Treaty Texts - Treaties No. 1 and No. 2
Treaties 1 and 2 Between Her Majesty The Queen and the Chippewa
and Cree Indians of Manitoba and Country Adjacent with
Adhesions
Treaty No. 1
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 a meeting 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 Headmen 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-nanaw, or Centre of Bird's Tail, Ke-we-tayash, or Flying
round, Wa-ko-wush, 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 Headman 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 Headmen 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 successors forever 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 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 in 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
eastwardly 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-nanaw, 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 their 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 colours), 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 Lower Fort Garry, this day and year
herein first above named.
Signed, sealed and
delivered in the
presence of, the same having been
first read and explained:
ADAMS G. ARCHIBALD,
Lieut.-Gov. of Man. and
N.W. Territories.
JAMES McKAY, P.L.C.
A. G. IRVINE, Major
ABRAHAM COWLEY,
DONALD GUNN, M.L.C.
THOMAS HOWARD, P.S.
HENRY COCHRANE,
JAMES McARRISTER,
HUGH McARRISTER,
E. ALICE ARCHIBALD,
HENRI BOUTHILLIER.
Memorandum of things outside of the Treaty which were
promised at the Treaty at the Lower Fort, signed the third day of
August, A.D. 1871.
- For each Chief who signed the treaty, a dress distinguishing
him as Chief.
- For braves and for councillors of each Chief a dress; it being
supposed that the braves and councillors will be two for each
Chief.
- For each Chief, except Yellow Quill, a buggy.
- For the braves and councillors of each Chief, except Yellow Quill, a buggy.
- In lieu of a yoke of oxen for each reserve, a bull for each,
and a cow for each Chief;
a boar for each reserve and a sow for each Chief, and a male and
female of each kind of animal raised by farmers, these when the
Indians are prepared to receive them.
- A plough and a harrow for each settler cultivating the
ground.
- These animals and their issue to be Government property, but to
be allowed for the use of the Indians, under the superintendence
and control of the Indian Commissioner.
- The buggies to be the property of the Indians to whom they are
given.
- The above contains an inventory of the terms concluded with the
Indians.
COPY of a Report of a Committee of the
Honourable 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 Honourable 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 Nos. 1
and 2, 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 No. 1 be
considered as part of that Treaty and of Treaty No. 2, 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 Nos. 1 and 2, that, while the
Government cannot admit their claim to any thing 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 Nos.
1 and 2, 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 Nos. 1 and 2, from $3 to $5 per annum,
and make payment over and above such sum of $5, of $20 each and
every year to each Chief, and a suit of clothing every three years
to each Chief and each Headman, allowing two Headmen 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:
W. A. HIMSWORTH,
Clerk Privy Council.
Certified,
W. A. HIMSWORTH,
Clerk Privy Council.
We, the undersigned Chiefs and Headmen of Indian bands,
representing bands of Indians who were parties to the Treaties Nos.
1 and 2, mentioned in the report of the 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.
In the presence of the following:
Representing East-Manitoba or Elm
Point:
Councillors.
Representing Fairford Prairie:
Representing Fairford Prairie:
Formerly Crane River and now Ebb and
Flow Lake:
PENAISE,
chief, his x mark
(son of deceased Broken Finger.)
Representing Water Hen Band:
Représentants de la rivière de la
Tortue et de la rivière de la Vallée ainsi que de Riding
Mountain:
Representing the St. Peter's
Band:
No. 124
We, the undersigned Chiefs and Headmen of Indian bands
representing bands of Indians who were parties to the Treaties Nos.
1 and 2, 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.
124
We the undersigned Chiefs and Headmen of Indian bands
representing bands of Indians who were parties to the Treaties Nos.
1 and 2 mentioned in the report of a Committee of the Queen's Privy
Council of Canada, as printed on the other side of this sheet,
having had communication thereof and full understanding of 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.
Signed on the reserve at
Rosseau River, 8th day
of September, 1875.
Treaty No. 2
ARTICLES OF 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 Headmen 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
Headmen, 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 Headmen for the purposes 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
adjacent 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 Beren's 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 thence
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 south-westwardly course to the
north-western 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, northwest 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 forever; 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
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 Sou-sonce 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 lands 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 band
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 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.
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
their 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 colours), 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 herein first
above named.
Signed by the Chiefs within
named, in presence of the following
witnesses, the same having been
first read and explained:
ADAMS G. ARCHIBALD,
Lieut. Gov. of Manitoba and
the N.-W. Territories,
JAMES McKAY, P.L.C.,
MOLYNEUX St. JOHN,
E. A. ARCHIBALD,
LILY ARCHIBALD,
HENRI BOUTHILLIER,
PAUL DE LARONDE,
DONALD McDONALD,
ELIZA McDONALD,
ALEXANDER MUIR, Sr.
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