235

DEPARTMENT OF CROWN LaNbSs, September 13th, 1861.
Transferred to Indian Department. |

No. 94.

ARTICLES oF AGREEMENT and convention made and concluded at Manitowaning,
or the Great Manitoulin Island in the Province of Canada, the sixth day of October,
Anno Domini, 1862, between the Hon. William McDougall, Superintendent Genera!
of Indian Affairs, and William Spragge, Esq., Deputy Superintendent of Indian Affairs,
on the part of the Crown and Government of said Province, of the first part, and
Mai-she-quong-gai, Okemah-be-ness, J. B. Assiginock, Benjamin Assiginock, Nai-be
nesse-me, She-ne-tah-guw, George Ah-be-tos-o-mai, Paim-o-quo-naish-gung, Abence,
Tai-bose-gai, A-to-nish-cosh, Nai-wau-dai-ge-zhik, Wau-kau-o-say, Kersh-kewanbik,
Chiefs and Principal Men of the Ottawa, Chippewa and other Indians occupying the
said island, on behalf of the said Indians, of the second part.

Whereas, the Indian title to said island was surrendered to the Crown on the
ninth August, Anno Domini, 1836, under and by virtue of a treaty made between Sir
Francis Bond Head, then Governor of Upper Canada, and the Chiefs and Principal
Men of the Ottawas and Chippewas then occupying and claiming title thereto, in
order that the same might “be made the property (under their Great Father’s con-
trol) of all Indians whom he should allow to reside thereon.”

And whereas, but few Indians from the mainland, whom it was intended to
transfer to the island, have ever come to reside thereon.

And whereas, it has been deemed expedient (with a view to the improvement of
the condition of the Indians as well as the settlement and improvement of the country}
to assign to the Indians now upon the island certain specified portions thereof to be
held by patent from the Crown, and to sell the other, portions thereof fit for cultiva-
tion to settlers, and to invest the proceeds thereof, after deducting the expenses of
survey and management, for the benefit of the Indians.

And whereas, a majority of the chiefs of certain bands residing on that portion of
the island easterly of Heywood Sound and the Manitoulin Gulf, have expressed their
unwillingness to accede to this proposal as respects that portion of the island, but
have assented to the same as respects all other portions thereof, and whereas the
Chiefs and Principal Men of the bands residing on the island westerly of the said
sound and gulf, have agreed to accede to the said proposal.

Now this agreement witnesseth that in consideration of the sum of seven hundred
dollars now in hand paid (which sum is to be hereafter deducted from the proceeds of
lands sold to settlers) the receipt whereof is hereby acknowledged, and in further con-
sideration of such sums as may be realized from time to time as interest upon the pur-
chase money of the lands to be sold for their benefit as aforesaid, the parties hereto of
the second part, have, and hereby do release, surrender and give up to Her Majesty the
Queen all right, title, interest and claim of the parties of the second part, and of the
Ottawa, Chippewa and other Indians in whose behalf they act, of, in and to the Great
Manitoulin Island, and also of, in and to the islands adjacent which have been deemed
or claimed to be appurtenant or belonging thereto, to have and to hold the same, and
every part thereof, to Her Majesty, Her heirs and successors forever. And it is hereby
agreed by and between the parties hereto as follows :—

Firstly. A survey of the said Manitoulin Island shall be made as soon as con-
veniently may be by or under the authority of the Department of Crown Lands.

Secondly. The Crown will, as soon as conveniently may be, grant by: deed for the
benefit of each Indian being the head of a family and residing on the said island, one
hundred acres of land; to each single person over twenty-one years of age, residing as
aforesaid, fifty acres of land; to each family of orphan children under twenty-one years
of age containing two or more persons, one hundred acres of land, and to each single
orphan child under twenty-one years of age, fifty acres of lanjl, to be selected and
located under the following rules and conditions :—
236

Each Indian entitled to land under this agreement may make his own selection of
any land on the Great Manitoulin Island, provided :—

istly. That the lots selected shall be contiguous or adjacent to each other, so that
Indian settlements on the island may be as compact as possible. .

2ndly. That if two or more Indians claim the same lot of land, the matter shall be
referred to the resident Superintendent, who shall examine the case and decide between
them.

8rdly. That selections for orphan children may be made by their friends subject
to the approval of the resident Superintendent.

