TREATY No. 10
AND
REPORTS OF COMMISSIONERS
LAYOUT IS NOT EXACTLY LIKE ORIGINAL
TRANSCRIBED FROM:
Reprinted from the edition of 1907 by © ROGER
DUHAMEL, F.R.S.C. QUEEN'S PRINTER AND CONTROLLER OF STATIONERY
OTTAWA, 1966
Cat. No.: Ci 72-1066
IAND Publication No. QS-2048-000-EE-A-11
----------------------------------------------------------------------------
ORDER IN COUNCIL SETTING UP COMMISSION FOR
TREATY No. 10
P.C. No. 1459
On a Report dated 12th July 1906, from the
Superintendent General of Indian Affairs, stating that the
aboriginal title has not been extinguished in the greater
portion of that part of the Province of Saskatchewan which lies
north of the 54th parallel of latitude and in a small adjoining
area in Alberta; that the Indians and Half-breeds of that
territory are similarly situated to those whose country lies
immediately to the south and west, whose claims have already
been extinguished by, in the case of those who are Indians, a
payment of a gratuity and annuity and the setting aside of lands
as reserves, and in the case of those who are Half-breeds, by
the issue of scrip; and they have from time to time pressed
their claims for settlement on similar lines; that it is in the
public interest that the whole of the territory included within
the boundaries of the Provinces of Saskatchewan and Alberta
should be relieved of the claims of the aborigines; and that
$12,000.00 has been included in the estimates for expenses in
the making of a treaty with Indians and in settling the claims
of the Half-breeds and for paying the usual gratuities to the
Indians.
The Minister recommends as follows:
1. That a Treaty be made with the Indians of
the aforesaid territory, which is situated partly in the
Province of Saskatchewan and partly in the Province of Alberta,
and lying to the east of Treaty 8, and to the north of Treaties
5 and 6, and the addition to Treaty 6, which territory contains,
approximately, an area of 85,000 square miles; and that the
Treaty provide:
a. for the setting aside of reserves of an
area not to exceed one square mile for each family of five for
such number of families as may elect to reside on reserves, or
in that proportion for larger or smaller families, and for such
Indian families or individual Indians as prefer to live apart
from band reserves, the setting aside of lands in severalty to
the extent of 160 acres for each Indian with a proviso as to
non-alienation without the consent of the Governor in Council;
b. for the payment at the time of the making
of the Treaty of $32.00 in cash to each Chief, and $22.00 to
each headman, and $12.00 to every other Indian of whatever age,
and the payment every year thereafter of $25.00 to each Chief,
$15.00 to each headman and $5.00 to every other Indian of
whatever age;
c. for the making of such provision as may
from time to time be deemed advisable for the education of the
Indian children; and
d. for the affording of such assistance as
may be found necessary or desirable to advance the Indians in
farming or stock-raising or other work.
2. That the Half-breeds of the territory
aforesaid be granted scrip redeemable to the amount of $240.00
in payment for Dominion Land or locatable for 240 acres of
Dominion Land in the form and according to the rules followed in
the issue of scrip to the Half-breeds in the territory covered
by Treaty 8, which are as follows:
a. Every Half-breed resident in the territory
to be covered by the proposed Treaty at the time of the making
thereof whose claim has not been extinguished either by the
issue of scrip to himself or his parents or otherwise to be
granted scrip as aforesaid for land or money as he, or his
parent or guardian, if he be under eighteen years of age, may
elect;
b. The extinguishment of the claim of one
parent shall not be held to debar from scrip any Half-breed who
is a resident of the said territory at the time of the making of
the Treaty;
c. In case of Half-breeds whose claims were
previously extinguished and who may be residents of the said
territory those of their children born in the territory or in
any ceded portion of the North West outside the old boundaries
of Manitoba between the 15th of July, 1870, and the end of the
year 1885 are, if they have not previously received scrip, to be
recognized as entitled to scrip, as they would have been
recognized had their claims been presented to the Commission
appointed to dispose of such claims;
d. The certificates for scrip issued in
favour of Half-breeds under eighteen years of age shall be
delivered to the father, if he be alive, and if not to the
mother or guardian.
The Minister further recommends that James
Andrew Joseph McKenna, of the City of Winnipeg, in the Province
of Manitoba, be appointed Commissioner, to make the proposed
Treaty with the Indians of the territory described herein, and
to hear and determine the claims of the Half-breeds therein and
issue scrip as aforesaid to those of them whom he may find to be
entitled; Mr. McKenna to be allowed in addition to his regular
salary extra remuneration at the rate of $5.00 per diem.
[Image] The Committee submit the same for
approval.
WILFRID LAURIER
----------------------------------------------------------------------------
RATIFICATION OF TREATY No. 10
P.C. No. 2490
On a Memorandum dated 7th November, 1907, the
Superintendent General of Indian Affairs, submitting herewith
for Your Excellency's consideration Treaty No. 10 made in 1906
by the Commissioner, James Andrew Joseph McKenna, Esquire, who
was appointed to negotiate the same with the Chipewyan, Cree and
other Indian inhabitants of the territory situated partly in the
Province of Saskatchewan and partly in the Province of Alberta
and lying to the east of Treaty No. 8 and to the north of
Treaties Nos. 5 and 6 and the addition to Treaty No. 6 described
in the said Treaty.
The Minister also submits adhesions to the
said Treaty, taken by Thomas Alexander Borthwick, Esquire, who
was appointed a Commissioner to take the same during the summer
of 1907 from such of the Indians of the Tribes above referred to
as were not met with by Commissioner McKenna.
The Minister recommends that the said Treaty,
and the adhesions thereto, be approved by Your Excellency in
Council; the original Treaty and adhesions to be returned to the
Department of Indian Affairs and the copy thereof to be Kept of
record in the Privy Council Office.
The Committee submit the same for approval
accordingly.
WILFRID LAURIER
REPORT OF FIRST COMMISSIONER FOR TREATY No.
10.
OTTAWA, January 18, 1907.
The Hon. Frank Oliver, [Image] Superintendent
General of Indian Affairs, [Image] Ottawa.
SIR, --- I have the honour to transmit
herewith the treaty which, under the commission issued to me
July 20, 1906, I made with the Chipewyan Indians of English
River and Clear Lake and the Crees of Canoe Lake, in the
northern part of Saskatchewan.
The arrangements which I made for meeting the
Indians, of which they were advised, provided that the first
meeting was to be at Portage la Loche on September 3, but
unfavourable weather and the action of the Indians themselves
made it impossible to carry out my programme.
On reaching Isle ą la Crosse on August 26, en
route to Portage la Loche, I found that all the Chipewyans from
English River and some ten families from Clear Lake were
gathered there, waiting for the commission, which was announced
to be at that point on September 13. These Indians urged
strongly that they be treated with at once, on the ground that
they had been gathered there for several days, that their
supplies were getting low, that it was necessary that they
should return to their hunting grounds without further delay,
that they had come long distances, and that they would have to
travel far before reaching their winter quarters.
I decided to accede to their request, and met
them on August 28, 1906.
It appeared for a time as if there would be
some considerable difficulty in effecting a settlement on the
lines of the treaty, for it was evident from the trend of the
talk of the leaders among the Indians that there had been at
work an influence which tended to make them regard the treaty as
a means of enslaving them. I was able to disabuse their minds of
this absurd notion and to make it clear that the government's
object was simply to do for them what had been done for
neighbouring Indians when the progress of trade or settlement
began to interfere with the untrammelled exercise of their
aboriginal privileges as hunters.
By the end of the day, the treaty was signed
and the annuity and gratuity moneys paid.
The number of Indians paid at this point was:
[Image]
The chief of the Clear Lake band, who was
empowered to speak for his people, requested that the remainder
of the band be paid at Buffalo Narrows, where they would gather
to meet me on the return journey from Portage la Loche.
After treating with these Indians, I left
Isle ą la Crosse on August 30 for Portage la Loche, at which
point I was due on September 3; but for the reasons given above,
I did not reach there until the 5th.
The people at this point were all half-breeds
and were dealt with as such.
On the 8th of the same month, I left for la
Loche mission, across la Loche lake, a distance of nine miles,
where more half-breeds had to be met and dealt with. There were
at this point three aged Chipewyan women who desired to be
attached to the Clear Lake band, and I entered them as members
and paid them treaty.
Having completed my work at la Loche mission
on the 11th, I started on my return journey to Isle ą la Crosse,
reaching Buffalo Narrows on the evening of the 16th. The chief
of the Clear Lake band and those of his people who had not yet
been paid treaty were gathered here. I met them the following
day; found them satisfied with the action of their chief in
becoming a party to the treaty, and paid the gratuity and
annuity.
