The Treaties of Canada with the Indians of Manitoba and the North-West Territories Part 42

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, t.i.tle and privileges whatsoever, which we have or enjoy in the territory described in the said treaty, and every part thereof, to have and, to bold to the use of Her Majesty the Queen, and her heirs and successors forever.

And Her Majesty agrees, through the said Commissioners, to a.s.sign 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 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 a.s.sist them in removing their houses to the said reserve, or building others. 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 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.

(Signed) ALEXANDER MORRIS, [L.S.]

Lieut.-Governor.

JAMES McKAY. [L.S.]

PETER BEARDY, His x mark.

Chief.

JOSEPH ATKINSON, " x "

ROBERT SANDERSON, " x "

Councillors.

Signed by the parties in the presence of the undersigned witnesses, the same having been first explained to the Indians by the Honorable James McKay:

(Signed) THOMAS HOWARD.

RODERICK ROSS.

E. C. MORRIS.

A. G. JACKES, M.D.

ALEXANDER MATHESON.

JOSEPH HOUSTON.

CHRISTINE V. K. MORRIS.

Memorandum.

The Queen's Indian Commissioners having met Thickfoot and a portion of the Islands band of Indians at Wapang or Dog Head Island, on the twenty-eighth day of September A.D. 1875, request him to notify the Island Indians and those of Jack Head Point, to meet at Wapang an Indian agent next summer, to receive payments under the treaty, which they have made with the Indians of Norway House, Berens 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 Wapang, this 28th day of September, A.D. 1875, under our hands.

ALEXANDER MORRIS, Lieut.-Governor.

JAMES McKAY.

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 princ.i.p.al Indian, and agree to notify the Indians as above written.

Wapang, September 28th, 1875.

(Signed) THICKFOOT. His x mark.

Witness: (Signed) THOMAS HOWARD.

RODERICK ROSS.

Note--In 1876 Messrs. Howard and Reid obtained the adhesions to the Winnipeg Treaty of the Indians of the Dog Head, Bloodvein River, Big Island, and Jack Fish Head bands on Lake Winnipeg, and of the Island and Grand Rapids of the Berens River band, and of the Pas, c.u.mberland and Moose Lake bands on the Saskatchewan River, as will be found stated in Chapter VIII.

THE TREATIES AT FORTS CARLTON AND PITT, NUMBER SIX

Articles of a treaty made and concluded near Carlton, on the twenty-third day of August, and on the twenty-eighth day of said month, respectively, and near Fort Pitt on the ninth day of September, in the year of Our Lord one thousand eight hundred and seventy-six, between Her Most Gracious Majesty the Queen of Great Britain and Ireland, by her Commissioners, the Honorable Alexander Morris, Lieutenant-Governor of the Province of Manitoba and the North-West Territories, and the Honorable James McKay and the Honorable William Joseph Christie, of the one part, and the Plain and the Wood Cree Tribes of Indians, and the other 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 Fort Carlton, Fort Pitt and Battle 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 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 a.s.sured of what allowance they are to count upon and receive from Her Majesty's bounty and benevolence;

And whereas the Indians of the said tract, duly convened in council as aforesaid, and being requested by Her Majesty's Commissioners to name certain Chiefs and head men, who should be authorized, on their behalf, to conduct each 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 a.s.sumed by them, the said Indians have thereupon named for that purpose, that is to say:--representing the Indians who make the treaty at Carlton, the several Chiefs and Councillors who have subscribed hereto, and representing the Indians who make the treaty at Fort Pitt, the several Chiefs and Councillors who have subscribed hereto;

And thereupon, in open council, the different bands having presented their Chiefs to the said Commissioners as the Chiefs and head men, for the purposes aforesaid, of the respective bands of Indians inhabiting the district hereinafter described;

And whereas the said Commissioners then and there received and acknowledged the persons so represented, as Chiefs and head men, 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 Plain and Wood 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 forever, all their rights t.i.tles and privileges whatsoever, to the lands included within the following limits, that is to say:

Commencing at the mouth of the river emptying into the north-west angle of c.u.mberland Lake, thence westerly up the said river to the source, thence on a straight line in a westerly direction to the head of Green Lake, thence northerly to the elbow in the Beaver River, thence down the said river northerly to a point twenty miles from the said elbow; thence in a westerly direction, keeping on a line generally parallel with the said Beaver River (above the elbow), and about twenty miles distance therefrom, to the source of the said river; thence northerly to the north-easterly point of the south sh.o.r.e of Red Deer Lake, continuing westerly along the said sh.o.r.e to the western limit thereof, and thence due west to the Athabaska River, thence up the said river, against the stream to the Jasper House, in the Rocky Mountains; thence on a course south-eastwardly, following the easterly range of the Mountains, to the source of the main branch of the Red Deer River; thence down the said river, with the stream, to the junction therewith of the outlet of the river, being the outlet of the Buffalo Lake; thence due east twenty miles, thence on a straight line south-eastwardly to the mouth of the said Red Deer River on the South Branch of the Saskatchewan River; thence eastwardly and northwardly, following on the boundaries of the tracts conceded by the several Treaties numbered Four and Five, to the place of beginning;

And also all their rights, t.i.tles 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 and twenty-one 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 square mile for each family of five, or in that proportion for larger or smaller families, in manner following that is to say:--

That the Chief Superintendent of Indian Affairs shall depute and send a suitable person to determine and set apart the reserves for each band, after consulting with the Indians thereof as to the locality which may be found to be most suitable for them;

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 ent.i.tled thereto, with their consent first had and obtained; and with a view to show the satisfaction of Her Majesty with the behavior and good conduct of her Indians, she hereby, through her Commissioners, makes them a present of twelve dollars for each man, woman and child belonging to the bands here represented, in extinguishment of all claims heretofore preferred;

And further, Her Majesty agrees to maintain schools for instruction in such reserves hereby made, as to her Government of 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 fis.h.i.+ng 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 territories ceded, pay to each Indian person the sum of five dollars per head yearly;

It is further agreed between Her Majesty and the said Indians that the sum of fifteen hundred dollars per annum shall be yearly and every year expended by Her Majesty in the purchase of ammunition and twine for nets for the use of the said Indians, 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 herein, of Her Majesty's Indian Agent having 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--Four hoes for every family actually cultivating, also two spades per family as aforesaid; one plough for every three families, as aforesaid, one harrow for every three families as aforesaid; two scythes, and one whetstone and two hayforks and two reaping-hooks for every family as aforesaid; and also two axes, and also one cross cut saw, and also 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, four oxen, one bull and six cows, also one boar and two sows, and one handmill when any band shall raise sufficient grain therefor; 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 four 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 also, as soon as convenient, one horse, harness and waggon;

That in the event hereafter of the Indians comprised within this treaty being overtaken by any pestilence, or by a general famine, the Queen, on being satisfied and certified thereof by her Indian Agent or Agents, will grant to the Indians a.s.sistance of such character and to such extent as her Chief Superintendent of Indian Affairs shall deem necessary and sufficient to relieve the Indians from the calamity that shall have befallen them;

That during the next three years, after two or more of the reserves hereby agreed to be set apart to the Indians, shall have been agreed upon and surveyed, there shall be granted to the Indians included under the Chiefs adhering to the treaty at Carlton, each spring, the sum of one thousand dollars to be expended for them by Her Majesty's Indian Agents, in the purchase of provisions for the use of such of the band as are actually settled on the reserves and are engaged in cultivating the soil, to a.s.sist them in such cultivation;