You will observe that the ministers of the Dominion report that no action
has been taken by the Canadian authorities with any intention of
interfering with United States jurisdiction.
[Inclosure.]
Extract from a report of the committee of the
honorable the privy council, approved by his excellency on the
8th January, 1896.
The committee of the privy council have had under consideration a
dispatch, hereto attached, dated 19th October, 1895, from Sir Julian
Pauncefote, inclosing a copy of a communication, dated 17th October,
1895, from the Secretary of State of the United States announcing
that representations had been made to the United States Government
that the Canadian department of marine and fisheries is taking steps
to secure evidence as to the channel in the Lake of the Woods around
Oak Island, with the alleged intention of claiming that that island
is within the territorial jurisdiction of the Dominion.
The minister of marine and fisheries, to whom the matter was
referred, observes that it is pointed out that the ownership of the
island in question has been conventionally determined, and attention
is drawn to Article VII of the treaty of Ghent, 24th December, 1814,
relating to the boundary between the United States and the North
American possessions of Great Britain, agreeing that commissioners
duly appointed should decide the ownership of the several islands
lying in waters forming boundaries, in conformity with the full
intent and meaning of the treaty of peace, 1783. Article II of the
Webster-Ashburton treaty of 9th August, 1842, is likewise cited in
further specifying the line of demarcation as referring to the
boundary in Lake of the Woods to run from “that point in Lac la
Pluie, or Rainy Lake, at the Chaudiere Falls, from which the
commissioners traced the line to the most northwestern point of the
Lake of the Woods.” Mr. Secretary Olney then proceeds to explain
that on the original map prepared by the commissioners, and upon
which the boundary line is traced, Oak Island is the island marked
No. 1, and its American character and occupancy have not admitted of
any doubt, while the reported extension of Canadian surveys to the
westward of the island is regarded as an intrusion upon United
States territory.
The minister states that the matter is therefore brought to the
attention of your excellency’s Government with a view to avoiding
any possible conflict between citizens
[Page 726]
of the United States having interests in Oak
Island and the Dominion officials, who, it is alleged, are seeking
to establish jurisdiction in that portion of the United States.
The minister observes that so far as the reported action of the
department of marine and fisheries is concerned the information
which has reached the State Department at Washington is entirely
without foundation. No survey whatever of the nature has been
undertaken in the vicinity by the department of marine and
fisheries, nor has any attempt been made to extend the territorial
jurisdiction of Canada, so far as the administration of affairs
controlled by the department of marine and fisheries is
concerned.
The minister further states that the only incident which has come
under his notice which might have been instrumental in leading to
rumor resulting in the representations to the United States
Government, is connected with the issue of fishing licenses in Lake
of the Woods.
It has been claimed by certain parties and supported by the opinion
of a number of old settlers that the boundary line followed the
steamboat channel, and that such channel was south of Oak Island.
Also, some inquiries were made at the time touching the identity of
the island laid down as No. 1 in the boundary map with that commonly
known as Oak Island. Beyond the authoritative establishment of the
boundary as laid down in the conventions cited by Mr. Secretary
Olney, and of the identity of the island designated as No. 1, the
department of marine and fisheries has had no concern whatever;
neither has it in any way suggested an expansion of territory or
jurisdiction beyond that conventionally conferred upon the
Crown.
The committee advise that your excellency be moved to forward a
certified copy of this minute to his excellency Her Majesty’s
ambassador at Washington, as well as to the right honorable Her
Majesty’s principal secretary of state for the colonies.
All of which is respectfully submitted for your excellency’s
approval.
John J. McGee, Clerk of the Privy Council.
