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 Rivière 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 ofTHOMAS THOMAS.JAMES BIRD.F. MATTHEY,Captain.P. D. ORSONNENS,Captain.MILES MACDONELL.J. BTE. CHARLES DE LORIMIER.LOUIS NOLIN,Interpreter.
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, hisheirs 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 écrite 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 notariée, 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.
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'sBay 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 toclaim 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.
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 sevenmiles, 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 Maskinongé 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 landon 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.
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 aspossible. 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 descendantsper 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 tothe 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).
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 assuredof 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 ofwhich 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.