to tho interview j^u had with 
 
3 
 
 " His Hxcolloiicy fho (Jovornur Oonoral, at wliieli T was in-mont, find in which His 
 " Kx-c.-lloncy wuh ploaxod to ;<tato that tho lih.ral jmlin/ which the Governmcit pro- 
 " po.^cd to follow in rdntioi, to the persons for whom yoa interest yi>m-»df is correct, and is 
 " that which oni^ht to bo adopted." 
 
 At an interview with Sir George, before their departure, tho doiegateri itichot 
 and Scoft (Mr. Black had left for Scotland), asked liinj who was to govern the 
 Country until the arrival of the Canadian authorities. He told them that Kiel should 
 do it. 
 
 When those two delegates reached Fore Garry, they reported to Kiel and his 
 friends, the leaders of the insiu-gents, what had been done ; they told them that the 
 condition of a general amnesty had been agreed to, as promised by Archibishop 
 Taih^, and that it would be proclalmo.I under Her Majcstys own signature, Avithin 
 the strict delays necessary to get it from England. They added that up to the 
 arrival of tho Canadian authorities, liiel and his Provisional Government should 
 " keep power and maintain order." The insurgents, confident in those declarations, 
 kept possession of Foi-t Gurry up to the arrival of tho troops sent by the Canadian 
 Government, and the n immediately dispersed and laid down arms as agreed to. 
 
 It is maintained by certain people that, notwi'thstanding all tho above and other 
 evidence to be found in the Blue Book, there is no proof that an umneUy has been 
 promised to all parties having taken part in the North West inaurrectio:i, for all the 
 deeds perpetrated by them as insurgents. Ljt us examine by comparing tho evi- 
 dence, the value of such an oi)inion. 
 
 On the one hand, wo have the following authorities : 
 
 1. Archibishop Tach<S states ho said to Sir John A. Macdonald, beloro leavin-' 
 for tho North West: "This is all very ^v•oll, but there liave boon acts committed 
 "which are blameworthy, and there mny be some other before my arrival there: 
 " may I promise them an amnesty ?" He an.swered me : " Yes, you may promise 
 '•' it to them." It was then that Sir John A. Macdonald wrote me the letter dated 
 " IGth Feby , 18tO.' 
 
 2«. Father Eichot says that, when he arrived at Ottawa as a delegate, "Tho 
 " Mirislcis said in reply to our question, that they wore in a position to assure us 
 " tlir.t an amnesty would be granted immediately after tho passing of tho Manitoba 
 "Bill." 
 
 3®. Alfred A. Scott says, in his petition to Her Majesty: 
 
 " That on tho day and at the hour appointed, 'tho negotiations were ojioned and 
 that the delegates of the North West declared to the Honorable Members of the 
 Cabinet of Ottawa, that in conformity Avith their instructions, they could not come 
 to any .ngrecment unless a general amnesty should be granted for tho illegal acts 
 which might have been committed by any of the parties concerned in the troubles 
 that had occasioned tho actual delegation. 
 
 "That the Honorable Sir John A. Macdonald and Sir George E.Cartier, declared 
 to the delegate? that they were in a posit" m to assure them that such Avas the 
 intention of Your Ma • sty, that they could consequently proceed Avith the negotia- 
 tions, being satisfied that the Eoyal Prerogative of mercy Avould be e.'iercised by 
 the grant of a general amnesty." 
 
 4® Hon, Joseph Eoyal says : 
 
 " In the intorvioAV referred to. I said to Sir (roov.'j'o. T inlor.d in o'o to Alanitoba 
 if the amnesty is to be proclaimed. 
 
" IIo lulvisod mo very (iti-oiigly to go, for Movcrul rcawns. Ho onquirod If I had 
 " Hooii Kiol. l[o told mo to toll liiol, and wi'lto to him, ' l/amncHtie mt itne affaire 
 " « ihci(U, cent line affaire /aitc' IIo Httttod that it was a s 'tied affair ; ' that tho 
 " ' thing was dono.' 
 
 " Ho oxpro.ssly asUod mo to iiilbrin Itiol of thi,x, and to writo to him if 1 could 
 " not 800 him." 
 
