The Treaties of Canada with the Indians of Manitoba and the North-West Territories Part 2

"Early in the spring, Mr. Simpson, who sits beside me, was made Commissioner. He left his home at once for this Province, by Rainy Lake and the Lake of the Woods.

"The Indians of the lake districts meet, as you know, on Rainy River yearly, about the 20th June, to fish for sturgeon, I and they could not be called together sooner.

"Mr. Simpson met them there at that time, and talked over their affairs with them, and made certain arrangements with them. He then hurried on to see you, and reached this Province a week ago last Sunday. He then sent messengers at once to all the Indians within certain bounds, asking them to meet him here on the 25th day of July. Some of you were unable to come so soon, and he has therefore, at the instance of those who were here, waited till to-day to open the talk. I believe that now you are all arrived, and ready to proceed to business.

"It will be the duty of the Commissioner to talk to you on the particular details of the treaty, and I will give place to him presently, but there are one or two things of a general kind which I would like, before I close, to bring to your notice, for you to think about among yourselves.

"First. Your Great Mother, the Queen, wishes to do justice to all her children alike. She will deal fairly with those of the setting sun, just as she would with those of the rising sun. She wishes order and peace to reign through all her country, and while her arm is strong to punish the wicked man, her hand is also open to reward the good man everywhere in her Dominions.

"Your Great Mother wishes the good of all races under her sway. She wishes her red children to be happy and contented. She wishes them to live in comfort. She would like them to adopt the habits of the whites, to till land and raise food, and store it up against a time of want. She thinks this would be the best thing for her red children to do, that it would make them safer from famine and distress, and make their homes more comfortable.

"But the Queen, though she may think it good for you to adopt civilized habits, has no idea of compelling you to do so. This she leaves to your choice, and you need not live like the white man unless you can be persuaded to do so of your own free will. Many of you, however, are already doing this.

"I drove yesterday through the village below this Fort. There I saw many well-built houses, and many well-tilled fields with wheat and barley and potatoes growing, and giving promise of plenty for the winter to come. The people who till these fields and live in these houses are men of your own race, and they shew that you can live and prosper and provide like the white man.

"What I say in my drive is enough to prove that even if there was not a buffalo or a fur bearing animal in the country, you could live and be surrounded with comfort by what you can raise from the soil.

"Your Great Mother, therefore, will lay aside for you 'lots' of land to be used by you and your children forever. She will not allow the white man to intrude upon these lots. She will make rules to keep them for you, so that as long as the sun shall shine, there shall be no Indian who has not a place that he can call his home, where he can go and pitch his camp or if he chooses build his house and till his land.

"These reserves will be large enough, but you must not expect them to be larger than will be enough to give a farm to each family, where farms shall be required. They will enable you to earn a living should the chase fail, and should you choose to get your living by tilling, you must not expect to have included in your reserve more of hay grounds than will be reasonably sufficient for your purposes in case you adopt the habits of farmers. The old settlers and the settlers that are coming in, must be dealt with on the principles of fairness and justice as well as yourselves. Your Great Mother knows no difference between any of her people. Another thing I want you to think over is this: in laying aside these reserves, and in everything else that the Queen shall do for you, you must understand that she can do for you no more than she has done for her red children in the East. If she were to do more for you that would be unjust for them. She will not do less for you because you are all her children alike, and she must treat you all alike.

"When you have made your treaty you will still be free to hunt over much of the land included in the treaty. Much of it is rocky and unfit for cultivation, much of it that is wooded is beyond the places where the white man will require to go, at all events for some time to come. Till these lands are needed for use you will be free to hunt over them, and make all the use of them which you have made in the past. But when lands are needed to be tilled or occupied, you must not go on them any more. There will still be plenty of land that is neither tilled nor occupied where you can go and roam and hunt as you have always done, and, if you wish to farm, you will go to your own reserve where you will find a place ready for you to live on and cultivate.

"There is another thing I have to say to you. Your Great Mother cannot come here herself to talk with you, but she has sent a messenger who has her confidence.

"Mr. Simpson will tell you truly all her wishes. As the Queen has made her choice of a chief to represent her, you must, on your part, point out to us the chiefs you wish to represent you, as the persons you have faith in.

"Mr. Simpson cannot talk to all your braves and people, but when he talks to chiefs who have your confidence he is talking to you all, and when he hears the voice of one of your chiefs whom you name he will hear the voice of you all. It is for you to say who shall talk for you, and also who shall be your chief men. Let them be good Indians, who know your wishes and whom you have faith in.

