THE ADMINISTRATION OF THE TREATIES--THE HALF-BREEDS--THE FUTURE
OF THE INDIAN TRIBES
Having placed before my readers, a history of the treaties of
Canada with the Indian tribes, of Manitoba, the North-West
Territories and Kee-wa-tin, I now proceed, in conclusion, to deal
with the administration of these treaties and to consider the
future of these interesting aboriginal races. I remark in the first
place that the provisions of these treaties must be carried out
with the utmost good faith and the nicest exactness. The Indians of
Canada have, owing to the manner in which they were dealt with for
generations by the Hudson's Bay Company, the former rulers of these
vast territories, an abiding confidence in the Government of the
Queen, or the Great Mother, as they style her. This must not, at
all hazards, be shaken. It can be easily and fully maintained. The
treaties are all based upon the models of that made at the Stone
Fort in 1871 and the one made in 1873 at the north-west angle of
the Lake of the Woods with the Chippewa tribes, and these again are
based, in many material features, on those made by the Hon. W. B.
Robinson with the Chippewas dwelling on the shores of Lakes Huron
and Superior in 1860.
These may be summarized thus:
1. A relinquishment, in all the great region from Lake Superior to
the foot of the Rocky Mountains, of all their right and title to
the lands covered by the treaties, saving certain reservations for
their own use, and
2. In return for such relinquishment, permission to the Indians to
hunt over the ceded territory and to fish in the waters thereof,
excepting such portions of the territory as pass from the Crown
into the occupation of individuals or otherwise.
3. The perpetual payment of annuities of five dollars per head to
each Indian--man, woman and child. The payment of an annual salary
of twenty-five dollars to each Chief, and of fifteen dollars to
each Councillor, or head man, of a Chief (thus making them in a
sense officers of the Crown), and in addition, suits of official
clothing for the Chiefs and head men, British flags for the Chiefs,
and silver medals. These last are given both in the United States
and in Canada, in conformity with an ancient custom, and are much
prized and cherished by the Chiefs and their families. Frequently
the Indians have exhibited to me with pride, old medals issued,
with the likeness of the King before the American war of
Independence, and which have passed down as heirlooms of their
families. On one occasion a young Chief, who had come of age and
aspired to be recognized as a Chief, was decorated in my presence
with the old King George silver medal, by one of the band, to whom
it had been entrusted for safe keeping by the young man's father,
who was a Chief, with the charge that on the boy's coming of age,
it would be delivered over to him. The Chieftainships were at first
partly hereditary, partly won by deeds of daring and of leadership
against the foe. They are now generally elected, though the
tendency to hereditary succession still largely exists. The power
of the Chiefs has been much broken of late, and I am of opinion
that it is of importance to strengthen the hands of the Chiefs
and Councillors by a due recognition of their offices and respect
being shewn them. They should be strongly impressed with the belief
that they are officers of the Crown, and that it is their duty
to see that the Indians of their tribes obey the provisions of
the treaties. The importance of upholding the Chiefs, may be
illustrated by an incident which occurred near Fort Ellice, after
the making of the treaty. A party composed of three men and the
wife of one of them, were travelling as freighters; two of the
men were Half-breeds, the other a Canadian. One night, one of the
Half-breeds shot the Canadian, and attempted to kill the other
Half-breed, who fled to an Indian camp in the vicinity. The Chief
of the band was there, and he at once took his young men with him,
proceeded to the scene of the murder, and after making the offender
a prisoner, took him to the nearest police station and delivered
him to the authorities. The culprit was subsequently tried in
Manitoba, convicted of murder and hanged. For this action the Chief
received the thanks of His Excellency the Earl of Dufferin, then
Governor-General of Canada. This case affords an illustration of
the value of the recognition of the Chiefs of the various bands,
and shews of how much advantage, it is to the Crown to possess so
large a number of Indian officials, duly recognized as such, and
who can be inspired with a proper sense of their responsibility to
the Government and to their bands, as well as to others. In all the
negotiations for treaties, the Chiefs took a controlling part, and
generally exhibited great common sense and excellent judgment. It
is therefore of the utmost importance to retain their confidence
and cause their office to be recognized and respected by both
whites and Indians.
4. The allotment of lands to the Indians, to be set aside as
reserves for them for homes and agricultural purposes, and which
cannot be sold or alienated without their consent, and then only
for their benefit; the extent of lands thus set apart being
generally one section for each family of five. I regard this
system as of great value. It at once secures to the Indian tribes
tracts of land, which cannot be interfered with, by the rush of
immigration, and affords the means of inducing them to establish
homes and learn the arts of agriculture. I regard the Canadian
system of allotting reserves to one or more bands together, in the
localities in which they have had the habit of living, as far
preferable to the American system of placing whole tribes, in large
reserves, which eventually become the object of cupidity to the
whites, and the breaking up of which, has so often led to Indian
wars and great discontent even if warfare did not result. The
Indians, have a strong attachment to the localities, in which they
and their fathers have been accustomed to dwell, and it is
desirable to cultivate this home feeling of attachment to the soil.
Moreover, the Canadian system of band reserves has a tendency to
diminish the offensive strength of the Indian tribes, should they
ever become restless, a remote contingency, if the treaties are
carefully observed. Besides, the fact of the reserves being
scattered throughout the territories, will enable the Indians to
obtain markets among the white settlers, for any surplus produce
they may eventually have to dispose of. It will be found desirable,
to assign to each family parts of the reserve for their own use, so
as to give them a sense of property in it, but all power of sale or
alienation of such lands should be rigidly prohibited. Any
premature enfranchisement of the Indians, or power given them to
part with their lands, would inevitably lead to the speedy breaking
up of the reserves, and the return of the Indians to their
wandering mode of life, and thereby to the re-creation of a
difficulty which the assignment of reserves was calculated to
obviate. There is no parallel between the condition of the
North-Western Indians, and that of the Indians who have so long
been under the fostering care of the Government in the older
Provinces of Ontario and Quebec.
5. A very important feature of all the treaties, is the giving to
the Indian bands, agricultural implements, oxen, cattle (to form
the nuclei of herds), and seed grain.
The Indians are fully aware that their old mode of life is passing
away. They are not "unconscious of their destiny;" on the contrary,
they are harassed with fears as to the future of their children and
the hard present of their own lives. They are tractable, docile,
and willing to learn. They recognize the fact that they must seek
part of their living from "the mother earth," to use their own
phraseology. A Chief at Fort Pitt said to me,--"I got a plough from
Mr. Christie of the Company twelve years ago. I have no cattle; I
put myself and my young men in front of it in the spring, and drag
it through the ground. I have no hoes; I make them out of the roots
of trees. Surely, when the Great Mother hears of our needs, she
will come to our help." [Footnote: This band a year ago raised
sufficient farm produce to support themselves without hunting.]
Such a disposition as this should be encouraged. Induce the Indians
to erect houses on their farms, and plant their "gardens" as they
call them, and then while away on their hunts, their wives and
children will have houses to dwell in, and will care for their
patches of corn and grain and potatoes. Then, too, the cattle given
them will expand into herds. It is true that the number assigned
to each band is comparatively limited, and the Government are
not bound to extend the number. This was done advisedly, by the
successive Governments of Canada, and the Commissioners, acting
under their instructions; for it was felt, that it was an
experiment to entrust them with cattle, owing to their inexperience
with regard to housing them and providing fodder for them in
winter, and owing, moreover, to the danger of their using them for
food, if short of buffalo meat or game. Besides, it was felt, that
as the Indian is, and naturally so, always asking, it was better,
that if the Government saw their way safely to increase the number
of cattle given to any band, it should be, not as a matter of
right, but of grace and favor, and as a reward for exertion in
the care of them, and as an incentive to industry. Already, the
prospect of many of the bands turning their attention to raising
food from the soil is very hopeful. In the reserve of St. Peter's,
in Manitoba, the Church of England has for many years had a church
and mission, and long before the advent of Canada as ruler of the
lands, the Indians of the Indian settlement had their houses and
gardens, the produce of which, went to supplement the results of
fishing and hunting. And so on the shores and islands of the Lake
of the Woods and on Rainy Lake, the Indians had their gardens.
Since the treaties, the Indians are turning their attention
much more to cultivating the soil. The Indian district agent in
the Qu'Appelle region, reported in November, 1878, that of the
twenty-four bands in this treaty, eleven are gradually turning
their attention to farming, and of these Chief Cote, of Swan River,
is the most advanced, having harvested that year two hundred and
eighty bushels of barley, over three thousand bushels of potatoes,
and a large quantity of other vegetables. The increase from the
four cows he received two years since is eleven head. This may
appear large, but such is the fact.
Lieut.-Gov. Laird reported in 1877, "That some of the bands within
the limits of Treaties Numbers Four and Six sowed grain and
potatoes with good results that year, one band having about one
hundred acres under cultivation." He also states that the Indians
are very desirous of farming, and that he has hopes that a much
larger quantity of seed will be sown next year (1879). He also
states that the band at White Fish Lake, raised enough that year to
maintain themselves without going to hunt. The Superintendent also
reported that in the Manitoba superintendency "a general desire to
be taught farming, building and other civilized arts exists, and
some of the Indians in Treaty Number Three, living in the vicinity
of Fort Francis, are said to evince enterprise and progress in
their farming operations." At Lac Seule, also in this treaty, the
progress of the Indians is quite marked. They have established two
villages in order to have the benefit of schools.
The Indian agent in the Lake Manitoba district makes a similar
statement. One band has eighteen small farms of one hundred acres
in all, on which they raise potatoes, Indian corn and garden
vegetables. They have twenty-nine houses, twenty-four horses, and
thirty-six head of cattle, of their own. Another built during the
year a good school-house, nineteen new houses, and had one hundred
and twenty-five acres under cultivation. Another had just begun
farming, built six houses, two stables and a barn, and possess
seven head of cattle. Still another had twenty-three houses and one
hundred and fifty acres under tillage, raising barley, wheat,
potatoes and vegetables, and having thirty-six head of cattle. It
is unnecessary to multiply instances, of the aptitude, the Indians
are exhibiting, within so recent a period after the completion of
the treaties, to avail themselves of obtaining their subsistence
from the soil. Their desire to do so, should be cultivated to the
fullest extent. They are, of course, generally ignorant of the
proper mode of farming. In the year 1876, I reported to the
Minister of the Interior, the Hon. David Mills, after my return
from the negotiation of the treaties at Forts Carlton and Pitt,
"that measures ought to be taken to instruct the Indians in farming
and building."
I said "that their present mode of living is passing away; the
Indians are tractable, docile and willing to learn. I think that
advantage should be taken of this disposition to teach them to
become self-supporting, which can best be accomplished by the aid
of a few practical farmers and carpenters to instruct them in
farming and house-building."
This view was corroborated by my successor, Lieutenant-Governor
Laird, who in 1878 reported from Battleford "that if it were
possible to employ a few good, practical men to aid and instruct
the Indians at seed time, I am of opinion that most of the bands on
the Saskatchewan would soon be able to raise sufficient crops to
meet their most pressing wants."
It is satisfactory to know, that the Government of Canada, decided
to act on these suggestions, at least in part, and have during the
past summer sent farm instructors into the Plain country. It is to
be hoped, that this step may prove as fruitful of good results, as
the earnest desire of the Indians to farm would lead us to believe
it may be.
SCHOOLS
6. The treaties provide for the establishment of schools, on the
reserves, for the instruction of the Indian children. This is a
very important feature, and is deserving of being pressed with the
utmost energy. The new generation can be trained in the habits and
ways of civilized life--prepared to encounter the difficulties with
which they will be surrounded, by the influx of settlers, and
fitted for maintaining themselves as tillers of the soil. The
erection of a school-house on a reserve will be attended with
slight expense, and the Indians would often give their labour
towards its construction.
7. The treaties all provide for the exclusion of the sale of
spirits, or "fire-water," on the reserves. The Indians themselves
know their weakness. Their wise men say, "If it is there we will
use it, give us a strong law against it." A general prohibitory
liquor law, originally enacted by the North-West Council and
re-enacted by the Parliament of Canada, is in force in the
North-West Territories and has been productive of much benefit, but
will, in the near future, be difficult of enforcement owing to the
vast extent of the territory.
Such are the main features of the treaties between Canada and the
Indians, and, few as they are, they comprehend the whole future of
the Indians and of their relations to the Dominion.