 5*^ Hon. M. A. Ciirard ways : 
 
 " Ah ono of luo Mini.storrt of tho i'rovinco, and fooling that it would ho impos- 
 " siblo to do much good in tho Provinco without an amno.-ity, I wrote to Sir Goorgo 
 " Cartior, whom I i-ogarded as ono of my jiarticular friends, on two or three ditfer. 
 " ont occasions, drawing iiis attention to that amnesty, and tho promise that, T undoi'- 
 •' stood from tho whole of tho i)Oople, had boon mado of an amnesty. In those letters 
 " I described tho condition of tho country, and lU'gcd strongly upon Sir George tho 
 " necessity for an amnesty. 
 
 ," I rocoivod answers to several of tlu-c lottor.s — 1 thinK- to all of llieni. Mis 
 " answer was to rotpiost mo to bo sure that tho amnesty would como. ' Soi/e.'i certain 
 " ' que I'amnestie viendra uvant hiuj fimiiK.' Toll your people to remain quiet and \iw[) 
 " order. 
 
 " I wrote to Sir George as well in my capacity of a .Minister as tho solo ro- 
 " prosontative of tho French clement ; and also as friend. I have not those answers 
 '• from .Sir (iooi-go here ; thoy are at Winnipeg. In those letters to me ho remarked 
 " also when recommending quiet, that tho enemies of the pcoplo would lie gratified if 
 " they put thomsolvos in tho wrong by acting otherwise, and so dej)rivo thenisolves 
 '•■ of tho bcnotit of their position. He desired mo (o tell tliem to adhere to their 
 " duty and that tho amnesty would inevitably eome." 
 
 tJ* Major Futvoye say-! : 
 
 '■ I am Deputy of the Minister of Militia and Defence. 1 have filled that oHiie 
 " since Confederation. 
 
 " I was pre.scnt at a meeting between Sir (ieoi'goCarlicr and Father liitoliot on 
 " lyth May, 1870, or thereabouts, when Sir (ieorge told Father llitchot this : • .Je 
 " ' guarantis que rows uiirr.:: tout cr que vihik m-r:: dnndiulr.' J did not hear the convorsa. 
 " sation wliich had preceded this expresbion, nor was anything said afterwards dur- 
 " ing the s.ime interview further. It was at the close of a long interview between 
 " them when I was called in and heard these words. 
 
 '' Father Ritchot came from Sir George's direct into my room, which was al- 
 " most adjoining, and told me that Sir (ieoi-gc bad guaranteed that an amnesty for 
 " all tho past should be granted as soon as it could possibly be obtained. 
 
 " After Father Ritchot had left me I wont into Sir George's room, when ho told 
 " mo that ho had promised all that the delegates requested, and ho hoped thatevcry- 
 " thing was Hnally settled. 
 
 " Mo asked me if Father Eitciiot was satistiod, and I tokl him that be assured 
 " mo that the promises made by Sir (ieorge were (luitc satisfactory. This interview 
 '' was early in theilay, and, 1 presume, before any audicneo of the Governor on that 
 " day."' 
 
 These six gentlemen all agree in their evidence that the amnesty was promised 
 both by Sir John A. Macdonald and Sir Goo. E. Carter, in the name of the Canadian 
 Government: 
 
 On the other hand, wo have the denial of the two latter gentlemen. 
 
ir ; ' that tho 
 
 dm it' I cuuld 
 
 r Gcoi'^rc tlio 
 
 0(1 tliat uffiie 
 
 In order to properly !ii)|irc(iaU' tliis con (lie ling eviiloneo uh to tho promiKO 
 nxado (o Arehhislioii Tacli(', lul'dr*' lie Irll aN di'l('i,'ate on lielialf of Oanndiv, and to 
 Messrs. Hitdiot and Soott, as delc.n'aU's frcni iicoplo of Uio Nortli-Wost, it niu-t lo 
 hornu in mind tliat at tliu time when the insni'ironts (oojc arms and f^ot possession of 
 l'"ort Garry, tiioro was great exeiteincnl. The Fenians liad twiee invaded our ter- 
 ritory, ami thereby caused a hirge aninnut of expondituro l)')lh in lime and money. 
 Thoro was fear in Kngla:;d and hero that we might he called (o suH'er a etjiisiderablo 
 loss in lives and in monc}', and jierhaps ho draggt'd inlo a war, not only with tin- 
 llalf-hroeds, wlio were hut few in luimhor, hut with the Indian tribes of tlie Prairies, 
 to which the insurgents wore related l)y hhiod am! language, — and witli the Fenian 
 Organization, which was making every etiort to raise trouble on this tddo of tho 
 American line. It was believed by everyhndy (hid if we once got iido war willi the 
 people of tho prairies, no one could foretell tho end of it, on account of tho immense 
 extent of tho North-Wcst territories, and (hat we would he exposed to tho samo 
 endless sacrilices whicdi Mie lJni(od States had to sutler so manyyears, on account of 
 tho Indians oi" their Westei'u 'forrilory. 
 
