The Committee have had under consideration the memorandum dated
19th April, 1871, from the Hon. the Secretary of State for the
provinces submitting with reference to his report of the 17th of
the same month that the Indians mentioned in the last paragraph of
that report and with whom it will be necessary first to deal occupy
the country from the water shed of Lake Superior to the north west
angle of the Lake of the Woods and from the American border to the
height of land from which the streams flow towards Hudson's
Bay.
That they are composed of Saulteaux and Lac Seul Indians of the
Ojibbeway Nation, and number about twenty-five hundred men, women
and children, and, retaining what they desire in reserves at
certain localities where they fish for sturgeon, would, it is
thought be willing to surrender for a certain annual payment their
lands to the Crown. That the American Indians to the south of them
surrendered their lands to the Government of the United States for
an annual payment which has been stated to him (but not on
authority) to amount to ten dollars per head for each man, woman
and child of which six dollars is paid in goods and four in money.
That to treat with these Indians with advantage he recommends that
Mr. Simon J. Dawson of the Department of Public Works and Mr.
Robert Pither of the Hudson's Bay Company's service be associated
with Mr. Wemyss M. Simpson-and further that the presents which were
promised the Indians last year and a similar quantity for the
present year should be collected at Fort Francis not later than the
middle of June also that four additional suits of Chiefs' clothes
and flags should be added to those now in store at Fort Francis-and
further that a small house and store for provisions should be
constructed at Rainy River at the site and of the dimensions which
Mr. Simpson may deem best-that the assistance of the Department of
Public Works will be necessary should his report be adopted in
carrying into effect the recommendations therein made as to
provisions, clothes and construction of buildings.
He likewise submits that it will be necessary that the sum of
Six Thousand dollars in silver should be at Fort Francis subject to
the Order of the above named Commissioners on the fifteenth day of
June next-And further recommends that in the instructions to be
given to them they should be directed to make the best arrangements
in their power but authorized if need be to give as much as twelve
dollars a family for each family not exceeding five-with such small
Sum in addition where the family exceeds five as the Commissioners
may find necessary-Such Subsidy to be made partly in goods and
provisions and partly in money or wholly in goods and provisions
should the Commissioners so decide for the surrender of the lands
described in the earlier part of this report.
The Committee concur in the foregoing recommendations and submit
the same for Your Excellency's approval.
TREATY No. 3
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 Honourable Alexander
Morris, Lieutenant-Governor of the Province of Manitoba and the
North-west Territories; Joseph Alfred Norbert Provencher and Simon
James Dawson, of the one part, and the Saulteaux Tribe of the
Ojibway 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
purpose 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 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 their 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:-
- KEK-TA-PAY-PI-NAIS (Rainy River.)
- KITCHI-GAY-KAKE (Rainy River.)
- NOTE-NA-QUA-HUNG (North-West Angle.)
- NAWE-DO-PE-NESS (Rainy River.)
- POW-WA-SANG (North-West Angle.)
- CANDA-COM-IGO-WE-NINIE (North-West Angle.)
- PAPA-SKO-GIN (Rainy River.)
- MAY-NO-WAH-TAW-WAYS-KIONG (North-West Angle.)
- KITCHI-NE-KA-LE-HAN (Rainy River.)
- SAH-KATCH-EWAY (Lake Seul.)
- MUPA-DAY-WAH-SIN (Kettle Falls.)
- ME-PIE-SIES (Rainy Lake, Fort Frances.)
- OOS-CON-NA-GEITH (Rainy Lake.)
- WAH-SHIS-KOUCE (Eagle Lake. )
- KAH-KEE-Y-ASH (Flower Lake.)
- GO-BAY (Rainy Lake.)
- KA-MO-TI-ASH (White Fish Lake.)
- NEE-SHO-TAL (Rainy River.)
- KEE-JE-GO-KAY (Rainy River.)
- SHA-SHA-GANCE (Shoal Lake.)
- SHAH-WIN-NA-BI-NAIS (Shoal Lake. )
- AY-ASH-A-WATH (Buffalo Point.)
