Treaty Texts - Treaty No. 5
Treaty 5 between Her Majesty the Queen and the Saulteaux and Swampy Cree Tribes of Indians at Beren's River and Norway House with Adhesions
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© The Queen's Printer, Ottawa. 1969
Cat. No.: R33-0557
IAND Publication
No. QS-0573-000-EE-A-1
Treaty no. 5
ARTICLES OF A TREATY made and concluded at Beren's River the 20th day of September, and at Norway House the 24th day of September, in the year of Our Lord one thousand eight hundred and seventy-five, 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, and the Honourable James McKay, of the one part, and the Saulteaux and Swampy Cree tribes of 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 meetings at Beren's River and Norway House 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 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 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 the 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:
For the Indians within the Beren's River region and their several bands: Nah-wee-kee-sick-quah-yash, Chief; Kah-nah-wah-kee-wee-nin and Nah-kee-quan-nay-yash, Councillors, and Pee-wah-roo-wee-nin, of Poplar River; Councillors for the Indians within the Norway House region and their several bands: David Rundle, Chief, James Cochrane, Harry Constatag and Charles Pisequinip, Councillors; and Ta-pas-ta-num, or Donald William Sinclair Ross, Chief, James Garrioch and Proud McKay, Councillors.
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 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 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 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 the north corner or junction of Treaties Nos. 1 and 3; then easterly along the boundary of Treaty No. 3 to the "Height of Land," at the northeast corner of the said treaty limits, a point dividing the waters of the Albany and Winnipeg Rivers; thence due north along the said "Height of Land " to a point intersected by the 53° of north latitude; and thence north-westerly to "Favourable Lake"; thence following the east shore of said lake to its northern limit; thence north-westerly to the north end of Lake Winnipegoosis; then westerly to the "Height of Land" called "Robinson's Portage"; thence north-westerly to the east end of "Cross Lake"; thence north-westerly crossing "Foxes Lake"; thence north-westerly to the north end of "Split Lake"; thence south-westerly to "Pipestone Lake," on "Burntwood River "; thence south-westerly to the western point of "John Scott's Lake"; thence south-westerly to the north shore of "Beaver Lake"; thence south-westerly to the west end of "Cumberland Lake"; thence due south to the "Saskatchewan River"; thence due south to the north-west corner of the northern limits of Treaty No. 4, including all territory within the said limits, and all islands on all lakes within the said limits, as above described; and it being also understood that in all cases where lakes form the treaty limits, ten miles from the shore of the lake should be included in the treaty.
And also all their rights, titles and privileges whatsoever to all other lands wherever situated in the North-west Territories or in any other Province or portion of Her Majesty's dominions situated and being within the Dominion of Canada;
The tract comprised within the lines above described, embracing an area of one hundred 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 other reserves 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, provided all such reserves shall not exceed in all one hundred and sixty acres for each family of five, or in that proportion for larger or smaller families-in manner following, that is to say: For the Band of "Saulteaux, in the Beren's River" region, now settled or who may within two years settle therein, a reserve commencing at the outlet of Beren's River into Lake Winnipeg, and extending along the shores of said lake, and up said river and into the interior behind said lake and river, so as to comprehend one hundred and sixty acres for each family of five, a reasonable addition being, however, to be made by Her Majesty to the extent of the said reserve for the inclusion in the tract so reserved of swamp, but reserving the free navigation of the said lake and river, and free access to the shores and waters thereof, for Her Majesty and all Her subjects, and expecting thereout such land as may have been granted to or stipulated to be held by the "Hudson Bay Company," and also such land as Her Majesty or Her successors, may in Her good pleasure, see fit to grant to the Mission established at or near Beren's River by the Methodist Church of Canada, for a church, school-house, parsonage, burial ground and farm, or other mission purposes; and to the Indians residing at Poplar River, falling into Lake Winnipeg north of Beren's River, a reserve not exceeding one hundred and sixty acres to each family of five, respecting, as much as possible, their present improvements:
And inasmuch as a number of the Indians now residing in and about Norway House of the band of whom David Rundle is Chief are desirous of removing to a locality where they can cultivate the soil, Her Majesty the Queen hereby agrees to lay aside a reserve on the west side of Lake Winnipeg, in the vicinity of Fisher River, so as to give one hundred acres to each family of five, or in that proportion for larger or smaller families, who shall remove to the said locality within "three years," it being estimated that ninety families or thereabout will remove within the said period, and that a reserve will be laid aside sufficient for that or the actual number; and it is further agreed that those of the band who remain in the vicinity of "Norway House" shall retain for their own use their present gardens, buildings and improvements, until the same be departed with by the Queen's Government, with their consent first had and obtained, for their individual benefit, if any value can be realized therefore:
And with regard to the Band of Wood Indians, of whom Ta-pas-ta-num, or Donald William Sinclair Ross, is Chief, a reserve at Otter Island, on the west side of Cross Lake, of one hundred and sixty acres for each family of five or in that proportion for smaller families-reserving, however, to Her Majesty, Her successors and Her subjects the free navigation of all lakes and rivers and free access to the shores thereof; Provided, however, that Her Majesty reserves the right to deal with any settlers within the bounds of any lands reserved for any band as She shall deem fit, and also that the aforesaid reserves of land or any interest therein may be sold or otherwise disposed of by Her Majesty's Government for the use and benefit of the said Indians entitled thereto, with their consent 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 five 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 the 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 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 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 five 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, in manner following, that is to say: in the reasonable discretion as regards the distribution thereof among the Indians inhabiting the several reserves or otherwise included therein of Her Majesty's Indian Agent have the supervision of this treaty.
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 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 also one cross-cut saw, one hand-saw, one pit-saw, the necessary files, one grindstone, and 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 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, and 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 tracts, and that they will not molest the person or property of any inhabitant of such ceded tracts, or the property of Her Majesty the Queen, or interfere with or trouble any person passing or travelling through the said tracts, 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 "Beren's River" this twentieth day of September, A.D. 1875, and at Norway House on the twenty-fourth day of the month and year herein first above named.
THOS. HOWARD,
A. G. JACKES, M.D.,
CHRISTINE MORRIS,
E. C. MORRIS,
ELIZABETH YOUNG,
WILLIAM McKAY,
JOHN Mc KAY,
EGERTON RYERSON YOUNG
JAMES McKAY, [L.S.]
NAH-WEE-KEE-SICK-QUAH-YASH,
otherwise, JACOB BERENS, Chief,
his x mark
KAH-NAH-WAH-KEE-WEE-NIN,
otherwise, ANTOINE GOUIN,
his x mark
NAH-KEE-QUAN-NAY-YASH,
his x mark
PEE-WAH-ROO-WEE-NIN,
his x mark
Councillors.
RODK. ROSS,
JOHN H. RUTTAN, Methodist Minister,
O. GRINDER, Methodist Min.,
D. C. McTAVISH,
ALEX. SINCLAIR,
L. C. McTAVISH,
CHRISTINE V. K. MORRIS,
E. C. MORRIS,
A. G. JACKES, M.D.,
THOS. HOWARD.
JAMES McKAY, [L.S.]
DAVID RUNDLE, Chief.
his x mark
JAMES COCHRANE,
his x mark
HARRY CONSTATAG,
his x mark
CHARLES PISEQUINIP,Councillors. his x mark
TA-PAS-TA-NUM, or, DONALD WILLIAM
his x mark
SINCLAIR ROSS, Chief,
his x mark
GEORGE GARRIOCK,
his x mark
PROUD McKAY,Councillors.
his x mark
We, the Band of the Saulteaux Tribe of Indians residing at the mouth of the Saskatchewan River, on both sides thereof, having had communication of the foregoing treaty, hereby, and in consideration of the provisions of the said treaty being extended to us, transfer, surrender and relinquish to Her Majesty the Queen, Her heirs and successors, to and for the use of the Government of Canada, all our right, title and privileges whatsoever, which we have or enjoy in the territory described in the said treaty, and every part thereof, to have and to hold to the use of Her Majesty the Queen and Her heirs and successors for ever. And Her Majesty agrees, through the said Commissioners, to assign a reserve of sufficient area to allow one hundred and sixty acres to each family of five, or in that proportion for larger or smaller families-such reserve to be laid off and surveyed next year on the south side of the River Saskatchewan.
And having regard to the importance of the land where the said Indians are now settled in respect of the purposes of the navigation of the said river and transport in connection therewith, and otherwise, and in view of the fact that many of the said Indians have now houses and gardens on the other side of the river and elsewhere which they will abandon, Her Majesty agrees, through Her said Commissioners, to grant a sum of five hundred dollars to the said Band to be paid in equitable proportions to such of them as have houses, to assist them in removing their houses to the said reserve or building others.
And the said Indians, represented herein by their Chiefs and Councillors, presented as such by the Band, do hereby agree to accept the several provisions, payments and other benefits as stated in the said treaty, 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 had been originally contracting parties thereto.
IN WITNESS WHEREOF, Her Majesty's said Commissioners and the said Indian Chief and Councillors have hereunto subscribed and set their hands, at the Grand Rapids, this twenty-seventh day of September, in the year of Our Lord one thousand eight hundred and seventy-five.
THOS. HOWARD,
RODK. ROSS,
E. C. MORRIS,
A. G. JACKES, M.D.,
ALEX. MATHESON,
JOSEPH HOUSTON,
CHRISTINE V. K. MORRIS.
JAMES McKAY, [L.S.]
PETER BEARDY, Chief,
his x mark
JOSEPH ATKINSON,
his x mark
ROBERT S. ANDERSON, Councillors
his x mark
Adhesion by Saulteaux or Chippewa Indians
Memorandum.
The Queen's Indian Commissioners having met Thick-foot and a portion of the Island Band of Indians at Wa-pang or Dog-head Island on the 28th day of September, A.D. 1875, request him to notify the Island Indians and those of Jack-head Point to meet at Wa-pang an Indian Agent next summer to receive payments under the treaty which they have made with the Indians of Norway House, Beren's River, Grand Rapids and Lake Winnipeg, and in which they are included, at a time of which they will be notified, and to be prepared then to designate their Chief and two Councillors. The Commissioners have agreed to give some of the "Norway House" Indians a reserve at Fisher Creek, and they will give land to the Island Indians at the same place.
Given at Wa-pang this 28th day of September, A.D. 1875, under our hands.
ALEX. MORRIS, L.G.
JAMES McKAY.
I accept payments under the treaty for myself and those who may adhere to me, and accept the same and all its provisions as a Principal Indian, and agree to notify the Indians as above written.
WaA-Pang, September 28th, 1875.
Witness:
Thos. Howard,
Rodk. Ross.
Thick-Foot
his x mark
Adhesion by Saulteaux or Chippewa Indians
We, the Band of Saulteaux Tribe of Indians residing at the mouth of Black River, on the east shore of Lake Winnipeg, having had communication of the treaty made and concluded at Beren's River the 20th day of September, 1875, between Her Most Gracious Majesty the Queen, by Her Commissioners the Honourable Alexander Morris, Lieutenant-Governor of the Province of Manitoba and the Northwest Territories, and the Honourable James McKay, and the different tribes of Indians and inhabitants of the country within the limits mentioned in the said treaty, hereby, and in consideration of the provisions of the said treaty being extended to us, transfer, surrender and relinquish to Her Majesty the Queen, Her heirs and successors, to and for the use of the Government of Canada, all our rights, titles and privileges whatsoever which we may have or enjoy in the territory descript in the said treaty, and every part thereof-and to hold to the use of Her Majesty the Queen, and heirs and successors forever. And Her Majesty agrees through the Acting Indian Superintendent, to assign the reserve of sufficient area to allow one hundred and sixty acres to each family of five, or in that proportion for smaller or larger families, on the banks of the said Black River.
IN WITNESS WHEREOF, the said Acting Indian Superintendent and the said Indians, represented by their Chief and Councillors, have hereunto subscript and set their hands at Winnipeg, the seventh day of September, in the year of Our Lord one thousand eight hundred seventy-six.
J. A. N. PROVENCHER,
JAS. F. GRAHAM,
H. MARTINEAU,
J. P. WRIGHT,
his x mark
JOSEPH SAYER,
his x mark
JOHN SAYER.
his x mark
Adhesion by Saulteaux or Chippewa and Cree Indians
ARTICLE OF AGREEMENT AND ADHESION TO A TREATY made and concluded at Beren's River on the 20th day of September and at Norway House the 24th day of September, in the year of Our Lord one thousand eight hundred and seventy-five, 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, and the Honourable James McKay, of the one part, and the Saulteaux and Swampy Cree Tribes of 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:
We, the Band of Saulteaux and Swampy Cree Indians, residing at the "Pas," on the Saskatchewan River, Birch River, the Pas Mountain and File Lake, and known as "The Pas Band"; and at Cumberland Island, Sturgeon River, Angling River, Pine Bluff, Beaver Lake and the Ratty Country, and known as "The Cumberland Band"; and at Moose Lake and Cedar Lake, and known as "The Moose Lake Band," having had communication of the aforesaid treaty, of which a true copy is hereunto annexed, hereby, and in consideration of the provisions of the said treaty being extended to us, transfer, surrender and relinquish to Her Majesty the Queen, Her heirs and successors, to and for the use of the Government of Canada, all our rights, title and privileges whatsoever, which we have or enjoy in the territory described in the said treaty and every part thereof, to have and to hold to the use of Her Majesty the Queen and Her heirs and successors forever.
And Her Majesty agrees, through Her representative as hereinafter named, to assign a reserve of sufficient area to allow one hundred and sixty acres to each family of five, or in that proportion for larger or smaller families, such reserves to be subject to the approval of Her Majesty's Government of the Dominion of Canada, and to be laid off and surveyed as soon as may be found practicable, in manner following, that is to say: For the "Pas" Band, a reserve on both sides of the Saskatchewan River at the "Pas"; but as the area of land fit for cultivation in that vicinity is very limited, and insufficient to allow of a reserve being laid off to meet the requirements of the Band, that the balance of such reserve shall be at "Birch River" and the "Pas Mountain"; for the "Cumberland Band" a reserve at "Cumberland Island," and as the land fit for cultivation there is also limited and insufficient to meet their requirements, that the balance of that reserve shall be at a point between the "Pine Bluff" and "Lime Stone Rock," on "Cumberland Lake"; and for the "Moose Lake Band" a reserve at the north end of "Moose Lake," called Little Narrows-reserving, however, to Her Majesty, Her heirs, successors, and Her subjects, the free navigation of all lakes and rivers, and free access to the shores thereof, and excepting thereout such land as may have been granted to or stipulated to be held by the Hudson's Bay Company at the Pas and Cumberland Island, and also such land as Her Majesty or Her successors may in their good pleasure see fit to grant to the missions established at the "Pas" and Cumberland Island by the Church Missionary Society, and the mission established at Cumberland Island by the Roman Catholic Church; and provided Her Majesty, Her heirs and successors, reserve the right to deal with any settlers within the bounds of any lands reserved for any Band as She shall deem fit.
And the said Indians, represented herein by their Chiefs and Councillors, presented as such by the Bands, do hereby agree to accept the several provisions, payments, and other benefits, as stated in the said treaty, and solemnly promise and engage to abide by, carry out and fulfil all 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 had been originally contracting parties thereto.
IN WITNESS WHEREOF, the Honourable Thomas Howard, acting herein for Her Majesty under special authority of the Honourable Alexander Morris, Lieutenant-Governor of Manitoba and of the North-west Territories, and Chief Superintendent of Indian Affairs for the Manitoba Superintendency, and the said Chiefs and Councillors, have hereunto subscribed and set their hands at the "Pas," on the Saskatchewan River, this seventh day of September, in the year of Our Lord one thousand eight hundred and seventy-six.
H. BELLANGER,
HENRY COCHRANE, Missionary,
CHARLES D. RICKARDS,
CHARLES ADAMS, C. Clk., H.B. Co.,
WALTER R. NURSEY,
JOHN CLEMONS
THOMAS NIXON, Jr.,
ROBERT BALLENDINE,
A. M. MUCKLE, J.P.
"Pas Band".
JOHN CONSTANT, Chief,
his x mark
JAMES COOK, Sr.,
his x mark
JOHN BELL, Jr.,
his x mark
PETER BELL,
his x mark
DONALD COOK, Sr.,
his x mark
Councillors.
"Cumberland" Band.
JOHN COCHRANE, Chief,
his x mark
PETER CHAPMAN,
his x mark
ALBERT FLETT,
his x mark
Councillors.
"Moose Lake" Band.
O-TIN-IK-IM-AW, Chief,
his x mark
MA-IK-WUH-E-HA-POW,
his x mark
WA-ME-KWUW-UH-OP,
his x mark
KA-CHA-CHUCK-OOS,
his x mark
Councillors.
Adhesion by Saulteaux or Chippewa Indians
ARTICLES OF AGREEMENT AND ADHESION TO A TREATY made and concluded at Beren's River the 20th day of September, and at Norway House the 24th day of September, in the year of Our Lord one thousand eight hundred and seventy-five 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, and the Honourable James McKay, of the one part, and the Saulteaux and Swampy Cree Tribes of 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.
We, the Band of Saulteaux Indians residing in the vicinity of the Grand Rapids of the Beren's River, having had communication of the aforesaid treaty, of which a true copy is hereunto annexed, hereby and in consideration of the provisions of the said treaty being extended to us, transfer, surrender and relinquish to Her Majesty the Queen, Her heirs and successors, to and for the use of the Government of Canada, all our rights, titles and privileges whatsoever, which we have or enjoy in the territory described in the said treaty, and every part thereof, to have and to hold to the use of Her Majesty the Queen, and Her heirs and successors forever.
And Her Majesty agrees, through Her representatives as hereinafter named to assign a reserve of sufficient area to allow one hundred and sixty acres to each family of five, or in that proportion for larger or smaller families, such reserve to be laid off and surveyed as soon as may be found practicable, at or near the Sandy Narrows of the Beren's River, on both sides of the said river, reserving the free navigation of the said river, and free access to the shores thereof, to all Her Majesty's subjects.
And the said Indians, represented herein by their Chief and Councillor, presented as such by the Band, do hereby agree to accept the several provisions, payments and other benefits, as stated in the said treaty, 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 Chief 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 had been originally contracting parties thereto.
IN WITNESS WHEREOF, the Honourable Thomas Howard, and John Lestock Reid, Esquire, acting herein for Her Majesty, under special authority of the Honourable Alexander Morris, Lieutenant-Governor of Manitoba and the North-west Territories, and Chief Superintendent of Indian Affairs for the Manitoba Superintendency, and the said Chief and Councillor, have hereunto subscribed and set their hands at the Beren's River, this fourth day of August, A.D. 1876.
HENRY COCHRANE, Missionary
JAMES FLETT,
OWEN HUGHES,
ALEXANDER BEGG,
A. M. MUCKLE, J.P.,
GEO. COLDEE,
THOMAS PRATT,
WILLIAM McKAY,
THOMAS NIXON, Jr.
J. LESTOCK REID, [L.S.]
NAH-WEE-KEE-SICK-QUAH-YASH
(Or JACOB BERENS, of Beren's River),
his x mark
Chief,
NUN-AK-OW-AH-NUK-WAPE,
his x mark
Councillor.
Adhesion by Saulteaux and Chippewa Indians
ARTICLES OF AGREEMENT AND ADHESION TO A TREATY made and concluded at Beren's River the 20th day of September, and at Norway House the 24th day of September, in the year of Our Lord one thousand eight hundred and seventy five, 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, and the Honourable James McKay, of the one part, and the Saulteaux and Swampy Cree Tribes of 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:
We, the Band of Saulteaux Indians residing at or near the Big Island and the other islands in Lake Winnipeg, and also on the shores thereof, having had communication of the aforesaid treaty, of which a true copy is hereunto annexed, hereby, and in consideration of the provisions of the said treaty being extended to us, transfer, surrender, and relinquish to Her Majesty the Queen, Her heirs and successors, to and for the use of the Government of Canada, all our right, title and privileges whatsoever, which we have or enjoy in the territory described in the said treaty, and every part thereof, to have and to hold to the use of Her Majesty the Queen, and Her heirs and successors forever.
And Her Majesty agrees, through Her representatives as hereinafter named, to assign reserves of sufficient area to allow one hundred and sixty acres to each family of five, or in that proportion for larger or smaller families, such reserves to be selected for said Indians by a Dominion Land Surveyor, or other officer named for that purpose, with the approval of the said Indians, as soon as practicable.
And the said Indians, represented herein by their Chief and Councillors, presented as such by the Band, do hereby agree to accept the several provisions, payments and other benefits as stated in the said treaty, 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 Chief 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 had been originally contracting parties thereto.
IN WITNESS WHEREOF, the Honourable Thomas Howard, and John Lestock Reid, Esquire, acting herein for Her Majesty, under special authority of the Honourable Alexander Morris, Lieutenant-Governor of Manitoba and of the North-west Territories, and Chief Superintendent of Indian Affairs for the Manitoba Superintendency, and the said Chief and Councillors, have hereunto subscribed and set their hands, at Wapang, or Dog Head, Lake Winnipeg, this twenty-six day of July, A.D. 1876.
W. W. KIRBY, Archdeacon of York,
HENRY COCHRANE, Missionary,
ALEXANDER BEGG,
WILLIAM LEACK,
THOMAS NIXON, Jr.,
A. M. MUCKLE, J.P.
J. LESTOCK REID, [L.S.]
SA-KA-CHE-WAYAS, Chief, (Blood Vein River.)
his x mark
KA-TUK-E-PIN-AIS or HARDISTY, (Big Island.)
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THICKFOOT, (Dog Head.)
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SANG-GWA-WA- KA-POW, or JAMES SINCLAIR, (Jack Head),
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Councillors.
I, the Honourable Alexander Morris, Lieutenant-Governor of Manitoba and the North-west Territories, do hereby certify that the foregoing is a true copy of the treaty of which it purports to be a copy.
Given under my hand and seal at Fort Garry, this nineteenth day of July, A.D. 1876.
ALEXANDER MORRIS, L.G. [L.S.]
Adhesion to Treaty 5 by Split Lake and Nelson House
We, the undersigned Chiefs and Headmen, on behalf of ourselves and the other members of the Split Lake and Nelson House Bands of Indians, having had communication of the Treaty with certain Bands of Saulteaux and Swampy Cree Indians, known as Treaty No. 5, hereby in consideration of the provisions of the said Treaty being extended to us, it being understood and agreed that the said provisions shall not be retroactive, transfer, surrender, and relinquish to His Majesty the King, his heirs and successors, to and for the use of the Government of Canada, all our right, title and privileges whatsoever, which we have or enjoy in the territory described in the said Treaty, and every part thereof, to have and to hold to the use of His Majesty the King, and his heirs and successors forever.
And we also hereby transfer, surrender and relinquish to His Majesty the King, His heirs and successors, to and for the use of the Government of the Dominion of Canada, all our right, title and interest whatsoever which we and the said Bands which we represent hold and enjoy, or have held and enjoyed, of, in and to the territory within the following limits: All that portion of the North West Territories of Canada comprised within the following limits, that is to say; commencing where the sixtieth parallel of latitude intersects the water's edge of the West shore of Hudson Bay, thence West along the said parallel to the North East corner of the Province of Saskatchewan, thence south along the East boundary of the said Province, to the Northerly limit of the Indian treaty number Five, thence North Easterly, then South Easterly, then South Westerly and again South Easterly following the northerly limit of the said Treaty number Five to the intersection of a line drawn from the North East corner of the Province of Manitoba, North Fifty-five degrees East; thence on the said line produced fifty miles; thence North twenty-five degrees East one hundred and eighty miles more or less to a point situated due South of Cape Tatnam, thence due North ninety-eight miles more or less to the said Cape Tatnam; thence South Westerly and then Northerly following the water's edge of the West shore of Hudson Bay to the point of commencement, together with all the foreshores, and Islands adjacent to the said described tract of land, and containing approximately an area of one hundred and thirty-three thousand four hundred (133,400) square miles.
And also, all our right, title and interest whatsoever to all other lands wherever situated, whether within the limits of any other treaty heretofore made, or hereafter to be made with the Indians, and whether the said lands are situated in the North West Territories or elsewhere in His Majesty's Dominions, to have and to hold the same unto and for the use of His Majesty, the King, His heirs and successors forever.
And we hereby agree to accept the several benefits, payments and reserves promised to and accepted by the Indians adhering to the said Treaty No. 5. And we solemnly engage to abide by, carry out and fulfil all the stipulations, obligations and conditions therein contained on the part of the Chiefs and Indians therein named to be observed and performed, and we agree 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 attached our signatures to the said treaty.
And his Majesty hereby agrees to set apart Reserves of land of a like proportionate area to those mentioned in the original Treaty No. 5.
And his Majesty further hereby agrees to provide a grant proportionate to that mentioned in the original treaty to be yearly and every year expended by His Majesty in the purchase of ammunition and twine for nets for the use of the said Indians; and to further increase this annual grant in lieu of other supplies provided by the said treaty when this action is shown to be in the interests of the Indians.
And his Majesty further agrees to pay to each Indian a gratuity of Five Dollars in cash, once for all, in addition to the Five Dollars annuity promised by the Treaty in order to show the satisfaction of His Majesty with the behaviour and good conduct of his Indians and in extinguishment of all their past claims.
IN WITNESS WHEREOF, His Majesty's Special Commissioner and the Chiefs and Councillors of the Bands hereby giving their adhesion to the said treaty have hereunto subscribed and set their hands at Split Lake this Twenty-sixth day of June in the year of our Lord one thousand nine hundred and eight.
W. J. GRANT, M.D.
Medical Officer.
R. J. SPENCER, Clerk.
H. McKAY, Commissioner.
G. J. WARDNER, Constable.
H. C. McLEOD, H. B. COY.
J. M. THOMAS, C.F.
WM. KECHE-KESIK
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[Name in Cree characters]
CHARLES MORRIS
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[Name in Cree characters]
ALBERT SPENCE
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IN WITNESS WHEREOF, His Majesty's Special Commissioner and the Chiefs and Councillors of the Bands hereby giving their adhesion to the said treaty have hereunto subscribed and set their hands at Nelson House this thirtieth day of July in the year of our Lord one thousand nine hundred and eight.
W. J. GRANT, M.D.
Medical Officer.
R. J. SPENCER, Clerk.
H. McKAY, Commissioner.
G. J. WARDNER, Constable.
FRED. A. SEMMENS.
G. D. BUTLER, S/Sergt. R.N.W.M. Police
CHARLES GEORGE FOX, Missionary-Anglican.
GEO THOS. VINCENT.
ALEXANDER FLETT.
WILLIAM ISBESTER.
F. A. SEMMENS.
PETER MOOSE, Chief.
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[Name in Cree characters)
MURDOCH HART, Councillor.
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[Name in Cree characters]
JAMES SPENCE, Councillor.
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Adhesion to treaty no. 5 - 1908 - Norway House, Cross Lake, and Fisher River
Dated respectively: 8th July 1908; 15th July 1908; 24th August 1908.
WE, the undersigned principal men of the non-treaty Indians resident at the places hereinafter mentioned at which this adhesion has been signed having had communication of the Treaty with certain Bands of Saulteaux and Swampy Cree Indians, known as Treaty No. 5, hereby, in consideration of the provisions of the said Treaty being extended to us, it being understood and agreed that the said provisions shall not be retroactive, transfer, surrender and relinquish to His Majesty the King, his heirs and successors, to and for the use of the Government of Canada, all our right, title, and privileges whatsoever, which we have or enjoy in the territory described in the said treaty, and every part thereof, to have and to hold to the use of His Majesty the King, and his heirs and successors forever.
And also, all our right, title and interest whatsoever to all other lands wherever situated, whether within the limits of any other treaty heretofore made, or hereafter to be made with the Indians, and whether the said lands are situated in the North West Territories or elsewhere in His Majesty's Dominions, to have and to hold the same unto and for the use of His Majesty the King, His heirs and successors forever.
And His Majesty hereby agrees to set apart Reserves of land of a like proportionate area to those mentioned in the original Treaty No. 5, or if thought advisable, to add to Reserves already set aside proportionate areas for the Indians now by this Instrument giving their adhesion to the said Treaty.
And His Majesty further hereby agrees to provide a grant proportionate to that mentioned in the original Treaty to be yearly and every year expended by His Majesty in the purchase of ammunition and twine for nets for the use of the said Indians.
AND we hereby agree to accept the several benefits, payments and reserves promised to the Indians adhering to the said Treaty No. 5, it being understood and agreed by us that the said benefits and payments shall not be retroactive. And we solemnly engage to abide by, carry out and fulfil all the stipulations, obligations and conditions therein contained on the part of the Chiefs and Indians therein named to be observed and performed, and we agree 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 attached our signatures to the said treaty.
IN WITNESS WHEREOF His Majesty's Special Commissioner and the Chiefs and Councillors of the Bands hereby giving their adhesion to the said treaty have hereunto subscribed and set their hands at Norway House this eighth day of July and at Cross Lake this fifteenth day of July and at Fisher River this twenty-fourth day of August in the year of our Lord one thousand nine hundred and eight.
JOHN SEMMENS, Commissioner.
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PETER x MAHAM
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THOMAS x GRIEVE
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and 224 others at Norway House.
DANIEL MESWAKUN
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DAVID MONEAS
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SIMON MONEAS
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and 70 others at Cross Lake. PETER MURDO
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JAMES KIRKNESS
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and 17 others at Fisher River.
Witnessed by
R. J. SPENCER,
Clerk.
Adhesion to treaty no. 5
OXFORD HOUSE, GOD'S LAKE, and ISLAND LAKE BANDS.
Dated 29th day of July 1909
We, the undersigned Chiefs and Headmen, on behalf of ourselves and the other members of the Oxford House, God's Lake and Island Lake Band of Indians, having had communication of the Treaty with certain Bands of Saulteaux and Swampy Cree Indians, known as Treaty No. 5, hereby in consideration of the provisions of the said Treaty being extended to us, it being understood and agreed that the said provisions shall not be retroactive, transfer, surrender and relinquish to His Majesty the King, his heirs and successors, to and for the use of the Government of Canada, all our right, title and privileges whatsoever, which we have or enjoy in the territory described in the said Treaty, and every part thereof, to have and to hold to the use of His Majesty the King, and his heirs and successors forever.
And we also hereby transfer, surrender and relinquish to His Majesty the King, His heirs and successors, to and for the use of the Government of the Dominion of Canada, all our right, title and interest whatsoever which we and the said Bands which we represent hold and enjoy, or have held and enjoyed, of, in and to the territory within the following limits:-All that portion of the North West Territories of Canada comprised within the following limits, that is to say; commencing where the sixtieth parallel of latitude intersects the water's edge of the West shore of Hudson Bay, thence West along the said parallel to the North East corner of the Province of Saskatchewan, thence south along the East boundary of the said Province to the Northerly limit of the Indian treaty number Five, thence North Easterly, then South Easterly, then South Westerly and again South Easterly following the northerly limit of the said Treaty number Five to the intersection of a line drawn from the North East corner of the Province of Manitoba, North Fifty-five degrees East; thence on the said line produced fifty miles; thence North twenty-five degrees East one hundred and eighty miles more or less to a point situated due South of Cape Tatnam, thence due North ninety-eight miles more or less to the said Cape Tatnam; thence South Westerly and then Northerly following the water's edge of the West shore of Hudson Bay to the point of commencement, together with all the foreshores, and Islands adjacent to the said described tract of land, and containing approximately an area of one hundred and thirty-three thousand four hundred (133,400) square miles.
And also, all our right, title and interest whatsoever to all other lands wherever situated, whether within the limits of any other treaty heretofore made, of hereafter to be made with the Indians, and whether the said lands are situated in the North West Territories or elsewhere in His Majesty's Dominions, to have and to hold the same unto and for the use of His Majesty, the King, His heirs and successors forever.
And we hereby agree to accept the several benefits, payments and reserves promised to and accepted by the Indians adhering to the said Treaty No. 5. And we solemnly engage to abide by, carry out and fulfil all the stipulations, obligations and conditions therein contained on the part of the Chiefs and Indians therein named to be observed and performed, and we agree 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 attached our signatures to the said treaty.
And His Majesty hereby agrees to set apart Reserves of land of a like proportionate area to those mentioned in the original Treaty No. 5.
And His Majesty further hereby agrees to provide a grant proportionate to that mentioned in the original Treaty to be yearly and every year expended by His Majesty in the purchase of ammunition and twine for nets for the use of the said Indians; and to further increase this annual grant in lieu of other supplies provided by the said treaty when this action is shown to be in the interests of the Indians.
And His Majesty further agrees to pay to each Indian a gratuity of Five Dollars in cash, once for all, in addition to the Five Dollars annuity promised by the Treaty in order to show the satisfaction of His Majesty with the behaviour and good conduct of his Indians and in extinguishment of all their past claims.
IN WITNESS WHEREOF, His Majesty's Special Commissioner and the Chiefs and Councillors of the Bands hereby giving their adhesion to the said treaty have hereunto subscribed and set their hands at Oxford House this Twenty Ninth day of July in the year of Our Lord one thousand nine hundred and nine.
JOHN SEMMENS, Commissioner.
H. S. STEAD, Secretary.
WALTER ROSS, M.D.C.M.
CHRISTY THOMPSON,
H. A. McIVER,
A. E. KEMP,
BERTHA STEAD,
BARBARA ROSS.
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ROBERT CHUBB, H.S.S., Councillor.
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JAMES NATAWAYO, Councillor, H.S.S.
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And at God's Lake this 6th day of August in the year of Our Lord one thousand nine hundred and nine.
H.S. STEAD, Secretary.
A. B. MASSIL
E. T. BEVINGTON,
A. SWAIN
C. THOMPSON,
WALTER ROSS, M.D.C.M.,
WM. M. McEWEN, Commissary,
BARBARA ROSS,
BERTHA STEAD.
[Name in Cree characters]
(PETER WATT), Chief
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[Name in Cree characters]
(BIG SIMON), Councillor.
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PETER CHUBB, Councillor H.S.S.
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And at Island Lake this 13th day of August in the year of Our Lord one thousand nine hundred and nine.
H. S. STEAD, Secretary.
BERTHA STEAD,
BARBARA ROSS,
CHARLES B. ISBESTER,
C. CUNNUNGHAM,
WM. M. McEWEN, Commissary,
WALTER ROSS, M.D.C.M.
ALEX H. CUNNINGHAM.
GEORGE NOTT, Chief, H.S.S.