The number of Indians paid at this point,
including three members of the band at Bull's House, was: ---
110 Indians at $12, $1,320.
At the request of the chief, the appointment
of headmen was deferred until next treaty payments, as the
Indians were not then prepared to make their selections.
After completing the work at Buffalo Narrows,
I pushed on to Isle ą la Crosse, a distance of fifty-five miles,
arriving there the same night. I met the Cree Indians of Canoe
Lake the next day and explained to them all the stipulations
contained in the treaty. I secured their adhesion on September
l9.
The number of this band is eighty-two,
consisting of one chief, two headmen and seventy-nine other
Indians; the amount paid was $1,024.
The next point of destination was Stanley,
where I was scheduled to meet the Indians on October 8; but
between my leaving and returning to Isle ą la Crosse a report
came to the Hudson's Bay Company to the effect that the streams
were very shallow and that travel would, therefore, be so very
difficult and slow that in all probability our party would be
frozen in and would have to remain at Stanley until dog trains
could be procured. This report was quite confirmed by the
information which Messrs. Revillon Freres had from that part of
the country, and of which their manager, Monsieur Benard, very
kindly apprised me. From the report it also appeared that, even
if we made the trip, it would be impossible for the Indians from
the northeastern portion of the country to be gathered there,
and that there were at Stanley and in its immediate vicinity
only a few half-breed families who had had their claims settled
before they migrated to that region. I therefore decided to
cancel the appointment, and sent notice to that effect to the
people, assuring them at the same time that they would be
visited at a future date, of which they would be duly notified.
As the discussions which took place with the
bands treated with were much on the same lines, I shall confine
myself to a general statement of their import.
There was a marked absence of the old Indian
style of oratory, the Indians confining themselves to asking
questions and making brief arguments. They all demanded even
more liberal terms than were granted to Indians treated with in
past years, the chief of the English River band going so far as
to claim payment of 'arrears' from the year when the first
treaty was made; some expected to be entirely fed by the
government, after the making of the treaty; all asked for
assistance in seasons of distress; and it was strongly urged
that the old and indigent who were no longer able to hunt and
trap and were consequently often in destitute circumstances,
should be cared for by the government.
There was a general expression of fear that
the making of the treaty would be followed by the curtailment of
their hunting and fishing privileges, and the necessity of not
allowing the lakes and the rivers to be monopolized or depleted
by commercial fishing was emphasized.
There was evidenced a marked desire to secure
educational privileges for their children. In this connection
and speaking for the Indians generally, the chief of the English
River band insisted that in the carrying out of the government's
Indian educational policy among them there should be no
interference with the system of religious schools now conducted
by the mission, but that public aid should be given for
improvement and extension along the lines already followed.
The chief of the Canoe Lake band stated that
there were about twenty-five children of school age in his band,
and asked that a day school be established at Canoe Lake for
their benefit and that it be put under the management of a woman
teacher.
There was also a demand made for a few head
of cattle to be given to those of the Indians who wished to go
into the industry of stock-raising.
The Indians all agreed to have one place of
payment in the future; but made it a condition that the payments
should be held about the middle of June of each year, as that is
the only time at which the gathering for annuity payments would
not interfere with their avocations to an extent that the
payment would be no adequate compensation for. They selected
Isle ą la Crosse as the place of payment.
They further requested that medicines be
furnished, and made an earnest appeal for the appointment of a
resident medical man.
In my reply I convinced them that such a
claim as they put forward for what they called 'arrears' had
never before been heard of, and that I could not for a moment
recognize any obligation on the government's part except such as
would be put upon it in virtue of the execution of the treaty. I
pointed out to them that the government could not undertake to
maintain Indians in idleness; that the same means of earning a
livelihood would continue after the treaty was made as existed
before it; and that Indians would be expected to make as good
use of them in the future as in the past. I stated that the
government was always ready to assist Indians in actual
destitution; that in times of distress they would, without any
special stipulation in the treaty, receive such assistance as it
was usual to give in order to prevent starvation among them, and
that the attention of the government would be called to the
necessity of some special provision being made for assisting the
old and indigent who were unable to work and dependent on
charity for subsistence.
I guaranteed that the treaty would not lead
to any forced interference with their mode of life. I explained
to them that, whether treaty was made or not, they were subject
to the law, bound to obey it and liable to punishment for any
infringement thereof; that it was designed for the protection of
all and must be respected by all the inhabitants of the country,
irrespective of colour or origin; and that, in requiring them to
abide by it, they were only being required to do the duty
imposed upon all the people throughout the Dominion of Canada. I
dwelt upon the importance, in their own interest, of the
observance of the laws respecting the protection of fish and
game.
As to education, the Indians were assured
that there was no need for special stipulation over and above
the general provision in the treaty, as it was the policy of the
government to provide in every part of the country as far as
circumstances would permit, for the education of the Indian
children, and that the law provided for schools for Indians
maintained and assisted by the government being conducted as to
religious auspices in accordance with the wishes of the Indians.
It was explained that the assistance in
farming and ranching mentioned in the treaty, is only to be
given when the Indians are actually prepared to go into those
industries. It is not likely that for many years to come, there
will be a call for any but a small expenditure under these
heads. It is not probable that the Indians will, while present
conditions continue, engage in farming further than the raising
of roots in a small way. As to cattle, I stated that the agent
who will be sent to make the next treaty payments, would be
asked to discuss the matter with them, but that those only who
are considered able and willing to take good care of cattle
would receive assistance in that form.
I promised that medicines would be placed at
different points in the charge of persons to be selected by the
government, and would be distributed to those of the Indians who
might require them. I showed them that it would be practically
impossible for the government to arrange for a resident doctor
owing to the Indians being so widely scattered over such an
extensive territory; but I assured them that the government
would always be ready to avail itself of any opportunity of
affording medical service just as it provided that the physician
attached to the commission should give free attendance to all
Indians whom he might find in need of treatment.
In the main, the demand will be for
ammunition and twine, as the great majority of the Indians will
continue to hunt and fish for a livelihood. It does not appear
likely that the conditions of that part of Saskatchewan covered
by the treaty will be for many years so changed as to affect
hunting and trapping, and it is expected, therefore, that the
great majority of the Indians will continue in these pursuits as
a means of subsistence.
The Indians were given the option of taking
reserves or land in severalty, when they felt the need of having
land set apart for them. I made it clear that the government had
no desire to interfere with their mode of life or to restrict
them to reserves and that it undertook to have land in the
proportions stated in the treaty set apart for them, when
conditions interfered with their mode of living and it became
necessary to secure them possession of land.
The Indians dealt with are in character,
habit, manner of dress and mode of living similar to the
Chipewyans and Crees of the Athabaska country. It is difficult
to draw a line of demarcation between those who classed
themselves as Indians and those who elected to be treated with
as half-breeds. Both dress alike and follow the same mode of
life. It struck me that the one group was, on the whole, as well
able to provide for self-support as the other.
After leaving Green Lake, our route was by
rivers and lakes and afforded not much opportunity for forming
an opinion of the country ceded and of its resources. From our
point of view, the country appeared flat. There were extensive
stretches of hay-lands along the rivers and wooded heights about
the lakes. The waters abound in fish, which form the chief
article of food.
The Isle ą la Crosse mission was founded
about sixty-two years ago by Father Lafleche, who afterwards was
a prominent figure in the Quebec hierarchy, and Brother Tach,
who afterwards filled the See of St. Boniface. The church built
by them was destroyed by fire and has been replaced by another.
The building next in importance is the school conducted by the
sisters. It shows marked evidence of age externally, but is cosy
within, and the children whom I had the pleasure of meeting
there, evidenced the kindly care and careful training of the
devoted women who have gone out from the comforts of
civilization to work for the betterment of the natives of the
north. The priest's house is a small one. Its only door opens
into a large room which occupies the greater part of the
building and which is the common gathering place of the Indians
and half-breeds, who sit and smoke with an ease that seemed born
of long habit of free intercourse with those who have undertaken
the cure of their souls.
The mission is about opposite the company's
post. It is close to the shore. The site is rather flat and for
miles on three sides stretches a bald prairie, though we were
told that the mission when founded was on the fringe of the
forest. Whatever it may have been, it is no longer a desirable
situation for a boarding school, and a new one has been erected
at Rivire la Plonge, some thirty miles south of the mission.
The building is one hundred feet by sixty-two feet, and is two
and a half storeys high. It was finished when I visited it. The
site is a delightful one on a rising ground from the river,
which here breaks into a cataract that the Oblate brothers have
harnessed for power purposes. They cut the logs, and, with the
harnessed river, sawed them into lumber, with which they built
the school, a splendid monument to their mechanical skill,
industry and devotion. When I was leaving Isle ą la Crosse, the
moving of the children from the old to the new institution had
begun.
Our trip was rather a difficult one. Our
transport had to be organized on short notice. The water in the
rivers was pretty low, and we encountered storms on the lakes;
but there was no ground for the report of shipwreck and loss
which unfortunately obtained currency.
I had the pleasure of the company, on most of
the inward trip, of His Lordship Bishop Pascal; and I desire to
repeat here the acknowledgment I made and the gratitude I
expressed to his lordship personally for the assistance of his
influence on my first meeting the natives of the country, which
is filled with reverence for his name because of his devoted
labours.
I desire to express, also, my appreciation of
the help ever readily rendered by Major Begin, of the Royal
Northwest Mounted Police, who was in command of the escort; by
Dr. J. J. A. Lebrecque, the medical officer; by Mr. Charles
Fisher, of Duck Lake, and Mr. Charles Mair, of Ottawa,
secretaries to the commission, by the Hudson's Bay Company's
chief factor, and by Mr. Angus McKay, the officer of the company
who was especially charged with the carrying out of the
transportation contract. To the men of the country on whose
labour we had so much to depend I acknowledge my obligation.
They worked long hours at paddling and rowing and poling, and
endured great hardships in tracking and walking our canoes and
flat boats over the rapids and shoals, so that I might keep my
appointments. Camp was made late and broken early. Yet there was
never a complaint, but always a zestful interest and
cheerfulness as pleasant as the campfires that brightened the
night.
A detailed statement of the Indians treated
with and of the money paid is appended.
I have the honour to be, sir Your obedient
servant, J.A.J. McKenna, Commissioner.
[Image]
Certified correct, J.A.J. MCKENNA,
Commissioner, Treaty No. 10
----------------------------------------------------------------------------
TREATY No. 10
Articles of a treaty made and concluded at
the several dates mentioned therein, in the year of our Lord one
thousand nine hundred and six between His Most Gracious Majesty
the King of Great Britain and Ireland by His commissioner, James
Andrew Joseph McKenna, of the city of Winnipeg, in the province
of Manitoba, Esquire, of the one part, and the Chipewyan, Cree
and Other Indian 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, pursuant to notice given by His
Majesty's said commissioner in the year 1906, been convened to
meet His Majesty's said commissioner representing His Majesty's
government of the Dominion of Canada at certain places in the
said territory in this present year 1906 to deliberate upon
certain matters of interest to His Most Gracious Majesty on 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 Majesty's 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 mentioned and to obtain the consent
thereto of his Indian subjects inhabiting the said tract and to
make a treaty and arrange with them sot 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 count upon 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 said 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 hereto.
And whereas the said commissioner has
proceeded to negotiate a treaty with the Chipewyan, Cree and
other Indians inhabiting the said territory hereinafter defined
and described and the same has been agreed upon and concluded by
the respective bands at the dates mentioned hereunder;
Now therefore 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
for ever all their rights, titles and privileges whatsoever to
the lands included within the following limits, that is to say:
All that territory situated partly in the
province of Saskatchewan and partly in the province of Alberta,
and lying to the east of Treaty Eight and to the north of
Treaties Five, Six and the addition to Treaty Six, containing
approximately an area of eighty-five thousand eight hundred
(85,800) square miles and which may be described as follows:
Commencing at the point where the northern
boundary of Treaty Five intersects the eastern boundary of the
province of Saskatchewan; thence northerly along the said
eastern boundary four hundred and ten miles, more or less, to
the sixtieth parallel of latitude and northern boundary of the
said province of Saskatchewan; thence west along the said
parallel one hundred and thirty miles, more or less, to the
eastern boundary of Treaty Eight; thence southerly and westerly
following the said eastern boundary of Treaty Eight to its
intersection with the northern boundary of Treaty Six; thence
easterly along the said northern boundary of Treaty Six to its
intersection with the western boundary of the addition to Treaty
Six; thence northerly along the said western boundary to the
northern boundary of the said addition; thence easterly along
the said northern boundary to the eastern boundary of the said
addition; thence southerly along the said eastern boundary to
its intersection with the northern boundary of Treaty Six;
thence easterly along the said northern boundary and the
northern boundary of Treaty Five to the point of commencement.
