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.
As soon as possible
after the execution of this treaty, Her Majesty shall cause a census to
be taken of all the Indians inhabiting the tract hereinbefore described,
and shall next year, and annually afterwards, forever, cause to be paid,
in cash, at some suitable season to be duly notified to the Indians, and
at a place or places to be appointed for that purpose within the
territory ceded; each Chief, twenty-five dollars; each head man, not
exceeding four to a band, fifteen dollars; and to every other Indian,
man, woman and child, five dollars per head; such payment to be
made to the heads of families for those belonging thereto, unless for
some special reason it be found objectionable.
Her Majesty also agrees
that each Chief, and each head man, not to exceed four in each band,
once in every three years during the term of their office, shall receive
a suitable suit of clothing, and that yearly and every year, she will
cause to be distributed among the different bands included in the limits
of this treaty, powder, shot, ball and twine, in all to the value of
seven hundred and fifty dollars, and each Chief shall receive hereafter,
in recognition of the closing of the treaty, a suitable flag.
It is further agreed
between Her Majesty and the said Indians that the following articles
shall be supplied to any band thereof who are now actually cultivating
the soil, or who shall hereafter settle on these reserves and commence
to break up the land, that is to say--two hoes, one spade, one scythe,
and one axe for every family so actually cultivating; and enough seed,
wheat, barley, oats and potatoes to plant such lands as they have broken
up; also one plough and two harrows for every ten families so
cultivating as aforesaid; and also to each Chief, for the use of his
band as aforesaid, one yoke of oxen, one bull, four cows, a chest of
ordinary carpenter's tools, five hand-saws, five augers, one cross-cut
saw, one pit saw, the necessary files, and one grindstone; all the
aforesaid articles to be given once for all, for the encouragement of
the practice of agriculture among the Indians.
Further, Her Majesty
agrees to maintain a school in the reserve, allotted to each band, as
soon as they settle on said reserve, and are prepared for a teacher.
Further, Her Majesty
agrees that within the boundary of the Indian reserves, until otherwise
determined by the Government of the Dominion of Canada, 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 the North-West
Territories, from the evil effects of intoxication, shall be strictly
enforced.
And further, Her
Majesty agrees that her said Indians shall have right to pursue their
avocations of hunting, trapping and fishing throughout the tract
surrendered, subject to such regulations as may from time to time be
made by the Government of the country acting under the authority of Her
Majesty, and saving and excepting such tracts as may be required or
taken up from time to time for settlement, mining or other purposes
under grant, or other right given by Her Majesty's said Government.
It is further agreed
between Her Majesty and her said Indian subjects that such sections of
the reserves above indicated as may at any time be required for public
works or buildings, of whatever nature, may be appropriated for that
purpose by Her Majesty's Government of the Dominion of Canada, due
compensation being made to the Indians for the value of any improvements
thereon, and an equivalent in land or money for the area of the reserve
so appropriated.
And the undersigned
Chiefs and head men 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 between
themselves and other tribes of Indians, and between themselves and
others of Her Majesty's subjects, whether Indians, Half-breeds 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 assist
the fficers 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 and head men,
have hereunto subscribed and set their hands at Qu'Appelle, this day and
year herein first-above written.
(Signed) ALEXANDER
MORRIS,
Lieut.-Gov. N.-W. Territories.
DAVID LAIRD,
Indian Commissioner.
WILLIAM J. CHRISTIE.
KA-KII-SHI-WAY. His x mark.
PIS-QUA. " x "
KA-WE-ZAUCE. " x "
KA-KEE-NA-WUP. " x "
KUS-KEE-TEW-MUS-COO-MUS-QUA. " x "
KA-NE-ON-US-KA-TEW. " x "
CAN-AH-HA-CHA-PEW. " x "
KII-SI-CAW-AH-CHUCK. " x "
KA-RA-CA-TOOSE. " x "
KA-KII-NIS-TA-HAW. " x "
CHA-CA-CHAS. " x "
WA-PII-MOOSE-TOO-SUS. " x "
GABRIEL COTE, or MEE-MAY. " x "
Signed by the Chiefs
and head men within named in presence of the following witnesses, the
same having been first read and explained by Charles Pratt:
(Signed) W. OSBORNE
SMITH, C.M.G.,
Lieut.-Col. D.A.G.,
Commanding Dominion Forces in North-West.
PASCAL BRELAND.
EDWARD McKAY.
CHARLES PRATT.
PIERRE POITRAS.
BAPTIST DAVIS. His x mark.
PIERRE DENOMME. " x "
JOSEPH McKAY.
DONALD McDONALD.
A. McDONALD,
Captain Prov. Batt. Infantry.
G. W. W. STREET,
Ensign Prov. Batt. Infantry.
ALFRED CODD, M.D.,
Surgeon Prov. Batt. Infantry.
W. M. HERCHMER,
Captain.
C. DE CAZES,
Ensign.
JOSEPH POITRON.
M. G. DICKIESON,
Private Secretary of the Minister of the Interior.
PETER LAPIERRE.
HELEN H. McLEAN.
FLORA GARRIOCH.
JOHN COTTON,
Lieutenant Canadian Artillery.
JOHN ALLAN,
Lieutenant Prov. Batt. Infantry.
ADHESION OF THE FORT
ELLICE SAULTEAUX INDIANS
We, members of the
Saulteaux tribe of Indians, having had communication of the treaty
hereto annexed, made on the 15th day of September instant, between Her
Majesty the Queen and the Cree and Saulteaux Indians and other Indians
at Qu'Appelle Lakes, but not having been present at the councils held at
the Qu'Appelle Lakes 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 band which we
represent, in consideration of the provisions of the said treaty being
extended to us and the said band which we represent, transfer, surrender
and relinquish to Her Majesty the Queen, her heirs and successors, to
and for the use of her Government of her Dominion of Canada, all our
right, title and privileges whatsoever which we and the said bands which
were present 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;
also all our right, title, and privileges whatsoever to all other lands
wherever situated, whether within the limit of any treaty formerly made,
or hereafter to be made, with the Saulteaux tribe or any other tribe of
Indians inhabiting Her Majesty's North-West territories, or any of them,
to have and to hold the same unto and to the use of her said Majesty the
Queen, her heirs and successors, forever.
And we hereby agree to
accept the several provisions, payments and reserves of the said treaty,
signed at the Qu'Appelle Lakes 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
ourselves and the band 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 Chief and head man,
have hereunto subscribed and set their hands at Fort Ellice this
twenty-first day of September, in the year of our Lord one thousand
eight hundred and seventy-four.
(Signed) ALEXANDER
MORRIS,
Lieut.-Gov. N.-W. Territories.
DAVID LAIRD,
Indian Commissioner.
W. J. CHRISTIE,
Indian Commissioner.
WA-WA-SE-CAPOW (or The man
proud of standing upright). His x mark.
OTA-MA-KOO-EWIN (or Shapous-e-tung's
first son--The man
who stands on the earth). " x "
Signed by the parties
hereto in the presence of the undersigned witnesses, the same having
been first explained to the Indians by Joseph Robillard:
(Signed) ARCH. McDONALD.
GEORGE FLETT.
A. MAXWELL.
DAVID ARMIT.
HENRY McKAY.
ELLEN McDONALD.
MARY ARMIT.
ADHESION OF SAULTEAUX
AND ASSINIBOINE INDIANS
The members of the
Saulteaux and Stoney tribes of Indians, having had communication of the
treaty hereto annexed, made on the 15th day of September last, between
Her Majesty the Queen and the Cree and Saulteaux Indians and other
Indians at Qu'Appelle Lakes, but not having been present at the Councils
held at the Qu'Appelle Lakes, 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 bands which we represent in consideration of the provisions of the
said treaty having been 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 Government of
her Dominion of Canada, all our right, title and privileges whatsoever
which we and the said bands which we represent, have, hold or enjoy of,
in, and to the territory described and fully set out in the said
articles of treaty and every part thereof; also, all our right, title
and privileges whatsoever to all other lands wherever situated, whether
within the limit of any treaty formerly made or hereafter to be made
with the Saulteaux tribe or any other tribe of Indians inhabiting Her
Majesty's North-West Territories, or any of them, to have and to hold
the same unto and to the use of her said Majesty the Queen, her heirs
and successors forever.
And we hereby agree to
accept the several provisions, payments and reserves of the said treaty,
signed at the Qu'Appelle Lakes 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 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 ourselves
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 Commissioners and the said Indian Chiefs have hereunto
subscribed and set their hands at Qu'Appelle Lakes this eighth day of
September, in the year of Our Lord one thousand eight hundred and
seventy-five.
(Signed) W. J.
CHRISTIE,
Indian Commissioner.
M. G. DICKIESON,
Acting Indian Commissioner.
W. F. WRIGHT.
CHEECUCK. His x mark.
Signed by the parties
hereto in the presence of the undersigned witnesses, the same having
been explained to the Indians by William the Second McKay:--
(Signed) WILLIAM S.
McKAY.
A. McDONALD.
PASCAL BRELAND.
WILLIAM WAGNER.
ADHESION OF CREE,
SAULTEAUX AND ASSINIBOINE INDIANS
We, members of the
Cree, Saulteaux, and Stonie tribes of Indians, having had communication
of the treaty hereto annexed, made on the fifteenth day of September
last, between Her Majesty the Queen and the Cree and Saulteaux Indians,
and other Indians at Qu'Appelle Lakes, but not having been present at
the councils held at the Qu'Appelle Lakes, 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 bands which we represent in consideration of the
provisions of the said treaty having been 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
Government, of her Dominion of Canada, all our right, title, and
privileges whatsoever which we and the said bands which we represent,
have, hold or enjoy of, in, and to the territory described and fully set
out in the said articles of treaty and every part thereof, also, all our
right, title and privileges whatsoever to all other lands wherever
situated whether within the limit of any treaty formerly made, or
hereafter to be made with the Saulteaux tribe or any other tribe of
Indians inhabiting Her Majesty's North-West Territories, or any of them.