MACHINERY OF GOVERNMENT
To carry them out, the treaty area has been divided into two
Superintendencies, that of Manitoba, including Treaties Numbers
One, Two, Three and Four, and that of the North-West Territories,
including Treaties Numbers Five, Six and Seven. Mr. Dewdney, late
a Member of the House of Commons from British Columbia, has
recently been appointed to the latter Superintendency as Chief
Superintendent, and has spent the summer among the Indian tribes.
He has had large experience among Indians, and will prove, I have
no doubt, an efficient and able officer. His residence will be
in his Superintendency, and he will be able to meet the Indians
and supervise his deputies. Under the Superintendents are agents
having charge of particular districts and the bands within them,
who reside among them. The Chief Superintendents and agents are
officers of the Department of the Interior, and are directed by and
report to the Deputy Superintendent of Indian Affairs at Ottawa,
Lawrence Vankoughnet, Esq., who has had long experience of Indian
management in the older Provinces, and his superior, Col. Dennis,
Deputy Minister of the Interior, who had a large practical
acquaintance with the North-West, and the head of the Department,
now the Premier of the Dominion, the Right Hon. Sir John Macdonald.
The system of management is thus a complete one, and doubtless, day
by day, its mode of management, will be perfected and adapted to
the growing exigencies and wants of the native population.
THE HALF-BREEDS
Ere passing from the subject, I cannot refrain from alluding to the
Half-breed population of the North-West Territories. Those people
are mainly of French Canadian descent, though there are a few of
Scotch blood in the territories. Their influence with the Indian
population is extensive. In Manitoba there is a large population of
French Metis and Scotch Half-breeds, and they are proud of their
mixed blood. This race is an important factor with regard to all
North-West questions. His Excellency the Earl of Dufferin, with his
keen appreciation of men and facts, astutely seized the position
and thus referred to them in his speech at a banquet in his honor,
given by the citizens of the whilome hamlet, and now city of
Winnipeg, on the occasion of his visit to the Province of Manitoba
in the year 1877.
"There is no doubt that a great deal of the good feeling thus
subsisting between the red men and ourselves is due to the
influence and interposition of that invaluable class of men the
Half-breed settlers and pioneers of Manitoba, who, combining as
they do the hardihood, the endurance and love of enterprise
generated by the strain of Indian blood within their veins, with
the civilization, the instruction, and the intellectual power
derived from their fathers, have preached the Gospel of peace and
good will, and mutual respect, with equally beneficent results to
the Indian chieftain in his lodge and to the British settler in the
shanty. They have been the ambassadors between the east and the
west; the interpreters of civilization and its exigencies to the
dwellers on the prairie as well as the exponents to the white men
of the consideration justly due to the susceptibilities, the
sensitive self-respect, the prejudices, the innate craving for
justice, of the Indian race. In fact they have done for the colony
what otherwise would have been left unaccomplished and have
introduced between the white population and the red man a
traditional feeling of amity and friendship which but for them it
might have been impossible to establish."
For my own part, I can frankly say, that I always had the
confidence, support and active co-operation of the Half-breeds of
all origins, in my negotiations with the Indian tribes, and I owe
them this full acknowledgment thereof. The Half-breeds in the
territories are of three classes--1st, those who as at St. Laurent,
near Prince Albert, the Qu'Appelle Lakes and Edmonton, have their
farms and homes; 2nd, those who are entirely identified with the
Indians, living with them, and speaking their language; 3rd, those
who do not farm, but live after the habits of the Indians, by the
pursuit of the buffalo and the chase.
As to the first class, the question is an easy one. They will, of
course, be recognized as possessors of the soil, and confirmed by
the Government in their holdings, and will continue to make their
living by farming and trading.
The second class have been recognized as Indians, and have passed
into the bands among whom they reside.
The position of the third class is more difficult. The loss of the
means of livelihood by the destruction of the buffalo, presses upon
them, as upon our Indian tribes; and with regard to them I reported
in 1876, and I have seen no reason to change my views, as follows:
"There is another class of the population in the North-West whose
position I desire to bring under the notice of the Privy Council. I
refer to the wandering Half-breeds of the plains, who are chiefly
of French descent and live the life of the Indians. There are a few
who are identified with the Indians, but there is a large class of
Metis who live by the hunt of the buffalo, and have no settled
homes. I think that a census of the numbers of these should be
procured, and while I would not be disposed to recommend their
being brought under the treaties, I would suggest that land should
be assigned to them, and that on their settling down, if after an
examination into their circumstances, it should be found necessary
and expedient, some assistance should be given them to enable them
to enter upon agricultural operations."
FUTURE OF THE INDIANS
And now I come, to a very important question, What is to be the
future of the Indian population of the North-West? I believe it to
be a hopeful one. I have every confidence in the desire and ability
of the present administration, as of any succeeding one, to carry
out the provisions of the treaties, and to extend a helping hand to
this helpless population. That, conceded, with the machinery at
their disposal, with a judicious selection of agents and farm
instructors, and the additional aid of well-selected carpenters,
and efficient school teachers, I look forward to seeing the
Indians, faithful allies of the Crown, while they can gradually be
made an increasing and self-supporting population.
They are wards of Canada, let us do our duty by them, and repeat in
the North-west, the success which has attended our dealings with
them in old Canada, for the last hundred years.
But the Churches too have their duties to fulfil. There is a common
ground between the Christian Churches and the Indians, as they all
believe as we do, in a Great Spirit. The transition thence to the
Christian's God is an easy one.
Many of them appeal for missionaries, and utter the Macedonian cry,
"come over and help us." The Churches have already done and are
doing much. The Church of Rome has its bishops and clergy, who have
long been laboring assiduously and actively. The Church of England
has its bishops and clergy on the shores of the Hudson's Bay, in
the cold region of the Mackenzie and the dioceses of Rupert's Land
and Saskatchewan. The Methodist Church has its missions on Lake
Winnipeg, in the Saskatchewan Valley, and on the slopes of the
Rocky Mountains. The Presbyterians have lately commenced a work
among the Chippewas and Sioux. There is room enough and to spare,
for all, and the Churches should expand and maintain their work.
Already many of the missionaries have made records which will live
in history: among those of recent times, Archbishop Tache, Bishop
Grandin, Pere Lacombe, and many others of the Catholic Church;
Bishops Machray, Bompas, Archdeacons Cochran and Cowley of the
Church of England; Revs. Messrs. Macdougall of the Wesleyan and
Nisbet of the Presbyterian Churches, have lived and labored, and
though some of them have gone to their rest, they have left and
will leave behind them a record of self-denial, untiring zeal, and
many good results. Let the Churches persevere and prosper.
And now I close. Let us have Christianity and civilization to
leaven the mass of heathenism and paganism among the Indian tribes;
let us have a wise and paternal Government faithfully carrying out
the provisions of our treaties, and doing its utmost to help and
elevate the Indian population, who have been cast upon our care,
and we will have peace, progress, and concord among them in the
North-West; and instead of the Indian melting away, as one of them
in older Canada, tersely put it, "as snow before the sun," we will
see our Indian population, loyal subjects of the Crown, happy,
prosperous and self-sustaining, and Canada will be enabled to feel,
that in a truly patriotic spirit, our country has done its duty by
the red men of the North-West, and thereby to herself. So may it
be.
[Illustration: NOTE.--The foregoing represents a copy of the
signatures of the contracting parties to the Selkirk Treaty, the
Indians signing by their own distinctive marks, and also affixing
their signs opposite the tracts of country claimed by them.]
APPENDIX
TEXTS OF TREATIES AND SUPPLEMENTARY ADHESIONS THERETO
THE SELKIRK TREATY
This indenture, made on the eighteenth day of July, in the
fifty-seventh year of the reign of our Sovereign Lord King George
the Third, and in the year of our Lord eighteen hundred and
seventeen, between the undersigned Chiefs and warriors of the
Chippeway or Saulteaux Nation and of the Killistine or Cree Nation,
on the one part, and the Right Honorable Thomas Earl of Selkirk, on
the other part:
Witnesseth, that for and in consideration of the annual present or
quit rent hereinafter mentioned, the said Chiefs have given,
granted and confirmed, and do, by these presents, give, grant and
confirm unto our Sovereign Lord the King all that tract of land
adjacent to Red River and Ossiniboyne River, beginning at the mouth
of Red River and extending along same as far as Great Forks at the
mouth of Red Lake River, and along Ossiniboyne River, otherwise
called Riviere des Champignons, and extending to the distance of
six miles from Fort Douglas on every side, and likewise from Fort
Doer, and also from the Great Forks and in other parts extending in
breadth to the distance of two English statute miles back from the
banks of the said rivers, on each side, together with all the
appurtenances whatsoever of the said tract of land, to have and to
hold forever the said tract of land and appurtenances to the use of
the said Earl of Selkirk, and of the settlers being established
thereon, with the consent and permission of our Sovereign Lord the
King, or of the said Earl of Selkirk. Provided always, and these
presents are under the express condition that the said Earl, his
heirs and successors, or their agents, shall annually pay to the
Chiefs and warriors of the Chippeway or Saulteaux Nation, the
present or quit rent consisting of one hundred pounds weight of
good and merchantable tobacco, to be delivered on or before the
tenth day of October at the forks of Ossiniboyne River--and to
the Chiefs and warriors of the Killistine or Cree Nation, a like
present or quit rent of one hundred pounds of tobacco, to be
delivered to them on or before the said tenth day of October, at
Portage de la Prairie, on the banks of Ossiniboyne River. Provided
always that the traders hitherto established upon any part of
the above-mentioned tract of land shall not be molested in the
possession of the lands which they have already cultivated and
improved, till His Majesty's pleasure shall be known.
In witness whereof the Chiefs aforesaid have set their marks, at
the Forks of Red River on the day aforesaid.
(Signed) SELKIRK.
MACHE WHESEAB, His x mark.
Le Sonnant.
MECHKADDEWIKONAIE, " x "
La robe noire.
KAYAJIESKEBINOA, " x "
L'Homme Noir.
PEGOWIS. " x "
OUCKIDOAT, " x "
Le Premier.
Signed in presence of
THOMAS THOMAS.
JAMES BIRD.
F. MATTHEY,
Captain.
P. D. ORSONNENS,
Captain.
MILES MACDONELL.
J. BTE. CHARLES DE LORIMIER.
LOUIS NOLIN,
Interpreter.
INDENTURE OF SALE FROM THE HUDSON'S BAY COMPANY TO THE EARL OF SELKIRK
This indenture, made the twelfth day of June, in the fifty-first
year of the reign of Our Sovereign Lord George the Third, by the
grace of God, of the United Kingdom of Great Britain and Ireland,
King, Defender of the Faith, and in the year of our Lord one
thousand eight hundred and eleven, between the Governor and Company
of Adventurers of England, trading into Hudson's Bay, of the one
part, and the Right Honorable Thomas Earl of Selkirk, of the other
part:
Whereas the said Governor and Company are seized to them and their
successors in fee simple, as absolute lords and proprietors of all
the lands and territories situate upon the coasts and confines of
the seas, streights, bays, lakes, rivers, creeks, and sounds,
within the entrance of the streights commonly called Hudson's
Streights, in the north-west part of America, and which lands and
territories are reputed as one of the plantations or colonies
belonging or annexed to the United Kingdom of Great Britain and
Ireland, and are called Rupert's Land.
And whereas the said Governor and Company have, for divers good and
valuable causes and considerations them thereunto moving, agreed to
convey and assure a certain tract or parcel of the said lands and
territories hereinafter described, unto and to the use of the said
Earl of Selkirk, his heirs and assigns, under and subject to
certain conditions hereinafter expressed and contained. Now,
therefore, this indenture witnesseth, that in pursuance of such
agreement, and in consideration of the sum of ten shillings of
lawful money of Great Britain to the said Governor and Company,
well and truly paid by the said Earl of Selkirk, at or before the
execution of these presents (the receipt whereof is hereby
acknowledged), and for divers good and other valuable causes and
considerations, them, the said Governor and Company hereunto
moving, the said Governor and Company have given, granted, aliened,
enfeoffed and confirmed, and by these presents do give, grant,
alien, enfeoff, and confirm unto the said Earl of Selkirk, his
heirs and assigns, all that tract of land or territory, being
within and forming part of the aforesaid lands and territories of
the said Governor and Company, bounded by an imaginary line running
as follows, that is to say: beginning on the western shore of the
Lake Winnipie, otherwise Winnipey, at a point in fifty-two degrees,
and thirty north latitude, and thence running due west to the Lake
Winnipegoos, otherwise called Little Winnipey, then in a southerly
direction through the said lake so as to strike its western shore
in latitude fifty-two degrees, then due west to the place where the
parallel of fifty-two degrees north latitude intersects the western
branch of Red River, otherwise called Assiniboyne River, then due
south from that point of intersection to the height of land which
separates the waters running into Hudson's Bay, from those of the
Missouri and Mississippi, then in an easterly direction along the
said height of land to the source of the River Winnipie, or
Winnipey (meaning by such last named river, the principal branch of
the waters which unite in Lake Saginagus), thence along the main
stream of these waters and the middle of the several lakes through
which they flow to the mouth of the Winnipie River, and thence in a
northerly direction through the middle of Lake Winnipie to the
place of beginning.
