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AND A, TEl.'SrSTT.'ErSJSJ OX" ■Z^ZZX: 1S^A.3MCX3 BY JAMES LITTLE, ESQ., OF CALEDONIA, ONE OF THE MOMORIALISTS. ■■•-♦-•- H A M I L T N : " c..rt I'EC'J'ATOll STEAM I'UESS, COHNBR OF (;OlllT-IIOL"SE SgV AltE. 18 5 2. •x^ <^%6\ INTRODUCTION. To *HB Rkadbr, Either a Memorialist, or one wlio may not have joined in that remonstrance to the Kxecutive, complaining of the jugglery of a Department, which, for years has been ac- cumulating its ^'■Canadian-ioithering'^ strength, and now is a foul incubus upon the free working of those free institutions which are a ". Briton's boast,"- — ^these pages have been thus hastily thrown together, from the columns of the Spectator, by one truly; averse to double-dealing, who has taken this courae " for the double (or further) pur- pose," and as a more convenient form for reference, of shewing that Memorialists do not " labor under an entire misconception of the history of these transactions" — ^that those statements above the signature of Col. Bruce are not " a full explanation of the merits of the case;" are not "a simple statement of facts;" but are, in fact, a compoimd jumble of ficUonSj asaimptions, and miserable contradictions; the shewing of a lame case, clothod in a little truth, and the marked suppression of material facts. ' As men of all shades of political and religious " isms'^ Jhave joined in this remoh- strance, they are most fervently, but respectfully invited to give these pages an attentive and impartial pemsal; to discard from their minds assertions of " false tongues" aijd "hirelimipons;" who would mar the accomplishment of a great good, by charging "the . whole 0« this, Indian Land aftair as the Avork of rabid toryism ;" at the same time, by a singular coatradiction, the late move is charged also, upon the «aici-to-&e,.deUtt ;fR y.^*, • Most emphatically, this question is not a party one — the only " isms " connected with the question, are & fireside-ism and a Oanadian-ism. The question is, shall nearly three hundred emigrants and their families, amounting to upward of two thousand souls, be first entrapped on landing in this country, by such letters as are set forth in pages 21 and 22 of this pamphlet; and after years of toil and labor, and sacrifice of health and wealth, be stripped of all by a flourish of the pen of an officer of an irresponsible depart- ment, and this without the benefit of those inimitable institutions, at once the safeguards of a limited monarchy and the boast of a free people — " trial by jury ?" As a communication on this subject has recently been transmitted from Downing Street, to Lord Elgin, it will, with the reply thereto, and action taken pending those eommunicationSf form the subject of further comment. Gross neglect was paid to the Memorials of 1844, " referred to the Special Com- missioner for his report, by command, (Signed) J. M. Higginson, Jan'y 8, 1846;" re- tained by fhorburne up to April lOth, without any communication to Petitioner, and without anr Repoi-t, — excuse made, "he did not know the address of Petitioner," — replied to, it was given in letter of 9th Nov., '44, — ^the felse assertion made, " the letter had not been received,'' — proved to be false by the following : "Indiana, Dec. 12, 1844. Deal' Sir, — In answer to yours of dth ult., roceeclings com- plained of, been solely actuated by a desire to maintain their just righte. In order that the origin of these transactions may be clearly understood, I have to stale in the first place, that the attention of < {overnnient having been repeatedly called to tUo. tmrnb- er and depredations of the iiitruilers ii|ion the Indian lands, the Chap. 1 i Vic. 2, was enacted for their protection fir>m tresspass and mjury. Although its provisions em- braced the lands of all the Indian tribes. the act was passed with special refei^nce to those on the Grand Ri\er, where these disorders had risen to the greastet height. The Coumiissioners appointed to can-y it into effect represented the state of aftaii*s in that District to be so luisatisfactory, that Mr. Gwynnc, a barrister of standing, was despatched to the spot, with instructions to investigate the claims of pei-sonH in possesion of lands belonging to the Six Nation In- dians, and to niak(i suggestions with refer- ence to their future management. An Order in Council of the 27th November, 1840, which was bsised upon this gentle- man's report, recommended that the whole tract should be surveyed into Town Lots and appraised, for the double purpose of more advantageously settling the Indians, and facilitating the sale of their surrendered lands — that the surrendered blocks, viz., Cayuga, Brantford and Dunn, should mean- while be withheld from sale, but that the right of pre-emption should be accorded to persons having settled thereon prior to that date. Further, that in consideration of the injury inflicted on their interests, and of the difficulties occasioned by the dispersion of the Indians over the whole extent of the unsurrendered land, the Government should exert its influence to persuade them to settle as a concentrated body in such part of the tract as they might select for their permanent residence, and to cede the resi- due for sale — lastly, it emphatically dis- claimed any intention, however, remote, of inducing the Indians to remove from the Grand River Settlement. Negotiations were accordingly opened with the Indians, but for various reasons, and more especially from disinclination to adopt the views of the Government Avith r<'ference to tlie dimen- sions of the future Reserve, no final decision was come to until October 1843. On the 4th of that month a vei-y elaborate Order in (;!ouncil was passed, which forms the ground work, on which the subsequent ]»roceedings in reference to the manage- ment of the land affairs have been based. While regretting that the Indians would not bo satisfied with a smaller reserve, it advipes that their request be acceded to, and thus descril>es the tract to be set apart for f reference to here these itet height, to cany it of affaii-a in actory, that Hiding, was tractions to in possesion Nation In- witli refer- nent. An November, this gentle- ,t the whole Town Lots purpose of he Indians, surrendered blocks, viz., bould mean- but that the accorded to jrior to that ration of the s, and of the lispersion of ctent of the raent should le them to in such part ect for tlioir edo the resi- ntioally dis- ', remote, of ve from the N'ogotiations the Indians, re especially views of tiie the dimeu- (iiial decision r3. On the torate Order li forms the ! subsequent ;ho manage- » been based, idians would or reserve, it ceded to, and set ajtart for I Iheir lise. "All the lands on the South side of the Grand River, with the exception of a tier of lota on the plank road from Hamilton to Port Dover, a distance of more than twenty miles along the River." Also the Church Lot at Tuscarora, and certain other detached pieces of lands. A Proclamation founded on this Order in Council was issued on the 20th July, 1844, prohibiting tresspass on the Tuscarora and Oneida Lands. No allusion is made in the foregoing Order in Council to the alleged suiTender of the 19th January, 1841, upon which so much stress is laid by the Memorialists as having placed these lands beyond the jurisdiction of the commissioners appointed under the 2 Vict. Chap. 15. The question has already been set at rest by the Court of Chancery. I may observe, for the in- formation of the MemoriaUsts, that an in- trument was executed at the date by a small minority of the Chiefs, but of a very different purport from that ascribed to it in this Petition. It confided to the Gov- ernment the entire management of their lands, but stipulated "that the arrangement is to be carried out by the Government in the true meaning and intent of the Chief Superintendent's letters of the 6th and 15th Janurtiy." These communications called upon the Indians, in very urgent and per- emptory terms, to empower the Govern- ment to dispose for their exclusive benefit and advantage, either by lease or otherwise, of all available lands, excepting a Reserva- tion of 20,000 acres, and lots then in the occivpntioii of individual Indians. The Go^emment coming under an obligation to protect their property from tresspa.ss and injury, "and the selectiou of the Reserva- tion to be deferred until after a general survey of the Tract, when the position most advantageous to the general interest and peculiar wants of the Indians, can be more judiciously selected." This agreement hav- ing created great dissatisfaction, and been repudiated by the large majority of the Chiefs and Indians, never received the formal sanction of the Government. The Memorialists will not fail to have perceived througliout those transactions, the scrupulous i*espect wh'u-h was paid by the Government to the rights of the In- dians, and that even when diftering from them in opinion with reference to the pre- cise extent of their proposed Reserve it felt constrained to yield to their ascei-tained wishes. Nor can the cautious avoidance of any public act upon which even any colorable claims or rights would have ac- crued to individuals in virtue of the pend- ing negociations, have escaped notice. I might also cite numerous notices, warning parties not to enter into private agreements with Indians, and ofliicial letters stating that the lands were not open for sale. Even the surrendered tracts were formally withheld from sale, and the right of pre- emption was not granted to parties who settled upon them after the date of the Order in Council, of 27th November, 1840. Persons who had entered upon the unsur- rendered lands could therefore only be regarded as tresspassers, and the Order in Council, of the 4th October, 1843, accord- ingly declares "That the proposed reser- vation will involve the necessity of ejecting the intruders, without regard to the means by which they acquired possession, u.i it Foimal surrenders having been executed by the Indians, of the land not included in their Reserve, it now became the duty of the Indian Department to give effect to the foregoing arrangements. Mr. Thorbum, who had been appointed in September, 1844, a Special Commissioner to adjust disputeil claims, with a supervision of the tract, received instructions from Lord Metcalfe, under date the 3rd August, 1846, to give public notice that all white persons were to retire from the Reserve before the 1st of January next, ensuing. In reply to a petition addressed to His Excellency by Messrs. Cheshire and Strong, on behalf of themselves and other squatters; he stated that the notice had been well considered, and could not, therefore, be withdrawn; but that the claims of the Petitioners to the lands in their occupation should be thoroughly investigated, and Mr. Thorbum was thereupon directed to make a separate report on the case of each settler, recom- mending the amount of compensation, if anyi that should be awarded. He accord- ingly procured the asHisitance of Mr. Kirl;- patrick, who had previously inspected the lands, and in order to give the Petitioners the moet ample opportunities of personally communicating with him, and substantia- ting their claims, statipned himself from time to time at different points in the Reserve. He stated in his report, which was furnished in April, 1846, that the complainants had failed to show the Oov- emment had authorized the occupation of these lands by White Settlera; — that the only ground upon which they could de- mand, or the Government be justified in awarding compensation from the Indian Funds, consisted in the inference which they might have drawn from