To have and to hold the same, unto and to the use of her said Majesty
the Queen, her heirs and successors forever.
And we hereby agree to
accept the several provisions, payments, and reserves of the said treaty
signed at the Qu'Appelle Lakes 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 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 ourselves
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 Commissioners and the said Indian Chiefs have hereunto
subscribed and set their hands at Qu'Appelle Lakes, this ninth day of
September, in the year of Our Lord one thousand eight hundred and
seventy-five.
(Signed) W. J.
CHRISTIE,
Indian Commissioner.
M. G. DICKIESON,
Acting Indian Commissioner.
W. J. WRIGHT.
WAH-PEE-MAKWA, His x mark.
(The White Bear).
O'KANES, " x "
PAYEPOT, " x "
LE-CROUP-DE-PHEASANT, " x "
KITCHI-KAH-ME-WIN, " x "
Signed by the parties
hereto in the presence of the undersigned witnesses, the same having
been first explained to the Indians by Charles Pratt.
(Signed) CHARLES PRATT.
A. McDONALD.
JOS. READER.
PASCAL BRELAND.
REVISION OF TREATIES
NUMBERS ONE AND TWO
Copy of a report of a
Committee of the Honorable the Privy Council, approved by His Excellency
the Governor-General in Council, on the 30th April, 1875.
On a memorandum dated
27th April, 1875, from the Honorable the Minister of the Interior,
bringing under consideration the very unsatisfactory state of affairs
arising out of the so called "outside promises" in connection with the
Indian Treaties Numbers One and Two--Manitoba and North-West
Territories--concluded, the former on the 3rd August, 1871, and the
latter on 21st of the same month, and recommending for the reasons
stated:
1st. That the written
memorandum attached to Treaty Number One be considered as part of that
treaty and of Treaty Number Two, and that the Indian Commissioner be
instructed to carry out the promises therein contained in so far as they
have not yet been carried out, and that the Commissioner be advised to
inform the Indians that he has been authorized so to do.
2nd. That the Indian
Commissioner be instructed to inform the Indians, parties to Treaties
Numbers One and Two, that, while the Government cannot admit their claim
to anything which is not set forth in the treaty and in the memorandum
attached thereto, which treaty is binding alike upon the Government and
upon the Indians, yet, as there seems to have been some misunderstanding
between the Indian Commissioner and the Indians in the matter of
Treaties Numbers One and Two, the Government out of good feeling to the
Indians and as a matter of benevolence, is willing to raise the annual
payment to each Indian under Treaties Numbers One and Two from three
dollars to five dollars per annum, and make payment over and above such
sum of five dollars, of twenty dollars each and every year to each
Chief, and a suit of clothing every three years to each Chief and each
head man, allowing two head men to each band; on the express
understanding, however, that each Chief or other Indian who shall
receive such increased annuity or annual payment shall be held to
abandon all claim whatever against the Government in connection with the
so called "outside promises" other than those contained in the
memorandum attached to the treaty.
The committee submit
the foregoing recommendation for Your Excellency's approval.
(Signed) W. A.
HIMSWORTH,
Clerk, Privy Council.
Certified:
W. A. HIMSWORTH,
Clerk, Privy Council.
ACCEPTANCES THEREOF BY
LAKE MANITOBA INDIANS AND THE OTHER BANDS
We, the undersigned
Chiefs and head men of Indian bands representing bands of Indians who
were parties to the Treaties Numbers One and Two mentioned in the report
of a Committee of the Queen's Privy Council of Canada above printed,
having had communication thereof and fully understanding the same,
assent thereto and accept the increase of annuities therein mentioned on
the condition therein stated and with the assent and approval of their
several bands, it being agreed, however, with the Queen's Commissioners,
that the number of braves and councillors for each Chief shall be four
as at present, instead of two as printed 1875. (Treaty Number Two, 23rd
August, 1875.)
Representing East
Manitoba or Elm Point:
(Signed) SON-SONSE, His x mark.
Chief.
NA-KA-NA-WA-TANY. " x "
PA-PA-WE-GUN-WA-TAK, " x "
Councillors.
Representing Fairford Prairie:
MA-SAH-REE-YASH, His x mark.
Chief.
DAVID MARSDEN, " x "
JOSEPH SUMNER, " x "
Councillors.
Representing Fairford Mission:
RICHARD WOODHOUSE, His x mark.
Chief.
JOHN ANDERSON, " x "
JOHN THOMPSON, " x "
Councillors.
Representing (formerly Crane River and now) Ebb and Flow Lake:
OENAISE, His x mark.
Chief.
BAPTISTE " x "
(son of deceased Broken Finger).
KA-NEE-GUA-NASH, " x "
Councillors.
Representing Waterhen band:
KA-TAH-KAK-WA-NA-YAAS, His x mark.
Chief.
WA-WAH-RON-WEK-AH-PON, " x "
Councillor.
Representing the Turtle and Valley Rivers, and Riding Mountain:
KEE-SICK-KOO-WE-NIN His x mark.
(in place of Mekis, dead),
Chief.
KEE-SAY-KEE-SICK, " x "
Councillor.
NOS-QUASH, " x "
BAPTISTE,
Braves.
Representing the St. Peter's band:
MIS-KOO-KE-NEU His x mark.
(or Red Eagle).
MA-TWA-KA-KE-TOOH. " x "
I-AND-EVAYWAY. " x "
MA-KO-ME-WE-KEM. " x "
AS-SHO-AH-MEY. " x "
In presence of the
following:
(Signed) ALEX. MORRIS,
Lieut.-Governor.
JAMES McKAY.
JAMES F. GRAHAM.
ISAAC COWIE.
FRANCIS FIELD.
JOHN A. DAVIDSON.
CHARLES WOOD.
We, the undersigned, Chiefs and head men of Indian bands representing
bands of Indians who were parties to the Treaties Numbers One and Two,
mentioned in the report of a Committee of the Queen's Privy Council of
Canada, "as printed on the other side of this parchment," having had
communication thereof, and fully understanding the same, assent thereto
and accept the increase of annuities therein mentioned on the condition
therein stated, and with the assent and approval of their several bands,
it being agreed, however, with the Queen's Commissioners, that the
number of braves and councillors for each Chief shall be four, as at
present, instead of two as printed, 1875.
Signed near Fort
Alexander, on the Indian reserve, the twenty-third day of August, in the
year of Our Lord one thousand eight hundred and seventy-five.
KA-KE-KE-PENOIS His x
mark.
(William Pennefather).
JOSEPH KENT. " x "
PETANAQUAQE
(Henry Vane). " x "
PETER HENDERSON. " x "
KAY-PAYAHSINISK. " x "
Witnesses:
(Signed) J. A. N. PROVENCHER,
Indian Commissioner.
J. DUBUC.
A. DUBUC.
JOS. MONKMAN,
Interpreter.
WILLIAM LEUNT.
Signed at Broken Head
River, the twenty-eighth day of August, in the year of Our Lord one
thousand eight hundred and seventy-five.
(Signed) J. A. N.
PROVENCHER,
Indian Commissioner.
NASHA-KE-PE-NOIS. His x mark.
AH-KEE-SEEK-WAS-KEMG. " x "
NAYWA-BE-BEE-KEE-SIK. " x "
MAY-JAH-KEE-GEE-QUAN. " x "
PAY-SAUGA. " x "
Witnesses:
(Signed) J. DUBUC.
H. S. REYNOLDS.
DANIEL DEVLIN.
H. COOK.
Signed on the Reserve
at Roseau River, eighth day of September, in the year of Our Lord one
thousand eight hundred and seventy-five.
(Signed) J. A. N.
PROVENCHER,
Indian Commissioner.
NA-NA-WA-NA-NAN His x mark.
(or, Centre of Bird's Tail),
KE-WE-SAY-ASH " x "
(or, Flying Round),
WA-KO-WASH (or, Whippoorwill), " x "
Chiefs.
OSAH-WEE-KA-KAY, " x "
OSAYS-KOO-KOON, " x "
SHAY-WAY-ASH, " x "
SHE-SKE-PENSE, " x "
MA-MEH-TAH-CUM-E-CUP, " x "
PAH-TE-CU-WEE-NIUN, " x "
Councillors.
KAK-KA-QUIN-IASH, " x "
ANA-WAY-WEE-TIN, " x "
TIBIS-QUO-QE-SICK, " x "
WE-SHO-TA, " x "
NAT-TEE-KEE-GET, " x "
Braves.
Witness:
(Signed) JAMES F. GRAHAM.