 Tho Imperial (lovornmeut itself, to a certain extent, shared this approhonsion. 
 Minco Sir Clinton Murdoclc was instructed to watch the jtroceedings on its behalf, 
 and Lord Gronvillo deemed it ncce-sary to send tho telegraphic despatch rel'eircil 
 to by tho Govornor-Gcnortil, i^:c., kc, itc. 
 
 Such being the general impi'cssion, and the Canadian Government being advised 
 by the Imperial Authorities to make every etl'ort towards tho HcttlomenI ni' (he dif 
 ticulty, is it not most prohahlc and likely thai Archbishop Tachd, when sent to the 
 North-Wost, received the authority ho was asking, and which every one concerned 
 must have considered as e-isouliul tor tho success of his mir-si(jn, iKimely, the power 
 'to promise the granting of an ainnosly ? That conclusion must also be arrived at if 
 we consider the etl'ect and extent of tho general authority in tho cote /ilanrhr given 
 to hira by tho Govornor-tJeneral's letter, and by that of Sir John A. Macilonald- 
 datod the ICth February, 1.S70 
 
 We have albo'thc seve al lottois of Sir tfeo. E. (Jarlior. an I hi-. .K rlaralion.i to 
 Messrs. Girard. lloyal, Eitchot and Futvoyo, ail of \\hirh goto (■s!al.'li>h that (he 
 promise of amnesty had been made, and which fully corroborate the evi<loi.cc of 
 Archbishop Taoh^. Is it to be supposed that if the promise of an amiio-ly, as stated 
 by Archbishop Tachd, had not been nuule by .Sir John A. ilaodonald. fhat ho would 
 have submitted to tho allogalioii-. oonlaiiicd in scvoral of his Lnnl'hip's letters ? 
 that he would have given nuinoy foi' Kiel and Ijifjiino '.■' Ilial ho would liuvo afijirovod 
 Lieutenant-Governor Archibald and his mini^lor, Jlr. (iiranl, when they made tho 
 same promise? And when Jfr. Archiliald accoptod JJiels services to repel the 
 Fenians, can we sup[)0sc that Sir John Avould have rewarded him by giving him a. 
 more important position than tho one he (lion hold, if Mr. Archibald had doj-.o so 
 without Sir John's knowledge aivl consent ? Pooidedly no ! To sum up, from (he 
 reasons, then existing, which would have Induced any Govornniont (o do all in their 
 power to put down that insurrection, and from Sir John's conduct from beginning 
 to end, it is evident that, as alleged by Archbishop Tacli^ and Messrs. IJitchot and 
 Scott, the promise was duly -made both bol'ore and at the time the delegates came 
 here. 
 
 But now let us suppo.se for one moment that, when Archbishop Taclid went to 
 the North-Wcst as the representative of Canada, he was not authorizetl by the Go- 
 vernment of the day to make the promise he has made, wouiil the ([uoslion lie 
 changed ? 
 
The following fticts are andonlable :— 
 
 Archhi.ho,. T«ch^ a. our i-lenipotontiury, un.l ,.. roprcctinK <l.o G..vor..ur 
 a.Kl the (xovennuont of C«na.lu, .nado to tho insurgents tho pn.nuso uf a full an.l 
 gonorttl «iuno«ty, in the very tornis nientiono.l in his evidence. 
 
 That promise was otHeially notified U, the Canadian (Jovornn.ent by bi« letter, 
 hcnnn- date the I llh Afarch, 7tl. May and Dth Juno, 1870. 
 
 He had never been disavowed or ,.ubliciy disapproved, but on the contrary, he was 
 Ihnnivod for having done what he had done. 
 
 For and in consideration of that prondse of auu.esly, the insurgents sent dele- 
 gates to O tawa, lo whon, (ho promise was renewed, at least bv .Sir (Jeo. E. Ca.lier 
 who. together with Sir John A. Maclonuld, had been e.npowered by the Cabinet I 
 negotiate with those delegates, and who, i„ ,ho al.sonco and during the illnesH of Sir 
 John, acted alone, and, as his Kxeellency Lord Uurteria says, as locum tenens of the 
 Prime Minister. 
 
 The renewalof such promise by Sir (ieo. K. Cartier was within the knowledge 
 
 fSir John A. Macdonald, for he says in his evidence : " In the conversations be- 
 
 tween Sir George and Father Rilehot. they .ere moving on .litferent planes , S r 
 
 George, referring to the amnesty, exehi.ive of the persons charged with the death 
 
 '• oi &eott, an<l Father Eitehot always including them." 
 
 The leaders of the insurgents have eKocuted thoir share of the agreement and 
 that whi.h was the consoquence of the promise of amncstv, and the Government 
 have taken advantage of that promise and of its results. 
 
 According to the principles of Intermitional law, which applies as well to 
 insurgents as to a foreign nation or power, the Government of Jler Majesty is bound 
 t.fulHl the promise made to Archbish.p Tache and grant a ireneral'a.nnestv be 
 cause it has taken advantage of the treaty made with Archbishop Tache with ,„" 
 without proper authority. All the authors on International law, both Fr'eneh and 
 English, concur in this. 
 
 Let us first refer to Vattel (V )okll., Chap. Xl\^ S -'OS) ■ <■ If ur 
 
 " an ainba^ador, or a general of an army, exeeeding'the;ou„ds of X^nnZl!; 
 ooneluded a treaty or a convention without orders from the sovereign, or wit W 
 '• being authorized to .lo it by virtue of his office, the treaty is null u, L 
 " without sufficient powers: it cannot become valid without the expnws or 't^if^nai' 
 <<fication of the sovereign. The express rati«cation is a written deed .;. i^^ 
 ' sovereign approves the treaty and engages to observe it. The tacit ratification 
 in^phed by certain ..,« u-Mrk tl. so.r.l,. i. J..,, ,res.,ne, to take only i.^, 
 y>n.t,.at,,ana .,l,.J..,Mnot be supposed to take without eon^de im "^ 
 '• concluded and agreed upon." * * :;: """o it as 
 
 A„d again ,amo l,„„k a.ul >.|,„,„,,, ,. ,„ ., .. „,„ ,„„, ,|,„„.„ „, 
 
 "c^n^ iu .,..i,. „„■,„„, ,,„.„„„, .,,, ,„,,„;,;;;„ .™' :""-^:"' 
 
 porttc . null, J a. ,f .t had „„,■«,• o,i,.c,l. Bat ll,„ »„v,„ig„ „„„,,t ,„ „„,.., 
 
 ...enco alone oan g,vo valiUi.y .„ a ,„„ve„.i„„ ,vl,id, .hclurac ing pa , « ,a " 
 agreed „ co„,„do,. „ vali u„,„, ,„., »,,,,„„„„„„, j.„ ,, „,„„„ ,, : JZ'Z] 
 
 ».!., an ag,v„n,e„t ,vl,i<-l, he l,i„,,,elr i, dctenainod n„t ,„ ,„, i,y - ' 
 
 0t 
 
(ho Govuriiur 
 of a full and 
 
 by big ictlor?, 
 itrary, ho wuk 
 
 nU soul (iolo- 
 
 00. E. Cuilioi- 
 
 ho Cabinet to 
 
 illnosH of air 
 
 Icnent of thu 
 
 kiiowludyo 
 vorHutions hc- 
 t planod ; 8ir 
 ith tho doiilh 
 
 eciuont, and 
 Govern moiu 
 
 "s woll to 
 sty is bound 
 inuoNty, 1)0- 
 he, with or 
 French and 
 
 blic person, 
 onimission, 
 or without 
 <-'ing niaiJc 
 '• tiioit rati- 
 which tlic 
 iification is 
 npuvmance 
 loring it as 
 
 ite cannol 
 or havin<r 
 ill obliga- 
 orH as yet 
 i'nply dis- 
 ocomos as 
 t to make 
 , that his 
 "tiea have 
 ch of goo J 
 to, on hiw 
 
