THE ROBINSON TREATIES
In consequence of the discovery of minerals, on the shores of Lakes
Huron and Superior, the Government of the late Province of Canada,
deemed it desirable, to extinguish the Indian title, and in order
to that end, in the year 1850, entrusted the duty to the late
Honorable William B. Robinson, who discharged his duties with great
tact and judgment, succeeding in making two treaties, which were
the forerunners of the future treaties, and shaped their course.
The main features of the Robinson Treaties--viz., annuities,
reserves for the Indians, and liberty to fish and hunt on the
unconceded domain of the Crown--having been followed in these
treaties. A special feature of the Robinson Treaties, was the
adjustment of a claim made by the Indians to be paid, the amount
received, by the Government, for the sale of mining locations. This
was arranged, by Mr. Robinson, agreeing to pay them, the sum of
L4,000 and an annuity of about L1,000, thus avoiding any dispute
that might arise as to the amounts actually received by the
Government. The number of Indians included in the treaties were
stated by Mr. Robinson to be: on Lake Superior, 1240, including 84
half-breeds; and on Lake Huron 1422, including 200 half-breeds.
[Footnote: The census return of the Department of the Interior
for the year 1878 gives the numbers of these Indians as follows:
Chippawas of Lake Superior ... 1,947. Chippawas of Lake Huron ...
1,458.] The relations of the Indians and half-breeds, have long
been cordial; and in the negotiations as to these initial treaties,
as in the subsequent ones, the claims of the half-breeds, to
recognition, was urged by the Indians.
I cannot do better, in giving information with regard to these
treaties, than simply to reproduce the Report of Mr. Robinson to
the Honorable Colonel Bruce, Superintendent-General of Indian
Affairs, in which he describes the course of his negotiations and
communicates their results. A copy of the treaties will be found in
the Appendix. The Report is as follows:
TORONTO, 24th September, 1850.
Sir:--I have the honor herewith to transmit the Treaty which on
the part of the Government I was commissioned to negotiate with
the tribes of Indians inhabiting the northern shore of Lakes Huron
and Superior; and I trust that the terms on which I succeeded in
obtaining the surrender of all the lands in question, with the
exception of some small reservations made by the Indians, may be
considered satisfactory. They were such as I thought it advisable
to offer, in order that the matter might be finally settled,
without having any just grounds of complaint on the part of the
Indians.
The Indians had been advised by certain interested parties to
insist on such extravagant terms as I felt it quite impossible to
grant; and from the fact that the American Government had paid
very liberally for the land surrendered by their Indians on the
south side of Lake Superior, and that our own in other parts of the
country were in receipt of annuities much larger than I offered, I
had some difficulty in obtaining the assent of a few of the chiefs
to my proposition.
I explained to the chiefs in council the difference between the
lands ceded heretofore in this Province and those then under
consideration, they were of good quality and sold readily at
prices which enabled the Government to be more liberal, they were
also occupied by the whites in such a manner as to preclude the
possibility of the Indian hunting over or having access to them
whereas the lands now ceded are notoriously barren and sterile, and
will in all probability never be settled except in a few localities
by mining companies, whose establishments among the Indians,
instead of being prejudicial, would prove of great benefit as they
would afford a market for any things they may have to sell, and
bring provisions and stores of all kinds among them at reasonable
prices.
Neither did the British Government contemplate the removal of the
Indians from their present haunts to some (to them) unknown region
in the far West, as had been the case with their brethren on the
American side.
I told them that the two chiefs who were in Toronto last winter
(Shinguacouse and Nebennigoebing) only asked the amount which the
Government had received for mining locations, after deducting the
expenses attending their sale. That amount was about eight thousand
pounds which the Government would pay them without any annuity
or certainty of further benefit; or one-half of it down, and an
annuity of about one thousand pounds.
There were twenty-one chiefs present, about the same number of
principal men, and a large number of other Indians belonging to
the different bands, and they all preferred the latter proposition,
though two of them (Shinguacouse and Nebennigoebing) insisted on
receiving an annuity equal to ten dollars per head.
The chiefs from Lake Superior desired to treat separately for their
territory and said at once in council that they accepted my offer.
I told them that I would have the treaty ready on the following
morning, and I immediately proceeded to prepare it, and as agreed
upon they signed it cheerfully at the time appointed.
