LAKE SUPERIOR TREATY, SEPTEMBER 7TH , 1850

from:

STATUTES, DOCUMENTS AND PAPERS

BEARING ON THE

DISCUSSION

RESPECTING THE

NORTHERN AND WESTERN BOUNDARIES

OF THE

PROVINCE OF ONTARIO

 

 

 

INCLUDING THE PRINCIPAL EVIDENCE SUPPOSED TO BE EITHER FOR OR AGAINST THE CLAIMS OF THE PROVINCE.

 

Compiled by Direction of the Government of Ontario;

 

With EXPLANATORY NOTES.

 

Toronto:

printed by Hunter, Rose & Co., 25 Wellington St. West,

1878

 

 

LAKE SUPERIOR TREATY, SEPTEMBER 7TH, 1850

 

 

COPY OF A REPORT OF A COMMITTEE OF THE HONOURABLE THE EXECUTIVE COUNCIL, APPROVED BY HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL, ON THE 11TH JANUARY, 1850.

 

The Committee of the Executive Council have had under consideration, on your Excellency's reference, a memorandum presented to the Honourable Colonel Bruce, Superintendent Indian Department, from the Hon. W. B. Robinson, on behalf of certain Indian Chiefs lately arrested at Sault Ste. Marie, on a charge of having been implicated in the attack on the property of the Quebec Mining Company, and who are represented to be now in Toronto, anxious to obtain assistance to return to their houses, as well as an assurance that the Government will speedily take measures to adjust the claims of the Indians for compensation, on their renouncing all claims to the occupation of the lands in the vicinity of Lakes Huron and Superior, and portions of which have been occupied for Mining purposes.

 

The Committee of Council having reference to proceedings already taken with a view of adjusting the claims of the Indians, and also to a late report on the subject from the Commissioner of Crown Lands, which will form the subject of a separate minute, are respectfully of opinion, that a sum not exceeding 100 pounds be advanced to the Indians to enable them to return;  and the Committee are further of  opinion  that Mr. Robinson be authorized on the part of the Government to negotiate with several tribes for the adjustment of their claims to the land in the vicinity  of Lakes Superior and Huron, or of such portions of them as may be required for mining purposes.

 

The Committee of Council are further of the opinion that Mr. Robinson should be instructed to communicate to the Indians the fact of his appointment, and that it is his intention to proceed to Lake Superior at such time as may be found most convenient for meeting with the Chiefs;  and that he be likewise instructed to impress on the minds of the Indians, that they ought not to expect excessive remuneration for the partial occupation of the territory heretofore used as hunting grounds, by persons who have been engaged in developing sources of wealth, which they themselves entirely neglected.

 

The Committee of Council are further of opinion, that Mr. Robinson should warn the Indians against listening to the counsels of any one who may advise them to resort to criminal proceedings, which will not only render the parties participating in them amenable to the laws of the Province, but likewise entail expenses which will necessarily diminish the fund from which alone the means of affording compensation can be obtained.  The Commissioner of Crown Lands will advance to Mr. Robinson the sum required, which must form a charge against any moneys received on account of the mining locations.

 

LAKE SUPERIOR TREATY, 1850

 

 

This agreement made and entered into on the seventh day of September, in the year of our Lord, 1850, at Sault Ste. Marie, in the Province of Canada, between the Honourable William Benjamin Robinson, of the one part, on behalf of Her Majesty the Queen, and Joseph Peaudechat, John Ininway, Mishemuckqua, Totomenai, Chiefs, and Jacob Wassoba, Ahmutchwagabou,  Michel Shebageshick, Manitoshainse and Chigenaus, principal men of the Ogibbeway Indains inhabititng the northern shore of Lake Superior, in the sid Provnce of Canada, from Batchewanaung Bay to Pigeon River, at the western extremity of said Lake, and inland throughout that extent to the height of land which separates the territory covered by the Charter of the Honourable the Hudson's Bay Company from the said tract, and also the islands in the said lake within the boundaries of the British possessions therein, of the other part;

 