4thly. Should any lot or lots, selected as aforesaid, be contiguous to any bay or
harbour, or any stream of water upon which a mill site shall be found, and should the
Government be of opinion that such lot or lots ought to be reserved for the use of the
publie, or for village or park lots, or such mill site be sold with a view to the erection
of a mill thereon, and shall signify sueh its opinion through its proper agent, then the
Indian who has selected, or who wishes to select such lot, shall make another selection,
but if he has made any improvements thereon he shall be allowed a fair compensation
therefor.

Sthly. The selections shall all be made within one year after the completion of the
survey, and for that purpose plans of the survey shall be deposited with the resident
Superintendent as soon as they are approved by the Department of Crown Lands, and
shall be open to the inspection of all Indians entitled to make selections as aforesaid.

Thirdly. The interest which may accrue from the investment of the proceeds of
sales of land as aforesaid, shall be payable annually, and shall be apportioned among the
Indians now residing westerly of the said sound and gulf and their descendants per
capita, but every chief lawfully appointed shall be entitled to two portions.

Fourthly. So soon as one hundred thousand acres of the said land is sold, such
portion of the salary of the resident Superintendent and of the expenses of his office as
the Government may deem equitable, shall become a charge upon the said fund.

Fifthly. The deeds or patents for the lands to be selected as aforesaid shall contain
such conditions for the protection of the grantees as the Governor in Council may
under the law deem requisite. ;

Sixthly. All the rights and privileges in respect to the taking of fish in the lakes,
bays, creeks and waters within and adjacent to the said island, which may be lawfully
exercised and enjoyed by the white settlers threon, may be exercised and enjoyed by the
Indians.

Sevyenthly. That portion of the island easterly of Heywood Sound and Manitoulin
Gulf, and the Indians now rcsiding there are excepted from the operation of this agrec-
ment as respects survey, sale of lots, granting deeds to Indians and payments in respect
of moneys derived from sales in other parts of the island, but the said Indians will
remain under the protection of the Government as formerly, and the said easterly part
or division of the island will:remain open for the occupation of the Indians entitled
to reside upon the island as formerly, subject in case of dispute, to the approval of the
Government. . }

Eighthly. Whenever a majority of the Chiefs and Principal Men, at a council of
the Indians residing easterly of the said sound and gulf, to be called and held for the
purpose, shall declare their willingness to accede to the present agreement in all respects,
and the Government shall signify its approval, then that portion of the island shall be
surveyed and dealt with in like manner as other portions |thereof, and the Indians there
shall be entitled to the same privileges in every respect, from and after the date
cf such approval by the Government, as those residing in other parts of the island.

Ninthly. This agreement shall be obligatory and binding on the contracting par-
ties as soon as the same shall be approved by the Governor in Council.

In Witness Whereof, the said Superintendent General of Indian Affairs, and the
Deputy Superintendent, and the undersigned Chiefs and Principal Men of the

237

Ottawa, Chippewa and other Indians, have hereto set their hands and seals at Mani-
towaning, the sixth day of October, in the first year above written.

Executed in the presence of (having Wm. McDouvuea.t, [L.S.]
been first read, translated and ex- WM. SPRAGGE, fL.S.]
plained). J. B. ASSIGINACK, [L.8.]
Gro. Ironswe, S. I. Affrs. MAISHEGUONG-GAI, (totem) [L.8.]

.§. Puiuuirs Day, OKEMEH-BENESS, (totem) [L.8.]
Wo. GILBARD, BENJAMIN ASSIGINACK, (totem) [1L.8.]
Davwp S. Layton, ABENCE, (totem) [L.S8.]
Jos. WILSON, SHE-WE-TAGUN, (totem) pes]
JoHN H. McDougatLt, GEORGE WEBETOOSOWN, (totem) [L.8.j
F., ASSIKINACK, PAIM-0-QUO-NAISH-KUNG, [L.S]
Peter Jacoss, Ch. of England Mission’y, WAI-BE-NESSIEME, (totem) (L.S.1
McGrecor TRoNsIDr. TAI-BOS-EGAI, (totem) [L.8.]

A-TOWISH-COSH, (totem) [L.s.]
NAIWOTAIKEY-HIS, (totem) [L.S.]
WET-COW-SAI, (totem) [L.8.]
KUSH-KE-WAH-BIE, (totem) [L.S.]
BalI-BoM-SAI (totem) [L.8.]
KEG-HIK-GOD-ONESS, (totem) [L.8.]