In witness whereof the said parties to these presents have hereunto
set their hands and seals the day and year first above written.
(Signed) SELKIRK. [L. S.]
ALEXANDER LEAN, [L. S.]
Secretary of the Hudson's Bay Company.
Indorsed.--Sealed under the common seal of the within mentioned
Governor and Company, and signed and delivered by Alexander Lean,
their Secretary, pursuant to their order and appointment, and
signed, sealed and delivered by the within mentioned Thomas, Earl
of Selkirk (being first duly stamped), in the presence of
ALEXANDER MUNDELL,
Parliament Street, Westminster.
EDWARD ROBERTS,
Hudson's Bay House.
Suit l'attestation ecrite et assermentie du premier de ces deux
temoins, Alex. Mundell, en presence du Maire de Londres.
Sworn at the Mansion House,
London, this twenty-third day (Signed) ALEXANDER MUNDELL.
of April, 1819, before me,
JOHN AIKINS, [L. S.]
Mayor.
Puis, Attestation notariee, in testimonium veritatis.
(Signed) WILLIAM DUFF,
Notary Public.
Be it remembered that on the fourth day of September, in the year
1812, at the Forks of Red River, peaceable possession of the land
and hereditaments by the within written indenture, granted and
enfeoffed, or otherwise assured or expressed, and intended so to
be, was taken, had and delivered, by the within named William
Hillier, one of the attorneys for that purpose appointed, unto the
within named Miles Macdonell, Esquire, who was duly authorized to
receive the same, to and for the use of the within named Earl of
Selkirk, his heirs and assigns according to the form and effect of
the within written indenture in the presence of
(Signed) JOHN McLEOD,
RODERICK McKENZIE.
THE ROBINSON SUPERIOR TREATY
This agreement, made and entered into on the seventh day of
September, in the year of Our Lord one thousand eight hundred and
fifty, at Sault Ste. Marie, in the Province of Canada, between
the Honorable William Benjamin Robinson, of the one part, on
behalf of Her Majesty the Queen, and Joseph Peandechat, John
Iuinway, Mishe-Muckqua, Totomencie, Chiefs, and Jacob Warpela,
Ahmutchiwagabou, Michel Shelageshick, Manitoshainse, and Chiginans,
principal men of the Ojibewa Indians inhabiting the Northern
Shore of Lake Superior, in the said Province of Canada, from
Batchewananng Bay to Pigeon River, at the western extremity of said
lake, and inland throughout the extent to the height of land which
separates the territory covered by the charter of the Honorable the
Hudson's Bay Company from the said tract, and also the islands in
the said lake within the boundaries of the British possessions
therein, of the other part, witnesseth:
That for and in consideration of the sum of two thousand pounds of
good and lawful money of Upper Canada, to them in hand paid, and
for the further perpetual annuity of five hundred pounds, the same
to be paid and delivered to the said Chiefs and their tribes at
a convenient season of each summer, not later than the first day
of August at the Honorable the Hudson's Bay Company's Posts of
Michipicoton and Fort William, they the said Chiefs and principal
men do freely, fully and voluntarily surrender, cede, grant and
convey unto Her Majesty, Her heirs and successors forever, all
their right, title and interest in the whole of the territory
above described, save and except the reservations set forth in
the schedule hereunto annexed, which reservations shall be held
and occupied by the said Chiefs and their tribes in common, for
the purposes of residence and cultivation,--and should the said
Chiefs and their respective tribes at any time desire to dispose
of any mineral or other valuable productions upon the said
reservations, the same will be at their request sold by order of
the Superintendent-General of the Indian Department for the time
being, for their sole use and benefit, and to the best advantage.
And the said William Benjamin Robinson of the first part, on behalf
of Her Majesty and the Government of this Province, hereby promises
and agrees to make the payments as before mentioned; and further to
allow the said Chiefs and their tribes the full and free privilege
to hunt over the territory now ceded by them, and to fish in the
waters thereof as they have heretofore been in the habit of doing,
saving and excepting only such portions of the said territory
as may from time to time be sold or leased to individuals, or
companies of individuals, and occupied by them with the consent of
the Provincial Government. The parties of the second part further
promise and agree that they will not sell, lease, or otherwise
dispose of any portion of their reservations without the consent of
the Superintendent-General of Indian Affairs being first had and
obtained; nor will they at any time hinder or prevent persons from
exploring or searching for minerals or other valuable productions
in any part of the territory hereby ceded to Her Majesty as before
mentioned. The parties of the second part also agree that in case
the Government of this Province should before the date of this
agreement have sold, or bargained to sell, any mining locations or
other property on the portions of the territory hereby reserved for
their use and benefit, then and in that case such sale, or promise
of sale, shall be perfected, if the parties interested desire it,
by the Government, and the amount accruing therefrom shall be paid
to the tribe to whom the reservation belongs. The said William
Benjamin Robinson on behalf of Her Majesty, who desires to deal
liberally and justly with all her subjects, further promises and
agrees that in case the territory hereby ceded by the parties of
the second part shall at any future period produce an amount which
will enable the Government of this Province without incurring loss
to increase the annuity hereby secured to them, then, and in that
case, the same shall be augmented from time to time, provided that
the amount paid to each individual shall not exceed the sum of one
pound provincial currency in any one year, or such further sum
as Her Majesty may be graciously pleased to order; and provided
further that the number of Indians entitled to the benefit of this
treaty shall amount to two-thirds of their present numbers (which
is twelve hundred and forty) to entitle them to claim the full
benefit thereof, and should their numbers at any future period not
amount to two-thirds of twelve hundred and forty, the annuity shall
be diminished in proportion to their actual numbers.
Schedule of Reservations made by the above named and subscribing
Chiefs and principal men.
First--Joseph Pean-de-chat and his tribe, the reserve to commence
about two miles from Fort William (inland), on the right bank of
the River Kiministiquia; thence westerly six miles, parallel to the
shores of the lake; thence northerly five miles, thence easterly to
the right bank of the said river, so as not to interfere with any
acquired rights of the Honorable Hudson's Bay Company.
Second--Four miles square at Gros Cap, being a valley near the
Honorable Hudson's Bay Company's post of Michipicoton, for
Totominai and tribe.
Third--Four miles square on Gull River, near Lake Nipigon, on both
sides of said river, for the Chief Mishimuckqua and tribe.
(Signed) W. B. ROBINSON.
JOSEPH PEAN-DE-CHAT. His x mark. [L. S.]
JOHN MINWAY. " x " [L. S.]
MISHE-MUCKQUA. " x " [L. S.]
TOTOMINAI. " x " [L. S.]
JACOB WAPELA. " x " [L. S.]
AH-MUTCHINAGALON. " x " [L. S.]
MICHEL SHELAGESHICK. " x " [L. S.]
MANITOU SHAINSE. " x " [L. S.]
CHIGINANS. " x " [L. S.]
Signed, sealed and delivered at Sault Ste. Marie, the day and year
first above written, in presence of--
(Signed) GEORGE IRONSIDE,
S. I. Affairs.
ASTLEY P. COOPER,
Capt. Com. Rifle Brig.
H. M. BALFOUR,
2nd Lieut. Rifle Brig.
JOHN SWANSTON,
C. F. Hon. Hud. Bay Co.
GEORGE JOHNSTON,
Interpreter.
F. W. KEATING.
THE ROBINSON HURON TREATY
This agreement, made and entered into this ninth day of September,
in the year of our Lord one thousand eight hundred and fifty, at
Sault Ste. Marie, in the Province of Canada, between the Honorable
William Benjamin Robinson, of the one part, on behalf of Her Majesty
the Queen, and Shinguacouse Nebenaigoching, Keokouse, Mishequonga,
Tagawinini, Shabokishick, Dokis, Ponekeosh, Windawtegowinini,
Shawenakeshick, Namassin, Naoquagabo, Wabakekik, Kitchepossigun,
by Papasainse, Wagemaki, Pamequonaisheung, Chiefs; and John Bell,
Paqwatchinini, Mashekyash, Idowekesis, Waquacomick, Ocheek,
Metigomin, Watachewana, Minwawapenasse, Shenaoquom, Oningegun,
Panaissy, Papasainse, Ashewasega, Kageshewawetung, Shawonebin; and
also Chief Maisquaso (also Chiefs Muckata, Mishoquet, and Mekis),
and Mishoquetto and Asa Waswanay and Pawiss, principal men of the
Ojibewa Indians, inhabiting and claiming the eastern and northern
shores of Lake Huron, from Penetanguishene to Sault Ste. Marie, and
thence to Batchewanaung Bay, on the northern shore of Lake Superior,
together with the Islands in the said Lakes, opposite to the shores
thereof, and inland to the height of land which separates the
territory covered by the charter of the Honorable Hudson's Bay
Company from Canada; as well as all unconceded lands within the
limits of Canada West to which they have any just claim, of the
other part, witnesseth:
That for and in consideration of the sum of two thousand pounds of
good and lawful money of Upper Canada, to them in hand paid, and
for the further perpetual annuity of six hundred pounds of like
money, the same to be paid and delivered to the said Chiefs and
their tribes at a convenient season of each year, of which due
notice will be given, at such places as may be appointed for that
purpose, they the said Chiefs and principal men, on behalf of their
respective tribes or bands, do hereby fully, freely and voluntarily
surrender, cede, grant, and convey unto Her Majesty, her heirs and
successors forever, all their right, title, and interest to, and in
the whole of, the territory above described, save and except the
reservations set forth in the schedule hereunto annexed; which
reservations shall be held and occupied by the said Chiefs and
their tribes in common, for their own use and benefit.
And should the said Chiefs and their respective tribes at any time
desire to dispose of any such reservations, or of any mineral or
other valuable productions thereon, the same will be sold or leased
at their request by the Superintendent-General of Indian Affairs
for the time being, or other officer having authority so to do, for
their sole benefit, and to the best advantage.
And the said William Benjamin Robinson of the first part, on behalf of
Her Majesty and the Government of this Province, hereby promises and
agrees to make, or cause to be made, the payments as before mentioned;
and further to allow the said Chiefs and their tribes the full and free
privilege to hunt over the territory now ceded by them, and to fish
in the waters thereof, as they have heretofore been in the habit of
doing; saving and excepting such portions of the said territory as may
from time to time be sold or leased to individuals or companies of
individuals, and occupied by them with the consent of the Provincial
Government.
The parties of the second part further promise and agree that they
will not sell, lease or otherwise dispose of any portion of their
Reservations without the consent of the Superintendent-General of
Indian Affairs, or other officer of like authority, being first had
and obtained. Nor will they at any time hinder or prevent persons
from exploring or searching for minerals, or other valuable
productions, in any part of the territory hereby ceded to Her
Majesty, as before mentioned. The parties of the second part also
agree, that in case the Government of this Province should before
the date of this agreement have sold, or bargained to sell, any
mining locations, or other property, on the portions of the
territory hereby reserved for their use; then and in that case such
sale, or promise of sale, shall be perfected by the Government, if
the parties claiming it shall have fulfilled all the conditions
upon which such locations were made, and the amount accruing
therefrom shall be paid to the tribe to whom the Reservation
belongs.
The said William Benjamin Robinson, on behalf of Her Majesty, who
desires to deal liberally and justly with all her subjects, further
promises and agrees, that should the territory hereby ceded by the
parties of the second part at any future period produce such an
amount as will enable the Government of this Province, without
incurring loss, to increase the annuity hereby secured to them,
then and in that case the same shall be augmented from time to
time, provided that the amount paid to each individual shall not
exceed the sum of one pound Provincial currency in any one year, or
such further sum as Her Majesty may be graciously pleased to order;
and provided further that the number of Indians entitled to the
benefit of this treaty shall amount to two-thirds of their present
number, which is fourteen hundred and twenty-two, to entitle them
to claim the full benefit thereof. And should they not at any
future period amount to two-thirds of fourteen hundred and
twenty-two, then the said annuity shall be diminished in proportion
to their actual numbers.
The said William Benjamin Robinson of the first part further
agrees, on the part of Her Majesty and the Government of this
Province, that in consequence of the Indians inhabiting French
River and Lake Nipissing having become parties to this treaty, the
further sum of one hundred and sixty pounds Provincial currency
shall be paid in addition to the two thousand pounds above
mentioned.
Schedule of Reservations made by the above-named subscribing Chiefs
and Principal Men.
First--Pamequonaishcung and his band, a tract of land to commence
seven miles, from the mouth of the River Maganetawang, and
extending six miles east and west by three miles north.
Second--Wagemake and his band, a tract of land to commence at a
place called Nekickshegeshing, six miles from east to west, by
three miles in depth.
Third--Kitcheposkissegan (by Papasainse), from Point Grondine
westward, six miles inland, by two miles in front, so as to include
the small Lake Nessinassung--a tract for themselves and their
bands.
Fourth--Wabakekik, three miles front, near Shebawenaning, by five
miles inland, for himself and band.
Fifth--Namassin and Naoquagabo and their bands, a tract of land
commencing near Quacloche, at the Hudson Bay Company's boundary;
thence westerly to the mouth of the Spanish River; then four miles
up the south bank of said river, and across to the place of
beginning.
Sixth--Shawenakishick and his band, a tract of land now occupied by
them, and contained between two rivers, called Whitefish River, and
Wanabitaseke, seven miles inland.
Seventh--Windawtegawinini and his band, the Peninsula east of Serpent
River, and formed by it, now occupied by them.
Eighth--Ponekeosh and his band, the land contained between the
River Mississaga and the River Penebewabecong, up to the first
rapids.
Ninth--Dokis and his band, three miles square at Wanabeyakokaun,
near Lake Nipissing and the Island near the Fall of Okickandawt.
Tenth--Shabokishick and his band, from their present planting
grounds on Lake Nipissing to the Hudson Bay Company's post, six
miles in depth.
Eleventh--Tagawinini and his band, two miles square at Wanabitibing,
a place about forty miles inland, near Lake Nipissing.
Twelfth--Keokouse and his band, four miles front from Thessalon
River eastward, by four miles inland.
Thirteenth--Mishequanga and his band, two miles on the lake shore
east and west of Ogawaminang, by one mile inland.
Fourteenth--For Shinguacouse and his band, a tract of land
extending from Maskinonge Bay, inclusive, to Partridge Point, above
Garden River on the front, and inland ten miles, throughout the
whole distance; and also Squirrel Island.
Fifteenth--For Nebenaigoching and his band, a tract of land
extending from Wanabekineyunnung west of Gros Cap to the boundary
of the lands ceded by the Chiefs of Lake Superior, and inland ten
miles throughout the whole distance, including Batchewanaunng Bay;
and also the small island at Sault Ste. Marie used by them as a
fishing station.
Sixteenth--For Chief Mekis and his band, residing at Wasaquesing
(Sandy Island), a tract of land at a place on the main shore
opposite the Island; being the place now occupied by them for
residence and cultivation, four miles square.
Seventeenth--For Chief Muckatamishaquet and his band, a tract of
land on the east side of the River Naishconteong, near Pointe aux
Barils, three miles square; and also a small tract in Washauwenega
Bay--now occupied by a part of the band--three miles square.
(Signed) W. B. ROBINSON.
SHINGUACOUSE. His x mark. [L. S.]
NEBENAIGOCHING. " x " [L. S.]
KEOKOUSE. " x " [L. S.]
MISHEQUONGA. " x " [L. S.]
TAGAWININI. " x " [L. S.]
SHABOKESHICK. " x " [L. S.]
DOKIS. " x " [L. S.]
PONEKEOSH. " x " [L. S.]
WINDAWTEGOWININI. " x " [L. S.]
SHAWENAKESHICK. " x " [L. S.]
NAMASSIN. " x " [L. S.]
MUCKATA MISHAQUET. " x " [L. S.]
MEKIS. " x " [L. S.]
MAISQUASO. " x " [L. S.]
NAOQUAGABO. " x " [L. S.]
WABOKEKICK. " x " [L. S.]
KITCHEPOSSEGUN " x " [L. S.]
(by Papasainse).
WAGEMAKE. " x " [L. S.]
PAMEQUONAISHCUNG. " x " [L. S.]
JOHN BELL. " x " [L. S.]
PAQWATCHININI. " x " [L. S.]
MASHEKYASH. " x " [L. S.]
IDOWEKESIS. " x " [L. S.]
WAQUACOMICK. " x " [L. S.]
MISHOQUETTO. " x " [L. S.]
ASA WASWANAY. " x " [L. S.]
PAWISS. " x " [L. S.]
OCHEEK. " x " [L. S.]
METIGOMIN. " x " [L. S.]
WATACHEWANA. " x " [L. S.]
MIMEWAWAPENASSE. " x " [L. S.]
SHENAOQUM. " x " [L. S.]
ONINGEGUN. " x " [L. S.]
PANAISSY. " x " [L. S.]
PAPASAINSE. " x " [L. S.]
ASHEWASEGA. " x " [L. S.]
KAGISHEWAWETUNG " x " [L. S.]
(by Baboncung).
SHAWONEBIN. " x " [L. S.]
Signed, sealed and delivered at Sault Ste. Marie, the day and year
first above written, in presence of
(Signed) ASTLEY P. COOPER,
Capt. Rifle Brig.
GEORGE IRONSIDE,
S. I. Affairs.
F. W. BALFOUR,
Lieut. Rifle Brig.
ALLAN MACDONELL.
GEO. JOHNSON,
Interpreter.
LOUIS CADOTT.
J. B. ASSIKINACK.
T. W. KEATING.
JOS. WILSON.
Witnesses to signatures of Muckata Mishaquet, Mekis, Mishoquetto,
Asa Waswanay, and Pawiss--
T. G. ANDERSON, S. I. A.
W. B. HAMILTON.
W. SIMPSON.
ALFRED A. THOMPSON.
THE MANITOULIN ISLAND TREATY
Articles of agreement and convention made and concluded at
Manitowaning, on the Great Manitoulin Island, in the Province of
Canada, the sixth day of October, Anno Domini 1862, between the
Hon. William McDougall, Superintendent-General of Indian Affairs,
and William Spragge, Esquire, Deputy Superintendent of Indian
Affairs, on the part of the Crown and Government of said Province,
of the first part, and Mai-she-quong-gai, Oke-mah-be-ness, J. B.
Assiginock, Benjamin Assiginock, Mai-be-nesse-ma, She-no-tah-gun,
George Ah-be-tos-o-wai, Paim-o-quo-waish-gung, Abence, Tai-bose-gai,
Ato-wish-cosh, Nai-wan-dai-ge-zhik, Wan-kan-o-say, Keesh-kewan-bik,
Chiefs and principal men of the Ottawa, Chippewa, and other Indians
occupying the said Island, on behalf of the said Indians, of the
second part:
Whereas, the Indian title to said Island was surrendered to the
Crown on the ninth August, Anno Domini 1836, under and by virtue of
a treaty made between Sir Francis Bond Head, then Governor of Upper
Canada, and the Chiefs and principal men of the Ottawas and
Chippewas then occupying and claiming title thereto, in order that
the same might "be made the property (under their Great Father's
control) of all Indians whom he should allow to reside thereon;"
And whereas, but few Indians from the mainland whom it was intended
to transfer to the Island, have ever come to reside thereon;
And whereas, it has been deemed expedient (with a view to the
improvement of the condition of the Indians, as well as the
settlement and improvement of the country), to assign to the
Indians now upon the Island certain specified portions thereof, to
be held by patent from the Crown, and to sell the other portions
thereof fit for cultivation to settlers, and to invest the proceeds
thereof, after deducting the expenses of survey and management, for
the benefit of the Indians;
And whereas, a majority of the Chiefs of certain bands residing on
that portion of the Island easterly of Heywood Sound and the
Manitoulin Gulf have expressed their unwillingness to accede to
this proposal as respects that portion of the Island, but have
assented to the same as respects all other portions thereof; and
whereas the Chiefs and principal men of the bands residing on the
Island westerly of the said Sound and Gulf have agreed to accede to
the said proposal:
Now this agreement witnesseth that in consideration of the sum of
seven hundred dollars now in hand paid (which sum is to be
hereafter deducted from the proceeds of lands sold to settlers),
the receipt whereof is hereby acknowledged, and in further
consideration of such sums as may be realized from time to time as
interest upon the purchase money of the lands to be sold for their
benefit as aforesaid, the parties hereto of the second part have
and hereby do release, surrender and give up to Her Majesty the
Queen, all the right, title, interest and claim of the parties of
the second part, and of the Ottawa, Chippewa and other Indians in
whose behalf they act, of, in and to the Great Manitoulin Island,
and also of, in and to the Islands adjacent, which have been deemed
or claimed to be appertinent or belonging thereto, to have and to
hold the same and every part thereof to Her Majesty, her heirs and
successors forever.
And it is hereby agreed by and between the parties hereto as
follows:
Firstly--A survey of the said Manitoulin Island shall be made as
soon as conveniently may be, under the authority of the Department
of Crown Lands.
Secondly--The Crown will, as soon as conveniently may be, grant by
deed for the benefit of each Indian being the head of a family and
residing on the said Island, one hundred acres of land; to each
single person over twenty-one years of age, residing as aforesaid,
fifty acres of land; to each family of orphan children under
twenty-one years of age, containing two or more persons, one
hundred acres of land; and to each single orphan child under
twenty-one years of age, fifty acres of land; to be selected and
located under the following rules and conditions: Each Indian
entitled to land under this agreement may make his own selection of
any land on the Great Manitoulin Island:
Provided, 1st. That the lots selected shall be contiguous or
adjacent to each other, so that Indian settlements on the Island
may be as compact as possible. 2nd. That if two or more Indians
claim the same lot of land, the matter shall be referred to the
Resident Superintendent, who shall examine the case and decide
between them. 3rd. That selections for orphan children may be made
by their friends, subject to the approval of the Resident
Superintendent. 4th. Should any lot or lots, selected as aforesaid,
be contiguous to any bay or harbor, or any stream of water, upon
which a mill site shall be found, and should the Government be of
opinion that such lot or lots ought to be reserved for the use of
the public, or for village or park lots, or such mill site be sold
with a view to the erection of a mill thereon, and shall signify
such its opinion through its proper agent, then the Indian who has
selected, or who wishes to select such lot, shall make another
selection; but if he has made any improvements thereon, he shall be
allowed a fair compensation therefor. 5th. The selections shall all
be made within one year after the completion of the survey, and
for that purpose plans of the survey shall be deposited with
the Resident Superintendent as soon as they are approved by the
Department of Crown Lands, and shall be open to the inspection of
all Indians entitled to make selections as aforesaid.
Thirdly--The interests which may accrue from the investment of the
proceeds of sales of lands as aforesaid, shall be payable annually,
and shall be apportioned among the Indians now residing westerly of
the said Sound and Gulf, and their descendants per capita, but
every Chief lawfully appointed shall be entitled to two portions.
Fourthly--So soon as one hundred thousand acres of the said land is
sold, such portion of the salary of the Resident Superintendent,
and of the expenses of his office as the Government may deem
equitable, shall become a charge upon the said fund.
Fifthly--The deeds or patents for the lands to be selected as
aforesaid, shall contain such conditions for the protection of the
grantees as the Governor in Council may, under the law, deem
requisite.
Sixthly--All the rights and privileges in respect to the taking of
fish in the lakes, bays, creeks and waters within and adjacent to
the said Island, which may be lawfully exercised and enjoyed by the
white settlers thereon, may be exercised and enjoyed by the
Indians.
Seventhly--That portion of the Island easterly of Heywood Sound and
Manitoulin Gulf, and the Indians now residing there, are exempted
from the operation of this agreement as respects survey, sale of
lots, granting deeds to Indians, and payment in respect of moneys
derived from sales in other parts of the Island. But the said
Indians will remain under the protection of the Government as
formerly, and the said easterly part or division of the Island will
remain open for the occupation of any Indians entitled to reside
upon the Island as formerly, subject, in case of dispute, to the
approval of the Government.
