On a Report dated 28th June 1877 from the Honourable the
Minister of the Interior stating that it having been decided that a
Treaty should be made this year with the Blackfeet and other
Indians occupying the unceded territory North of the Boundary Line,
East of the Rocky Mountains, and West and South of Treaties Nos. 4
and 6, His Honor Lieut. Governor Laird was in the early part of the
year instructed to notify the Indians that Commissioners would be
sent in the Fall to negotiate a Treaty with them at such time and
place as His Honor might appoint for that purpose.
That His Honor has advised the Department that he has
accordingly notified the Indians to assemble at Fort MacLeod on the
13th September next to meet the Commissioners to be appointed to
negotiate a Treaty with them. That the necessary funds to meet the
expense of the Treaty have been duly provided in the Estimates for
the coming year.
That the Territory to be included in the proposed Treaty is
occupied by the Blackfeet, Crees, Sarcees and Peigans and may be
estimated approximately at about 35,000 Square Miles in area.
The Minister recommends that His Honor the Lieutenant Governor
of the North West Territories and Lieut. Colonel James F. Macleod,
C.M.G., Commissioner of the Mounted Police, be appointed
Commissioners for the purpose of negotiating the proposed
Treaty.
The Committee submit the foregoing recommendations for
approval.
Approved
12 July 1877
Signed: Mr. B. Richards
Deputy Governor
ARTICLES OF A TREATY
Made and concluded this twenty-second day of September, in the
year of Our Lord, one thousand eight hundred and seventy-seven,
between Her Most Gracious Majesty the Queen of Great Britain and
Ireland, by Her Commissioners, the Honorable David Laird,
Lieutenant-Governor and Indian Superintendent of the North-West
Territories, and James Farquharson MacLeod, C.M.G., Commissioner of
the North-West Mounted Police, of the one part, and the Blackfeet,
Blood, Piegan, Sarcee, Stony and other Indians, inhabitants of the
Territory north of the United States Boundary Line, east of the
central range of the Rocky Mountains, and south and west of
Treaties numbers six and four, by their Head Chiefs and Minor
Chiefs or Councillors, chosen as hereinafter mentioned, of the
other part.
WHEREAS the Indians inhabiting the said Territory, have,
pursuant to an appointment made by the said Commissioners, been
convened at a meeting at the ·Blackfoot Crossingº of the Bow River,
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 informed by Her Majestyµs
Commissioners that it is the desire of Her Majesty to open up for
settlement, and such other purposes as to Her Majesty may seem
meet, a tract of country, bounded and described as hereinafter
mentioned, and to obtain the consent thereto of Her Indian subjects
inhabiting the said tract, and to make a Treaty, and arrange with
them, so that there may be peace and good will between them and Her
Majesty, and between them and Her Majestyµs other subjects; and
that Her Indian people may know and feel assured of what allowance
they are to count upon and receive from Her Majestyµs bounty and
benevolence;
And whereas the Indians of the said tract, duly convened in
Council, and being requested by Her Majestyµs Commissioners to
present their Head Chiefs and Minor Chiefs, or Councillors, who
shall 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 Blackfeet, Blood, Piegan and Sarcee Indians have therefore
acknowledged for that purpose, the several Head and Minor Chiefs,
and the said Stony Indians, the Chiefs and Councillors who have
subscribed hereto, that thereupon in open Council the said
Commissioners received and acknowledged the Head and Minor Chiefs
and the Chiefs and Councillors presented for the purpose
aforesaid;
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 Blackfeet,
Blood, Piegan, Sarcee, Stony and other Indians inhabiting the
district hereinafter more fully described and defined, do hereby
cede, release, surrender, and yield up to the Government 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 a point on the International Boundary due south of
the western extremity of the Cypress Hills, thence west along the
said boundary to the central range of the Rocky Mountains, or to
the boundary of the Province of British Columbia, thence
north-westerly along the said boundary to a point due west of the
source of the main branch of the Red Deer River, thence
south-westerly and southerly following on the boundaries of the
Tracts ceded by the Treaties numbered six and four to the place of
commencement;
And also all their rights, titles and privileges whatsoever, to
all other lands wherever situated in the North-West Territories, or
in any other portion of the Dominion of Canada:
To have and to hold the same to Her Majesty the Queen and her
successors for ever:
And Her Majesty the Queen hereby agrees with her said Indians,
that they shall have right to pursue their vocations of hunting
throughout the Tract surrendered as heretofore described, subject
to such regulations as may, from time to time, be made by the
Government of the country, acting under the authority of Her
Majesty and saving and excepting such Tracts as may be required or
taken up from time to time for settlement, mining, trading or other
purposes by Her Government of Canada; or by any of Her Majesty's
subjects duly authorized therefor by the said Government.
It is also agreed between Her Majesty and Her said Indians that
Reserves shall be assigned them of sufficient area to allow one
square mile for each family of five persons, or in that proportion
for larger and smaller families, and that said Reserves shall be
located as follows, that is to say:
First. --- The Reserves of the Blackfeet, Blood and Sarcee Bands
of Indians, shall consist of a belt of land on the north side of
the Bow and South Saskatchewan Rivers, of an average width of four
miles along said rivers, down stream, commencing at a point on the
Bow River twenty miles north-westerly of the Blackfoot Crossing
thereof, and extending to the Red Deer River at its junction with
the South Saskatchewan; also for the term of ten years, and no
longer, from the date of the concluding of this Treaty, when it
shall cease to be a portion of said Indian Reserves, as fully to
all intents and purposes as if it had not at any time been included
therein, and without any compensation to individual Indians for
improvements, of a similar belt of land on the south side of the
Bow and Saskatchewan Rivers of an average width of one mile along
said rivers, down stream; commencing at the aforesaid point on the
Bow River, and extending to a point one mile west of the coal seam
on said river, about five miles below the said Blackfoot Crossing;
beginning again one mile east of the said coal seam and extending
to the mouth of Maple Creek at its junction with the South
Saskatchewan; and beginning again at the junction of the Bow River
with the latter river, and extending on both sides of the South
Saskatchewan in an average width on each side thereof of one mile,
along said river against the stream, to the junction of the Little
Bow River with the latter river, reserving to Her Majesty, as may
now or hereafter be required by Her for the use of Her Indian and
other subjects, from all the Reserves hereinbefore described, the
right to navigate the above mentioned rivers, to land and receive
fuel cargoes on the shores and banks thereof, to build bridges and
establish ferries thereon, to use the fords thereof and all the
trails leading thereto, and to open such other roads through the
said Reserves as may appear to Her Majesty's Government of Canada,
necessary for the ordinary travel of her Indian and other subjects,
due compensation being paid to individual Indians for improvements,
when the same may be in any manner encroached upon by such
roads.
Secondly --- That the Reserve of the Piegan Band of Indians
shall be on the Old Man's River, near the foot of the Porcupine
Hills, at a place called "Crow's Creek."
And, Thirdly --- The Reserve of the Stony Band of Indians shall
be in the vicinity of Morleyville.
In view of the satisfaction of Her Majesty with the recent
general good conduct of her said Indians, and in extinguishment of
all their past claims, she hereby, through her Commissioners,
agrees to make them a present payment of twelve dollars each in
cash to each man, woman, and child of the families here
represented.
Her Majesty also agrees that next year, and annually afterwards
forever, she will cause to be paid to the said Indians, in cash, at
suitable places and dates, of which the said Indians shall be duly
notified, to each Chief, twenty-five dollars, each minor Chief or
Councillor (not exceeding fifteen minor Chiefs to the Blackfeet and
Blood Indians, and four to the Piegan and Sarcee Bands, and five
Councillors to the Stony Indian Bands), fifteen dollars, and to
every other Indian of whatever age, five dollars; the same, unless
there be some exceptional reason, to be paid to the heads of
families for those belonging thereto.
Further, Her Majesty agrees that the sum of two thousand dollars
shall hereafter every year be expended in the purchase of
ammunition for distribution among the said Indians; Provided that
if at any future time ammunition become comparatively unnecessary
for said Indians, Her Government, with the consent of said Indians,
or any of the Bands thereof, may expend the proportion due to such
Band otherwise for their benefit.
Further, Her Majesty agrees that each Head Chief and Minor
Chief, and each Chief and Councillor duly recognized as such,
shall, once in every three years, during the term of their office,
receive a suitable suit of clothing, and each Head Chief and Stony
Chief, in recognition of the closing of the Treaty, a suitable
medal and flag, and next year, or as soon as convenient, each Head
Chief, and Minor Chief, and Stony Chief shall receive a Winchester
rifle.
Further, Her Majesty agrees to pay the salary of such teachers
to instruct the children of said Indians as to Her Government of
Canada may seem advisable, when said Indians are settled on their
Reserves and shall desire teachers.
Further, Her Majesty agrees to supply each Head and Minor Chief,
and each Stony Chief, for the use of their Bands, ten axes, five
handsaws, five augers, one grindstone, and the necessary files and
whetstones.
And further, Her Majesty agrees that the said Indians shall be
supplied as soon as convenient, after any Band shall make due
application therefor, with the following cattle for raising stock,
that is to say: for every family of five persons, and under, two
cows; for every family of more than five persons, and less than ten
persons, three cows, for every family of over ten persons, four
cows; and every Head and Minor Chief, and every Stony Chief, for
the use of their Bands, one bull; but if any Band desire to
cultivate the soil as well as raise stock, each family of such Band
shall receive one cow less than the above mentioned number, and in
lieu thereof, when settled on their Reserves and prepared to break
up the soil, two hoes, one spade, one scythe, and two hay forks,
and for every three families, one plough and one harrow, and for
each Band, enough potatoes, barley, oats, and wheat (if such seeds
be suited for the locality of their Reserves) to plant the land
actually broken up. All the aforesaid articles to be given, once
for all, for the encouragement of the practice of agriculture among
the Indians.
And the undersigned Blackfeet, Blood, Piegan and Sarcee Head
Chiefs and Minor Chiefs, and Stony Chiefs and Councillors on their
own behalf and on behalf of all other Indians inhabiting the Tract
within ceded do hereby solemnly promise and engage to strictly
observe this Treaty, and also to conduct and behave themselves as
good and loyal subjects of Her Majesty the Queen. They promise and
engage that they will, in all respects, obey and abide by the Law,
that they will maintain peace and good order between each other and
between themselves and other tribes of Indians, and between
themselves and others of Her Majesty's subjects, whether Indians,
Half Breeds or Whites, now inhabiting, or hereafter to inhabit, any
part of the said ceded tract; and that they will not molest the
person or property of any inhabitant of such ceded tract, or the
property of Her Majesty the Queen, or interfere with or trouble any
person, passing or travelling through the said tract or any part
thereof, and that they will assist the officers of Her Majesty in
bringing to justice and punishment any Indian offending against the
stipulations of this Treaty, or infringing the laws in force in the
country so ceded.
IN WITNESS WHEREOF HER MAJESTY'S said Commissioners, and the
said Indian Head and Minor Chiefs, and Stony Chiefs and
Councillors, have hereunto subscribed and set their hands, at the
"Blackfoot Crossing" of the Bow River, the day and year herein
first above written.
Signed by the Chiefs and Councillors
within named in presence of the following witnesses, the same having
been first explained by
James Bird,
Interpreter.
DAVID LAIRD, Lieutenant-Governor of
North-West Territories, and Special
Indian Commissioner.
A. G. IRVINE, Ass't. Com., N.W.M.P.
J. McDOUGALL, Missionary.
JEAN L'HEUREUX.
W. WINDER, Inspector.
T. N. F. CROZIER, Inspector.
E. DALRYMPLE CLARK, Lieut &
Adjutant N.W.M.P.
A. SHURTLIFF, Sub Inspector.
C. E. DENING, Sub Inspector.
W. D. AUTROBUS, Sub Inspector.
FRANK NORMAN, Staff Constable.
MARY J. MACLEOD
JULIA WINDER
JULIA SHURTLIFF
E. HARDISTY
A. McDOUGALL
E. A. BARRETT.
JAMES F. MACLEOD, Lieut.-Colonel,
Com. N.W.M.P., and Special Indian
Commissioner.
CHAPO-MEXICO, or Crowfoot,
Head Chief of the South
Blackfeet.
his x mark.
MATOSE-APIW, or Old Sun,
Head Chief of the North
Blackfeet.
his x mark.
STAMISCOTOCAR, or Bull Head.
Head Chief of the Sarcees.
his x mark.
MEKASTO, or Red Crow
Head Chief of the South Bloods
his x mark.
SOTENAH, or Rainy Chief,
Head Chief of the North
Bloods.
his x mark.
SAKOYE-AOTAN, or Heavy Shield,
Head Chief of the Middle
Blackfeet.
his x mark.
ZOATZE-TAPITAPIW, or Setting
on an Eagle Tail.
Head Chief of the North Piegans
his x mark.
STONY CHIEFS
STONY COUNCILLORS
GEORGE CRAWLOR,
his x mark.
PITAH,
or Eagle,
his x mark.
We the members of the Blackfoot tribe of Indians having had
explained to us the terms of the Treaty made and concluded at the
Blackfoot Crossing of the Bow River, on the twenty-second day of
September, in the year of our Lord one thousand eight hundred and
seventy-seven;
Between Her Majesty the Queen, by Her Commissioners duly
appointed to negotiate the said Treaty and the Blackfeet, Blood,
Piegan, Sarcee, Stony and other Indian inhabitants of the country
within the limits defined in the said Treaty, but not having been
present at the Councils at which the articles of the said Treaty
were agreed upon, do now hereby, for ourselves and the Bands which
we represent, in consideration of the provisions of the said Treaty
being extended to us and the 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 the Dominion of
Canada, all our right, title, and interest whatsoever which we and
the said Bands which we represent have held or enjoyed of in and to
the territory described and fully set out in the said Treaty; 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 Indians, or elsewhere
in Her Majesty's territories, to have and to hold the same unto and
for the use of Her Majesty the Queen, Her heirs and successors
forever;
And we hereby agree to accept the several benefits, payments,
and Reserves promised to the Indians under the Chiefs adhering to
the said Treaty at the Blackfoot Crossing of the Bow River, 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 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 at
the Councils held at the Blackfoot Crossing of the Bow River, and
had there attached our signatures to the said Treaty.
IN WITNESS WHEREOF, James Farquharson MacLeod, C.M.G., one of
Her Majesty's Commissioners appointed to negotiate the said Treaty,
and the Chief of the Band, hereby giving their adhesion to the said
Treaty, have hereunto subscribed and set their hands at Fort
MacLeod, this fourth day of December, in the year of our Lord one
thousand and eight hundred and seventy-seven.
Signed by the parties hereto
in the presence of the undersigned witnesses, the same having been explained to the
Indians
by the said James Farquharson
MacLeod, one of the Commissioners appointed to negotiate
the said Treaty, through the
interpreter, Jerry Potts, in the
presence of
This individual participated in:
