TREATY No. 11 (JUNE 27, 1921) AND ADHESION
(JULY 17, 1922) WITH REPORTS, ETC.
------
REPORT OF THE COMMISSIONER FOR TREATY No. 11
OTTAWA, October 12, 1921. D. C. Scott, Esq., Deputy
Superintendent General, Department of Indian Affairs,
Ottawa.
SIR,--I have the honour to submit herewith
the report on treaty made by me on authority granted by Order in
Council, dated March 14, last, as Commissioner to negotiate a
treaty with the Indians occupying the territory north of the
60th parallel and along the Mackenzie river and the Arctic
ocean.
I left Edmonton on June 8, 1921, accompanied
by Inspector W. B. Bruce, Constable Wood and Constable Campbell,
of the Royal Canadian Mounted Police. Constable Campbell acted
as my clerk for the summer.
Arriving at Fort McMurray on June 11, we left
there on the 14th in a houseboat, the property of the Hudson's
Bay Company, which company had made all arrangements for the
transportation of the treaty party during the summer in the
North.
We arrived at Fort Fitzgerald on June 18,
crossed the portage to Fort Smith, and boarded the ss. Mackenzie
River on June 20 for Fort Providence, at which place the first
adhesion to Treaty 11 was to be taken. July 5 was the date set
for the meeting of the Indians and myself to take place at Fort
Providence, and, in order to arrive in good time, I thought it
better for me and my party to proceed there by the ss. Mackenzie
River, and let the houseboat take us up again at this point. The
transportation of the houseboat across the portage at Fort Smith
took several days.
On our arrival at Fort Providence, on June
20, I found the Indians were not at the post, as we were there
before the date set for the meeting, so word was sent of my
arrival, and the majority of the Providence Indians living at
Willow Lake arrived on June 25, those at Trout Lake not till
July 2. I had several meetings with them, and explained the
terms of treaty. They were very apt in asking questions, and
here, as in all the other posts where the treaty was signed, the
questions asked and the difficulties encountered were much the
same. The Indians seemed afraid, for one thing, that their
liberty to hunt, trap and fish would be taken away or curtailed,
but were assured by me that this would not be the case, and the
Government will expect them to support themselves in their own
way, and, in fact, that more twine for nets and more ammunition
were given under the terms of this treaty than under any of the
preceding ones; this went a long way to calm their fears. I also
pointed out that any game laws made were to their advantage,
and, whether they took treaty or not, they were subject to the
laws of the Dominion. They also seemed afraid that they would be
liable for military service if the treaty was signed, that they
would be confined on the reserves, but, when told that they were
exempt from military service, and that the reserves mentioned in
the treaty would be of their own choosing, for their own use,
and not for the white people, and that they would be free to
come and go as they pleased, they were satisfied.
Practically all the bands dealt with wanted
more provision for medical attendance at each post, schools for
their children, and supplies for their old and destitute.
I pointed out that they were still able to
make their own living, and that Dr. A. L. McDonald, of the
Indian Department, was then with me, and that they could see
him, and that he would attend them free if they wished, but that
it was impossible for the Government to furnish regular medical
attention, when they were occupying such a vast tract of
territory. Schools were already established, and their children
receiving free education, and supplies were left at each point
for the sick and destitute.
The treaty was signed at Fort Providence on
June 27, and the following were paid:--
1 Chief, 2 Headmen, and 255 others.
Our houseboat arrived on July 5, and we left
Providence for Fort Simpson on the 7th, securing adhesion to the
treaty there on July 11.
1 Chief, 2 Headmen, and 344 other Indians
were paid.
Adhesions to the treaty were obtained at Fort
Wrigley on July 13.
1 Headman, and 77 others were paid.
At Fort Norman on July 15,--
1 Chief, 2 Headmen, and 205 others were paid.
At Good Hope, July 21,--
1 Chief, 1 Headman, and 208 others were paid.
At Arctic Red River on July 26,--
1 Chief, 1 Headman, and l69 others were paid.
At Fort McPherson on July 28,--
1 Chief, 1 Headman, and 217 others were paid.
At Fort Rae on August 22,--
1 Chief 2 Headmen, and 440 others were paid.
Practically all the Indians were dealt with
at Fort Providence, Simpson, Wrigley, Arctic Red River and
McPherson, and about 65 per cent at Fort Norman, Fort Good Hope
and Rae, the remainder of these Indians having been at these
posts in the spring and left word that they were willing to take
treaty, but had to return to their hunting grounds for their
summer's work.
