303

of the Garden River band of Ojibway Indians, conveying to the Crown, in trust, lots
numbers fifteen on the north side of Milton street, fifteen on the south side of
Milton street, fifteen on the north side of Prince street, fifteen on the south side of
Frince street, in the town plot of Chinguacouse, and containing two acres and one-
quarter, and situated within this said reserve, for the use and benefit of the Church
of England Mission established at the Garden River Reserve.

The Minister reports that Mr. Plummer, in a letter accompanying the said in-
strument, states that the dwelling house and premises of the Church of England
Missionary are situated on the said lots, and that a large building for a general school
or an academy for the training of Indians is about to be erected.

He accordingly recommends that the surrender so executed, which has been duly
proved before the Judge for the District of Algoma, be accepted by Your Excellency
in Council, in accordance with the provisions of the 8th section of the Act 31 Vic-
toria, chapter 42.

The Committee advise that the surrender be accepted accordingly.

Certified,
To the Honourable Wieva EIMS WORTH, C.P.C.
The Minister of the Interior,
&e., &e., &e.

Nos, 13d) and 132:

ARTICLES OF A TREATY made and concluded this third day of October, in the year
of Our Lord one thousand eight hundred and seventy-three, 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 of the North-west Territories; Joseph Alfred Norbert Provencher and Simon
James Dawson, of the one part, and the Saulteaux Tribe of the Ojibway Indians,
inhabitants of the country within the limits hereinafter defined and describea, py
their Chiefs chosen and named as hereinafter mentioned, of the other part.

Whereas the Indians inhabiting the said country have, pursuant to an appoint-
ment made by the said Commissioners, been convened at a meeting at the north-west
augle of the Lake of the Woods 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 vy Her Majesty’s
said Commissioners that it is the desire of Her Majesty to open up for settlement,
immigration and such other purpose as to Her Majesty may seem meet, a tract of
eountry 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
@.range with them so that there may be peace and good will between them and Her
Majesty and that they may know and be assured 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 said Commissioners to name certain Chiefs
and Headmen, who should be authorized on their behalf to conduct such negotiations
and sign any treaty to be founded thereon, and to become responsible to Her Majesty
for their faithful performance by their respective bands of such obligations as shall
be assumed by them, the said Indians have thereupon named the following persons for
that purpose, that is to say :—

'  _KEK-TA-PAY-PI-NAIS (Rainy River.)
KITCHI-GAY-KAKE (Rainy River.)
NotTE-NA-QUA-HUNG (North-West Angle.)
NAWE-DO-PE-NESS (Rainy River.)
Pow-wa-sana (North-West Angle.)
CANDA-COM-IGO-WE-NINIE (North-West Angle.)
PApa-Sko-GIn (Rainy River.)
304 ,

MAY-NO-WAH-TAW-WAYS-KIONG (North-West Angle.)
K1fCHI-NE-KA-LE-HAN (Rainy River.)
SAH-KATCH-EWAY (Lake Seul.),
Mupa-pay-waH-sin (Kettle Falls.)

Me-piz-sies (Rainy Lake, Fort frances.) _
OOsS-CON-NA-GEITH (Rainy Lake.) .
WaAH-SHIS-KOUCE (Eagle Lake.)
JK(AH-KEE-Y-ASH (Flower Lake.)

Go-BAY (Rainy Lake.) ;
Ka-mo-tr-asi (White Fish Lake.)
NeE-sHO-TAL (Rainy River.)

KEE-JE-GO-KAY (Rainy River.)

SHa-SHA-GANCE (Shoal Lake.)
SHAH-WIN-NA-BI-NAIS (Shoal Lake.)
Ay-ASH-A-WATH (Buffalc Point.)
PAY-AH-BEE-wasH (White Fish Bay.)
KAH-TAY-TAY-PA-E-cUTCH (Lake of the Woods.)

And thereupon, in open council, the different bands having presented their Chiets

to the said Commissioners as the Chiefs and Headmen for the purposes aforesaid of
the respective bands of Indians inhabiting the said district hereinafter described :

And whereas the said Commissioners then and there received and acknowledged
the persons so presented as Chiefs and Headmen for the purpose aforesaid of the re-
spective bands of Indians inhabiting the said district hereinafter described;

And whereas the said Commissioners have proceeded to negotiate a treaty wit
the said Indians, and the same has been finally agreed upon and concluded, as follows,
iat 1S to say -——

The Saulteaux Tribe of the Ojibbeway Indians and all other the Indians inhabit.

