Chapter VII · THE REVISION OF TREATIES NUMBERS ONE AND TWO

When Treaties, Numbers One and Two, were made, certain verbal promises were unfortunately made to the Indians, which were not included in the written text of the treaties, nor recognized or referred to, when these Treaties were ratified by the Privy Council. This, naturally, led to misunderstanding with the Indians, and to widespread dissatisfaction among them. This state of matters was reported to the Council by the successive Lieut.-Governors of Manitoba, and by the Superintendent of Indian Affairs. On examination of the original Treaty Number One, the Minister of the Interior reported that a memorandum was found attached to it signed by Mr. Commissioner Simpson, His Hon. Governor Archibald, Mr. St. John and the Hon. Mr. McKay, purporting to contain their understanding of the terms upon which the Indians concluded the treaty. This memorandum was as follows:

Memorandum of things outside of the Treaty which were promised at the Treaty at the Lower Fort, signed the 3rd day of August, A.D. 1871.

For each Chief that signed the treaty, a dress distinguishing him as Chief.

For braves and for councillors of each Chief, a dress: it being supposed that the braves and councillors will be two for each Chief.

For each Chief, except Yellow Quill, a buggy.

For the braves and councillors of each Chief, except Yellow Quill, a buggy.

In lieu of a yoke of oxen for each reserve, a bull for each, and a cow for each Chief; a boar for each reserve, and a sow for each Chief, and a male and female of each kind of animal raised by farmers; these when the Indians are prepared to receive them.

A plow and a harrow for each settler cultivating the ground.

These animals and their issue to be Government property, but to be allowed for the use of the Indians, under the superintendence and control of the Indian Commissioner.

The buggies to be the property of the Indians to whom they are given.

The above contains an inventory of the terms concluded with the Indians.

The Privy Council, by Order in Council, agreed to consider this memorandum as part of the original treaties, and instructed the Indian Commissioner to carry out the promises therein contained, which had not been implemented. They also agreed to offer to raise the annuities from three to five dollars per head, to pay a further annual sum of twenty dollars to each chief, and to give a suit of clothing every three years to each chief and head man, allowing four head men to each band, upon the distinct understanding however, that any Indian accepting the increased payment, thereby formally abandoned all claims against the Government, in connection with the verbal promises of the Commissioners, other than those recognized by the treaty and the memorandum above referred to.

The Government then invited Lieut.-Gov. Morris, in conjunction with the Indian Commissioner, Lieut.-Col. Provencher, to visit the several bands interested in the treaties, with a view to submit to them the new terms, and obtain their acceptance of the proposed revision of the treaties. His Honor accordingly placed his services at the disposal of the Government, and was at his request accompanied by the Hon. Mr. McKay, who had been present at the making of the original treaties, and was well versed in the Indian tongues. In October 1875, these gentlemen entered upon the task confided to them, and first proceeded to meet the large and important band of St. Peters, in the Province of Manitoba. The matter was fully discussed with the Indians, the Order in Council,

The Indians constantly interviewed the Lieutenant-Governor on the subject, and when the Hon. Mr. Laird, then Minister of the Interior, visited Manitoba, they twice pressed their demands upon him. The Government requested the Hon. Messrs. Morris and McKay to endeavor to settle the long pending dispute, and they proceeded to the Round Plain on the river Assiniboine with that view. They met the Indians, some five hundred in number, but without result. The Indians were divided among themselves. A portion of the band had forsaken Chief Yellow Quill and wished the recognition of the Great Bear, grandson of Pee-qual-kee-quash, a former chief of the band. The Yellow Quill band wanted the reserve assigned in one locality; the adherents of the Bear said that place was unsuited for farming, and they wished it to be placed at the Round Plain, where they had already commenced a settlement. The land to which they were entitled under the treaty was 34,000 acres, but their demands were excessive.

