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PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
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abandon their lands in New York and how the Treaty of Paris
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
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a home for the Six Nations. This document set out that, -
with the said Indians by our Royal Predecessors, Kings and Queens
for the Six Nations after the Treaty of Paris and its disappoint-
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with the said Indians by our Royal Predecessors, Kings and Queens
for the Six Nations after the Treaty of Paris and its disappoint-
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
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“ The King has had under His Royal consideration, the two
letters which you delivered to me on the 4th. January
last,in the presence of Colonel Johnson, and other Officers
of the Indian Department; the first of these representing
the claims of the Mohawks for losses sustained by them and
other Tribes of Indians from the depredations committed on
their lands by the Americans during the late War;and the
second, expressing the desire of the Indian Confederacy
to be informed what assistance they might expect from this
Country in case they should be engaged in disputes with
the Americans relative to their lands situated within the
territory to which His Majesty has relinquished His Sov-
ereignty”. After promising to make good these leases.
“ This liberal conduct on the part of His Majesty,He trusts
will not leave a doubt upon the minds of His Indian A1lies
that he shall at all times be ready to attend to their
future welfare, and that he shall be anxious upon every
occasion,wherein their interests and happiness may be con-
cerned, to give then such further testimonies of His Royal
Favour and countenance, as can consistently with due re-
gard to the National Faith, and the honor and dignity of His
Crown, be afforded to them. His Majesty recommends to His
Indian Allies to continue united in their Couneils, and that
their measures may be conducted with temper ant moder- ation
from which added to a peaceable demeanor on their part, they
must experience many essential benefits and be post-likely
to secure to themselves the possession of those rights and
privileges which their Ancestors have heretofore
enjoyed”. sd &c.
The Six Nations claim the exercise on their own tribal land
Respectfully submitted,
The Six Nations claim the exercise on their own tribal land
Respectfully submitted,
[signature]
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
Dear Mr Scott;
Referring to our recent conversation, I send you
herewith the original memorandum submitted by Mr Chisholm,
through Mr Sinclair,on behalf of the Six Nation Indians with
relation to their constitutional status and rights,
and I shall be obliged if you will be good enough to
return it to ne after you have finished with it.
I may say, that while I remain of the opinion
heretofore expressed that the Six Nation Indians are
subject to Dominion legislation applying to Indians and
lands reserved for the Indians and have no power to legis-
late except such as may be conferred by Parliament,it
would, I have no doubt,be quite competent to the Governor
in Council to submit to the Supreme Court for considera-
tion the questions which Mr Chisholm desires if you should
consider it in the interests of the administration to do
so.
PUBLIC ARCHIVES
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CANADA
this day. Captain Brent expressed the wish that the Governor-
“should give the Superintendent and Inspector General of Indian affairs
instructions and empower Lieutenant-Colonel Butler to purchase from
the Mississagua, or proprietors, a tract of land consisting of about
Six miles on each side of the Grand River called Oswego running
from the River La Tranche into Lake Erie, for the use of the Mohawks
and such of the Six Nations as are inclined to join then in that
settlement. Colonel Butler is fully acquainted with the view and
inclinations of Captain Brant and the Mohawks respecting this settle-
ment, and only waits the General's approbation to make the purchase,
the sooner this can be done the better, as they would remove at
this spring........The above mentioned 1imits are only meant for the
Indians of the Six Nations who may settle there, but a more considerable
tract of land may at the same time be purchased on very reasonable
terms whereon to settle loyalists, or for any future purpose.”
“Father,- He the Mississagas are not the owners of all the Land
laying between the three Lakes, but we have agree and are willing
to transfer our right of soil and property to the King our Father,
for the use of His People, and our Brethren the Six Nations, from
the Head of the Lake Ontario or the Creek Wayhguats to the river
La Tranche then down that River until a south course will strike
the mouth of Catfish Creek on Lake Erie, this tract of land we
imagine will be quite sufficient both for the King’s people and our
Brethren the Six Nations, who may wish to settle and hunt thereon”
(Arch. Series B, vol. 23, p. 349).
PUBLIC ARCHIVES
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“all that parcel or tract of Lama lying and being between the Lakes
Ontario and Brie, beginning at Lake Ontario, four miles [illegible]
westerly from the point opposite to Niagar [illegible]
of Mississaga point and running from thence along said lake to
the creek that falls from a small Lake into the said Lake Ontario
known by the name Waghquata, from thence a north-west course until
it strikes the River La Tranche or New River, then down the stream
of said river to that part or place where a due south course will
lead to the mouth of Catfish Creek emptying into Lake Erie, and
from the above mentioned part or place of the aforesaid River La
Tranche following the south course to the mouth of said Catfish
Creek, thence down Lake Erie to the lands heretofore purchased
from the nation of Mississagas Indians and from thence along the
said purchase to Lake Ontario at the place beginning as above
mentioned (Arch. Series Q.,vol.329)
PUBLIC ARCHIVES
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CANADA
the Quetec Committee above referred to, under this date is the
following:
because of
“the purchase money for the original 1784 transfer not having
been paid at the time or at any rate not in full" (Letter of Lord
Knutsford to Governor General Stanley of Preston, 3 September 1809,
See. 8).
being impossible for a “north-west course" from the head of Lake Ontario
of presents which formed part of the consideration for the land con-
tinued after the second surrender had been made (Despatch Governor
Since. 20 September 1793: Arch. Series Q., vol. 279, p. 488). The
description in the second surrender bounds the lands which have always
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
The patent was not registered until 20 February 1857. The original
is in the Dominion Archives.
PUBLIC ARCHIVES
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CANADA
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with the brief filed by the counsel of the Six Nations and
which they have received, they are not subject to the legis-
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with the brief filed by the counsel of the Six Nations and
which they have received, they are not subject to the legis-
The Honourable
PUBLIC ARCHIVES
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CANADA
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PUBLIC ARCHIVES
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CANADA
"It is well known that claims have been made from the
time of Joseph Brant that the Indians were not in-reality sub-
jects of the King but an independent people - allies of Hin
Majesty - and in a measure at least exempt from the civil
laws governing the true subject. "Treaties" have been made
wherein they are called “faithful allies" and the like [illegible]
there is extant an (unofficial) opinion of Mr.(afterwards
Cheif) Justice Powell that the Indians so long as they are
within their villages are not subject to the ordinary laws of
the Province.
As to the so-called Treaties. John Beverley Robinson,
Attorney-General of Upper Canada (afterwards Sir John Bever-
ley Robinson I.J.) in an official letter to Robert [illegible]
Herton, Under Secretary of State for War and Colonies, March
14, 1824, said:
‘To talk of Treaties with the Mohawk Indians residing
in the heart of one of the most populous Districts of Upper
Canada upon lands purchased for then and given to them by
the British Government, is much the same in my humble opinion
as to talk of making a treaty of alliance with the Jews in
Duke Street or with the French Immigrants who have settled in
England.’ Canadian Archives Q.337, pt. II, pp.367-368.
I cannot express my own opinion more clearly or con-
vincingly.
The unofficial view expressed by Mr. Justice Powell
at one time, we did not continue to hold.
The question of the liability of Indian to the general law
of the land came up in 1822. Shawanakiskie of the Ottawa
Tribe was convicted at Sandwich of the murder of an Indian
women on the street of Amherstburgh and sentenced to death.
Mr. Justice Campbell respited the sentence as it was contented that
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
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The report ignores the unique TREATY between BRITAIN and her allies
the STI NATIONS,which neither side has ever renounced. It misrepresents
as a new thing, the Chiefs asserting their rights [illegible]
by constant Use and Wont been always, until recently, most carefully
respected,both by Britain and Canada.The only novelty is in these vener
-able rights being now questioned, this since the Six Nations resisted the
application of by officials of certain post-war laws to their self-govern
-ing territory.They rightly thought these laws hurtful & even dangerous
in themselves. They were made by the late Government, & the new Minister
of the Interior has admitted their danger by offering to amend them.
They have brought poverty to many who accepted their supposed privila
-eges.The report says the Six Nations are “protected by the Indian Act”.
I do not think that Act was ever held to apply to the Six Nations, but the
report says nothing of “The Act to Amend the Indian Act”, 1929, in which
section 109 instead of protecting any Indians whatever has er had the power to
destroy them as communities & protect only their grave-yards, at the Indi
-ans’ expense.