‘ing the district hereinafter. described and defined, do hereby cede, release, surrender
ond yield up to the Government of the Dominion of Canada for Her Majesty the
Queen and Her successors forever, all their rights, titles and privileges whatsoever,
to the lands included within the following limits, that is to say :—

Commencing at a point on the Pigeon River route where the international boun-
dary line between the Territories of Great Britain and the United States intersects
the height of land separating the waters running to Lake Superior from those flowing
to Lake Winnipeg; thence northerly, westerly and easterly along the height of land
aforesaid, following its sinuosities, whatever their course may be, to the point at which
the said height of land meets the summit of the watershed from which the streams
flow to Lake Nepigon; thence northerly and westerly, or whatever may be its course,
along the ridge separating the waters of the Nepigon and the Winnipeg to the height
of land dividing the waters of the- Albany and the Winnipeg ; thence westerly and
north-westerly along the height of land dividing the waters. flowing to Hudson’s Bay
Ly the Albany or other rivers from those running to English River and the Winnipeg
ty a point on the said height of land bearing north forty-five degrees east from Fort
Alexander, at the mouth of the Winnipeg; thence south forty-five degrees west to
Fort Alexander, at the mouth of the Winnipeg; thence southerly along the eastern —
bank of the Winnipeg to the mouth of White Mouth River; thence southerly by the —

line described as in that part forming the eastern boundary of the tract surrendered —
by the Chippewa and Swampy Cree tribes of Indians to Her Majesty on the third of —
August, one thousand eight hundred and seventy-one, namely, by White Mouth River
to White Mouth Lake, and thence on a line having the general bearing of White

Mouth River to the forty-ninth parallel of north latitude; thence by the forty-ninth &:
parallel of north latitude to the Lake of the Woods, and from thence by the interna- —
tional boundary line to the place beginning. |

-
305

The tract comprised within the lines above described, embracing an area of fifty-
five 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 also to lay aside and reserve 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, in such a manner as shall seem best, other reserves of land in the said
territory hereby ceded, which said reserves shall be selected and set aside where it
shall be deemed most convenient and advantageous for each band or bands of Indians,
by the officers of the said Government appointed for that purpose, and such selection
shall be so made after conference with the Indians ; provided, however, that such
reserves, whether for farming or other purposes, shall in no wise exceed in all one
square mile for each family of five, or in that proportion for larger or smaller families
and such selections shall be made if possible during the course of next summer, or as
soon thereafter as may be found practicable, it being understood, however, that if at
the time of any such selection of any reserve, as aforesaid, there are any settlers
within the bounds of the lands reserved by any band, Her Majesty reserves the right
to deal with such settlers as She shall deem just so as not to diminish the extent of
land allotted to Indians, and provided also that the aforesaid reserves of lands, or any
interest or right therein or appurtenant thereto, may be sold, leased or otherwise
disposed of by the said Government for the use and benefit of the said Indians, with
the consent of the Indians entitled thereto first had and obtained.

And with a view to show the satisfaction of Her Majesty with the behaviour 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 re-
serves hereby made as to Her Government of Her 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 in-
fluences of the use of intoxicating liquors, shall be strictly enforced. 7

Her Majesty further agrees with Her said Indians that they, the said Indians,
shall have right to pursue their avocations of hunting and fishing 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 Do-
minion of Canada, or by any of the subjects thereof duly authorized therefor by the
said Government.

Jt 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
bnildings 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
territory ceded, pay to each Indian person the sum of five dollars per head yearly.

i—20
306

It is further agreed between Her Majesty and the said Indians that the sum of
ffteen 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.

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 actually eulti-
vating the soil or who shall hereafter commence to cultivate the land, that is to say:
‘wo hoes for every family actually cultivating, also one spade per family as afore-
said, one plough for every ten families as aforesaid, five harrows for every twenty
families as aforesaid, one scythe for every family as aforesaid, and also one axe
and one cross-cut saw, one hand-saw, one pit-saw, the necessary files, one grind-stone,
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 one yoke ot oxen, one bull and four cows ; 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 three for each band, shall receive fifteen
dollars per annum; and each such Chief and subordinate officer as aforesaid shall also
receive once in 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 the undersigned Chiefs, on their own behalf and on behalf of all other In-
dians inhabiting the tract within ceded, do hereby solemnly promise and engage to
strictly observe this treaty, and also to conduct and behave themselves as good and
loyal subjects of Her Majesty the Queen. They promise and engage that they will
in all respects obey and abide by the law, that they will maintain peace and good
order between each other, and also between themselves and other tribes of Indians,
and between themselves and others of Her Majesty’s subjects, whether Indians or
whites, now inhabiting or hereafter to inhabit any part of the said ceded tract, and
that they will not molest the person or property of any inhabitants of such ceded
tract, or the property of Her Majesty the Queen, or interfere with or trouble any
person passing or travelling through the said tract, or any part thereof; and that they
will aid and assist the officers of Her Majesty in bringing to justice and punishment
any Indian offending against the stipulations of this treaty, or infringing the laws
in force in the country so ceded. :

In WitNESS WHEREOF, Her Majesty’s said Commissioners and the said Indian
Chiefs have hereunto subscribed and set their hands at the North-West Angle of the

Lake of the Woods this day and year herein first above named.

