Treaty No. 5

Modified Text

 

This treaty was made and finalized on September 20th, 1875, in Berens River

BETWEEN

“Her Most Gracious Majesty the Queen” of Great Britain, by Her Commissioners,

and

The Saulteaux and Swampy Cree Tribes, by their Chiefs.

WHEREAS, the Indians have been informed by the Commissioners that the Queen wishes to open up for settlement and immigration, and wants to make a treaty and to obtain the consent of the Indians so there may be peace between the Indians and the Queen, and that the Indians will know what they will receive from the Queen.

WHEREAS, the Indians met beforehand and were asked by the Queen to name certain Chiefs who would be authorized on their behalf to negotiate and sign the treaty and to be responsible to the Queen for the obligations discussed.

AND WHEREAS the Commissioners went ahead to negotiate a treaty with the Chiefs that stated:

The Saulteaux and Swampy Cree Tribes and all others living in the territory do hereby surrender, cede, release, and yield to the Government of Canada for the Queen forever, all Indian rights, ownership and privileges to the lands of 100,000 square miles.

The Queen agrees to set aside reserves for farming, and other reserves for the benefit of the Indians.

All reserves shall not exceed 160 acres for each family of five or in that proportion for larger or smaller families and for the Band of Saulteaux in the Berens River region to settle within two years on a reserve that begins at the outlet of the Berens River into Lake Winnipeg and along the shores of the Lake Winnipeg and up the river into the interior and to receive 160 acres for each family of 5, allowing free access to the shores and waters for the Queen and all her subjects. Upholding the land grant of the Hudson Bay Company and granting the Methodist Church of Canada to establish a mission - a church, schoolhouse, parsonage (church house), burial ground and farm, mission purposes.

For the Indians residing at Poplar River, a reserve not exceeding 160 acres to each family of five.

The Indians now residing in and around Norway House under the leadership of Chief David Rundle, Her Majesty the Queen agrees to lay aside a reserve in the vicinity of Fisher River and to provide 160 acres to each family of five.

With regard to the Band of Wood Indians under the leadership of Chief Donald William Sinclair Ross, Her Majesty to create a reserve at Otter Island on the west side of Cross Lake and to provide 160 acres to each family of five.

A present of $5.00 for each man, woman and child belonging to the bands from Her Majesty for good conduct of her Indians and for the extinguishment of all claims.

Her Majesty agrees to maintain schools whenever the Indians of the reserve desire it.

Her Majesty agrees with Her Indians that no intoxicating liquor shall be allowed to be introduced or sold to preserve the evil influence of the use of liquors and shall be strictly enforced.

Her Majesty further agrees with Her Indians that they shall have right to pursue their avocations of hunting and fishing throughout the area surrendered. The hunting and fishing may be subject to regulations from time to time made by Her Government of Her Dominion of Canada.

From time to time the area surrendered may be required or taken up for settlement, mining, lumbering or other purposes by Her Government of the Dominion of Canada

It is further agreed that sections of the reserves may at any time be required for public works or buildings and may be taken by Her Majesty’s Government with due compensation.

And further, Her Majesty’s Commissioners shall take an accurate [population] census of all the Indians living in the territory and shall every year after, at a place to be determined pay to each Indian the amount of $5.00 per person yearly.

It is further agreed between Her Majesty and the Indians that the amount of $500 per year shall be spent by Her Majesty in the purchase of ammunition and twine for nets for the use of the Indians.

It is further agreed between Her Majesty and the Indians that the following shall be supplied to any band who are now cultivating the soil:

Two hoes (tool to clear soil) for every family; one spade (like a shovel) per family; one plough for every ten families; five harrows (ploughs the ground) for every twenty families; one scythe (cuts plants and grass) for every family.

Each band would receive one axe; one cross-cut saw; one handsaw; one pitsaw; sharpening files; one grindstone; and one auger.

Each Chief would receive for use of his band: one chest of carpenter’s tools; enough wheat, barley, potatoes and oats to plant the land; one yoke of oxen; one bull; four cows to encourage the practice of agriculture among the Indians.

Each Chief shall receive an annual salary of $25.00 and shall receive once every three years a suitable suit of clothing and in recognition of closing/signing of the Treaty, a suitable flag and medal.

The undersigned Chiefs on their own behalf and on behalf of all other Indians promise to strictly observe this Treaty and to conduct themselves as good and loyal subjects of Her Majesty.

The Indians promise that they will obey and abide by the law and maintain peace and good order between each other, between themselves and other Tribes and others of Her Majesty’s subjects whether Indian or white.

In Witness whereof, Her Majesty’s Commissioners and the Indian Chiefs have agreed at Berens River this twentieth day of September 1875 and at Norway House on the twenty-fourth day of the month of September 1875.

Signed by the Chiefs in presence of witnesses.