At Fort Rae is the largest band of Indians,
about 800, and this is the most inaccessible, being on the arm
of Great Slave lake, difficulty in crossing this lake being
experienced, more especially in the late summer and fall on
account of storms, our party being stormbound at Hay River for
five days prior to crossing. These Indians hunt in every
direction from the fort, some as far as 200 miles, and only come
to the post in spring to trade their furs, so that, in future, I
would suggest that this be the first post visited when making
payments.
We crossed the lake from Hay River to Rae in
the Hudson Bay schooner Fort Rae, leaving our houseboat to take
us up at Resolution, from which place we went on August 25,
arriving at Fort Smith on August 30, Fort McMurray and Edmonton
in September.
I much regret that I was unable, owing to the
lack of time, to visit Fort Liard, and secure adhesion to the
treaty by the Indians at that point, although they had sent word
to Fort Simpson of their willingness to accept the same. I
considered it advisable to proceed to Great Slave Lake, and
cross to Fort Rae at the first opportunity, as the season was
getting late.
Dr. A. L. McDonald joined the party at Fort
Providence, and accompanied it to Good Hope, at that place
having to return to Fort Resolution on account of smallpox
having been reported, which report, fortunately, proved untrue.
He joined the party again at Hay River, and remained with it
until arrival at his headquarters at Fort Smith.
I was very glad to be accompanied by His
Lordship Bishop Breynat, O.M.I., who has considerable influence
with the Indians in the North, and would like here to express my
appreciation of the help and hospitality accorded to me and my
party in his missions, and I desire also to express my
appreciation of the services rendered by Inspector Bruce, of the
Royal Canadian Mounted Police, and by his party. Constables
Woods and Campbell performed their duties in the most creditable
manner.
H. A. CONROY Commissioner, Treaty No. 11.
***
TREATY NUMBER ELEVEN
ARTICLES OF A TREATY made and concluded on
the several dates mentioned therein in the year of Our Lord One
thousand Nine hundred and Twenty-One, between His Most Gracious
Majesty George V, King of Great Britain and Ireland and of the
British Dominions beyond the Seas, by His Commissioner, Henry
Anthony Conroy, Esquire, of the City of Ottawa, of the One Part,
and the Slave, Dogrib, Loucheux, Hare and other Indians,
inhabitants of the territory within the limits hereinafter
defined and described, by their Chiefs and Headmen, hereunto
subscribed, of the other part:-- WHEREAS, the Indians inhabiting
the territory hereinafter defined have been convened to meet a
commissioner representing His Majesty's Government of the
Dominion of Canada at certain places in the said territory in
this present year of 1921, to deliberate upon certain matters of
interest to His Most Gracious Majesty, of the one part, and the
said Indians of the other.
AND WHEREAS, the said Indians have been
notified and informed by His Majesty's said commissioner that it
is His desire to open for settlement, immigration, trade,
travel, mining, lumbering and such other purposes as to His
Majesty may seem meet, a tract of country bounded and described
as hereinafter set forth, and to obtain the consent thereto of
His Indian subjects inhabiting the said tract, and to make a
treaty, so that there may be peace and good-will between them
and His Majesty's other subjects, and that His Indian people may
know and be assured of what allowances they are to expect and
receive from His Majesty's bounty and benevolence.
AND WHEREAS, the Indians of the said tract,
duly convened in council at the respective points named
hereunder, and being requested by His Majesty's Commissioner, 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 His Majesty for
the faithful performance by their respective bands of such
obligations as shall be assumed by them, the said Indians have
therefore acknowledged for that purpose the several chiefs and
Headmen who have subscribed thereto.
