TREATY 3
BETWEEN
HER MAJESTY THE QUEEN
AND THE
SAULTEAUX TRIBE
OF THE
OJIBBEWAY INDIANS
AT THE
NORTHWEST ANGLE ON THE LAKE OF THE WOODS WITH
ADHESIONS
(REPRINTED 1966)
(REPRINTED 1978)
LAYOUT IS NOT EXACTLY LIKE ORIGINAL
TRANSCRIBED FROM:
ROGER DUHAMEL, F.R.S.C.
QUEEN'S PRINTER AND CONTROLLER OF STATIONERY
OTTAWA, 1966
Cat. No. Ci 72-0366
------
ORDER IN COUNCIL SETTING UP COMMISSION FOR
TREATY 3
The Committee have had under consideration
the memorandum dated 19th April, 1871, from the Hon. the
Secretary of State for the provinces submitting with reference
to his report of the 17th of the same month that the Indians
mentioned in the last paragraph of that report and with whom it
will be necessary first to deal occupy the country from the
water shed of Lake Superior to the north west angle of the Lake
of the Woods and from the American border to the height of land
from which the streams flow towards Hudson's Bay.
That they are composed of Saulteaux and Lac
Seul Indians of the Ojibbeway Nation, and number about
twenty-five hundred men, women and children, and, retaining what
they desire in reserves at certain localities where they fish
for sturgeon, would, it is thought be willing to surrender for a
certain annual payment their lands to the Crown. That the
American Indians to the south of them surrendered their lands to
the Government of the United States for an annual payment which
has been stated to him (but not on authority) to amount to ten
dollars per head for each man, woman and child of which six
dollars is paid in goods and four in money. That to treat with
these Indians with advantage he recommends that Mr. Simon J.
Dawson of the Department of Public Works and Mr. Robert Pither
of the Hudson's Bay Company's service be associated with Mr.
Wemyss M. Simpson—and further that the presents which were
promised the Indians last year and a similar quantity for the
present year should be collected at Fort Francis not later than
the middle of June also that four additional suits of Chiefs'
clothes and flags should be added to those now in store at Fort
Francis—and further that a small house and store for provisions
should be constructed at Rainy River at the site and of the
dimensions which Mr. Simpson may deem best—that the assistance
of the Department of Public Works will be necessary should his
report be adopted in carrying into effect the recommendations
therein made as to provisions, clothes and construction of
buildings.
He likewise submits that it will be necessary
that the sum of Six Thousand dollars in silver should be at Fort
Francis subject to the Order of the above named Commissioners on
the fifteenth day of June next—And further recommends that in
the instructions to be given to them they should be directed to
make the best arrangements in their power but authorized if need
be to give as much as twelve dollars a family for each family
not exceeding five—with such small Sum in addition where the
family exceeds five as the Commissioners may find necessary—Such
Subsidy to be made partly in goods and provisions and partly in
money or wholly in goods and provisions should the Commissioners
so decide for the surrender of the lands described in the
earlier part of this report.
The Committee concur in the foregoing
recommendations and submit the same for Your Excellency's
approval.
Signed: Charles Tupper
25 April/71
------
TREATY No. 3
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
Honourable Alexander Morris, Lieutenant-Governor of the Province
of Manitoba and 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 described, by
their Chiefs chosen and named as hereinafter mentioned, of the
other part.
Whereas the Indians inhabiting the said
country have, pursuant to an appointment made by the said
Commissioners, been convened at a meeting at the north-west
angle 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 by 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 country 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
arrange 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.) NOTE-NA-QUA-HUNG (North-West
Angle.) NAWE-DO-PE-NESS (Rainy River.) POW-WA-SANG (North-West
Angle.) CANDA-COM-IGO-WE-NINIE (North-West Angle.) PAPA-SKO-GIN
(Rainy River.) MAY-NO-WAH-TAW-WAYS-KIONG (North-West Angle.)
KITCHI-NE-KA-LE-HAN (Rainy River.) SAH-KATCH-EWAY (Lake Seul.)
MUPA-DAY-WAH-SIN (Kettle Falls.) ME-PIE-SIES (Rainy Lake, Fort
Frances.) OOS-CON-NA-GEITH (Rainy Lake.) WAH-SHIS-KOUCE (Eagle
Lake. ) KAH-KEE-Y-ASH (Flower Lake.) GO-BAY (Rainy Lake.)
KA-MO-TI-ASH (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 (Buffalo
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 Chiefs 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 respective
bands of Indians inhabiting the said district hereinafter
described;
And whereas the said Commissioners have
proceeded to negotiate a treaty with the said Indians, and the
same has been finally agreed upon and concluded, as follows,
that is to say:—
The Saulteaux Tribe of the Ojibbeway Indians
and all other the Indians inhabiting the district hereinafter
described and defined, do hereby cede, release, surrender and
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 boundary 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 by the Albany
or other rivers from those running to English River and the
Winnipeg to 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 international boundary line to the place
beginning.
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 reserves 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
influences of the use of intoxicating liquors, shall be strictly
enforced.
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 Dominion of Canada, or by any of the subjects
thereof duly authorized therefor by the said Government.
It 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
buildings 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.
It is further agreed between Her Majesty and
the said Indians that the sum of fifteen 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 cultivating
the soil or who shall hereafter commence to cultivate the land,
that is to say: two hoes for every family actually cultivating,
also one spade per family as aforesaid, 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 of
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 Indians 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 the following witnesses, the same having been first
read and explained by the Honorable James McKay:
JAMES McKAY,
MOLYNEUX St. JOHN,
ROBERT PITHER,
CHRISTINE V. K. MORRIS,
CHARLES NOLIN,
A. McDONALD, Capt.,
Comg. Escort to Lieut. Governor.
JAS. F. GRAHAM,
JOSEPH NOLIN,
A. McLEOD,
GEORGE McPHERSON, Sr.,
SEDLEY BLANCHARD,
W. FRED. BUCHANAN,
FRANK G. BECHER,
ALFRED CODD, M.D.,
G. S. CORBAULT,
PIERRE LEVIELLER,
NICHOLAS CHATELAINE.
ALEX. MORRIS L.G.,
J. A. N. PROVENCHER, Ind. Comr.,
S. J. DAWSON,
KEE-TA-KAY-PI-NAIS,
his x mark
KITCHI-GAY-KAKE,
his x mark
NO-TE-NA-QUA-HUNG,
his x mark
MAWE-DO-PE-NAIS,
his x mark
POW-WA-SANG,
his x mark
CANDA-COM-IGO-WI-NINE,
his x mark
MAY-NO-WAH-TAW-WAYS-KUNG,
his x mark
KITCHI-NE-KA-BE-HAN,
his x mark
SAH-KATCH-EWAY,
his x mark
MUKA-DAY-WAH-SIN,
his x mark
ME-KIE-SIES,
OOS-CON-NA-GEISH,
his x mark
WAH-SHIS-KOUCE,
his x mark
KAH-KEE-Y-ASH,
his x mark
GO-BAY,
his x mark
KA-ME-TI-ASH,
his x mark
NEE-SHO-TAL,
his x mark
KEE-JEE-GO-KAY,
his x mark
SHA-SHA-GAUCE,
his x mark
SHAW-WIN-NA-BI-NAIS,
his x mark
AY-ASH-A-WASH,
his x mark
PAY-AH-BEE-WASH,
his x mark
KAH-TAY-TAY-PA-O-CUTCH,
his 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 Queen, Her heirs and
successors, to and for the use of Her Government of Her Dominion
of Canada, all our right, title and privilege whatsoever, which
we, the said 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 forever.
And we hereby agree to accept the several
provisions, payments and reserves of the said treaty, as therein
stated, and solemnly promise and engage to abide by, carry out
and fulfil all the stipulations, obligations and conditions
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.
IN WITNESS WHEREOF, 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 S. J. Dawson, Esquire, one of Her
Majesty's said Commissioners, for and on behalf and with the
authority and consent of the Honorable Alexander Morris,
Lieutenant Governor of Manitoba and the North-West Territories,
and J. A. N. Provencher, Esq., the remaining two Commissioners,
and himself and by the Chiefs within named, on behalf of
themselves and the several bands which they represent, the same
and the annexed certified copy of articles of treaty having been
first read and explained in presence of the fol lowing
witnesses:
THOS. A. P. TOWERS,
JOHN AITKEN,
A. J. McDONALD.
UNZZAKI.
JAS. LOGANOSH,
his x mark
PINLLSISE.
For and on behalf of the Commissioners, the
Honorable Alexander Morris, Lieut. Governor of Manitoba and the
NorthWest Territories, Joseph Albert Norbert Provencher,
Esquire, and the undersigned
S. J. DAWSON,
Commissioner.
PAY-BA-MA-CHAS,
his x mark
RE-BA-QUIN,
his x mark
ME-TAS-SO-QUE-NE-SKANK,
his x mark
------
To S. J. Dawson, Esquire, Indian
Commissioner, &c., &c., &c.
SIR,—We hereby authorize you to treat with
the various bands belonging to the Salteaux Tribe of the
Ojibbeway Indians inhabiting the North-West Territories of the
Dominion of Canada not included in the foregoing certified copy
of articles of treaty, upon the same conditions and stipulations
as are therein agreed upon, and to sign and execute for us and
in our name and on our behalf the foregoing agreement annexed to
the foregoing treaty.
NORTH-WEST ANGLE, LAKE OF THE WOODS,
October 4th, A.D. 1873.
ALEX. MORRIS,
Lieutenant-Governor.
J. A. N. PROVENCHER,
Indian Commissioner.
------
ADHESION BY HALFBREEDS OF RAINY RIVER AND
LAKE (A.)
This Memorandum of Agreement made and entered
into this twelfth day of September one thousand eight hundred
and seventy-five, between Nicholas Chatelaine, 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 representing 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.
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 agreement, however, to be subject
in all respects to approval and confirmation by the Government,
without which the same shall be considered as void and of no
effect), as follows, that is to say: The 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 conditions of the
said treaty (a copy whereof, duly certified by the Honourable
the Secretary 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 to 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 all
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 and date
above mentioned, in presence of us as witnesses: A. R. TILLIE,
CHAS. S. CROWE,
W. B. RICHARDSON,
L. KITTSON.
J. S. DENNIS, [L.S.]
NICHOLAS CHATELAINE. [L.S.]
his x mark
------
ADHESION OF LAC SEUL INDIANS TO TREATY No. 3
LAC SEUL, 9th June, 1874.
We, the Chiefs and Councillors of Lac Seul,
Seul, Trout and Sturgeon Lakes, subscribe and set our marks,
that we and our followers will abide by the articles of the
Treaty made and concluded with the Indians at the North West
Angle of the Lake of the Woods, on the 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, Hon. Alexander
Morris, Lieutenant Governor of Manitoba and the North-West
Territories, Joseph Albert N. Provencher, and Simon J. Dawson,
of the one part, and the Saulteaux tribes of Ojibewas Indians,
inhabitants of the country as defined by the Treaty aforesaid.
IN WITNESS WHEREOF, Her Majesty's Indian
Agent and the Chiefs and Councillors have hereto set their hands
at Lac Seul, on the 9th day of June, 1874.
(Signed) ACKEMENCE, Councillors.
his x mark
MAINEETAINEQUIRE,
his x mark
NAH-KEE-JECKWAHE,
his x mark
The whole Treaty explained by R. J. N. PITHER.
Witnesses:
(Signed) JAMES McKENZIE.
LOUIS KITTSON.
NICHOLAS CHATELAINE.
his x mark
R. J. N. PITHER, Indian Agent.
JOHN CROMARTY, Chief.
his x mark