"You will look to the Commissioner to fulfil everything he agrees to do, and the Queen will look to the chiefs you name to us, to see that you keep your parts of the agreement.

"It is our wish to deal with you fairly and frankly.

"If you have any questions to ask, ask them, if you have anything you wish the Queen to know, speak out plainly.

"Now chiefs and braves and people, I introduce to you Mr. Simpson, who will say anything he thinks fit in addition to what I have said.

"When you hear his voice you are listening to your Great Mother the Queen, whom G.o.d bless and preserve long to reign over us."

Mr. Simpson also addressed them, and thereafter, in compliance with a request of the Lieutenant-Governor, the Indians retired to select their chiefs and princ.i.p.al spokesmen.

On the next day the conference was resumed, the chiefs and spokesmen being presented. The Indians, on being asked to express their views, "stated that there was a cloud before them which made things dark, and they did not wish to commence the proceedings till the cloud was dispersed." On inquiry it was ascertained that they referred to the imprisonment of four Swampy Cree Indians, who had been convicted under a local law, of breach of contract, as boatmen, with the Hudson's Bay Company, and on default of payment of a fine, had been sent to prison. The Lieutenant-Governor, as a matter of favor, ordered the release of these prisoners, and the sky became clear. Next day the Indians met again and declared that they would never again raise their voice against the enforcement of the law, but much difficulty was experienced in getting them to understand the views of the Government--they wishing to have two-thirds of the Province as a reserve. Eventually on the 3rd of August, 1871, a treaty was concluded, its princ.i.p.al features being the relinquishment to Her Majesty of the Indian t.i.tle; the reserving of tracts of land for the Indians, sufficient to furnish 160 acres of land to each family of five; providing for the maintenance of schools, and prohibition of the sale of intoxicating liquors on the reserves; a present of three dollars per head to the Indians and the payment to them of an annuity of three dollars per head. [Footnote: In consequence of misunderstandings having arisen, owing to the Indians alleging that certain promises had been made to them which were not specified in these treaties, a revision of them became necessary, and was effected in 1875, as will be seen reported hereafter.] (See copy of treaty which will be found in the Appendix.) On the 21st of August Mr. Commissioner Simpson, accompanied by the Lieutenant-Governor, the Hon. James McKay, and Mr. Molyneux St. John (lately Sheriff of the North-West Territories), met the Indians at Manitoba Post, and found them disposed to accept the terms of the treaty made at the Stone Fort, with which they had already become familiar, so that little time was lost in effecting a treaty with them as they had no special terms to prefer. By these two treaties, there was acquired by the Crown, the extinguishment of the Indian t.i.tle in Manitoba, and in a tract of country fully equal in resources beyond it.

Having submitted these preliminary remarks, I conclude my notice of these treaties by quoting, as matter alike of historical record and practical interest, the despatches of Lieutenant-Governor Archibald and the excellent and instructive report, addressed to the Secretary of State by Mr. Simpson, embracing as it does a full and graphic narrative of the proceedings which took place at the negotiation of these treaties, and of the difficulties which were encountered by the Commissioner, and the mode in which they were overcome.

GOVERNMENT HOUSE, SILVER HEIGHTS July 32nd, 1871.

Sir,--I have the honor to enclose you copy of a proclamation I have caused to be issued with a view to prevent the danger arising from intoxicating drinks being given to the Indians, on the occasion of the meeting to negotiate a treaty.

I look upon the proceedings, we are now initiating as important in their bearing upon our relations to the Indians of the whole continent. In fact the terms we now agree upon will probably shape the arrangements we shall have to make with all the Indians between the Red River and the Rocky Mountains. It will therefore be well to neglect nothing that is within our power to enable us to start fairly with the negotiations.

With that view, I have, amongst other things, asked Major Irvine to detail a few of his troops to be present at the opening of the treaty. Military display has always a great effect on savages, and the presence even of a few troops will have a good tendency.

I fear we shall have to incur a considerable expenditure for presents of food, etc. during the negotiations; but any cost for that purpose I shall deem a matter of minor consequence. The real burden to be considered is that which has to be borne in each recurring year.

I doubt if it will be found practicable to make arrangements upon so favorable a basis as that prescribed by His Excellency the Governor-General as the maximum to be allowed, in case of a treaty with the Lake Indians.

Nor indeed would it be right, if we look to what we receive, to measure the benefits we derive from coming into possession of the magnificent territory we are appropriating here by what would be fair to allow for the rocks and swamps and muskegs of the lake country east of this Province.

