119

a

PROVINUIAL REGISTRAR’S OFFICE,
Toronto, 28th March, 1876.

I hereby certify the within to be a true and faithful copy of the record of the
original patent, as entered in Lib. C. W., Folio 71.
JOHN F. C. USHER,
Deputy Registrar of the Province of Ontario.

No. 49.

Know ALL MEN BY THESE PRESENTS, that we, John Sunday, Jacob Sunday, Jacob
Pazhegezhick, James Sahgahnahquottwabe, Jacob Pahtewun and James Nahwahquas-
kum, Sachems and Chief Warriors of the Mississagua Tribe of Indians, of Kingston
and the Bay of Quinté, now settled in the Township of Alnwick, in the District of
Neweastle, in the Province of Upper Canada, in consideration of the trust and con-
fidence we repose in Her Majesty Queen Victoria of Great Britain and Ireland, do
hereby surrender and yield up to Her said Majesty, Her heirs and successors, all that
tract of land situate in the Midland District, and long known as Wahboose Island,
to hold the same to Her said Majesty, Her heirs and successors, forever, the said
island containing six hundred acres, be the same more or less. And we do hereby make
this surrender to Her Majesty for the purpose of enabling Her said Majesty to sell
and dispose of the said island for the highest price that can be had for the same, for
our benefit and advantage. And we do hereby declare our wish and desire that. the
money arising from the sale of the said island should be invested in good and safe
Government or other securities at legal interest, which interest to be paid to us from

time to time as we may require it.
Ix Witxess WHEREOF, we, the said Sachems and Principal Warriors aforesaid
have hereunto set our hands and seals this fifteenth day of June, one thousand eight

hundred and thirty-eight.

Signed, sealed and delivered in Joun SuNDAY (totem) (L.8.]
presence of: Jacop SuNDAY (totem), orSr)
CHARLES ANDERSON, Jacop PazHEGEZHICK (totem) [L.8.]

SILVESTER FIURLBURT. JAMES GAHGAHNAQUOTTWABE (totem),
[L.S8.]
Jacop PAHBEWUN (totem), [L.8.]

JaMes NAH-WAH-QUASH-KUM (totem),
. L.8.]

No. 50.

TnpIAN Orrice, Toronto, 5th January, 1841.

; The Lieutenant Governor has directed me to inform the deputation of Chiefs

from the Grand River that he has maturely considered their speech to him, and par-
ticularly that important part of it which relates to the occupation of their lands by
white people without.authority.

The Lieutenant Governor is of opinion that very ereat difficulties will be found
in any medium course between the expulsion of all intruders or non-interference, as
experience has shown that with all the anxiety to do justice, and with all the care
exercised to prevent injury to Indian interests, the interference of the Indians them-
selves, continually, has created new difficulties, to which there seems to be no end,
and yet the Government is expected to compromise its own character by adjudging what
is right and wisely recommended by the Indians, or what, on the other hand, may be
eapriciously or corruptly counselled by them.

The Lieutenant Governor is of opinion that there can be no remedy found for
the continuance of this unsatisfactory and embarrassing state of affairs while the

120 , i 3

. 7 - a — = = —— = ———

lands remain general property under circumstances which it is no reproach to the
Indians to say that they cannot manage the estate for the general interests of the
tribes. .

The Lieutenant Governor therefore considers that it would be very much for th3_
benent of the interests of the Indians if they surrendered into the hands of Govern-
ment the whole tract, with the exception of such part of it as they may choose to —
occupy as a concentrated body, so that the same may be disposed of by Government;
and the Lieutenant Governor therefore strongly recommends that this course be ad-
opted by them, that they immediately select a tract of sufficient: extent to give each
head of a family or grown up man a farm of one hundred or two hundred acres (as
may be thought expedient), for cultivation in the most eligible situation on the river,
together with a further quantity to be reserved for firewood and other contingencies ;
that the Indians then remove to this tract and live together as a concentrated body
upon the farms assigned to them, and that the residue of the tract be surrendered to
be disposed of for the exclusive benefit of the Indians.

The Lieutenant Governor is also of opinion that when the Indians are thus
settled together there will be no difficulty in keeping away intruders, or summarily
punishing them should they persevere in committing trespasses on their tract of land.

The Lieutenant Governor feels confident that the proceeds of the sale of the resi-
due of the land and the timber growing upon it will retrieve the affairs of the Six
Nations Indians, as well as confer on that sectioh of the Province a lasting benefit,
by bringing into cultivation a large tract of the finest description of land, which at
present is not only unproductive to the Indians, but absolutely useless to them in
every point of view, and which is considered by the public a bar to the improvement
and prosperity of the districts in which it is situated, and in fact a nuisance which
the public have a right to call upon Government to abate.

It is unnecessary for the Lieutenant Governor-again to express the great anxiety
felt by the Queen’s Government to promote the interests of the Indiqns and to carry
out such a system in the management of their affairs as may conduce to this end ;
and the Lieutenant Governor therefore trusts that every member of the community -
of tne Six Nations Indians will believe him when he states that if he were not firmly
convinced that the plaft proposed in this communication was the most proper for their
adoption he would not have recommended -it.