Eighthly--Whenever a majority of the Chiefs and principal men at a
council of the Indians residing easterly of the said Sound and
Gulf, to be called and held for the purpose, shall declare their
willingness to accede to the present agreement in all respects and
portions thereof, and the Indians there shall be entitled to the
same privileges in every respect from and after the date of such
approval by the Government, as those residing in other parts of the
Island.
Ninthly--This agreement shall be obligatory and binding on the
contracting parties as soon as the same shall be approved by the
Governor in Council.
In witness whereof the said Superintendent-General of Indian
affairs, and Deputy Superintendent, and the undersigned Chiefs and
principal men of the Ottawa, Chippewa and other Indians have hereto
set their hands and seals at Manitowaning, the sixth day of
October, in the year first above written.
(Signed) WM. McDOUGALL. [L. S.]
WM. SPRAGGE [L. S.]
J. B. ASSIGINACK. [L. S.]
MAISHEGUONG-PAI. [L. S.]
OKEMAHBENESS. [L. S.]
BENJAMIN ASSIGINACK. [L. S.]
WAIBENESSIENNE. [L. S.]
SHEWETOGUN. [L. S.]
GEORGE WEBETOOSOWN. [L. S.]
PAIMOQUONAISHKING. [L. S.]
ABENCE. [L. S.]
TAIBOSEGAI. [L. S.]
ATOWISHCOSTE. [L. S.]
WETCOWSAI. [L. S.]
KUSHKEWABIE. [L. S.]
BAIBONISAI. [L. S.]
KEGHIKGODONESS. [L. S.]
PALTAHDOGINSHKING. [L. S.]
Executed in the presence of (having been first read, translated and
explained):
(Signed) GEORGE IRONSIDE,
S. I. Affairs.
S. PHILLIPS DAY.
WM. GIBBARD.
DAVID S. LAYTON.
JOSEPH WILSON. [L. S.]
JOHN H. McDOUGALL.
F. ASSICKINACK.
PETER JACOBS,
Church of England Mission.
McGREGOR IRONSIDE.
The undersigned is one of the Chiefs of the Wequainorekong band,
and appends his signature in testimony of his general approval and
his assent as an individual to all the terms of the above
agreement.
(Signed) SIHKUMMEH. [L. S.]
RUNIC SAHLENG. [L. S.]
MANITOWANING, October 6th, 1862.
Memorandum from Captain Ironside of Indian settlements on the
Manitoulin Island:
Man-a-to-wan-ning. She-she-gwan-a-sing.
She-qui-ain-dand. Min-de-moo-ya-se-be.
Y-a-be-je-wong. Che-to-wai-e-gun-ning (West).
Me-che-co-wed-e-nong. Weg-wai-me-kong.
Mai-mon-a-ke-kong. Weg-wai-me-kos-ing.
She-she-gwan-ning. Ohe-to-wai-e-gun-ning (East).
TREATIES IN MANITOBA, THE NORTH-WEST TERRITORIES, AND KEE-WA-TIN
TREATY NUMBER ONE
Articles of a treaty, made and concluded this third day of
August, in the year of our Lord, one thousand eight hundred and
seventy-one, between Her Most Gracious Majesty the Queen of
Great Britain and Ireland, by Her Commissioner Wemyss M. Simpson,
Esquire, of the one part, and the Chippewa and Swampy Cree
Tribes of Indians, inhabitants of the country within the limits
hereinafter defined and described by their Chiefs, chosen and named
as hereinafter mentioned, of the other part:
Whereas, all the Indians inhabiting the said country have, pursuant
to an appointment made by the said Commissioner, been convened at
the Stone Fort, otherwise called Lower Fort Garry, to deliberate
upon certain matters of interest to Her Most Gracious Majesty of
the one part, and to the said Indians of the other; and whereas the
said Indians have been notified and informed by Her Majesty's said
Commissioner, that it is the desire of Her Majesty to open up to
settlement and immigration a tract of country bounded and described
as hereinafter mentioned, and to obtain the consent thereto of her
Indian subjects inhabiting the said tract and to make a treaty and
arrangements with them, so that there may be peace and good will
between them and Her Majesty, and that they may know and be assured
of what allowance they are to count upon and receive, year by year,
from Her Majesty's bounty and benevolence.
And whereas the Indians of the said tract, duly convened in
Council as aforesaid, and being requested by Her Majesty's said
Commissioner to name certain Chiefs and head men, who should be
authorized on their behalf to conduct such negotiations, and sign
any treaty to be founded thereon, and to become responsible to Her
Majesty for the faithful performance, by their respective bands,
of such obligations as should be assumed by them the said Indians,
have thereupon named the following persons for that purpose,
that is to say: Mis-koo-kenew, or Red Eagle, (Henry Prince);
Ka-ke-ka-penais, or Bird for ever; Na-sha-ke-penais, or Flying down
Bird; Na-na-wa-nana, or Centre of Bird's Tail; Ke-we-tayash, or
Flying round; Wa-ko-wash, or Whip-poor-Will; Oo-za-we-kwun, or
Yellow Quill; and thereupon, in open Council, the different bands
have presented their respective Chiefs to His Excellency the
Lieutenant-Governor of the Province of Manitoba, and of the
North-West Territory, being present at such Council, and to the
said Commissioner, as the Chiefs and head men for the purposes
aforesaid, of the respective bands of Indians inhabiting the
said District, hereinafter described; and whereas the said
Lieutenant-Governor and the said Commissioner, then and there
received and acknowledged the persons so presented as Chiefs
and head men, for the purpose aforesaid; and whereas the said
Commissioner has proceeded to negotiate a treaty with the said
Indians, and the same has finally been agreed upon and concluded as
follows, that is to say:
The Chippewa and Swampy Cree Tribes of Indians, and all other the
Indians inhabiting the district hereinafter described and defined,
do hereby cede, release, surrender, and yield up to Her Majesty
the Queen, and her successors for ever, all the lands included
within the following limits, that is to say: Beginning at the
International boundary line near its junction with the Lake of the
Woods, at a point due north from the centre of Roseau Lake, thence
to run due north to the centre of Roseau Lake; thence northward to
the centre of White Mouth Lake, otherwise called White Mud Lake;
thence by the middle of the lake and the middle of the river
issuing therefrom, to the mouth thereof in Winnipeg River; thence
by the Winnipeg River to its mouth; thence westwardly, including
all the islands near the south end of the lake, across the lake to
the mouth of the Drunken River; thence westwardly, to a point on
Lake Manitoba, half way between Oak Point and the mouth of Swan
Creek; thence across Lake Manitoba, on a line due west to its
western shore; thence in a straight line to the crossing of the
Rapids on the Assiniboine; thence due south to the International
boundary line, and thence easterly by the said line to the place of
beginning; to have and to hold the same to Her said Majesty the
Queen, and her successors for ever; and Her Majesty the Queen,
hereby agrees and undertakes to lay aside and reserve for the sole
and exclusive use of the Indians, the following tracts of land,
that is to say: For the use of the Indians belonging to the band of
which Henry Prince, otherwise called Mis-koo-ke-new, is the Chief,
so much of land on both sides of the Red River, beginning at the
south line of St. Peter's Parish, as will furnish one hundred and
sixty acres for each family of five, or in that proportion for
larger or smaller families; and for the use of the Indians of whom
Na-sha-ke-penais, Na-na-wa-nanan, Ke-we-tayash, and Wa-ko-wush,
are the Chiefs, so much land on the Roseau River, as will furnish
one hundred and sixty acres for each family of five, or in that
proportion for larger or smaller families, beginning from the
mouth of the river; and for the use of the Indians, of which
Ka-ke-ka-penais is the Chief, so much land on the Winnipeg River,
above Fort Alexander, as will furnish one hundred and sixty
acres for each family of five, or in that proportion for larger
or smaller families, beginning at a distance of a mile or
thereabout above the Fort; and for the use of the Indians, of whom
Oo-za-we-Kwun is Chief, so much land on the south and east side
of the Assiniboine, about twenty miles above the Portage, as will
furnish one hundred and sixty acres for each family of five, or in
that proportion for larger or smaller families, reserving also a
further tract enclosing said reserve, to comprise an equivalent to
twenty-five square miles of equal breadth, to be laid out round the
reserve; it being understood, however, that if at the date of the
execution of this treaty, there are any settlers within the bounds
of any lands reserved by any band, Her Majesty reserves the right
to deal with such settlers as she shall deem just, so as not to
diminish the extent of land allotted to the Indians.
And with a view to show the satisfaction of Her Majesty with the
behaviour and good conduct of her Indians, parties to this treaty,
she hereby, through her Commissioner, makes them a present of three
dollars for each Indian man, woman and child belonging to the bands
here represented.
And further, Her Majesty agrees to maintain a school on each
reserve hereby made, whenever the Indians of the reserve should
desire it.
Within the boundary of Indian Reserves, until otherwise enacted by
the proper legislative authority, no intoxicating liquor shall be
allowed to be introduced or sold, and all laws now in force or
hereafter to be enacted to preserve Her Majesty's Indian subjects,
inhabiting the reserves or living elsewhere, from the evil
influence of the use of intoxicating liquors, shall be strictly
enforced.
Her Majesty's Commissioner shall, as soon as possible after the
execution of this treaty, cause to be taken an accurate census
of all the Indians inhabiting the district above described,
distributing them in families, and shall in every year ensuing the
date hereof, at some period during the month of July in each year,
to be duly notified to the Indians, and at or near the respective
reserves, pay to each Indian family of five persons the sum of
fifteen dollars Canadian currency, or in like proportion for a
larger or smaller family, such payment to be made in such articles
as the Indians shall require of blankets, clothing, prints
(assorted colors), twine or traps, at the current cost price in
Montreal, or otherwise, if Her Majesty shall deem the same
desirable in the interests of Her Indian people, in cash.
And the undersigned Chiefs do hereby bind and pledge themselves and
their people strictly to observe this treaty, and to maintain
perpetual peace between themselves and Her Majesty's white
subjects, and not to interfere with the property or in any way
molest the persons of Her Majesty's white or other subjects.
In witness whereof Her Majesty's said Commissioner and the said
Indian Chiefs have hereunto subscribed and set their hand and seal,
at the Lower Fort Garry, this day and year herein first above
mentioned.
(Signed) WEMYSS M. SIMPSON, [L. S.]
Indian Commissioner.
MIS-KOO-KE-NEW (or Red Eagle) His x mark.
(Henry Prince).
KA-KE-KA-PENAIS (or Bird Forever) " x "
(William Pennefather).
NA-SHA-KE-PENAIS (or Flying down Bird). " x "
NA-NA-WA-NANAN (or Centre of Bird's Tail). " x "
KE-WE-TAY-ASH (or Flying Round). " x "
WA-KO-WUSH (or Whip-poor-will). " x "
OO-ZA-WE-KWUN (or Yellow Quill). " x "
Signed, sealed and delivered in the presence of (the same having
been first read and explained)--
(Signed) ADAMS G. ARCHIBALD,
Lieut.-Gov. of Manitoba, and the N.-W. Territories.
JAMES McKAY, P.L.C.
A. G. IRVINE,
Major.
ABRAHAM COWLEY.
DONALD GUNN, M.L.C.
THOMAS HOWARD.
HENRY COCHRANE.
JAMES McARRISTER.
HUGH McARRISTER.
E. ALICE ARCHIBALD.
HENRY BOUTHILLIER.
TREATY NUMBER TWO
Articles of a treaty made and concluded this twenty-first day of
August, in the year of our Lord one thousand eight hundred and
seventy-one, between Her Most Gracious Majesty the Queen of Great
Britain and Ireland, by Her Commissioner, Wemyss M. Simpson,
Esquire, of the one part, and the Chippewa tribe of Indians,
inhabitants of the country within the limits hereinafter defined
and described by their Chiefs, chosen and named as hereinafter
mentioned, of the other part:
Whereas, all the Indians inhabiting the said country have, pursuant
to an appointment made by the said Commissioner, been convened at a
meeting at Manitoba Post, to deliberate upon certain matters of
interest to Her Most Gracious Majesty of the one part, and to the
said Indians of the other; and whereas the said Indians have been
notified and informed by Her Majesty's said Commissioner, that it
is the desire of Her Majesty to open up to settlement and
immigration a tract of country bounded and described as hereinafter
mentioned, and to obtain the consent thereto of her Indian subjects
inhabiting the said tract, and to make a treaty and arrangement
with them, so that there may be peace and good will between them
and Her Majesty, and that they may know and be assured of what
allowance they are to count upon and receive from Her Majesty's
bounty and benevolence.