- PAY-AH-BEE-WASH (White Fish Bay.)
- KAH-TAY-TAY-PA-E-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
Headmen 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 Headmen 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 Saulteaux Tribe of the Ojibbeway Indians and all other the
Indians inhabiting the district hereinafter described and defined,
do hereby cede, release, surrender and yield up to the Government
of the Dominion of Canada for Her Majesty the Queen and Her
successors forever, all their rights, titles and privileges
whatsoever, to the lands included within the following limits, that
is to say:-
Commencing at a point on the Pigeon River route where the
international boundary line between the Territories of Great
Britain and the United States intersects the height of land
separating the waters running to Lake Superior from those flowing
to Lake Winnipeg; thence northerly, westerly and easterly along the
height of land aforesaid, following its sinuosities, whatever their
course may be, to the point at which the said height of land meets
the summit of the watershed 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 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 reserves, whether for farming or other purposes,
shall in no wise exceed in all one square mile for each family of
five, or in that proportion for larger or smaller families; and
such selections 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 reserve, 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
behaviour 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 Her
Government of the Dominion of Canada, no intoxicating liquor shall
be allowed to be introduced or sold, and all laws now in force or
hereafter to be enacted to preserve Her Indian subjects inhabiting
the reserves or living elsewhere within Her North-west Territories,
from the evil influences of the use of intoxicating liquors, shall
be strictly enforced.
Her Majesty further agrees with Her said Indians that they, the
said Indians, shall have right to pursue their avocations of
hunting and fishing throughout the tract surrendered as
hereinbefore described, subject to such regulations as may from
time to time be made by Her Government of Her Dominion of Canada,
and saving and excepting such tracts as may, from time to time, be
required or taken up for settlement, mining, lumbering or other
purposes by Her said Government of the Dominion of Canada, or by
any of the subjects thereof duly authorized therefor by the said
Government.
It is further agreed between Her Majesty and Her said Indians
that such sections of the reserves above indicated as may at any
time be required for Public Works or buildings of what nature
soever may be appropriated for that purpose by Her Majesty's
Government of the Dominion of Canada, due compensation being made
for the value of any improvements thereon.
And further, that Her Majesty's Commissioners shall, as soon as
possible after the execution of this treaty, cause to be taken an
accurate census of all the Indians inhabiting the tract above
described, distributing them in families, and shall in every year
ensuing the date hereof, at some period in each year to be duly
notified to the Indians, and at a place or places to be appointed
for that purpose within the territory ceded, pay to each Indian
person the sum of five dollars per head yearly.
It is further agreed between Her Majesty and the said Indians
that the sum of fifteen hundred dollars per annum shall be yearly
and every year expended by Her Majesty in the purchase of
ammunition and twine for nets for the use of the said Indians.
It is further agreed between Her Majesty and the said Indians
that the following articles shall be supplied to any band of the
said Indians who are now actually cultivating the soil or who shall
hereafter commence to cultivate the land, that is to say: two hoes
for every family actually cultivating, also one spade per family as
aforesaid, one plough for every ten families as aforesaid, five
harrows for every twenty families as aforesaid, one scythe for
every family as aforesaid, and also one axe and one cross-cut saw,
one hand-saw, one pit-saw, the necessary files, one grind-stone,
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
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 Commissioners and the
said Indian Chiefs have hereunto subscribed and set their hands at
the North-West Angle of the Lake of the Woods this day and year
herein first above named.
Signed by the Chiefs within named, in presence of
the following witnesses, the same having been first read and
explained by the
Honorable James McKay:
JAMES McKAY,
MOLYNEUX St. JOHN,
ROBERT PITHER,
CHRISTINE V. K. MORRIS,
CHARLES NOLIN,
A. McDONALD, Capt.,
Comg. Escort to Lieut. Governor.
JAS. F. GRAHAM,
JOSEPH NOLIN,
A. McLEOD,
GEORGE McPHERSON, Sr.,
SEDLEY BLANCHARD,
W. FRED. BUCHANAN,
FRANK G. BECHER,
ALFRED CODD, M.D.,
G. S. CORBAULT,
PIERRE LEVIELLER,
NICHOLAS CHATELAINE.