THE LAKE WINNIPEG
TREATY, NUMBER FIVE
Articles of a treaty
made and concluded at Berens River the twentieth day of September, and
at Norway House the twenty-fourth day of September in the year of Our
Lord one thousand eight hundred and seventy-five, 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, and the
Honorable James McKay, of the one part, and the Saulteaux 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 the Indians
inhabiting the said country have, pursuant to an appointment made by the
said Commissioners, been convened at meetings at Berens River and Norway
House, 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:--For the Indians within the Berens River region
and their several bands:
Nah-wee-kee-sick-quah-yash,
Chief; Kah-nah-wah-kee-wee-nin and Nah-kee-quan-nay-yash, Councillors,
and Pee-wah-noo-wee-nin, of Poplar River, Councillor; for the Indians
within the Norway House region and their several bands, David Rundle,
Chief; James Cochrane, Harry Constatag and Charles Pisequinip,
Councillors; and Ta-pas-ta-num, or Donald William Sinclair Ross, Chief;
James Garriock and Proud McKay, Councillors;
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 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 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 the north
corner or junction of Treaties Numbers One and Three, thence easterly
along the boundary of Treaty Number Three to the height of land at the
north-east corner of the said treaty limits, a point dividing the waters
of the Albany and Winnipeg Rivers, thence due north along the said
height of land to a point intersected by the 53 degrees of north
latitude and thence north-westerly to Favourable Lake, thence following
the east shore of said lake to its northern limit, thence north-westerly
to the north end of Lake Winnipegosis, thence westerly to the height of
land called "Robinson's Portage," thence north-westerly to the east end
of Cross Lake, thence north-westerly crossing Fox's Lake, thence
north-westerly to the north end of Split Lake, thence south-westerly to
Pipestone Lake, on Burntwood River, thence south-westerly to the western
point of John Scott's Lake, thence south-westerly to the north shore of
Beaver Lake, thence south-westerly to the west end of Cumberland Lake,
thence due south to the Saskatchewan River, thence due south to the
north-west corner of the northern limits of Treaty Number Four,
including all territory within the said limits, and all islands on all
lakes within the said limits as above described, and it being also
understood that in all cases where lakes form the treaty limits, ten
miles from the shore of the lake should he included in the treaty;
And also all their
rights, titles and privileges whatsoever to all other lands wherever
situated in the North-West Territories, or in any other Province or
portion of Her Majesty's Dominions situated and being within the
Dominion of Canada;
The tract comprised
within the lines above described embracing an area of one hundred
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 other reserves 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; provided all such reserves shall not exceed in all
one hundred and sixty acres for each family of five, or in that
proportion for larger or smaller families in manner following, that is
to say:--For the band of Saulteaux in the Berens River region now
settled, or who may within two years settle therein, a reserve
commencing at the outlet of Berens River into Lake Winnipeg, and
extending along the shores of said lake and up said river and into the
interior behind said lake and river, so as to comprehend one hundred and
sixty acres for each family of five, a reasonable ddition being,
however, to be made by Her Majesty to the extent of the said reserve for
the inclusion in the tract so reserved of swamps, but reserving the free
navigation of the said lake and river, and free access to the shores and
waters thereof for Her Majesty and all her subjects, and excepting
thereout such land as may have been granted to or stipulated to be held
by the Hudson's Bay Company, and also such land as Her Majesty or her
successors may in her good pleasure see fit to grant to the mission
established at or near Berens River by the Methodist Church of Canada,
for a church, school-house, parsonage, burial ground and farm, or other
mission purposes; and to the Indians residing at Poplar River, falling
into Lake Winnipeg north of Berens River, a reserve not exceeding one
hundred and sixty acres to each family of five, respecting as much as
possible their present improvements; and inasmuch as a number of the
Indians now residing in and about Norway House, of the band of whom
David Rundle is Chief, are desirous of removing to a locality where they
can cultivate the soil, Her Majesty the Queen hereby agrees to lay aside
a reserve on the west side of Lake Winnipeg, in the vicinity of Fisher
River, so as to give one hundred acres to each family of five, or in
that proportion for larger or smaller families, who shall remove to the
said locality within "three years," it being estimated that ninety
families or thereabout will remove within the said period, and that a
reserve will be laid aside sufficient for that or the actual number; and
it is further agreed that those of the band who remain in the vicinity
of "Norway House" shall retain for their own use their present gardens,
buildings and improvements until the same be departed with by the
Queen's Government, with their consent first had and obtained for their
individual benefit, if any value can be realized therefor; and with
regard to the band of Wood Indians of whom Ta-pas-ta-num or Donald
William Sinclair Ross is Chief, a reserve at Otter Island on the west
side of Cross Lake of one hundred and sixty acres for each family of
five, or in that proportion for smaller families, reserving however to
Her Majesty, her successors, and her subjects, the free navigation of
all lakes and rivers, and free access to the shores thereof; Provided,
however, that Her Majesty reserves the right to deal with any settlers
within the bounds of any lands reserved for any band as she shall deem
fit, and also that the aforesaid reserves of land, or any interest
therein, may be sold or otherwise disposed of by Her Majesty's
Government for the use and benefit of the said Indians entitled thereto,
with their consent first had and obtained; and with a view to shew the
satisfaction of Her Majesty with the behavior and good conduct of her
Indians she hereby through her Commissioners makes them a present of
five 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 the 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 her 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 improvement 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 five 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 in manner following, that is to say:--In the reasonable
discretion as regards the distribution thereof among the Indians
inhabiting the several reserves or otherwise included herein, of Her
Majesty's Indian Agent having the supervision of this treaty;
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
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 also one cross-cut saw; one hand saw, one pit saw, the necessary
files, one grindstone, and 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 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, and 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 tracts; and that they will not molest the person or property of
any inhabitant of such ceded tracts, or the property of Her Majesty the
Queen, or interfere with or trouble any person passing or travelling
through the said tracts 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 Berens River, this twentieth day of
September, A.D. 1875, and at Norway House, on the twenty-fourth day of
the month and year herein first above named.
(Signed) ALEXANDER
MORRIS, [L. S.]
Lieut.-Governor.
JAMES McKAY, [L. S.]
NAH-WEE-KEE-SICK-QUAH-YASH His x mark.
(otherwise Jacob Berens),
Chief.
KAH-WAH-NAH-KEE-WEE-NIN " x "
(otherwise Antoine Gouin),
NAH-KEE-QUAN-NAY-YAH, " x "
PEE-WAH-ROO-WEE-NIN, " x "
Councillors.
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) THOMAS HOWARD.
A. G. JACKES, M.D.
CHRISTINE MORRIS.
E. C. MORRIS.
ELIZABETH YOUNG.
EGERTON RYERSON YOUNG.
WILLIAM McKAY.
JOHN McKAY.
Signed at Norway House
by the Chiefs and Councillors hereunto subscribing in the presence of
the undersigned witnesses, the same having been first read and
explained, by the Honorable James McKay:
(Signed) ALEXANDER
MORRIS, [L.S.]
Lieut.-Governor.
JAMES McKAY. [L.S.]
DAVID RUNDLE,
Chief.
JAMES COCHRANE, His x mark.
HARRY CONSTATAG, " x "
CHARLES PISEQUINIP, " x "
Councillors.
TA-PAS-TA-NUM " x "
(or Donald William
Sinclair Ross),
Chief.
GEORGE GARRIOCK,
PROUD McKAY, " x "
Councillors.
Witnesses:
(Signed) RODERICK ROSS.
JOHN H. RUTTAN,
Methodist Minister.
O. GERMAN,
Methodist Minister.
D. C. McTAVISH.
ALEXANDER SINCLAIR.
L. C. McTAVISH.
CHRISTINE V. K. MORRIS.
E. C. MORRIS.
A. G. JACKES, M.D.
THOMAS HOWARD.
ADHESION OF
SASKATCHEWAN INDIANS
We the band of the
Saulteaux tribe of Indians, residing at the mouth of the Saskatchewan
River, on both sides thereof, having had communication of the foregoing
treaty, hereby, and in consideration of the provisions of the said
treaty being extended to us, transfer, surrender, and relinquish to Her
Majesty the Queen, her heirs and successors, to and for the use of the
Government of Canada, all our right, title and privileges whatsoever,
which we have or enjoy in the territory described in the said treaty,
and every part thereof, to have and, to bold to the use of Her Majesty
the Queen, and her heirs and successors forever.
And Her Majesty agrees,
through the said Commissioners, to assign a reserve of sufficient area
to allow one hundred and sixty acres to each family of five, or in that
proportion for larger or smaller families--such reserves to be laid off
and surveyed next year, on the south side of the River Saskatchewan.
And having regard to
the importance of the land where the said Indians are now settled, in
respect of the purposes of the navigation of the said river, and
transport in connection therewith, and otherwise, and in view of the
fact that many of the said Indians have now houses and gardens on the
other side of the river, and elsewhere, which they will abandon, Her
Majesty agrees, through her said Commissioners, to grant a sum of five
hundred dollars to the said band, to be paid in equitable proportions to
such of them as have houses, to assist them in removing their houses to
the said reserve, or building others. And the said Indians represented
herein by their Chief and Councillors, presented as such by the band, do
hereby agree to accept the several provisions, payments, and other
benefits as stated in the said treaty, 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 ourselves had been
originally contracting parties thereto.
In witness whereof, Her
Majesty's said Commissioners and the said Indian Chief and Councillors
have hereunto subscribed and set their hands, at the Grand Rapids, this
twenty-seventh day of September, in the year of Our Lord one thousand
eight hundred and seventy-five.
(Signed) ALEXANDER
MORRIS, [L.S.]
Lieut.-Governor.
JAMES McKAY. [L.S.]
PETER BEARDY, His x mark.
Chief.
JOSEPH ATKINSON, " x "
ROBERT SANDERSON, " x "
Councillors.
Signed by the parties
in the presence of the undersigned witnesses, the same having been first
explained to the Indians by the Honorable James McKay:
(Signed) THOMAS HOWARD.
RODERICK ROSS.
E. C. MORRIS.
A. G. JACKES, M.D.
ALEXANDER MATHESON.