And also all their rights, titles and
privileges whatsoever as Indians to all and any other lands
wherever situated in the provinces of Saskatchewan and Alberta
and the Northwest Territories or any other portion of the
Dominion of Canada.
To have and to hold the same to His Majesty
the King and His successors for ever.
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
territory 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 as may be
taken up from time to time for settlement, mining, lumbering,
trading or other purposes.
And His Majesty the King hereby agrees and
undertakes to set aside reserves of land for such bands as
desire the same, such reserves not to exceed in all one square
mile for each family of five for such number of families as may
elect to reside upon reserves or in that proportion for larger
or smaller families; and for such Indian families or individual
Indians as prefer to live apart from band reserves His Majesty
undertakes to provide land in severalty to the extent of one
hundred and sixty (160) acres for each Indian, the land not to
be alienable by the Indian for whom it is set aside in severalty
without the consent of the Governor General in Council of
Canada, the selection of such reserves and land in severalty to
be made in the manner following, namely, the Superintendent
General of Indian Affairs shall depute and send a suitable
person to determine and set apart such reserves and lands, after
consulting with the Indians concerned as to the locality which
may be found suitable and open for selection.
Provided, however, that His Majesty reserves
the right to deal with any settlers within the bounds of any
lands reserved for any band or bands 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
of Canada for the use and benefit of the Indians entitled
thereto, with their consent first had and obtained.
It is further agreed between His Majesty and
His said Indian subjects that such portions of the reserves and
lands above mentioned as may at any time be required for public
works, buildings, railways or roads of whatsoever nature may be
appropriated for such purposes by His Majesty's government 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 so appropriated.
And with a view to showing the satisfaction
of His Majesty with the behaviour and good conduct of His
Indians and in extinguishment of all their past claims, He
hereby through His commissioner agrees to make each chief a
present of thirty-two (32) dollars in cash, to each headman
twenty-two (22) dollars and to every other Indian of whatever
age of the families represented at the time and place of payment
twelve (12) dollars.
His Majesty also agrees that next year and
annually thereafter for ever He will cause to be paid to the
Indians in cash, at suitable places and dates of which the said
Indians shall be duly notified, to each chief twenty-five (25)
dollars, each headman fifteen (15) dollars and to every other
Indian of whatever age five (5) dollars.
Further His Majesty agrees that each chief,
after signing the treaty, shall receive a silver medal and a
suitable flag, and next year and every third year thereafter
each chief shall receive a suitable suit of clothing, and that
after signing the treaty each headman shall receive a bronze
medal and next year and every third year thereafter a suitable
suit of clothing.
Further His Majesty agrees to make such
provision as may from time to time be deemed advisable for the
education of the Indian children.
Further His Majesty agrees to furnish such
assistance as may be found necessary or advisable to aid and
assist the Indians in agriculture or stock-raising or other work
and to make such a distribution of twine and ammunition to them
annually as is usually made to Indians similarly situated.
And the undersigned Chipewyan, Cree and other
Indian 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 in all and every
respect and to behave and conduct themselves as good and 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 each other and between their tribes and other
tribes of Indians and between themselves and other of His
Majesty's subjects whether whites, Indians, half-breeds or
others now inhabiting or who may hereafter inhabit any part of
the territory hereby ceded and herein described, and that they
will not molest the person or trespass upon the property or
interfere with the rights 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 chiefs and headmen have hereunto set their
hands at Isle ą la Crosse this twenty-eighth day of August in
the year herein first above written.
[Image] [Image]
Articles of a treaty made and concluded at
the several dates mentioned therein, in the year of our Lord one
thousand nine hundred and seven, between His Most Gracious
Majesty the King of Great Britain and Ireland by His
Commissioner Thomas Alexander Borthwick, of Mistawasis, in the
province of Saskatchewan, Esquire, of the one part, and the
Chipewyan, Cree and other Indian inhabitants of the territory
within the limits hereinafter defined and described by their
chiefs and headmen hereunto subscribed of the other part.
In witness whereof His Majesty's said
commissioner and the chiefs and headmen have hereunto set their
hands at Lac du Brochet this 19th day of August, in the year
first above written.
[Image]
In witness whereof His Majesty's said
commissioner and the chiefs and headmen have hereunto set their
hands at Lac du Brochet this 22nd day of August in the year
first above written.
