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the vicinity of Lakes Huron and Superior, and portions of which have been occupied for Mining purposes.

The Committee of Council having reference to the proceedings already taken with a view of adjusting the claims of the Indians, and also to a late report on the subject from the Commissioner of Crown Lands, which will form the subject of a separate minute, are respectfully of opinion, that a sum not exceeding £100 be advanced to the Indians to enable them to return; and the Committee are further of opinion that Mr. Robinson be authorized on the part of the Government to negotiate with the several tribes for the adjustment of their claims to the lands in the vicinity of Lakes Superior and Huron, or of such portions of them as may be required for mining purposes.

The Committee of Council are further of opinion that Mr. Robinson should be instructed to communicate to the Indians the fact of his appointment, and that it is his intention to proceed to Lake Superior at such time as may be found most convenient for meeting with the Chiefs; and that he be likewise instructed to impress on the minds of the Indians, that they ought not to expect excessive remuneration for the partial occupation of the territory heretofore used as hunting grounds, by persons who have been engaged in developing sources of wealth which they had themselves entirely neglected.

The Committee of Council are further of opinion, that Mr. Robinson should warn the Indians against listening to the counsels of any one who may advise them to resort to criminal proceedings, which will not only render the parties participating in them amenable to the laws of the Province, but likewise entail expenses which will necessarily diminish the fund from which alone the means of affording compensation can be obtained. The Commissioner of Crown Lands will advance to Mr. Robinson the sum required, which must form a charge against any moneys received on account of the mining locations.

LAKE SUPERIOR TREATY, 1850.

This agreement made and entered into on the seventh day of September, in the year of our Lord, 1850, at Sault Sainte Marie, in the Province of Canada, between the Honourable William Benjamin Robinson, of the one part, on behalf of Her Majesty the Queen, and Joseph Peaudechat, John Ininway, Mishemuckqua, Totomenai, Chiefs, and Jacob Wasseba, Ahmutchwagabon, Michel Shebageshick, Manitoshainse and Chigenaus, principal men of the Ogibbeway Indians inhabiting the northern shore of Lake Superior, in the said Province of Canada, from Batchewanaung Bay to Pigeon River, at the western extremity of said lake, and inland throughout that extent to the height of land which separates the territory covered by the Charter of the Honourable the Hudson's Bay Company from the said tract, and also, the islands in the said lake within the boundaries of the British possessions therein, of the other part;

Witnesseth, that for and in consideration of the sum of £2,000 of good and lawful money of Upper Canada, to them in hand paid, and for the further perpetual annuity of £500, the same to be paid and delivered to the said Chiefs and their tribes at a convenient season of each summer, not later than the first day of August, at the Honourable the Hudson's Bay Company's posts of Michipicoten and Fort William, they, the said Chiefs and principal men, do freely, fully and voluntarily surrender, cede, grant and convey unto Her Majesty, her heirs and successors, for ever, all their right, title and interest in the whole of the territory above described, save and except the reservations set forth in the schedule hereunto annexed, which reservation shall be held and occupied by the said Chiefs and their tribes in common for the purposes of residence and cultivation. And should the said Chiefs and their respective tribes at any time desire to dispose of any mineral or other valuable productions upon the said reservations, the same will be, at their request, sold by order of the Superintendent-General of the Indian Department for the time being, for their sole use and benefit and to the best advantage.

And the said William Benjamin Robinson, of the first part, on behalf of Her Majesty and the Government of this Province, hereby promises and agrees to make the payments as before mentioned, and further, to allow the said Chiefs and their tribes the full and free privileges to hunt over the territory now ceded by them, and to fish in the waters thereof, as

they have heretofore been in the habit of doing, saving and excepting only such portions of the said territory as may from time to time be sold or leased to individuals, or companies of individuals, and occupied by them with the consent of the Provincial Government.

The parties of the second part further promise and agree that they will not sell, lease, or otherwise dispose of any portion of their reservations without the consent of the Superintendent-General of Indian Affairs being first had and obtained; nor will they at any time hinder or prevent persons from exploring or searching for minerals or other valuable productions in any part of the territory hereby ceded to Her Majesty, as before mentioned. The parties of the second part also agree, that in case the Government of this Province should, before the date of this agreement, have sold or bargained to sell any mining locations or other property, on the portions of the territory hereby reserved for their use and benefit, then, and in that case, such sale or promise of sale shall be perfected, if the parties interested desire it, by the Government, and the amount accruing therefrom shall be paid to the tribe to whom the reservation belongs.

The said William Benjamin Robinson, on behalf of Her Majesty, who desires to deal liberally and justly with all her subjects, further promises and agrees that in case the territory hereby ceded by the parties of the second part shall at any future period produce an amount which will enable the Government of this Province, without incurring loss, to increase the annuity hereby secured to them, then and in that case the same shall be augmented from time to time; provided, that the amount paid to each individual shall not exceed the sum of one pound, Provincial currency, in any one year, or such further sum as Her Majesty may be graciously pleased to order; and provided, that the number of Indians entitled to the benefit of this Treaty, shall amount to two-thirds of their present number (which is 1,240) to entitle them to claim the full benefit thereof; and should the numbers at any future period not amount to two-thirds of 1,240, the annuity shall be diminished in proportion to their actual numbers.