And whereas the Indians of the said tract, duly convened in
Council as aforesaid, and being requested by Her Majesty's said
Commissioner to name certain Chiefs and head men who should be
authorized on their behalf to conduct such negotiations and sign
any treaty to be founded thereon, and to become responsible to Her
Majesty for the faithful performance by their respective bands of
such obligations as shall be assumed by them, the said Indians have
thereupon named the following persons for that purpose, that is to
say:
For the Swan Creek and Lake Manitoba Indians, Sou-sonse, or Little
Long Ears; for the Indians of Fairford and the neighboring
localities, Ma-sah-kee-yash, or, He who flies to the bottom, and
Richard Woodhouse, whose Indian name is Ke-wee-tah-quun-na-yash,
or, He who flies round the feathers; for the Indians of Waterhen
River and Crane River and the neighboring localities, Francois, or,
Broken Fingers; and for the Indians of Riding Mountains and Dauphin
Lake, and the remainder of the territory hereby ceded, Mekis (the
Eagle), or, Giroux. And thereupon, in open Council, the different
bands have presented their respective Chiefs to His Excellency the
Lieutenant-Governor of Manitoba and of the North-West Territory,
being present at such Council, and to the said Commissioner, as the
Chiefs and head men for the purposes aforesaid of the respective
bands of Indians inhabiting the said district hereinafter
described; and whereas the said Lieutenant-Governor and the said
Commissioner then and there received and acknowledged the persons
so presented as Chiefs and head men, for the purpose aforesaid, of
the respective bands of Indians inhabiting the said district
hereinafter described; and whereas the said Commissioner has
proceeded to negotiate a treaty with the said Indians, and the same
has finally been agreed upon and concluded as follows, that is to
say:--
The Chippewa tribe of Indians, and all other the Indians inhabiting
the district hereinafter described and defined, do hereby cede,
release, surrender and yield up to Her Majesty the Queen, and her
successors forever, all the lands included within the following
limits, that is to say:--All that tract of country lying partly to
the north and partly to the west of a tract of land ceded to Her
Majesty the Queen by the Indians inhabiting the Province of
Manitoba, and certain adjoining localities, under the terms of a
treaty made at Lower Fort Garry, on the third day of August last
past, the land now intended to be ceded and surrendered, being
particularly described as follows, that is to say:--Beginning at
the mouth of Winnipeg River, on the north line of the lands ceded
by said treaty, thence running along the eastern shore of Lake
Winnipeg, northwardly as far as the mouth of Berens River; thence
across said lake to its western shore at the north bank of the
mouth of the Little Saskatchewan or Dauphin River; thence up said
stream and along the northern and western shores thereof, and of
St. Martin's Lake and along the north bank of the stream flowing
into St. Martin's Lake from Lake Manitoba by the general course of
such stream to such last mentioned lake; thence by the eastern and
northern shores of Lake Manitoba to the mouth of the Waterhen
River; thence by the eastern and northern shores of said river up
stream to the northernmost extremity of a small lake known as
Waterhen Lake; thence in a line due west to and across Lake
Winnepegosis; thence in a straight line to the most northerly
waters forming the source of the Shell River; thence to a point
west of the same, two miles distant from the river, measuring at
right angles thereto; thence by a line parallel with the Shell
River to its mouth and then crossing the Assiniboine River and
running parallel thereto and two miles distant therefrom and to the
westward thereof to a point opposite Fort Ellice; thence in a
southwesterly course to the northwestern point of the Moose
Mountains; thence by a line due south to the United States
frontier; thence by the frontier eastwardly to the westward line of
said tract ceded by treaty as aforesaid; thence bounded thereby, by
the west, north-west and north lines of said tract to the place of
beginning at the mouth of Winnipeg River; to have and to hold the
same to Her Majesty the Queen and her successors for ever, and Her
Majesty the Queen hereby agrees and undertakes to lay aside and
reserve, for the sole and exclusive use of the Indians inhabiting
the said tract, the following lots of land, that is to say:
For the use of the Indians belonging to the band of which Mekis is
Chief, so much land between Turtle River and Valley River on the
south side of Lake Dauphin as will make one hundred and sixty acres
for each family of five persons, or in the same proportion for a
greater or smaller number of persons. And for the use of the
Indians belonging to the band of which Francois, or Broken Fingers,
is Chief, so much land on Crane River running into Lake Manitoba as
will make one hundred and sixty acres for each family of five
persons, or in the same proportion for a greater or smaller number
of persons. And for the use of the band of Indians belonging to the
bands of which Ma-sah-kee-yash and Richard Woodhouse are Chiefs, so
much land on the river between Lake Manitoba and St. Martin's
Lake,--known as "Fairford River," and including the present Indian
Mission grounds,--as will make one hundred and sixty acres for each
family of five persons, or in the same proportion for a greater or
smaller number of persons. And for the use of the Indians of whom
Son-sense is Chief, so much land on the east side of Lake Manitoba
to be laid off north of the creek near which a fallen elm tree now
lies, and about half-way between Oak Point and Manitoba Post, so
much land as will make one hundred and sixty acres for each family
of five persons, or in the same proportion for a greater or smaller
number of persons. Saving, nevertheless, the rights of any white or
other settler now in occupation of any land within the lines of any
such reserve.
And with a view to show the satisfaction of Her Majesty with the
behaviour and good conduct of her Indians, parties to this treaty,
she hereby, through her Commissioner makes them a present of three
dollars for each Indian--man, woman, and child belonging to the
bands here represented.
And further, Her Majesty agrees to maintain a school in each
reserve hereby made, whenever the Indians of the reserve shall
desire it.
Her Majesty further agrees with her said Indians, that within the
boundary of Indian reserves, until otherwise enacted by the proper
legislative authority, no intoxicating liquors shall be allowed to
be introduced or sold; and all laws now in force or hereafter to be
enacted to preserve her Indian subjects inhabiting the reserves or
living elsewhere within her North-West Territories, from the evil
influence of the use of intoxicating liquors, shall be strictly
enforced.
And further, that Her Majesty's Commissioner shall, as soon as
possible after the execution of this treaty, cause to be taken an
accurate census of all the Indians inhabiting the tract above
described, distributing them in families, and shall in every year
ensuing the date hereof, at some period during the month of August
in each year, to be duly notified to the Indians, and at or near
the respective reserves, pay to each Indian family of five persons,
the sum of fifteen dollars, Canadian currency; or in like
proportion for a larger or smaller family; such payment to be made
in such articles as the Indians shall require of blankets,
clothing, prints (assorted colors), twine or traps, at the current
cash price in Montreal, or otherwise, if Her Majesty shall deem the
same desirable in the interest of her Indian people, in cash.
And the undersigned Chiefs, on their own behalf, and on behalf of
all other Indians inhabiting the tract within ceded, do hereby
solemnly promise and engage, to strictly observe this treaty, and
also to conduct and behave themselves as good and loyal subjects of
Her Majesty the Queen. They promise and engage that they will, in
all respects, obey and abide by the law; that they will maintain
peace and good order between each other and also between themselves
and other tribes of Indians, and between themselves and others of
Her Majesty's subjects, whether Indians or whites, now inhabiting,
or hereafter to inhabit, any part of the said ceded tract; and that
they will not molest the person or property of any inhabitants of
such ceded tract; or the property of Her Majesty the Queen, or
interfere with or trouble any person passing or travelling through
the said tract or any part thereof; and that they will aid and
assist the officers of Her Majesty in bringing to justice and
punishment any Indian offending against the stipulations of this
treaty, or infringing the laws in force in the country so ceded.
In witness whereof, Her Majesty's said Commissioner and the said
Indian Chiefs have hereunto subscribed and set their hands at
Manitoba Post, this day and year first above named.
(Signed) WEMYSS M. SIMPSON,
Indian Commissioner.
MEKIS. His x Mark.
SON-SENSE. " x "
MA-SAH-KEE-YASH. " x "
FRANCOIS. " x "
RICHARD WOODHOUSE.
Signed by the Chiefs within named in presence of the following
witnesses (the same having been first read and explained)--
(Signed)
ADAMS G. ARCHIBALD,
Lieut.-Gov. of Manitoba and the N.-W. Territories.
JAMES McKAY, P.C.C.
MOLYNEUX ST. JOHN.
E. A. ARCHIBALD.
LILY ARCHIBALD.
HENRI BOUTHILLIER.
PAUL DE LARONDE.
DONALD McDONALD.
ELIZA McDONALD.
ALEXANDER MUIR, SR.
THE NORTH-WEST ANGLE TREATY, NUMBER THREE
Articles of a Treaty made and concluded this third day of
October, in the year of our Lord one thousand eight hundred and
seventy-three, between Her Most Gracious Majesty the Queen of Great
Britain and Ireland, by her Commissioners, the Hon. Alexander
Morris, Lieutenant-Governor of the Province of Manitoba and the
North West Territories, Joseph Albert Norbert Provencher and Simon
James Dawson, of the one part, and the Saulteaux tribe of the
Ojibbeway Indians, inhabitants of the country within the limits
hereinafter defined and described, by their Chiefs, chosen and
named as hereinafter mentioned, of the other part:
Whereas the Indians inhabiting the said country have, pursuant to
an appointment made by the said Commissioners, been convened at
a meeting at the North-West angle of the Lake of the Woods, to
deliberate upon certain matters of interest to Her Most Gracious
Majesty, of the one part, and the said Indians of the other;
And whereas the said Indians have been notified and informed by Her
Majesty's said Commissioners, that it is the desire of Her Majesty
to open up for settlement, immigration, and such other purposes
as to Her Majesty may seem meet, a tract of country bounded and
described as hereinafter mentioned, and to obtain the consent
thereto of her Indian subjects inhabiting the said tract, and to
make a treaty and arrange with them, so that there may be peace and
good will between them and Her Majesty, and that they may know and
be assured of what allowance they are to count upon and receive
from Her Majesty's bounty and benevolence:
And whereas, the Indians of the said tract, duly convened in Council, as
aforesaid, and being requested by Her Majesty's said Commissioners to
name certain Chiefs and head men, who should be authorized on their
behalf to conduct such negotiations, and sign any treaty to be founded
thereon, and to become responsible to Her Majesty for the faithful
performance by their respective bands of such obligations as shall be
assumed by them, the said Indians have thereupon named the following
persons for that purpose, that is to say:--Kee-tak-pay-pi-nais (Rainy
River), Kitihi-gay-lake (Rainy River), Note-na-qua-hung (North-West
Angle), Mawe-do-pe-nais (Rainy River), Pow-wa-sang (North-West Angle),
Canda-com-igo-wi-ninie (North-West Angle), Pa-pa-ska-gin (Rainy River),
May-no-wah-tau-ways-kung (North-West Angle), Kitchi-ne-ka-be-han (Rainy
River), Sah-katch-eway (Lake Seul), Muka-day-wah-sin (Kettle Falls),
Me-kie-sies (Rainy Lake, Fort Francis), Oos-con-na-geist (Rainy Lake),
Wah-shis-kince (Eagle Lake), Rab-kie-y-ash (Flower Lake), Go-bay (Rainy
Lake), Ka-me-ti-ash (White Fish Lake), Nee-sho-tal (Rainy River),
Kee-gee-go-kay (Rainy River), Sha-sha-gance (Shoal Lake),
Shah-win-na-bi-nais (Shoal Lake), Ay-ash-a-wash (Buffalo Point),
Pay-ah-be-wash (White Fish Bay), Rah-tay-tay-pa-o-cutch (Lake of the
Woods).
And thereupon in open council the different bands having presented
their Chiefs to the said Commissioners as the Chiefs and head men
for the purposes aforesaid of the respective bands of Indians
inhabiting the said district hereinafter described.
And whereas the said Commissioners then and there received and
acknowledged the persons so presented as Chiefs and head men for
the purposes aforesaid of the respective bands of Indians
inhabiting the said district hereinafter described;
And whereas the said Commissioners have proceeded to negotiate a
treaty with the said Indians, and the same has been finally agreed
upon and concluded as follows, that is to say:
The Saulteaux tribe of the Ojibbeway Indians, and all other the
Indians inhabiting the district hereinafter described and defined,
do hereby cede, release, surrender, and yield up to the Government
of the Dominion of Canada, for Her Majesty the Queen and her
successors forever, all their rights, titles and privileges
whatsoever to the lands included within the following limits, that
is to say:
Commencing at a point on the Pigeon River route where the
international boundary line between the territories of Great
Britain and the United States intersects the height of land
separating the waters running to Lake Superior from those flowing
to Lake Winnipeg thence northerly, westerly and easterly, along the
height of land aforesaid, following its sinuosities, whatever their
course may be, to the point at which the said height of land meets
the summit of the water-shed from which the streams flow to Lake
Nepigon, thence northerly and westerly, or whatever may be its
course along the ridge separating the waters of the Nepigon and the
Winnipeg to the height of land dividing the waters of the Albany
and the Winnipeg, thence westerly and north-westerly along the
height of land dividing the waters flowing to Hudson's Bay by the
Albany or other rivers from those running to English River and
the Winnipeg to a point on the said height of land bearing north
forty-five degrees east from Fort Alexander at the mouth of the
Winnipeg; thence south forty-five degrees west to Fort Alexander at
the mouth of the Winnipeg; thence southerly along the eastern bank
of the Winnipeg to the mouth of White Mouth River, thence southerly
by the line described as in that part forming the eastern boundary
of the tract surrendered by the Chippewa and Swampy Cree tribes of
Indians to Her Majesty on the third of August, one thousand eight
hundred and seventy-one, namely, by White Mouth River to White
Mouth Lake and thence on a line having the general bearing of White
Mouth River to the forty-ninth parallel of north latitude; thence
by the forty-ninth parallel of north latitude to the Lake of the
Woods, and from thence by the international boundary line to the
place of beginning.
The tract comprised within the lines above described embracing an
area of fifty-five thousand square miles, be the same more or less.
To have and to hold the same to Her Majesty the Queen and her
successors forever.
And Her Majesty the Queen hereby agrees and undertakes to lay aside
reserves for farming lands, due respect being had to lands at
present cultivated by the said Indians, and also to lay aside and
reserve for the benefit of the said Indians, to be administered and
dealt with for them by Her Majesty's Government of the Dominion of
Canada, in such a manner as shall seem best, other reserves of land
in the said territory hereby ceded, which said reserves shall be
selected and set aside where it shall be deemed most convenient and
advantageous for each band or bands of Indians, by the officers of
the said Government appointed for that purpose, and such selection
shall be so made after conference with the Indians: Provided,
however, that such reserve whether for farming or other purposes
shall in nowise exceed in all one square mile for each family of
five, or in that proportion for larger or smaller families, and
such selection shall be made if possible during the course of next
summer or as soon thereafter as may be found practicable, it being
understood, however, that if at the time of any such selection of
any reserves as aforesaid, there are any settlers within the bounds
of the lands reserved by any band, Her Majesty reserves the right
to deal with such settlers as she shall deem just, so as not to
diminish the extent of land allotted to Indians; and provided also
that the aforesaid reserves of lands or any interest or right
therein or appurtenant thereto, may be sold, leased or otherwise
disposed of by the said Government for the use and benefit of the
said Indians, with the consent of the Indians entitled thereto
first had and obtained.
And with a view to show the satisfaction of Her Majesty with the
behavior and good conduct of her Indians, she hereby, through her
Commissioners, makes them a present of twelve dollars for each man,
woman and child belonging to the bands here represented, in
extinguishment of all claims heretofore preferred.
And further, Her Majesty agrees to maintain schools for instruction
in such reserves hereby made as to her Government of her Dominion
of Canada may seem advisable, whenever the Indians of the reserve
shall desire it.
Her Majesty further agrees with her said Indians, that within the
boundary of Indian reserves, until otherwise determined by the
Government of the Dominion of Canada, no intoxicating liquor shall
be allowed to be introduced or sold, and all laws now in force,
or hereafter to be enacted to preserve her Indian subjects
inhabiting the reserves, or living elsewhere within her North-West
Territories, from the evil influence of the use of intoxicating
liquors shall be strictly enforced.
Her Majesty further agrees with her said Indians, that they,
the said Indians, shall have right to pursue their avocations
of hunting and fishing throughout the tract surrendered as
hereinbefore described, subject to such regulations as may from
time to time be made by her Government of her Dominion of Canada,
and saving and excepting such tracts as may from time to time be
required or taken up for settlement, mining, lumbering or other
purposes, by her said Government of the Dominion of Canada, or by
any of the subjects thereof duly authorized therefor by the said
Government.
It is further agreed between Her Majesty and her said Indians that
such sections of the reserves above indicated as may at any time be
required for public works or buildings, of what nature soever, may
be appropriated for that purpose by Her Majesty's Government of the
Dominion of Canada, due compensation being made for the value of
any improvements thereon.
And further, that Her Majesty's Commissioners shall, as soon as
possible, after the execution of this treaty, cause to be taken an
accurate census of all the Indians inhabiting the tract above
described, distributing them in families, and shall in every year
ensuing the date hereof at some period in each year, to be duly
notified to the Indians, and at a place or places to be appointed
for that purpose within the territory ceded, pay to each Indian
person the sum of five dollars per head yearly.
It is further agreed between Her Majesty and the said Indians, that
the sum of fifteen hundred dollars per annum shall be yearly and
every year expended by Her Majesty in the purchase of ammunition,
and twine for nets for the use of the said Indians.
It is further agreed between Her Majesty and the said Indians, that
the following articles shall be supplied to any band of the said
Indians who are now actually cultivating the soil, or who shall
hereafter commence to cultivate the land, that is to say--two hoes
for every family actually cultivating; also one spade per family
as aforesaid; one plough for every ten families as aforesaid; five
harrows for every twenty families as aforesaid; one scythe for
every family as aforesaid; and also one axe and one cross-cut saw,
one hand saw, one pit saw, the necessary files, one grindstone, one
auger for each band, and also for each Chief for the use of his
band, one chest of ordinary carpenter's tools; also for each band,
enough of wheat, barley, potatoes and oats to plant the land
actually broken up for cultivation by such band; also for each
band, one yoke of oxen, one bull and four cows; all the aforesaid
articles to be given once for all for the encouragement of the
practice of agriculture among the Indians.
It is further agreed between Her Majesty and the said Indians, that
each Chief, duly recognized as such, shall receive an annual salary
of twenty-five dollars per annum, and each subordinate officer, not
exceeding three for each band, shall receive fifteen dollars per
annum; and each such Chief and subordinate officer as aforesaid
shall also receive, once in every three years, a suitable suit of
clothing; and each Chief shall receive, in recognition of the
closing of the treaty, a suitable flag and medal.
And the undersigned Chiefs, on their own behalf and on behalf of
all other Indians inhabiting the tract within ceded, do hereby
solemnly promise and engage to strictly observe this treaty, and
also to conduct and behave themselves as good and loyal subjects
of Her Majesty the Queen. They promise and engage that they will,
in all respects obey and abide by the law; that they will maintain
peace and good order between each other, and also between
themselves and other tribes of Indians, and between themselves and
others of Her Majesty's subjects, whether Indians or whites, now
inhabiting or hereafter to inhabit any part of the said ceded
tract; and that they will not molest the person or property of any
inhabitant of such ceded tract, or the property of Her Majesty
the Queen, or interfere with or trouble any person passing or
travelling through the said tract or any part thereof; and that
they will aid and assist the officers of Her Majesty in bringing
to justice and punishment any Indian offending against the
stipulations of this treaty, or infringing the laws in force in
the country so ceded.
In witness whereof, Her Majesty's said Commissioners and the said
Indian Chiefs have hereunto subscribed and set their hands, at the
north-west angle of the Lake of the Woods, this day and year herein
first above-named.
(Signed) ALEXANDER MORRIS, [L. S.]
Lieutenant-Governor.
J. A. N. PROVENCHER,
Indian Commissioner.
S. J. DAWSON,
Indian Commissioner.
KEE-TA-KAY-PI-NAIS. His x mark.
KITIHI-GAY-KAKE. " x "
NO-TE-NA-QUA-HUNG. " x "
MAWE-DO-PE-NAIS. " x "
POW-WA-SANG. " x "
CANDA-COM-IGO-WI-NINIE. " x "
PA-PA-SKA-GIN. " x "
MAY-NO-WAH-TAU-WAYS-KUNG. " x "
KITCHI-NE-KA-BE-HAN. " x "
SAH-KATCH-EWAY. " x "
MUKA-DAY-WAH-SIN. " x "
ME-KIE-SIES. " x "
OOS-CON-NA-GEIST. " x "
WAH-SHIS-KINCE. " x "
RAH-KIE-Y-ASH. " x "
GO-BAY. " x "
KA-ME-TI-ASH. " x "
NEE-SHO-TAL. " x "
KEE-JEE-GO-KAY. " x "
SHA-SHA-GANCE. " x "
SHAH-WIN-NA-BI-NAIS. " x "
AY-ASH-A-WASH. " x "
PAY-AH-BEE-WASH. " x "
RAH-TAY-TAY-PA-O-CUTCH. " x "
Signed by the Chiefs within named in presence of the following
witnesses, the same having been first read and explained by the
Honorable James McKay:--
(Signed) JAMES McKAY.
MOLYNEUX ST. JOHN.
ROBERT PITHER.
CHRISTINE V. K. MORRIS.
CHARLES NOLIN.
A. McDONALD,
Captain commanding escort to
Lieutenant-Governor.
JAMES F. GRAHAM.
JOSEPH NOLIN.
A. McLEOD.
GEORGE McPHERSON, SEN.
SEDLEY BLANCHARD.
W. FRED. BUCHANAN.
FRANK G. BECHER.
ALFRED CODD, M.D.
GORDON S. CORBAULT.
PIERRE LEVIELLER.
NICHOLAS CHATELAINE.
We hereby certify that the foregoing is a true copy of the original
articles of treaty of which it purports to be a copy.
(Signed) ALEXANDER MORRIS,
Lieutenant-Governor.
J. A. N. PROVENCHER,
Indian Commissioner.
S. J. DAWSON,
Indian Commissioner.
We having had communication of the treaty, certified copy whereof
is hereto annexed, but not having been at the Councils held at the
north-west angle of the Lake of the Woods, between Her Majesty's
Commissioners, and the several Indian Chiefs and others therein
named, at which the articles of the said treaty were agreed upon,
hereby, for ourselves and the several bands of Indians which we
represent, in consideration of the provisions of the said treaty
being extended to us and the said bands which we represent,
transfer, surrender and relinquish to Her Majesty the Queen, her
heirs and successors, to and for the use of her Dominion of Canada,
all our right, title and privilege whatsoever, which we, the said
Chiefs, and the said bands which we represent, have held, or enjoy,
of, in and to the territory, described and fully set out in the
said articles of treaty and every part thereof, to have and to hold
the same unto the use of Her said Majesty the Queen, her heirs and
successors for ever.
And we hereby agree to accept the several provisions, payments and
reserves of the said treaty as therein stated, and solemnly promise
and engage to abide by, carry out and fulfil all the stipulations,
obligations and conditions therein contained, on the part of the
said Chiefs and Indians therein named to be observed and performed,
and in all things to conform to the articles of the said treaty, as
if we our selves, and the bands which we represent had been
originally contracting parties thereto, and had been present and
attached our signatures to the said treaty.
In witness whereof, Her Majesty's said Commissioners and the said
Indian Chiefs have hereunto subscribed and set their hands, this
thirteenth day of October, in the year of Our Lord one thousand
eight hundred and seventy-three.
For and on behalf of the Commissioners, the Honorable Alexander
Morris, Lieutenant-Governor of Manitoba and the North-West
Territories, Joseph Albert Norbert Provencher, Esq., and the
undersigned:
(Signed) S. J. DAWSON,
Commissioner.
PAY-BA-MA-CHAS. His x mark.
RE-BA-QUIN. " x "
ME-TAS-SO-QUE-NE-SKANK. " x "
Signed by S. J. Dawson, Esq., one of Her Majesty's said
Commissioners, for and on behalf, and with the authority and
consent of the Honorable Alexander Morris, Lieutenant-Governor of
Manitoba and the North-West Territories, and J. A. N. Provencher,
Esq., the remaining two Commissioners, and himself, and by the
Chiefs within named on behalf of themselves and the several bands
which they represent, the same and the annexed certified copy of
articles of treaty having been first read and explained in presence
of the following witnesses:
(Signed) THOS. A. P. TOWERS.
JOHN AITKEN.
A. J. McDONALD.
UNZZAKI.
JAS. LOGANOSH, His x mark,
PINLLSISE.