[Image]
REPORT OF SECOND COMMISSION FOR TREATY NO. 10
Mistawasis, Carlton Agency, October 14, 1907.
Frank Pedley, Esq. Deputy Supt. General of
Indian Affairs, Ottawa.
SIR, --- I have the honour to submit my
report upon the payments of their annuities to those of the
Indians of Treaty No. 10 who were treated with last year, and
also transmit herewith the treaty, which, under the authority
that devolved upon me by the commission issued to me on the 6th
day of April, 1907, I concluded with the Chipewyan Indians
living in the region of Lac du Brochet and Lac la Hache, and in
the part of the district of Keewatin adjoining the northeast
corner of the province of Saskatchewan.
With the view of keeping appointments for the
payments of their annuities to the Indians who were treated with
last year at Isle ą la Crosse, I proceeded from here on June 11,
and after travelling over some very bad road, I arrived at Green
Lake on the afternoon of the 15th, and got to Isle ą la Crosse
at noon of Saturday, June 22, one day behind the date that was
fixed for my arrival there. Very unfavourable weather was the
cause of delay. Only the Canoe Lake band of Indians had so far
assembled there to meet me; and I at once had an interview with
the chief and headmen of that band, and it being Saturday, they
asked that the paying of their annuities be postponed until
Monday, the 24th. To that request I conceded, and accordingly
they were paid on that and the following day. The Indians of
English River and Clear Lake bands not having then arrived, I
began taking evidence in connection with claims for scrip
preferred by a number of half-breeds from Souris River who did
not have a chance of meeting the commissioner of last year at
Isle ą la Crosse. The evidence adduced by these applicants for
scrip was continued up to the 29th, when the English River and
Clear Lake bands having fully arrived, were paid their
annuities. The 1st of July, being Dominion Day, was, at the
request of the half-breeds and Indians, observed as a holiday,
and they celebrated it with great enthusiasm; the members of the
commission and other gentlemen present heartily joining them and
making their sports pecuniarily interesting for them.
Further dealings with the Indians and
half-breeds occupied the time of the commission up to July 3,
when, upon being informed that a considerable number of
half-breeds and Indians were assembled at the Roman Catholic
mission near Portage la Loche and expecting me there, I
proceeded to that place, and after a very trying trip with rains
and stormy weather, I reached there late on the evening of July
9, and owing to the number of half-breeds who had to be dealt
with here, and the very inclement weather prevailing, it took up
to the 14th to get through with the work. In addition to the
half-breeds assembled here, I found a number of families of
Indians from Whitefish Lake, who asked very earnestly that I
should pay them their annuities. I explained to them that I
could not do that, as it was inconsistent with the rules of the
department to pay Indians of a certain treaty by the agent of
another treaty. They pointed out that it was a great hardship
for them to be compelled to travel over a hundred miles through
a difficult section of the country going to Fort McMurray, which
took them five or six days to get there and the same number of
days returning to their homes. Before leaving the mission, they
handed me a petition praying that they be paid next year at
Buffalo River on Buffalo Lake, to which point they can come in
less than two days from Whitefish Lake.
On Monday morning, July 15, I left the
mission on the return trip to Isle ą la Crosse, and after an
unusually favourable trip I arrived there on the 17th. Here I
was detained for five days to procure tripmen to go on to
Stanley, for which place I started on the morning of July 23 and
arrived there on the evening of August 1. Here I met some fifty
heads of families of the Lac la Ronge Indians, headed by their
chief, Amos Charles, and two of their headmen, who asked that
they be paid their annuities there, as many of them spent the
summer and autumn on the Churchill river, and in compliance with
their request they were paid on the 2nd and 3rd; the 5th and 6th
were occupied taking evidence of applicants for scrip and
procuring tripmen for the Lac du Brochet trip. On the morning of
August 7 I left Stanley for the Hudson's Bay Company's post on
the north end of Lac du Brochet, and after a successful trip
reached that place on the 17th idem.
Owing to the amount of work which devolved
upon the commission that was not anticipated, it was made
impossible for me to reach this place, which was the stated
point of rendezvous with the Indians, on the date that they were
notified I was to be there to meet them; and consequently they
were detained for ten days awaiting my arrival, and which led to
their running out of provisions, they being all assembled with
their families, and finding that they were reduced to such a
state, I felt that it was proper for me to relieve their
immediate necessities, and accordingly I supplied them with a
limited quantity of provisions, for which they appeared to feel
very thankful. I consider it proper that I should mention here
that considerable help was afforded these Indians whilst waiting
my arrival by Mr. A. McDermot, the Hudson's Bay Company's agent
at this place, by giving them some light work to do and paying
them for it in provisions, and likewise by the agent of the
Revillon Bros.
