ORDER IN COUNCIL SETTING UP COMMISSION FOR
TREATY No. 10
P.C. No. 1459
On a Report dated 12th July 1906, from the Superintendent
General of Indian Affairs, stating that the aboriginal title has
not been extinguished in the greater portion of that part of the
Province of Saskatchewan which lies north of the 54th parallel of
latitude and in a small adjoining area in Alberta; that the Indians
and Half-breeds of that territory are similarly situated to those
whose country lies immediately to the south and west, whose claims
have already been extinguished by, in the case of those who are
Indians, a payment of a gratuity and annuity and the setting aside
of lands as reserves, and in the case of those who are Half-breeds,
by the issue of scrip; and they have from time to time pressed
their claims for settlement on similar lines; that it is in the
public interest that the whole of the territory included within the
boundaries of the Provinces of Saskatchewan and Alberta should be
relieved of the claims of the aborigines; and that $12,000.00 has
been included in the estimates for expenses in the making of a
treaty with Indians and in settling the claims of the Half-breeds
and for paying the usual gratuities to the Indians.
The Minister recommends as follows:
- That a Treaty be made with the Indians of the aforesaid
territory, which is situated partly in the Province of Saskatchewan
and partly in the Province of Alberta, and lying to the east of
Treaty 8, and to the north of Treaties 5 and 6, and the addition to
Treaty 6, which territory contains, approximately, an area of
85,000 square miles; and that the Treaty provide:
- for the setting aside of reserves of an area not to exceed one
square mile for each family of five for such number of families as
may elect to reside on reserves, or in that proportion for larger
or smaller families, and for such Indian families or individual
Indians as prefer to live apart from band reserves, the setting
aside of lands in severalty to the extent of 160 acres for each
Indian with a proviso as to non-alienation without the consent of
the Governor in Council;
- for the payment at the time of the making of the Treaty of
$32.00 in cash to each Chief, and $22.00 to each headman, and
$12.00 to every other Indian of whatever age, and the payment every
year thereafter of $25.00 to each Chief, $15.00 to each headman and
$5.00 to every other Indian of whatever age;
- for the making of such provision as may from time to time be
deemed advisable for the education of the Indian children; and
- for the affording of such assistance as may be found necessary
or desirable to advance the Indians in farming or stock-raising or
other work.
- That the Half-breeds of the territory aforesaid be granted
scrip redeemable to the amount of $240.00 in payment for Dominion
Land or locatable for 240 acres of Dominion Land in the form and
according to the rules followed in the issue of scrip to the
Half-breeds in the territory covered by Treaty 8, which are as
follows:
- Every Half-breed resident in the territory to be covered by the
proposed Treaty at the time of the making thereof whose claim has
not been extinguished either by the issue of scrip to himself or
his parents or otherwise to be granted scrip as aforesaid for land
or money as he, or his parent or guardian, if he be under eighteen
years of age, may elect;
- The extinguishment of the claim of one parent shall not be held
to debar from scrip any Half-breed who is a resident of the said
territory at the time of the making of the Treaty;
- In case of Half-breeds whose claims were previously
extinguished and who may be residents of the said territory those
of their children born in the territory or in any ceded portion of
the North West outside the old boundaries of Manitoba between the
15th of July, 1870, and the end of the year 1885 are, if they have
not previously received scrip, to be recognized as entitled to
scrip, as they would have been recognized had their claims been
presented to the Commission appointed to dispose of such
claims;
- The certificates for scrip issued in favour of Half-breeds
under eighteen years of age shall be delivered to the father, if he
be alive, and if not to the mother or guardian.
The Minister further recommends that James Andrew Joseph
McKenna, of the City of Winnipeg, in the Province of Manitoba, be
appointed Commissioner, to make the proposed Treaty with the
Indians of the territory described herein, and to hear and
determine the claims of the Half-breeds therein and issue scrip as
aforesaid to those of them whom he may find to be entitled; Mr.
McKenna to be allowed in addition to his regular salary extra
remuneration at the rate of $5.00 per diem.
RATIFICATION OF TREATY No. 10
P.C. No. 2490
On a Memorandum dated 7th November, 1907, the Superintendent
General of Indian Affairs, submitting herewith for Your
Excellency's consideration Treaty No. 10 made in 1906 by the
Commissioner, James Andrew Joseph McKenna, Esquire, who was
appointed to negotiate the same with the Chipewyan, Cree and other
Indian inhabitants of the territory situated partly in the Province
of Saskatchewan and partly in the Province of Alberta and lying to
the east of Treaty No. 8 and to the north of Treaties Nos. 5 and 6
and the addition to Treaty No. 6 described in the said Treaty.
The Minister also submits adhesions to the said Treaty, taken by
Thomas Alexander Borthwick, Esquire, who was appointed a
Commissioner to take the same during the summer of 1907 from such
of the Indians of the Tribes above referred to as were not met with
by Commissioner McKenna.
The Minister recommends that the said Treaty, and the adhesions
thereto, be approved by Your Excellency in Council; the original
Treaty and adhesions to be returned to the Department of Indian
Affairs and the copy thereof to be Kept of record in the Privy
Council Office.
The Committee submit the same for approval accordingly.
REPORT OF FIRST COMMISSIONER FOR TREATY No.
10.
OTTAWA, January 18, 1907.
The Hon. Frank Oliver,
Superintendent General of
Indian Affairs,
Ottawa.
SIR, --- I have the honour to transmit herewith the treaty
which, under the commission issued to me July 20, 1906, I made with
the Chipewyan Indians of English River and Clear Lake and the Crees
of Canoe Lake, in the northern part of Saskatchewan.
The arrangements which I made for meeting the Indians, of which
they were advised, provided that the first meeting was to be at
Portage la Loche on September 3, but unfavourable weather and the
action of the Indians themselves made it impossible to carry out my
programme.
On reaching Isle à la Crosse on August 26, en route to Portage
la Loche, I found that all the Chipewyans from English River and
some ten families from Clear Lake were gathered there, waiting for
the commission, which was announced to be at that point on
September 13. These Indians urged strongly that they be treated
with at once, on the ground that they had been gathered there for
several days, that their supplies were getting low, that it was
necessary that they should return to their hunting grounds without
further delay, that they had come long distances, and that they
would have to travel far before reaching their winter quarters.
I decided to accede to their request, and met them on August 28,
1906.
It appeared for a time as if there would be some considerable
difficulty in effecting a settlement on the lines of the treaty,
for it was evident from the trend of the talk of the leaders among
the Indians that there had been at work an influence which tended
to make them regard the treaty as a means of enslaving them. I was
able to disabuse their minds of this absurd notion and to make it
clear that the government's object was simply to do for them what
had been done for neighbouring Indians when the progress of trade
or settlement began to interfere with the untrammelled exercise of
their aboriginal privileges as hunters.
By the end of the day, the treaty was signed and the annuity and
gratuity moneys paid.
The number of Indians paid at this point was:
| The number of Indians paid at this point was:- |
|
| 2 chiefs at $32.............................$ |
64 00 |
| 2 headmen at $22............................. |
44 00 |
| 195 other Indians at $12............................. |
2,340 00 |
| 199 $ |
2,448 00 |
The chief of the Clear Lake band, who was empowered to speak for
his people, requested that the remainder of the band be paid at
Buffalo Narrows, where they would gather to meet me on the return
journey from Portage la Loche.
After treating with these Indians, I left Isle à la Crosse on
August 30 for Portage la Loche, at which point I was due on
September 3; but for the reasons given above, I did not reach there
until the 5th.
The people at this point were all half-breeds and were dealt
with as such.
On the 8th of the same month, I left for la Loche mission,
across la Loche lake, a distance of nine miles, where more
half-breeds had to be met and dealt with. There were at this point
three aged Chipewyan women who desired to be attached to the Clear
Lake band, and I entered them as members and paid them treaty.
Having completed my work at la Loche mission on the 11th, I
started on my return journey to Isle à la Crosse, reaching Buffalo
Narrows on the evening of the 16th. The chief of the Clear Lake
band and those of his people who had not yet been paid treaty were
gathered here. I met them the following day; found them satisfied
with the action of their chief in becoming a party to the treaty,
and paid the gratuity and annuity.
The number of Indians paid at this point, including three
members of the band at Bull's House, was: --- 110 Indians at $12,
$1,320.
At the request of the chief, the appointment of headmen was
deferred until next treaty payments, as the Indians were not then
prepared to make their selections.
After completing the work at Buffalo Narrows, I pushed on to
Isle à la Crosse, a distance of fifty-five miles, arriving there
the same night. I met the Cree Indians of Canoe Lake the next day
and explained to them all the stipulations contained in the treaty.
I secured their adhesion on September l9.
The number of this band is eighty-two, consisting of one chief,
two headmen and seventy-nine other Indians; the amount paid was
$1,024.
The next point of destination was Stanley, where I was scheduled
to meet the Indians on October 8; but between my leaving and
returning to Isle à la Crosse a report came to the Hudson's Bay
Company to the effect that the streams were very shallow and that
travel would, therefore, be so very difficult and slow that in all
probability our party would be frozen in and would have to remain
at Stanley until dog trains could be procured. This report was
quite confirmed by the information which Messrs. Revillon Freres
had from that part of the country, and of which their manager,
Monsieur Benard, very kindly apprised me. From the report it also
appeared that, even if we made the trip, it would be impossible for
the Indians from the northeastern portion of the country to be
gathered there, and that there were at Stanley and in its immediate
vicinity only a few half-breed families who had had their claims
settled before they migrated to that region. I therefore decided to
cancel the appointment, and sent notice to that effect to the
people, assuring them at the same time that they would be visited
at a future date, of which they would be duly notified.
As the discussions which took place with the bands treated with
were much on the same lines, I shall confine myself to a general
statement of their import.
There was a marked absence of the old Indian style of oratory,
the Indians confining themselves to asking questions and making
brief arguments. They all demanded even more liberal terms than
were granted to Indians treated with in past years, the chief of
the English River band going so far as to claim payment of
'arrears' from the year when the first treaty was made; some
expected to be entirely fed by the government, after the making of
the treaty; all asked for assistance in seasons of distress; and it
was strongly urged that the old and indigent who were no longer
able to hunt and trap and were consequently often in destitute
circumstances, should be cared for by the government.
There was a general expression of fear that the making of the
treaty would be followed by the curtailment of their hunting and
fishing privileges, and the necessity of not allowing the lakes and
the rivers to be monopolized or depleted by commercial fishing was
emphasized.
There was evidenced a marked desire to secure educational
privileges for their children. In this connection and speaking for
the Indians generally, the chief of the English River band insisted
that in the carrying out of the government's Indian educational
policy among them there should be no interference with the system
of religious schools now conducted by the mission, but that public
aid should be given for improvement and extension along the lines
already followed.
The chief of the Canoe Lake band stated that there were about
twenty-five children of school age in his band, and asked that a
day school be established at Canoe Lake for their benefit and that
it be put under the management of a woman teacher.
There was also a demand made for a few head of cattle to be
given to those of the Indians who wished to go into the industry of
stock-raising.
The Indians all agreed to have one place of payment in the
future; but made it a condition that the payments should be held
about the middle of June of each year, as that is the only time at
which the gathering for annuity payments would not interfere with
their avocations to an extent that the payment would be no adequate
compensation for. They selected Isle à la Crosse as the place of
payment.
They further requested that medicines be furnished, and made an
earnest appeal for the appointment of a resident medical man.
In my reply I convinced them that such a claim as they put
forward for what they called 'arrears' had never before been heard
of, and that I could not for a moment recognize any obligation on
the government's part except such as would be put upon it in virtue
of the execution of the treaty. I pointed out to them that the
government could not undertake to maintain Indians in idleness;
that the same means of earning a livelihood would continue after
the treaty was made as existed before it; and that Indians would be
expected to make as good use of them in the future as in the past.
I stated that the government was always ready to assist Indians in
actual destitution; that in times of distress they would, without
any special stipulation in the treaty, receive such assistance as
it was usual to give in order to prevent starvation among them, and
that the attention of the government would be called to the
necessity of some special provision being made for assisting the
old and indigent who were unable to work and dependent on charity
for subsistence.
I guaranteed that the treaty would not lead to any forced
interference with their mode of life. I explained to them that,
whether treaty was made or not, they were subject to the law, bound
to obey it and liable to punishment for any infringement thereof;
that it was designed for the protection of all and must be
respected by all the inhabitants of the country, irrespective of
colour or origin; and that, in requiring them to abide by it, they
were only being required to do the duty imposed upon all the people
throughout the Dominion of Canada. I dwelt upon the importance, in
their own interest, of the observance of the laws respecting the
protection of fish and game.
As to education, the Indians were assured that there was no need
for special stipulation over and above the general provision in the
treaty, as it was the policy of the government to provide in every
part of the country as far as circumstances would permit, for the
education of the Indian children, and that the law provided for
schools for Indians maintained and assisted by the government being
conducted as to religious auspices in accordance with the wishes of
the Indians.
It was explained that the assistance in farming and ranching
mentioned in the treaty, is only to be given when the Indians are
actually prepared to go into those industries. It is not likely
that for many years to come, there will be a call for any but a
small expenditure under these heads. It is not probable that the
Indians will, while present conditions continue, engage in farming
further than the raising of roots in a small way. As to cattle, I
stated that the agent who will be sent to make the next treaty
payments, would be asked to discuss the matter with them, but that
those only who are considered able and willing to take good care of
cattle would receive assistance in that form.
I promised that medicines would be placed at different points in
the charge of persons to be selected by the government, and would
be distributed to those of the Indians who might require them. I
showed them that it would be practically impossible for the
government to arrange for a resident doctor owing to the Indians
being so widely scattered over such an extensive territory; but I
assured them that the government would always be ready to avail
itself of any opportunity of affording medical service just as it
provided that the physician attached to the commission should give
free attendance to all Indians whom he might find in need of
treatment.
In the main, the demand will be for ammunition and twine, as the
great majority of the Indians will continue to hunt and fish for a
livelihood. It does not appear likely that the conditions of that
part of Saskatchewan covered by the treaty will be for many years
so changed as to affect hunting and trapping, and it is expected,
therefore, that the great majority of the Indians will continue in
these pursuits as a means of subsistence.
The Indians were given the option of taking reserves or land in
severalty, when they felt the need of having land set apart for
them. I made it clear that the government had no desire to
interfere with their mode of life or to restrict them to reserves
and that it undertook to have land in the proportions stated in the
treaty set apart for them, when conditions interfered with their
mode of living and it became necessary to secure them possession of
land.
The Indians dealt with are in character, habit, manner of dress
and mode of living similar to the Chipewyans and Crees of the
Athabaska country. It is difficult to draw a line of demarcation
between those who classed themselves as Indians and those who
elected to be treated with as half-breeds. Both dress alike and
follow the same mode of life. It struck me that the one group was,
on the whole, as well able to provide for self-support as the
other.
After leaving Green Lake, our route was by rivers and lakes and
afforded not much opportunity for forming an opinion of the country
ceded and of its resources. From our point of view, the country
appeared flat. There were extensive stretches of hay-lands along
the rivers and wooded heights about the lakes. The waters abound in
fish, which form the chief article of food.
The Isle à la Crosse mission was founded about sixty-two years
ago by Father Lafleche, who afterwards was a prominent figure in
the Quebec hierarchy, and Brother Taché, who afterwards filled the
See of St. Boniface. The church built by them was destroyed by fire
and has been replaced by another. The building next in importance
is the school conducted by the sisters. It shows marked evidence of
age externally, but is cosy within, and the children whom I had the
pleasure of meeting there, evidenced the kindly care and careful
training of the devoted women who have gone out from the comforts
of civilization to work for the betterment of the natives of the
north. The priest's house is a small one. Its only door opens into
a large room which occupies the greater part of the building and
which is the common gathering place of the Indians and half-breeds,
who sit and smoke with an ease that seemed born of long habit of
free intercourse with those who have undertaken the cure of their
souls.
The mission is about opposite the company's post. It is close to
the shore. The site is rather flat and for miles on three sides
stretches a bald prairie, though we were told that the mission when
founded was on the fringe of the forest. Whatever it may have been,
it is no longer a desirable situation for a boarding school, and a
new one has been erected at Rivière la Plonge, some thirty miles
south of the mission. The building is one hundred feet by sixty-two
feet, and is two and a half storeys high. It was finished when I
visited it. The site is a delightful one on a rising ground from
the river, which here breaks into a cataract that the Oblate
brothers have harnessed for power purposes. They cut the logs, and,
with the harnessed river, sawed them into lumber, with which they
built the school, a splendid monument to their mechanical skill,
industry and devotion. When I was leaving Isle à la Crosse, the
moving of the children from the old to the new institution had
begun.
Our trip was rather a difficult one. Our transport had to be
organized on short notice. The water in the rivers was pretty low,
and we encountered storms on the lakes; but there was no ground for
the report of shipwreck and loss which unfortunately obtained
currency.
I had the pleasure of the company, on most of the inward trip,
of His Lordship Bishop Pascal; and I desire to repeat here the
acknowledgment I made and the gratitude I expressed to his lordship
personally for the assistance of his influence on my first meeting
the natives of the country, which is filled with reverence for his
name because of his devoted labours.
I desire to express, also, my appreciation of the help ever
readily rendered by Major Begin, of the Royal Northwest Mounted
Police, who was in command of the escort; by Dr. J. J. A.
Lebrecque, the medical officer; by Mr. Charles Fisher, of Duck
Lake, and Mr. Charles Mair, of Ottawa, secretaries to the
commission, by the Hudson's Bay Company's chief factor, and by Mr.
Angus McKay, the officer of the company who was especially charged
with the carrying out of the transportation contract. To the men of
the country on whose labour we had so much to depend I acknowledge
my obligation. They worked long hours at paddling and rowing and
poling, and endured great hardships in tracking and walking our
canoes and flat boats over the rapids and shoals, so that I might
keep my appointments. Camp was made late and broken early. Yet
there was never a complaint, but always a zestful interest and
cheerfulness as pleasant as the campfires that brightened the
night.
A detailed statement of the Indians treated with and of the
money paid is appended.
Commissioner.
STATEMENT of Indians paid annuity and gratuity moneys in Treaty No. 10 during 1906.
| Name of Band. |
Chiefs. |
Headmen. |
Other Indians |
Cash paid each Band. |
Total Cash paid |
| English River Band (Chipewyans)- |
|
|
|
$ cts. |
$ cts. |
| Chiefs at $32................ |
1 |
.......... |
.......... |
32 00 |
|
| Headmen at $22................ |
.......... |
2 |
.......... |
44 00 |
|
| Other Indians at $12................ |
.......... |
.......... |
150 |
1,800 00 |
1,876 00 |
| Clear Lake Band (Chipewyans)- |
|
|
|
|
|
| Chiefs at $32................ |
1 |
.......... |
.......... |
32 00 |
|
| (No headmen appointed)................ |
.......... |
.......... |
.......... |
.......... |
|
| Other Indians at $12................ |
.......... |
.......... |
158 |
1,896 00 |
1,928 00 |
| Canoe Lake Band (Crees)- |
|
|
|
|
|
| Headmen at $22................ |
.......... |
2 |
.......... |
44 00 |
|
| Other Indians at $12................ |
.......... |
.......... |
79 |
948 00 |
1,024 00 |
| Total................... |
3 |
4 |
387 |
.......... |
4,828 00 |
| SUMMARY. |
|
| 3 chiefs at $32.................................$ |
96 00 |
| 4 headman at $22................................. |
88 00 |
| 387 other Indians at $12................................. |
4,644 00 |
| 394 $ |
4,828 00 |
TREATY No. 10
Articles of a treaty made and concluded at the several dates
mentioned therein, in the year of our Lord one thousand nine
hundred and six between His Most Gracious Majesty the King of Great
Britain and Ireland by His commissioner, James Andrew Joseph
McKenna, of the city of Winnipeg, in the province of Manitoba,
Esquire, of the one part, and the Chipewyan, Cree and Other Indian
inhabitants of the territory within the limits hereinafter defined
and described by their chiefs and headmen hereunto subscribed of
the other part.
Whereas the Indians inhabiting the territory hereinafter defined
have, pursuant to notice given by His Majesty's said commissioner
in the year 1906, been convened to meet His Majesty's said
commissioner representing His Majesty's government of the Dominion
of Canada at certain places in the said territory in this present
year 1906 to deliberate upon certain matters of interest to His
Most Gracious Majesty on the one part and the said Indians of the
other.
And whereas the said Indians have been notified and informed by
His Majesty's said commissioner that it is His Majesty's desire to
open for settlement, immigration, trade, travel, mining, lumbering
and such other purposes as to His Majesty may seem meet, a tract of
country bounded and described as hereinafter mentioned and to
obtain the consent thereto of his Indian subjects inhabiting the
said tract and to make a treaty and arrange with them sot that
there may be peace and good will between them and His Majesty's
other subjects, and that His Indian people may know and be assured
of what allowances they are to count upon and receive from His
Majesty's bounty and benevolence.
And whereas the Indians of the said tract, duly convened in
council at the respective points named hereunder and being
requested by His 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 His Majesty for the faithful performance by
their respective bands of such obligations as shall be assumed by
them, the said Indians have therefore acknowledged for that purpose
the several chiefs and headmen who have subscribed hereto.
And whereas the said commissioner has proceeded to negotiate a
treaty with the Chipewyan, Cree and other Indians inhabiting the
said territory hereinafter defined and described and the same has
been agreed upon and concluded by the respective bands at the dates
mentioned hereunder;
Now therefore the said Indians do hereby cede, release,
surrender and yield up to the government of the Dominion of Canada
for His Majesty the King and His successors for ever all their
rights, titles and privileges whatsoever to the lands included
within the following limits, that is to say:
All that territory situated partly in the province of
Saskatchewan and partly in the province of Alberta, and lying to
the east of Treaty Eight and to the north of Treaties Five, Six and
the addition to Treaty Six, containing approximately an area of
eighty-five thousand eight hundred (85,800) square miles and which
may be described as follows:
Commencing at the point where the northern boundary of Treaty
Five intersects the eastern boundary of the province of
Saskatchewan; thence northerly along the said eastern boundary four
hundred and ten miles, more or less, to the sixtieth parallel of
latitude and northern boundary of the said province of
Saskatchewan; thence west along the said parallel one hundred and
thirty miles, more or less, to the eastern boundary of Treaty
Eight; thence southerly and westerly following the said eastern
boundary of Treaty Eight to its intersection with the northern
boundary of Treaty Six; thence easterly along the said northern
boundary of Treaty Six to its intersection with the western
boundary of the addition to Treaty Six; thence northerly along the
said western boundary to the northern boundary of the said
addition; thence easterly along the said northern boundary to the
eastern boundary of the said addition; thence southerly along the
said eastern boundary to its intersection with the northern
boundary of Treaty Six; thence easterly along the said northern
boundary and the northern boundary of Treaty Five to the point of
commencement.
And also all their rights, titles and privileges whatsoever as
Indians to all and any other lands wherever situated in the
provinces of Saskatchewan and Alberta and the Northwest Territories
or any other portion of the Dominion of Canada.
To have and to hold the same to His Majesty the King and His
successors for ever.
And His Majesty the King hereby agrees with the said Indians
that they shall have the right to pursue their usual vocations of
hunting, trapping and fishing throughout the territory 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 His Majesty and saving and excepting such tracts
as may be required or as may be taken up from time to time for
settlement, mining, lumbering, trading or other purposes.
And His Majesty the King hereby agrees and undertakes to set
aside reserves of land for such bands as desire the same, such
reserves not to exceed in all one square mile for each family of
five for such number of families as may elect to reside upon
reserves or in that proportion for larger or smaller families; and
for such Indian families or individual Indians as prefer to live
apart from band reserves His Majesty undertakes to provide land in
severalty to the extent of one hundred and sixty (160) acres for
each Indian, the land not to be alienable by the Indian for whom it
is set aside in severalty without the consent of the Governor
General in Council of Canada, the selection of such reserves and
land in severalty to be made in the manner following, namely, the
Superintendent General of Indian Affairs shall depute and send a
suitable person to determine and set apart such reserves and lands,
after consulting with the Indians concerned as to the locality
which may be found suitable and open for selection.
Provided, however, that His Majesty reserves the right to deal
with any settlers within the bounds of any lands reserved for any
band or bands as He may see fit; and also that the aforesaid
reserves of land, or any interest therein, may be sold or otherwise
disposed of by His Majesty's government of Canada for the use and
benefit of the Indians entitled thereto, with their consent first
had and obtained.
It is further agreed between His Majesty and His said Indian
subjects that such portions of the reserves and lands above
mentioned as may at any time be required for public works,
buildings, railways or roads of whatsoever nature may be
appropriated for such purposes by His Majesty's government of
Canada due compensation being made to the Indians for the value of
any improvements thereon, and an equivalent in land, money or other
consideration for the area so appropriated.
And with a view to showing the satisfaction of His Majesty with
the behaviour and good conduct of His Indians and in extinguishment
of all their past claims, He hereby through His commissioner agrees
to make each chief a present of thirty-two (32) dollars in cash, to
each headman twenty-two (22) dollars and to every other Indian of
whatever age of the families represented at the time and place of
payment twelve (12) dollars.
His Majesty also agrees that next year and annually thereafter
for ever He will cause to be paid to the Indians in cash, at
suitable places and dates of which the said Indians shall be duly
notified, to each chief twenty-five (25) dollars, each headman
fifteen (15) dollars and to every other Indian of whatever age five
(5) dollars.
Further His Majesty agrees that each chief, after signing the
treaty, shall receive a silver medal and a suitable flag, and next
year and every third year thereafter each chief shall receive a
suitable suit of clothing, and that after signing the treaty each
headman shall receive a bronze medal and next year and every third
year thereafter a suitable suit of clothing.
Further His Majesty agrees to make such provision as may from
time to time be deemed advisable for the education of the Indian
children.
Further His Majesty agrees to furnish such assistance as may be
found necessary or advisable to aid and assist the Indians in
agriculture or stock-raising or other work and to make such a
distribution of twine and ammunition to them annually as is usually
made to Indians similarly situated.
And the undersigned Chipewyan, Cree and other Indian chiefs and
headmen on their own behalf and on behalf of all the Indians whom
they represent do hereby solemnly promise and engage to strictly
observe this treaty in all and every respect and to behave and
conduct themselves as good and loyal subjects of His Majesty the
King.
They promise and engage that they will in all respects obey and
abide by the law; that they will maintain peace between each other
and between their tribes and other tribes of Indians and between
themselves and other of His Majesty's subjects whether whites,
Indians, half-breeds or others now inhabiting or who may hereafter
inhabit any part of the territory hereby ceded and herein
described, and that they will not molest the person or trespass
upon the property or interfere with the rights of any inhabitant of
such ceded tract or of any other district or country 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
His Majesty in bringing to justice and punishment any Indian
offending against the stipulations of this treaty or infringing the
law in force in the country so ceded.
In witness whereof His Majesty's said commissioner and the
chiefs and headmen have hereunto set their hands at Isle à la
Crosse this twenty-eighth day of August in the year herein first
above written.
Signed by the parties hereto in the presence of the undersigned witnesses the
same having first been explained to the
Indians by Magloire Maurice, Interpreter.
WILLIAM APISIS, his x mark
Chief of the English River Band.
JOSEPH GUN, his x mark
Headman.
JEAN BAPTISTE ESTRAL-SHENEN, his x mark
Headman.
RAPHAEL BEDSHI-DEKKGE, his x mark
Chief of Clear Lake Band.
Signed by the Chief and Headman of the Canoe Lake band, this 19th day of
September, A.D. 1906. The treaty
having been read over and explained by Archie Park, interpreter, in the
presence of the undersigned witnesses.
J.V. BÉGIN,
Supt., R.N.W.M.P.,
L. COCHIN, ptre, O.M.I.
J.E. TESTON, ptre, O.M.I.
F.E. SHERWOOD,
Const., R.N.W.M. Police,
ARCHIE PARK, Interpreter, his x mark
CHARLES MAIR.
JOHN IRON, his x mark
Chief of Canoe Lake Band.
BAPTISTE IRON, his x mark
Headman, Canoe Lake Band.
JÉROME COUILLONEUR, his x mark
Headman, Canoe Lake Band.
Articles of a treaty made and concluded at the several dates
mentioned therein, in the year of our Lord one thousand nine
hundred and seven, between His Most Gracious Majesty the King of
Great Britain and Ireland by His Commissioner Thomas Alexander
Borthwick, of Mistawasis, in the province of Saskatchewan, Esquire,
of the one part, and the Chipewyan, Cree and other Indian
inhabitants of the territory within the limits hereinafter defined
and described by their chiefs and headmen hereunto subscribed of
the other part.
In witness whereof His Majesty's said commissioner and the
chiefs and headmen have hereunto set their hands at Lac du Brochet
this 19th day of August, in the year first above written.
Signed by the parties hereto in the presence of the undersigned witnesses the
same having first been explained to the
Indians by A. Turquetil.
In witness whereof His Majesty's said commissioner and the
chiefs and headmen have hereunto set their hands at Lac du Brochet
this 22nd day of August in the year first above written.
Signed by the parties hereto in the presence of the undersigned witnesses the
same having first been explained to the
Indians by E.S. Turquetil, interpreter.
PIERRE AZE, his x mark
Headman of Hatchet Lake Band.
REPORT OF SECOND COMMISSION FOR TREATY NO.
10
Mistawasis, Carlton Agency, October 14, 1907.
Frank Pedley, Esq.
Deputy Supt. General of Indian
Affairs,
Ottawa.
SIR, --- I have the honour to submit my report upon the payments
of their annuities to those of the Indians of Treaty No. 10 who
were treated with last year, and also transmit herewith the treaty,
which, under the authority that devolved upon me by the commission
issued to me on the 6th day of April, 1907, I concluded with the
Chipewyan Indians living in the region of Lac du Brochet and Lac la
Hache, and in the part of the district of Keewatin adjoining the
northeast corner of the province of Saskatchewan.
With the view of keeping appointments for the payments of their
annuities to the Indians who were treated with last year at Isle à
la Crosse, I proceeded from here on June 11, and after travelling
over some very bad road, I arrived at Green Lake on the afternoon
of the 15th, and got to Isle à la Crosse at noon of Saturday, June
22, one day behind the date that was fixed for my arrival there.
Very unfavourable weather was the cause of delay. Only the Canoe
Lake band of Indians had so far assembled there to meet me; and I
at once had an interview with the chief and headmen of that band,
and it being Saturday, they asked that the paying of their
annuities be postponed until Monday, the 24th. To that request I
conceded, and accordingly they were paid on that and the following
day. The Indians of English River and Clear Lake bands not having
then arrived, I began taking evidence in connection with claims for
scrip preferred by a number of half-breeds from Souris River who
did not have a chance of meeting the commissioner of last year at
Isle à la Crosse. The evidence adduced by these applicants for
scrip was continued up to the 29th, when the English River and
Clear Lake bands having fully arrived, were paid their annuities.
The 1st of July, being Dominion Day, was, at the request of the
half-breeds and Indians, observed as a holiday, and they celebrated
it with great enthusiasm; the members of the commission and other
gentlemen present heartily joining them and making their sports
pecuniarily interesting for them.
Further dealings with the Indians and half-breeds occupied the
time of the commission up to July 3, when, upon being informed that
a considerable number of half-breeds and Indians were assembled at
the Roman Catholic mission near Portage la Loche and expecting me
there, I proceeded to that place, and after a very trying trip with
rains and stormy weather, I reached there late on the evening of
July 9, and owing to the number of half-breeds who had to be dealt
with here, and the very inclement weather prevailing, it took up to
the 14th to get through with the work. In addition to the
half-breeds assembled here, I found a number of families of Indians
from Whitefish Lake, who asked very earnestly that I should pay
them their annuities. I explained to them that I could not do that,
as it was inconsistent with the rules of the department to pay
Indians of a certain treaty by the agent of another treaty. They
pointed out that it was a great hardship for them to be compelled
to travel over a hundred miles through a difficult section of the
country going to Fort McMurray, which took them five or six days to
get there and the same number of days returning to their homes.
Before leaving the mission, they handed me a petition praying that
they be paid next year at Buffalo River on Buffalo Lake, to which
point they can come in less than two days from Whitefish Lake.
On Monday morning, July 15, I left the mission on the return
trip to Isle à la Crosse, and after an unusually favourable trip I
arrived there on the 17th. Here I was detained for five days to
procure tripmen to go on to Stanley, for which place I started on
the morning of July 23 and arrived there on the evening of August
1. Here I met some fifty heads of families of the Lac la Ronge
Indians, headed by their chief, Amos Charles, and two of their
headmen, who asked that they be paid their annuities there, as many
of them spent the summer and autumn on the Churchill river, and in
compliance with their request they were paid on the 2nd and 3rd;
the 5th and 6th were occupied taking evidence of applicants for
scrip and procuring tripmen for the Lac du Brochet trip. On the
morning of August 7 I left Stanley for the Hudson's Bay Company's
post on the north end of Lac du Brochet, and after a successful
trip reached that place on the 17th idem.
Owing to the amount of work which devolved upon the commission
that was not anticipated, it was made impossible for me to reach
this place, which was the stated point of rendezvous with the
Indians, on the date that they were notified I was to be there to
meet them; and consequently they were detained for ten days
awaiting my arrival, and which led to their running out of
provisions, they being all assembled with their families, and
finding that they were reduced to such a state, I felt that it was
proper for me to relieve their immediate necessities, and
accordingly I supplied them with a limited quantity of provisions,
for which they appeared to feel very thankful. I consider it proper
that I should mention here that considerable help was afforded
these Indians whilst waiting my arrival by Mr. A. McDermot, the
Hudson's Bay Company's agent at this place, by giving them some
light work to do and paying them for it in provisions, and likewise
by the agent of the Revillon Bros.
On the morning of August 19 I held council with the combined
Indians of the Barren Land and the Indians of Lac la Hache, the
Rev. Father Turquetil acting as interpreter, which he did on all
subsequent occasions during my transactions with the Indians here,
the Chipewyan language being spoken. I explained to them why I was
sent to meet them, and after various thoughtful questions put by
the Indians bearing upon the treaty and answered by me to their
satisfaction, they asked for a short recess to discuss the terms of
the treaty more fully among themselves; which was granted them. At
2 p.m. they reassembled and the Barren Land band announced that
they had elected their chief and two headmen, and were prepared to
accept the terms of the treaty. The Lac la Hache band intimated
that some of their people were away, but would be back in a day or
so, and that they would like to have their concurrence in the
matter of selecting their chief and councillors; I consented to
their waiting a day or so, if necessary, in order to obtain the
full consent of their band to their transactions. The chief and
headmen of the Barren Land band then formally signed the treaty,
and without further undue delay the payments of their gratuities
and annuities were begun to them, and were got through with at noon
on the 21st. The number of Indians treated with in this band was
232, including:
| 1 chief.........................$ |
32 00 |
| 2 headmen at $22......................... |
44 00 |
| 229 other Indians at $12......................... |
2,748 00 |
|
$ 2,824 00 |
The Lac la Hache band assembled on the 22nd, and after the terms
of the treaty were read over to them for the second time and
thoroughly explained in their own language, they presented their
elected chief and two headmen, who then in due form signed the
treaty, and the members of the band were paid in accordance with
the terms of the treaty. The number of Indians paid in this band
was 97, including:
| 1 chief.........................$ |
32 00 |
| 2 headmen at $22......................... |
44 00 |
| 94 other Indians at $22......................... |
1,128 00 |
|
$ 1,204 00 |
This practically finished the Indian work at this point, and
after a number of half-breed s'applications for scrip were
received, I left this place on August 24 for Lac la Ronge, via
Stanley, and on September 3, after a very unusually expeditious
trip, I arrived at the paying ground at Lac la Ronge; and on the
4th and 5th paid the rest of the James Roberts band some 60 odd
heads of families who were not paid at Stanley.
After taking the evidence of a number of half-breed applicants
for scrip at this place, and holding council meetings with the
Indians in connection with the surrender of their reserve, No.
106A, &c., I left on the 11th for Montreal Lake, and arrived
there on the 16th, and the following day paid their annuities to
the Indians of this place, the William Charles' band.
On the 18th I held meetings with the chief and headmen of the
James Roberts' band, who accompanied me to this place, and with
that of the Wm. Charles' band combined, bearing upon the surrender
of their reserve, No. 106A, when after due deliberation, they
unanimously agreed to relinquish the reserve to the government upon
the terms set forth in an agreement signed by them on the 18th day
of September, 1907; which agreement was transmitted to the Deputy
Minister of Indian Affairs on the 8th instant.
On the afternoon of the 18th of September, the commission party
left Montreal lake with canoes for the landing on Red Deer lake,
where they arrived on the 21st, after being detained one day en
route with stress of weather. At the landing teams were taken to
this place (Mistawasis) where we arrived on the evening of
September 24, ultimo; this completing an arduous trip of over 2,000
miles by water, in canoes, and 300 miles by land, which I have
pleasure to say was performed successfully and without
accident.
Concerning my staff, I am pleased to state that I was
excellently equipped, and that, in general, a fine spirit existed
amongst its members; of some of them I cannot speak too highly. Dr.
H. A. Stewart proved himself ideally fitted for his post. Full of
the kindest sympathy for the sick, he was untiring in his labours
on their behalf; a skilful physician, he was most successful in his
efforts to relieve their suffering, and won golden opinions from
all who required his services. W. J. McLean, the senior secretary,
displayed special ability in the performance of the onerous duties
of his position, his previous experience in treaty payments
standing him in good stead; while his knowledge of the French
language, his long residence as a chief factor of the Hudson's Bay
Company, in the part of the country traversed, and his personal
acquaintance with many of the applicants, materially contributed to
the success of my commission.
Of the rest it would be invidious to make personal mention,
suffice to say that each performed his duties with energy and
intelligence, sacrificing rest and comfort, and facing danger in
the effort to cover distances with the least possible loss of
time.
I have the honour to be, sir
Your obedient servant,
BORTHWICK,
Commissioner, Treaty No. 10.
Fisher,
Charles
Wellington