REPORT OF COMMISSIONER DAWSON
OTTAWA, 26th December, 1873.
Sir,--I beg leave to inform you that, after the treaty had been
concluded with certain bands of the Saulteaux tribe of the
Ojibbeway Indians, at the north-west angle of the Lake of the
Woods, by arrangements made with my associate Commissioners, His
Honor the Lieutenant-Governor of Manitoba and the North-West
Territories, and Mr. Provencher, I came eastward and convened the
leading people of the remaining bands at Shebandowan where they
also, through their Chiefs, accepted and signed the treaty.
I have much satisfaction in saying that these Indians were most
friendly in their bearing, and desired me to convey to the
Government their cordial expressions of loyalty to their Great
Mother, Her Majesty the Queen.
They took some time to deliberate over the provisions of the treaty
and asked me occasionally to explain certain passages, more
especially those in relation to the reserves.
Before signing it they comprehended perfectly the nature of the
obligations into which they were about to enter, that the surrender
of their territorial rights would be irrevocable, and that they
were to stand forever afterwards in new relations to the white man.
This, the Chiefs themselves stated with great solemnity to their
people, in short but impressive speeches, as they each in turn
advanced to touch the pen.
One cause of delay at the Lake of the Woods arose from the
circumstance of there being a number of aspirants to the office of
Chief; but at Shebandowan I had no such difficulty, for the whole
of the bands east of the narrows of Rainy Lake, are under three
principal Chiefs, whose authority is unquestioned.
The names of these Chiefs and their respective districts are as
follows:
Pay-ba-ma-chas, Chief of the country intervening between the
narrows of Rainy Lake and Sturgeon Falls, and of the region drained
by the River Seine and its tributary streams, between the latter
place (Sturgeon Falls) and Lac des Mille Lacs. This is a very
extensive district, and in it are many valuable groves of pine.
Ke-ba-quin, Chief of the region intervening between the present
line of the Red River route and the United States boundary line,
east of Rainy Lake and west of the height of land. The gold bearing
country is in this Chief's district.
Metas-so-que-nes-hauk, Chief of Lac des Mille Lacs and the district
to the north, lying along the height of land between that lake and
the waters of the Nipegon and Lac Seul. This Chief is a very
intelligent man, and has already begun, to make his people clear
land and grow crops.
Each of these three principal Chiefs will have a staff of
Lieutenants or subordinate Chiefs, not exceeding three to their
respective bands, as provided for in the treaty but they preferred
not to name them at once, saying that the selection was a matter of
some delicacy to them, and requiring a little time.
In regard to the reserves provided for in the treaty, I shall
as soon as possible submit a scheme which I think will meet
the circumstances, and at the same time draw attention to some
experience gained in negotiating with these Indians, which may
be of use in similar negotiations in the future.
[Footnote: In 1874 Mr. Dawson and Mr. Pither were appointed to meet
the Indians and arrange the position of the reserves, which they
did; but subsequently, the Indians claiming that they had not fully
understood the exact location or extent of some of the reserves,
Colonel Dennis, then Surveyor-General, now Deputy Minister of the
Interior, was instructed to visit the Indians comprised in Treaty
Number Three, and finally adjust the question of reserves. Colonel
Dennis undertook this duty in 1875 and satisfactorily arranged a
scheme of reserves for the different bands of the Lake of the Woods.
Colonel Dennis submitted a comprehensive report of the results of
his mission, and suggested the appointment of sub-agents, the fixing
of a specific day for payment to the Indians of their annuities in
each agency district, that the necessary funds and the articles for
distribution should be provided and in the agents' hands in good time.
He advised that the local agents should have some practical knowledge
of agriculture, as he believed that the Indians would succeed in
raising quantities of stock, though the character of the country
prevented their general success as farmers. He suggested further the
erection of halls at each agency and the employment of young Indians
by the builders entrusted with their construction, "as they are so
quick in perception and handy in the use of tools that they would
speedily become very expert." The author regrets that he did not
obtain communication of this valuable report until this work had
advanced too far to admit of its being incorporated with it.]
The copy of the treaty signed by these Chiefs is enclosed herewith
and to it is attached a document signed by the Lieutenant-Governor
of Manitoba and the North-West Territories, and Mr. Provencher,
empowering me to act for them in their absence, in their capacity
of Indian Commissioners.
I have the honor to be, Sir,
Your obedient servant,
(Signed) S. J. DAWSON.
THE HONORABLE THE MINISTER OF THE INTERIOR,
Ottawa.
ADHESION OF LAC SEUL INDIANS
LAC SEUL, 9th June, 1874.
We, the Chiefs and Councillors of Lac Seul, Seul, Trout and
Sturgeon Lakes, subscribe and set our marks, that we and our
followers will abide by the articles of the treaty made and
concluded with the Indians at the north-west angle of the Lake of
the Woods, on the third day of October, in the year of our Lord one
thousand eight hundred and seventy-three, between Her Most Gracious
Majesty the Queen of Great Britain and Ireland, by Her Commissioners,
Hon. Alexander Morris, Lieutenant-Governor of Manitoba and the
North-West Territories, Joseph Albert, N. Provencher and Simon J.
Dawson, of the one part, and the Saulteaux tribes of Ojibewa Indians,
inhabitants of the country as defined by the Treaty aforesaid.
In witness whereof, Her Majesty's Indian Agent and the Chiefs and
Councillors have hereto set their hands at Lac Seul, on the 9th day
of June, 1874.
(Signed) R. J. N. PITHER,
Indian Agent.
JOHN CROMARTY, His x mark.
Chief.
ACKEMENCE, " x "
MAINEETAINEQUIRE, " x "
NAH-KEE-JECKWAHE, " x "
Councillors.
The whole treaty explained by R. J. N. Pither.
Witnesses:
(Signed) JAMES McKENZIE.
LOUIS KITTSON.
NICHOLAS CHATELAN. His x mark.
THE QU'APPELLE TREATY, NUMBER FOUR
Articles of a treaty made and concluded this fifteenth day of
September, in the year of our Lord one thousand eight hundred and
seventy-four, between Her Most Gracious Majesty the Queen of Great
Britain and Ireland, by Her Commissioners, the Honorable Alexander
Morris, Lieutenant-Governor of the Province of Manitoba and the
North-West Territories, the Honorable David Laird, Minister of the
Interior, and William Joseph Christie Esq., of Brockville, Ontario,
of the one part; and the Cree, Saulteaux and other Indians,
inhabitants of the territory within the limits hereinafter defined
and described, by their Chiefs and head men, chosen and named as
hereinafter mentioned, of the other part;
Whereas, the Indians inhabiting the said territory have, pursuant
to an appointment made by the said Commissioners, been convened at
a meeting at Qu'Appelle Lakes, to deliberate upon certain matters
of interest to Her Most Gracious Majesty, of the one part and the
said Indians of the other:
And whereas, the said Indians have been notified and informed, by
Her Majesty's said Commissioners, that it is the desire of Her
Majesty to open up for settlement, immigration, trade and such
other purposes as to Her Majesty may seem meet, a tract of country
bounded and described as hereinafter mentioned; and to obtain the
consent thereto of her Indian subjects inhabiting the said tract;
and to make a treaty and arrange with them so that there may be
peace and good-will between them and Her Majesty, and between them
and Her Majesty's other subjects; and that her Indian people may
know and be assured of what allowance they are to count upon and
receive from Her Majesty's bounty and benevolence;
And whereas, the Indians of the said tract, duly convened in
councils as aforesaid, and being requested by Her Majesty's said
Commissioners to name certain Chiefs and head men who should be
authorized on their behalf to conduct such negotiations, and sign
any treaty to be founded thereon, and to become responsible to Her
Majesty for the faithful performance by their respective bands of
such obligations as shall be assumed by them, the said Indians have
thereupon named the following persons for that purpose, that is to
say: Ka-ki-sha-way, or Loud Voice (Qu'Appelle River); Pis-qua, or
The Plain (Leech Lake); Kea-wez-auce, or The Little Boy (Leech
Lake); Ka-ke-na-wup, or One that sits like an Eagle (Upper
Qu'Appelle Lakes); Kus-kee-tew-mus-coo-mus-qua, or Little Black
Bear (Cypress Hills); Ka-ne-on-us-ka-tew, or One that walks on four
claws (Little Touchwood Hills); Can-ah-ha-cha-pew, or Making ready
the Bow (south side of the south branch of the Saskatchewan);
Kii-si-can-ah-chuck, or Day Star (south side of the south branch of
the Saskatchewan); Ka-wa-ca-toose, or The Poor Man (Touchwood Hills
and Qu'Appelle Lakes); Ka-ku-wis-ta-haw, or Him that flies round
(towards the Cypress Hills); Cha-ca-chas (Qu'Appelle River);
Wah-pii-moose-too-siis, or White Calf, or Pus-coos (Qu'Appelle
River); Gabriel Cote, or Mee-may, or The Pigeon (Fort Pelly);
And thereupon in open council the different bands having presented
the men of their choice to the said Commissioners as the Chiefs and
head men for the purpose aforesaid of the respective bands of
Indians inhabiting the said district hereinafter described;
And whereas, the said Commissioners have proceeded to negotiate a
treaty with the said Indians, and the same has been finally agreed
upon and concluded as follows, that is to say:
The Cree and Saulteaux tribes of Indians, and all other the Indians
inhabiting the district hereinafter described and defined, do
hereby cede, release, surrender and yield up to the Government of
the Dominion of Canada for Her Majesty the Queen and her successors
forever, all their rights, titles and privileges whatsoever to the
lands included within the following limits, that is to say:
Commencing at a point on the United States frontier due south of
the north-western point of the Moose Mountains, thence due north to
said point of said Mountains, thence in a north-easterly course to
a point two miles due west of Fort Ellice, thence in a line
parallel with, and two miles westward from, the Assiniboine River
to the mouth of the Shell River, thence parallel to the said river,
and two miles distant therefrom, to its source; thence in a
straight line to a point on the western shore of Lake Winnipegoosis
due west from the most northern extremity of Waterhen Lake, thence
east to the centre of Lake Winnipegoosis, thence northwardly
through the middle of the said lake (including Birch Island) to the
mouth of Red Deer River, thence westwardly and south-westwardly
along and including the said Red Deer River and its lakes, Red Deer
and Etoimami, to the source of its western branch, thence in a
straight line to the source of the northern branch of the
Qu'Appelle, thence along and including said streams to the forks
near Long Lake, thence along and including the valley of the west
branch of the Qu'Appelle, thence along and including said river to
the mouth of Maple Creek; thence southwardly along said creek to a
point opposite the western extremity of the Cypress Hills; thence
due south to the international boundary; thence east along said
boundary to the place of commencement. Also all their rights,
titles and privileges whatsoever to all other lands wheresoever
situated within Her Majesty's North-West Territories, or any of
them, to have and to hold the same to Her Majesty the Queen and her
successors forever.
And Her Majesty the Queen hereby agrees, through the said
Commissioners, to assign reserves for said Indians, such reserves
to be selected by officers of Her Majesty's Government of the
Dominion of Canada appointed for that purpose, after conference
with each band of the Indians, and to be of sufficient area to
allow one square mile for each family of five, or in that
proportion for larger or smaller families.
Provided, however, that it be understood that if, at the time of
the selection of any reserves as aforesaid there are any settlers
within the bounds of the lands reserved for any band, Her Majesty
retains the right to deal with such settlers as she shall deem just
so as not to diminish the extent of lands allotted to the Indians;
and provided further that the aforesaid reserves of land, or any
part thereof, or any interest or right therein, or appurtenant
thereto, may be sold, leased or otherwise disposed of by the said
Government for the use and benefit of the said Indians, with the
consent of the Indians entitled thereto first had and obtained, but
in no wise shall the said Indians, or any of them, be entitled to
sell or otherwise alienate any of the lands allotted to them as
reserves.
In view of the satisfaction with which the Queen views the ready
response which Her Majesty's Indian subjects have accorded to the
invitation of her said Commissioners to meet them on this occasion;
and also in token of their general good conduct and behavior, she
hereby, through Her Commissioners, makes the Indians of the bands
here represented, a present--For each Chief, of twenty-five dollars
in cash, a coat, and a Queen's silver medal for each head man not
exceeding four in each band, fifteen dollars in cash, and a coat,
and for every other man, woman and child, twelve dollars in cash
and for those here assembled some powder, shot, blankets, calicoes
and other articles.