Treaty 1

(1.)—TREATY with the Chippewa and Swampy Cree Tribes of Indians. Lower Fort Garry, August 3, 1871.

 

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Articles of A Treaty made and concluded this 3rd day of August, in the year of Our Lord 1871, between Her Most Gracious Majesty the Queen of Great Britain and Ireland, by her Commissioner, Wemyss M. Simpson, Esq., of the one part, and the Chippewa and Swampy Cree tribes of India, 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 all the Indians inhabiting the said country have, pursuant to an appointment made by the said Commissioner, been convened at a meeting at the Stone Fort, otherwise called Lower Fort Garry, to deliberate upon certain matters of interest to Her Most Gracious Majesty, of the one part, and to the said Indians of the other:

And whereas the said Indians have been notified and in formed by Her Majesty's said Commissioner that it is the desire of Her Majesty to open up to settlement and immigration 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 arrangements 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, year by year, 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 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 Her Majesty for the faithful performance, by their respective bands, of such obligations as should be assumed by them the said Indians, have thereupon named the following persons for that purpose, that is to say, Mis-Koo-Kenew, or Red Eagle (Henry Prince); Ka-Ke-Ka-penais, or Bird for Ever; Nasha-Ke-penais, or Flying-down Bird; Na-na-wa-nanan, or Centre of Bird's Tail; Ke-we-tayash, or Flying round; Wa-Ko-wush, or Whip-poor-Will; Oi-za-we-Kwun, or Yellow Quill; and thereupon, in open Council, the different bands have presented their respective Chiefs to his Excellency the Lieutenant-Governor of the Province of Manitoba, and of the North-West Territory, being present at such Council, and to the said Commissioner, 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 Lieutenant-Governor and the said Commissioner then and there received and acknowledged the persons so presented as Chiefs and Headmen for the purpose aforesaid:

And whereas the said Commissioner has proceeded to negotiate a Treaty with the said Indians, and the same has finally been agreed upon and concluded as follows, that is to say:—

The Chippewa and Swampy Cree tribes of Indians, and all other the Indians inhabiting the district hereinafter described and defined, do hereby cede, release, surrender, and yield up to Her Majesty the Queen and her successors for ever, all the lands included within the following limits, that is to say: beginning at the International Boundary Line near its junction with the Lake of the Woods at a point due north from the centre of Roseau Lake, then to run due north to the centre of Roseau Lake; thence northward to the centre of White Mouth Lake, otherwise called White Mud Lake; thence by the middle of the lake and the middle of the river issuing therefrom to the mouth thereof in Winnipeg River; thence by the Winnipeg River to its mouth; thence westwardly, including all the islands near the south end of the lake across the lake to the mouth of the Drunken River; thence westwardly, to a point on Lake Manitoba, half way between Oak Point and the mouth of Swan Creek; thence across Lake Manitoba on a line due west to its western shore; thence in a straight line to the crossing of the Rapids on the Assiniboine; thence due south to the International Boundary Line, and thence eastwardly by the said line to the place of beginning, to have and to hold the same to her said Majesty the Queen and her successors for ever; and Her Majesty the Queen hereby agrees and undertakes to lay aside and reserve for the sole and exclusive use of the Indians the following tracts of land, that is to say, for the use of the Indians belonging to the band of which Henry Prince, otherwise called Mis-Koo-Kenew, is the Chief, so much of land on both sides of the Red River, beginning at the south line of St. Peter's parish, as will furnish 160 acres for each family of five, or in that proportion for larger or smaller families; and for the use of the Indians of whom Na-sha-Ke-penais, Na-na-wa-nanan, Ke-we-tayash, and Wa-Ko-wush, are the Chiefs, so much land on the Roseau River as will furnish 160 acres for each family of five, or in that proportion for larger or smaller families, beginning from the mouth of the river; and for the use of the Indians of which Ka-Ke-Ka-penais is the Chief, so much land on the Winnipeg River, above Fort Alexander, as will furnish 160 acres for each family of five, or in that proportion for larger or smaller families, beginning at a distance of a mile or thereabout above the fort; and for the use of the Indians of whom Oi-za-we-Kwun is Chief, so much land on the south and east side of the Assiniboine, about 20 miles above the Portage, as will furnish 160 acres for each family of five, or in that proportion for larger or smaller families, reserving also a further tract inclosing said reserve, to comprise an equivalent to 25 square miles of equal breadth, to be laid out round the reserve; it being understood, however, that if at the date of the execution of this Treaty there are any settlers within the bounds of any 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 the Indians.

And with a view to show the satisfaction of Her Majesty with the behaviour and good conduct of her Indians, parties to this Treaty, she hereby, through her Commissioner, makes them a present of 3 dollars for each Indian man, woman, and child belonging to the bands here represented.

And further, Her Majesty agrees to maintain a school on each reserve hereby made, whenever the Indians of the reserve should desire it.

Within the boundary of Indian reserves, until otherwise enacted by the proper legislative authority, 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 Majesty's Indian subjects, inhabiting the reserves or living elsewhere, from the evil influence of the use of intoxicating liquors, shall be strictly enforced.

Her Majesty's Commissioner shall, as soon as possible after the execution of this Treaty, cause to be taken an accurate census of all the Indians inhabiting the district above described, distributing them in families, and shall in every year ensuing the date hereof, at some period during the month of July, in each year to be duly notified to the Indians, and at or near the respective reserves, pay to each Indian family of five persons the sum of 15 dollars Canadian currency, or in like proportion for a larger or smaller family, such payment to be made in such articles as the Indians shall require of blankets, clothing, prints (assorted colours), twine or traps, at the current cost price in Montreal, or otherwise, if Her Majesty shall deem the same desirable in the interests of her Indian people, in cash.

And the undersigned Chiefs do hereby bind and pledge themselves and their people strictly to observe this Treaty, and to maintain perpetual peace between themselves and Her Majesty's white subjects, and not to interfere with the property or in any way molest the persons of Her Majesty's white or other subjects.

In witness whereof Her Majesty's said Commissioner and the said Indian Chiefs have hereunto subscribed and set their hand and seal, at the Lower Fort Garry, this day and year herein first above mentioned.

Signed, sealed, and delivered in the presence of (the same having been first read and explained)—

Their	Wemyss M. Simpson, Indian Commissioner
X	Mis-Koo-Ke-New, or Red Eagle (Henry Prince).
X	Ka-Ke-Ka-Penais, or Bird for Ever (William Pennefather).
X	Na-Sha-Ke-Penais, or Flying-down Bird.
X	Na-Na-Wa-Nanan, or Centre of Bird's Tail.
X	Ke-We-Tay-Ash, or Flying Round.
X	Wa-Ko-Wush, Whip-poor-Will.
X	Oi-Za-We-Kwun, or Yellow Quill.
marks.

Adams G. Archibald, Lieutenant-Governor of Manitoba and the North- West Territories, and 10 others.