JOSEPH HOUSTON.
CHRISTINE V. K. MORRIS.
Memorandum.
The Queen's Indian
Commissioners having met Thickfoot and a portion of the Islands band of
Indians at Wapang or Dog Head Island, on the twenty-eighth day of
September A.D. 1875, request him to notify the Island Indians and those
of Jack Head Point, to meet at Wapang an Indian agent next summer, to
receive payments under the treaty, which they have made with the Indians
of Norway House, Berens River, Grand Rapids and Lake Winnipeg, and in
which they are included, at a time of which they will be notified, and
to be prepared then to designate their Chief and two Councillors. The
Commissioners have agreed to give some of the Norway House Indians a
reserve at Fisher Creek, and they will give land to the Island Indians
at the same place.
Given at Wapang, this
28th day of September, A.D. 1875, under our hands.
ALEXANDER MORRIS,
Lieut.-Governor.
JAMES McKAY.
I accept payments under
the treaty for myself and those who may adhere to me, and accept the
same and all its provisions, as a principal Indian, and agree to notify
the Indians as above written.
Wapang, September 28th,
1875.
(Signed) THICKFOOT. His x mark.
Witness:
(Signed) THOMAS HOWARD.
RODERICK ROSS.
Note--In 1876 Messrs.
Howard and Reid obtained the adhesions to the Winnipeg Treaty of the
Indians of the Dog Head, Bloodvein River, Big Island, and Jack Fish Head
bands on Lake Winnipeg, and of the Island and Grand Rapids of the Berens
River band, and of the Pas, Cumberland and Moose Lake bands on the
Saskatchewan River, as will be found stated in Chapter VIII.
THE TREATIES AT FORTS
CARLTON AND PITT, NUMBER SIX
Articles of a treaty
made and concluded near Carlton, on the twenty-third day of August, and
on the twenty-eighth day of said month, respectively, and near Fort Pitt
on the ninth day of September, in the year of Our Lord one thousand
eight hundred and seventy-six, 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, and the Honorable James McKay and the
Honorable William Joseph Christie, of the one part, and the Plain and
the Wood Cree Tribes of Indians, and the other 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 the Indians
inhabiting the said country have, pursuant to an appointment made by the
said Commissioners, been convened at meetings at Fort Carlton, Fort Pitt
and Battle River, 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 Commissioners to name certain Chiefs and head
men, who should be authorized, on their behalf, to conduct each
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 for that purpose, that is to
say:--representing the Indians who make the treaty at Carlton, the
several Chiefs and Councillors who have subscribed hereto, and
representing the Indians who make the treaty at Fort Pitt, the several
Chiefs and Councillors who have subscribed hereto;
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 district hereinafter
described;
And whereas the said
Commissioners then and there received and acknowledged the persons so
represented, 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 Plain and Wood 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 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 the mouth
of the river emptying into the north-west angle of Cumberland Lake,
thence westerly up the said river to the source, thence on a straight
line in a westerly direction to the head of Green Lake, thence northerly
to the elbow in the Beaver River, thence down the said river northerly
to a point twenty miles from the said elbow; thence in a westerly
direction, keeping on a line generally parallel with the said Beaver
River (above the elbow), and about twenty miles distance therefrom, to
the source of the said river; thence northerly to the north-easterly
point of the south shore of Red Deer Lake, continuing westerly along the
said shore to the western limit thereof, and thence due west to the
Athabaska River, thence up the said river, against the stream to the
Jasper House, in the Rocky Mountains; thence on a course
south-eastwardly, following the easterly range of the Mountains, to the
source of the main branch of the Red Deer River; thence down the said
river, with the stream, to the junction therewith of the outlet of the
river, being the outlet of the Buffalo Lake; thence due east twenty
miles, thence on a straight line south-eastwardly to the mouth of the
said Red Deer River on the South Branch of the Saskatchewan River;
thence eastwardly and northwardly, following on the boundaries of the
tracts conceded by the several Treaties numbered Four and Five, to the
place of beginning;
And also all their
rights, titles and privileges whatsoever, to all other lands, wherever
situated, in the North-West Territories, or in any other Province or
portion of Her Majesty's Dominions, situated and being within the
Dominion of Canada;
The tract comprised
within the lines above described, embracing an area of one hundred and
twenty-one 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 other reserves 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, provided all such reserves shall not exceed in all
one square mile for each family of five, or in that proportion for
larger or smaller families, in manner following that is to say:--
That the Chief
Superintendent of Indian Affairs shall depute and send a suitable person
to determine and set apart the reserves for each band, after consulting
with the Indians thereof as to the locality which may be found to be
most suitable for them;
Provided, however, that
Her Majesty reserves the right to deal with any settlers within the
bounds of any lands reserved for any band as she shall deem fit, and
also that the aforesaid reserves of land or any interest therein may be
sold or otherwise disposed of by Her Majesty's Government for the use
and benefit of the said Indians entitled thereto, with their consent
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 the 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 her 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 territories 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, in manner following, that is to say:--In the reasonable
discretion as regards the distribution thereof, among the Indians
inhabiting the several reserves, or otherwise included herein, of Her
Majesty's Indian Agent having the supervision of this treaty;
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
cultivating the soil, or who shall hereafter commence to cultivate the
land, that is to say--Four hoes for every family actually cultivating,
also two spades per family as aforesaid; one plough for every three
families, as aforesaid, one harrow for every three families as
aforesaid; two scythes, and one whetstone and two hayforks and two
reaping-hooks for every family as aforesaid; and also two axes, and also
one cross cut saw, and also one hand saw, one pit saw, the necessary
files, one grindstone and 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, four oxen, one bull and six cows, also one boar and two sows, and
one handmill when any band shall raise sufficient grain therefor; 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 four for each
band, shall receive fifteen dollars per annum; and each such Chief and
subordinate officer as aforesaid, shall also receive, once 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
also, as soon as convenient, one horse, harness and waggon;
That in the event
hereafter of the Indians comprised within this treaty being overtaken by
any pestilence, or by a general famine, the Queen, on being satisfied
and certified thereof by her Indian Agent or Agents, will grant to the
Indians assistance of such character and to such extent as her Chief
Superintendent of Indian Affairs shall deem necessary and sufficient to
relieve the Indians from the calamity that shall have befallen them;
That during the next
three years, after two or more of the reserves hereby agreed to be set
apart to the Indians, shall have been agreed upon and surveyed, there
shall be granted to the Indians included under the Chiefs adhering to
the treaty at Carlton, each spring, the sum of one thousand dollars to
be expended for them by Her Majesty's Indian Agents, in the purchase of
provisions for the use of such of the band as are actually settled on
the reserves and are engaged in cultivating the soil, to assist them in
such cultivation;
That a medicine chest
shall be kept at the house of each Indian Agent for the use and benefit
of the Indians, at the discretion of such Agent;
That with regard to the
Indians included under the Chiefs adhering to the treaty at Fort Pitt,
and to those under Chiefs within the treaty limits who may hereafter
give their adhesion hereto (exclusively, however, of the Indians of the
Carlton Region) there shall, during three years, after two or more
reserves shall have been agreed upon and surveyed, be distributed each
spring among the bands cultivating the soil on such reserves, by Her
Majesty's Chief Indian Agent for this treaty in his discretion, a sum
not exceeding one thousand dollars, in the purchase of provisions for
the use of such members of the band as are actually settled on the
reserves and engaged in the cultivation of the soil, to assist and
encourage them in such cultivation;
That, in lieu of
waggons, if they desire it, and declare their option to that effect,
there shall be given to each of the Chiefs adhering hereto, at Fort Pitt
or elsewhere hereafter (exclusively of those in the Carlton District) in
recognition of this treaty, so soon as the same can be conveniently
transported, two carts, with iron bushings and tires;
And the undersigned
Chiefs, on their 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, and 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 tracts,
and that they will not molest the person or property of any inhabitant
of such ceded tracts, or the property of Her Majesty the Queen, or
interfere with or trouble any person passing or travelling through the
said tracts 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 or near Fort Carlton, on the day and
year aforesaid, and near Fort Pitt on the day above aforesaid.
(Signed) ALEXANDER
MORRIS,
Lieut.-Governor, N.-W.T.
JAMES McKAY,
W. J. CHRISTIE,
Indian Commissioners.
MIST-OW-AS-IS, His x mark.
AH-TUK-UK-KOOP, " x "
Head Chiefs of the Carlton Indians.
PEE-YAHN-KAH-NIHK-OO-SIT, " x "
AH-YAH-TUS-KUM-IK-IM-UM, " x "
KEE-TOO-WA-HAN, " x "
CHA-KAS-TA-PAY-SIN, " x "
JOHN SMITH, " x "
JAMES SMITH, " x "
CHIP-EE-WAY-AN, " x "
Chiefs.
MASSAN, " x "
PIERRE CADIEN, " x "
OO-YAH-TIK-WAH-PAHN, " x "
MAHS-KEE-TE-TIM-UN, " x "
Councillors of Mist-ow-as-is.
SAH-SAH-KOO-MOOS, " x "
BENJAMIN, " x "
MEE-NOW-AH-CHAHK-WAY, " x "
KEE-SIK-OW-ASIS, " x "
Councillors of Ah-tuk-uk-koop.
PEE-TOOK-AH-HAN-UP-EE-GIN-EW, " x "
PEE-AY-CHEW, " x "
TAH-WAH-PISK-EE-KAHP-POW, " x "
AHS-KOOS, " x "
Councillors of Pee-yahn-kah-nihk-oo-sit.
