IMAGE EVALUATION TEST TARGET (MT-S) v 1.0 I.I 11.25 lAaiZS |2.5 lU US 1^ 2.0 IIIIIM ^1^ Photographic Sciences Corporation 33 WIST MAIN STRKT WEBSTIR.N.Y. 14580 (716)872-4503 ,P°H^H ^■shi^^^H of two years iifter the exeeu- from Cattish Creek, in what 10, upward: iicteiidin ^\ hat is now the (,'oiiniy of Kent Situate — was ceded to tiie Crown liy Fity lor whicli appears, liy the terms of ^leKee, Ksqiiire, who was the father 'the others of the said three old registry f Avliieh lliiit last mentioned is one, appear *of the then Western Distiiet of Upper ney still remain; whereas, that of the said / l^bO William Mont'oilon uppcars to huve remained in liis liniub up to tlie time of iiifi death, iiml to liavf liccn subsequently in the keeping of his descendants until n very few years since, wIiimi it vvns uciiuired by ilic said Cliarlcs I,abiidie, and by him handeil over to till, said John Stuart, as mentioned in the said allidavils, annexed thereto. That a Iriie copy of the said Deed of Cession, as extracted fiom one of the said other two ii'ijistry books, is annexed to, and forms a pari of th(! said affidavit of the said John Siuarl. 5. That none of the islands, lying oil' the coast so ceded, and of which the island in question is one, are included in iht; said Deed of Cession ; neither have the Indians, either before, or siin'i? the ilato of the said Deed, ever pretended cither to cede the said last mentioned island to the Crown, to demand possession thereof, or to claim any right thereto. 6. That the iiands of Indians, who so owned and occupied the said island, and whose Chiefs ami Sachems cxecuteil the said Lcjise thereof, to the said Thomas McKee, have become exiiiicl. 7. That the . lid William McCorrniek, so early as the year 1815, removed to the said island, as will appear by reference to the afiidavit of Michael Fox, (accompanying this Memorial, and marked (C,) ) occupying the sanii-, as the tenant of the said Alexander McKee, the younger, up to the year l«.'3, when he, the said Alexander McKee, by Deed of Bargain and Sale, duly registereil in the Itegisiry Office of the County of Essex, conveyed to him, the said William McCormick, the whole of the said island, for a valuable consideration, (a certified copy of tlie Memorial, of which said Deed us regis- tered, accompanies this Memorial, and is marked " D,") and, from which latter period, he, the said William McCormick, occupied the same ns his own property, improving and building upon it, by himself and his teu.inis, up to the time of his death, the 18:h day of February, 1840, bringing up and establishing thereon a numerous family of eight sons and three daugl'.ters, to whom he devisejl the same equally by his Will, and all of whom, with the exception of those since deceased, have continued to reside upon and improve the same up to this time. 8. That thi! said William McCormick, by his last Will and Testament, *"...ring date the ^Olh July, I83i), also duly registered in the Kegistry Office of the said County of Essex — after leaving to his wile a Life F.state in the " Home Farm," and two hundred acres of woodland adjoining it for her own support ; charging three other farms, specified, with the support and education of the younger branches of his family, during their minority; and leaving his sister Elizabeth a life inieresi in the " Butler Farm," — devised to each of his eleven .«ons anil daughters, a certain farm, (paiiicularly designated) pro- viiling that each and every of the ten, of the said eleven, farms thus specifically devised, should be made up to the complement of three hundred acres of tillable land. And the said William McCormick further — after providing that one hundred acres of land, on the island, not otherwise disposed of, should be reserved for the support of u school on the said island, and that a certain place should be murked out for a village plot, a church and a school-house — devised the residue of the island, the saw-mill, with two acres around it, with all stone, cedar, timber, village plot, church and school lot, and himting and fishing privileges, equally among hiA said eleven children. That the said William McCormick, by his as executrix and executors thereof, his said David and William, of whom only the said Mai William arc now surviving ; a certified copy of registered, accompanies this MeiuorinI, and is ma 9. That after the death of the said William^ said Will, considering it advisable that the said isl farms, so sp'cifically devised to them respectively, to the employment of a Provincial Surveyor for that Salter was, accordingly, employed therefor, and who,_ of the island, and whose original field notes and e pany this Memorial, and are marked respectively " F 10. That the said Alexander McCormick, who, as the other devisees to act as their agent, for the manage undivided portion of the said island, inducod specifically devised by the said Wdl, in such interests, and not in accordance with the t none of the other devisees^ ever assented, e Testament, appointed, d sons, Alexander, John, and the said David and )f the said Will, as duly the devisees, under his be surveyed, and the nd d( fined, consented the la-e Philobeth D. 847, made a survey " such survey, accom- d been allowed by r interests in the t off the farms, so is own individual which survey irtion of the said li Island known as " Middle Island," llu- division iliercol' being in MtricI ticcordanee with the terms of the said Will, and also, ms truly determining tlic area of the said island and iis marshes respectively. 