We, having had communication of the treaty, a certified copy
whereof is hereto annexed, but not having been present 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
Government 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, hold 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 and to the
use of Her said Majesty the Queen, Her heirs and successors
forever.
And we hereby agree to accept the several provisions, payments
and reserves of the said treaty, as therein stated, and solemnly
promise and engage to abide by, carry out and fulfil all the
stipulations, obligations and conditions therein contained, on the
part of the said Chiefs and Indians therein named, to be observed
and performed; and in all things to conform to the articles of the
said treaty as if we ourselves and the 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.
Signed by
S. J. Dawson, Esquire, 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:
THOS. A. P. TOWERS,
JOHN AITKEN,
A. J. McDONALD.
UNZZAKI.
JAS. LOGANOSH,
his x mark
PINLLSISE.
ADHESION BY HALFBREEDS OF RAINY RIVER AND LAKE (A.)
This Memorandum of Agreement made and entered into this twelfth
day of September one thousand eight hundred and seventy-five,
between Nicholas Chatelaine, Indian interpreter at Fort Francis and
the Rainy River and acting herein solely in the latter capacity for
and as representing the said Half-breeds, on the one part, and John
Stoughton Dennis, Surveyor General of Dominion Lands, as
representing Her Majesty the Queen through the Government of the
Dominion, of the other part, Witnesseth as follows:-
Whereas the Half-breeds above described, by virtue of their
Indian blood, claim a certain interest or title in the lands or
territories in the vicinity of Rainy Lake and the Rainy River, for
the commutation or surrender of which claims they ask compensation
from the Government.
And whereas, having fully and deliberately discussed and
considered the matter, the said Half-breeds have elected to join in
the treaty made between the Indians and Her Majesty, at the
North-West Angle of the Lake of the Woods, on the third day of
October, 1873, and have expressed a desire thereto, and to become
subject to the terms and conditions thereof in all respects saving
as hereinafter set forth.
It is now hereby agreed upon by and between the said parties
hereto (this agreement, however, to be subject in all respects to
approval and confirmation by the Government, without which the same
shall be considered as void and of no effect), as follows, that is
to say: The Half-breeds, through Nicholas Chatelaine, their Chief
above named, as representing them herein, agree as follows, that is
to say:-
That they hereby fully and voluntarily surrender to Her Majesty
the Queen to be held by Her Majesty and Her successors for ever,
any and all claim, right, title or interest which they, by virtue
of their Indian blood, have or possess in the lands or territories
above described, and solemnly promise to observe all the terms and
conditions of the said treaty (a copy whereof, duly certified by
the Honourable the Secretary of State of the Dominion has been this
day placed in the hands of the said Nicholas Chatelaine).
In consideration of which Her Majesty agrees as follows, that is
to say:-
That the said Half-breeds, keeping and observing on their part the
terms and conditions of the said treaty shall receive compensation
in the way of reserves of land, payments, annuities and presents,
in manner similar to that set forth in the several respects for the
Indians in the said treaty; it being understood, however, that any
sum expended annually by Her Majesty in the purchase of ammunition
and twine for nets for the use of the said Half-breeds shall not be
taken out of the fifteen hundred dollars set apart by the treaty
for the purchase annually of those articles for the Indians, but
shall be in addition thereto, and shall be a pro rata amount in the
proportion of the number of Half-breeds parties hereto to the
number of Indians embraced in the treaty; and it being further
understood that the said Half-breeds shall be entitled to all the
benefits of the said treaty as from the date thereof, as regards
payments and annuities, in the same manner as if they had been
present and had become parties to the same at the time of the
making thereof.
And whereas the said Half-breeds desire the land set forth as
tracts marked (A) and (B) on the rough diagram attached hereto, and
marked with the initials of the parties aforementioned to this
agreement, as their reserves (in all eighteen square miles), to
which they would be entitled under the provisions of the treaty,
the same is hereby agreed to on the part of the Government.
Should this agreement be approved by the Government, the
reserves as above to be surveyed in due course.
This individual participated in:
