Treaty Texts: Treaty and Supplementary Treaty no. 7

Order in council setting up commission for Treaty no. 7

P.C. No. 650

On a Report dated 28th June 1877 from the Honourable the Minister of the Interior stating that it having been decided that a Treaty should be made this year with the Blackfeet and other Indians occupying the unceded territory North of the Boundary Line, East of the Rocky Mountains, and West and South of Treaties Nos. 4 and 6, His Honor Lieut. Governor Laird was in the early part of the year instructed to notify the Indians that Commissioners would be sent in the Fall to negotiate a Treaty with them at such time and place as His Honor might appoint for that purpose.

That His Honor has advised the Department that he has accordingly notified the Indians to assemble at Fort MacLeod on the 13th September next to meet the Commissioners to be appointed to negotiate a Treaty with them. That the necessary funds to meet the expense of the Treaty have been duly provided in the Estimates for the coming year.

That the Territory to be included in the proposed Treaty is occupied by the Blackfeet, Crees, Sarcees and Peigans and may be estimated approximately at about 35,000 Square Miles in area.

The Minister recommends that His Honor the Lieutenant Governor of the North West Territories and Lieut. Colonel James F. Macleod, C.M.G., Commissioner of the Mounted Police, be appointed Commissioners for the purpose of negotiating the proposed Treaty.

The Committee submit the foregoing recommendations for approval.

Signed: A. Mackenzie

Approved
12 July 1877
Signed: Mr. B. Richards
Deputy Governor

Articles of a treaty

Made and concluded this twenty-second day of September, in the year of Our Lord, one thousand eight hundred and seventy-seven, between Her Most Gracious Majesty the Queen of Great Britain and Ireland, by Her Commissioners, the Honorable David Laird, Lieutenant-Governor and Indian Superintendent of the North-West Territories, and James Farquharson MacLeod, C.M.G., Commissioner of the North-West Mounted Police, of the one part, and the Blackfeet, Blood, Piegan, Sarcee, Stony and other Indians, inhabitants of the Territory north of the United States Boundary Line, east of the central range of the Rocky Mountains, and south and west of Treaties numbers six and four, by their Head Chiefs and Minor Chiefs or Councillors, chosen as hereinafter mentioned, of the other part.

WHEREAS the Indians inhabiting the said Territory, have, pursuant to an appointment made by the said Commissioners, been convened at a meeting at the ·Blackfoot Crossingº of the Bow River, 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 informed by Her Majestyµs Commissioners that it is the desire of Her Majesty to open up for settlement, 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 between them and Her Majestyµs other subjects; and that Her Indian people may know and feel assured of what allowance they are to count upon and receive from Her Majestyµs bounty and benevolence;

And whereas the Indians of the said tract, duly convened in Council, and being requested by Her Majestyµs Commissioners to present their Head Chiefs and Minor Chiefs, or Councillors, who shall be authorized, on their behalf, to conduct such negotiations and sign any Treaty to be founded thereon, and to become responsible to Her Majesty for the faithful performance, by their respective Bands of such obligations as should be assumed by them, the said Blackfeet, Blood, Piegan and Sarcee Indians have therefore acknowledged for that purpose, the several Head and Minor Chiefs, and the said Stony Indians, the Chiefs and Councillors who have subscribed hereto, that thereupon in open Council the said Commissioners received and acknowledged the Head and Minor Chiefs and the Chiefs and Councillors presented for the purpose aforesaid;

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 Blackfeet, Blood, Piegan, Sarcee, Stony and other Indians inhabiting the district hereinafter more fully described and defined, do hereby cede, release, surrender, and yield up to the Government of Canada for Her Majesty the Queen and her successors for ever, all their rights, titles, and privileges whatsoever to the lands included within the following limits, that is to say:

Commencing at a point on the International Boundary due south of the western extremity of the Cypress Hills, thence west along the said boundary to the central range of the Rocky Mountains, or to the boundary of the Province of British Columbia, thence north-westerly along the said boundary to a point due west of the source of the main branch of the Red Deer River, thence south-westerly and southerly following on the boundaries of the Tracts ceded by the Treaties numbered six and four to the place of commencement;

And also all their rights, titles and privileges whatsoever, to all other lands wherever situated in the North-West Territories, or in any other portion of the Dominion of Canada:

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

And Her Majesty the Queen hereby agrees with her said Indians, that they shall have right to pursue their vocations of hunting throughout the Tract surrendered as heretofore described, subject to such regulations as may, from time to time, be made by the Government of the country, acting under the authority of Her Majesty and saving and excepting such Tracts as may be required or taken up from time to time for settlement, mining, trading or other purposes by Her Government of Canada; or by any of Her Majesty's subjects duly authorized therefor by the said Government.

It is also agreed between Her Majesty and Her said Indians that Reserves shall be assigned them of sufficient area to allow one square mile for each family of five persons, or in that proportion for larger and smaller families, and that said Reserves shall be located as follows, that is to say:

First. --- The Reserves of the Blackfeet, Blood and Sarcee Bands of Indians, shall consist of a belt of land on the north side of the Bow and South Saskatchewan Rivers, of an average width of four miles along said rivers, down stream, commencing at a point on the Bow River twenty miles north-westerly of the Blackfoot Crossing thereof, and extending to the Red Deer River at its junction with the South Saskatchewan; also for the term of ten years, and no longer, from the date of the concluding of this Treaty, when it shall cease to be a portion of said Indian Reserves, as fully to all intents and purposes as if it had not at any time been included therein, and without any compensation to individual Indians for improvements, of a similar belt of land on the south side of the Bow and Saskatchewan Rivers of an average width of one mile along said rivers, down stream; commencing at the aforesaid point on the Bow River, and extending to a point one mile west of the coal seam on said river, about five miles below the said Blackfoot Crossing; beginning again one mile east of the said coal seam and extending to the mouth of Maple Creek at its junction with the South Saskatchewan; and beginning again at the junction of the Bow River with the latter river, and extending on both sides of the South Saskatchewan in an average width on each side thereof of one mile, along said river against the stream, to the junction of the Little Bow River with the latter river, reserving to Her Majesty, as may now or hereafter be required by Her for the use of Her Indian and other subjects, from all the Reserves hereinbefore described, the right to navigate the above mentioned rivers, to land and receive fuel cargoes on the shores and banks thereof, to build bridges and establish ferries thereon, to use the fords thereof and all the trails leading thereto, and to open such other roads through the said Reserves as may appear to Her Majesty's Government of Canada, necessary for the ordinary travel of her Indian and other subjects, due compensation being paid to individual Indians for improvements, when the same may be in any manner encroached upon by such roads.

Secondly --- That the Reserve of the Piegan Band of Indians shall be on the Old Man's River, near the foot of the Porcupine Hills, at a place called "Crow's Creek."

And, Thirdly --- The Reserve of the Stony Band of Indians shall be in the vicinity of Morleyville.

In view of the satisfaction of Her Majesty with the recent general good conduct of her said Indians, and in extinguishment of all their past claims, she hereby, through her Commissioners, agrees to make them a present payment of twelve dollars each in cash to each man, woman, and child of the families here represented.

Her Majesty also agrees that next year, and annually afterwards forever, she will cause to be paid to the said Indians, in cash, at suitable places and dates, of which the said Indians shall be duly notified, to each Chief, twenty-five dollars, each minor Chief or Councillor (not exceeding fifteen minor Chiefs to the Blackfeet and Blood Indians, and four to the Piegan and Sarcee Bands, and five Councillors to the Stony Indian Bands), fifteen dollars, and to every other Indian of whatever age, five dollars; the same, unless there be some exceptional reason, to be paid to the heads of families for those belonging thereto.

Further, Her Majesty agrees that the sum of two thousand dollars shall hereafter every year be expended in the purchase of ammunition for distribution among the said Indians; Provided that if at any future time ammunition become comparatively unnecessary for said Indians, Her Government, with the consent of said Indians, or any of the Bands thereof, may expend the proportion due to such Band otherwise for their benefit.

Further, Her Majesty agrees that each Head Chief and Minor Chief, and each Chief and Councillor duly recognized as such, shall, once in every three years, during the term of their office, receive a suitable suit of clothing, and each Head Chief and Stony Chief, in recognition of the closing of the Treaty, a suitable medal and flag, and next year, or as soon as convenient, each Head Chief, and Minor Chief, and Stony Chief shall receive a Winchester rifle.

Further, Her Majesty agrees to pay the salary of such teachers to instruct the children of said Indians as to Her Government of Canada may seem advisable, when said Indians are settled on their Reserves and shall desire teachers.

Further, Her Majesty agrees to supply each Head and Minor Chief, and each Stony Chief, for the use of their Bands, ten axes, five handsaws, five augers, one grindstone, and the necessary files and whetstones.

And further, Her Majesty agrees that the said Indians shall be supplied as soon as convenient, after any Band shall make due application therefor, with the following cattle for raising stock, that is to say: for every family of five persons, and under, two cows; for every family of more than five persons, and less than ten persons, three cows, for every family of over ten persons, four cows; and every Head and Minor Chief, and every Stony Chief, for the use of their Bands, one bull; but if any Band desire to cultivate the soil as well as raise stock, each family of such Band shall receive one cow less than the above mentioned number, and in lieu thereof, when settled on their Reserves and prepared to break up the soil, two hoes, one spade, one scythe, and two hay forks, and for every three families, one plough and one harrow, and for each Band, enough potatoes, barley, oats, and wheat (if such seeds be suited for the locality of their Reserves) to plant the land actually broken up. All the aforesaid articles to be given, once for all, for the encouragement of the practice of agriculture among the Indians.

And the undersigned Blackfeet, Blood, Piegan and Sarcee Head Chiefs and Minor Chiefs, and Stony Chiefs and Councillors 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 between themselves and other tribes of Indians, and between themselves and others of Her Majesty's subjects, whether Indians, Half Breeds 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 inhabitant of such ceded tract, or the property of Her Majesty the Queen, or interfere with or trouble any person, passing or travelling through the said tract or any part thereof, and that they will 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 Head and Minor Chiefs, and Stony Chiefs and Councillors, have hereunto subscribed and set their hands, at the "Blackfoot Crossing" of the Bow River, the day and year herein first above written.

We the members of the Blackfoot tribe of Indians having had explained to us the terms of the Treaty made and concluded at the Blackfoot Crossing of the Bow River, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and seventy-seven;

Between Her Majesty the Queen, by Her Commissioners duly appointed to negotiate the said Treaty and the Blackfeet, Blood, Piegan, Sarcee, Stony and other Indian inhabitants of the country within the limits defined in the said Treaty, but not having been present at the Councils at which the articles of the said Treaty were agreed upon, do now hereby, for ourselves and the Bands which we represent, in consideration of the provisions of the said Treaty being extended to us and the 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 the Dominion of Canada, all our right, title, and interest whatsoever which we and the said Bands which we represent have held or enjoyed of in and to the territory described and fully set out in the said Treaty; 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 Indians, or elsewhere in Her Majesty's territories, to have and to hold the same unto and for the use of Her Majesty the Queen, Her heirs and successors forever;

And we hereby agree to accept the several benefits, payments, and Reserves promised to the Indians under the Chiefs adhering to the said Treaty at the Blackfoot Crossing of the Bow River, 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 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 at the Councils held at the Blackfoot Crossing of the Bow River, and had there attached our signatures to the said Treaty.

IN WITNESS WHEREOF, James Farquharson MacLeod, C.M.G., one of Her Majesty's Commissioners appointed to negotiate the said Treaty, and the Chief of the Band, hereby giving their adhesion to the said Treaty, have hereunto subscribed and set their hands at Fort MacLeod, this fourth day of December, in the year of our Lord one thousand and eight hundred and seventy-seven.