Treaty Texts - Treaty No. 5
Treaty 5 between Her Majesty the Queen and the Saulteaux and
Swampy Cree Tribes of Indians at Beren's River and Norway House
with Adhesions
TREATY No. 5
ARTICLES OF A TREATY made and concluded at Beren's River the
20th day of September, and at Norway House the 24th day of
September, in the year of Our Lord one thousand eight hundred and
seventy-five, between "Her Most Gracious Majesty the Queen" of
Great Britain and Ireland, by Her Commissioners the Honourable
Alexander Morris, Lieutenant-Governor of the Province of Manitoba
and the North-west Territories, and the Honourable James McKay, of
the one part, and the Saulteaux and Swampy Cree tribes of Indians,
inhabitants of the country within the limits hereinafter defined
and described, by their Chiefs, chosen and named as hereinafter
mentioned, of the other part.
WHEREAS, the Indians inhabiting the said country have, pursuant
to an appointment made by the said Commissioners, been convened at
meetings at Beren's River and Norway House to deliberate upon
certain matters of interest to Her Most Gracious Majesty, of the
one part, and the said Indians of the other.
AND WHEREAS the said Indians have been notified and informed by
Her Majesty's said Commissioners that it is the desire of Her
Majesty to open up for settlement, immigration and such other
purposes as to Her Majesty may seem meet, a tract of country
bounded and described as hereinafter mentioned, and to obtain the
consent thereto of Her Indian subjects inhabiting the said tract,
and to make a treaty and arrange with them, so that there may be
peace and good will between them and Her Majesty, and that they may
know and be assured of what allowance they are to count upon and
receive from Her Majesty's bounty and benevolence.
AND WHEREAS the Indians of 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 the faithful performance by their respective bands of
such obligations as shall be assumed by them the said Indians, have
thereupon named the following persons for that purpose, that is to
say:
For the Indians within the Beren's River region and their
several bands: Nah-wee-kee-sick-quah-yash, Chief;
Kah-nah-wah-kee-wee-nin and Nah-kee-quan-nay-yash, Councillors, and
Pee-wah-roo-wee-nin, of Poplar River; Councillors for the Indians
within the Norway House region and their several bands: David
Rundle, Chief, James Cochrane, Harry Constatag and Charles
Pisequinip, Councillors; and Ta-pas-ta-num, or Donald William
Sinclair Ross, Chief, James Garrioch and Proud McKay,
Councillors.
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 purposes aforesaid, of the respective Bands of Indians
inhabiting the said district hereinafter described.
AND WHEREAS the said Commissioners have proceeded to negotiate a
treaty with the said Indians, and the same has been finally agreed
upon and concluded as follows, that is to say:
The Saulteaux and Swampy Cree Tribes of Indians and all other
the Indians inhabiting the district hereinafter described and
defined, do hereby cede, release, surrender and yield up to the
Government of the Dominion of Canada, for Her Majesty the Queen and
Her successors for ever, all their rights, titles and privileges
whatsoever to the lands included within the following limits, that
is to say:
Commencing at the north corner or junction of Treaties Nos. 1
and 3; then easterly along the boundary of Treaty No. 3 to the
"Height of Land," at the northeast corner of the said treaty
limits, a point dividing the waters of the Albany and Winnipeg
Rivers; thence due north along the said "Height of Land " to a
point intersected by the 53° of north latitude; and thence
north-westerly to "Favourable Lake"; thence following the east
shore of said lake to its northern limit; thence north-westerly to
the north end of Lake Winnipegoosis; then westerly to the "Height
of Land" called "Robinson's Portage"; thence north-westerly to the
east end of "Cross Lake"; thence north-westerly crossing "Foxes
Lake"; thence north-westerly to the north end of "Split Lake";
thence south-westerly to "Pipestone Lake," on "Burntwood River ";
thence south-westerly to the western point of "John Scott's Lake";
thence south-westerly to the north shore of "Beaver Lake"; thence
south-westerly to the west end of "Cumberland Lake"; thence due
south to the "Saskatchewan River"; thence due south to the
north-west corner of the northern limits of Treaty No. 4, including
all territory within the said limits, and all islands on all lakes
within the said limits, as above described; and it being also
understood that in all cases where lakes form the treaty limits,
ten miles from the shore of the lake should be included in the
treaty.