AND WHEREAS the said Commissioner has
proceeded to negotiate a treaty with the Slave, Dogrib, Loucheux,
Hare and other Indians inhabiting the district hereinafter
defined and described, which has been agreed upon and concluded
by the respective bands at the dates mentioned hereunder, the
said Indians do hereby cede, release, surrender and yield up to
the Government of the Dominion of Canada, for His Majesty the
King and His Successors forever, all their rights, titles, and
privileges whatsoever to the lands included within the following
limits, that is to say:
Commencing at the northwesterly corner of the
territory ceded under the provisions of Treaty Number Eight;
thence northeasterly along the height-of-land to the point where
it intersects the boundary between the Yukon Territory and the
Northwest Territories; thence northwesterly along the said
boundary to the shore of the Arctic ocean; thence easterly along
the said shore to the mouth of the Coppermine river; thence
southerly and southeasterly along the left bank of said river to
Lake Gras by way of Point lake; thence along the southern shore
of Lake Gras to a point situated northwest of the most western
extremity of Aylmer lake; thence along the southern shore of
Aylmer lake and following the right bank of the Lockhart river
to Artillery lake; thence along the western shore of Artillery
lake and following the right bank of the Lockhart river to the
site of Old Fort Reliance where the said river enters Great
Slave lake, this being the northeastern corner of the territory
ceded under the provisions of Treaty Number Eight; thence
westerly along the northern boundary of the said territory so
ceded to the point of commencement; comprising an area of
approximately three hundred and seventy-two thousand square
miles.
AND ALSO, the said Indian rights, titles and
privileges whatsoever to all other lands wherever situated in
the Yukon Territory, the Northwest Territories or in any other
portion of the Dominion of Canada.
To have and to hold the same to His Majesty
the King and His Successors forever.
AND His Majesty the King hereby agrees with
the said Indians that they shall have the right to pursue their
usual vocations of hunting, trapping and fishing throughout the
tract surrendered as heretofore described, subject to such
regulations as may from time to time be made by the Government
of the Country acting under the authority of His Majesty, and
saving and excepting such tracts as may be required or taken up
from time to time for settlement, mining, lumbering, trading or
other purposes.
AND His Majesty the King hereby agrees and
undertakes to lay aside reserves for each band, the same not to
exceed in all one square mile for each family of five, or in
that proportion for larger or smaller families;
PROVIDED, however, that His Majesty reserves
the right to deal with any settlers within the boundaries of any
lands reserved for any band as He may see fit; and also that the
aforesaid reserves of land, or any interest therein, may be sold
or otherwise disposed of by His Majesty's Government for the use
and benefit of the said Indians entitled thereto, with their
consent first had and obtained; but in no wise shall the said
Indians, or any of them, be entitled to sell or otherwise
alienate any of the lands allotted to them as reserves.
It is further agreed between His Majesty and
His Indian subjects that such portions of the reserves and lands
above indicated as may at any time be required for public works,
buildings, railways, or roads of whatsoever nature may be
appropriated for that purpose by His Majesty's Government of the
Dominion of Canada, due compensation being made to the Indians
for the value of any improvements thereon, and an equivalent in
land, money or other consideration for the area of the reserve
so appropriated.
And in order to show the satisfaction of His
Majesty with the behaviour and good conduct of His Indian
subjects, and in extinguishment of all their past claims
hereinabove mentioned, He hereby, through his Commissioner,
agrees to give to each Chief a present of thirty-two dollars in
cash, to each Headman, twenty-two dollars, and to every other
Indian of whatever age of the families represented, at the time
and place of payment, twelve dollars.
HIS MAJESTY, also agrees that during the
coming year, and annually thereafter, He will cause to be paid
to the said Indians in cash, at suitable places and dates, of
which the said Indians shall be duly notified, to each Chief
twenty-five dollars, to each Headman fifteen dollars, and to
every other Indian of whatever age five dollars, to be paid only
to heads of families for the members thereof, it being provided
for the purposes of this Treaty that each band having at least
thirty members may have a Chief, and that in addition to a
Chief, each band may have Councillors or Headmen in the
proportion of two to each two hundred members of the band.
FURTHER, His Majesty agrees that each Chief
shall receive once and for all a silver medal, a suitable flag
and a copy of this Treaty for the use of his band; and during
the coming year, and every third year thereafter, each Chief and
Headman shall receive a suitable suit of clothing.
