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THE TREATIES WITH THE INDIANS OF MANITOBA, THE NORTH-WEST TERRITORIES, AND KEE-WA-TIN, IN THE DOMINION OF CANADA.

INTRODUCTION

One of the gravest of the questions presented for solution by the Dominion of Canada, when the enormous region of country formerly known as the North-West Territories and Rupert's Land, was entrusted by the Empire of Great Britain and Ireland to her rule, was the securing the alliance of the Indian tribes, and maintaining friendly relations with them. The predecessors of Canada--the Company of Adventurers of England trading into Hudson's Bay, popularly known as the Hudson's Bay Company--had, for long years, been eminently successful in securing the good-will of the Indians--but on their sway, coming to an end, the Indian mind was disturbed. The events, that transpired in the Red River region, in the years 1869-1870, during the period when a provisional government was attempted to be established, had perplexed the Indians. They, moreover, had witnessed a sudden irruption into the country of whites from without. In the West, American traders poured into the land, and, freighted with fire-water, purchased their peltries and their horses, and impoverished the tribes. In the East, white men took possession of the soil and made for themselves homes, and as time went on steamboats were placed on the inland waters--surveyors passed through the territories--and the "speaking wires," as the Indian calls the telegraph, were erected. What wonder that the Indian mind was disturbed, and what wonder was it that a Plain chief, as he looked upon the strange wires stretching through his land, exclaimed to his people, "We have done wrong to allow that wire to be placed there, before the Government obtained our leave to do so. There is a white chief at Red River, and that wire speaks to him, and if we do anything wrong he will stretch out a long arm and take hold of us before we can get away." The government of Canada had, anticipating the probabilities of such a state of affairs, wisely resolved, that contemporaneously with the formal establishment of their rule, there should be formed alliances with the Indians. In 1870 the Parliament of Canada created the requisite machinery for the Government of the Province of Manitoba and of the North-West Territories respectively, giving to the former a Lieutenant-Governor and Legislature, and to the latter, a Lieutenant-Governor and Council, Executive and Legislative--the Lieutenant-Governor of Manitoba being ex officio Lieutenant-Governor of the North-West Territories. Subsequently the North-West Territories were erected into a distinct government, with a Lieutenant-Governor and Executive, and Legislative Council. The District of Kee-wa-tin, "the land of the north wind," was also established, comprising the eastern and northern portions of the Territories, and placed under the control of the Lieutenant-Governor of Manitoba, and an Executive and Legislative Council. Since 1870, no less than seven treaties have been concluded, with the Indian tribes, so that there now remain no Indian nations in the North-West, inside of the fertile belt, who have not been dealt with.

It is the design of the present work to tell the story of these treaties, to preserve as far as practicable, a record of the negotiations on which they were based, and to present to the many in the Dominion and elsewhere, who take a deep interest in these sons of the forest and the plain, a view of their habits of thought and speech, as thereby presented, and to suggest the possibility, nay, the certainty, of a hopeful future for them.

Prior to proceeding to deal, with the treaties of the Dominion of Canada, it will render this book more complete to present the reader, with information as to three treaties which preceded those of the Dominion, viz., the treaty made by the Earl of Selkirk in the year 1817, those popularly known as the Robinson Treaties, made by the late Hon. William B. Robinson, of the City of Toronto, with the Indians of the shores and islands of Lakes Superior and Huron in the year 1850, and that made by the Hon. William Macdougall, for the surrender of the Indian title, to the great Manitoulin Island, both acting for and on behalf of the Government of the late Province of Canada.

Ere however entering upon an explanation of these two first-mentioned treaties, I submit a few brief observations.

The Indians inhabiting the region covered by the treaties in question, extending in Canadian territory from Lake Superior to the foot of the Rocky Mountains, are composed of distinct tribes having different languages.

The Ojibbewas, Chippawas, or Saulteaux as they now call themselves, are found in numbers in the District of Kee-wa-tin and the Province of Manitoba. In the North-West Territories they are not numerous except within the limits of Treaty number Four. These Indians migrated from the older Provinces of Quebec and Ontario many years ago.

The Crees, inhabit the North-West Territories and are divided into Plain, Wood and Swampy Crees, according to the region of the country they dwell in. The Swampy Crees reside in Manitoba and Kee-wa-tin.

The Black Feet nation are to be found towards the slope of the Rocky Mountains, in the region comprised within the limits of the Treaty number Seven.

A few Chippawayans, or Northerners, dwell within the North-West Territories.

The once powerful nation of the Assiniboines, or Stonies--a kindred tribe to the Sioux--are greatly reduced in numbers, and are now only to be met with in the North-West Territories.

The Sioux in the Dominion are refugees from the United States, the first body having come over some fourteen years ago. A large influx of similar refugees, have recently fled to the Dominion from, the same country, as the issue of the recent war between the United States and the Sioux.

THE SELKIRK TREATY

In the year 1811, the Earl of Selkirk purchased from the Governor and Company of Adventurers trading into Hudson's Bay, in consideration of ten shillings and certain agreements and understandings contained in the Indenture, a large tract of territory within Rupert's Land described in the Indenture as follows:

"All that tract of land or territory being within and forming part of the aforesaid lands and territories of the said Governor and Company, bounded by an imaginary line running as follows, that is to say, beginning on the western shore of the Lake Winnipic, otherwise Winnipeg, at a point in fifty-two degrees and thirty north latitude and thence running due west to the Lake Winnipegoos, otherwise called Little Winnipeg, then in a southerly direction through the said Lake so as to strike its western shore in latitude fifty-two degrees, then due west to the place where the parallel of fifty-two degrees north latitude intersects the western branch of Red River, otherwise called Assiniboine River, then due south from that point of intersection to the height of land which separates the waters running into Hudson's Bay from those of the Missouri and Mississippi, then in an easterly direction along the said height of land to the source of the River Winnipic, or Winnipeg , thence along the main stream of these waters and the middle of the several lakes through which they flow to the mouth of the Winnipic River and thence in a northerly direction through the middle of Lake Winnipic to the place of beginning." The deed is accompanied by a map intended to show the tract of country, and there is an endorsement on the map that as the surveys were not sufficient to ascertain with precision whether, latitude 52 degrees does intersect the river called Red or Assiniboine River, it was agreed, that in case the waters of of Red River, shall on more accurate survey be found, not to extend so far north as latitude 52 degrees, then the west boundary of the tract of land intended to be within the grant, should be a line drawn due north and south, through the post upon the Red River, marked on the plan is "Carlton House."

The Company reserved the right to call upon the Earl to set off one-tenth, however, of the tract for the use of the servants of the Company--and the Earl covenanted, within ten years, to settle within the tract one thousand families, each of them consisting of one married couple at the least, on pain of revocation of the grant, if on receipt of notice to that effect from the Company he did not, within three years after the receipt of the notice, complete the settlement of the one thousand families.

In pursuance of his obligations, Lord Selkirk, in the autumn of the year 1811, sent out a number of families from the County of Sutherland, in Scotland, who spent the winter at Fort Churchill on the western shore of Hudson's Bay. On the arrival of spring, they travelled thence to the confluence of the Assiniboine and Red Rivers, and thus was commenced the interesting settlement of the Red River, which is now included in the Province of Manitoba. It is not my purpose to notice here the eventful history of the Selkirk colonists, and I will only note the fact that in 1836, the Company bought back the whole tract, from the heirs of Lord Selkirk, for the sum of L84,000, the rights of colonists who had purchased land between 1811 and 1836, being respected.

In the year 1817 the Earl of Selkirk, visited his wide domain, and entered into negotiations with the Indian tribes, for the extinction of their title, to a tract of land described as follows:

"All that tract of land adjacent to Red River and Assiniboine River, beginning at the mouth of Red River and extending along the same as far as Great Forks at the mouth of Red Lake River and along Assiniboine River as far as the Musk Rat River, otherwise called Riviere des Champignons, and extending to the distance of six miles from Fort Douglas on every side, and likewise from Fort Doer, and also from the Great Forks and in other posts extending in breadth to the distance of two English statute miles back from the banks of the river."

The Indians then inhabiting the region were described as being of the Chippawa or Saulteaux and Killistine or Cree nations. They were made to comprehend, the depth of the land they were surrendering, by being told, that it was the greatest distance, at which a horse on the level prairie could be seen, or daylight seen under his belly between his legs. The consideration for the surrender, was, the payment of one hundred pounds of good merchantable tobacco, to each nation annually.

The treaty was signed by Lord Selkirk and by five Indian chiefs, who affixed thereto drawings of the animals after which they were named, by way of signature, a fac simile of which will be found elsewhere. The surrender was to the Sovereign Lord, King George the Third. The treaty was accompanied by a map which shows that the tract surrendered extended to Grand Forks in what is now United States territory. A copy of the treaty will be found in the Appendix and will prove of interest.

THE ROBINSON TREATIES

In consequence of the discovery of minerals, on the shores of Lakes Huron and Superior, the Government of the late Province of Canada, deemed it desirable, to extinguish the Indian title, and in order to that end, in the year 1850, entrusted the duty to the late Honorable William B. Robinson, who discharged his duties with great tact and judgment, succeeding in making two treaties, which were the forerunners of the future treaties, and shaped their course. The main features of the Robinson Treaties--viz., annuities, reserves for the Indians, and liberty to fish and hunt on the unconceded domain of the Crown--having been followed in these treaties. A special feature of the Robinson Treaties, was the adjustment of a claim made by the Indians to be paid, the amount received, by the Government, for the sale of mining locations. This was arranged, by Mr. Robinson, agreeing to pay them, the sum of L4,000 and an annuity of about L1,000, thus avoiding any dispute that might arise as to the amounts actually received by the Government. The number of Indians included in the treaties were stated by Mr. Robinson to be: on Lake Superior, 1240, including 84 half-breeds; and on Lake Huron 1422, including 200 half-breeds. The relations of the Indians and half-breeds, have long been cordial; and in the negotiations as to these initial treaties, as in the subsequent ones, the claims of the half-breeds, to recognition, was urged by the Indians.

I cannot do better, in giving information with regard to these treaties, than simply to reproduce the Report of Mr. Robinson to the Honorable Colonel Bruce, Superintendent-General of Indian Affairs, in which he describes the course of his negotiations and communicates their results. A copy of the treaties will be found in the Appendix. The Report is as follows:

TORONTO, 24th September, 1850.

Sir:--I have the honor herewith to transmit the Treaty which on the part of the Government I was commissioned to negotiate with the tribes of Indians inhabiting the northern shore of Lakes Huron and Superior; and I trust that the terms on which I succeeded in obtaining the surrender of all the lands in question, with the exception of some small reservations made by the Indians, may be considered satisfactory. They were such as I thought it advisable to offer, in order that the matter might be finally settled, without having any just grounds of complaint on the part of the Indians.

The Indians had been advised by certain interested parties to insist on such extravagant terms as I felt it quite impossible to grant; and from the fact that the American Government had paid very liberally for the land surrendered by their Indians on the south side of Lake Superior, and that our own in other parts of the country were in receipt of annuities much larger than I offered, I had some difficulty in obtaining the assent of a few of the chiefs to my proposition.

I explained to the chiefs in council the difference between the lands ceded heretofore in this Province and those then under consideration, they were of good quality and sold readily at prices which enabled the Government to be more liberal, they were also occupied by the whites in such a manner as to preclude the possibility of the Indian hunting over or having access to them whereas the lands now ceded are notoriously barren and sterile, and will in all probability never be settled except in a few localities by mining companies, whose establishments among the Indians, instead of being prejudicial, would prove of great benefit as they would afford a market for any things they may have to sell, and bring provisions and stores of all kinds among them at reasonable prices.

Neither did the British Government contemplate the removal of the Indians from their present haunts to some unknown region in the far West, as had been the case with their brethren on the American side.

I told them that the two chiefs who were in Toronto last winter only asked the amount which the Government had received for mining locations, after deducting the expenses attending their sale. That amount was about eight thousand pounds which the Government would pay them without any annuity or certainty of further benefit; or one-half of it down, and an annuity of about one thousand pounds.

There were twenty-one chiefs present, about the same number of principal men, and a large number of other Indians belonging to the different bands, and they all preferred the latter proposition, though two of them insisted on receiving an annuity equal to ten dollars per head.

The chiefs from Lake Superior desired to treat separately for their territory and said at once in council that they accepted my offer. I told them that I would have the treaty ready on the following morning, and I immediately proceeded to prepare it, and as agreed upon they signed it cheerfully at the time appointed.

I then told the chiefs from Lake Huron that I should have a similar treaty ready for their signature, the next morning when those who signed it would receive their money; and that as a large majority of them had agreed to my terms I should abide by them.

I accordingly prepared the treaty and proceeded on the morning of the ninth instant to the council-room to have it formally executed in the presence of proper witnesses--all the chiefs and others were present. I told them I was then ready to receive their signatures; the two chiefs, Shinguacouse and Nebennigoebing, repeated their demand of ten dollars a head by way of annuity, and also insisted that I should insert in the treaty a condition securing to some sixty half-breeds a free grant of one hundred acres of land each. I told them they already had my answer as to a larger annuity, and that I had no power to give them free grants of land. The other chiefs came forward to sign the treaty and seeing this the two who had resisted up to this time also came to the table and signed first, the rest immediately following.

I trust his Excellency will approve of my having concluded the treaty on the basis of a small annuity and the immediate and final settlement of the matter, rather than paying the Indians the full amount of all moneys on hand, and a promise of accounting to them for future sales. The latter course would have entailed much trouble on the Government, besides giving an opportunity to evil disposed persons to make the Indians suspicious of any accounts that might be furnished.

Believing that His Excellency and the Government were desirous of leaving the Indians no just cause of complaint on their surrendering the extensive territory embraced in the treaty, and knowing there were individuals who most assiduously endeavored to create dissatisfaction among them, I inserted a clause securing to them certain prospective advantages should the lands in question prove sufficiently productive at any future period to enable the Government without loss to increase the annuity. This was so reasonable and just that I had no difficulty in making them comprehend it, and it in a great measure silenced the clamor raised by their evil advisers.

In allowing the Indians to retain reservations of land for their own use I was governed by the fact that they in most cases asked for such tracts as they had heretofore been in the habit of using for purposes of residence and cultivation, and by securing these to them and the right of hunting and fishing over the ceded territory, they cannot say that the Government takes from their usual means of subsistence and therefore have no claims for support, which they no doubt would have preferred, had this not been done. The reservation at Garden River is the largest and perhaps of most value, but as it is occupied by the most numerous band of Indians, and from its locality is likely to attract others to it, I think it was right to grant what they expressed a desire to retain. There are two mining locations at this place, which should not be finally disposed of unless by the full consent of Shinguacouse and his band; they are in the heart of the village and shew no indications of mineral wealth, they are numbered 14 and 15 on the small map appended to Messrs. Anderson and Vidal's report. I pledged my word on the part of the Government that the sale of these locations should not be completed, and as the locatees have not, I believe, complied with the conditions of the Crown Lands Department there can be no difficulty in cancelling the transaction.

The chiefs are desirous that their several reservations should be marked by proper posts or monuments, and I have told them the Government would probably send some one next spring for that purpose. As I know many of the localities I shall be able to give the necessary information when required.

When at Sault Ste. Marie last May, I took measures for ascertaining as nearly as possible the number of Indians inhabiting the north shore of the two lakes; and was fortunate enough to get a very correct census, particularly of Lake Superior. I found this information very useful at the council, as it enabled me successfully to contradict the assertion that there were on Lake Superior alone, eight thousand Indians. The number on that lake, including eighty-four half-breeds, is only twelve hundred and forty--and on Lake Huron, about fourteen hundred and twenty-two, including probably two hundred half-breeds, and when I paid the Indians they acknowledged they knew of no other families than those on my list.

The number paid, as appears on the pay list, does not show the whole strength of the different bands, as I was obliged at their own request to omit some members of the very large families. I have annexed to this Report the names of the chiefs, their localities, and number of souls in each band as recognized by me in apportioning the money, thinking it will be useful when paying the annuity hereafter.

This information may I believe be fully relied on for Lake Superior, but the census for Lake Huron is not so perfect; and I would suggest that Captain Ironside should be furnished with copies of that document and also of the pay-lists in order that he may correct in time any errors that are found to exist.

As the half-breeds at Sault Ste. Marie and other places may seek to be recognized by the Government in future payments, it may be well that I should state here the answer that I gave to their demands on the present occasion. I told them I came to treat with the chiefs who were present, that the money would be paid to them--and their receipt was sufficient for me--that when in their possession they might give as much or as little to that class of claimants as they pleased. To this no one, not even their advisers, could object, and I heard no more on the subject. At the earnest request of the chiefs themselves I undertook the distribution of the money among their respective bands and all parties expressed themselves perfectly satisfied with my division of their funds.

On my arrival at Penetanguishene I found the chiefs Yellowhead and Snake, from Lake Simcoe, and Aissance, from Beausoleil's Island, waiting to see me, to prefer their claim to a small tract of land between Penetanguishene and the vicinity of the River Severn. I was aware of their intending to make such a claim and took the precaution of asking the chiefs assembled in council at the Sault whether it was well founded, they emphatically declared that those chiefs had no claim on Lake Huron, that they had long since ceded their lands and were in the receipt of a large annuity, this I believe to be the case and Captain Anderson, whom I met there, is of the same opinion; but I promised to inquire into it and give them an answer, and I will therefore thank you to cause the necessary information from your office to be furnished to me on the subject. Should it appear that these chiefs have any claim I think I could get their surrender of it for a small amount, and there remain sufficient funds at my disposal for the purpose.

The Canadians resident on the lands just surrendered at Sault Ste. Marie are very anxious to obtain titles to the land on which they have long resided and made improvements; they applied to me after the treaty and I advised them to memorialize the Government the usual way setting forth the manner in which they were put in possession by the military authorities of the time, and that I had little doubt that the Government would do them justice. I think the survey of the tract should be made so as to interfere as little as possible with their respective clearings and that those who can show a fair claim to the favorable consideration of the Government should be liberally dealt with.

It will be seen on referring to the treaty that I have kept within the amount at my disposal. Of the L4,160 agreed by me to be paid to the Indians of both lakes, there remains L75 unexpended. I could not from the information I possessed tell exactly the number of families I should have to pay, and thought it prudent to reserve a small sum to make good any omissions, there may still be a few who will prefer claims, though I know of none at present. If not, the amount can be paid next year with the annuity to such families as are most deserving; or it may be properly applied in extinguishing the claim made by the Lake Simcoe Indians, should it appear on inquiry to be just.

The whole amount given to me in August was L5,033 6s. 8d., of this sum their remains L800, which I have placed in the Bank of Upper Canada to the credit of the Receiver-General, and I have prepared a detailed account of the whole, which with the proper vouchers, I shall deliver to the Accountant of the Crown Lands Department.

I have much pleasure in acknowledging the valuable assistance afforded me by all the officers of the Honorable the Hudson's Bay Company resident on the lakes; and the prompt manner in which their Governor, Sir George Simpson, kindly placed their services at my disposal.

The report made last year by Messrs. Anderson and Vidal I found of much use to me, and the long services and experience of the former gentleman in Indian affairs enabled him to give me many valuable suggestions.

Captain Cooper and his officers by attending at the council, and otherwise, gave me most cheerfully all the aid in their power; and Captain Ironside, of your Department, with his assistant, Assickinach, were of essential service to me.

I found it absolutely necessary to have the aid of some one in taking the census of the Lake Huron Indians at the time they were receiving their presents at Manitoulin; and as Captain Ironside was fully occupied in attending to his own duty, I requested Mr. Keating, who had long known the Indians on that lake, to give me his assistance. This he cheerfully and very efficiently did, and afterwards was with me in distributing and paying out the money.

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