I then told the chiefs from Lake Huron (who were all present when
the others signed) that I should have a similar treaty ready for
their signature, the next morning when those who signed it would
receive their money; and that as a large majority of them had
agreed to my terms I should abide by them.
I accordingly prepared the treaty and proceeded on the morning of
the ninth instant to the council-room to have it formally executed
in the presence of proper witnesses--all the chiefs and others were
present. I told them I was then ready to receive their signatures;
the two chiefs, Shinguacouse and Nebennigoebing, repeated their
demand of ten dollars a head by way of annuity, and also insisted
that I should insert in the treaty a condition securing to some
sixty half-breeds a free grant of one hundred acres of land each.
I told them they already had my answer as to a larger annuity, and
that I had no power to give them free grants of land. The other
chiefs came forward to sign the treaty and seeing this the two who
had resisted up to this time also came to the table and signed
first, the rest immediately following.
I trust his Excellency will approve of my having concluded the
treaty on the basis of a small annuity and the immediate and final
settlement of the matter, rather than paying the Indians the full
amount of all moneys on hand, and a promise of accounting to them
for future sales. The latter course would have entailed much
trouble on the Government, besides giving an opportunity to evil
disposed persons to make the Indians suspicious of any accounts
that might be furnished.
Believing that His Excellency and the Government were desirous
of leaving the Indians no just cause of complaint on their
surrendering the extensive territory embraced in the treaty, and
knowing there were individuals who most assiduously endeavored to
create dissatisfaction among them, I inserted a clause securing to
them certain prospective advantages should the lands in question
prove sufficiently productive at any future period to enable the
Government without loss to increase the annuity. [Footnote: The
annuities under these treaties have recently been increased, the
following item having been inserted in the Supplies Act of Canada,
viz., "Annual grant to bring up annuities payable under the
Robinson Treaty to the Chippawas of Lakes Huron and Superior, from
96 cents to $4 per head, $14,000."] This was so reasonable and just
that I had no difficulty in making them comprehend it, and it in a
great measure silenced the clamor raised by their evil advisers.
In allowing the Indians to retain reservations of land for their
own use I was governed by the fact that they in most cases asked
for such tracts as they had heretofore been in the habit of using
for purposes of residence and cultivation, and by securing these to
them and the right of hunting and fishing over the ceded territory,
they cannot say that the Government takes from their usual means of
subsistence and therefore have no claims for support, which they no
doubt would have preferred, had this not been done. The reservation
at Garden River is the largest and perhaps of most value, but as
it is occupied by the most numerous band of Indians, and from its
locality (nine miles from the Sault) is likely to attract others
to it, I think it was right to grant what they expressed a desire
to retain. There are two mining locations at this place, which
should not be finally disposed of unless by the full consent of
Shinguacouse and his band; they are in the heart of the village and
shew no indications of mineral wealth, they are numbered 14 and 15
on the small map appended to Messrs. Anderson and Vidal's report.
I pledged my word on the part of the Government that the sale of
these locations should not be completed, and as the locatees have
not, I believe, complied with the conditions of the Crown Lands
Department there can be no difficulty in cancelling the
transaction.
The chiefs are desirous that their several reservations should
be marked by proper posts or monuments, and I have told them the
Government would probably send some one next spring for that
purpose. As I know many of the localities I shall be able to give
the necessary information when required.
When at Sault Ste. Marie last May, I took measures for ascertaining
as nearly as possible the number of Indians inhabiting the
north shore of the two lakes; and was fortunate enough to get
a very correct census, particularly of Lake Superior. I found
this information very useful at the council, as it enabled me
successfully to contradict the assertion (made by those who were
inciting the chiefs to resist my offers) that there were on Lake
Superior alone, eight thousand Indians. The number on that lake,
including eighty-four half-breeds, is only twelve hundred and
forty--and on Lake Huron, about fourteen hundred and twenty-two,
including probably two hundred half-breeds, and when I paid the
Indians they acknowledged they knew of no other families than
those on my list.
The number paid, as appears on the pay list, does not show the
whole strength of the different bands, as I was obliged at their
own request to omit some members of the very large families.
I have annexed to this Report the names of the chiefs, their
localities, and number of souls in each band as recognized by me
in apportioning the money, thinking it will be useful when paying
the annuity hereafter.