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JOSEPH LINKLATER, Councillor H.S.S.
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JOHN MASON Councillor, H.S.S.
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WE, the undersigned Chiefs and Headmen, on behalf of ourselves and the other members of the Deer Lake, Fort York and Fort Churchill Bands of Indians, having had communication of the Treaty with certain Bands of Saulteaux and Swampy Cree Indians, known as Treaty No. 5, hereby in consideration of the provisions of the said Treaty being extended to us, it being understood and agreed that the said provisions shall not be retroactive, transfer, surrender and relinquish to His Majesty the King, his heirs and successors, to and for the use of the Government of Canada, all our right, title and privileges whatsoever, which we have or enjoy in the territory described in the said Treaty, and every part thereof, to have and to hold to the use of His Majesty the King, and his heirs and successors forever.
And we also hereby transfer, surrender and relinquish to His Majesty the King, His heirs and successors, to and for the use of the Government of the Dominion of Canada, all our right, title and interest whatsoever which we and the said Bands which we represent hold and enjoy, or have held and enjoyed, of, in and to the territory within the following limits; All that portion of the North West Territories of Canada comprised within the following limits, that is to say; commencing where the sixtieth parallel of latitude intersects the water's edge of the West shore of Hudson Bay, thence West along the said parallel to the North East corner of the Province of Saskatchewan, thence south along the East boundary of the said Province to the Northerly limit of the Indian treaty number Five, thence North Easterly, then South Easterly, then South Westerly and again south Easterly following the northerly limit of the said Treaty Number Five to the intersection of a line drawn from the North East corner of the Province of Manitoba, North Fifty-five degrees East; thence on the said line produced fifty miles; thence North twenty-five degrees East one hundred and eighty miles more or less to a point situated due South of Cape Tatnam, thence due North ninety-eight miles more or less to the said Cape Tatnam; thence South Westerly and then Northerly following the water's edge of the West shore of Hudson Bay to the point of commencement, together with all the foreshores, and Islands adjacent to the said described tract of land, and containing approximately an area of one hundred and thirty-three thousand four hundred (133,400) square miles.
And also, all our right, title and interest whatsoever to all other lands wherever situated, whether within the limits of any other treaty heretofore made, or hereafter to be made with the Indians, and whether the said lands are situated in the North West Territories or elsewhere in His Majesty's Dominions, to have and to hold the same unto and for the use of His Majesty the King, His heirs and successors forever.
And we hereby agree to accept the several benefits, payments and reserves promised to and accepted by the Indians adhering to the said Treaty No. 5. And we solemnly engage to abide by, carry out and fulfil all the stipulations, obligations and conditions therein contained on the part of the Chiefs and Indians therein named to be observed and performed, and we agree 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 attached our signatures to the said Treaty.
And His Majesty hereby agrees to set apart Reserves of land of a like proportionate area to those mentioned in the original Treaty No. 5.
And His Majesty further hereby agrees to provide a grant proportionate to that mentioned in the original Treaty to be yearly and every year expended by His Majesty in the purchase of ammunition and twine for nets for the use of the said Indians; and to further increase this annual grant in lieu of other supplies provided by the said Treaty when this action is shown to be in the interests of the Indians.
And His Majesty further agrees to pay to each Indian a gratuity of Five Dollars in cash, once for all, in addition to the Five Dollars annuity promised by the Treaty in order to show the satisfaction of His Majesty with the behaviour and good conduct of his Indians and in extinguishment of all their past claims.
IN WITNESS WHEREOF, His Majesty's Special Commissioner and the Chiefs and Councillors of the Bands hereby giving their adhesion to the said Treaty have hereunto subscribed and set their hands at Deer's Lake East this ninth day of June in the year of our Lord one thousand nine hundred and ten.
[L.S.] ROBERT FIDDLER
Chief of Deer's Lake East.
his x mark
A. VERNON THOMAS, secretary to Commissioner.
HARVEY J. HASSARD, Physician,
WM. M. McEWEN, Commissary,
JOHN SEMMENS, [L.S.]
Commissioner.
FRENCH JOHN, Chief. [L.S.]
his x mark
SAM CHINASHAGUN, Councillor [L.S.]
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THOMAS CRAZY, Councillor [L.S.]
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C. N. C. HAYTER, Sgt. R.N.W.M.P.
ASHTON ASHTON
F. C. SEVIER, Missionary in Charge.
A. VERNON THOMAS, Clerk.
HARVEY. J. HASSARD, Physician.
JAMES MELVILLE, MACOUN
THOMAS N. MARCELLUS.
WM. M. McEWEN, Commissary.
Commissioner.
[Name in Indian characters] [L.S.]
CHARLES WASTASEKOOT, Chief.
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[Name in Indian characters] [L.S.]
ROBERT BEARDY, Councillor
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[Name in Indian characters] [L.S.]
SANDY BEARDY.
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Witnessed by:
HARVEY J. HANSARD, Physician.
LESLIE LAING
THOS. TURNBULL.
RICHARD FARIES, clk. in H.O.
R. L. BAYLIS.
A. VERNON THOMAS, Clerk.
Commissioner.