Schedules of Reservations made by the above-named and subscribing Chiefs and Principal Men.

First.-Joseph Peaudechat and his tribe; the reserve to commence about two miles from Fort William (inland), on the right bank of the River Kimimtiquia; thence westerly six miles parallel to the shores of the lake; thence northerly five miles; thence easterly to the right bank of the said river, so as not to interfere with any acquired rights of the Honourable the Hudson's Bay Company.

Second.-Four miles square at Gros Cap, being a valley near the Honourable the Hudson's Bay Company's Post of Michipicoten, for Totomenai and tribe.

Third.-Four miles square on Gull River, near Lake Nipigon, on both sides of said river, for the Chief Mishemuckqua and tribe.

Signed, sealed and delivered at Sault

Sainte Marie, the day and year first above written, in presence of

GEO. IRONSIDE, S. I. Affairs,

ARTHUR P. COOPER, Cap. Com. Rifle Brigade.,
H. N. BALFOUR, 2nd Lieut., Rifle Brigade.,

JOHN SWANSTON, C. F. Honble. Hudson's Bay Co.,

GEO. JOHNSTON, Interpreter,

J. W. KEATING.

W. B. ROBINSON,
JOSEPH PEAUDECHAT,
JOHN ININWAY,
MISHEMUCKQUA,
TOTOMENAI,

JACOB WASSABA,

АH MUтCHWAGABON,
MICHEL SHEBAGESHICK,
MANITON SHAINSE,
CHIGENAUS.

III.

Proclamations.

GEORGE R.

PROCLAMATION OF OCTOBER, 1763.

(Extracts.)

Whereas we have taken into our Royal consideration the extensive and valuable acquisitions in America, secured to our Crown by the late definitive Treaty of peace, concluded at Paris the 10th day of February last; and being desirous that all our loving subjects, as well of our kingdoms as of our colonies in America, may avail themselves with all convenient speed of the great benefits and advantages which must accrue therefrom to their commerce, manufactures, and navigation, we have thought fit, with the advice of our Privy Council, to issue this our Royal Proclamation, hereby to publish and declare to all our loving subjects, that we have, with the advice of our said Privy Council, granted our Letters Patent, under our Great Seal of Great Britain, to erect within the countries and islands ceded and confirmed to us by the said Treaty, four distinct and separate governments, styled and called by the names of Quebec, East Florida, West Florida, and Grenada, and limited and bounded as follows, viz. :

First. The government of Quebec, bounded on the Labrador coast by the River St. John, and from thence by a line drawn from the head of that river through the Lake St. John to the south end of the Lake Nipissim; from whence the said line, crossing the River St. Lawrence and the Lake Champlain in 45 degrees of north latitude, passes along the high lands which divide the rivers that empty themselves into the said River St. Lawrence from those which fall into the sea; and also along the north coast of the Baie des Chaleurs and the coast of the Gulph of St. Lawrence to Cape Rosieres; and from thence, crossing the mouth of the River St. Lawrence by the west end of the Island of Anticosti, terminates at the aforesaid River St. John.

Secondly, the government of East Florida, bounded, &c.
Thirdly, the government of West Florida, bounded, &c.
Fourthly, the government of Grenada, comprehending, &c.

And to the end that the open and free fishery of our subjects may be extended to and carried on upon the coast of Labrador and the adjacent islands, we have thought fit, with the advice of our said Privy Council, to put all that coast, from the River St. John's to Hudson's Straits, together with the Islands of Anticosti and Madeline, and all other smaller islands lying upon the said coast, under the care and inspection of our Governor of Newfoundland.

We have also, with the advice of our Privy Council, thought fit to annex the Islands of St. John and Cape Breton, or Isle Royale, with the lesser islands adjacent thereto, to our Government of Nova Scotia.

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And whereas it will greatly contribute to the speedy settling our said new Governments, that our loving subjects should be informed of our paternal care for the security of the liberty and properties of those who are, and shall become, the inhabitants thereof; we have thought fit to publish and declare, by this, our Proclamation, that we have, in the Letters Patent under our Great Seal of Great Britain, by which the said Governments are constituted, given express power and direction to our Governors of our said colonies respectively, that so soon as the state and circumstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our Council, summon and call General Assemblies within the said Governments respectively, in such manner and form as is used and directed in those Colonies and Provinces in America which are under our immediate government; and we have also given power to the said Governors, with the consent of our said Council and the representatives

of the people, so to be summoned as aforesaid, to make, constitute, and ordain laws, statutes, and ordinances for the public peace, welfare, and government of our said colonies, and of the people and inhabitants thereof, as near as may be, agreeable to the laws of England, and under such regulations and restrictions as are used in other colonies; and in the meantime, and until such Assemblies can be called as aforesaid, all persons inhabiting, in, or resorting to, our said colonies, may confide in our Royal protection for the enjoyment of the benefit of the laws of our realm of England: for which purpose we have given power under our Great Seal to the Governors of our said colonies respectively, to erect and constitute, with the advice of our said Councils respectively, Courts of judicature and public justice within our said colonies, for the hearing and determining all causes as well criminal as civil, according to law and equity, and as near as may be agreeable to the laws of England, with liberty to all persons who may think themselves aggrieved by the sentence of such Courts in all civil cases, to appeal, under the usual limitations and restrictions, to us, in our Privy Council.

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And we do further declare it to be our Royal will and pleasure for the present, as aforesaid, to receive under our Sovereignty, protection, and dominion for the use of the said Indians, all the lands and territories not included within the limits of our said three new Governments, or within the limits of the territory granted to the Hudson's Bay Company, as also all the land and territories lying to the westward of the sources of the rivers which fall into the sea from the west and north-west as aforesaid; and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever, or taking possession of any of the lands above reserved, without our special leave and license, for that purpose first obtained.

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Given at our Court of St. James, the 7th day of October, 1763, in the third year of our reign.

PROCLAMATION BY GENERAL GAGE TO THE FRENCH SETTLERS IN THE ILLINOIS, 1764.*

[Captain Stirling was despatched in 1765 by General Gage to take possession of the posts and settlements of the French in the Illinois country east of the Mississippi. Upon his arrival, St. Ange surrendered Fort Chartres, and retired with the garrison of twentyone men, and a third of the inhabitants of that settlement, to St. Louis, where he exercised the duties of commandant by the general consent of the people, till he was superseded by the Spanish governor, Piernes, in 1770. Upon assuming the government of the country, Captain Stirling published the following proclamation from General Gage, who was at this time the Commander-in-Chief of the British forces in North America]:

Whereas by the peace concluded at Paris, the tenth day of February, 1763, the country of Illinois has been ceded to His Britannic Majesty, and the taking possession of the said country of the Illinois by the troops of His Majesty, though delayed, has been determined upon: We have found it good to make known to the inhabitants

That His Majesty grants to the inhabitants of the Illinois the liberty of the Catholic religion, as has already been granted to his subjects in Canada. He has consequently given the most precise and effective orders to the end that his new Roman Catholic subjects of the Illinois may exercise the worship of their religion according to the rites of the Romish Church, in the same manner as in Canada.

That His Majesty moreover agrees that the French inhabitants or others, who have been subjects of the Most Christian King, may retire in full safety and freedom wherever they please, even to New Orleans, or any part of Louisiana, although it should happen that the Spaniards take possession of it in the name of his Catholic Majesty; and they may sell their estates, provided it be to the subjects of His Majesty, and transport their

*Albach's Annals, p. 188.

[graphic]

s well as their persons, without restraint upon their emigration, under any whatever, except in consequence of debts or of criminal processes.

those who choose to retain their lands and become subjects of His Majesty, by the same rights and privileges, the same security for their persons and effects, iberty of trade, as the old subjects of the King.

they are commanded by these presents to take the oath of fidelity and obedience ajesty in presence of Sieur Stirling, Captain of the Highland Regiment, the Teof, and furnished with our full powers for this purpose.

we recommend forcibly to the inhabitants to conduct themselves like good and subjects, avoiding, by a wise and prudent demeanor, all causes of complaint

they act in concert with His Majesty's officers, so that his troops may take posall the forts, and order be kept in the country. By this means alone they will Majesty the necessity of recurring to force of arms, and will find themselves m the scourge of a bloody war, and of all the evils which a march of an army country would draw after it.

direct that these presents be read, published, and posted up in the usual places. e and given at head-quarters, New-York, signed with our hands, sealed with our ms, and countersigned by our Secretary, this 30th of December, 1764.

HE THIRD, by the Grace of God, of Great Britain, France and Ireland, King, der of the Faith, and so forth.

loving subjects whom these presents may concern, greeting:

eas we have thought fit by and with the advice of our Privy Council, by our Council, dated in the month of August last, to order that our Province of Quebec divided into two distinct Provinces, to be called the Province of Upper Canada rovince of Lower Canada, by separating the said two Provinces according to ng line of division, viz :-"To commence at a stone boundary on the north e Lake St. Francis, at the Cove West of Pointe au Bodet, in the limit between hip of Lancaster and the Seigneurie of New Longueuil, running along the said e direction of north thirty-four degrees west to the westernmost angle of the eurie of New Longueuil; thence along the north-western boundary of the of Vaudreuil, running north twenty-five degrees east until it strikes the iver, to ascend the said river into the Lake Tomiscanning, and from the head 1 lake by a line drawn due north until it strikes the boundary line of Hudson's ding all the territory to the westward and southward of the said line to the tent of the country commonly called or known by the name of Canada." whereas by an Act passed in the last session of Parliament, intituled, "An Act ertain parts of an Act passed in the fourteenth year of His Majesty's reign, intiAct for making more effectual provision for the Government of the Province of

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