No. 308.
Mr. West to Mr. Frelinghuysen.

Sir: Referring to your note of the 17th of April last, I have the honor to inclose herewith for the information of the United States Government copy of an approved report of a committee of the privy council of Canada embodying a report by the Indian commissioner of the Northwest Territories on the subject of the counter-proposals, for the prevention of Indian raids, contained therein, and in transmitting this document I have the honor to call your attention to the last paragraph of the memorandum of the Indian commissioner, annexed to the order in council.

I have, &c.,

L. S. SACKVILLE WEST.
[Inclosure 1.]

Report of a committee of the privy council for Canada, approved by the Governor-General on the 24th of July, 1883.

The committee of the privy council have had under consideration a dispatch dated 18th April, 1883, from the British minister at Washington, as to alleged forays of Indians on American territory, and transmitting correspondence from the Hon. Mr. Frelinghuysen, the United States Secretary of State, in which counter-proposals for the prevention of the raids complained of are made, based upon the agreements between the United States and Mexico.

The superintendent-general of Indian affairs, to whom the dispatch in question and correspondence were referred, submits a report, under date April, 1883, from the Hon. Edgar Dewdney, Indian commissioner for the Northwest Territories, and he concurs in the view by the Indian commissioner.

The committee recemmend that your excellency be moved to transmit a copy of this minute, when approved, together with a copy of the Indian commissioner’s report, to the British minister at Washington.

JOHN J. McGEE,
Cleric Privy Council for Canada.
[Inclosure 2.—Memorandum.]

In reference to the correspondence submitted to me by his excellency the Governor-General, conveying a counter-proposition from the United States Government for the prevention of Indian raids into their territories, based on an agreement between the [Page 528] United States and Mexico, providing for the reciprocal crossing of the international boundary line by the troops of the respective Governments in pursuit of savage Indians, I have the honor to report that I consider it would be very unwise for our Government to assent to such an arrangement.

I know of no circumstances which should warrant such exceptional measure being now taken.

The incursions of war parties of British Indians into the United States, as well as of American Indians into British territory, are getting less frequent than heretofore, and I fancy after this winter will have entirely ceased.

Our Crees and Assinniboines, who, up to last year, have been hunting the buffalo south of the line, will be compelled to go north and settle on their reserve. With these removed from the south there will be no Indians on the boundary line who will be likely to cause trouble in the United States territory.

During last winter a large number of our Indians wintered at Fort Walsh, and lam informed a couple of war parties started out with the avowed intention of recovering some horses stolen from them by the South Piegans, and, I believe, were successful. With-this exception I think our Indians have remained on our own territory.

Fort Walsh, a post which our worthless Indians have for some time made a rendezvous, is about to be abandoned. The police will, however, now that the railway runs to Maple Creek, within twenty-eight miles of Fort Walsh, be available at short notice for any work required on the frontier. A few men will be stationed at Maple Creek. Any further assistance required can be drawn at short notice from Regina, Medicine Hat, and in a month or two from Calgarry. There is also a detachment of police at Wood Mountain.

In a very short time I expect to see the south part of our territory pretty thickly settled. Wood Mountain has already a large settlement of half-breeds who intend to make that district their home. It would be very exasperating to them, who already think, rightly or wrongly, they have been harshly treated by the United States Government, to see American troops crossing our frontier in pursuit of Indians, their relations. I do not think they could be controlled if such were allowed.

The railway, which has reached Maple Creek, has opened the Fort Walsh district to white settlers, who are already crossing in large numbers, and as we have no desert or country that is likely to be unpopulated for a length of time along the boundary line between Fort Walsh and Wood Mountain, every acre almost being available for settlement, the arrangement as agreed upon between the United States Government and the Mexican Government would be of no effect in so short a time that I think we should not run the risk of complications worse than that of Indian raids. I see no objection to the course proposed to be taken by the United States Government towards our Indians who may be found south of the boundary line for the future, viz: to take from them their arms, horses, carts, robes and tents, and then put them across the boundary line.

They have now no excuse for crossing the frontier in large parties; the buffalo are too far south and too much scattered to be hunted to advantage by them for food; they have been warned by our agents that should they cross the line they must take the consequences.

Section 2134 of the Revised Statutes of the United States, to which reference is made in the dispatch of Mr. Sackville West to the Governor-General, provides for the punishment of foreigners entering the Indian country of the United States without a passport, and I presume that the reference to that section is to be accepted as a refusal on the part of the United States to entertain the propositions contained in the order in council of the 24th April, 1882, to the effect that a system of permits might be adopted to enable Indians of either country to cross the boundary for the purpose of hunting, and visiting relations.

By the same order in council it was suggested that some arrangement should be made between Her Majesty’s Government and that of the United States, by which Indians on either side should, on complaint under oath charging them with felonies or serious outrages against property, be arrested and surrendered for trial in the country where the offenses had been committed, notwithstanding that such offenses might not come under the terms of the existing extradition treaties.

The order in council also called attention to the statute of Canada 32, 33 Vic, cap. 21, sec. 112, which provides for the punishment of persons bringing into Canada property stolen in any other country.

As no reference to these suggestions is made in the papers transmitted by Mr. West, it might possibly be deemed well to again call the attention of the United States Government thereto.

Respectfully submitted.

E. DEWDNEY,
Indian Commissioner.