And also all their rights, titles and privileges whatsoever to
all other lands wherever situated in the North-west Territories or
in any other Province or portion of Her Majesty's dominions
situated and being within the Dominion of Canada;
The tract comprised within the lines above described, embracing
an area of one hundred thousand square miles, be the same more or
less;
To have and to hold the same to Her Majesty the Queen, and Her
successors forever;
And Her Majesty the Queen hereby agrees and undertakes to lay
aside reserves for farming lands, due respect being had to lands at
present cultivated by the said Indians, and other reserves for the
benefit of the said Indians, to be administered and dealt with for
them by Her Majesty's Government of the Dominion of Canada,
provided all such reserves shall not exceed in all one hundred and
sixty acres for each family of five, or in that proportion for
larger or smaller families-in manner following, that is to say: For
the Band of "Saulteaux, in the Beren's River" region, now settled
or who may within two years settle therein, a reserve commencing at
the outlet of Beren's River into Lake Winnipeg, and extending along
the shores of said lake, and up said river and into the interior
behind said lake and river, so as to comprehend one hundred and
sixty acres for each family of five, a reasonable addition being,
however, to be made by Her Majesty to the extent of the said
reserve for the inclusion in the tract so reserved of swamp, but
reserving the free navigation of the said lake and river, and free
access to the shores and waters thereof, for Her Majesty and all
Her subjects, and expecting thereout such land as may have been
granted to or stipulated to be held by the "Hudson Bay Company,"
and also such land as Her Majesty or Her successors, may in Her
good pleasure, see fit to grant to the Mission established at or
near Beren's River by the Methodist Church of Canada, for a church,
school-house, parsonage, burial ground and farm, or other mission
purposes; and to the Indians residing at Poplar River, falling into
Lake Winnipeg north of Beren's River, a reserve not exceeding one
hundred and sixty acres to each family of five, respecting, as much
as possible, their present improvements:
And inasmuch as a number of the Indians now residing in and
about Norway House of the band of whom David Rundle is Chief are
desirous of removing to a locality where they can cultivate the
soil, Her Majesty the Queen hereby agrees to lay aside a reserve on
the west side of Lake Winnipeg, in the vicinity of Fisher River, so
as to give one hundred acres to each family of five, or in that
proportion for larger or smaller families, who shall remove to the
said locality within "three years," it being estimated that ninety
families or thereabout will remove within the said period, and that
a reserve will be laid aside sufficient for that or the actual
number; and it is further agreed that those of the band who remain
in the vicinity of "Norway House" shall retain for their own use
their present gardens, buildings and improvements, until the same
be departed with by the Queen's Government, with their consent
first had and obtained, for their individual benefit, if any value
can be realized therefore:
And with regard to the Band of Wood Indians, of whom
Ta-pas-ta-num, or Donald William Sinclair Ross, is Chief, a reserve
at Otter Island, on the west side of Cross Lake, of one hundred and
sixty acres for each family of five or in that proportion for
smaller families-reserving, however, to Her Majesty, Her successors
and Her subjects the free navigation of all lakes and rivers and
free access to the shores thereof; Provided, however, that Her
Majesty reserves the right to deal with any settlers within the
bounds of any lands reserved for any band as She shall deem fit,
and also that the aforesaid reserves of land or any interest
therein may be sold or otherwise disposed of by Her Majesty's
Government for the use and benefit of the said Indians entitled
thereto, with their consent first had and obtained.
And with a view to 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 five dollars for each man,
woman and child belonging to the bands here represented, in
extinguishment of all claims heretofore preferred.
And further, Her Majesty agrees to maintain schools for
instruction in such reserves hereby made as to Her Government of
the Dominion of Canada may seem advisable, whenever the Indians of
the reserve shall desire it.
Her Majesty further agrees with Her said Indians, that within
the boundary of Indian reserves, until otherwise determined by Her
Government of the Dominion of Canada, no intoxicating liquor shall
be allowed to be introduced or sold, and all laws now in force, or
hereafter to be enacted, to preserve Her Indian subjects inhabiting
the reserves, or living elsewhere within Her North-west
Territories, from the evil influence of the use of intoxicating
liquors, shall be strictly enforced.
Her Majesty further agrees with Her said Indians, that they, the
said Indians, shall have right to pursue their avocations of
hunting and fishing throughout the tract surrendered as
hereinbefore described, subject to such regulations as may from
time to time be made by Her Government of Her Dominion of Canada,
and saving and excepting such tracts as may from time to time be
required or taken up for settlement, mining, lumbering or other
purposes, by Her said Government of the Dominion of Canada, or by
any of the subjects thereof duly authorized therefor by the said
Government.
It is further agreed between Her Majesty and Her said Indians
that such sections of the reserves above indicated as may at any
time be required for public works or buildings, of what nature
soever, may be appropriated for that purpose by Her Majesty's
Government of the Dominion of Canada, due compensation being made
for the value of any 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 five hundred dollars per annum shall be yearly and
every year expended by Her Majesty in the purchase of ammunition,
and twine for nets, for the use of the said Indians, in manner
following, that is to say: in the reasonable discretion as regards
the distribution thereof among the Indians inhabiting the several
reserves or otherwise included therein of Her Majesty's Indian
Agent have the supervision of this treaty.
It is further agreed between Her Majesty and the said Indians
that the following articles shall be supplied to any band of the
said Indians who are now cultivating the soil, or who shall
hereafter commence to cultivate the land, that is to say: Two hoes
for every family actually cultivating; also one spade per family as
aforesaid; one plough for every ten families as aforesaid; five
harrows for every twenty families as aforesaid; one scythe for
every family as aforesaid, and also one axe; and also one cross-cut
saw, one hand-saw, one pit-saw, the necessary files, one
grindstone, and one auger for each band; and also for each Chief,
for the use of his band, one chest of ordinary carpenter's tools;
also for each band enough of wheat, barley, potatoes and oats to
plant the land actually broken up for cultivation by such band;
also for each band one yoke of oxen, one bull and four cows all the
aforesaid articles to be given once for all for the encouragement
of the practice of agriculture among the Indians.
It is further agreed between Her Majesty and the said Indians
that each Chief duly recognized as such shall receive an annual
salary of twenty-five dollars per annum, and each subordinate
officer, not exceeding three for each band, shall receive fifteen
dollars per annum; and each such Chief and subordinate officer as
aforesaid shall also receive, once every three years, a suitable
suit of clothing; and each Chief shall receive, in recognition of
the closing of the treaty, a suitable flag and medal.