Witnesseth, for and in consideration of the sum of 2,000 pounds of good and lawful money of Upper Canada, to them in hand paid, and for the further perpetual annuity of 500 pounds, the same to be paid and delivered to the said Chiefs and their tribes at a convenient season of each summer, not later than the first day of August, at the Honourable the Hudson's Bay Company's posts of Michipicoten and Fort William, they, the said Chiefs and principal men, do freely, fully and voluntarily surrender, cede, grant and convey unto Her Majesty, her heirs and successors, for ever, all their right, title and interest in the whole of the territory above described, save and except the reservations set forth in the schedule hereunto annexed, which reservations shall be held and occupied by the said Chiefs and their tribes in common for the purposes of residence and cultivation.  And should the said Chiefs and their respective tribes at any time desire to dispose of any mineral or other valuable productions upon said reservations, the same will be, at their request, sold by order of the Superintendent-General of the Indian Department for the time being, for their sole use and benefit and to the best advantage.

 

And said William Benjamin Robinson, of the first part, on behalf of Her Majesty and the Government of this Province, hereby promises and agrees to make the payments as before mentioned, and further, to allow the said Chiefs and their tribes the full and free privileges to hunt over the territory now ceded by them, and to fish in the waters thereof, as they have heretofore been in the habit of doing, saving and excepting only such portions of the said territory as may from time to time be sold or leased to individuals, or companies  of individuals, and occupied by them with the consent of the Provincial Government.

 

The parties of the second part further promise and agree that they will not sell, lease, or otherwise dispose of any portion of their reservations without the consent of the Superintendent-General of Indian Affairs being first had and obtained;  nor will they at any time hinder or prevent persons from exploring or searching for minerals or other valuable productions in any part of the territory hereby ceded to Her Majesty, as before mentioned.  The parties of the second part also agree, that in case the Government of this Province should, before the date of this agreement, have sold or bargained to sell any mining locations or other property, on the portions of the territory hereby reserved for their use and benefit, then , and in that case, such sale or promise of salel shall be perfected, if the parties interested desire it, by the Government, and the amount accruing therefrom shall be paid to whom the reservation belongs.

 

The said William Benjamin Robinson, on behalf of Her Majesty, who desires to deal liberally and justly with all her subjects, further promises and agrees that in the case the territory hereby ceded by the parties of the second part shall at any future period produce an amount which will enable the Government of this Province, without incurring loss, to increase the annuity hereby secured to them, then and in that case the same shall be augmented from time to time; provided, that the amount paid each individual shall not exceed the sum of one pound, Provincial currency,  in any one year, or such further sum as Her Majesty may be graciously pleased to order;  and provided, that  the number of Indians entitled to the benefit of this Treaty, shall amount to two-thirds of their present number ( which is 1,240) to entitle them to claim the full benefit thereof;  and should the numbers at any future period not amount to two-thirds of 1,240, the annuity shall be diminished in proportion to their numbers.

 

Schedules of Reservations made by the above-named and subscribing Chiefs and Principal Men.

 

FIRST -  joseph Peaudechat and his tribe;  the reserve to commence about two miles from Fort William (inland), on the right bank of the River Kimimtiquia ; thence westerly six miles parallel to the shores of the lake;  thence northerly five miles;  thence easterly to the right bank of said river, so as not to interfere with any acquired rights of the Honourable the Hudson's Bay Company.

 

SECOND -  Four miles square at Gros Cap, being a valley near the Honourable the Hudson's Bay Company's Post of Michipicoten, for Totomenai and tribe.

 

THIRD -  Four miles square on Gull River, near Lake Nipigon, on both sides of said river, for the Chief Mishemuckqua and tribe.

 

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

GEO. IRONSIDE, S.I. AFFAIRS,

ARTHUR P. COOPER, CAP. COM. RIFLE BRIGADE,

H. N. BALFOUR, 2ND LIUT., RIFLE BRIGADE,

JOHN SWANSTON, C.F. HONBLE. HUDSON'S BAY CO.,

GEO. JOHNSTON, INTERPRETER,

J. W. KEATING,

W. B. ROBINSON,

JOSEPH PEAUDECHAT,

JOHN ININWAY,

MISHEMUCKQUA,

TOTOMENAI,

JACOB WASSABA,

AH MUTCHWAGABON,

MICHEL SHEBAGESHICK,

MANITON SHAINSE,

CHIGENAUS.