On the morning of August 19 I held council
with the combined Indians of the Barren Land and the Indians of
Lac la Hache, the Rev. Father Turquetil acting as interpreter,
which he did on all subsequent occasions during my transactions
with the Indians here, the Chipewyan language being spoken. I
explained to them why I was sent to meet them, and after various
thoughtful questions put by the Indians bearing upon the treaty
and answered by me to their satisfaction, they asked for a short
recess to discuss the terms of the treaty more fully among
themselves; which was granted them. At 2 p.m. they reassembled
and the Barren Land band announced that they had elected their
chief and two headmen, and were prepared to accept the terms of
the treaty. The Lac la Hache band intimated that some of their
people were away, but would be back in a day or so, and that
they would like to have their concurrence in the matter of
selecting their chief and councillors; I consented to their
waiting a day or so, if necessary, in order to obtain the full
consent of their band to their transactions. The chief and
headmen of the Barren Land band then formally signed the treaty,
and without further undue delay the payments of their gratuities
and annuities were begun to them, and were got through with at
noon on the 21st. The number of Indians treated with in this
band was 232, including:
[Image]
The Lac la Hache band assembled on the 22nd,
and after the terms of the treaty were read over to them for the
second time and thoroughly explained in their own language, they
presented their elected chief and two headmen, who then in due
form signed the treaty, and the members of the band were paid in
accordance with the terms of the treaty. The number of Indians
paid in this band was 97, including:
[Image]
This practically finished the Indian work at
this point, and after a number of half-breed s'applications for
scrip were received, I left this place on August 24 for Lac la
Ronge, via Stanley, and on September 3, after a very unusually
expeditious trip, I arrived at the paying ground at Lac la
Ronge; and on the 4th and 5th paid the rest of the James Roberts
band some 60 odd heads of families who were not paid at Stanley.
After taking the evidence of a number of
half-breed applicants for scrip at this place, and holding
council meetings with the Indians in connection with the
surrender of their reserve, No. 106A, &c., I left on the 11th
for Montreal Lake, and arrived there on the 16th, and the
following day paid their annuities to the Indians of this place,
the William Charles' band.
On the 18th I held meetings with the chief
and headmen of the James Roberts' band, who accompanied me to
this place, and with that of the Wm. Charles' band combined,
bearing upon the surrender of their reserve, No. 106A, when
after due deliberation, they unanimously agreed to relinquish
the reserve to the government upon the terms set forth in an
agreement signed by them on the 18th day of September, 1907;
which agreement was transmitted to the Deputy Minister of Indian
Affairs on the 8th instant.
On the afternoon of the 18th of September,
the commission party left Montreal lake with canoes for the
landing on Red Deer lake, where they arrived on the 21st, after
being detained one day en route with stress of weather. At the
landing teams were taken to this place (Mistawasis) where we
arrived on the evening of September 24, ultimo; this completing
an arduous trip of over 2,000 miles by water, in canoes, and 300
miles by land, which I have pleasure to say was performed
successfully and without accident.
Concerning my staff, I am pleased to state
that I was excellently equipped, and that, in general, a fine
spirit existed amongst its members; of some of them I cannot
speak too highly. Dr. H. A. Stewart proved himself ideally
fitted for his post. Full of the kindest sympathy for the sick,
he was untiring in his labours on their behalf; a skilful
physician, he was most successful in his efforts to relieve
their suffering, and won golden opinions from all who required
his services. W. J. McLean, the senior secretary, displayed
special ability in the performance of the onerous duties of his
position, his previous experience in treaty payments standing
him in good stead; while his knowledge of the French language,
his long residence as a chief factor of the Hudson's Bay
Company, in the part of the country traversed, and his personal
acquaintance with many of the applicants, materially contributed
to the success of my commission.
Of the rest it would be invidious to make
personal mention, suffice to say that each performed his duties
with energy and intelligence, sacrificing rest and comfort, and
facing danger in the effort to cover distances with the least
possible loss of time.
I have the honour to be, sir
Your obedient servant,
THOS. A. BORTHWICK,
Commissioner, Treaty No. 10.