The Chief Yellow Quill was apprehensive of his own followers, and besides the danger of collision between the two sections was imminent. The Commissioners finally intimated to the

In 1876, the Government again requested Mr. Morris to meet these Indians and endeavor to arrange the long pending dispute with them, and in July he travelled to the Long Plain on the Assiniboine with that object in view. He had previously summoned the band to meet there, and had also summoned a portion of the band known as the White Mud River Indians, dwelling on the shores of Lake Manitoba, who were nominally under the chieftainship of Yellow Quill, and were, as such, entitled to a portion of the original reserve, but did not recognize the Chief. Mr. Morris was accompanied by Mr. Graham, of the Indian Department, Secretary and Paymaster. On arrival at his destination, the Lieutenant-Governor found the Indians assembled, but in three camps. Those adhering to Yellow Quill, the Bear, and the White Mud River Indians, being located on different parts of the plains, Mr. Reid, Surveyor, was also present, to explain the extent and exact dimensions of the proposed reserve.

The next day the Indians were assembled, and the conference lasted for two days. The Yellow Quill band were still obstructive, but the other two sections were disposed to accept the terms. The question of the reserve was the main difficulty. The Yellow Quill band still desired a reserve for the whole. The others wished to remain, the Bear's party at the Round Plain, and the White Mud River Indians at Lake Manitoba, where they resided and had houses and farms. In the interval from the previous year, the Bear's band had built several houses, and made enclosures for farming. Eventually, the Indians were made to comprehend the extent of land they were really entitled to, but the Governor intimated that the land was for all, and that he would divide the band into three,

The Indians also agreed to accept the revised terms of Treaty Number One, and an agreement in accordance with the understanding was prepared and signed by the Lieutenant-Governor, and the Chief and head men. The Indians preferred a request to receive the two dollars, increased amount, which, as they said, "had slipped through their fingers last year," which was granted, and also that the councillors should be paid yearly, as in the other treaties, subsequently made. This the Governor promised to recommend, and it was eventually granted, being made applicable to all the bands in Treaties Numbers One and Two.

Thus was so far closed, a controversy which had lasted for some years, and had been fruitful of unpleasant feelings, the negotiations terminating in that result having been from a variety of causes more difficult to bring to a satisfactory solution than the actual making of treaties, for the acquisition of large extents of territory. On the leaving of the Lieutenant-Governor, the morning after the conclusion of the arrangement, the Indians assembled and gave three cheers for the Queen and Governor, and fired a feu de joie. Mr. Reid at once proceeded to set aside the reserves for the Bear and White Mud bands, but the selection of a reserve by the Yellow Quill band was attended with still further further difficulty, although it was eventually pointed out by them, and surveyed by Mr. Reid, it being in a very desirable locality. The despatches of the Lieutenant-Governor to the Minister of the Interior, giving an account in full of the negotiations for the revision of the

Sir,--I have the honor to inform you that in pursuance of your request that I should meet the Indians of Treaties Numbers One and Two, with a view to a revision of the terms thereof, and an adjustment of the disputed questions connected therewith, I proceeded to the St. Peter Reserve on the 5th of August and encamped near the Indian tents.

On the 6th I met Chief Prince and his band, being accompanied by the Hon. James McKay, who at my request gave me the benefit of his valuable services, and by Mr. Provencher. I explained to the Indians the terms offered to them by the Government, and obtained their written assent thereto, endorsed on a parchment copy of the Order in Council of date the 30th April, 1875. As however there are in the bands of Treaties Numbers One and Two, four councillors, i.e., head men, and two braves, we were under the necessity of agreeing that they should continue at that number, instead of two, as specified in the report of the Privy Council. We then brought before them your request that the portion of the reserve embraced in the proposed new town near the Pacific Railway crossing should be sold for their benefit, to which they agreed, and the formal instrument of surrender will be enclosed to you by the Indian Commissioner.

The Indians living at Nettley Creek asked to have a reserve assigned them there, and I promised to bring their request under your notice.

