(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.
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 theone 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, François, 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, surrenderand 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 François, 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 muchland 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 "FRANÇOIS. " 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.
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 Indiansinhabiting 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 innowise 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 ineach 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-westangle 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 toLieutenant-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.
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.
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.
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 cultivatingas 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 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 and head men, have hereunto subscribed and set their hands at Qu'Appelle, this day and year herein first-above written.