 And further, Hook III., r|,ai.. XVrn., s. 2til: "In many niHoi tho nafost, ml, 
 
 ■at the Hanie lime, niosi just niolhoil of apiieasing Ne.|i(ion, into give tho peoplo 
 
 Nati.sfa.tion. And iC thoio oxiHted no reUH<.nM t(» jtiMtity tho inNtiiToetion (a oiroiun- 
 
 • stance, wiiici., i>,Ml,aiH. never hai.|M.n-.\ even in niieh a ease, it heeonicH nocoH- 
 
 • sary, an wo have above obsei-ved, to grant an amnesty wherw the ..Henders are nii- 
 
 • niorouH. When the amnesty is onee published or aeeeptcl, all the past niubt bo 
 ■ buried in (-bltvion; nor must any one b.. .all.'d („ account tor what lia» boon done 
 
 • 'luilng Ihc .liHurbances: and, in general, the Hoveroign, whose woi-d ought over 
 
 • to be sacrod, is bound to the faithful observance of every promise he hai^ made 
 "orcn to rcbels-I meai, ' j s.ich of his HubjcctH as have rovolto.l without reason or 
 " r.oco.wity. If liis piomisos are nol inviolable tho rebels will have no security in 
 " treating with him : when they have once drawn the swonl thoy must throw away 
 " the scabbard, as one of tho ancients expresses it; an<l the princo, destituto of tho 
 "more genllo and salutary means of a|.poasing Ihc revolt, will have no other vo- 
 " maining expedient than that of utterly extermimiting the insurgents. Theso will 
 "bocomo formidable through desj.air; compassion will bestow succours cm thom , 
 " their party will increase, and the State will be in danger. AVIint would have be- 
 'M'omo of France if tho leaguers had thought it unsafe to rely on tho promises of 
 " Henry the Great ? Tk. s^on, rm^nns irhlrh should voudcrtlyf„ith of /n-omisa* inviolahh 
 " and mcrcd hctirrm induld„al and IndUidind, hctinva ^,.V'n!,jn and >,<.rrn:!;,n, hclwren 
 " enemy and cnvmy, mhsUt in all thnr force h,l,nen the sovereign and hU Iniurgent or rebel- 
 
 " UoU$ SuhJectH,." 
 
 Also Book V,ch. Vf, Act4i. 
 
 " Upon a scrupulous fidelity in the ob>ervation of treaties, noi merely in their 
 "letter, but in their spirit, obviously depends, under God, the peace of the world 
 "Tact amnrUn-eandi is the pervading maxim of International, as it wiw ofKoman 
 'Jurisprudence." 
 
 Anil again., iic di.. Art, ;")() : 
 
 "Tho consent nmy be signilicd in various ways. Some juri,sts have assorted 
 '• -ifc the delaration of consent must be specified in writii.g ; but, thou.^h 
 " this be the usual r.nd most convenient mode, it cannot be said to be indispensable 
 " to tho validity of the Treaty." 
 
 WheiUon (Elements of Inlernational Law, Part HI. S. 253) says: 
 
 "No particular forn, of words is e.s,scntial to the con-lusion and validity of a 
 " binding compact between nations. The mutual consent (,f the contracting parties 
 " may be given expressly or tacitly, and in the ^rst ca.se. cither verbally or in wa.-t- 
 "ing. It may be expressed by an inslrumont signed by the plenipotentiaries of 
 "hoth pftrtios, or by a declaration, and counter-declaration, or in the form of letters 
 •' or notes exchanged between them. lUit modern usage rc<pured that verbal agrce- 
 "mcnts should bo, as soon as j.o.ssible, reduced to writingin order to avoid disputes; 
 "and all mere verbal eommunicatious, preceding the tiiial signature of a written con- 
 '• volition, arc considered as morgc-1 in tho instrument itself. The consent of the 
 "parties may be given tacitly, in the case of an agreement made under an Impcr/ect 
 •' authority, by uctiiig under it an Ifdidy conehtdcd.' 
 
