The Treaties of Canada with the Indians of Manitoba and the North-West Territories Part 34

PAQWATCHININI. " x " [L. S.]

MASHEKYASH. " x " [L. S.]

IDOWEKESIS. " x " [L. S.]

WAQUACOMICK. " x " [L. S.]

MISHOQUETTO. " x " [L. S.]

ASA WASWANAY. " x " [L. S.]

PAWISS. " x " [L. S.]

OCHEEK. " x " [L. S.]

METIGOMIN. " x " [L. S.]

WATACHEWANA. " x " [L. S.]

MIMEWAWAPENa.s.sE. " x " [L. S.]

SHENAOQUM. " x " [L. S.]

ONINGEGUN. " x " [L. S.]

PANAISSY. " x " [L. S.]

PAPASAINSE. " x " [L. S.]

ASHEWASEGA. " x " [L. S.]

KAGISHEWAWETUNG " x " [L. S.]

(by Baboncung).

SHAWONEBIN. " x " [L. S.]

Signed, sealed and delivered at Sault Ste. Marie, the day and year first above written, in presence of

(Signed) ASTLEY P. COOPER, Capt. Rifle Brig.

GEORGE IRONSIDE, S. I. Affairs.

F. W. BALFOUR, Lieut. Rifle Brig.

ALLAN MACDONELL.

GEO. JOHNSON, Interpreter.

LOUIS CADOTT.

J. B. a.s.sIKINACK.

T. W. KEATING.

JOS. WILSON.

Witnesses to signatures of Muckata Mishaquet, Mekis, Mishoquetto, Asa Waswanay, and Pawiss--

T. G. ANDERSON, S. I. A.

W. B. HAMILTON.

W. SIMPSON.

ALFRED A. THOMPSON.

THE MANITOULIN ISLAND TREATY

Articles of agreement and convention made and concluded at Manitowaning, on the Great Manitoulin Island, in the Province of Canada, the sixth day of October, Anno Domini 1862, between the Hon. William McDougall, Superintendent-General of Indian Affairs, and William Spragge, Esquire, 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, Oke-mah-be-ness, J. B.

a.s.siginock, Benjamin a.s.siginock, Mai-be-nesse-ma, She-no-tah-gun, George Ah-be-tos-o-wai, Paim-o-quo-waish-gung, Abence, Tai-bose-gai, Ato-wish-cosh, Nai-wan-dai-ge-zhik, Wan-kan-o-say, Keesh-kewan-bik, Chiefs and princ.i.p.al 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 t.i.tle 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 princ.i.p.al men of the Ottawas and Chippewas then occupying and claiming t.i.tle thereto, in order that the same might "be made the property (under their Great Father's control) 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 a.s.sign 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 cultivation 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 a.s.sented to the same as respects all other portions thereof; and whereas the Chiefs and princ.i.p.al 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 consideration of such sums as may be realized from time to time as interest upon the purchase 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 the right, t.i.tle, 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 appertinent 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 conveniently may be, 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 land; to be selected and located under the following rules and conditions: Each Indian ent.i.tled to land under this agreement may make his own selection of any land on the Great Manitoulin Island:

Provided, 1st. 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. 2nd. 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. 3rd. That selections for orphan children may be made by their friends, subject to the approval of the Resident Superintendent. 4th. Should any lot or lots, selected as aforesaid, be contiguous to any bay or harbor, 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 public, 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 such 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. 5th. 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 ent.i.tled to make selections as aforesaid.

Thirdly--The interests which may accrue from the investment of the proceeds of sales of lands 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 ent.i.tled 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 thereon, may be exercised and enjoyed by the Indians.

Seventhly--That portion of the Island easterly of Heywood Sound and Manitoulin Gulf, and the Indians now residing there, are exempted from the operation of this agreement as respects survey, sale of lots, granting deeds to Indians, and payment 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 any Indians ent.i.tled 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 princ.i.p.al 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 portions thereof, and the Indians there shall be ent.i.tled to the same privileges in every respect from and after the date of 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 parties as soon as the same shall be approved by the Governor in Council.

In witness whereof the said Superintendent-General of Indian affairs, and Deputy Superintendent, and the undersigned Chiefs and princ.i.p.al men of the Ottawa, Chippewa and other Indians have hereto set their hands and seals at Manitowaning, the sixth day of October, in the year first above written.

(Signed) WM. McDOUGALL. [L. S.]

WM. SPRAGGE [L. S.]

J. B. a.s.sIGINACK. [L. S.]

MAISHEGUONG-PAI. [L. S.]

OKEMAHBENESS. [L. S.]

BENJAMIN a.s.sIGINACK. [L. S.]

WAIBENESSIENNE. [L. S.]

SHEWETOGUN. [L. S.]

GEORGE WEBETOOSOWN. [L. S.]

PAIMOQUONAISHKING. [L. S.]

ABENCE. [L. S.]

TAIBOSEGAI. [L. S.]

ATOWISHCOSTE. [L. S.]

WETCOWSAI. [L. S.]

KUSHKEWABIE. [L. S.]

BAIBONISAI. [L. S.]

KEGHIKG.o.dONESS. [L. S.]

PALTAHDOGINSHKING. [L. S.]

Executed in the presence of (having been first read, translated and explained):