Signed by the Chiefs within named,

in presence of tne following witnesses, Aurx. Morris, L.G., PES]
the same having been first read and J. A. N. Provencuer, Ind Comr.,
explained by the Honorable James| S. J. DAwson,
: his
eae McKay KEE-TA-KAY-PI-NAIS, X
ee ss ; mark.
Moiynevux St. JOHN, as
RopertT PITHER, KITCHI-GAY-KAKE, X
CuRIsTINE V. K. MorRIs, mane
CHARLES NOLIN, | Nowte-Ncouioeneeae
A. McDonatp, Capt., mark.
Comg. Escort to Lieut. Governor. His
Jas. F, GRAHAM MAWE-DO-PE-NAIS, X
J AD. e £ as
Ss ark.
JOSEPH NOLIN, ane
A. McLeonp, Pow-WA-SANG, X

GrorceE MCPHERSON, Sr., mark.

307

SEDLEY BLANCHARD,

W. FRED. BUCHANAN, his

Frank G. BECHER, CANDA-COM-IGO-WI-NINE, xX
ALFRED Copp, M.D., wd mark.
G. S. CorBavLt, PA-PA-SKO-GIN, X

Prerre LEVIELLER, mark.

NIcHOLAS CHATELAINE. ie
MaAY-NO-WAH-TAW-WAYS-KUNG, x
mark.
his
KITCHI-NE-KA-BE-HAN, x
mark,
his
SAH-KATOCH-EWAY, X

mark.
his
MUKA-DAY-WAH-SIN, x
mark.
his
ME-KIE-SIES, x

mark.
his
OOS-CON-NA-GEISH, x
mark,
his
WAH-SHIS-KOUCE, x
mark.
his
KAH-KEE-Y-ASH, x
mark.
his
Go-Bay, x
mark.
his
KA-ME-TI-ASH, x
mark.
his
NEE-SHO-TAL, x
mark,
his
KEE-JEE-GO-KAY, x
mark
his
SHA-SHA-GAUCE, xX
mark.
his
SHAW-WIN-NA-BI-NAIS, xX
mark.
his
AY-ASH-A-WASH, x
mark.
his
PAY-AH-BEE-WASH, xX
mark.
his
KAH-TAY-TAY-PA-O-CUTCH, x
mark,

We, having had communication of the treaty, a certified copy whereof is hereto
annexed, but not having been present at the councils held at the North West Angle
of the Lake of the Woods, between Her Majesty’s Commissioners, and the several
Indian Chiefs and others therein named, at which the articles of the said treaty were
agreed upon, hereby for ourselves and the several bands of Indians which we represent,
in consideration of the provisions of the said treaty being extended to us and the said
bands which we represent, transfer, surrender and relinquish to Her Majesty the
Jueen, Her heirs and successors, to and for the use of Her Government of Her Do-

i—204

308

minion of Canada, all our right, title and privilege whatsoever, which we, the saia
Chiefs and the said bands which we represent have, hold or enjoy, of, in and to the
territory described and fully set out in the said articles of treaty, and every part
thereof. ‘To have and to hold the same unto and to the use of Her said Majesty the
Queen, Her heirs and successors for ever.

And we hereby agree to accept the several provisions, payments and reserves of
as therein stated, and solemnly promise and engage to abide by, carry
cut and fulfil all the stipulations, obligations and-eonditions 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 and
the bands which we represent had been originally contracting parties thereto, and had
been present and attached our signatures to the said treaty.

Ix Wiryess Wuerror, Her Majesty’s said Commissioners and the said Indian
Chiefs have hereunto subscribed and set their hands, this thirteenth day of October,
in the year of Our Lord one thousand eight hundred and seventy-three.

Signed by 8. J. Dawson, Esquire, one of) For and on behalf of the Commissioners,

the said treaty,

Her Majesty’s said Commissioners, for | the Honorable Alexander Morris, Lie t.
and on behalf and with the authority | Governor of Manitoba and tne North-
and consent of the Honorable Alex- | West Territories, Joseph Albert Nor-
ander Morris, Lieutenant Governor of | bert Provencher, Esquire, and the un-
Manitoba and the North-West Terri-| dersigned
tories, and J. A. N. Provencher. Esq..| S. J. DAwSoNn.
the remaining two Commissioners, + Commissioner.
and himself and by the Chiefs within | his
named, on behalf of themselves and| Pay-BA-MA-CHAS, X
the several bands which they represent,| i
the same and the annexed certified| KE-BA-GUIN, X
copy of articles of treaty having been| mark.
first read and explained in presence of | ‘ _ his
: ME-TAS-SO-QUE-NE-SKANK, X
the following witnesses: J es
Tuos. A. P. Towers,
JoHN AITKEN,
A. F. MacDoneEt..
Nuzzaui.
his
JAMES SAGANOSH, X
mark.
PIULLSISE.
To §. J. Dawson, Esquire, Indian Commissioner, &c., &e., &e. ‘

