227 ——— Richard Ruttan, of the Town of Cobourg, in the Newcastle district, gentleman, maketh oath and sayeth: that he was present and saw the within named George S. Boulton duly execute the indenture to which this memorial relates, also this memo- rial for registry thereof, and that he, this deponent, is a subscribing witness to both instruments which were executed at Cobourg aforesaid. Sworn before me at aa this 18th day of July, 1843. Fee AN. R. M. BOUCHER, A Comm. Q.B. for Newcastle District. Registered 13th July, 1843, at 10 a.m., in Liber. O., Folio 154, memorial number 7024. JAMES CAMERON, Deputy Registrar. I hereby certify that the within memorial is duly registered on the affidavits of Richard Ruttan, a subscribing witness to the within, as well as to the indenture to which it relates, as sworn before R. M. Boucher, Commissioner Q.B., at Cobourg, 13th July, 1848. JAMES CAMERON, Deputy Registrar. REGISTRY OFFICE, ) WEstT RIDING, b County oF NorTHUMBERLAND. | I certify that the within is a true copy of an instrument found of record in this office. Witness my hand and seal of office at Cobourg this 27th day of October, A.D. 1870. JNO. GAULT, [L.8.] Deputy Registrar. No. 91 (A). We, the undersigned Chiefs and Warriors of the Batchewananny and Gourlais Bay Bands of Indians, acting for and on behalf of our respective bands, do hereby surrender and yield up for ever in trust to Her Most Gracious Majesty the Queen, Her heirs and successors, in consideration of the conditions hereinafter set forth, the lands reserved for us under the treaty made in the year 1850, namely: “ The tract “ of land extending from Wanabekinegunning, west of Gros Cap, to the boundary of “ the lands ceded by the chiefs of Lake Superior and inland ten miles throughout the “ whole distance including Batchewananny Bay.” The conditions of this present surrender are as follows :— I°. We retain the small islands at the Sault Ste. Marie reserved in 1850. TI°. The tract now ceded to be sold for our benefit and the interest accruing therefrom to be annually divided among us. TII°. Each family as at present constituted to receive forty acres on the Garden River Reserve, for which a writing establishing the individual right of occupation will be given. IV°. Any family so desiring may purchase eighty acres of land now ceded at the upset price and on the conditions established by Government. V°. Twelve hundred dollars are to be divided among the bands surrendering on the approval of this treaty by His Excellency the Governor General in Council. VI°. Such approval to be the final ratification of the treaty. VII°. Such of us as have made improvements on the ceded land to receive the value of such improvements when appraised by a competent surveyor. i—154 In token whereof, we have hereto set our names and marks after the treaty had been duly read over and explained to us, this ninth day of June, one thousand eight hundred and fifty-nine, at Gros Cap, Lake Superior. Witnesses to the above signatures: JOSEPH X NABAHNAGOOJING, (totem) R. T. Pexveratuer, Supt. Gen., Chief, Sault Ste. Marie and Gourlais Bay, Gro. Ironsipg, S. J. Affairs, Epwarp x NABAHNAGOOJING, (totem) 2oBERT LAw Ocivvy, MEKAHDAOKWAHNAHYA, (totem) F. Assikinack, Interpreter. MAZHUKEYNOSH, (totem) Chief Batchewan. Louison x NABAHNAGOOJING, (totem) WAHBEGHUKWA, (totem) Sauswé NABAHNAGOOJING, (totem) AHPAUKWAUSH, (totem) ROBERT x WAUBOOGE, (totem) ELexis x BIRoN, PIERRE Xx LESAGE, (totem) HANAUSH, (totem) Original surrender returned to Ex. Council Olfice 29th July, 1859. WM. KENT. Recorded 28th July, 1859. Wm. Kent, Dep. Regr. —_—— Cory of a Report of a Committee of the Honourable the Executive Council, approved by His Excellency the Governor General in Council on the 28nd July. 1859. The Committee have had under consideration a report dated 21st June, 1859, from the Superintendent General of Indian Affairs, submitting for the consideration o: Your Excellency in Council three surrenders of Indian reserves on Lake Superior and Lake Huron, viz. :— I°. That at Batchewananny Bay and Gourlais Bay. II°. Part of that at Garden River. TII°. That at Thessalon River. The Superintendent states that the terms of all three treaties are nearly identical. The conditions are:— 1. The sale of the land for the benefit of the parties surrendering. 2. The allotment on the new Garden River Reserve of forty acres to each family es at present constituted, and the issue of licenses of occupation of such lots. 3. The privilege of purchasing at the upset price eighty acre lots in the sur- rendered tracts when the land shall be brought into the market. 