SAM. P. JARVIS,
To Ch. Sle Agfarrs:

JOHN SxvoKE JOHNSON,
Peter GREEN,

PFrerR FISHCARRIER,
Tuomas Ecno,

And others forming the deputation of ?4ohawk Chiefs.

| Seneca, 15th January, 1841.
To the Chiefs of the Six Nation Indians:

Being convinced by conversation with several Indians of the Six Nations, since
my arrival among them, that my communication to the Chiefs of the 5th January,
1841, relating to the Six Nations lands upon the Grand River is altogether misinter-
preted by them, I have thought it necessary to submit the following in explanation
of that document and of the intention of Government, in order to protect the true
interests of the Indians.

The Government is of opinion that it would greatly conduce to the happiness,
comfort and wealth of the Six Nations if all their land, with the exception of what
is necessary for their own cultivation and for firewood, should be disposed of, so as -
to create a fund continually increasing for the benefit of the Six Nations, and upon

such a plan they are of op
diately increased by a sum varying

inion that the income of the Six Nations can be imme-

from £3,000 to 5,000 per annum.
The Government, therefore, in the communication of the Sth January instant,

_ proposed to the Chiefs and Warriors that the whole tract, with the exception of such
part of is as they may choose to occupy as a concentrated body, should be surrendered,

so that the same should be immediately disposed of for the benefit of the Indians,

and to relieve the present embarrassed state of their affairs.
The Government were also of opinion that it would be for the benefit of the In-

dians, and proposed in the communication of the 5th instant, that they should remove
to such tract as should be thus reserved and set apart for their exclusive benefit, and

become pledged to protect f injury or intrusion upon
the part of the white man. 9 the Chiefs and

proposing that such a reserv the intention
of the Government, nor is it their intention, to desire the removal of any Indian from

a farm at present in his occupation, and w

in case any of the Indians should voluntarily desire to

ld think it advantageous so to do, and

themselves,
d who have almost without exception

that the white men who are now on the tract an
been invited and intro 1 ndians themselves, should be no

longer suffered to remain upon these valuable lands without paying a single shilling
to the Indian funds, but the Government shall immediately interfere to compel the
payment of a fair value into the funds.
I wish it likewise to be understood, that in case any Indian (upon the proposed
plan) should desire to dispose of his improvement, and to remove to the reserved
tract, no bargain can be noticed or allowed which is not ‘n the first instance proposed,
as well by the purchaser as the Indian to the Department, and approved of, and that any
further trespasses or intrusions, of any nature whatsoever, upon the reserved tract,
whether committed without or with the approbation of the Indians, either singly or
collectively, will meet with the strongest disapprobation of the Government, and that
the party offending shall be immediately removed and punished according to the law.
From a careful enquiry into the nature of the claims of the white men to the
lands in their occupation it +s but too plainly apparent that they have been invited by
the great majority of the Indians, and that the latter have received large sums of
money which they are wholly ineapable of ever refunding. So far, indeed, from the
Government receiving any co-operation from the Indians, notwithstanding their re-
peated remonstrances and calls upon them for protection, they find every measure pro-
posed thwarted by the conduct of the Indians themselves, by the repeated pretended
gales of their public property, and that, too, not only within the last year, but if T am
correctly informed, within the last fortnight, by some of the Chiefs and Indians who

have been most urgent in their remonstrances.
Under such circumstances it cannot be expected, nor would it in any manner tend

to the interests of the Indians, that upwards of 2,000 white persons nearly equal in
number to the Indians upon the Grand River, should be utterly removed from their
homes, for which in some instances they have paid so dearly to individual Indians;
~ neither justice or policy, or a due regard to the Indian interests, requires or will permit
of such a measure nor can any such be expected to be approved of by me or recom-

mended to the Government.
I am informed, and believe from my own observations, that the above plan pro-

posed meets with the approbation of the most intelligent, industrious and worthy of
the Indians, and I am fully satisfied that their true interest requires its adoption. ,
“a

Those who are opposed to it must therefore reflect that any private division in
the Council, from whatever cause proceeding, cannot prevent the Government from
interfering in seconding the wishes of the industrious and from promoting the wealth
and prosperity of the Nations as a body.

In case any further divisions should take place in Council, and by declining
amicably to meet the views of Government, the Indians should continue to thwart
the measures devised as most conducive to their interest, I am apprehensive that the
Government will be compelled, however reluctantly, to take into their own hands the
exclusive management of their affairs, and as Chief Superintendent it will be my duty,
immediately upon my return, to recommend such a course, to prevent the public pro-
perty of the Six Nations from being sacrificed to the avarice and rapacity of in-—
dividuals.