I did not bring up the question of the division of the band into two, as my experience with the Portage band, arising from a similar difficulty, led me to fear that complications might arise from the proposal which might prevent the settlement of the more important matter of the disposal of the open questions relating to the treaty. I was therefore of opinion that the division of the band should be postponed to next year, and acted upon that opinion. A party of Norway House Indians were present and asked for a reserve at the Grassy Narrows. I informed them that one could not be granted at that place, and learning from them that the Chief at Norway House was about leaving there with a party of Indians to confer with me, I engaged three of the Indians present to proceed at once to Norway House and inform the Indians that I would meet them there about the middle of September.

I have since learned that they met the Chief after he had left Norway House or Fort Garry, and caused him to return.

Sir,--I have the honor to inform you that after my return from St. Peters, finding that in view of my contemplated mission to Lake Winnipeg it would be impossible for me to visit all the bands of Indians included in Treaties Numbers One and Two, I requested the Indian Commissioner, Mr. Provencher, to proceed to meet them at Fort Alexander and the Broken Head and Roseau rivers, while I should proceed to Lake Manitoba and meet at Manitoba House the various bands of Indians included in Treaty Number Two. In pursuance of this arrangement, I left here on the 17th of August for Oak Point, on Lake Manitoba, where I was to take a boat for Manitoba Post.

I was accompanied by the Hon. James McKay, whose presence enabled me to dispense with an interpreter, and was of importance otherwise, as he had assisted my predecessor in the making of the treaty originally at Manitoba Post. Mr. Graham, of the Indian Department, also accompanied me to make the payments and distribute the pensions. I reached Oak Point on the afternoon of the 18th, and left there on the afternoon of the 20th, arriving at Manitoba House on the evening of the 21st. The next day being Sunday, nothing of course was done relating to my mission, but on Monday morning I met the Indians at ten o'clock on the lake shore. The six bands included in the treaty were all represented by their Chiefs and head men and a large number of their people.

I explained to them the object of our mission, my remarks being fully interpreted by Mr. McKay, and obtained their assent in writing to the Order in Council of the 30th April last, the terms of which were accepted with cordiality and good feeling by the Indians.

The new medals and uniforms were distributed to the Chiefs and head men, and the payments under the revised treaty were then commenced by Mr. McKay and Mr. Graham, and continued until 12.30 p.m.

On the 24th, the payments were resumed and concluded, but owing to heavy rain and high winds, we were unable to leave Manitoba Post until the 25th. The Indians on our departure again firing their guns in token of their respect and good will. Owing to stormy weather, which obliged us to encamp on Bird Island, we did not return to Oak Point until the afternoon of the 27th.

On the 28th, the Indians residing in that vicinity, and belonging to Sousanye's band, were paid by Messrs. McKay and Graham. I returned to Fort Garry on the 1st September, in the afternoon, my journey having been protracted by unfavorable weather, and by the fact that owing to the prevalence of shoals, the navigation of Lake Manitoba is difficult in stormy weather.

As only a small portion of the Riding House Indians were present, I informed them that Mr. Graham would proceed to the mountains after our

You will therefore perceive that with the exception of the Portage band with regard to whom I wrote you fully on the 2nd of August last, the assent of all the Indians interested therein to the proposed mode of settlement of the unrecorded promises made at the conclusion of Treaties Numbers One and Two, has been obtained, and I feel that I have reason to congratulate the Privy Council on the removal of a fruitful source of difficulty and discontent. But I would add, that it becomes all the more important that a better system of Indian administration should be devised so as to secure the prompt and rigid carrying out of the new terms in their entirety.

You are already in possession of my views on this subject, and I trust that local agents will be appointed to be supervised by the Indian Commissioner and that an Indian Council of advice and control, sitting at Fort Garry, will be entrusted with the direction of the Treaties One, Two, and the upper portion of Three, and the new Treaty Number Five, so as to secure prompt and effective administration of Indian Affairs.

Under the system of local agents, the necessity of large gatherings of the Indians will be avoided, and much expense to the Government, and inconvenience to the Indians, avoided. I have further to record my sense of the services rendered to me by Messrs. McKay and Graham. The latter discharged his duties with promptitude and efficiency, and Mr. McKay and he introduced a mode of distribution of the provisions to which I would call your attention.