FURTHER, His Majesty agrees to pay the
salaries of teachers to instruct the children of said Indians in
such manner as His Majesty's Government may deem advisable.
FURTHER, His Majesty agrees to supply once
and for all to each Chief of a band that selects a reserve, ten
axes, five hand-saws, five augers, one grindstone, and the
necessary files and whetstones for the use of the band.
FURTHER, His Majesty agrees that, each band
shall receive once and for all equipment for hunting, fishing
and trapping to the value of fifty dollars for each family of
such band, and that there shall be distributed annually among
the Indians equipment, such as twine for nets, ammunition and
trapping to the value of three dollars per head for each Indian
who continues to follow the vocation of hunting, fishing and
trapping.
FURTHER, His Majesty agrees that, in the
event of any of the Indians aforesaid being desirous of
following agricultural pursuits, such Indians shall receive such
assistance as is deemed necessary for that purpose.
AND the undersigned Slave, Dogrib, Loucheux,
Hare and other Chiefs and Headmen, on their own behalf and on
behalf of all the Indians whom they represent, do hereby
solemnly promise and engage to strictly observe this Treaty, and
also to conduct and behave themselves as good loyal subjects of
His Majesty the King.
THEY promise and engage that they will, in
all respects, obey and abide by the law; that they will maintain
peace between themselves and others of His Majesty's subjects,
whether Indians, half-breeds or whites, now inhabiting and
hereafter to inhabit any part of the said ceded territory; that
they will not molest the person or property of any inhabitant of
such ceded tract, or of any other district or country, or
interfere with, or trouble any person passing or travelling
through the said tract or any part thereof, and that they will
assist the officers of His Majesty in bringing to justice and
punishment any Indian offending against the stipulations of this
Treaty, or infringing the law in force in the country so ceded.
IN WITNESS WHEREOF, His Majesty's said
Commissioner and the said Chiefs and Headmen have hereunto set
their hands at the places and times set forth in the year herein
first above written.
SIGNED AT PROVIDENCE on the twenty-seventh
day of June, 1921, by His Majesty's Commissioner and the Chiefs
and Headmen in the presence of the undersigned witnesses, after
having been first interpreted and explained.
SIGNED at Simpson on the eleventh day of
July, 1921, by His Majesty's Commissioner and the Chiefs and
Headmen in the presence of the undersigned witnesses, after
having been first interpreted and explained.
SIGNED at Wrigley on the thirteenth day of
July, 1921, by His Majesty's Commissioner and the Chiefs and
Headmen in presence of the undersigned witnesses, after having
been first interpreted and explained.
SIGNED at Norman on the fifteenth day of
July, 1921, by His Majesty's Commissioner and the Chiefs and
Headmen in the presence of the undersigned witnesses, after
having been first interpreted and explained.
SIGNED at Good Hope on the twenty-first day
of July, 1921, by His Majesty's Commissioner and the Chiefs and
Headmen in the presence of the undersigned witnesses, after
having been first interpreted and explained.
SIGNED at Arctic Red River on the
twenty-sixth day of July, 1921, by His Majesty's Commissioner
and the Chiefs and Headmen in the presence of the undersigned
witnesses, after having been first interpreted and explained.
SIGNED at McPherson on the twenty-eighth day
of July, 1921, by His Majesty's Commissioner and the Chiefs and
Headmen in the presence of the undersigned witnesses, after
having been first interpreted and explained.
SIGNED at Liard on the day of, 1921, by His
Majesty's Commissioners and the Chiefs and Headmen in the
presence of the undersigned witnesses, after having been first
interpreted and explained.
Witnesses:
SIGNED at Rae on the twenty-second day of
August, 1921, by His Majesty's Commissioner and the Chiefs and
Headmen in the presence of undersigned witnesses, after having
been first interpreted and explained.
***
ORDER IN COUNCIL RATIFYING TREATY No. 11 P.C.
3985
PRIVY COUNCIL CANADA AT THE GOVERNMENT HOUSE
AT OTTAWA, SATURDAY, the 22nd day of October, 1921.
PRESENT: HIS EXCELLENCY THE GOVERNOR GENERAL
IN COUNCIL
WHEREAS the Superintendent General of Indian
Affairs submits herewith Treaty Number Eleven made, in
accordance with the terms of Order in Council of 14th March,
1921 (P.C. 686), by Henry Anthony Conroy, Esquire, who was
appointed a Commissioner by the said Order in Council, to
negotiate with the Slave, Dogrib, Loucheux, Hare and other
Indians for the cession by the said Indians to the Crown of all
their rights, titles and privileges whatsoever in the territory
north of the sixtieth parallel and along the Mackenzie river and
the Arctic ocean in the Dominion of Canada.
THEREFORE His Excellency the Governor General
in Council, on the recommendation of the Superintendent General
of Indian Affairs, is pleased to ratify the said Treaty Number
Eleven, made and negotiated as hereinbefore recited, and the
same is hereby ratified and confirmed accordingly.
RODOLPHE BOUDREAU, Clerk of the Privy
Council.
The Honourable The Superintendent General of
Indian Affairs.
Owing to the death of Commissioner Conroy on
April 27, 1922, and to the fact that he had not had an
opportunity during the summer of 1921 of obtaining the adhesion
to the Treaty by the Slave Indians of the Liard district, it was
necessary to make other arrangements. Accordingly the authority
of His Excellency the Governor General in Council was obtained
for the appointment of T. W. Harris, Indian agent at Fort
Simpson, N.W.T., as Commissioner to secure this adhesion.
Following is a copy of the Order in
Council:--
P.C. 993
CERTIFIED COPY of a Report of the Committee
of the Privy Council approved by His Excellency the Governor
General on the 9th May, 1922
The Committee of the Privy Council have had
before them a Report, dated 2nd May, 1922, from the
Superintendent General of Indian Affairs, submitting, with
reference to Order in Council of the 14th March, 1921, under
which Mr. H. A. Conroy, Inspector for Treaty No. 8, was
authorized to act as Commissioner to negotiate a Treaty (known
as Treaty No. 11) with the Indians occupying the territory north
of the 60th parallel and along the Mackenzie river to the Arctic
coast, that owing to lack of time Mr. Conroy was unable to visit
the Fort Liard Indians last year with a view to securing their
adhesion to the treaty. The Minister states that owing to Mr.
Conroy's death, which occurred on the 27th April, 1922, it is
essential that someone should be deputed to complete the treaty
negotiations.
The Minister, therefore, recommends that Mr.
T. W. Harris, Indian agent at Fort Simpson, N.W.T., be
authorized to complete the work entrusted to the late Mr. Conroy
in connection with the treaty above mentioned.
The Committe concur in the foregoing
recommendation and submit the same for approval.
RODOLPHE BOUDREAU, Clerk of the Privy
Council.
The Honourable The Superintendent General of
Indian Affairs.
Accordingly Commissioner Harris, accompanied
by His Lordship Bishop Breynat and Reverend Father Moisan,
visited Fort Liard on July 17th. The terms of the treaty having
been explained by the Commissioner, the Chief and Headmen, who
had previously been elected, signed the treaty on behalf of the
Indians as indicated in the following Indenture:-- SIGNED at
Liard on the seventeenth day of July, 1922, by His Majesty's
Commissioner and the Chiefs and Headmen in the presence of the
undersigned witnesses, after having been first interpreted and
explained.
***
ORDER IN COUNCIL RATIFYING ADHESION TO TREATY
No. 11 March 29, 1923.
The Committee of the Privy Council, on the
recommendation of the Superintendent General of Indian Affairs,
submit herewith for ratification and confirmation by Your
Excellency in Council, an instrument, in duplicate, containing
the adhesion to Treaty No. 11 of the Indians of Fort Liard taken
the seventeenth day of July, 1922, by Mr. T. W. Harris, who was
appointed by an Order of Your Excellency in Council of 9th May,
1922 (P.C. No. 993), as His Majesty's Commissioner to take the
said adhesion; one copy of the instrument to be returned to the
Department of Indian Affairs and the other to be kept on record
in the Privy Council Office.
(Sgd.)RODOLPHE BOUDREAU, Clerk of the Privy
Council.
The Honourable The Superintendent General of
Indian Affairs.
