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
19th April 1871
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 following witnesses:
- Thos. A. P. Towers,
- John Aitken,
- A. J. McDonald.
- Uuzzaki.
- 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
- R. J. N. Pither, Indian Agent.
- John Cromarty, Chief. his x mark
The whole Treaty explained by R. J. N. Pither.
Witnesses:
- (Signed) James McKenzie.
- Louis Kittson.
- Nicholas Chatelaine. his x mark
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