Sir,--In accordance with your request I have commenced my visits to the Indian bands included in Treaties Numbers One and Two, with a view to settling the matters in dispute. I left here on the 22nd inst., and was accompanied by the Hon. James McKay, whom I had invited to accompany me in consequence of his having been present at the making of the treaties, and by the Indian Commissioner.

I reached the Round Plain on the Assiniboine river, where Yellow Quill's

The original Chief of the Portage band was Pee-quah-kee-quah, who was a party to the treaty with Lord Selkirk. On his death he was succeeded by his son, who died some years ago leaving a boy, who has now grown up. Yellow Quill was appointed chief by the Hudson's Bay Company when Pee-quah-kee-quah's son died. The grandson is now grown up and has returned from the plains, where he has been, and claims to be recognized as an hereditary chief, and about half the band have followed his lead. After we had been in conference some time, an Indian rose and told me that when the chief of the Portage died, he charged him to keep the land for his son, and that they wished a reserve at the Portage. Another rose and produced Pee-quah-kee-quah's King George medal, and said the chief had placed it in his keeping and charged him to deliver it to his son, when he was old enough to be a chief, and then placed it round the neck of Kes-kee-maquah, or the Short Bear. They then asked that I should receive him as a chief, in place of Yellow Quill. I told them that could not be done. That Yellow Quill must remain a chief, but that I would report their request on behalf of the young chief to the Government at Ottawa and let them know their decision, but that they could get no reserve at the Portage as only that mentioned in the treaty would be given, and with this they were satisfied. The conference then went on, the two parties sitting apart and holding no intercourse with each other. I spent two days with them making no progress, as they claimed that a reserve thirty miles by twenty was promised them as shewn in the rough sketch enclosed, made at their dictation and marked "A." I produced the plan of the reserve, as proposed to be allotted to them, containing 34,000 acres, but Yellow Quill said it was not in the right place, and was not what was promised, and morever it was not surrounded by the belt of five miles, mentioned in the treaty, but was only partially so and did not cross the river. I told them they could get no more land than was promised in the treaty. They appealed to Mr. McKay whether the Reserve was not promised to be on both sides of the river, and he admitted that it was. I told them it was not so written in the treaty, and that if the Government should allow it to cross the river, the rights of navigation must be conserved, but I would consult the Queen's Councillors. They replied that they would go to the "Grand Father" and get him to intercede for them, meaning the "President of the United States," as I afterwards discovered, an American Indian having persuaded them to take this course.

They refused to discuss or accept anything until the Reserve Question was settled, and while I was speaking on the afternoon of the second day, Yellow Quill's Councillors went away, and left him alone, when he followed.

"They didn't come to see you. You came to see them, and if you choose to come and speak to them again, you can come if you like."

I felt that I must now deal firmly with them, and therefore prepared the following reply:

"It is not right, for they came to see me at my request, as their Governor, and I came to meet them. After spending two days with them, their Chief insulted me by rising and going out while I was speaking, and breaking up the Conference. I represent the Queen, and his action was disrespectful to her. I will not go to meet you again. If you are sorry for the way I have been treated you can come and see me."