the survey of the lands, and allusions contained in certain letters addressed by Mr. Jarvis, and OflScers of the Crown Land Department, to individual applicants for land, to the possible contingency of sales being made at some future period. Under these cir- cumstances, he recommended that compen- sation, to be measured by the increased value which the land had acquired from the labor bestowed upon it, and for which the occupant had received no return in crops or otherwise, should be granted. I may mention that even in surrendered lands, compensation was strictly confined, by Order m Council, within these limits. Each occupant had accordingly been re- quested by him to state the extent and nature of his improvements. The work done was then examined by Mr. Kirpatrick, who jointly with Mr. Thorburn, determined the amount of compensation to which the party appeared to be entitled. In Tusca- rora 166 cases were reported, of which 31 only were of a date prior to 1841. In Oneida, 74, all of which were subsequent to 1840. The amount of compensation recommended was £8602 5s. Mr. Secre- tary Higginson replied, that although the Squatters had no legal claim for compensa- tion, the Governor General was prepared to act upon the recommendation of the report with reference to parties who had settled previous to the isKue Of the Cliief Superintendant's notice, of the 22nil J?in., 1844, a reasonable deduction being made for rent during the period of occupation. He instructed Mr. Thorburn to place the Reserve fortwith at the disposal of the Indians, and to give public notice that all White persons remaining there after the Ist September, would be held to have forfeited all claim for compensation, and the law put in force to compel their re- moval. A large portion of the Squatters accepted the terms offered by the Govern- ment. Lists of those who expressed their willingness to retire, were furnished by Mr. Thorburn, to the Indian Department, and cheques were transmitted to him in favor of the several parties for the amounts respectively awarded to each, and handed to them on their making affidavit that they had retired from the Reserve. On the 28th January, 1837, Mr. Thorburn reported, for Earl Cathcart's information, that 127 had actually received payment. Meanwhile, however, a number of the Squatters, headed as it would appear by Mr. Cheshire, who having by his own showing not come into the tract until after the publication of the Chief Super- intendant's Notice of the 22nd January, 1844, was debarred, according to the rule laid down by Earl Cathcart, from any claim to compensation, refused to quit the Reserve. It became necessary therefore, to proceed against them as trespassers, and Messrs. Thorburn, Clench, and Bain, who had been appointed Commissioners under the 2nd Vic. Chap. 16, held a Court in November, 1846, for that purpose. On the application of the accused parties, the Court was adjourned till the 2nd December, in order that they might procure the attendance of Mr. Jarvis, as a ^vitness for the defence, and copies of cei-tain docu- ments from the records of the Indian and Crown Land Departments. The trials took place on that day. Counsel appeared for the defence, the required documents were produced, and Mr. Jarvis examined, but his evidence was entirely unfavorable to their pretensions. He declared that it had always been intended to locate the Reserve on the South side of the Grand River, and that answers to that eflfect were i being made occupation. X) place the osal of the tice that all •e after the Id to have isation, and pel their re- e Squatters he Govern- ressed their shed by Mr. rtment, and im in favor e amounts md handed fit that they I. On the im reported, »n, that 127 iber of the I appear by y his own tract until )hief Super- id January, to the rule from any to quit the ' therefore, )asser8, and Bain, who mers under Court in rpose. On parties, the December, rocure the witness for tain docu- ndian and The trials 3I appeared documents examined, mfavorable ired that it locate the the Grand eflfect were given whenever parties ai)plied for permis- sion to settle them. Also, that such of his lettei-s as might have been susceptible of a different interpretation could only have reference to the opposite side of the River. Mr. Solicitor Turner watched the proceed- ings on the part of the Government, and the Court having decided against the De- fendants in every case, they were served with Notices of Judgment to retire in 30 days. They gave notice of appeal to the Court of Chancery, and the appeals were heard on the 3rd May, 1847. All the documents and evidence on which they rehed were produced, and the convictions affirmed with costs. In the year 1847 the Squatters petitioned the Legislative Assem- bly on the subject of their claims and grievances. The report of a Committee which was appointed to investigate the circumstances of the case declared, that "the Petitioners were disposessed by due course of law of the lands they occupied, and that such lands are in fact Indian Reserves." They also recommended, on grounds similar to those set forth in Mr. Thorburn's Report that a fair and reasona- ble compensation be allowed to them. His Excellency does not consider that he is called upon to enter into a vindication of the two acts which the Legislature has seen fit to pass since that period for the general purpose of more efiiectually pro- tecting the Indians. I have merely to state in continuation of my narrative, that under the provisions of the 12 Vic. Chap. 9, and the 2nd Vic. Chap. 15, the Com- missioners proceeded anew against the Squatters, and that on appeal to the re- modelled Court of Chancery their convic- tions were again aflSrmed with costs. On this occasion the Chancellor and Vice Chancellor both delivered elaborate Judg- ments in this case. The efforts to get rid of the Squattei-s, still proving unsuccessful, the 14th Vic. Chap. 74, was enacted, giving the Commissioners summary juris- diction. The trespassers having been con- victed under this Statute, Writs of Eject- ment were placed in the hands of the Sheriffs of Haldimand and the Gore District, in April, 1851. These oflicei's l)roceeded nn ithout delay to serve the writ% and ejected a few of the Squatters, but ott receiving positive assurances from the re- mainder that they would retire after har^ vesting their growing crops, they suspended further operations with the full assent of the Department. Finding that this pledge re- mained unfulfilled, and after several months* delay. Sheriff Martin proceeded in the dis- charge of his duty to eject the trespassers in February last, an act which is represented in the petition as one of unprecedented se- verity. Even in this instance, although the parties have held illegal possession of these lands, rent free for so many years, Mr. Thor- burn was authorised to allow them the' amount of compensation awarded in 1846, making only a reasonable deduction on ac- count of legal expenses incurred by thef Department. Referring to the allegations of the Peti- tion, thfc Memorialists may judge from tliis- simple recital of facts, whether the Indians* have knowingly, or even technically denu- ded themselves of their right to reside with- in the tract, and how far the Indian De- partment is justly chargeable with having outstepped its authority, or having adopted hai'sh and oppressive measures against the Squatters. Taking into consideration the express injunctions, as well as the spirit of the Orders in Council which I have cited, assuming the Judicial decisions of the Court of Chancel y to be sound, and that in the words of the report of the Committee of the Legislative Assembly " these lands are in fact Indian Reserves ;" it is difficult to conceive any mode of dealing with the Squatters, short of a total abandonment of the lawful rights of the Indians, more con- siderate and forbearing than the one that has been pui-sued. That the average rate of compensation Avas not imreasonably low, may be safely inferred from the fact, that it was unhesitatingly accepted by upwards of one half of the Squatters, and that a con- siderable number have since followed thieir example. Those who were returned, as having settled before 1841, were, with one or two exceptions, among the first to retire from the Resei*ve. Finally, Lord Cathcart's instructions have been so far released, that a no deduction wjis made for lent; and that all the settlers comprehended in Mr. Thor- burn's Report, have received compensation, on making the necessary application, irre- spective of the date of their occupation. But there are other classes of Squattere now on the Tract, still more unworthy of consideration. Of sixty selt-styled settlers, who signed a Petition to the Governor General in 1849, nine had returned to the Reserve, after having actually received com- pensation, and twenty-oue, encouraged no doubt by the examples before them of suc- cessful resistance to the law, entered upon the lands since the date of Mr. Thorburn's inspection ; and there can be little doubt, that intruders of the latter description form a considerable proportion of the present white occupants oi the Reserve. In conclusion. His Excellency directs me to state, that, as Governor General, he is especiall} charged with the maintenance of the Indian rights and privileges. Ho can,' on no account, give his assent to any mea- ■■;?jj,w 'I-'-.' 1 f J I;' ,.; ', >■ li ' t ■; , : ! -^Al ii;,:; . ■■■'<.:[ ■■ • ..' ■• rH i:^ ' - ..•■ •.•. ■>-. !•. ; '■ . ,,, I'' hi 'li. ■• i" '!■ ■ • ,'< I ;' • *■!'■< I. ' it.'- ' , ( 1 . • ; i ' •■fl i=i 'iil' i . '|(i -■ ; f.ii 'VJi- I , 'I »n, ■'• - ^ 1-> III '■ >: I -rt. •■ .•■..'. •! ' 1 • t ii ... :■ ) ' ,ii .' ., •■ I ... I ... I (■'(.if-- '\\ ■ : f tij. ■ . 1. • sures which would seera to compromise the rights of property, or evince a disregard of the claims of the Indians upon the British Crovni. It has, howexer, always been his earnest endeavor to make the claims har- monize "with, the general interest of the community, and to bestow as favorable a consideration as a due administration of the Trust reposed in him permits, on cases in which the assertion of these claims may seem to be attended ^:th hardships towards individuals. His E:..cellency entertains a confident hope that, having received this full explanation of the facts of the case, the Memorialists will exert their influence to induce the Squatters to submit themselves to the laws of the land, and thus relieve the Government from the painful necessity of resorting anew to compulsory measures. I have the lienor to be, Sir, Your obedient Servant, . R. BRUCE, Superintendent CfenertU, ■■■ ■»; t ■"'I ''■ \ , '.V- •if >uipromise the a disregard of tn the Britkh ivays been his a claims har- terest of the s favorable a ;tratiou of the , on caaes in claims may ships towards entertains a received this ' the case, the influence to it themselves thus relieve iiful necessity >ry measures. ^ Sir, _ llM'if'l servant, BRUCE, lent Oeneral. ■■' Mi I ■ • 'f! • 'H ■■•; I ( * trff . ( n. -'■•Htn...> • i: I <> ) -..X-^ THE DISPUTED LANDS ON THE GRAND RIVER ♦ ■♦ ♦ Caledonia, July 28tii, 1852. To Sir Allan Napier MacNah. Sir, — The reply of the Chief Superinten- dent of Indian Affairs, having reference to a me- morial for enquiry into the matter connected with the settlers on the Grand River lauds, hav- ing been laid before the memorialists and the public, through the medium of the Hamilton Dail;/ Spectator^ I bog to furnish you, through the same source, with a review of that reply, for the information of His Excellency the Governor Genera], and all others interested in the subject. I have the honor to be, Sir, Your very obedient servant, James Little. Sir : — Some three thousand persons of all classes and political shades, headed by yourself, respectfully addressed His Excellency in Council complaining of the course pursued by the Indian Department against certain Settlers in the Town- ships of Tuscarora and Oneida, and praying that proceedings might be stayed, and an impartial enquiry made into the whole question. I see, by the Daihi Spectator of the 17th Instant, that you have received what purports to be an answer to that M(?morial from the Chief ? jperintendant Indian Afthirs. It was, Sir, sup- posed that a memorial so numerously signed, and as His Excellency admits, by many of high character and respectability, would moet with a different fate from the numerous memorials and remonstrances before addressed to the Govern- ment by the humble Settlers themselves, and others interested to see justice dtme them in the matter; but I regret to lind that the same invari- able course has been pursued in this ns in all other instances. Memorial after memorial — remon- Htrance after remonstrance — petition after i)eti- tion, is addressed to the (iovernnient against the '^nJMStand oppressive proceeiiings of the Indian Depurtinent, and the (ioveriiment hands them over, one after another, to l)e dealt with ns Bccmeth pood by the very party complained againut. Under irresponsible Goveri ment, 1 say emphatically it was not fl?, and if this is the system of (lovernment called responsible, which I and ntherfl so earnestly and successfully con- tended for, then I nay it failfi to carry out my 4>ipectationi*. The reply of Hia Excellency, through the Chief Superintendent, containing no new matter or arguments that his Excellency's Indian advi- sers have not time and again favored the public with, over fictitious names, and which haVe a3 often been refuted, denied, and their proof chal- lenged. It might appear a work of supereroga- tion again to ei'tor on the exposition of the fallacies and sophistries of what has so often before been exposed ; but the present document being the case of the Indian Department submit- ted to the public by its highest functionary. I am constrained to give it a respectful considera- tion, and now proceed to the task. The Memorialists are informed in the com- mencement, that under ordinary circumstances, it might be sufficient to state in reply, that the measures complained of were taken under Order in Council, or Acts of the Legislature. The measures complained of are, that respect- able inliabitants are imprisoned in the common jail with felons, for no crime ; their wives and children are turned out of doors in the depth of winter, and their stock of pro visions and furniture cast out on the road side. And this. Sir, we are now intbimcd, is done by authority of Orders in Counf''!, or of Acts of the Legislature. Is it true, Sir, that tlie Legislature has granted power to the Executive to pass Orders in Council to clothe the Indiiin Department with authority to deprive people of their liberty and property. If this la the case, it is certain the community is utterly ignorant of it, as such a law has never found its way to the Statute Book ; but under whatever form it is embodied, it is of too dangerous a na- ture to be allowed to remain in force, and the puiilie wrliiire will be consulled by the earliest action of the Legislature in its repeal. In the ?nme paragraph. His Lordship is made to say, — " That the parties in whose behalf these representations are submitted, have for a long period openly set the laws and the authorities at defiance." Tiieso unfounded charges. Sir, have again and again been made by His Excellency's Indian advisers, who have been as repeatedly challenged to the proof; they are now publicly promulgated by the highest functionary in the land,and the calumniated parties are deprived of the possibility of establishing their want of foun- dation, by His Kxccllenry's withholding fVom them an impartial enquiry into the charges. This may indeed be in accordance with the uniform management of the Indiitn Department ; but it 10 will fail to impress the community with its justice, or as tending to good Gorerument. It will, Sir, bo within your recollection, that the late Attorney General, Mr. Baldwin, who was then one of His Excellency's Executive Coun- cillors, offered by " Royal Proclamation," lar^^e rewards for the apprehension ot" a number of the settlers, who, it was stated, had set the laws at defiance, and openly resisted the Sheriff and his officers. Now, Sir, evei*y officer of the Indian Department knows that so soon as the proclama- tion was known to the parties who.^e names it contained, they immediately delivered themselves up to the Sheriff", whom, it was stated, they had outraged, and that that officer refused to receive them — that on his subsequently receiving in- structions directing him to receive them into cus- tody, ho had only to intimate the same to the parties, and without a moment's hesitation they again voluntarily placed themselves under his charge — that the Grand jury, with one exception, threw out all the bills ; yet the Indian Depart- ment reiterates the slander of ti.e Proclamation, and again publicly brands these individuals and the other settlers with outraging the laws and authorities'. But I am reminded that one con- viction was obtained out of the whole number outlawed — this I admit, but I have reason Vt know that instead of branding the whole com- munity with systematic and long continued crimi- nalities, it would be more to the credit of the Department if they maintained perfect silence on this isolated case. A man by the name of Cavanali, who is one of the most harmless, and inoffensive in the community, but whom the Special Com- missioner characterizes in a letter to Wm. L. Mc- Kcnzie, Esq., as the " Great Ringleader," whom he was determined to make an example of, while, as he states, he exerted his influence to save (JhdfthirA and the others, named in the Prftrla- raation,from punishment — ;justtlie very last thing In the world he would have done. Cavaiiah w.h convicted, and what was his offence V Why, Sir, it was that he had, ignorant of tiie cddsc- quences, in the w;iy of on inrar^-oration obeyed the directions of the authorities, who told him to go into his house and shut fiie door, and then threaten any one who would attempt to in-enU it in. He did as the autiioriiies directed, and after- wards rodoback with them towards Caledonia. — Along period after this event he was prosecuted for this offence,with th« other proclaimed ()artieH, and heroicly submitted to a loatlisome imprison- ment rather than inculpate those who, with feelings honorable to human nature, which it would bo well for the peace and welfare of this section, tho Indian Department in some degree po98(3Bsed — realisitig the outrageous duty they w«ro Bent to perform — were fain to have any Srctext to relievo them from its execution. His Excellency's Indian advisers are as cognijiant of thoso facta as I am. They know they could not obtain the conTloUon of Gboshlre, and the other parties who had not been guilty of the ofTencefl charged in the Proclamation and poor Cavanagh was hunted up for a " scape goat" to get a con- viction, to make capital for the Special Com- mission, w hen it was supposed his offence was entirely forgotten. As well. Sir, and with as much show of reason, might His Excellency in- sist, that because he honored you with a shake of the hand at the Mechanic's Festival, that all the other members and guests forcibly took hold of both his hands, and wrung the arms out of their sockets. But, Sir, notwithstanding the course of oppression that has for years been pur- sued against the settlers, sulHcient to drive them to desperation, let a single individual be pointed out who is obnoxious to the charges, and I will guarantee his WitiV/w^r a trial. The subjects of these disreputable slanders are men as well as you and I ; they possess feelings in common with humanity ; they have relatives and friends, both here and in the lands they have left, whose good opinions they would not like to forfeit, and whose feelings they would not outrage by the commis- sion cf the crimes attributed to them, if the De- partment offered reparation by the gift of the whole disputed territory ; and yet when they seek to establish their innocence, they are not only refused the opportunity, but are again met by criminal accusations. " Good nnme, in man, or womnn dear, my lord, Istlie iiunieiliatejewi'l of ttio soul ; Who steals my purse, steals trash ; 'tis something, iiotliin;;' : 'Twas mine, 'lis lii!<,nnrt has been slnvoto thousand*; Rut lio wlio Illclit'H fnini nie iriy rooiI iiiinio, Kdbs ineol' tliut wliicli ii'i eiirielies him, And makes mo poor iii'lreit.'' It mny. Sir, be considered by the Department a high crime and offence against the laws, that these poor people do not at once volintarily turn tiieinselves adrii't upon the world, " denud- ed" of the means of sujjplying their children's cry for bread, on the promulgation merely of o';)«,arl)itrary Acts of Parliament, passed, as I have shown \\\ a former letter, without the knowledge nf the Executive ("ouneil, and smug- gled through the legislature tin the morning suc- ceeding the evening of tlie festivities provided for the ontertainnw'iit of the guests of the City of Toronto, from Biilhdo, and just befiu'c the house broke up, and when, if it had been counted, in all proliahilily there would not have been a quo- rum present ; l)ut «»tiier» will view the matter diflerently ; the settlers have all along submitted peaceal)ly to tlm execution of these laws, not- withstaiiifing their character, and the extent of the calamities tliey bring with them, but it can- not beox[)ected they will do more The present Premier of nisExeelleney's Cabinet, publicly de- clared in his place in Parliament, that ho had evaded the I'sury Laws, and would evade them again, and in all the abufse that has been so liberally bestowed on that gentleninn by the Press this has never, to my knowledgi', been imputed II ilty of the offences iiid poor Cavanagh goat" to get a cou- tiie Special Corn- ed his offence was , Sir, and with as ; His Excollency in- J you with a shalte 's Festival, that all forcibly took hold K tlifi arms out of twitlistanding the 'or years been pur- cieiit to drive them rlividual bf pointed charges, and I will I. The subjects of le men as well as gs in common with and friends, both e left, whose good ) forfeit, and whose ?e by the commis- them, if the De- •y the gift of the id yet when they nee, they are not but are again mot > dear, my lord, •1 ; ish ; 'tis something, 1 slnvo to thoimandg; iioil minio, H'.s liim, the Department the laws, thitt ^nce volintariiy wdrltl, " (ionufi- tln'ir children's iuion merely of •lianieiit, passed, t<'r, witliont tho uiioil, and smue- morniiigsuc- ties provided for of the City of >e(ure the house I'en counted, in ave I)eon a quo- ew the matter nlong, submitted hese laws, not- i the extent of em, but it c«n- The present et, publicly de- tliat ho had 1 evade them t has been so fin by the PresB l>e««n impittrd to him as a crime, and it cannot therefore rea- sonably be expected that those whom the Indian Department term *' Squatters" should voluntarily anticipate the execution of laws that totally ruin them, any more than that his Excellency's chief adviser should feel it his duty not to evade the la\irs that stood in the way of his interest. I hope, Sir, this is the last time the public will be advertised of the outrageous conduct of the set- tlers, till tliey are guilty of them. In the next paragraph we are informed, " that the memorialistt!, labor under an entire misap- prehension of the Iiistory of these transactions." I think Sir before I have finished this review,it will Ijo shewn this is not the case, but that His Lori can neitlier eat, drink or wear, and more oltlie interest on the sale of their large estate, to keep them from starvation. A sympathy that swallows up all tiieir funds, ex- cept the pittance of thirty-live shillings a 'nan, per year, they have more than once intimated to the (Jovernment, they would be glud to di.-tpenso with — feeling exceedingly dissaticiied with tho enormous waMe of their fundf>, in keeping up a large olHcial Slalf of Commi:. Two setts of surveyors and their stalls, had to make their beds behind logs in the woods, during a whole winter, while engaged in the survey. — The lots wore then separatt'ly inspected, with reference to every thing tl)at could add to their value. A price wag put on each lot, in accord- ance with a very elaborate inspection, and diagrams given with particular remurkson each. A large amount of Indian funds was expended in the prosecution of these labours. And all this was done for what ? Why the Chief Superinten- dant of Indian Affairs replies, for the double purpose of more advaniarfeoiml;/ settlinrf the In- dians, oxiAfacilitatinri the sale ot lands in othkii Townships. And these are *' the documents so unsophisticated, so unvarnished, and so consecu- tively put together, which had they been curlier known the name of one of your able ("ity jour- nalists would not have been appended " to a petition in behalf of appointing a conunission of enquiry," although a lad of five years old would feel ashamed of their downright absurdity. It is precisely the logic of the Indian Depart- ment, established at the advent of the special Commissioner, and acted on ever since — and what are these " unsophisticated and uniinruish- tf^ arguments" given us to prove? Why, thot these lands were not surveyed, inspected and valued, for the purpose of sale, in accordance with the terms of the Deed of surrender, of '21i«t January, 1841, but for the purpose of concen- trating the Ind ians and enablingthe Government to dispose of other property, and having estab- lUb«d tliose Indian Department logical conclu- sions, the special Commissioner could then exer- cise legally under the 2nd Vic. c. 16, its six years judioial functions in turning people out of possession of lands so conclusively proved not to- have been surrendered. What position in so- ciety would be assigned you, Sir, if, after giving the public to understand you wished to sell your city property, in lots, and those who first occu- pied them would be entitled to pre-emption,that in accordance with this understanding, numbers settled themselves on the tract before, during, and after you had surveyed, appraised and mapped them ; that after the parties had made extensive and valuable improvements, and that notwWisianding you could make no use what' ever of them, but must leave them to ruin and decay, you then turned round and informed them that if they did not accept of half their value, you would summarily eject them, without giving them any compensation whatever. You connneuced, and carried on for years a series of prosecutions — fined, imprisoned, and ejected the occupants of your lots, and when the other citi- zens petition you to stay proceedings, and sub- mit the matter for an impartial enquiry into the facts, you reply that the petitioners labor under an entire misconception of the history of these transactions. That the reason you incurred the expense of survey, valuation and mapping, was lor the double purpose of enabling you more sa- usiiictorily to select a pasture Jield for your lujraes, and facilitate the sale of the lands you o vued in the city of Toronto. I think, Sir, in view of such a reply as this, which is precisely the import of that you have received from the Chief Superintendant, that histead of lauding your arguments to the skies, your friends would feel themselves under the painful necessity of ar- langing for your accommodation in one of the public institutions of the country. The Chief Superintendent continues. Further that in consideration of the injury inflicted on their interests, and of the ditliculties, occasioned by the dispersion of the Indians, over the whole ex- tent of the unsurrendered land. The Govern- ment should exert its influence, to persuade them, to settle in a concentrated body, in such part of the tract, as they might select for their l)ernianent residence, and to cede the residue for sale. Lastly it emphatically disclaimed any in- tention, however remote, of inducing the In- dians to remove from the Grand River Settle- ment. Negotiations were accordingly opened with the Indians, but for various reasons, and more especially, from their disinclination to adopt the views of the Government, with reference to the dimensions of the future Reserve, wo Jinal decision was come to, until October, 1843. On the fourth of that month, a very elaborate order in Council was passed, which forms the ground inork, on which the subsequent proceedings, in reference to the management of the land uHairs, h«ve been based. While regretting that the ^arded 13 ' could then exer-- ^c. c, 15, its six ling people out of i^ely proved not to it position in so- ir, if, after giving 'islied to sell your se who first occu- pre-emption,that landing, numbers t before, during, , appraised and larties had made ements, and that ke no use what- hem to ruin and id and informed ept of half their set them, without whatever. You years a series of !, and ejected the on the other citi- 'edings, and sub- enquiry into the ners labor under '■ history of these you incurred the id mapping, was ing you more sa- fe Jield for your \f the lands you I think, Sir, in hich is precisely ccived from the itcad of lauding ir friends would necessity of ar- in one of the tinues. Further nHicted on their occasioned by r tiie whole cx- Tlie Govern- ?, to persuade body, in such select for their the residue for laimcd any in- ucing the In- River Settle- lingly opened reasons, and nation to adopt h reference to !rve, no final ;r, 1843. On laborate order ns the ground rocecdingt, in c land atlairs, ing that the Indians, would not be satisfied with a smaller Reserve, it advises that their request, be acceded 1^0, and thus describes the tract to be set apart for their use. " All the the lands on the South side of the Grand River, with the exception of a lierof lots on the plank road fron Hamilton to *'ort Dover, a distance of more than twenty ^iles along the River. Also, the Church lot at *u8carora, and other detached pieces of lands. A Proclaraatioft founded on this order in Council, was issued on the 20th July, ISll, prohibiting trespass on the Tuscarora and Oueida lands." Again, " Persons who had entered upon the Unsurrendered lands could, therefore, only be re- jgarded as trespassers, and the order in Council, jof the 4th Oct., accordingly declares. " That the proposed reservation, will involve the necessity ^f ejecting the intruders, tvitkout regard to the ^eana by which they acquired ponsesmon.^^ Then IfoHows, that, "Formal surrenders having been ex- ecuted by the Indians of the lands, not included in the reserve ; it now became the duty of Mr. Thorburn, who was appointed, in Sept. 1844, a special Commissioner, to adjust disputed claims, iwith a general supervision of the tract, received /Instructions from Lord Metcalfe, under date the 6th August, 1845, to give notice, that all white persons, were to retire from the reserve, before the Ist of Jany. next ensuing." It would, Sir, be difficult to find any piece of composition, more artfully worded, to make a ■wrong impression, and at the same time, to leave ;a loop hole to creep out at, than the foregoing. No one can read what is said on the subject of -the " final arrangement," but would without hes- itation, 8ay,that the partial surrender mentioned, was obtained, in Oct., 1843, and yet I challenge them, to produce any such surrender of an earlier date than I84'7, which is long after Mr. Thor- .'burn'ri appointment in Sept., 1844. Nor were ,_ these useless instrii'ucnts obtained, till after he had illegally prosecuted the parties, under the 2nd Vic, c. 15, and if tliey really exist at all, they niuBt have been clandestinely procured, to set aside if possible, the general surretuler, made in Jany,l 841 ,tM order to afford a pretext, for perpet- uating the judicial authority of the Cotmnis- $ioners. But, admitting these statements for argument sake, what do they prove 5* Why, that although the Government and the Indian Department knew througli their officers, who were well paid for "a general supervision of the tract," — That the lands were rapidly being filled up, and cxten- eive improvements being made ; they are as silent the grave on the subject of intrusions, from the time " the Commissioners appointed to carry tln^ law (2nd Vio. C. 15.) into effect, represented the . state of afiairs to bo so unsatisfactory" in 184U — ^ until the issuing of Mr. Jarvis' Proclamation in 1844 — and beside that, not a single prosecution , was instituted against the settlers, from the fall i of liiO to the close of 184((, A pkbiou op six TKARS ; and the Indian Department takes credit to itself for this line of conduct disgraceful to its management, even on its own showing. But, Sir, the Chief Superintendent is entirely wrong in the reasons assigned for thus uninten- tionally accusing his own Department and the Government of gross derelictions of duty. And it will be ray bu.siness, before I have done, to re-^ lieve the accused parties in this instance, from the shameful position that gentleman has placed them in, and in doing this, I will not have the exceedingly difficult task to perform, of estab- fishing conclusions without first having premises to base them on. Before, however, I attend to this matter, 1 wish to notice one or two others on which great stress is laid by the Department and its supporters. It is regarded as criminal, that the settlers did not take the same view of the question as the Chief Superintendent's contradictory and exceed- ingly sophistical document has established, and the Proclanirttion of Mr. Jarvis', of July 1844, is made the basis of its strongest accusations against the settlors for not removing at once, without a word of remonstrance. I now design to show the value which it could reasonably be expected the settlers and others would attach to such documents in the face of the facts of these lands having been surrendered for sale several years before — were surveyed, inspected, and ap- praised, for this purpose — the Government se- curity of preemption by order in Council, and the published assurances of the Indian and Crown land departments — and if, when I have given them in full, they will appear valuable for any thing, it assuredly will be to establish the claims of the Department to be considered as managed in such a way as to excite the laughter and ridi- cule of the community. The Chief Superinten- dent will hereafter not only be able to quote one " final arrangement," but he will have several others, all issued by the same officer within a few months of each other, to strengthen his "final arrangements" position in the next reply he may favor the public with. Proclamation Ist. Inoian Office, Kingston, Nov. 14, 1843. Siu, — In regard to those persons who have taken possession of lots of land, and made exten- sive improvements, the right of prceviption will be extended to them in all cases, where practica- ble, and in no case will a stranger be permitted to purchai^c a lot in the possession of another person, but on the express conditions of paying the occupants the full value of their improve- ments tlu'reon. You will confer a favor by making this iicncrally known to the settlers, for I have received information from several quar- ters, that there are individuals along the River who have circulated reports with respect to the sale of these lands, calculated to alarm the peo- u pie, and, indeed, to induce them to suppose the Government, at the instigation of the Indian Department, was disposed to deal harshly with them. (Signed) SAMUEL P. JARVIS. This is "final" decision No. 1, in direct oppo- sition to the " final" decision of the orders in Council of the preceding month, Oct. 1843, and refutes all that has been said or insinuated by the Chief Superintendent, with reference to prk- KMPTIVE RIGHTS. Proclamation 2xd. Indian Office, Kingston, January 22nd, 1844. It having been represented to His Excellency the Governor General, that a number of persons have intruded themselves upon the lands on the south side of the Grand River, between the Townships of Brantford and Dunn, exclusively appropriated to the use of the Six Nation Indians, to the serious injury and great inconvenience and annoyance of said Indians ; such persons are re- quired forthwith to remove from said tract. And public notice is hereby given, that ail per- sons holding unauthorized possession of any part or parts of the said Reserve, whether on the North or South side of the river, after the first day of April, now next ensuing, will be prosecuted with the utmost rigour of the Law. (Signed) SAMUEL P. JARVIS, Chief Sup. Indian Affairs. This is " final" decision No 2, setting aside " final" decision No. 1. !;■ Proclamation 3rd. " Indian Office, Kingston, March 28th, 184 J. The inspection and valuation of certain lands, on tlie North side of the Grand River, in tlie Gore and Niagara Districts, belonging to tlie Six Nation Indians, being now coinjilotcd, in pur- suance of an ord(M' ill Council, (luted the UTtli November, 1S40, the public are hereby notiiiod that the said land, with certain exceptions, are for sale under the following regulations: "All persons reported as resident settlers upon, and prior to, the 27th November, I84i>, will be considered the first applicants,and entitled to the right of pre-emption for six calendar months thereafter, at the rate fixed upon the lands, with- out paying for the value of improvements." The lands comprised within those tracts designated the Johnson and Martin Settlements, the Ox-How Eagle's Nest, will be let on leases lor a term of years at an annual rentiil, &c." Further notice is hereby civon, that the Indi- an lands on the South side of the Grand River, between the Townships of Brantford andCayuga, w ith the exception of one Concesaion on either side of the Plank Road, between the Caledonia bridge and the Southern limits of the Indian Lands are set apart for the exclusive occupation of the Six Nation Indians ; and all persons are hereby cautioned against trespassing upon, or holding unauthorised possession of the same. (Signed) SAMUEL P. JARVIS, Chief Sup. of Indian Affairs. This is "final" decision No. 3, setting aside final decision No. 2, by excepting the Townships of Cayuga, and establishing pre-emption by Orders in Council, denied by the Chief Superin- tendent as applying to the lands in question. Proclamation 4Tn. Indian Office, Kingston, July 20, 1844. Reserving all the lands on the south side of the River, with the exception of a tier of lots on the Plank Road, from Hamilton to Port Dover, &c. This is THE "final" decision mentioned by the Chief Superintendent, and setting aside final decision No. 3. Proclamation 5th. ' • Indian Office, Kingston, 1844. Reserving all the lands between the Townships of Brantford,to within one tierof lots on the west side of the Plank Road from Hamilton to Port Dover. This is "final" decision No. 6, completely setting aside all preceding final decisions. Now, Sir, here are no less than five Proclama- tions, all issued from the Indian Department, within a lew months, contradicting each other in every direction, and nearly all, indirect opposi- tion to the Chief Superintendants unsupported statements, — and not one of the whole number has Kince bfi-n acte.iely furnish the information that these parties ex* pressed their " willingness" to retire, or that the compensation was " unhesitatingly accepted" by upwards of one half of them, and that a con- siderable number have since followed their ex- ample is beyond credibility. Because you gave up half your money on the demand of a highwayman, who, if you refused, threatened to take the whole — or that one hav- ing the option of being hung, or transported, and accepted the latter alternativ.e — that it could be considered in either of these cases it was done "willingly" and " unhesitatingly accepted." And yet this is preeissely the kind of "willingness" and the "unhesitating acceptance" which these 1 27 expressed to retire on the receipt of the pit- tance that was paid them. With respect to the nine who, it is stated, " had returned to the reserve, after having ac- tually received compensation," I have to re- mark, that they took what Mr. Thorburn chose to allow them, under threats, as I have already stated, if they did not accept that, they would be turned off without anything; ascertaining, however, that Mr. Thorborn was assuming juris- diction under a statute that did not apply to these lands, from their having been ceded by the In- dians, they either proffered a return of the moiety paid them, or advised him they were prepared to do so. The reply continues : — " Meanwhile, however, a number of the squat- ters headed, as it would appear, by Mr. Cheshire, who, having by his own showing, not come into tlie tract until after the publication of the Chief Superintendent's notice of the 22nd Jan., 1844, was debarred according to the rule laid down by Earl Cathcart, from any claim to compensation, refused to quit the Reserve. It became neces- sary therefore to proceed against thera as tres- passers, and Messrs. Thorborn, Bain and Clench, who had been appointed Commissioners under the 3rd Vic. C. 15., held a Court in Nov., 1846, for that purpose. On application of the accused parties, the Court was adjourned till the 2nd De- cember, in order that they might procure the attendance of Mr. Jarvis, as a witness for the defence, and copies of certain documents from the r(?cords of the Indian and Crowns Land De- partment. The trials took place on that day — Council appeared for the defence — the required documents were produced — and Mr. Jarvis, ex- amined, hut his evidence was entirely unfavora- ble to their pretentions. He declared that it had always been intended to locate the Reserve on the south side of the Grand River, and that answers to that effect were given, whenever par- ties applied for permission to settle there, also, that such of his letters as might have been sus- ceptable of a different interpretation could only have refer^-nce to the opposite side of the river; the whole — ar« rted ; bi ' that 1(1 delib<.r..iel7 ise parties ex- tire, or that the y accepted" by nd that a con- owed their ex- : money on the if you refused, that one hav- ransported, and hat it could be es it was done ccepted." And " willingness" e " which these ;eipt of the pit- 0, it is stated. Iter having ac- I have to re- rhorburn chose I have already lat, they would ascertaining, assuming juris- t apply to these ded by the In- return of the him they were tntinues : — er of the squat- y Mr. Cheshire, , not come into on of the Chief iiid Jan., 1844, le laid down by compensation, became neces- t them as tres- ain and Clench, ssioners under in Nov., 1846, of the accused till the 2nd De- it procure the dtness fur the :)cuments from )wns Land De- on tiiat day — —the required Mr. Jarvis, ex- irely unfavora- (clared that it te the Reserve ivcr, and that whenever par- le there, also, lave been sus- ion could only 3 of the river ; I thoy wore served with notlcen of judgment to re- tiro in thirty dajM, they gave notice of an appeal to the Court of Chancery, and the appeals were heard on tho :trd May, 1847. All the documents and evidences on which they relied were i)ro- duced. and tho couvictioua confirmed with COBtS." Now, Sir, is not this a siclcGning recital, here is a number of poor people who, (except Mr. Ches- hire who came into poBsossion of another party) I am led to believe, were settled on this tract, oven before Mr. iTarvis* quintuple contradictory Froclamation«,not one of which, lam persuaded, the parties over saw, nnd wore, besides, never acted on by the Government. These parties of- fered in my presence that, on being paid the value of tlieir improvements, they would at once give up peaceable possession; but this would not be listened to, they were debarred according to an arbitary and unjust rule, which Earl Cath- cart is slaudored with as having laid down, ex- dluding them from any claim to compensation. Well, they must either turn themselves and fiunilios adrift upon the world, and abandon their hard earnings to be given up to waste and ruin, or otherwise make the best of their case they eould ; tho little means they possessed was wrung out of them, in being iorccd to maintain their rights by expensive proceedings in the Court of Chancery, ogainst the whole power of the Indian funds, where tho only satisiiiction they got was tho information that, " except they had deeds, the (Jourt could give no decision ayainst the Vrown.''^ One wouhi suppose on reading the statement of tho Chief Huperintendcnt, that the parties had a trial ou the merits of their case bclbrc both the CommisHiorjcrs, Court, and Chancery ; but this thoy well know is not the fact, tho obsolete statute under which they were prosecuted, gave the CommiBHion arbitrary authority to eject, if it was only proved tho parties were settled ou the the lands, a>id the Court of Chancery dismissing their cases in tho manner above dcscriljed. It is Jiot true that all "the required documents were produced" by tho J)opartmentat the ad- journed mooting in Dec, and even if they had been, it would havo mattered nothing, as the Court rofuHcd to record tlioHc that were produced, nnd CouriHol for tho settlors not being able to have this done, loft tho court in disgust and did not afterwards return. The wliolo was an expensive farce at tho charge of the Hottlers and tho Indian funds. Tho De- partment has given all tho testhnony on which tho CommiHsioners grounded tho convictions, namely: Mr. Jarvis's declarations of the "inten- TiONH " to locate tho reserve on tho south side of tho river, liis uki'likh to other parties, and a KKi'uiiiATioN of his own published documents. I am exceedingly obliged to tho Chief Superin- tendent for placing the inlonnation belbre the public, thutthiiHc are tin; grounds ou w. ich bin Court— composed of Indian ugonto, Bitting us Indian judges, and Indian juries trying Indian cases — give decisions, to turn people out of their possessions. I utterly defy thb production OP ANY testimony — exccft of this description — WIIATEVEB,AGAINST TUE PARTIES. I will now mention a highly aggravated case of very recent occurrence. Settler Strong was summoned before the late CommissionerWianiet, as a trespasser in 1841, who dismissed the case, on the ground of the lands being surrendered for sale, and told the party to go home and con- tinue his improvements. This individual was in the language of an unjust and arbitrary order — •' without regard to the means by which he ac- quired possession," — turned out of his extensive and very valuable property, the fruits of the labor of some cloven or twelve years, by the present commission, only a few months back. With regard to the report of a committee of tho House of Assembly " investigating the cir- cumstances of the case," I have only to say it ia wrong to characterise it as an investigation. The only witnesses examined before that Com- mittee were David Thorburn, J. B. Clench, Indian Commissioners ; George Yarden, Deputy Superintendent General Indian A£fau's ; and Mr. Turner, Solicitor to the Department. Mr* Cheshire was asked a few questions, and handed in a Ust of witnesses to be called, to which tlie Chairman of tho Committee replied as follows : House of Assembly, Friday Even'g—8i P. M. *' Col. Prince presents his compliments to Mr. Cheshire; he has received Mr. Cheshire's letter, and as the Special Committee meets at 11 o'cloclc to-morro*'' ^ "t least it has been summoned for that hoary no then will take tho sense of such Committee, whether the distant witnesses named in tho lettc- oughttobo summoned or not." Thot,e witnesses were not sent for, as the House was pro ogued a few days after, and therefore any deciuslon tho Committee may have arrived at mu?t have been upon exparte evidence,furnish- ed bj the Indian Officers — the parties complain- ed oil This is the true state of the case, so far as regards the investigation before a Committee of the House of Assembly. But it is in bad tiste for the Chief Superintendent to mention any thiag on this subject, while refusing to carry out the recommendation of the Committee by " allowing the settlers a fair and reasonable com- ponsatiou for their improvements. In continuation oi" tho narrative, tho Chief Superintendent says, tliat under tho provisions of tlio 12th Vic. c. It, and the 2nd Vic, c. 16, tho Commissioners proceeded anew against tho Squatters, and that on an appeal to the remodel- led Court of Chancery, their convictions were again affirmed with costs ; the ettbrts to got rid of tho ScjuiitterH ntlll proving unsuccessful, the J 4th Vic. c. 74, waacnaciiid, giving the Com- niiasioncrt. suiuniaiy jui'i Jiction." ,J 18 5 Now, Sir, what doc« tlio nhovo a*!!!!!!, iiuil l\ in fact ? — Why, that tho pronuciitiona covering aevcral years, under tho 2iul Vic. c. 15, wcro illegal, and recourse was had to expost facto Legislation to enable the comniission to continue its well paid and valuable labours ; and on appeal to the remodelled Court of Chancery, under these remodelled statutes, " tlio couvictiona were again aflirined with costs." I have now. Sir, passed in review all the mat- tors of importance in the reply of tho Chief Superintendent of Indian Affairs to the Memori- al for aa enquiry into the question of the claims of tho settlers on the consideration of the govern- ment, and tho management of tl\e Indian Department. I have examined the Orders in Council given, and have expressed an opinion, both as to the extent of their authoi icy ; the pro- priety of the applications ; and the value that should be attached to them in this discussion. I have examined the charges made against the set* tiers of outrageous conduct, and defied the proof. I have endeavored to show "that the Memorial- ists do not labor under an entire mis-apprehen- siou of the history of these transactions," by an examination of that history, as furnished by the Chief Superintendent. I have given the various proclamations by the Indian Department, with observations on the value that could properly be attached to these documents. I have furnished proof, from documents of the Special Comniission and the Civil Secretary of 1845 and 18-10 res- pectively, that no final decision was conve to, up to the latter period " with rcl'erenco to tlie dimen- sions of tlie future reserve," notwithstanding Mr. Jarvis' proclamation in 18-1-i. I tliink I liave proved that the government had failed to show the occupation of these lands by wliite settlers was unautlioriscd. I have pointed out with what " willingness" and " unliesitating acceptance one hundred and twenty seven of the settlers were forced to take "conipcnsation,"and have assigned the reasons why nine had a;:;ain resumed their improvements. I have examined the question of the trials of the parties before the Commissioners and Chancery Court, and paid some attention to tlie Parliamentary investiga- tions ; and if I have failed to shov/ the want of grounds, which the document under considera- tion in my estimation clearly exhibits, for refus- ing such enquiry, it is from inability and want of time to do the subject justice. I leave these questions, however, to the decision of the public. Before I enter on the consideiation of tho question as presented by facts, and with authen- ticated documents, on whicli the case of the set- tlers is rested, I will very briefly relate how it comes that tho Chief Superintendent has been placed under tho necessity of attempting to re- concile contradictions, and unwarrantable infer- cnceri and conclusions. It will be seen that notwithstuuding Major Winniett, who resided on the spot, held counnia- slon under the 2nd Vic. C. 15., no one was ever convicted for trespass from tho date of surrender of Jan. 1841, to tho eloso of his connection with the Indian Department in 184*1. That gentle- man understood the true position of these lands,, and hence the absence of all litigation in regard to them. Mr. Thorburn, at this period, was ap- pointed to adjust the conflicting claims of tho settlers on my representation of its necessity to Lord Metcalfe. The management of the Indian Department had now become vacilating and con- tradictory, to such a degree, that one would be led to infer, it did not know one day what it had done on the preceding. Mr. Higginson now took the sole management of tho lands, as stated by Mr. Draper, and the Government forgetting that they v/ere placed under its management by the surrender afbresaid,thence forward, ceased to ex- ercise any control in the matter. The Indians meantime, not receiving anything out of the property they had surrendered, and instigated by parties ii'.erestedin keepmg the land unoccupied, became urgent on the Department not to allow the sale of any more of their lands, and insisted on having all those on the south side of the river set apart for them. These were now settled on to a large extent, and the Depart- ment " being especially charged with the main- tainance of tho Indian rights and privileges," and " tliat even when difl'cring with them in opinion with respect to tho precise extent of the proposed Reserve, felt constrained to yield to their ascertained wishes." The question now arose, how was this to be carried out V how were the settlers to be got rid of? the Department finding the remedy in an old statue, empower- ing the Governor General to appoint a Commia. sioner summarily to eject the occupiers of unsur- rendered lands thatCommission was consequent- ly appointed to deal with these lands, notwith- standing their surrender to the Crown, and con- sequently their altered character. The Commis- sioners proceeded on the duties assigned them, and issued their summonses to parties in the lan- guage of the statue, " for the occupation of lands, for tha cession of which to the Crown no agreement hath been made with the tribes oc- cupying the same, who may claim title thereto;" but finding at last that a surrender was made by the Indians, and an " agreement made with the Crown,"' they then clandestinely, it appears, (for it has never been heard of before,) obtained a surrender covering only a part of their lands, and leaving the ''residue" for the jurisdiction of the special Commission. This is the "formal surrender" referred to by the CiiiefSuperinten- dcnt, and must have been obtained six or seven years after the surrender of Jan. 1841, and after the Townsliip of Seneca, Onondaga,and the great- er portion of Oneida, had been brought into mar- ket, ami much of these Townships disposed of. — The surrender of Jan, 1811 being tho only au- thority giving the Goverumentjurisdictiou over 11) no one was over !ato of surrender Bonnection with . That gentle- 1 of theao lands, Ration in regard period, was ap- J claims of tho its necessity to It of the Indian Hating and con> ; one would be iay what it had jinson now took is, as stated by forgetting that igement by the d, ceased to ex' siving anything rrendered, and sepbg the land ^e Department of their lands, on the south I. These were nd the Depart- rith the main- d privileges," with them in c extent of the d to yield to question now lit ? how were 3 Department iuo, empower- int a Commis. )iers of unsur- 8 consequent- ids, notwlth- )wn, and con- The Commis- isigned them, ies in the lan- ccupation of he Crown no the tribes oc- itlo thereto;" was made by lade with tho appears, (for ,) obtained a f their lands, irisdiction of the "formal fSuperinten- six or seven U, and after id the great- ;htintomar- sposcd of. — tho only an- dictiou over tlieao lands, as distinguished from t]ie?o Impcrinl instructions. "We do, therefore, with the ad- vice of our privy Council, declare it be our royal will and pleasure, that no Governor General in any of our Colonies, DO PRESUMK, ui'o.N any pke- TENCE WHATEVER, to grant warrauts of Siirvey, or pass any Patents for lands, &c., whicli not having been ceded to, or purcliased by U3 as aforesaid, are reserved to the said ludians or any of them as hunting grounds." And hence the difficulties that have since arisen, and tho impossibility of tho Chie f Superintendent being able to assign satisfactory reasons for the pro- ceedings of the Department under his manage- ment. I will now, Sir, enter on a short but correct history of tho question, from dommentary evidence and facts, tn order to disprove the po- sition sought to be established against ^lie sett- lers, by the Chief Superintendent's reply ; and I think I will be able to do so without either making positive mi statements, or involving my- self in endless contradictions, and drawing re- diculous inferences. Having identified myself with tho early settle- ment of the lands — in which I take a deep in- terest, I may be permitted to say, that my know- ledge of the history of what then took place, is not from hear-say but from actual observation, and matters in which I myself bore a consiera- blepart. Confining myself then to the system adopted after the demise of the younger Brant, in relation to those Tands, I may state in the language of my letter to the Spectator^ of the 2l8t April, last, that the system adopted was, that parties having made selection of a parcel of land, procured a survey and plan of it, and having first secured the good offices of a few of the Indian Chiefs, by some trilling presents ; the matter was then laid before a council and a surrender obtained. These lands were then ap- praised by the Surveyor attached to the Indian Office, at Brantford, and a Patent Avas issued, on payment of the amount it was valued at. The Indian territory received a largo accession to its population from those who were operatives and laborers on the Grand River improvements. In 1834 ; numbers of these purchased out Indian improvements, and others squatted on the lauds, and are now some of our most thriving farmers; the squatting system then also become very gen- eral, till an act of the Provincial Legislature was passed ; the 2nd Vic., Chap, 16, 1838, which was intended to protect the Indian unsurrend- ERKD domain, from trespass, and authority to the Governor to appoint a Commission for this purpose. Immediately after tho passing of this Act, I had several interviews with Sir George Arthur, in relation to it; when I took the oppor- tunity of advising hhn, witli respect to tho extent these lands were settled on aad improved, and pointed out to him, not only thi.> ruin ho would iiriiig on tiic 8ettlor,s,l»yp\ittiug that law in fovc(! figalnst them, but also tho imprnclicability and folly of preserving such a large tract of land in its original wilderness state in the heart of a densely settled countiy, and strongly urged the necessity of tho Government obtaining a, surren- der from the Indians, and bringing the lands in- to market. Kis Excellency was loth to credit the account I gave him of the extent of the im- provements made by the settlers, but said he would not appoint a commission till he made himself acquainted with the facts, none was con- sequently appointed till tho fall of 1839 or tho spring of 1840, when the late Major Winniett, tho Superintendem, of Indian alTairSjObtained the ad- ditional appointment of Commissioner under the act; some of the most worthless of the Indiana now, who had disposed of their improvements to procure the means of supplying their wants with- out labor, lost no time in availing themselves of the provisions of the statute to regain possession of the improvements they had sold to the whites, and which were now in a greatly improved state and accordingly they lodged complaints against the occupiers before the commissioner, and sum- monses, convictions, ejectments, fines and im- prisonments rapidly succeeded. A settler, of the name of Howel, near Fair- child's Creek, was summoned before the Com- missioner. He was convicted, of course, as it was only necessary to prove he was on the lands to do this, and ordered to pay a fine and costs of about six pounds within thirty days, and leave tho farm he occupied immediately, on pain of imprisonment. This was in the autumn of 1840. He had fifty acres of excellent wheat ready for reaping, and not knowing what to do, came to me for advice. I took the conviction and en- closed it to Governor Arthur, to show the in- justice that would be done in carrying out that arbitrary law against the settlers, reminding him at the same time of his promise to investigate the matter, and strongly urging the appointment of a commission to ascertain the true condition of the settlement. To this communication I was favored with an immediate reply, through Mr. Secretary Harrison, conveying His Excellency's thanks for again drawing his attention to tho subject, with an assurance that he would lose no time in having the matter properly investigated. Accordingly, John W. Gwynne, Esq,, barrister of Toronto, was despatched to the Grand River, and on entering on this duty, the following ad- vertisement was issued by him to tho settlers: INDIAN LANDS NOTICE. Mr. Gwynne has been sent from Toronto for the purpose of ascertaining and reporting upon the nature of the claims of all the settlers upon tho unsurrendered lands of the Six Nation Indians on the Grand River, to the lands in their pos- session, and the description of the position where each individual is settled, A meeting will be held at Doyle's Inn, in Brant- foid, on Tnorfday next, tho 18th inst., at 11 M- 1 o'clock, A. M., foi' tlio above purpor-o, at whicli a full attendance of the settlors ifl requested ; they are also requested to brinp; all evidence of claim, writings or receipts in their possession, re- lating to the lands, and alHO a description of the boundaries of the preniiscs who; : the same have been surveyed, and a map or plan, where any o&vfi such (Sign'cd) JOHN W. GWYNNE. Immediately on Mr. Gwyime's report of the nature of the claims, and the extent of the im- provements of the settlers beinp presented to the Government, an elaborate order in Council, of which the following is an extract, and which was ftirnished for the information of the parties having interest, was foimdcd thereon : " That all persons reported as resident settlers, up to the date of the present order in Council, be considered tlie first applicants, and entitled to the right of preemption, for the fipace of six calendar months thereafter, at the riitc lixod upon the lands, without paying for the value of im- provements. Dated at Toronto, the 27th Nov. 1840."— A true extract, .1, 0, Tarbut. Sir George Artliur, then Lictitoiiant Governor, visited the Grand lliver, ac-conipaniud by Mr. Gwynne, aforesaid, and Mr. Jarvis, Chief Super- intendent, Indian Alliiirs, a council of the Indians was called, and tiio lullowing surrender of all their lands obtained. The Chiefs* and warrior.') of the Six Nations In- dians upon the Grand Rivur, in full council assem- bled, at Onondaga Council IIouhc, this 18th day of January 1841, having maturely considered the proposal made to them by Saniuul I'eter Jar- vis, Chief Superintendent of Indian aifairn, con- tained in the annexed documents, dated the 5th and 15th January 1841. In full reliance and confidence in ller Majesty's Government that they will dispose of tlic property of the Six Na- tions Indians for tlio solo benefit of them and their posterity for ever, according to the intent and meaning of the said annexed documents, and for no other purpose whatsoever to the best of their judgment; and also in lull confidence and reliance upon Her Majesty's (ioveni)iicnt that they will not sell or dispose of in fee 8iini)le, any portion of that tract called the Johnston settle- ment, unless what is available to be sold as town lots in the immediate neighborhood of the town of Brantford, witliout the assent of those Indians for whom the same was formerly reserved first being obtained. Have and hereby do assent to Her Majesty's Government disposing of the lands belonging and formerly reserved upon the Grand Kiver for the Six Nations Indians, for the sole benefit of the said isix Nations, and for the full and valuable consideration according to the best of their judgment, so as to preserve the benefit thereof for them the said Six Nations and their posterity for ever, . and for no other purpose to the intent and meaning of said annexed documents, dated the 5th and 15th January 1841, respectively. In testimony whereof we, Moses Walker, John Smoke Johnston, J. Kanawate, Kanakariateni, Peter Green, John Whitecoat, and Jacob Fish- carrier, being deputed by the said Six Nations, in full Council assembled, to assent to the same on their behalf, have hereto set our hands and seala this 18th day of January 1841. (Signed) Moses Walker, f L.S. John S. Johnston, (L.S,1 J. Kanawate, his M mark, (L.S.) , . „ ^ Kanakariateni, his M mai-k, (L.S. John Whitecoat, his M mark (L.S.) Peter Green, ^ , (L.S. Jacob Fishcarrier, (L.S.' Signed, scaled and delivered in the pi-esonco of us, being fully interpreted by Mr. Martin, a subscribing witness to these presents, (Signed) J. Martin, I. I. Dept. * James Winniett, S. I. A. George W. Gwynne. Certified a true copy, 5:.':y> (Signed) - George Varden. The above instrument of surrender, as is seen, is signed by seven of the head Chiefs, who, after the death of John Brant, as every one on the Grand River knows, who is at all acquainted with Indian aliairs, exclusively transacted every im- portant matter of the tribes, and were expressly deputed on this occasion by the Indians in full Council assembled,to assent in their behalf to the surrender under consideration. It will also bo seen that the surrender expressly stipulates tliat the lands are to be sold for their full and valuablo consideration, and are made over to the crown for this and for no other purpose whatever. Tho surrender of tho whole tract having now been obtained, the necessary plans for the survey wore immediately prepared by the Surveyor General's Department, and the survey was com- menced siuiultaneously by Mr. Kirkpatrick on tho north, and Mr. Walker on the South side of tho river, in September 1S41, and the field notes of tho townships of Seneca, Oneida, Onondago, and Tuscarora, were completed the following spring. In order now to show with what care, and how rigidly the Government of that day adhered to the terms of the surrender, I will here transcribe tho particular and minute instructions furnished I)y tliem to their inspectors to obtain the actual value of every separate lot, and at tho samo time to protect the rights of individual occu- piers. Blanks to be filled up under the following ((uerics, were furnished for the purpose: 1st. If occupied, by whom and under what color of title? 2iid. If improved, tho nature and extent of improvements ? :srtl. The quality of the soil and timber ? ;i ^ soon a 2i curacnte, dated respectively. I Walker, John Kanakariateni, ,d Jacob Fish- Six Nations, iu ;o the same on lands and scala (L.SO (L.S.i irk, (L.S.) nai'k, (L.S. niark(L.S.) (L.S. (L.s: i the presence Mr. Martin, a [its, . Dept. tt, S. I. A. ynne. rgc Vardon. Icr, as is seen, ofs, who, after ry one on the quainted with ed every im- irere expressly [idians in i'ull behalf to the will also be tipulatcs that and valuable ;o the crown latever. The ng DOW been the survey le Surveyor ey was com- tatrick on the h side of the held notes of [londago, and )wing spring, are, and how adhered to re transcribe ns furnished in the actual at the same vidual occu* he following ose: under what id extent of imbcr ? t •4, I 4th. The nearest distance to any Town or Village, Flour and Saw Mills, Tavern Stands,&c ? fith. What is the value of the lot per acre, in its present improved condition ? 6th. What 18 tlio full value of the lot per acre without improvements, at the present time, with- out reference to former upset prices or alleged expectation on the part of the claimants, but the present actual value in the improved circumstan- ces of the whole Indian triict and country adja- cent, only exccj'thig the value of improvements on the individual lot now under consideration ? Vth. How is it watered ? Are there any iiiill- sites or water privileges on it, or streams adapted for Distilleries, Breweries, or Tanneries, &c? 8th. Has the timber suffered from depreda- tions, and are such depredations still going on ? 9th. Has this lot any particular advantage of situation, such as being near to a town or village, or principal road or water conveyance ? 10. Are there any salt or mineral springs,bed3 of plaster, or ore of any description supposed to exist on this lot or within a short distance of it ? If so, what may be considered their value, and what increase of value do they add to this lot, and to the adjacent lots within a lunitcd space ? 11th. What is the valne of the improvements, not estimating at any supposed rate of cost, but at the minimum rate, which they may be suppos- ed to add to the value of the lot in market ? 12th. In your inspection of that part of the Township of Brantford called the Johnson Settle- ment, you will return the names of all squatters, or other persons in possession of lots, stating the number and concession, number of which com- pose each family, and what in your opinion would be a fare rate exacted, in case the parties should be disposed to remain upon the land under a government lease ? The Ifiuda in Seneca, Onondaga and Tuscorora were all appraised, as the foregoing instructions directed, and a return of the same was made in 1843, and some sales were effected before the lands were generally brought into market, which took place on the 28th March,1844. During the progress of the survey and appraisement, as al- ready detailed, many Old Country immigrants arrived in the Province, seeking for lands to pro- vide homes for themselves and families, and from the Government Officers in Kingston, up to the Grand River, these lands were pointed out to them, as offering the greatest inducements to ac- tual settlers, and consequently the Indian De- partment, not having yet taken on it the unau- thorised liberty of repudiating and reversing all that had been done, by precedmg Governments, to bring these lands into Market — lots scattered over the whole tract, were indiscriminately taken up and settled on — the parties holding them- selves rea, 1841. Gentlkmen, — I received this morning your communication, dated, 20th inst., on the sulycct of the lands you occupy, respectively on the West side of the Grand Jiivcr, and as soon as the survey, now in course by Mr. Kirkpatrick, is complete, and his report sent in, your claims shall receive full consideration. With respect to the depredations being committed upon the timber (by a Mr. Smith) I shall write by this day's post to Mt\jor Winnictt and to Mr. Bainc, to investigate the matter without delay, and pro- ceed ugainst the parties. X hflvo &c (Signed) SAMUELP.JARVIS. To Messrs. C. Stewart, J. McCabc, and Sullivan Brown, &c. &c. ' In'ktan OiFirK, Kingston, 1 llh Nov., 18 IH. Sir, — In rfj;iird to IIiok; poisunM who iuivo taken possutiMun of loth of liiiid, and nimlo ca tensive improvements, the rights of preomptkm will bo extended to them in aU cases where prac- ticable, and in no case will a stranger be permit- ted to purchase a lot in the possession of another person, but on the express condition of paying the occupant the full value of the improvements thereon. You will confer a favor by makmg this generally known to the settlers, for I have received information from several quarters, that there are individuals residing along the river, who have circulated reports with respect to the sale of these lands calculated to alarm the people, and indeed to induce them to suppose the government at the instigation of the Indian Department, was disposed to deal harshly with them. I have, &c., (Signed) SAMUEL P. JARVIS. , i = . Crown Lands Department, Kingston, March 27, 1844. Sir, — I have to acknowledge the receipt of your letters of the 2nd and 9th inst, with refer- ence to the North half of Lot No. 16, in 8rd Con. of Onoudago, and the .£40 enclosed in the former, on account of the said lands, which will be held in deposit. I beg to state, that as the lot is in the occupation of Peter McKarraher, it will not be sold to another without his consent. I am. Your most obedient ser int, T. BOUTHELLIER. James Little, Esq., Seneca. CROWN LANDS DEPARTMENT. Montreal, 14th Jan., 1846. Indian Lands on the Grand River. Notice. — The public are hereby informed that applications to purchase the disposable lands in the Townships of Onondaga, Seneca, Dunn and Cayuga, which were opened for sale by the no- tice issued from the Indian Othce, on the 28th March last, must be made to David Thorburn, Es(i., at Indiana, who has been appointed Com- missioner, to investigate claims connected with these lands, instead of to this Department aa formerly. Tlie persons who were found in occupation of those lands when inspected, are reminded tiiat their claims to prooniption liaving expired, the respective lots may now be wold to tlie first ap- plicant who pays tlie appraised vuluo of the Im- provcmcntrt thereon. liy command of His Excellency the Governor General. D. B. PAPINEAU. Extract of a memorial of the Chiefs of the Six Nations Indians to the Government, March 27th, I8i:{. " And tho CliiolM would fiirtlior represent, that il iH tlio intrntion of theCiovormnnnt to sell tlieir l.uiils, requiiukg uuu-thiid of tho puichado money 23 i of preemption iscs where prac- nger be permit- 9sioa of another ition of paying Q improvementa voT by making tiers, for I have I quarters, that ig the river, who >ect to the sale the people, and the government epartmeut, was !m. P. JARVIS. SPARTMENT, rch 27, 1844. the receipt of inst., with refer- No. 15, in 8rd I enclosed in the mds, which will e, that as the lot Karraher, it will is consent. ient ser mt, tFTHELLlEfi. UENT. h Jan., 1846. ml River. informed that osable lands in icca, Dunn and sale by the no- ce, on the 28th avid Thorburn, ippointed Corn- connected with )epartment as a occupation of runiinded that Ig expired, the to the first ap- iiluo of the im- (T the Governor APINEAU. liiofs of the Six lit, March 27 th, represent, that !iit to sell their urchaso money down, and the remainder in three years with In- terest : if 80 is the case, they respectfully remon- strate against any such course, on the following grounds : — ^The scarcity of money in the country would place it out of the power of actual settlers to comply with the terms of payment, conse- quently they would resort to the Canada Com- pany, who do not require any money down ; our lands would' then remain unsold, and we could derive no benefit therefrom, unless we submit- ted to the sacrifice at the hands of monied specu. lators. All that the Chiefs and warriors want, is the interest, and why not let the industrious settlers have the benefit of the prmcipal as well Banking institutions ; for if sold for cash, the money must be funded, and one-third of the pur- chase money would be a great assistance to the poor settlers : we only wish the interest of the purchase money to be paid in advance, the im- provements of the settlers will be ample for the payment of the principal. Signed by WILLIAM JOHN, ) and 86 others. ) The aboye documents are given, to show the i true position of this question, and to disprove all that has been said on the history of these trans- <■ actions by the Chief Superintendent. Documents * might be multiplied on the subject, but it is pre- ' eumed enough has been given to make this clearly apparent. In the first place it will be \ seen that Mr. Gwynne's mission was to the I Settlers on the unsuhrkndeukd Lands. 2nd. — [ That the orders in Council based on this report, i secured the parties in possession in pre-emptive [rights. 3rd. — That the instrument of surrender [covers every foot of land then in possession of I the Indians on the River, and stipulates forlhcir sale, and for no other purpose. 4th. — That the [survey, inspection and valuation was for the [purpose of bringing these lands into market for [sale. 5th. — That tlie letters of Mr. Davidson, [Coinmissioner of Crown Lands, of date tlie 14th, [and 17th May, 1842, declares that the unoccupied |lands, without making any exception, will be sold the first applicant, and that ])ro-eniptioii i.s ^ecured to those in possession. (Uli, — Tliat the n>!ttorofMr. Jarvis, of the 2()th Dcccnibcn-, 1S41, *'%o Messrs. C. Stewart, John McCabc, Sullivan, ;Brown, &c, &c, was written to advise tliese pai- ticH that ho would write to Mayor WinnitI, tlie loi'al Superintcmkiit of Indian Affairs, to protect them from tho depredations committed on lauds they occupied in Tuscnrora. 7th.— TImt the letter of T. nouthellier, of tlic ('rown Lands Department, sccurod the right of - pie-emption to Peter McKaracher, in 1844. 8th. — That the notice of Mr. rapinoau, ( 'Oni- niisaioner of Crown Landi^, doclarcb' tlK>ii;;lit of iipre-emption to have been in Ibrce, and the laiitls |K>pen for sale at the date of his notice in January "1184 ft. I Uth.— Thatin Mureh, 184«, the Cidcf.^ and warriors of the Six Nations Indians to the immber of 87, admitted the validity of the surrender madb in January, 1841, and solicited easier terms of payment, in-order to raise a revenue from the speedy disposal of their lands. Before I close, I feel it proper to make a few remarks on some of the documents above ^ven. When the surrender of the Indian Lands wa» obtained, it was agreed by the GoTemmentthat 20,000 acres would be set apart for their rea- dence, so long as they remained on this tract ; had this been done at the time, matters would not be in the unsatisfactory state they now are. It was not, perhaps, decided where the tract would be situated, or whether it would consist of detached pieces, the consequence was, that under the general surrender, pre-emptive rights — the inducements and promises in the documents I have given above, with other supporting cii> cumstances, the whole tract was indiscriminately settled on, and the parties in possession in Tus- carora and Oneida, have consequently as good rights to be allowed to purchase as those in Seneca or Onondago, and this they should .b« allowed, when it is clearly seen the Indians are not able to occupy the fifth part of the lands yet remaining unsettled. From the letter of Mr. Jarvis, of the 14tli November, 1848, which the party to whom it was addressed, was directed to make generally known to the Settlers, it is evident that strong inducement was held out by that, officer to those in possession of these lands, to prosecute their improvements under pledge, that peaceable pos- session and pre-emption were secured to them, but iu bad faith to those unfortunate settlers, it has turned out that they are made the victuns of the very policy, from which that letter was designed to exculpate both the Government and hhnsclf. With respect to the letter to Mr. C. Stewart, and others — Mr. Smith was summoned before Mr. Racy, and Commissioner Wiimiett, who was also local Suporiuteiidcnt of Indian Aifairs — was fined in the costs, and directed to make arrange- ments with the parties for the timber, and not to take any more oil" under his license, as they had pii'-omption right; these parties were settled on tliu TuKcaroia tract, and the Commissioner, and loi-al Sui)eiiiitundcMt, was one of the Magis^ tratod on tlie case. Can anytliing be more clear than tliin, that the otliccrs of the Department understood tliese lands were to be sold, and en- couracji'il tht-ir Hcttlemcnt? ' 1 have iiow, Sir, given a correct history of what led to a general surrender of these lands, and although it was arranged, that a portion would bo sot apart for the Indians. A cession of the whole w is obtained to place it out of their l»o\vei' to dir'iioc'SL'f.s tlie while settlors, under tho piovisiuu of the 2iid Vic, e. 15. I Imve given the .sunv'iHki it.)ol(, and duciiuiuiits from tho ('rowii lauds, and the liulian Department, wUU 24 an extract from a memorial of 8V chiefs, and head men of tlio tribes ; all tending to shew that the Townships of Seneca, Oneida, Onondago and Tuscarora, were surrendered, surveyed, inspec- ted and appraised for sale, and not "for the double purpose of satisfactorily settling the In- dians, and facilitating the sale of the Townships of Cayuga, Brantford and Dunn," as is averred by tho Chief Superinteudent ; and that consequent- ly all tho proceedings based on the latter errone- ous assumption, by the Indian Department, have been as unwarrantable as they havo been cruel. I have tho honor to be, Sir, your very ob'dt Servant, , . JAMES LITTLE, I Ono of tho Memorialiats. ./ .'.-i. r-.;';';^' ADDENDA i t ■'/ From Samuel P. JarviSy Esq. ToHONTo, 31st Oct^ 184G. **Dear Sir, I am just in receipt of your note of yes- terday's date, on the subject of tlie Eject- ment Suits instituted against the settlers on on Indian lands, the Grand River. It ap- pears to me that I can be of no use, person- ally, to the settlers, unless they compel the Commissioners to produce certain docu- ments, to show that tho Government nor the Indians ever contemplated removing them indiscriminately; and to do this you sliould notify the Commissionoi- to produce the following docimients," — (most of which havo been previously referred to.) Mr. Jarvis concludes, " Without the doc- uments above referred to, any evidence I could give would be unimportant." "All tho documents wore i^rodnceil," says Col. Bruce, — but this is denied by the Assistant Superintend't General, as follows: . ^: Civil SpicuETAuv'a Oi''fk;k, \ • Indian Depautment, , ' . Nov. IGth, 1810. " Sir,— J am (lirecied l>v (lio Governoi' Cu]t| Tension bein^' laid iijxJ Mr. Jarsi^', whose evidence in their absvucoj wa:', of couiw, '■'■ nnimi)orUtiU^^ I i\