 Also he. cii. s 255 : "Such acts or engagements, when made without autiiorily 
 " or exceeding tho limitsof tho authority under which they purport to bo made, are 
 " called simmon.1. These conventions must bo confirmed by express or tacit ratitica- 
 " tion. The former is given in positive terms, and with tho usual forms; the latter 
 " is implied from the fact of acting under tho agrcoiuent as if iiotuul hy its stipula- 
 ■' ti'ons. 3Iere .silence is not sufficient to infer a ratification by cither party, in order 
 " to prevent the latter from carrying it.i own part of the agreement into efleet. If 
 
8 
 
 " howovor, it Iiuh boon totally o" )iarliiilly «-xceutod liy uithor piuty, ai-ting in gotxl 
 •'fiiilli iiiK-n tlio mi|»|M)silii»ii tlini ;.(< a^'oiit was duly uuthorizi'd, tlio part}- tliuit act- 
 ••ingi» oiititk'd to bo ind^miiitloil or roplacpd in liin foimer hiliiation." 
 
 AIho, jmrt IV, h .'l!M) ; (irodiis lia-^ dcvolod a wliulo cIiaiiliT of lii« 
 " grout uofli to prove, l>y the loiisontinj; li'^liinoiiy of all iigos and iiiitioriK, that 
 •' gootl fuitli ought to bo obwrvod towards an eiieiuy. And oven UynUorHliook, who 
 " holdn that ovory other sort of framl may ho pructiNod towardu him, prohihitH {mji*. 
 " tidy, upon tho ground that hin clnMMKli'r of oni'..iy consos by tho corn pact with him 
 " HO far (t^ Mio tonus of that coniiiact oxtond, ' I allow of any kind of docoit, miyt* 
 " ho, porlidy alone excepted, not beeau>e anything i.> uiilawfid agairiHt an oneuiy, 
 " but becttuso when our faitli huM boon [dodged to him, ho far as the pronuno oxtondn 
 " ho coascM to bo iin or.eniy,' Indeed, wilhoul Ibis niitigalion, tho borrorn of wur 
 " would boi;ideHnite in extent and inlerniinable in duralion Tho n><age of eivili/.od 
 " nntiouH has therefore introduced ccrt'.'.in rDiiinniri'i liclll. by which tho violoiieo of 
 " war may bo allayed, ho far an is consiHlent with its objects and purpones, and 
 " Bon.othing of a pacjrtc intereourso may bo kept up. which may loud, in time, to nn 
 " adjUHtmont of difleroncos, nud ultimately to peace. " 
 
 And again, ?oc. ci<., s. 5-14: "If an r.bstnict i'i^,'ht bo in (pieslion between tho 
 "parties, on wldeh tho treaty of peace is silent, it follows that »UI previous com- 
 " plaints and injury, arising uncivT such claim, aro thrown into oblivion by the am- 
 "neity, iiecesHarily implied, if not expressed; bi the claim itself is not thereby 
 " settled cither one way or tho other." 
 
 Woohaj (Introduction to the study of Inleiiiiitional l,aw, s. lOt) says: '• 
 
 " But Bynkorshook defended another opinion which is i.ow the received one among 
 " tho text-writors, and which Whoaton has a<lvoeated at largo with groat ability. 
 "If tho minister has conformed at once to his ostensible powers and to his .secret in- 
 "struciion.s, tiiero is no doubt that in ordinary cases it would be bad laith in tho 
 "sovereign not to I'dd his ratitication. Hut if tho minister <lisobeys or transcends 
 "hie instructions, tho Hovorcign may refuse his sanction to the treaty, without bad 
 "faith or ground of complaint or\ the other side But c^ven this violation of socrot 
 " instructions would be no valitl excuse yix- the somrijan rr/iinuitj to mxept the treittii, 
 " if he should have given public credentials of a minute and specitie character to his 
 " agent; for the evident intention in so doing woidd be to convey an imi)ro.syion to 
 " the other party that lio is making a' sincere declaralion of the 'erms on which ho 
 " is willing to treat." 
 
 Speaking of civil war, ho .says (s. Kjli) ; •• The same rules of war aro required 
 " in such h war as in any other — the same ways of tightint;, 'he san'o treatment of 
 " pri8oner.s, of combatants, of no'\-oombatants and of pi-ivalo pro|iorty by 'l;o army 
 " where it pass'-s: so also natural justice demands tlie same veracity and faithfulness 
 " which aro binding in the intercourse of all moral beings. 
 