I charged Mr. McKay to deliver it to them in their Council, which he did, when they denied having meant to send the message in the terms in which it was, and disclaimed all intended offence. The message had its desired effect, but their disclaimer was not correct, as Mr. Setter informs me that he had originally written a welcome to me, which they caused him to strike out, and to say that "I could come if I chose." Next morning I struck my tents and loaded my waggons and prepared to leave. Seeing this, Yellow Quill and his Councillors came to Mr. McKay, and asked if I would not see them again, to which I consented. On proceeding to Mr. Provencher's pay tent, I met the Chief, Yellow Quill. His spokesman rose, saying "that they were glad to have met me, that they had found my words good; that they had not desired to offend the Queen or me, and were sorry; that God had watched us during two days, and He was again looking on." I accepted their apology, and then proceeded to practical business, the whole tone and demeanor of the Indians being changed, having become cordial and friendly. I may mention here, that Yellow Quill reproached his Councillors for their conduct. He also informed Mr. McKay privately, that he could not act otherwise as he was in danger of his life from some of his own "braves." He was guarded all the time by a man armed with a bow and steel-pointed arrows. I promised to state their claims as to the reserve, but told them it would not be granted, but that I would change the location of the reserve, as it had been selected without their approval, and would represent their view as to its locality, and as to crossing the river, the navigation of which, however, could not be interfered with. They asked to be paid three dollars per head or one dollar per year for the following transaction: In 1868 a number of Ontario farmers had settled on Rat Creek. Yellow Quill's band drove them off and trouble was impending. Governor McTavish sent Mr. McKay up to arrange the difficulty, in anticipation

I would now make the following recommendations:

1st. That you should write to Yellow Quill declining to entertain his demands for the large reserve but offering to them a reserve including the "Eagle's Nest" on the north side of the river, and laid off in the terms of the treaty, with the land comprised in the one hundred and sixty acres for each family, surrounded by the belt mentioned in the treaty, in the manner suggested in the enclosed rough sketch "B," reserving the rights of navigation and access to the river. The land is of inferior quality to that already offered them.

2nd. I would propose that the young chief should be recognized as head of the section of the band adhering to him. He and his section are ready to accept the terms and the reserve as described in the treaty. They behaved

3rd. I would propose that the White Mud Indians, who live there constantly, should be recognized as a distinct band and should elect a Chief.

4th. I would recommend that the arrears due to Indians who have not yet received their annuities, should be paid in full at once, but that a period of two years should be fixed for those bona fide members of the band to come in and be paid, and that after that they should only receive one year's payment. If these steps are taken, I think we shall have no more trouble with these Indians.

In conclusion I have to express my obligations to the Hon. Mr. McKay for the valuable services he rendered me. The Indians told me they would not have come into the Stone Fort Treaty but for him, and I know it was the case.

TO THE HONORABLE THE MINISTER OF THE INTERIOR.

Sir,--I have the honor to inform you that, in compliance with your request, I left this on the 14th ult. with the view of proceeding to the Long Plain on the Assiniboine, in order to meet the Indians of the Portage Band, to arrange the dispute with regard to the reserve, and to settle the outside promises. Mr. Graham, of the Indian Department, and Mr. Reid, P.L.S., also went there at my request, the one to act as paymaster, and the other, as you wished, to survey the reserve. Owing to the prevalence of heavy rain the roads were in so bad a condition that I was four days in reaching the Long Plain, while we were also subjected to inconvenience and expense by the detention of the provisions, owing to the same cause. Added to my other discomforts was the presence of mosquitoes in incredible numbers, so that the journey and the sojourn at the Plain were anything but pleasurable. I had taken the precaution to request Mr. Cummings, the interpreter, to summon the White Mud Indians as well as Yellow Quill's band, and those who adhered to the Short Bear.

On my arrival at the Long Plains, which I accomplished on the 17th, I found about five hundred Indians assembled, but camped in three separate encampments. On arriving, I was saluted by a feu de joie. At the Portage, Mr. Graham had obtained some provisions, which he had sent forward in carts.

On our way we met some carts sent by the Indians to relieve my waggons of the tents and baggage, the Indian trail being almost impracticable; but instead of so using them I sent them on toward the Portage to meet the loaded carts, and was thus enabled to get the temporary supply of provisions to the Plain, which was fortunate, as the Indians were without food. The evening of my arrival the Councillors of Yellow Quill came to talk with me, but I declined to do so, telling them that the Chief had not come, and I would only speak with him. I acted thus, in consequence of the conduct of their head men, last year, when they controlled the Chief and coerced the whole band. In a short time Yellow Quill came with them to see me, and finding that they had come about provisions, I referred them to Mr. Graham, who, I informed them, had charge of the provisions and payments. The incident had a marked effect in giving tone to the following negotiations.

On Monday I met the Indians, who ranged themselves in three parties. I explained to them the proposed arrangement of the outside promises very fully, and told them that as they were willing to accept of the settlement last year, I did so for their information only. I then took up the question of the reserve, read the terms in which it was referred to in the Stone Fort Treaty, explained to them that they were getting double the land any other Indians in Treaties Numbers One and Two were doing, but told them the reserve belonged to all of them, and not to Yellow Quill's band alone. I then called on them to speak to me, asking Yellow Quill first. He said he did not understand the extent of the reserve. I then asked Mr. Reid to shew them a diagram of it, and to explain to them its length in ordinary miles, and otherwise, which he did very satisfactorily, and at length they comprehended it. I then called on Short Bear's band to express their views. They said they wanted a reserve at the Long Plain, if it was only a little piece of land; that they liked the place, that they had built houses and planted gardens, had cut oak to build more houses, and wished to farm there. I then called on the White Mud Indians. They said that they were Christians and had always lived at the White Mud River; that they did not wish to join either Yellow Quill's or Short Bear's reserve, but desired a reserve at the Big Point. I told them they could not have it there, as there were settlers, and the Government wished them to join one of the other bands, and explained to them that their holdings would be respected, except where inadvertently sold. I took this course, as I had ascertained that the plan of Yellow Quill's head men was to make no settlement this year, and that they had induced the other Indians to agree to act in that way. I accordingly so shaped my opening speech and my dealings with the Indians as to defeat this project, by securing the support of Short Bear's and the White Mud Indians, which I succeeded in doing, though Yellow Quill's spokesman taunted the others with having broken their agreement. As the conference proceeded, Yellow Quill's councillors said they did not want the band broken up, as they wished all to live

On Tuesday, the 20th June, the Indians again responded to the hoisting of my flag, and met at 9 o'clock. Yellow Quill told me that his band were now willing to separate from the others, and wished to select a reserve higher up the river. I informed them that I would accede to their request, but that they must do it at once, and on the approval thereof by the Privy Council it would be laid off. Short Bear's band still desired a reserve at the Long Plain, to which I assented. The White Mud River Indians asked for a separate reserve where they could farm, and I informed them that under the discretionary powers I possessed I would have a reserve selected for them, giving them their proportion of the original reserve. The Indians then asked that the two dollars per head, which had, as they said, slipped through their fingers last year, should be paid to them, and I told them that I had been authorized to do so, which gave them much satisfaction. In anticipation of a settlement I had prepared a draft agreement, which was being copied for me by Mr. Graham. I informed them of this, and stated that I would sign it, and that the Chiefs and Councillors must do so likewise, so that there could be no misunderstanding. When the agreement was completed, I asked Mr. Cummings, the Interpreter, to read it to them, which he did. Three Indians, who understood English, and who had at an early period been selected by the Indians to check the interpretation of what was said, standing by, and Mr. Cummings being assisted by Mr. Cook, of St. James, who, at Mr. Cummings' request, I had associated with him, on the Indians choosing their interpreters. I then signed the agreement, and called upon Yellow Quill to do so. He came forward cheerfully and said he would sign it, because he now understood what he never did before, viz., what was agreed to at the Stone Fort. I then called on his Councillors to sign, but they refused, saying they had agreed by the mouth. I then told the Indians that unless the Councillors signed nothing could be done, and that the Councillors who refused would be responsible for the failure of the negotiations.

Yellow Quill is to go without delay to look up a reserve, and as there are no settlers in the region in question, I propose that if Mr. Reid sees no objection to the locality he should at once lay it off, so as to effectually terminate the chronic difficulty with this band. I shall be glad to receive by telegram your approval of his doing so. The interpreters, Mr. Cummings, Mr. Cook, of St. James, a trader, and Kissoway, an Indian trader belonging to the band, rendered me much service; the latter trades in the west, and was passing the Portage on his way to Fort Garry, and as he belonged to Yellow Quill's band, and is a relative of his, being a son of the deceased