This information may I believe be fully relied on for Lake
Superior, but the census for Lake Huron is not so perfect; and I
would suggest that Captain Ironside should be furnished with copies
of that document and also of the pay-lists in order that he may
correct in time any errors that are found to exist.
As the half-breeds at Sault Ste. Marie and other places may seek to
be recognized by the Government in future payments, it may be well
that I should state here the answer that I gave to their demands on
the present occasion. I told them I came to treat with the chiefs
who were present, that the money would be paid to them--and their
receipt was sufficient for me--that when in their possession they
might give as much or as little to that class of claimants as they
pleased. To this no one, not even their advisers, could object,
and I heard no more on the subject. At the earnest request of the
chiefs themselves I undertook the distribution of the money among
their respective bands and all parties expressed themselves
perfectly satisfied with my division of their funds.
On my arrival at Penetanguishene I found the chiefs Yellowhead and
Snake, from Lake Simcoe, and Aissance, from Beausoleil's Island,
waiting to see me, to prefer their claim to a small tract of land
between Penetanguishene and the vicinity of the River Severn. I
was aware of their intending to make such a claim and took the
precaution of asking the chiefs assembled in council at the Sault
whether it was well founded, they emphatically declared that those
chiefs had no claim on Lake Huron, that they had long since ceded
their lands and were in the receipt of a large annuity, this I
believe to be the case and Captain Anderson, whom I met there,
is of the same opinion; but I promised to inquire into it and
give them an answer, and I will therefore thank you to cause the
necessary information from your office to be furnished to me on the
subject. Should it appear that these chiefs have any claim I think
I could get their surrender of it for a small amount, and there
remain sufficient funds at my disposal for the purpose.
The Canadians resident on the lands just surrendered at Sault Ste.
Marie are very anxious to obtain titles to the land on which they
have long resided and made improvements; they applied to me after
the treaty and I advised them to memorialize the Government the
usual way setting forth the manner in which they were put in
possession by the military authorities of the time, and that I had
little doubt that the Government would do them justice. I think the
survey of the tract should be made so as to interfere as little as
possible with their respective clearings and that those who can
show a fair claim to the favorable consideration of the Government
should be liberally dealt with.
It will be seen on referring to the treaty that I have kept within
the amount at my disposal. Of the L4,160 agreed by me to be paid
to the Indians of both lakes, there remains L75 unexpended. I could
not from the information I possessed tell exactly the number of
families I should have to pay, and thought it prudent to reserve a
small sum to make good any omissions, there may still be a few who
will prefer claims, though I know of none at present. If not, the
amount can be paid next year with the annuity to such families as
are most deserving; or it may be properly applied in extinguishing
the claim made by the Lake Simcoe Indians, should it appear on
inquiry to be just.
The whole amount given to me in August was L5,033 6s. 8d., of this
sum their remains L800, which I have placed in the Bank of Upper
Canada to the credit of the Receiver-General, and I have prepared
a detailed account of the whole, which with the proper vouchers, I
shall deliver to the Accountant of the Crown Lands Department.
I have much pleasure in acknowledging the valuable assistance
afforded me by all the officers of the Honorable the Hudson's Bay
Company resident on the lakes; and the prompt manner in which their
Governor, Sir George Simpson, kindly placed their services at my
disposal.
The report made last year by Messrs. Anderson and Vidal I found of
much use to me, and the long services and experience of the former
gentleman in Indian affairs enabled him to give me many valuable
suggestions.
Captain Cooper and his officers by attending at the council, and
otherwise, gave me most cheerfully all the aid in their power;
and Captain Ironside, of your Department, with his assistant,
Assickinach, were of essential service to me.
I found it absolutely necessary to have the aid of some one in
taking the census of the Lake Huron Indians at the time they were
receiving their presents at Manitoulin; and as Captain Ironside
was fully occupied in attending to his own duty, I requested Mr.
Keating, who had long known the Indians on that lake, to give me
his assistance. This he cheerfully and very efficiently did, and
afterwards was with me in distributing and paying out the money.
I have, in course of my negotiations with the Indians on the
present occasion, collected some information which may be useful
to your Department and will at an early day send it to you.
I will thank you to lay the two treaties accompanying this Report
before His Excellency, and trust they may meet with his approval.
I have, &c.,
(Signed) W. B. ROBINSON.
THE HON. COL. BRUCE,
Superintendent-General, Indian Affairs.