And the undersigned Chiefs, on their own behalf and on behalf of
all other Indians inhabiting the tract within ceded, do hereby
solemnly promise and engage to strictly observe this treaty, and
also to conduct and behave themselves as good and loyal subjects of
Her Majesty the Queen. They promise and engage that they will, in
all respects, obey and abide by the law, and they will maintain
peace and good order between each other, and also between
themselves and other Tribes of Indians, and between themselves and
others of Her Majesty's subjects, whether Indians or whites, now
inhabiting or hereafter to inhabit any part of the said ceded
tracts, and that they will not molest the person or property of any
inhabitant of such ceded tracts, or the property of Her Majesty the
Queen, or interfere with or trouble any person passing or
travelling through the said tracts, or any part thereof; and that
they will aid and assist the officers of Her Majesty in bringing to
justice and punishment any Indian offending against the
stipulations of this treaty, or infringing the laws in force in the
country so ceded.
IN WITNESS WHEREOF, Her Majesty's said Commissioners and the
said Indian Chiefs have hereunto subscribed and set their hands at
"Beren's River" this twentieth day of September, A.D. 1875, and at
Norway House on the twenty-fourth day of the month and year herein
first above named.
Signed at Norway House by the Chiefs and
Councillors hereunto his subscribing in the presence of the
undersigned witnesses, the same having been first read and
explained by the
Honourable James McKay:
RODK. ROSS,
JOHN H. RUTTAN, Methodist Minister,
O. GRINDER, Methodist Min.,
D. C. McTAVISH,
ALEX. SINCLAIR,
L. C. McTAVISH,
CHRISTINE V. K. MORRIS,
E. C. MORRIS,
A. G. JACKES, M.D.,
THOS. HOWARD.
SINCLAIR ROSS, Chief,
his x mark
We, the Band of the Saulteaux Tribe of Indians residing at the
mouth of the Saskatchewan River, on both sides thereof, having had
communication of the foregoing treaty, hereby, and in consideration
of the provisions of the said treaty being extended to us,
transfer, surrender and relinquish to Her Majesty the Queen, Her
heirs and successors, to and for the use of the Government of
Canada, all our right, title and privileges whatsoever, which we
have or enjoy in the territory described in the said treaty, and
every part thereof, to have and to hold to the use of Her Majesty
the Queen and Her heirs and successors for ever. And Her Majesty
agrees, through the said Commissioners, to assign a reserve of
sufficient area to allow one hundred and sixty acres to each family
of five, or in that proportion for larger or smaller families-such
reserve to be laid off and surveyed next year on the south side of
the River Saskatchewan.
And having regard to the importance of the land where the said
Indians are now settled in respect of the purposes of the
navigation of the said river and transport in connection therewith,
and otherwise, and in view of the fact that many of the said
Indians have now houses and gardens on the other side of the river
and elsewhere which they will abandon, Her Majesty agrees, through
Her said Commissioners, to grant a sum of five hundred dollars to
the said Band to be paid in equitable proportions to such of them
as have houses, to assist them in removing their houses to the said
reserve or building others.
And the said Indians, represented herein by their Chiefs and
Councillors, presented as such by the Band, do hereby agree to
accept the several provisions, payments and other benefits as
stated in the said treaty, and solemnly promise and engage to abide
by, carry out and fulfil all the stipulations, obligations and
conditions therein contained, on the part of the said Chiefs and
Indians therein named, to be observed and performed, and in all
things to conform to the articles of the said treaty as if we
ourselves had been originally contracting parties thereto.
IN WITNESS WHEREOF, Her Majesty's said Commissioners and the
said Indian Chief and Councillors have hereunto subscribed and set
their hands, at the Grand Rapids, this twenty-seventh day of
September, in the year of Our Lord one thousand eight hundred and
seventy-five.
ADHESION BY SAULTEAUX OR CHIPPEWA INDIANS
MEMORANDUM.
The Queen's Indian Commissioners having met Thick-foot and a
portion of the Island Band of Indians at Wa-pang or Dog-head Island
on the 28th day of September, A.D. 1875, request him to notify the
Island Indians and those of Jack-head Point to meet at Wa-pang an
Indian Agent next summer to receive payments under the treaty which
they have made with the Indians of Norway House, Beren's River,
Grand Rapids and Lake Winnipeg, and in which they are included, at
a time of which they will be notified, and to be prepared then to
designate their Chief and two Councillors. The Commissioners have
agreed to give some of the "Norway House" Indians a reserve at
Fisher Creek, and they will give land to the Island Indians at the
same place.
Given at Wa-pang this 28th day of September, A.D. 1875, under
our hands.
I accept payments under the treaty for myself and those who may
adhere to me, and accept the same and all its provisions as a
Principal Indian, and agree to notify the Indians as above
written.
WA-PANG, September 28th, 1875.
ADHESION BY SAULTEAUX OR CHIPPEWA
INDIANS
We, the Band of Saulteaux Tribe of Indians residing at the mouth
of Black River, on the east shore of Lake Winnipeg, having had
communication of the treaty made and concluded at Beren's River the
20th day of September, 1875, between Her Most Gracious Majesty the
Queen, by Her Commissioners the Honourable Alexander Morris,
Lieutenant-Governor of the Province of Manitoba and the Northwest
Territories, and the Honourable James McKay, and the different
tribes of Indians and inhabitants of the country within the limits
mentioned in the said treaty, hereby, and in consideration of the
provisions of the said treaty being extended to us, transfer,
surrender and relinquish to Her Majesty the Queen, Her heirs and
successors, to and for the use of the Government of Canada, all our
rights, titles and privileges whatsoever which we may have or enjoy
in the territory descript in the said treaty, and every part
thereof-and to hold to the use of Her Majesty the Queen, and heirs
and successors forever. And Her Majesty agrees through the Acting
Indian Superintendent, to assign the reserve of sufficient area to
allow one hundred and sixty acres to each family of five, or in
that proportion for smaller or larger families, on the banks of the
said Black River.
IN WITNESS WHEREOF, the said Acting Indian Superintendent and
the said Indians, represented by their Chief and Councillors, have
hereunto subscript and set their hands at Winnipeg, the seventh day
of September, in the year of Our Lord one thousand eight hundred
seventy-six.
ADHESION BY SAULTEAUX OR CHIPPEWA
AND CREE INDIANS
ARTICLE OF AGREEMENT AND ADHESION TO A TREATY made and concluded
at Beren's River on the 20th day of September and at Norway House
the 24th day of September, in the year of Our Lord one thousand
eight hundred and seventy-five, between Her Most Gracious Majesty
the Queen of Great Britain and Ireland, by Her Commissioners, the
Honourable Alexander Morris, Lieutenant-Governor of the Province of
Manitoba and the North-west Territories, and the Honourable James
McKay, of the one part, and the Saulteaux and Swampy Cree Tribes of
Indians, inhabitants of the country within the limits hereinafter
defined and described, by their Chiefs, chosen and named as
hereinafter mentioned, of the other part:
We, the Band of Saulteaux and Swampy Cree Indians, residing at
the "Pas," on the Saskatchewan River, Birch River, the Pas Mountain
and File Lake, and known as "The Pas Band"; and at Cumberland
Island, Sturgeon River, Angling River, Pine Bluff, Beaver Lake and
the Ratty Country, and known as "The Cumberland Band"; and at Moose
Lake and Cedar Lake, and known as "The Moose Lake Band," having had
communication of the aforesaid treaty, of which a true copy is
hereunto annexed, hereby, and in consideration of the provisions of
the said treaty being extended to us, transfer, surrender and
relinquish to Her Majesty the Queen, Her heirs and successors, to
and for the use of the Government of Canada, all our rights, title
and privileges whatsoever, which we have or enjoy in the territory
described in the said treaty and every part thereof, to have and to
hold to the use of Her Majesty the Queen and Her heirs and
successors forever.
And Her Majesty agrees, through Her representative as
hereinafter named, to assign a reserve of sufficient area to allow
one hundred and sixty acres to each family of five, or in that
proportion for larger or smaller families, such reserves to be
subject to the approval of Her Majesty's Government of the Dominion
of Canada, and to be laid off and surveyed as soon as may be found
practicable, in manner following, that is to say: For the "Pas"
Band, a reserve on both sides of the Saskatchewan River at the
"Pas"; but as the area of land fit for cultivation in that vicinity
is very limited, and insufficient to allow of a reserve being laid
off to meet the requirements of the Band, that the balance of such
reserve shall be at "Birch River" and the "Pas Mountain"; for the
"Cumberland Band" a reserve at "Cumberland Island," and as the land
fit for cultivation there is also limited and insufficient to meet
their requirements, that the balance of that reserve shall be at a
point between the "Pine Bluff" and "Lime Stone Rock," on
"Cumberland Lake"; and for the "Moose Lake Band" a reserve at the
north end of "Moose Lake," called Little Narrows-reserving,
however, to Her Majesty, Her heirs, successors, and Her subjects,
the free navigation of all lakes and rivers, and free access to the
shores thereof, and excepting thereout such land as may have been
granted to or stipulated to be held by the Hudson's Bay Company at
the Pas and Cumberland Island, and also such land as Her Majesty or
Her successors may in their good pleasure see fit to grant to the
missions established at the "Pas" and Cumberland Island by the
Church Missionary Society, and the mission established at
Cumberland Island by the Roman Catholic Church; and provided Her
Majesty, Her heirs and successors, reserve the right to deal with
any settlers within the bounds of any lands reserved for any Band
as She shall deem fit.
And the said Indians, represented herein by their Chiefs and
Councillors, presented as such by the Bands, do hereby agree to
accept the several provisions, payments, and other benefits, as
stated in the said treaty, and solemnly promise and engage to abide
by, carry out and fulfil all stipulations, obligations and
conditions therein contained, on the part of the said Chiefs and
Indians therein named, to be observed and performed, and in all
things to conform to the articles of the said treaty, as if we
ourselves had been originally contracting parties thereto.
IN WITNESS WHEREOF, the Honourable Thomas Howard, acting herein
for Her Majesty under special authority of the Honourable Alexander
Morris, Lieutenant-Governor of Manitoba and of the North-west
Territories, and Chief Superintendent of Indian Affairs for the
Manitoba Superintendency, and the said Chiefs and Councillors, have
hereunto subscribed and set their hands at the "Pas," on the
Saskatchewan River, this seventh day of September, in the year of
Our Lord one thousand eight hundred and seventy-six.
Signed by the Chiefs and Councillors within named,
in the presence of the following witnesses, the treaty and this
adhesion, having been first read and explained by the
Rev. Henry
Cochrane:
H. BELLANGER,
HENRY COCHRANE, Missionary,
CHARLES D. RICKARDS,
CHARLES ADAMS, C. Clk., H.B. Co.,
WALTER R. NURSEY,
JOHN CLEMONS
THOMAS NIXON, Jr.,
ROBERT BALLENDINE,
A. M. MUCKLE, J.P.
ADHESION BY SAULTEAUX OR CHIPPEWA INDIANS
ARTICLES OF AGREEMENT AND ADHESION TO A TREATY made and
concluded at Beren's River the 20th day of September, and at Norway
House the 24th day of September, in the year of Our Lord one
thousand eight hundred and seventy-five between Her Most Gracious
Majesty the Queen of Great Britain and Ireland, by Her
Commissioners, the Honourable Alexander Morris, Lieutenant-Governor
of the Province of Manitoba and the North-west Territories, and the
Honourable James McKay, of the one part, and the Saulteaux and
Swampy Cree Tribes of Indians, inhabitants of the country within
the limits hereinafter defined and described, by their Chiefs,
chosen and named as hereinafter mentioned, of the other part.
We, the Band of Saulteaux Indians residing in the vicinity of
the Grand Rapids of the Beren's River, having had communication of
the aforesaid treaty, of which a true copy is hereunto annexed,
hereby and in consideration of the provisions of the said treaty
being extended to us, transfer, surrender and relinquish to Her
Majesty the Queen, Her heirs and successors, to and for the use of
the Government of Canada, all our rights, titles and privileges
whatsoever, which we have or enjoy in the territory described in
the said treaty, and every part thereof, to have and to hold to the
use of Her Majesty the Queen, and Her heirs and successors
forever.
And Her Majesty agrees, through Her representatives as
hereinafter named to assign a reserve of sufficient area to allow
one hundred and sixty acres to each family of five, or in that
proportion for larger or smaller families, such reserve to be laid
off and surveyed as soon as may be found practicable, at or near
the Sandy Narrows of the Beren's River, on both sides of the said
river, reserving the free navigation of the said river, and free
access to the shores thereof, to all Her Majesty's subjects.
And the said Indians, represented herein by their Chief and
Councillor, presented as such by the Band, do hereby agree to
accept the several provisions, payments and other benefits, as
stated in the said treaty, and solemnly promise and engage to abide
by, carry out and fulfil all the stipulations, obligations and
conditions therein contained, on the part of the said Chief and
Indians therein named, to be observed and performed, and in all
things to conform to the articles of the said treaty, as if we
ourselves had been originally contracting parties thereto.
IN WITNESS WHEREOF, the Honourable Thomas Howard, and John
Lestock Reid, Esquire, acting herein for Her Majesty, under special
authority of the Honourable Alexander Morris, Lieutenant-Governor
of Manitoba and the North-west Territories, and Chief
Superintendent of Indian Affairs for the Manitoba Superintendency,
and the said Chief and Councillor, have hereunto subscribed and set
their hands at the Beren's River, this fourth day of August, A.D.
1876.
Signed by the Chief and Councillor within named in
the presence of the following witnesses, the treaty and this
adhesion having been first read and explained by the
Rev. H.
Cochrane
HENRY COCHRANE, Missionary
JAMES FLETT,
OWEN HUGHES,
ALEXANDER BEGG,
A. M. MUCKLE, J.P.,
GEO. COLDEE,
THOMAS PRATT,
WILLIAM McKAY,
THOMAS NIXON, Jr.
ADHESION BY SAULTEAUX AND CHIPPEWA INDIANS
ARTICLES OF AGREEMENT AND ADHESION TO A TREATY made and
concluded at Beren's River the 20th day of September, and at Norway
House the 24th day of September, in the year of Our Lord one
thousand eight hundred and seventy five, between Her Most Gracious
Majesty the Queen of Great Britain and Ireland, by Her
Commissioners, the Honourable Alexander Morris, Lieutenant-Governor
of the Province of Manitoba and the North-west Territories, and the
Honourable James McKay, of the one part, and the Saulteaux and
Swampy Cree Tribes of Indians, inhabitants of the country within
the limits hereinafter defined and described, by their Chiefs,
chosen and named as hereinafter mentioned, of the other part:
We, the Band of Saulteaux Indians residing at or near the Big
Island and the other islands in Lake Winnipeg, and also on the
shores thereof, having had communication of the aforesaid treaty,
of which a true copy is hereunto annexed, hereby, and in
consideration of the provisions of the said treaty being extended
to us, transfer, surrender, and relinquish to Her Majesty the
Queen, Her heirs and successors, to and for the use of the
Government of Canada, all our right, title and privileges
whatsoever, which we have or enjoy in the territory described in
the said treaty, and every part thereof, to have and to hold to the
use of Her Majesty the Queen, and Her heirs and successors
forever.
And Her Majesty agrees, through Her representatives as
hereinafter named, to assign reserves of sufficient area to allow
one hundred and sixty acres to each family of five, or in that
proportion for larger or smaller families, such reserves to be
selected for said Indians by a Dominion Land Surveyor, or other
officer named for that purpose, with the approval of the said
Indians, as soon as practicable.
And the said Indians, represented herein by their Chief and
Councillors, presented as such by the Band, do hereby agree to
accept the several provisions, payments and other benefits as
stated in the said treaty, and solemnly promise and engage to abide
by, carry out and fulfil all the stipulations, obligations and
conditions therein contained, on the part of the said Chief and
Indians therein named, to be observed and performed, and in all
things to conform to the articles of the said treaty, as if we
ourselves had been originally contracting parties thereto.
IN WITNESS WHEREOF, the Honourable Thomas Howard, and John
Lestock Reid, Esquire, acting herein for Her Majesty, under special
authority of the Honourable Alexander Morris, Lieutenant-Governor
of Manitoba and of the North-west Territories, and Chief
Superintendent of Indian Affairs for the Manitoba Superintendency,
and the said Chief and Councillors, have hereunto subscribed and
set their hands, at Wapang, or Dog Head, Lake Winnipeg, this
twenty-six day of July, A.D. 1876.
Signed by the Chief and Councillors within named
in the presence of the following witnesses, treaty and this
adhesion having been first read and explained by the
Rev. Henry
Cochrane:
W. W. KIRBY, Archdeacon of York,
HENRY COCHRANE, Missionary,
ALEXANDER BEGG,
WILLIAM LEACK,
THOMAS NIXON, Jr.,
A. M. MUCKLE, J.P.
I, the Honourable Alexander Morris, Lieutenant-Governor of
Manitoba and the North-west Territories, do hereby certify that the
foregoing is a true copy of the treaty of which it purports to be a
copy.
Given under my hand and seal at Fort Garry, this nineteenth day
of July, A.D. 1876.
ADHESION TO TREATY 5
BY
SPLIT LAKE AND NELSON HOUSE.
We, the undersigned Chiefs and Headmen, on behalf of ourselves
and the other members of the Split Lake and Nelson House Bands of
Indians, having had communication of the Treaty with certain Bands
of Saulteaux and Swampy Cree Indians, known as Treaty No. 5, hereby
in consideration of the provisions of the said Treaty being
extended to us, it being understood and agreed that the said
provisions shall not be retroactive, transfer, surrender, and
relinquish to His Majesty the King, his heirs and successors, to
and for the use of the Government of Canada, all our right, title
and privileges whatsoever, which we have or enjoy in the territory
described in the said Treaty, and every part thereof, to have and
to hold to the use of His Majesty the King, and his heirs and
successors forever.
And we also hereby transfer, surrender and relinquish to His
Majesty the King, His heirs and successors, to and for the use of
the Government of the Dominion of Canada, all our right, title and
interest whatsoever which we and the said Bands which we represent
hold and enjoy, or have held and enjoyed, of, in and to the
territory within the following limits: All that portion of the
North West Territories of Canada comprised within the following
limits, that is to say; commencing where the sixtieth parallel of
latitude intersects the water's edge of the West shore of Hudson
Bay, thence West along the said parallel to the North East corner
of the Province of Saskatchewan, thence south along the East
boundary of the said Province, to the Northerly limit of the Indian
treaty number Five, thence North Easterly, then South Easterly,
then South Westerly and again South Easterly following the
northerly limit of the said Treaty number Five to the intersection
of a line drawn from the North East corner of the Province of
Manitoba, North Fifty-five degrees East; thence on the said line
produced fifty miles; thence North twenty-five degrees East one
hundred and eighty miles more or less to a point situated due South
of Cape Tatnam, thence due North ninety-eight miles more or less to
the said Cape Tatnam; thence South Westerly and then Northerly
following the water's edge of the West shore of Hudson Bay to the
point of commencement, together with all the foreshores, and
Islands adjacent to the said described tract of land, and
containing approximately an area of one hundred and thirty-three
thousand four hundred (133,400) square miles.
And also, all our right, title and interest whatsoever to all
other lands wherever situated, whether within the limits of any
other treaty heretofore made, or hereafter to be made with the
Indians, and whether the said lands are situated in the North West
Territories or elsewhere in His Majesty's Dominions, to have and to
hold the same unto and for the use of His Majesty, the King, His
heirs and successors forever.
And we hereby agree to accept the several benefits, payments and
reserves promised to and accepted by the Indians adhering to the
said Treaty No. 5. And we solemnly engage to abide by, carry out
and fulfil all the stipulations, obligations and conditions therein
contained on the part of the Chiefs and Indians therein named to be
observed and performed, and we agree 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 attached our signatures to the said treaty.
And his Majesty hereby agrees to set apart Reserves of land of a
like proportionate area to those mentioned in the original Treaty
No. 5.
And his Majesty further hereby agrees to provide a grant
proportionate to that mentioned in the original treaty to be yearly
and every year expended by His Majesty in the purchase of
ammunition and twine for nets for the use of the said Indians; and
to further increase this annual grant in lieu of other supplies
provided by the said treaty when this action is shown to be in the
interests of the Indians.
And his Majesty further agrees to pay to each Indian a gratuity
of Five Dollars in cash, once for all, in addition to the Five
Dollars annuity promised by the Treaty in order to show the
satisfaction of His Majesty with the behaviour and good conduct of
his Indians and in extinguishment of all their past claims.
IN WITNESS WHEREOF, His Majesty's Special Commissioner and the
Chiefs and Councillors of the Bands hereby giving their adhesion to
the said treaty have hereunto subscribed and set their hands at
Split Lake this Twenty-sixth day of June in the year of our Lord
one thousand nine hundred and eight.
IN WITNESS WHEREOF, His Majesty's Special Commissioner and the
Chiefs and Councillors of the Bands hereby giving their adhesion to
the said treaty have hereunto subscribed and set their hands at
Nelson House this thirtieth day of July in the year of our Lord one
thousand nine hundred and eight.
[Name in Cree characters]
PETER MOOSE, Chief.
his x mark
[Name in Cree characters)
MURDOCH HART, Councillor.
his x mark
[Name in Cree characters]
JAMES SPENCE, Councillor.
his x mark
ADHESION TO TREATY No. 5
- 1908 -
NORWAY HOUSE, CROSS LAKE, and FISHER RIVER.
Dated respectively: 8th July 1908; 15th July 1908; 24th
August 1908.
WE, the undersigned principal men of the non-treaty Indians
resident at the places hereinafter mentioned at which this adhesion
has been signed having had communication of the Treaty with certain
Bands of Saulteaux and Swampy Cree Indians, known as Treaty No. 5,
hereby, in consideration of the provisions of the said Treaty being
extended to us, it being understood and agreed that the said
provisions shall not be retroactive, transfer, surrender and
relinquish to His Majesty the King, his heirs and successors, to
and for the use of the Government of Canada, all our right, title,
and privileges whatsoever, which we have or enjoy in the territory
described in the said treaty, and every part thereof, to have and
to hold to the use of His Majesty the King, and his heirs and
successors forever.
And also, all our right, title and interest whatsoever to all
other lands wherever situated, whether within the limits of any
other treaty heretofore made, or hereafter to be made with the
Indians, and whether the said lands are situated in the North West
Territories or elsewhere in His Majesty's Dominions, to have and to
hold the same unto and for the use of His Majesty the King, His
heirs and successors forever.
And His Majesty hereby agrees to set apart Reserves of land of a
like proportionate area to those mentioned in the original Treaty
No. 5, or if thought advisable, to add to Reserves already set
aside proportionate areas for the Indians now by this Instrument
giving their adhesion to the said Treaty.
And His Majesty further hereby agrees to provide a grant
proportionate to that mentioned in the original Treaty to be yearly
and every year expended by His Majesty in the purchase of
ammunition and twine for nets for the use of the said Indians.
AND we hereby agree to accept the several benefits, payments and
reserves promised to the Indians adhering to the said Treaty No. 5,
it being understood and agreed by us that the said benefits and
payments shall not be retroactive. And we solemnly engage to abide
by, carry out and fulfil all the stipulations, obligations and
conditions therein contained on the part of the Chiefs and Indians
therein named to be observed and performed, and we agree 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 attached our signatures to the
said treaty.
IN WITNESS WHEREOF His Majesty's Special Commissioner and the
Chiefs and Councillors of the Bands hereby giving their adhesion to
the said treaty have hereunto subscribed and set their hands at
Norway House this eighth day of July and at Cross Lake this
fifteenth day of July and at Fisher River this twenty-fourth day of
August in the year of our Lord one thousand nine hundred and
eight.
Signed by the parties hereto in the resence of the
undersigned witnesses, the same having been first mark explained to
the Indians by
JOHN SEMMENS, Commissioner.
ADHESION TO TREATY No. 5
OXFORD HOUSE, GOD'S LAKE, and ISLAND LAKE BANDS.
Dated 29th day of July 1909
We, the undersigned Chiefs and Headmen, on behalf of ourselves
and the other members of the Oxford House, God's Lake and Island
Lake Band of Indians, having had communication of the Treaty with
certain Bands of Saulteaux and Swampy Cree Indians, known as Treaty
No. 5, hereby in consideration of the provisions of the said Treaty
being extended to us, it being understood and agreed that the said
provisions shall not be retroactive, transfer, surrender and
relinquish to His Majesty the King, his heirs and successors, to
and for the use of the Government of Canada, all our right, title
and privileges whatsoever, which we have or enjoy in the territory
described in the said Treaty, and every part thereof, to have and
to hold to the use of His Majesty the King, and his heirs and
successors forever.
And we also hereby transfer, surrender and relinquish to His
Majesty the King, His heirs and successors, to and for the use of
the Government of the Dominion of Canada, all our right, title and
interest whatsoever which we and the said Bands which we represent
hold and enjoy, or have held and enjoyed, of, in and to the
territory within the following limits:-All that portion of the
North West Territories of Canada comprised within the following
limits, that is to say; commencing where the sixtieth parallel of
latitude intersects the water's edge of the West shore of Hudson
Bay, thence West along the said parallel to the North East corner
of the Province of Saskatchewan, thence south along the East
boundary of the said Province to the Northerly limit of the Indian
treaty number Five, thence North Easterly, then South Easterly,
then South Westerly and again South Easterly following the
northerly limit of the said Treaty number Five to the intersection
of a line drawn from the North East corner of the Province of
Manitoba, North Fifty-five degrees East; thence on the said line
produced fifty miles; thence North twenty-five degrees East one
hundred and eighty miles more or less to a point situated due South
of Cape Tatnam, thence due North ninety-eight miles more or less to
the said Cape Tatnam; thence South Westerly and then Northerly
following the water's edge of the West shore of Hudson Bay to the
point of commencement, together with all the foreshores, and
Islands adjacent to the said described tract of land, and
containing approximately an area of one hundred and thirty-three
thousand four hundred (133,400) square miles.
And also, all our right, title and interest whatsoever to all
other lands wherever situated, whether within the limits of any
other treaty heretofore made, of hereafter to be made with the
Indians, and whether the said lands are situated in the North West
Territories or elsewhere in His Majesty's Dominions, to have and to
hold the same unto and for the use of His Majesty, the King, His
heirs and successors forever.
And we hereby agree to accept the several benefits, payments and
reserves promised to and accepted by the Indians adhering to the
said Treaty No. 5. And we solemnly engage to abide by, carry out
and fulfil all the stipulations, obligations and conditions therein
contained on the part of the Chiefs and Indians therein named to be
observed and performed, and we agree 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 attached our signatures to the said treaty.
And His Majesty hereby agrees to set apart Reserves of land of a
like proportionate area to those mentioned in the original Treaty
No. 5.
And His Majesty further hereby agrees to provide a grant
proportionate to that mentioned in the original Treaty to be yearly
and every year expended by His Majesty in the purchase of
ammunition and twine for nets for the use of the said Indians; and
to further increase this annual grant in lieu of other supplies
provided by the said treaty when this action is shown to be in the
interests of the Indians.
And His Majesty further agrees to pay to each Indian a gratuity
of Five Dollars in cash, once for all, in addition to the Five
Dollars annuity promised by the Treaty in order to show the
satisfaction of His Majesty with the behaviour and good conduct of
his Indians and in extinguishment of all their past claims.
IN WITNESS WHEREOF, His Majesty's Special Commissioner and the
Chiefs and Councillors of the Bands hereby giving their adhesion to
the said treaty have hereunto subscribed and set their hands at
Oxford House this Twenty Ninth day of July in the year of Our Lord
one thousand nine hundred and nine.
And at God's Lake this 6th day of August in the year of Our Lord
one thousand nine hundred and nine.
[Name in Cree characters]
(
PETER WATT ), Chief
his x mark
[Name in Cree characters]
(
BIG SIMON ), Councillor.
his x mark
And at Island Lake this 13th day of August in the year of Our
Lord one thousand nine hundred and nine.
WE, the undersigned Chiefs and Headmen, on behalf of ourselves
and the other members of the Deer Lake, Fort York and Fort
Churchill Bands of Indians, having had communication of the Treaty
with certain Bands of Saulteaux and Swampy Cree Indians, known as
Treaty No. 5, hereby in consideration of the provisions of the said
Treaty being extended to us, it being understood and agreed that
the said provisions shall not be retroactive, transfer, surrender
and relinquish to His Majesty the King, his heirs and successors,
to and for the use of the Government of Canada, all our right,
title and privileges whatsoever, which we have or enjoy in the
territory described in the said Treaty, and every part thereof, to
have and to hold to the use of His Majesty the King, and his heirs
and successors forever.
And we also hereby transfer, surrender and relinquish to His
Majesty the King, His heirs and successors, to and for the use of
the Government of the Dominion of Canada, all our right, title and
interest whatsoever which we and the said Bands which we represent
hold and enjoy, or have held and enjoyed, of, in and to the
territory within the following limits; All that portion of the
North West Territories of Canada comprised within the following
limits, that is to say; commencing where the sixtieth parallel of
latitude intersects the water's edge of the West shore of Hudson
Bay, thence West along the said parallel to the North East corner
of the Province of Saskatchewan, thence south along the East
boundary of the said Province to the Northerly limit of the Indian
treaty number Five, thence North Easterly, then South Easterly,
then South Westerly and again south Easterly following the
northerly limit of the said Treaty Number Five to the intersection
of a line drawn from the North East corner of the Province of
Manitoba, North Fifty-five degrees East; thence on the said line
produced fifty miles; thence North twenty-five degrees East one
hundred and eighty miles more or less to a point situated due South
of Cape Tatnam, thence due North ninety-eight miles more or less to
the said Cape Tatnam; thence South Westerly and then Northerly
following the water's edge of the West shore of Hudson Bay to the
point of commencement, together with all the foreshores, and
Islands adjacent to the said described tract of land, and
containing approximately an area of one hundred and thirty-three
thousand four hundred (133,400) square miles.
And also, all our right, title and interest whatsoever to all
other lands wherever situated, whether within the limits of any
other treaty heretofore made, or hereafter to be made with the
Indians, and whether the said lands are situated in the North West
Territories or elsewhere in His Majesty's Dominions, to have and to
hold the same unto and for the use of His Majesty the King, His
heirs and successors forever.
And we hereby agree to accept the several benefits, payments and
reserves promised to and accepted by the Indians adhering to the
said Treaty No. 5. And we solemnly engage to abide by, carry out
and fulfil all the stipulations, obligations and conditions therein
contained on the part of the Chiefs and Indians therein named to be
observed and performed, and we agree 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 attached our signatures to the said Treaty.
And His Majesty hereby agrees to set apart Reserves of land of a
like proportionate area to those mentioned in the original Treaty
No. 5.
And His Majesty further hereby agrees to provide a grant
proportionate to that mentioned in the original Treaty to be yearly
and every year expended by His Majesty in the purchase of
ammunition and twine for nets for the use of the said Indians; and
to further increase this annual grant in lieu of other supplies
provided by the said Treaty when this action is shown to be in the
interests of the Indians.
And His Majesty further agrees to pay to each Indian a gratuity
of Five Dollars in cash, once for all, in addition to the Five
Dollars annuity promised by the Treaty in order to show the
satisfaction of His Majesty with the behaviour and good conduct of
his Indians and in extinguishment of all their past claims.
IN WITNESS WHEREOF, His Majesty's Special Commissioner and the
Chiefs and Councillors of the Bands hereby giving their adhesion to
the said Treaty have hereunto subscribed and set their hands at
Deer's Lake East this ninth day of June in the year of our Lord one
thousand nine hundred and ten.
Signed by the parties hereto in the presence of
the undersigned witnesses, the same having been first explained to
the Indians by
[L.S.]
ROBERT FIDDLER
Chief of Deer's Lake East.
his x mark
Signed at Fort Churchill, August 1st, 1910,
by
JOHN SEMMENS, [L.S.]
Commissioner.
Signed at York Factory, August 10th, 1910.
[Name in Indian characters] [L.S.]
CHARLES WASTASEKOOT, Chief.
his x mark
[Name in Indian characters] [L.S.]
ROBERT BEARDY, Councillor
his x mark