페이지 이미지

Dominion of Canada, Province of Ontario, County of Ontario.

To Wit : Personally appeared before me William Plummer, of the city of Toronto, in the said Province, Visiting Superintendent of Indian Affairs, and Joseph Benson Xaningeshkung, of the Township of Rama, in the County and Province aforesaid, the Chief of the Rama Band of Indians, who being duly sworn, severally depose and say,

1st. The Said William Plummer for himself saith that the annexed Release or Surrender was assented to by the said Joseph Benson Naningeshkung, he being the only Chief of the said Tribe or body of Indians, assembled at a meeting or council of the Tribe summoned for that purpose.

2nd. That the meeting or council was held in his presence ; and he heard such assent given.

3rd. That he was duly authorized to attend such council by the Minister of the Interior.

And the said Joseph Benson Naningeshkung for himself saith :

1st. That he is a Chief and the only Chief of the Rama Band of Indians, and was entitled to vote at the Council or meeting above mentioned.

2nd. That the annexed release or surrender has been assented to by him.

3rd. That such assent was given at a meeting or council summoned for that purpose, at which he was present, and also the other deponent, William Plummer.


Sworn before me by the said deponents,

William Plummer and Joseph Benson
Naningeshkung, this 27th day of Au-
gust, 1873.

Senior Judge, Co. Simcoe.
Recorded 1st October, 1875.
Liber S, Folio 234.

Deputy Registrar-General of Canada.

No. 148.

To His Excellency Lieutenant-General Sir John Colborne, G.C.B., G.C.H., Governor

General, &c., &c., &c.

Report of a Committee of the Executive Council. Present : the Honorable Mr. Stewart in the Chair ; Vr. Cochran, Mr. Sheppard and Mr. Daly; on Your Excellency's reference of the Petition from Mr. McNab and Mr. C. D. Morson relative to Kettle Island, leased by them from the Indians.



The Committee, having taken into consideration the petition of Mr. McNab and Mr. C. D. Morson, they are humbly of opinion that the lease for Ninety-nine years of Kettle Island, granted in the yar 1818 by certain Indian Chiefs to one Eleazar Gillson, and latterly acquired by the petitioners, is null and void, inasmuch as the Indians have no right to grant Leases or dispose of the Lands situated within their ancient hunting grounds.

In support of the claim of the petitioners they state that Lord Dalhousie, then Governor-in-Chief, in declaring that “ the Indian leases are good for nothing” had added that Mr. Gillson will not be disturbed in his hold of them; but the Committee do not think that this promise can be construed to permit Mr. Gillson to dispose of a lease which was stated to be good for nothing.

The Committee would, nevertheless, under the circumstances of the case, recommend the petitioners to the favourable consideration of Your Excellency, and that some compensation may be made to them from the rent which may hereafter be raceived for Kettle Island, or from such other funds arising from Indian leases on the Ottawa as may be at the disposal of Your Excellency.

The Committee, however, are likewise of opinion that the leases lately given of this island by an Officer of the Indian Department to certain occupants is equally irregular and invalid, and that the island should be considered and treated as a part of the waste lands of the Crown, and all intruders ousted who have not a title from the Crown.

In considering the foregoing petition, together with the reports thereon of the Indian Department, the Committee have been led to have reference to an approval Report of Council, dated 13th June, 1837, which enters at great length into the management, affairs and territorial claims of the Indian tribes resident in Lower Canada, and from which the following extract is submitted for Your Excellency's information :-

“ The Iroquois, Algonquins and the Nipissingues, collected under the spiritual care of the priests of the Seminary of Montreal at the Lake of the Two Mountains, and forming altogether a population of 864 souls, have no land in their actual possession, except about 260 acres of sterile soil, which they occupy by permission of the Seminary, the possessors of the seigniory.

“The circumstances of these tribes appear to the Committee to demand the peculiar attention of Government, having done good service in the field in aid of His Majesty's arms, both during the former and the late war with the United States; they are now among the most helpless and destitute of the Indians of Lower Canada. They have laid before Your Excellency a claim to be maintained in the enjoyment of the residue of their hunting grounds on the Ottawa River, not as yet comprised in settlements and townships, and to be compensated for that part which has been taken from them for those purposes by the Crown.

“ The claim of these Indians (the Iroquois, Algonquins and Nipissingues of the Lake of the Two Mountains) comprises a tract of country on each side of the Ottawa River, reaching from the seigniorial grant for some hundred of miles upwards; and they ask that besides compensation for that portion of this territory which the Crown has granted away or the white population has occupied they may be protected in the enjoyment of the remainder against further encroachment or grant.

“ There appears no reason to doubt that under the French Government, the hunting grounds of these nations may have covered the whole extent which they row describe, and that their right so to use it was as little disputed and as well defined as any of the territorial rights of the other Indian tribes. These petitioners now appeal to the terms of the Royal Proclamation of 1763, and it appears to the committee that as that Act of State has been considered sufficient to guarantee to the Iroquois of St. Regis the possession of their present reservation, to which it is stated that they had no other right than as part of their ancient hunting ground, the Algonquins and Nipissingue tribes may have some grounds to complain if they are deprived of the benefit of the same protection for their claims. They have brought forward their pretensions on various occasions, and it is to be inferred from some of the documents which they produce in support of their application that their right to compensation was at least in one instance distinctly admitted by Lord Dorchester.

“ The Committee, however, conceive that the claims of these, and indeed of all the Indian tribes, in respect of their former territorial possessions, are at the present day to be resolved into an equitable right to be compensated for the loss of the lands

from which in former times they derived their subsistence, and which may have been taken by Government for purposes of settlement, and that the measure of such como pensation should be to place and maintain them in a condition of at least equal advantage with that which they would have enjoyed in their former state. Viewing in this manner the claim now made by the tribes in question, the Committee recommend that a sufficient tract of land should be set part in the rear of the present range of townships on the Ottawa River, and that such of them as may from time to time be disposed to settle on land should be located there, and that both they and the rest of these tribes should continue to receive such support, encouragement and assistance as may supply the place of their former means of subsistence, and at the same time prepare and lead them to a state of independence of further aid.

“ The Committee assumes that the Indians must continue to be as they have bitherto been; for whether under French or English dominion, they have been taught exclusively to look for paternal protection in compensation for the Rights and Independence which they have lost. til circumstances render it expedient that they should be turned over to the Provincial Legislature and receive legislative provision and care, the Committee conceive that all arrangements with respect to them must be made under the immediate directions of Her Majesty's Government, and carried into effect under the supervision of officers appointed by it."

As the recommendations of this report tended not only to exclude the Indians from any participation in the management of their affairs, but negatived their right of property at the present day in the lands which they once held as hunting grounds, the Committee respectfully suggest that the officers of the Indian Department be instructed to act in accordance with the tenor of the aforesaid report, it appearing to have been overlooked in recent orders given by Colonel Hughes, for leasing the islands in the Ottawa River, and of which the secretary, Colonel Napier, had no knowledge. All of which is respectfully submitted to Your Excellency's wisdom.

By order,


Chairman. Council CHAMBERS, 17th June, 1839.

No. 149 A. ARTICLES OF A TREATY made and concluded at Beren's River the 20th day of Sep

tember, 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 und 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: Nahwee-kee-sick-quah-yash, Chief ; Kah-nah-wah-kee-wee-nin and Nah-kee-quan-nayyash, Councillors, and Pee-wah-roo-wee-nin, of Poplar River, Councillor; 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; thence 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 Riverz; 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 ; thence 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 cf the said lake and river, and free access to the shores and waters thereof, for Her Majesty and all Her subjects, and excepting thereout such land as may have been granted to or stipulated to be held by the “Hudson's 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 cther 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 þand 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 improveMients, 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 therefor :

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 bere 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 in

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