The undersigned is one of the Chiefs] PAH-TAH-DO-GINSHING, (totem [L.8.]
of the Weguaimekong Band and ap-|
pends his signature in testimony of TEH-KUM-MEH, (totem) [L.8.]
his general approval and his ey, PAIM-SAH-DUNG, (totem) Boas

as an individual to all the terms of|
the above agreement. J

Copy of a Report of a Committee of the Honourable the Executive Counctl, approved
by His Excellency the Governor General in Council on the 14th November, 1862.

The Committee have had before them a report, dated 3rd November, 1862, from
the Honourable the Chief Superintendent of Indian Affairs, of the results of his
mission to the Great Manitoulin Island under authority of Order in Council of 12th
September last, and submitting that the terms of the agreement with the Indians,
ae contemplated by that Order, having been modified in so far as to exclude from the
proposed arrangement that part of the island eastwardly of the Manitoulin Gulf and
Heywood Sound, and other terms being deemed necessary to prevent future diffi-
culty, these modifications have been embodied in the “ Articles of Agreement and:
Convention” made and concluded at Manitouawning on the 6th October, 1862,
between the Government as represented by the Chief Superintendent and Deputy
Superintendent of Indian Affairs, and nineteen of the Chiefs and Principal Men on
behalf of the Indians, which instrument he submits for the ratification of Your
Excellency in Council.

The Committee advise that the “Articles of Agreement and Convention” above
referred to be approved and ratified by Your Excellency and be enrolled in the
usual manner in Crown Land Department and in the office of the Provincial Registrar.

Certified.
WM. H. LEE,
C78...

To the Honourable
The Provincial Registrar,
&e., &e., &e.
238 ;

DrEPARTMENT OF Crown JANDs,

Entered in Letters Received No. 19, P. 248.
Noy. 20th, 1862.

ProvinciAL REGISsTRAR’S OFFICE,
~Quesec, 28th November, 1862.

I hereby certify that this surrender has been duly entered on the records of this
office in Lib. C. S. Surrenders to the Crown, Folio 228. |

WM. KEND oe
Deputy Registrar of the Province.

No. 95.

At a General Council held on the Chippewa Reserve at Carrodoe on the 26th
day of September, 1862, it was agreed between the Chiefs and Principal Men of the
Chippewa and Munsee Bands and the Chief Superintendent of Indian Affairs, to sur-
render for the purpose of being sold for their benefit, all the oak, elm, rock and
walnut timber, suitable for staves or square timber now standing within the limits
of the said reserve, in the manner and on the terms hereunto attached.

One half of the bonus obtained at the sale of the timber to be distributed among
the band as soon after it is received as possible.

The remainder of the bonus and sum realized to be invested for the benefit of.
the said band and the interest distributed half yeariy. |

The dues to be paid on the timber in addition to the bonus, to be the same as
collected on Government timber at Quebec.

Ix Witness Wuereor, we, the Chiefs and Principa] Men, have hereunto set our
hands and totems the day and year above mentioned on behalf of our band.

This arrangement was entered into fy aieeeeae his
and concurred in by all the In- 2 - ie
dians present in Council, now niatl
being over seventy persons. Capt. THOMAS, x

Wa. Spracce, D.S.1.A., sah
7 + 1S
FROOME ee. VSD: Tuos, SNAKE, x
Muncey Town, September 26th, 1862. hale!
his
THos. FISHER, X
mark.
NELSON BEAVER,
his
Gro. x MISKOKOMON,
mark.

JOHN WAMPUM,

Terms on which the oak, elm, and walnut timber on the Carradoc Reserve shall
be sold. :
The reserve to be divided into two blocks, as nearly equal as possible, to be
offered at public auction at London on the 22nd October.
To be awarded to the party who will give the largest bonus for the privilege.
The dues payable to be the same as is exacted at Quebec, on timber cut on Crown
Lands.
Mcuncey Town, September 26th, 1862.

No. 96.

Kxow ALL MEN BY THESE PRESENTS that we, John Natty and Frederick Fisher,
Chiefs of the Band of Chippewa Indians, of the Township of Anderdon, in the