 "Nations thus treating robcls, by no means concede thereby (lial, they form a 
 " Si/ate, or that they are di fadn such. Tiiere is a dillerem-e between boliigerents 
 '• and belligerent Slates wliich Iris been tw) much overlooked. 
 
 "AVhon u war ends to the disadvantage of the insurgents, n anicipa! law may 
 "clencli tho nail which war has driven, may hang, after legal process, instead of 
 " shooting, and confiscate the whole instead of plundering a part. Hut u wise and 
 "civilized nation will exercise only so much of this legal vengeance, a.-j the interests 
 " of lasting order imperiously demand." 
 
 At s. 1-iC, he .says : "The jiossibility of iiitorroiin c in war dejiends on the con' 
 " tidenco wdiich the belligereuLs I't'posc in eaeli oiherV; good I'uifh, and this confi' 
 " dencc, on the unchangeable sacredncss of Irulli. Invert JJynkcrshoelc who allows 
 
" I'vopy kin.l of viol.ouf an-l evoiy i \n<\ of crnft, fins to («»y, In wonl-» wlrewly cUwl, 
 " ' viio <juicU<m omnoin .li)lum por.uit'.). wl:t [.orliiliii oxcopt .. Tliiit t'liith »hri bo 
 •' Itupt wifh hcri'ticH has Imm ileiiioil, but no one hiu nmintiiino.l tliut it U (o lie 
 " koj.i with ciun»lo3. 
 
 " Hiii'h being the uiuloubtuil [iriufiitlo oi' obliguti-.;. in war us woll iw In pouco, 
 "wurls oiinblol to put on a iniiUor t'onii, Cm- tliat i-oasoii, an.l 'o intor'nipt ita vio- 
 "lonco for a liirto, citiior toward-i partiiiilar lu'i-soiis or entirely * * ♦ 
 
 Ami ai,Miii (s. l.')3) ; '-The ell'ect of a Ireafy on ail ^'wuiulrf of eomiiliiiht for 
 " whieli a war wan mulei taken, is to abjimlon them ; or, in other words, all peaeo 
 "implies umnr.»t,f or oblivion of ail pii^l siibjeets of dispute, whotlior the mimo is 
 " expressly monlioricd in llic terms of llie liralyor not. Theyeariuot in f,'0o<l tuith 
 " bo revived agnin, altliough » repetition of tho suiuo ..tfs ma/ bo righteous 
 "ground of a new war. An ab-ilract or general right, however, if passed over in ti 
 "treaty, is not thereby waive I." 
 
 Now, if the rules laid down !iy tho-e writers 'ire to bo taken as 'aw, as un- 
 doubtedly they are, because they are adopted by all writers on tho subject, and 
 more particularly because they mo b.is.d ii|.uii jnsiice ami oiiuity, could it bo pre- 
 tended that a general amuosty is not <hir to all parties implicated \\ tho North-' Vest 
 difflcuities! 
 
 TInvo those parties a right to ei.iim ll ? 
 Is it not truo: 
 
 ). Ti.at they wore assured, by the reprosenlativo of tho Government, that tho 
 nninosty would bo granted on certain conditions? 
 
 2. TliatrtlKil fact was cominnnicated to llicdovernnient of Canada, which uctod 
 t Qp _lt aiid bon»fi<'od by it ? 
 
 :j. That tho least that can be said, is, thai the delegates of tii(jso parties, and 
 through thoni the insurgents themselves, were made to 1 eliov(! that if they would 
 do as they have afterwards done, thoy would get amnesty without restriction? 
 
 4. That tho stipulated conditions have been fidtilled by tlie insui'genta and ac- 
 cepted by the Government ? 
 
 There can but be an alUrnuitive an>-Yer lo each of those questions. 
 Lt.-Govornoi- Archibald states in his e.'idence: "Tho people wore undoubtedly 
 " convjicod tl.at there was to be mi amnesty. J could not form any conclusion as 
 " to whether or not tho people would have taken a dilVerent line if thoy had not 
 "been satisfiefl that there was to be an amne<ly.' 
 
 In thoir address to Lieutenant-tiovernor Archibald, Iho iidiabitants of tho parish 
 of St. Norbert said : •■Your Excellency will neverlhcless allow us to say that 'VC 
 " must not conceal from you that an essential feature is sliii wanting; we, iievcr- 
 " theloss, expect it with conlidence, seeing dial it iia>. been promised uh by men whose 
 '■■ words were never spokin in rnin. Your Ivscelleney in person has assured us that all 
 " that has boon guaranteed by treaty caiuiot but l)o granted." 
 
 Do not all I'-e facts and circumslancc-; prove the conviction and belief of those 
 parties ? 
 
 Another reason why, according to all laws, a general amnesty siiould be granted 
 i8 that Mr. Archibald, as Lieutenant.trovi rnoi^ of Manitoba and Her Majesty's repre- 
 sentative during tho Fenian invasion of O.tobor, t^Tl, accoiiled the servicea of Eiel 
 and olhor leaders of the insurrection, lo organize their compatriots, over whom they 
 woreknowii lo have an in,...ieP.^.,. intlucnue. J le exchanged correspondence with 
 them, promised them protection if they would hely to repel the Fenians, and after 
 
10 
 
 they hacM. -ought their f Vio.ulH tog.the.-. he mot the.n, cungmtulato^U^^^k 
 handH w.th then,, and enli.to-1 thorn to ,son-o ngain.t an enemy of Her ^^uje,. y !Z 
 wan th,:„ nn.uhng the country. He eommunu.«te.l all those facts to the Caidian 
 (lovcrnmont by his memorandum, No. !)(). 
 
 Referring to the matter in his o^•idenee, ho .ayn : " o„ ,..,,i„^, ,,,,,. , ^^^ 
 
 nothing ,n the course I took thul gives me any doubt as to its correctness I 
 
 '• would take it again under the like circunistances. li'ihc Donnuiou have at ,hhmo- 
 
 I' «,.).< th- Pronncc fn defend, and not onr to con,j,or, t/.n, ou-e it to the policy of fo.^ 
 
 ■ " oeamnre, etc. <i J J 
 
 Kovv can it be maintained that after Her Majesty's Government had requested 
 and accepted the services of these men, .-hose conduct, in those days of excitement ' 
 prevented a large portion of the >^orth.Wc.st population f..,,. Joining the invaders! 
 and thus contributed to discourage ami repel the enemy, and " /« l.rp that Province 
 in the Domain of Her MaMv,"ac,ovdh^S to Mr. Archibald's own expression -that 
 they are still to be treated as rebels, and refused an amnesty which has alroadvbeen 
 promised to them y I cannot believe it ; such a policy would be unprecedented in 
 the history of England, and, in my opinion, u misioHune. 
 
 When Lord Kimberley sent his despatch of the 24tli of July, 1873, otferinir in 
 the name of the.Imperial Government, to issue a proclamati.m m.t applying to' -ill 
 the parties implicated in those troubles, he, undoubtedly, considered the ease as an 
 ordimu-y one and, like many Canadians, had no knowledge of the tiicts disclosed by 
 the lleport of the Committee of the House of Commons oa (he N.-rlh-West <lifHcul 
 ties; for had ho known such facts, he would certainly iuive aclod otherwise I 
 have no doubt that it is the duty of the Canadian Government to submit t'hafc 
 ^pvideuce to the Imperial Government, and to recommend th^ adopi[on W the policy 
 
 that, after Mt S^fmalSn onsil K i^amstiHlces, the Trii^i ,^« „ 
 
 find it their duty to proclaim a general amnesty, ox-tending to all"pa7tio3 iZuC 
 and covering all acts perpetrated by them as in,surgents in the -Yorfch-Wost distur' 
 bances during the years 18C0 and 18T0, without exception or restriction for the 
 above mentioned reasons. ' 
 
 Moreover, it appears, both from the evidence of many of (he Jinglish settlors 
 before the Committee, and from vho ad.lresses iinanimouslv adopted by the two 
 Houses of the Manitoba Legislature, in ihoir session of 1872, and upon which is 
 based their petition to Her Maj sty.-that the two races an.l ih, inhabitants of 
 Manitoba generally, understand that an amnesty was promiscJ, and are anxiou- that 
 the matter should be dcfiritively settled, and, as they say in their petition, that aU 
 questions connected with those trouhhs ahouJd he set at rest. 
 
 In my opinion, and under the present circumstances, this is a strong additional 
 reason in favor of the granting of a general amnesty, even as a more question of 
 policy. 
 
 Otta,. 1, Ist October, 1874.