Sir.—We hereby authorize you to treat with the various bands belonging to the
Salieaux Tribe of the Ojibbeway Indians inhabiting the North-West Territories of
the Dominion of Canada not ‘ncluded in the foregoing certified copy of articles of

treaty, upon the same conditions and stipulations as are therein agreed upon, and to
and execute for us and in our name and on our behalf the foregoing agreement

sign
annexed to the foregoing treaty. :
ALEX. MORRIS, :
Nortu-WeEst ANGLE, LAKE 9F THE Woops, Lieutenant-Governor. 3
October 4th, A.D. 1878. J. A. N. PROVENCHER, *
Recorded 27th October, 1874. Indian Commissioner.
Lib. 27, Folio 38. ;
R. W. Scott,
Secretary of State and Registrar-General of Canada. :
ris

(A). .
Agreement made and entered into this twelfth day of

This Memorandum otf :
ght hundred and seventy-five, between Nicholas Chate-

September one thousand el

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309

——

laine, Indian interpreter at Fort Francis and the Rainy River and acting herein
solely in the latter capacity for and as representing the said Half-breeds, on the one
part, and John Stoughton Dennis, Surveyor General of Dominion Lands, as repre-
senting Her Majesty the Queen through the Government of the Dominion, of the other
part, Witnesseth as follows :—

Whereas the Half-breeds above described, by virtue of their Indian blood, claim
a certain interest or title in the lands or territories in the vicinity of Rainy Lake
and the Rainy River, for the commutation or surrender of which claims they ask
compensation from the Government. é

And whereas, having fully and deliberately discussed and considered the matter,
the said Half-breeds have elected to join in the treaty made between the Indians and
Her Majesty, at the North-West Angle of the Lake of the Woods, on the third day
of October, 1873, and have expressed a desire thereto, and to become subject to the
terms and conditions thereof in all respects saving as hereinafter set forth.

It is now hereby agreed upon by and between the said parties hereto (this agree-
ment, however, to be subject in all respects to approval and confirmation by the Govy-
ernment, without which the same shall be considered as void and of no effect), as
follows, that is to say: ‘he Half-breeds, through Nicholas Chatelaine, their Chief
above named, as representing them herein, agree as follows, that is to say :—

That they hereby fully and voluntarily surrender to Her Majesty the Queen to be
held by Her Majesty and Her successors for ever, any and all claim, right, title or
interest which they, by virtue of their Indian blood, have or possess in the lands or
territories above described, and solemnly promise to observe all the terms and condi-
tions of the said treaty (a copy whereof, duly certified by the Honourable the Secre-
tary of State of the Dominion has been this day placed in the hands of the said
Nicholas Chatelaine.)

In consideration of which Her Majesty agrees as follows, that is vo say :—

That the said Half-breeds, keeping and observing on their part the terms and
conditions of the said treaty shall receive compensation in the way of reserves of
land, payments, annuities and presents, in manner similar to that set forth in the
several respects for the Indians in the said treaty ; it being understood, however,
that any sum expended annually by Her Majesty in the purchase of ammunition and
twine for nets for the use of the said Half-breeds shall not be taken out of the fifteen
hundred dollars set apart by the treaty for the purchase annually of those articles
for the Indians, but shall be in addition thereto, and shall be a pro rata amount in
the proportion of the number of Half-breeds parties hereto to the number of Indians
embraced in the treaty ; and it being further understood that the said Half-breeds
shall be entitled to all the benefits of the said treaty as from the date thereof, as
regards payments and annuities, in the same manner as if they had been present and
had become parties to the same at the time of the making thereof.

And whereas the said Half-breeds desire the land set forth as tracts marked (A)
and (B) on the rough diagram attached hereto, and marked with the initials of the
parties aforementioned to this agreement, as their reserves (in al! eighteen square
miles), to which they would be entitled under the provisions of the treaty, the same
is hereby agreed to on the part of the Government.

Should this agreement be approved by the Government, the reserves as above to
be surveyed in due course.

Signed at Fort Francis, the day] J. S. DENNIS, [L.8.]
and date above mentioned,  } his i: x
in presence of us as witnesses :] NICHOLAS x CHATELAINE. [L.8.]

eek. LILLIE, oC

Cras. S. Crowe,
W. B. RicHarpson,
L. Krrtson.

Note.—See also Adhesion of 9th June, 1874, p. 319, vol. II.