Treaty 3

(3.)—TREATY with the Saulteaux Tribe of Ojibbeway Indians. North-West Angle of the Lake of the Woods, October 3, 1873.

Articles of a Treaty made and concluded this 3rd day of October, in the year of Our Lord 1873, 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 Albert Norbert Provencher, and Simon James Dawson, of the one part; and the Saulteaux Tribe of the Ojibbeway 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 purposes 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 to 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 thereby named the following persons for that purpose, that is to say:—Kee-ta-kay-pi-nais (Rainy River). Kitihi-gay-kake (Rainy River), No-te-na-qua-hung (North-West Angle), Mawe-do-pe-nais (Rainy River), Pow-wa-sang (North-West Angle), Canda-com-igo-wi-ninie (North-West Angle), Pa-pa-ska-gin (Rainy River), May-nowah-tau-ways-kung (North-West Angle), Kitchi-ne-ka-be-han (Rainy River), Sah-katch-eway (Lake Seul), Muka-day-wah-sin (Kettle Falls), Me-kie-sies (Rainy Lake, Fort Francis), Oos-conna-geist (Rainy Lake), Wah-shis-kince (Eagle Lake), Rah-kie-yash (Flower Lake), Go-bay (Rainy Lake), Ka-me-ti-ash (White Fish Lake), Nee-sho-tal (Rainy River), Kee-jee-go-kay (Rainy River), Sha-sha-gance (Shoal Lake), Shah-win-ni-bi-nais (Shoal Lake), Ay-ash-a-wash (Buffalo Point), Pay-ah-bee-wash (White Fish Bay), Rah-tay-tay-pa-o-cutch (Lake of the Woods).

And thereupon, in open Council, the different bands having presented the men of their choice to the said Commissioners as the Chiefs and Headmen for the purposes aforesaid, of the respective bands of Indians inhabiting the said district herein after described:

And whereas the said Commissioners then and there received and acknowledged the persons so presented as Chiefs and Headmen for the purposes 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 for ever, 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 45° east from Fort Alexander at the mouth of the Winnipeg; thence south 45° west to Fort Alexander at the mouth of the Winnipeg; thence southerly along the eastern bank of the Winnipeg to the mouth of the 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 3rd of August, 1871,^[1] namely, by White Mouth River to White Mouth Lake, and thence on a line, having the general bearing of White Mouth River, to the 49th parallel of north latitude, thence by the 49th parallel of north latitude to the Lake of the Woods, and from thence by the International Boundary Line to the place of beginning:

The tract comprised within the lines above described embracing an area of 55,000 square miles, be the same more or less:

To have and to hold the same to Her Majesty the Queen and her successors for ever.

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 reserve, whether for farming or other purposes, shall in nowise exceed in all one square mile for each family of five, or in that proportion for larger or smaller families, and such selection 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 reserves 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 12 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 reserves shall desire it.

Her Majesty further agrees with her said Indians that within the boundary of Indian reserves, until otherwise determined by the 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 influence 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 the right to pursue their avocations of hunting and fishing throughout the tract surrendered as herein before 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 her 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 5 dollars per head yearly.

It is further agreed between Her Majesty and the said Indians that the sum of 1,500 dollars per annum shall be yearly and for 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 10 families as aforesaid; five harrows for every 20 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 grindstone, 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 25 dollars per annum, and each subordinate officer, not exceeding three for each band, shall receive 15 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 here after to inhabit any part of the said ceded tract; and that they will not molest the person or property of any inhabitant 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.

(LS)	Alexander Morris, L. G.
	J. A. N. Provencher, Indian Commissioner.
Their	S. J. Dawson, Indian Commissioner
X	Kee-ta-kay-pi-nais.
X	Kitihi-gay-kake.
X	No-te-na-qua-hung.
X	Mawe-do-pe-nais.
X	Pow-wa-sang.
X	Canda-com-igo-wi-ninie.
X	Pa-pa-ska-gin.
X	May-no-wah-tau-ways-kung.
X	Kitchi-ne-ka-be-han.
X	Sah-katch-eway.
X	Muka-day-wah-sin.
X	Me-kie-y-ash.
X	Go-bay.
X	Ka-me-ti-ash.
X	Nee-sho-tal.
X	Kee-jee-ko-kay.
X	Sha-sha-ganoe.
X	Sha-win-na-bi-nais.
X	Ay-ash-a-wash.
X	Pay-ah-bee-wash.
X	Rah-tay-tay-ap-o-ouch.
marks.

Signed by the Chiefs within named in presence of the following witnesses, the same having been first read and explained by the Honourable James McKay:—

James McKay, and 16 others.

We hereby certify that the foregoing is a true copy of the original Articles of Treaty of which it purports to be a copy.

Alexander Morris, Lieutenant-Governor.
J. A. N. Provencher, Indian Commissioner.
S. J. Dawson, Indian Commissioner.

We having had communication of the Treaty, 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 wo 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 held, 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, for ever.

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 13th day of October, in the year of Our Lord 1873.

For and on behalf of the Commissioners, the Honourable Alexander Morris, Lieutenant-Governor of Manitoba and the North-West Territories, Joseph Albert Norbert Provencher, Esq., and the undersigned:—

Their	S. J. Dawson, Commissioner.
X	Pay-ba-ma-chas.
X	Re-ba-quin.
X	Me-tas-so-que-ne-skank.
marks.

Signed by S. J. Dawson, Esq., one of Her Majesty's said Commissioners, for and on behalf and with the authority and consent of the Honourable 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 them selves 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 following witnesses:—

Thomas A. P. Towers.	His	Unzzari.
John Aitken.	X	Jas. Loganosh.
A. J. McDonald.	mark.	Pinllsise.

Lac Seul, June 9, 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 3rd day of October, in the year of Our Lord 1873, between Her Most Gracious Majesty the Queen of Great Britain and Ireland, by her Commissioners, Honourable 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 Salteaux tribes of Ojiboas 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.

Their	R. J. N. Pither, Indian Agent.
X	Chief John Cromarty.
X	Ackemence, Councillor.
X	Maineetainequire, Councillor.
X	Nah-Kee-jeckwake, Councillor.
marks.

The whole Treaty explained by R. J. N. Pither.

Witnesses:
James McKenzie.	His
Louis Kittson.	X	Nicholas Chatelaine.
	marks.

1. See Page 682.