PET-E-QUA-CAY, " x "
JEAN BAPTISTE, " x "
ISIDORE WOLFE, " x "
KEE-KOO-HOOS, " x "
Councillors of Kee-too-wa-han.
OO-SAHN-ASKU-NUKIP, " x "
YAW-YAW-LOO-WAY, " x "
SOO-SOU-AIM-EE-LUAHN, " x "
NUS-YOH-YAK-EE-NAH-KOOS, " x "
Councillors of Ah-yah-tus-kum-ik-im-um.
WILLIAM BADGER,
BENJAMIN JOYFUL, " x "
JOHN BADGER,
JAMES BEAR,
Councillors of John Smith.
KAH-TIP-IS-KOOR-AHT, " x "
KAH-KEW-EE-KWAHW-AHS-UM, " x "
NAH-PACH, " x "
MUS-IN-AH-NE-HIM-AHN, " x "
Councillors of Cha-kas-ta-pay-sin.
BERNARD CONSTANT,
HENRY SMYTH, " x "
MAH-TUA-AHS-TIM-OO-WE-GIN, " x "
JACOB McLEAN, " x "
Councillors of James Smith.
NAH-POO-CHEE-CHEES, " x "
NAH-WIS, " x "
KAH-PAH-PAH-MAH-CHAHK-NAY, " x "
KEE-YEW-AH-KAH-PIM-WAHT, " x "
Councillors of Chip-ee-way-an.
NAH-WEE-KAH-NICK-KAH-OO-
TAH-MAH-HOTE " x "
(or Neeh-cha-aw-asis),
Chief.
Signed by the Chiefs
within named in the presence of the following witnesses, the same having
been first read and explained by Peter Erasmus, Peter Ballendine and the
Rev. John McKay:
(Signed) A. G. JACKES,
M.D.
JAMES WALKER,
J. H. McILLREE,
N.-W.M.P.
PIERRE LEVAILLER, His x mark.
ISIDORE DUMOND, " x "
JEAN DUMOND, " x "
PETER HOURIE,
FRANCOIS GINGRAS,
J. B. MITCHELL,
Staff Constable, N.-W.M.P.
J. H. PRICE,
Hospital Steward, N.-W.M.P.
XAVIER LETANGER, His x mark.
WILLIAM SINCLAIR,
A. R. KENNEDY,
R. J. PRITCHARD,
L. CLARKE,
W. McKAY,
W. D. JARVIS,
Inspector, N.-W.M.P.
Signed by the Chiefs
and head men of the Willow Indians near Fort Carlton, this 28th day of
August, A.D. 1876, the same having been first read and explained by the
Honorable James McKay, and Peter Erasmus, in the presence of the
undersigned witnesses:
SEE-SEE-QUAM-ISH, His x
mark.
NEE-TOO-KEE-WEE-KAH-MAN, " x "
Councillors.
KAH-MEE-YIS-TOO-WAY-SIT, " x "
KAH-PAY-YAK-WAHSK-OO-MUM, " x "
SEE-SEE-KWAHN-IS, " x "
Joint Chiefs of Willow Indians.
KAH-NAH-KAH-SKOW-WAHT. " x "
KAH-AH-TEE-KOO-NEW. " x "
KAH-NAH-MAH-CHEW. " x "
MOON-OO-YAHS. " x "
PO-MIN-AH-KOW. " x "
OO-TUK-KOO-PAH-KAH-MAY-
TOU-MAY-YET. " x "
(Signed) A. G. JACKES, M.D.
JOSEPH GENTON.
JOHN A. KERR.
PIERRE LEVAILLER. His x mark.
W. D. JARVIS,
N.-W.M.P.
Signed by Her Majesty's
Commissioners, and by the Chiefs and head men hereafter subscribing
hereto, the same having been first read and explained to the Indians by
the Honorable James McKay and Peter Erasmus, near Fort Pitt, this 9th
day of September, A.D. 1876, in the presence of the undersigned
witnesses:
(Signed) ALEXANDER
MORRIS,
Lieut.-Governor, N.W.T.
JAMES McKAY,
W. J. CHRISTIE,
Indian Commissioners.
WEE-KAS-KOO-KEE-PAY-YIN, His x mark.
PEE-YAS-EE-WAH-KAH-WE-CHAH-KOOT, " x "
JAMES SEENUM, " x "
OO-NAH-LAT-MEE-NAH-HOOS, " x "
SEE-KAHS-KOOTCH, " x "
TUS-TUSK-EE-SKWAIS, " x "
PEE-WAY-SIS, " x "
KEE-YE-WIN, " x "
Cree Chiefs.
KIN-OO-SAY-OO, " x "
Chippewayan Chief.
SEE-WAS-KWAN, " x "
WAH-WAY-SEE-HOO-WE-YIN, " x "
Councillors to Wee-kas-koo-kee-pay-yin.
TIP-EE-SKOW-AH-CHAK, " x "
PAY-PAY-SEE-SEE-MOO, " x "
Councillors to Pee-yas-ee-wah-kah-
we-chah-koot.
OO-NOW-UK-EE-PAH-CHAS, " x "
MY-OO-WAY-SEES, " x "
Councillors to See-kahs-kootch.
OOS-PWAH-KHUN-IS, " x "
NEE-YE-PEE-TAY-AS-EE-KAY-SE,
Councillors to Tus-tusk-ee-skwais.
MAH-CHAH-MEE-NIS, " x "
ISAAC CARDINAL, " x "
Councillors to Pee-way-sis.
ANTOINE XAVIER, " x "
Councillor to Kin-oo-say-oo.
WILLIAM BULL, " x "
Councillor to James Seenum.
WAH-KEY-SEE-KOOT, " x "
Councillor to See-kahs-kootch.
CHARLES CARDINAL, " x "
PIERRE WAHBISKAW, " x "
Councillors to Kee-ye-win.
KI-YAS-EE-KUN, " x "
KAH-KEE-OO-PAH-TOW, " x "
Councillors to Wee-kas koo-kee-pay-yin.
CAKE-CAKE, " x "
Councillor to Oo-nah-lat-mee-nah-hoos.
KAM-OO-NIN, " x "
Councillor to James Seenum.
AH-SIS, " x "
Councillor to See-kahs-kootch.
Witnesses:
(Signed) A. G. JACKES, M.D.
JAMES McLEOD,
Com., N.-W.M.P.
JAMES WALKER,
Inspector, N.-W.M.P.
E. DALRYMPLE CLARKE,
Adjutant, N.-W.M.P.
VITAL J. BISH,
Of St. Albert, O.M.J.
CONSTANTINE SCOLLEN,
Priest, O.M.J.
JOHN McDOUGALL,
Methodist Missionary.
JOHN McKAY.
W. E. JONES.
PETER C. PAMBRUN.
A. K. KENNEDY.
PETER ERASMUS.
THOMAS McKAY.
JAMES SIMPSON.
ELIZA HARDISTY.
MARY McKAY.
ADHESIONS TO TREATY
NUMBER SIX
We, the undersigned
Chiefs and head men of the Cree and other bands of Indians having had
communication of the treaty--a copy of which is printed in the Report of
the Minister of the Interior, for the year ending 30th June, 1876,
concluded at Forts Carlton and Pitt between the Indians inhabiting the
country described in said treaty and Her Majesty the Queen of Great
Britain and Ireland, by the Commissioners the Honorable Alexander
Morris, Lieutenant-Governor of Manitoba and the North-West Territories,
the Honorable W. J. Christie, and the Honorable James McKay; but not
having been present when the negotiations were being conducted at the
above-mentioned places, do hereby, for ourselves and the bands which we
represent, agree to all the terms, conditions, covenants, and
engagements of whatever kind enumerated in the said treaty, and accept
the same as if we had been present, and had consented and agreed to the
same when the treaty was first signed and executed.
Witness our hands, at
Fort Pitt, this ninth day of August, in the year of Our Lord one
thousand eight hundred and seventy-seven.
(Signed) M. G.
DICKIESON,
Commissioner.
PAY-MO-TAY-AH-SOO His x mark.
KAH-SEE-MUT-A-POO " x "
NAH-PAY-SIS " x "
KE-HI-WINS,
Head man.
Signed by the Chiefs
and head men (having been first read and explained by Peter Erasmus) in
the presence of
Signed) PETER ERASMUS.
RODERICK CAMPBELL.
igned at Edmonton, this
21st day of August, in the year above-written, by the Chiefs and head
men hereto, the whole having been first read and explained by Peter
Erasmus, in the presence of the following witnesses.
(Signed) ALEXIS
KEES-KEE-CHEE-CHI, His x mark.
Chief.
OO-MUO-IN-AH-SOO-WAW-SIN-EE, " x "
Head man.
CATSCHIS-TAH-WAY-SKUM, " x "
Chief.
KOO-SAH-WAN-AS-KAY, " x "
Head man.
PAHS-PAHS-CHASE. " x "
TAH-KOOTCH. " x "
Witnesses:
(Signed) RIC HARDISTY.
H. LEDUC.
PETER ERASMUS.
W. D. JARVIS,
Inspector, N.-W.M.P.
We, members of the Cree
tribe of Indians, having had explained to us the terms of the treaty,
made and concluded near Carlton, on the 23rd day of August and on the
28th day of said month respectively, and near Fort Pitt on the 9th day
of September, 1876, between Her Majesty the Queen, by the Commissioners
duly appointed to negotiate the said treaty, and the Plain and Wood Cree
and other tribes of Indians inhabiting the country within the limits
defined in said treaty; but not having been present at the council at
which the articles of the said treaty were agreed upon, do now hereby,
for ourselves and the band which we represent, in consideration of the
provisions of the said treaty being extended to us and the band which we
represent, transfer, surrender, and relinquish to Her Majesty the Queen,
her heirs and successors, to and for the use of the Government of the
Dominion of Canada, all our right, title and interest whatsoever which
we and the said band which we represent have held or enjoyed of, in and
to the territory described and fully set out in the said treaty, also
all our right, title and interest whatsoever to all other lands wherever
situated, whether within the limits of any other treaty heretofore made,
or hereafter to be made with Indians, or elsewhere in Her Majesty's
territories, to have and to hold the same, unto and for the use of Her
Majesty the Queen, her heirs and successors forever;
And we hereby agree to
accept the several benefits, payments, and reserves promised to the
Indians under the Chiefs adhering to the said treaty at Fort Pitt, and
solemnly engage to abide by, carry out and fulfil, all the stipulations,
obligations and conditions therein contained, on the part of the 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 ourselves
and the band which we represent had been originally contracting parties
thereto, and been present at the councils held near Fort Pitt and had
there attached our signatures to the said treaty.
In witness whereof Her
Majesty's Lieutenant-Governor and Indian Superintendent for the
North-West Territories, and the Chiefs and Councillors of the band
hereby giving their adhesion to the said treaty, have hereunto
subscribed and set their hands at the Blackfoot Crossing of the Bow
River this twenty-fifth day of September, in the year of Our Lord one
thousand eight hundred and seventy-seven.
(Signed) DAVID LAIRD,
Lieut.-Governor and Indian
Superintendent, N.W.T.
KIS-KAY-IM His x mark.
(or, Bob Tail),
Chief.
MEM-IN-OROU-TAW " x "
(or, Sometimes Glad),
TCHO-WEK " x "
(or, Passing Sound),
Councillors.
Signed by the parties
hereto in the presence of the undersigned witnesses, the same having
been first explained to the Indians by Rev. J. MacDougall.
(Signed) JAMES F.
McLEOD,
Com., N.-W.M.P.
CONSTANTINE SCOLLEN.
A. S. IRVINE,
Assistant Commissioner.
J. McDOUGALL,
Missionary.
The undersigned Chiefs
and head men of the Cree Nation having had communication of the treaty
concluded between Her Majesty the Queen by her Commissioners and certain
Chiefs of the Cree Nation, at Fort Pitt on the 9th day of September
1876, agree to surrender our title to all our lands in the North-West
Territories and to abide by all the promises set forth in the said
treaty, on condition that all the payments, reserves of land, and
promises named therein are secured to us by Her Majesty.
And the undersigned
Superintendent of Indian Affairs for the North-West Territories on
behalf of Her Majesty agrees that all the payments, reserves and
promises named in the said treaty to be made to each Cree Chief and his
band shall be faithfully made and carried out to the Chiefs who have
subscribed to this memorandum and to their people.
In witness whereof the
undersigned Indian Superintendent, and the undersigned Chiefs and head
men have hereto set our hands this nineteenth day of August, one
thousand eight hundred and seventy-eight.
(Signed) DAVID LAIRD.
PUS-KEE-YAH-KAY-WE-YIN. His x mark.
MAH-KAYO. " x "
PAY-PAHM-US-KUM-ICK-NIUM. " x "
ISIDORE. " x "
Signed the day and year
above written after having been read and interpreted to the Chiefs and
head men by Peter Erasmus, in the presence of
(Signed) JOHN FRENCH,
Sub-Inspector, N.-W.M.P.
PETER ERASMUS.
We, the undersigned
Chiefs and head men of the Wood Cree tribe of Indians, having had
communication of the treaty made and concluded near Carlton, on the
twenty-third and twenty-eighth days of August respectively, and near
Fort Pitt on the ninth day of September, one thousand eight hundred and
seventy-six, between Her Majesty the Queen, by her Commissioners and the
Plain and Wood Cree and other tribes of Indians inhabitants of the
country named therein, hereby for ourselves and the bands which we
represent, in consideration of the provisions of the said treaty being
extended to our bands, cede, transfer, surrender and relinquish to Her
Majesty the Queen, her heirs and successors to and for the use of her
Government of the Dominion of Canada, all our right, title and
privileges whatsoever to all lands in the North-West Territories or
elsewhere in Her Majesty's Dominions, to have and to hold the same unto
and to the use of Her said Majesty the Queen, her heirs and successors
forever.
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 and carry
out all the stipulations and obligations therein contained, on the part
of 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 ourselves and our band had originally been contracting parties
thereto.
And Her Majesty the
Queen by her representative, the Honorable David Laird, Indian
Superintendent of the North-West Territories, agrees that all the
payments and provisions named in the said treaty to be made to each
Chief and his band shall be faithfully made and fulfilled to the
aforesaid Chiefs and their bands.
In witness whereof we,
the said Indian Superintendent of the North-West Territories, and the
said Chief and head men of the Stony tribe of Indians have hereto set
our hands, at Battleford, this twenty-ninth day of August, one thousand
eight hundred and seventy-eight.
(Signed) DAVID LAIRD,
Indian Superintendent.
SW-KE-MAW His x mark.
(or, Misketo).
ETA-WE-PE-TON " x "
(or, Uses both Arms).
NESS-AU-ASIS " x "
(or, Two Child).
KA-WA-SU-SKO-HO-PAT-ISK " x "
(or, Lightning).
Signed by the parties
hereto in the presence of the undersigned witnesses, the same having
been first explained to the Indians by Peter Ballendine.
(Signed) JAMES WALKER,
Inspector N.-W.M.P.
P. BALLENDINE.
HAYTER REED.
We the undersigned
Chief and head men of the Plain Stony tribe of Indians, having had
communication of the treaty made and concluded near Carlton on the
twenty-third and twenty-eighth days of August respectively, and near
Fort Pitt on the ninth of September, one thousand eight hundred and
seventy-six, between Her Majesty the Queen by her Commissioners, and the
Plain and Wood Crees and other tribes of Indians, inhabitants of the
country named therein, hereby for ourselves and the band which we
represent, in consideration of the provisions of the said treaty being
extended to our band, cede, transfer, surrender and relinquish to Her
Majesty the Queen, her heirs and successors, to and for the use of the
Government of the Dominion of Canada, all our right, title and
privileges whatsoever to all lands in the North-West Territories, or
elsewhere in Her Majesty's Dominions, to have and to hold the same unto
and to the use of Her said Majesty the Queen, her heirs and successors
forever.
And we hereby agree to
accept the several provisions, payments and reserves of the said treaty
as therein stated, and solemnly promise and agree to abide by and carry
out all the stipulations and obligations therein contained, on the part
of 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 ourselves and our band had originally been contracting parties
thereto.
And Her Majesty the
Queen by her Representative the Honorable David Laird, Indian
Superintendent of the North-West Territories, agrees that all the
payments and provisions named in the said treaty to be made to each
Chief and his band, shall be faithfully made and fulfilled to the
aforesaid Chiefs and their bands.
In witness whereof, we,
the said Indian Superintendent of the North-West Territories, and the
said Chiefs and head men of the Wood Cree tribe of Indians, have hereto
set our hands at Carlton this third day of September, one thousand eight
hundred and seventy-eight.
(Signed) DAVID LAIRD,
Indian Superintendent.
KO-PAT-A-WA-KE-NUM, His x mark.
Chief.
BANJIEL MARISTZE, " x "
JAMES (Chief's son), " x "
Councillors.
SA-SE-WA-HUM. " x "
KENE-MO-LAY. " x "
MAS-E-WAS-CHASE. " x "
Signed by the Chiefs
and Councillors within named in presence of the following witnesses, the
same having first been explained by Peter Ballendine:
(Signed) L. CLARKE.
A. E. FORGET.
P. BALLENDINE.
We, the undersigned
Indian Chief and head men, having had communication of the treaty made
and concluded at Forts Carlton and Pitt, in the summer of 1876, but not
having been present at the conferences at which said treaty was
negotiated, hereby agree to accept the terms and conditions of the said
treaty, and to abide thereby in the same manner as if we had been
present at the time the said treaty was first signed.
As witness our hands
this eighteenth day of September, one thousand eight hundred and
seventy-eight.
(Signed) MICHAEL
CALISTROIS. His x mark.
LOUIS PAY-FAHN-AH-WAYO. " x "
AC-OO-SEE. " x "
Signed by the Chief and
head men, after having been read and explained by Peter Erasmus.
FORT WALSH, CYPRESS
HILLS, 4th July, 1879.
Sir,--I have the honor
to enclose an agreement made with two Cree head men, who expressed to me
a desire to join the treaty made at Fort Carlton and Fort Pitt on the
9th September, 1876. Little Pine is a Cree Chief who has for some time
expressed his willingness to take the treaty. Lucky Man is a head man
lately made by the Indians who have been followers of Big Bear but who
have now left him.
Big Bear himself was
present when both Little Pine and Lucky Man signed, and, I think would
have taken the treaty himself, had he not felt ashamed at so many of his
lodges leaving him. He is now almost alone, only three or four followers
having remained with him. He states that he will take the treaty at
Sounding Lake at the time of the payments.
Both Little Pine and
Lucky Man have requested that they may be paid at Fort Walsh, as it is
impossible for them to reach the more northern agencies, and I have
agreed to it. It will therefore be necessary that enough money be
forwarded to pay these Indians here. Little Pine states he will have
thirty-four lodges, and Lucky Man twenty-five. Taking the average of a
lodge at eight, which I understand is a fair estimate, it will make four
hundred and seventy-two extra Indians to be paid.