It is not quite correct to term the Grand River “the Indian reserve”
as their land was not reserve but a gift of compensation and acknowledge
-ment, from the King, “to be enjoyed by them and their posterity for ever”.
The word “fanaticism”, used in the report must be admitted to misrepresent
state of affairs. The report says that the majority of the people
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
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of the Hon. Frank Oliver, Minister of the Interior and Sup. Gen. of Ind
Grand River, Ontario, who, I maintain, are in a different legal position from
any Inidan bands who are native to the country.They had their home in the
United States. At the close of the war of the revolution they emigrated to
Canada and were given lands under a special treaty, not as subjects of
enfranchised, the common land or other property of the band may be sold
by the Sup. Gen. and the proceeds of such sale placed to the credit of the
band, to be divided”
The Indian Depart. Wrote me that “in no circumstances could the Inidan
land be alienated” and that “the Gov. had never even considered compulsory
the Indian Depart. officials has the statements were not to be relied on,
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
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The report ignores the unique TREATY between BRITAIN and her allies
the STI NATIONS,which neither side has ever renounced. It misrepresents
as a new thing, the Chiefs asserting their rights [illegible]
by constant Use and Wont been always, until recently, most carefully
respected,both by Britain and Canada.The only novelty is in these vener
-able rights being now questioned, this since the Six Nations resisted the
application of by officials of certain post-war laws to their self-govern
-ing territory.They rightly thought these laws hurtful & even dangerous
in themselves. They were made by the late Government, & the new Minister
of the Interior has admitted their danger by offering to amend them.
They have brought poverty to many who accepted their supposed privila
-eges.The report says the Six Nations are “protected by the Indian Act”.
I do not think that Act was ever held to apply to the Six Nations, but the
report says nothing of “The Act to Amend the Indian Act”, 1929, in which
section 109 instead of protecting any Indians whatever has er had the power to
destroy them as communities & protect only their grave-yards, at the Indi
-ans’ expense.
It is not quite correct to term the Grand River “the Indian reserve”
as their land was not reserve but a gift of compensation and acknowledge
-ment, from the King, “to be enjoyed by them and their posterity for ever”.
The word “fanaticism”, used in the report must be admitted to misrepresent
state of affairs. The report says that the majority of the people
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
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Governing by the old and admired laws of the Six Nations. I have yet to hear
of any dimensions.
The report says that the Canadian [illegible]
recognize the Chiefs’ claims. This ought be “of late”, as I have said,
and if so, why why has it met them by offering a Commission of Invest-
-tigation? The report mentions the first offer of a Royal Commission, but
does not say “of three judges of the court of Ontario”. The Six Nations acc-
-epted the modified offer in good faith of which I have the proofs,but what
people on earth would expect or be able to endure in such circumstances a
raid with fire-arms on some of their homes next morning, as if inspired by
someone who wished to prevent the commission of Investigation?
The report says nothing of the Six Nations’ large funds or of the
Chiefs’ repeated request for an audit &an account, but this was to be
one of the subjects for investigation by the Commission.
I omitted to say that the report, when telling of the Chiefs’ acc-
-eptance of the offer and of the writer’s observing that since then they
“had proceeded to Washington and attempted to lay their claims’, before the
League of Nations, (the world’s first league of Peace, thus called for 3
Centuries “the Six Nations”, well do so), says nothing of the infamous
Raid on the morning after the Chiefs wrote their acceptance of the Canadian
Government’s offer; which no doubt drove them to Washington.
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
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of the Hon. Frank Oliver, Minister of the Interior and Sup. Gen. of Ind
Grand River, Ontario, who, I maintain, are in a different legal position from
any Indian bands who are native to the country.They had their home in the
United States. At the close of the war of the revolution they emigrated to
Canada and were given lands under a special treaty, not as subjects of
enfranchised, the common land or other property of the band may be sold
by the Sup. Gen. and the proceeds of such sale placed to the credit of the
band, to be divided”
The Indian Depart. Wrote me that “in no circumstances could the Inidan
land be alienated” and that “the Gov. had never even considered compulsory
the Indian Depart. officials has the statements were not to be relied on,
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA
Page 289-91
Present
PUBLIC ARCHIVES
ARCHIVES PUBLIQUES
CANADA