But to this subject I shall probably take occasion to call your attention at an early day.

I have etc., ADAMS G. ARCHIBALD.

THE HONORABLE THE SECRETARY OF STATE FOR THE PROVINCES, Ottawa.

LOWER FORT GARRY, July 20th, 1871.

Sir,--I have the honor to inform you that on Monday last I came to this Fort with the Commissioner to meet the Indians called here, with a view to negotiate a treaty, intending to open the business on Tuesday morning.

It appeared, however, on inquiry, that some bands of Indians had not arrived on Tuesday morning, and we were therefore obliged to postpone the opening of the meeting till Thursday. On that day the Indians from all the sections of the country to which the invitation extended were found present to the number of about one thousand. A considerable body of half-breeds and other inhabitants of the country were also present, awaiting with some anxiety to learn what should be announced as the policy of the Government.

I enclose you a memorandum of the observations with which I opened the meeting. On reading them you will observe one or two points which may require some explanation.

At the time of the treaty with the Earl of Selkirk, certain Indians signed as Chiefs and representatives of their people. Some of the Indians now deny that these men ever were Chiefs or had authority to sign the treaty.

With a view therefore to avoid a recurrence of any such question we asked the Indians, as a first step, to agree among themselves in selecting their Chiefs and then to present them to us and have their names and authority recorded.

Furthermore, the Indians seem to have false ideas of the meaning of a reserve. They have been led to suppose that large tracts of ground were to be set aside for them as hunting grounds, including timber lands, of which they might sell the wood as if they were proprietors of the soil.

I wished to correct this idea at the outset.

Mr. Simpson followed me with some observations in the same strain, after which the Indians retired to select their Chiefs and spokesmen.

On Friday morning the Chiefs and spokesmen were duly presented, and after their names were recorded, the Indians were invited to express their views.

After some delay they stated that there was a cloud before them which made things dark, and they did not wish to commence the proceedings till the cloud was dispersed.

On inquiring into their meaning, I found that they were referring to some four of their number who were prisoners in gaol. It seems that some Swampy Indians had entered into a contract with the Hudson's Bay Company as boatmen, and had deserted, and had been brought up before magistrates under a local law of last session, and fined, and in default of payment sent to prison for forty days.

Of this term some considerable part had expired. A few of the offenders had paid their fines, but there were still four Indians remaining in prison.

On learning the facts I told the Indians that I could not listen to them if they made a demand for the release of the Indians as a matter of right; that every subject of the Queen, whether Indian, half-breed or white, was equal in the eye of the law; that every offender against the law must be punished, whatever race he belonged to; but I said that on the opening of negotiations with them the Queen would like to see all her Indians taking part in them, and if the whole body present were to ask as a matter of grace and favor, under the circ.u.mstances, that their brethren should be released, Her Majesty would be willing to consent to their discharge; she would grant as a favor what she must refuse if asked for on any other ground. They replied by saying that they begged it as a matter of favor only. Thereupon I acceded to their request, and directed the discharge of the four Indians. This was received with great satisfaction. I explained again, that there might be no misunderstanding about it, that henceforth every offender against the law must be punished. They all expressed their acquiescence in what I said. The discharge of the prisoners had an excellent effect.

Next morning the Indians, through one of their spokesmen, declared in presence of the whole body a.s.sembled that from this time they would never raise their voice against the law being enforced. After the order of the release, the Chiefs and spokesmen addressed us questions were asked and answered, and some progress made in the negotiations. Eventually the meeting adjourned till this morning at ten o'clock.

A general acquiescence in the views laid down by Mr. Simpson and myself was expressed, but it was quite clear by the proceedings of to-day, that our views were imperfectly apprehended. When we met this morning, the Indians were invited to state their wishes as to the reserves, they were to say how much they thought would be sufficient, and whether they wished them all in one or in several places.

In defining the limits of their reserves, so far as we could see, they wished to have about two-thirds of the Province. We heard them out, and then told them it was quite clear that they had entirely misunderstood the meaning and intention of reserves. We explained the object of these in something like the language of the memorandum enclosed, and then told them it was of no use for them to entertain any such ideas, which were entirely out of the question. We told them that whether they wished it or not, immigrants would come in and fill up the country; that every year from this one twice as many in number as their whole people there a.s.sembled would pour into the Province, and in a little while would spread all over it, and that now was the time for them to come to an arrangement that would secure homes and annuities for themselves and their children.