I have made frequent applications to the British Government relating to the stock
in the Grand River Navigation Company held by the Indians, and I think I can with
safety say that measures will be soon adopted in relation to that matter advantageous
to the Indians. In conclusion, I can only further assure you, that if the above meas-
ure proposed has not been maturely considered, and if it was not thought most cal-
culated to promote the interests of the Six Nations, it never would have received the
approbation of the Government, nor of myself as head of the Department.

I therefore recommend to the Indians in Council that they approve of the Goy-
ernment disposing for their exclusive benefit and advantage, either by lease or other-
wise, of all their lands which can be made available, with the exception of the farms
at present in their actual oceupation and cultivation, and of 20,000 acres as a further
reservation, and that the selection of this reservation be deferred until after a general
survey of the tract, when the position most advantageous to the general interests
and peculiar wants of the Indians can be more judiciously selected. I will merely add

that I will meet the Chiefs in Council at the Onandaga Council House on Monday
next, at 1 o’clock, to receive their answer.

SAM. P. JARVIS,
Ch. 8. 1. Affairs.

The Chiefs and Warriors of the Six Nations Indians upon the Grand River in
full Council assembled at Onandaga Council House, this eighteenth day of January,
in the year of Our Lord one thousand eight hundred and forty-one, having maturely
considered the proposal made to them by Samuel Peters J arvis, Esquire, Chief Super-
intendent of Indian Affairs, contained in the annexed documents, dated the 5th and
15th January, 1841, in full reliance and confidence in Her Majesty’s Government that
they will dispose of the property of the Six Nations Indians, for the sole benefit of
them and their posterity for ever, according to the intent and meaning of the said
annexed documents, and for no other purpose whatsoever, to the best of their judg-
ment, and also in full confidence and reliance upon Her Majesty’s Government, that
they shall not sell, or dispose of in fee simple any portion of that tract called the
Johnson Settlement, unless what is available to be sold as town lots in the immediate
neighbourhood of the Town of Brantford, without the assent of those Indians for
whom the same was formerly reserved first being obtained, have and do hereby assent —
to Her Majesty’s Government disposing of the land belonging and formerly reserved ~~
upon the Grand River for the Six Nations Indians, for the benefit of the said Six
Nations, and for full and valuable consideration according to the best of their yudg-
ment, so as to preserve the benefit thereof for them the said Six Nations and their
posterity for ever, and for no other purpose, according to the intent and meaning of
said annexed documents, dated the 5th and 15th January, 1841, respectively.

Ix Testruony Wuereor, we, Moses Walker, John Smoke Johnson, Skanawate,
Kanokaretini, Peter Green, John Whitecoat and Jacob Fish, being deputed by the
——

in full Council assembled to assent to the same ‘n their behalf, have

said Six Nations
ds and seals this 18th January, 1841.

hereto set our han

Signed, sealed and delivered in presence Moses WALKER, Lb.S.
of us, being fully interpreted by Mr. JOHN S. JOHNSON, [L.8.]
Jacob Martin, a subscribing witness to his
tnese presents: SPE es es [L.S.]
; J. Martin, J. I. Department, mari rs
Jas. Winnett, S.1.A., JXANOKARETINI, X [L.8.]
Joun W. GWYNNE. mark
1s
JoHN WHITECOAT, X [L.8.]
mark
PETER GREEN. [L.8.]
PROVINCIAL REGISTRAR S Orrice, Ist Nov., 1844.

LT hereby certify that the foregoing surrender, together with the documents
therein referred to of the 5th and 15th Jan., 1841, respectively, have this day been

entered on the records of this office, in Lib. A, folio 241.
R. D. TUCKER,

Registrar.

No di.

E all to whom these presents shall come,—GREETING :

Know YE, that we the undersigned Chiefs of the Mohawk Nation of Indians of
ave surrendered, and do hereby, on behalt of our said tribe, and
sent, surrender unto Tier Majesty, Her heirs and successors, all
i ip of Tyendenaga which is known as the
deseribed as the tract lying within
est angle of the north half

said fourth concession to the boun

said boundary line to t
1 to the north-west corner of lot

between Hungerford and ‘Tyendenaga
1 utherly along the side lines,

number twenty-eight in the tenth concession ; thence so
d twenty-eight, through the several concessions, VIZ:

_ between numbers twenty-seven an
ten, nine, eight, seven, six, five, and the north half of the fourth, to the place of
derstanding that the said parcel of land is to be

beginning; 10 trust, with the un
he best advantage, and the proceeds to be “nvested for the benefit of

our tribe, as 1S more fully set forth in the surrender of the tract lying to the west of
d now in course of sale.
oria District, this fifteenth d

hundred and forty-three.

ay of April, in the

In presence of: i
. . 11S
ALTERN GIVIN tonar :

SALTERN G INS, Miss onary, BRANT xX BRANT, [L.8.]
Joun HILL, mark
SerH PowLes, _ Pow.Les CLAUS, [L.5.] bs
~~
his his as
Henry x LorFt, THomas x GREEN, [L.s.] ©

mark

k
JouN CULBERTSON. JOHN W. Hun. [L.S8,] nf