I have, &c.,
(Signed) EDGAR DEWDNEY,
Indian Commissioner.
L. VANKOUGHNET, Esq.,
Deputy Supt. General of Indian Affairs, Ottawa.
Whereas Little Pine, or
Min-a-he-quo-sis, a Cree Chief on behalf of his band and certain other
Cree Indians comprising twenty lodges, inhabitants of the country
covered by the treaty commonly known as Treaty Number Six made between
Her Majesty the Queen by her Commissioners, the Honorable Alexander
Morris, the Honorable James McKay and the Honorable William Joseph
Christie, of the one part, and the Plain and Wood Cree tribes of Indians
of the other part, at Carlton on the twenty-third and twenty-eighth days
of August, and near Fort Pitt on the ninth day of September in the year
of our Lord one thousand eight hundred and seventy-six, who have not yet
given in their adhesion to the said treaty, have presented themselves to
Edgar Dewdney Esq., Indian Commissioner for the North-West Territories,
and expressed a desire to join in the said treaty. And whereas, the said
Commissioner has recognized the said Little Pine as the head man of his
band, and the said band of twenty lodges have selected and appointed
Pap-a-way the Lucky Man, one of their number, as the head man of their
band, and have presented him as such to the said Commissioner, who has
recognized and accepted him as such head man.
Now this instrument
witnesseth that the said Little Pine and Pap-a-way, or the Lucky Man,
for themselves and on behalf of the bands which they represent, do
transfer, surrender and relinquish to her Majesty the Queen, her heirs
and successors to and for the use of her Government of the Dominion of
Canada, all their right, title and interest whatsoever, which they have
held or enjoyed, of, in and to the territory described and fully set out
in the said treaty; also all their right, title and interest whatsoever
to all other lands wherever situated, whether within their limits of any
other treaty heretofore made or hereafter to be made with Indians or
elsewhere in Her Majesty's territories, to have and to hold the same
unto and for the use of Her Majesty the Queen, her heirs and successors
forever. And do hereby agree to accept the several benefits, payments
and reserves promised to the Indians adhering to the said treaty at
Carlton and Fort Pitt on the dates above mentioned; and further, do
solemnly engage to abide by, carry out and fulfil all the stipulations,
obligations and conditions contained on the part of the Indians therein
named, to be observed and performed, and in all things to conform to the
articles of the said treaty, as if the said Little Pine and Pap-a-way or
the Lucky Man and the bands whom they represent had been originally
contracting parties thereto, and had been present at the treaty at
Carlton and Fort Pitt, and had there attached their signatures to the
said treaty.
In witness whereof
Edgar Dewdney, Indian Commissioner for the North-West Territories, and
the said Little Pine and Pap-a-way or the Lucky Man, head men of the
said bands, hereby giving their adhesion to the said treaty, have
hereunto subscribed and set their hands at Fort Walsh, in the said
North-West Territories this second day of July in the year of our Lord
one thousand eight hundred and seventy-nine.
(Signed) EDGAR DEWDNEY,
Indian Commissioner.
LITTLE PINE. His x mark.
THE LUCKY MAN. " x "
Signed by the parties
hereto, in the presence of the undersigned witnesses, the same having
been explained to the Indians by the said Edgar Dewdney, Esq., Indian
Commissioner, through the interpreters Edward McKay and P. Leveiller.
(Signed) JAMES F.
McLEOD,
Com. N.-W.M.P.
A. G. IRVINE,
Assistant Com. N.-W.M.P.
FRANK NORMAN,
Staff Constable N.-W.M.P.
THE TREATY WITH THE
BLACKFEET, NUMBER SEVEN
Articles of a treaty
made and concluded this twenty-second day of September, in the year of
our Lord one thousand eight hundred and seventy-seven, between Her Most
Gracious Majesty the Queen of Great Britain and Ireland, by her
Commissioners, the Honorable David Laird, Lieutenant-Governor and Indian
Superintendent of the North-West Territories, and James Farquharson
McLeod, C.M.G., Commissioner of the North-West Mounted Police, of the
one part, and the Blackfeet, Blood, Piegan, Sarcee, Stony, and other
Indians, inhabitants of the territory north of the United States
boundary line, east of the central range of the Rocky Mountains, and
south and west of Treaties Numbers Six and Four, by their head Chiefs
and minor Chiefs or Councillors, chosen 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 the "Blackfoot
crossing" of the Bow River, 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 informed by Her Majesty's Commissioners that it is the
desire of Her Majesty to open up for settlement, 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 feel 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, and being requested by her
Majesty's Commissioners to present their head Chiefs and minor Chiefs,
or Councillors, who shall 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 Blackfeet, Blood, Piegan and Sarcee Indians have therefore
acknowledged for that purpose, the several head and minor Chiefs, and
the said Stony Indians, the Chiefs and Councillors who have subscribed
hereto, that thereupon in open council the said Commissioners received
and acknowledged the head and minor Chiefs and the Chiefs and
Councillors presented for the purpose aforesaid;
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 Blackfeet, Blood, Piegan, Sarcee, Stony and
other Indians inhabiting the district hereinafter more fully described
and defined, do hereby cede, release, surrender, and yield up to the
Government 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 international boundary due south of the western extremity of the
Cypress Hills; thence west along the said boundary to the central range
of the Rocky Mountains, or to the boundary of the Province of British
Columbia; thence north-westerly along the said boundary to a point due
west of the source of the main branch of the Red Deer River; thence
south-westerly and southerly following on the boundaries of the tracts
ceded by the Treaties Numbered Six and Four to the place of
commencement; and also all their rights, titles and privileges
whatsoever, to all other lands wherever situated in the North-West
Territories, or in any other portion of the Dominion of Canada:
To have and to hold the
same to Her Majesty the Queen and her successors forever:
And Her Majesty the
Queen hereby agrees with her said Indians, that they shall have right to
pursue their vocations of hunting throughout the tract surrendered as
heretofore described, subject to such regulations as may, from time to
time, be made by the Government of the country, acting under the
authority of Her Majesty; and saving and excepting such tracts as may be
required or taken up from time to time for settlement, mining, trading
or other purposes by her Government of Canada, or by any of her
Majesty's subjects duly authorized therefor by the said Government.
It is also agreed
between Her Majesty and her said Indians that reserves shall be assigned
them of sufficient area to allow one square mile for each family of five
persons, or in that proportion for larger and smaller families, and that
said reserves shall be located as follows, that is to say:
First--The reserves of
the Blackfeet, Blood and Sarcee bands of Indians, shall consist of a
belt of land on the north side of the Bow and South Saskatchewan Rivers,
of an average width of four miles along said rivers, down stream,
commencing at a point on the Bow River twenty miles north-westerly of
the "Blackfoot crossing" thereof, and extending to the Red Deer River at
its junction with the South Saskatchewan, also for the term of ten
years, and no longer, from the date of the concluding of this treaty,
when it shall cease to be a portion of said Indian reserves, as fully to
all intents and purposes as if it had not at any time been included
therein, and without any compensation to individual Indians for
improvements, of a similar belt of land on the south side of the Bow and
Saskatchewan Rivers of an average width of one mile along said rivers,
down stream; commencing at the aforesaid point on the Bow River, and
extending to a point one mile west of the coal seam on said river, about
five miles below the said "Blackfoot crossing;" beginning again one mile
east of the said coal seam and extending to the mouth of Maple Creek at
its junction with the South Saskatchewan; and beginning again at the
junction of the Bow River with the latter river, and extending on both
sides of the South Saskatchewan in an average width on each side thereof
of one mile, along said river against the stream, to the junction of the
Little Bow River with the latter river, reserving to Her Majesty, as may
now or hereafter be required by her for the use of her Indian and other
subjects, from all the reserves hereinbefore described, the right to
navigate the above mentioned rivers, to land and receive fuel and
cargoes on the shores and banks thereof, to build bridges and establish
ferries thereon, to use the fords thereof and all the trails leading
thereto, and to open such other roads through the said reserves as may
appear to Her Majesty's Government of Canada, necessary for the ordinary
travel of her Indian and other subjects, due compensation being paid to
individual Indians for improvements, when the same may be in any manner
encroached upon by such roads.
Secondly--That the
reserve of the Piegan band of Indians shall be on the Old Man's River,
near the foot of the Porcupine Hills, at a place called "Crow's Creek."
And thirdly--The
reserve of the Stony band of Indians shall be in the vicinity of
Morleyville.
In view of the
satisfaction of Her Majesty with the recent general good conduct of her
said Indians, and in extinguishment of all their past claims, she
hereby, through her Commissioners, agrees to make them a present payment
of twelve dollars each in cash to each man, woman, and child of the
families here represented.
Her Majesty also agrees
that next year, and annually afterwards forever, she will cause to be
paid to the said Indians, in cash, at suitable places and dates, of
which the said Indians shall be duly notified, to each Chief,
twenty-five dollars, each minor Chief or Councillor (not exceeding
fifteen minor Chiefs to the Blackfeet and Blood Indians, and four to the
Piegan and Sarcee bands, and five Councillors to the Stony Indian Bands)
fifteen dollars, and to every other Indian of whatever age, five
dollars; the same, unless there be some exceptional reason, to be paid
to the heads of families for those belonging thereto.
Further, Her Majesty
agrees that the sum of two thousand dollars shall hereafter every year
be expended in the purchase of ammunition for distribution among the
said Indians; provided that if at any future time ammunition became
comparatively unnecessary for said Indians, her Government, with the
consent of said Indians, or any of the bands thereof, may expend the
proportion due to such band otherwise for their benefit.
Further, Her Majesty
agrees that each head Chief and minor Chief, and each Chief and
Councillor duly recognized as such, shall, once in every three years,
during the term of their office, receive a suitable suit of clothing,
and each head Chief and Stony Chief, in recognition of the closing of
the treaty, a suitable medal and flag, and next year, or as soon as
convenient, each head Chief, and minor Chief, and Stony Chief shall
receive a Winchester rifle.
Further, Her Majesty
agrees to pay the salary of such teachers to instruct the children of
said Indians as to her Government of Canada may seem advisable, when
said Indians are settled on their reserves and shall desire teachers.
Further, Her Majesty
agrees to supply each head and minor Chief, and each Stony Chief, for
the use of their bands, ten axes, five handsaws, five augers, one
grindstone, and the necessary files and whetstones.
And further, Her
Majesty agrees that the said Indians shall be supplied as soon as
convenient, after any band shall make due application therefor, with the
following cattle for raising stock, that is to say: for every family of
five persons, and under, two cows; for every family of more than five
persons, and less than ten persons, three cows; for every family of over
ten persons, four cows; and every head and minor Chief, and every Stony
Chief, for the use of their bands, one bull; but if any band desire to
cultivate the soil as well as raise stock, each family of such band
shall receive one cow less than the above mentioned number, and in lieu
thereof, when settled on their reserves and prepared to break up the
soil, two hoes, one spade, one scythe, and two hay forks, and for every
three families, one plough and one harrow, and for each band, enough
potatoes, barley, oats, and wheat (if such seeds be suited for the
locality of their reserves) to plant the land actually broken up. All
the aforesaid articles to be given, once for all, for the encouragement
of the practice of agriculture among the Indians.
And the undersigned
Blackfeet, Blood, Piegan and Sarcee head Chiefs and minor Chiefs, and
Stony Chiefs and Councillors, 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 between themselves and other tribes of Indians, and
between themselves and others of Her Majesty's subjects, whether
Indians, Half-breeds 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 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 head and minor Chiefs,
and Stony Chiefs and Councillors, have hereunto subscribed and set their
hands, at the "Blackfoot crossing" of the Bow River, the day and year
herein first above written.
(Signed) DAVID LAIRD,
Gov. of N.-W.T., and Special Indian Commissioner.
JAMES F. McLEOD,
Lieut.-Colonel, Com. N.-W.M.P., and
Special Indian Commissioner.
CHAPO-MEXICO (or Crowfoot), His x mark.
Head Chief of the South Blackfeet.
MATOSE-APIW (or Old Sun), " x "
Head Chief of the North Blackfeet.
STAMISCOTOCAR (or Bull Head), " x "
Head Chief of the Sarcees.
MEKASTO (or Red Crow), " x "
Head Chief of the South Bloods.
NATOSE-ONISTORS (or Medicine Calf). " x "
POKAPIW-OTOIAN (or Bad Head). " x "
SOTENAH (or Rainy Chief), " x "
Head Chief of the North Bloods.
TAKOYE-STAMIX (or Fiend Bull). " x "
AKKA-KITCIPIMIW-OTAS (or Many " x "
Spotted Horses).
ATTTISTAH-MACAN (or Running Rabit). " x "
PITAH-PEKIS (or Eagle Rib). " x "
SAKOYE-AOTAN (or Heavy Shield), " x "
Head Chief of the Middle Blackfeet.
ZOATZE-TAPITAPIW (or Setting on an " x "
Eagle Tail).
Head Chief of the North Piegans.
AKKA-MAKKOYE (or Many Swans). " x "
APENAKO-SAPOP, (or Morning Flume). " x "
*MAS-GWA-AH-SID (or Bear's Paw). " x "
*CHE-NE-KA (or John). " x "
*KI-CHI-PWOT (or Jacob). " x "
STAMIX-OSOK (or Bull Bacfat). " x "
EMITAH-APIAKINNE (or White Striped Dog). " x "
MATAPI-KOMOTZIW (or the Captive or " x "
Stolen Person).
APAWAWAKOSOW (or White Antelope). " x "
MAKOYE-KIN (or Wolf Collar). " x "
AYE-STIPIS-SIMAT (or Heavily Whipped). " x "
KISSOUM (or Day Light). " x "
PITAH-OTOCAN (or Eagle Head). " x "
APAW-STAMIX (or Weasel Bull). " x "
ONISTAH-POKAH (or White Calf). " x "
NETAH-KITEI-PI-MEW (or Only Spot). " x "
AKAK-OTOS (or Many Horses). " x "
STOKIMATIS (or The Drum). " x "
PITAH-ANNES (or Eagle Robe). " x "
PITAH-OTSIKIN (or Eagle Shoe). " x "
STAMIX-OTA-KA-PIW (or Bull Turn Round). " x "
MASTE-PITAH (or Crow Eagle). " x "
#JAMES DIXON. " x "
#ABRAHAM KECHEPWOT. " x "
#PATRICK KECHEPWOT. " x "
#GEORGE MOY-ANY-MEN. " x "
#GEORGE CRAWLOR. " x "
EKAS-KINE (or Low Horn). " x "
KATO-OKOSIS (or Bear Shield). " x "
PONOKAH-STAMIX (or Bull Elk). " x "
OMAKSI SAPOP (or Big Plume). " x "
ONISTAH (or Calf Robe). " x "
PITAH-SIKSINUM (or White Eagle). " x "
APAW-ONISTAW (or Weasel Calf). " x "
ATTISTA-HAES (or Rabbit Carrier). " x "
PITAH (or Eagle). " x "
PITAH-ONISTAH (or Eagle White Calf). " x "
KAYE-TAPO (or Going to Bear). " x "
[* Stony Chiefs.
# Stony Councillors.]
Signed by the Chiefs and Councillors within named in presence of the
following witnesses, the same having been first explained by James Bird,
Interpreter.
(Signed) A. G. IRVINE,
Ass't Com., N.-W.M.P.
J. McDougall, Missionary.
JEAN L'HEUREUX,
W. WINDER,
T. N. F. CROZIER, Inspectors.
E. DALRYMPLE CLARK, Lieut. and Adjutant. N.-W.M.P.
A. SHURTLIFF,
C. E. DENING,
W. D. ANTROBUS, Sub-Inspectors.
FRANK NORMAN, Staff Constable.
MARY J. MACLEOD.
JULIA WINDER.
JULIA SHURTLIFF.
E. HARDISTY.
A. McDOUGALL.
E. A. BARRETT.
CONSTANTINE SCOLLEN, Priest, Witness
to signatures of Stonixosak
and those following.
CHARLES E. CONRAD.
THOS. J. BOGG.
ADHESION TO TREATY
NUMBER SEVEN
We, the members of the
Blackfoot tribe of Indians, having had explained to us the terms of the
treaty made and concluded at the Blackfoot crossing of the Bow River, on
the twenty-second day of September, in the year of our Lord one thousand
eight hundred and seventy-seven;
Between Her Majesty the
Queen, by her Commissioners duly appointed to negotiate the said treaty
and the Blackfeet, Blood, Piegan, Sarcee, Stony and other Indian
inhabitants of the country within the limits defined in the said treaty,
but not having been present at the Councils at which the articles of the
said treaty were agreed upon, do now hereby, for ourselves and the bands
which we represent, in consideration of the provisions of the said
treaty being extended to us and the bands which we represent, transfer,
surrender and relinquish to Her Majesty the Queen, her heirs and
successors, to and for the use of her Government of the Dominion of
Canada, all our right, title, and interest whatsoever, which we and the
said bands which we represent have held or enjoyed, of in and to the
territory described and fully set out in the said treaty; also, all our
right, title, and interest whatsoever to all other lands wherever
situated, whether within the limits of any other treaty heretofore made
or hereafter to be made with Indians, or elsewhere in Her Majesty's
territories, to have and to hold the same unto and for the use of Her
Majesty the Queen, her heirs and successors forever;
And we hereby agree to
accept the several benefits, payments, and reserves promised to the
Indians under the Chiefs adhering to the said treaty at the Blackfoot
crossing of the Bow River, and we solemnly engage to abide by, carry out
and fulfil all the stipulations, obligations and conditions therein
contained on the part of the 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 ourselves and the bands which we represent had
been originally contracting parties thereto and had been present at the
Councils held at the Blackfoot crossing of the Bow River, and had there
attached our signatures to the said treaty.
In witness whereof
James Farquharson McLeod, C.M.G., one of Her Majesty's Commissioners
appointed to negotiate the said treaty, and the Chief of the band,
hereby giving their adhesion to the said treaty, have hereunto
subscribed and set their hands at Fort McLeod, this fourth day of
December, in the year of our Lord one thousand eight hundred and
seventy-seven.
(Signed) JAMES F.
McLEOD,
Lieut.-Col., Special Indian Commissioner.
MEANXKISTOMACH His x mark.
(or Three Bulls).
Signed by the parties
hereto in the presence of the undersigned witnesses, the same having
been explained to the Indians by the said James Farquharson McLeod, one
of the Commissioners appointed to negotiate the said treaty, through the
interpreter, Jerry Potts, in the presence of
(Signed) A. G. IRVINE,
Assistant Commissioner.
E. DALRMYMLE CLARK,
Lieutenant and Adjutant N.-W.M.P.
CHARLES E. CONRAD,
W. WINDER,
Inspector. |