4. Such as have made improvements from which they will be removed to receive the appraised value of the same. 5 Two thousand nine hundred dollars to be divided among them at once, in the following proportions: twelve hundred: dollars to the Batchewananny and Gourlais Bay Bands, twelve hundred to those at Garden River and five hundred to those residing on the Thessalon Reserve. 6. The treaty not to be considered final until ratified by the Governor in Council. That in the case of the Garden River Reserve, the right of passage along the river through the reserve is conceded, it being understood that there is valuable timber in the interior beyond the reserve, the readiest access to which is by the river. That the Batchewananny Indians only reserve the small island at the Sault Ste. Marie used by them as a fishing station. That the Garden River Band have conceded about three-fourths of their reserve, including the rich mineral deposits near Echo Lake. 229 ——_—— =< a S ——— =— That they have also invited all the bands on the north shore of Lake Huron to join them, so that the Superintendent General anticipates that there would be but little difficulty in obtaining further surrenders from these scattered tribes. Looking to the welfare of the Indians, he considers concentration as highly important. He also observes that Mr. George Johnson, who interpreted for the Hon. W. B. Robinson, in 1850, agrees with Mr. Keating in stating that he explained to the Batchewananny Indians that their reserve was to cover three hundred square miles. The Superintendent General therefore submits that this interpretation should be adhered to at the present time. He further states that the Batchewananny Bay Indians also request that they may be allowed $80 to buy a yoke of oxen and implements to commence their farms on the Garden River Reserve, and he expresses a hope that the Government will grant this favour, and make them this small donation, to stimulate them to exertion, urging at the same time that these treaties should be ratified without delay in order that the Indians may receive the money at once. . The Committee recommend that the surrenders be accepted and enrolled in the usual manner in the offices of the Provincial Registrar and Commissioner of Crown Lands, but that such acceptance be upon and subject to the conditions of the report of the Commissioner of Crown Lands which accompanies the report of the Superin- tendent of Indian Affairs, viz.: that the sums proposed to be advanced to the several tribes of Indians be advanced accordingly, to be charged against the proceeds of the sales of the several tracts respectively, not, however, at present admitting that the Indians are entitled to the extent of land claimed by them at Batchewananny, inas- much as the Commissioner, the Honorable William B. Robinson, by whom the original treaty was made, disputes the accuracy and justice of this claim and the interpretation of the treaty as given by Messrs. Johnston and Keating. Certified. WM. H. LEE, —_+__— CHG. DEPARTMENT OF THE SECRETARY OF STATE, , REeGISTRAR’s Branou, Orrawa, 8th August, 1868. I hereby certify the within to be a true and faithful copy of the record of the original surrender as entered in Lib. C. S., Folio 200. HECTOR L. LANGEVIN, Secretary of State and Registrar General of Canada. No. 91 (B). We the undersigned Chiefs and Warriors of the Garden River Indians, acting for and on behalf of our band, do hereby surrender and yield up to Her Most Gracious Majesty the Queen, in trust for our benefit, the part of our reserve herein- after described, on the following conditions :— 1. We surrender the land reserved for us by the treaty of 1850, namely the tract of land extending “from Maskinongé Bay, inclusive, to Partridge Point, above Garden River, on the front, and ten miles inland throughout the whole distance, also Squirrel Island,” but retaining for ourselves, that part of it which is bounded by a line starting from the centre point of the western boundary of such tract and running east to Garden River; thence to Onegahmeeny, on Echo Lake; thence following the bank of Echo Lake down the right bank of the river to the front and along to the front to the aforesaid western boundary, and following it to the place of beginning, also Squirrel Island. 9. Fhe land now surrendered to be sold for our benefit and the interest aceruing from the invested proceeds of such sales to be annually divided among us.