11. That the Haiil Island of" Point-au-Pelee," lhoiij»li found, liy the said survey, to cover nn area of eleven thousand six Inmdred and forty-nine aen^s, one rood and fimr poles, contains upwards of live thousand four hundred acres of iTiarsli, which is iinavaiU able at all limes and, in fonscqu('n(!o of its low hjvcl, utterly irreelaimahle ; that upwards of two thousand acres of that portion, which is not such irreclaimable niaisli, can never be mtidc available as lillai)le lan(l, it being always ovcrlloweii at anything I ke a high stage of water ; and I'urlher, there an; at least five Inmdred acres of the remaining four thousand three hundred acres on bed-rock — slightly covered with soil — which is also unfit for purposes of tillages ; there, thus, being less than four thousand acres of the whole area ol the Island, available, at all times, as arable land. 12. That, in the year 1859, some of Your Excellency's Memorialists, being anxious to raise money, some by way of mortgage on, and others by sale of portion* of, their res- pective interests in the said island, and having failed in such attempts in eonseqnenc^ the indisposition, on the part of the parties with whom they had negotiated purpose, to purchase or make advances on real estate, for which no Patent had i1 consulted their then legal adviser, John Prince, Ksquire, a* to the best nmde of pro^ the confirmation of their titles by the Government ; that the said John Prince ther suggested that the Government hould be requested to bring an amicable suit al one or more of them, in respect of their possession of the said island, he, the said Jolm Prince, advising them, that upon judgment being r«mdered in their favor, (as he was confident it nuist be,) the Government would at once issue the necessary Patents to them, confirming their titles ; that Your ICxcellency's Memorialists, reposing full confidence in the legal knowledge and ability of the said John Prince, were induced to assent to such his suggestion. That, accordingly, at the express instance and request of the legal adviser of the said devisees, the Toronto agent of Her Majesty's Attorney General lor Upper Canada, filed, in the Court of Queen's iieneh, an Information lor Intrusion, on the said island, against Mary McCormick and William McCormick, two of Your Excellency's Memorialists ; which action resulted in a judgment, rendered in Easter Term of 1859, in favor of the Crown, and on which said judgment no further action has been taken, by or on behalf of the Crown, than the collection of its costs therein, from the defendants, under a Writ of Execution ; that the said information, having been so filed, a special case was agreed upon, by the Counsel on both sides, for submission (or the judgment of the Court ; that in the statement of such spec'al ease, not only weri* some material facts erroneously stated, but a particular one, which, as Your Memorialists are advised, was most material and important to the defendants' ease — as in fact, constituting the basis and ground-work of the McKee-MeCormiek title to the said island — was wholly omitted and ignored, namely : the (!xislf:nce of the Registry of the said Lease from the Indians, and that the holding, as well by the sai-('(i, Dcioif in; iiaii irrn so n-iaini'd, lo iiiuho an allfiiipl to >cl aside tlie >:\'h\ jn(l!,'nii'iil, on the ^touikI of tlie »-ase liaviii^ befn (lefectivelv jireseliled lo the Court, il indeed any such alli'nipl could have been nuide, at anv time, with any c'iiaiiee ol" suece.«x, die >aid Jlld^n)etlt lluvill^ been j^iven on ii speciiil case ol' facts agreed to hy dieir own counsi I. Tliai, when llie said special case wa- so a^'reed upon, the said .Jolin I'rintu' was well aware ol'tho several I'aels I'ollowint,' : 1st. 'I'lia' the said Lease had cxisied ; iJnd. Tliat il had ix'en rej^islered in tip' manner wliicli was the lawful, aixl otdy possible, one at that early ilay ; .Jrd. Thai i\eai.ct! ol the said registry ixisied in his inuncdialo neiphliourhood at the lime of the stalini,' of till' said case; and, lih. That Vour Kxeel- leiicy's Mcmoiialisis claimed the said Inland under a peaeeaMe and undisputed posses- sion, held under the said Lease, for a period of seventy-two years, with the knowled^^o of ilie (u)vernmenl, and not by any Uieans, as •' sijualiers," under a possession taken, in the lirsi instance, by a mere intruder " not asserting title." • 14. Thai Vour Mcmorialisl-i, after liavini,' been so furnished with the report of the .'^aid ease, called the attention of the said .lolin Stuart lo the said isnporlanl defect in the stating of the said spi-eial ease, and the existence, soniewiiere in llie township of Sandwich, of the said Notarial Ref»islry IJook, containiMj» the Kej^istry of the said Lease, where- upon the said .lolin Stuart adviM'd the irniiiediale Iraeint; up an. That die said Thoiiia-' MeKrc, and those deriving their title imder him, have enjoyed peaceable and luiinlenup'nl possi s>ion ol the said island, uiupicstioned by the said losors and their suecosms, and wiiluuil coiuplaint of the said Lease having been unduly obtained, from iIk' said Isi day of .May, I'n^t, lo the present time — a perKnl of upwards , niid benelii : that the said linUans, also, in inany instances, gave, in some cases by deed, and, in others, by long lease, (known as lirant Deeds and Leases,) portions of the said ii-rritory to i;n iiih>rs of the ludiaii Department, and others of their friends, which Deeds and Leases (having been given freely and voluntarily) were recognized by the Cioverntuent, and sub.seipiently conlirmed by Patents to such grantees and lessees, and others claiming under them respectively ; that Your Excellency's Memorialists would tnention, as one instance of the many of such eases, that of one William Dockslader, whose tith? to fourteen hundred acres, the Government confirmed, by issuing Patents to his several assignees and representatives for their respective proportions. 2nd. That many parties, holding such Deeds and Leases, i unconfirmed by Patents, having turned traitors during the w-.r of 1812, the Governmii.t look the neces- sary steps to confiscate their titles, thereby, as Your MemoriaTsts are advised, fully recognizing the Brant titles in another mode. Your Excellency's Memorialists beg leave to s'lbinit the accompanying opinion, on their case, by the Honorable Henry .lohn Boulton, an eminent counsel, upon whose reports, when occuping the position of Attorney General for Upper Canada, Letters Patent were issued for the confirmation of many Indian titles, held under Brant Deeds and leases, of lands on the Grand River; and who, also, conducted the proceedings for the connscating of lands, helil under such Deeds and Leases, then unconlirnied by Patents, as the property of traitors during the late war with the United States of America ; the said opinion is marked " O." ID. Your Excellency's Memorialists further submit, that according to the best infor- mation they have been enabled to obtain, the said Thomas McKee, the said lessee, and his son, Alexander, were men of infiucnee among the Indians of Point-au-Pelee Island and its neighbourhood, being half breeds and chiefs, ns well as olficcrs of the Indian Department, and were fully as much entitled to the aflectionate regard of those Indians as was Colonel Brant to that of the Six Nations of Indians. In this connection, Your Excellency's Memorialists beg to call your attention to the accompanying copy of a letter, addressed by the late Major General Sir Isaac Brock, to the late Colonel Proctor, as extracted from the life and correspondence of the former, edited by Ferdinand 0. Tuppor, Esquire ; which said extract is marked " P." JO. Ttiiit MiiH'f ilic tli'iilli r, nimiiirrii', on July .M, lM(il, IciiviiiK ii Will, l.y wliicli i«li« (ii'vir^cd licr c^laif lo her rxt'cuioi*, I'lrcyruic Mc'Coniiick iiiid Arlliiir McCoriiiit'k, iinil to liiT cxrciiiiix, Mli/.iilii'ili McCoiiuiik, i:i liu>i lo pay odCiTluiii li-),':iiii ^', mid to divido till' irxiduc innoii^'^t liri° r< iind ni^irrH, iind dircriintf ii nliaro fi|iial lo that of t'iuli of lirr Mirviviiig l)rollifi>* lo he liiMdi'd amongst lln' tliildifii o( lirr brollior John. Jl. Tliai all till' siirviviiii; divi^ccN hi ilii- Will of th«» unid iati- Willintn Miirormick, and ihfir raiiiili<'>, »n wtdl as iliai of the snid laic John McCoriuifk, conliniii- lo (K'ciipy the said Island, and :dl join in iliis Mcu'Driai That tlif only parties, having an interest in the island, who do not join in presenlinir this Memorial, are ihe children of the Into .Alexander McC^ormicJ; ; he, liaviiif^ in his iilciinic,sei up pieicrilioiis to a lar/^cr KJiare of the island than the other lueiiilier* ol the family were willini,' to admit, or than he was l>y law cniilled to, claiiuin:,' the whole o| IMiarles' tthan' us dev(dvini( lo himself ; llu! ^hildr i)W livinj;, Uoland Alexander MeCorin ck and Aifties l.caiisa l\lcC'«)rmi(;k, hein;,' minors, and uinlei the tiitelaye of iheir mother, Mary Hurwell McC^ormick, now rc!tidini{ in the t'ouiily of Klijiu. ii2. That prwecdin^'s have been taken, nnd urc now |M•ndin^ in Ilcr Majculy'n Court of ("lianccry, 111 'I'oronto, for II |)arlition of the inlcrcsis of the sevenil parties, y, to have ilicir i(>prcii\c inicresiH or poilioiis iissigncd and net oil' to th ititlcd n anv wa cm in severa i>y- iii. That, impii'ssed as \iiiir ^fcmorlalisI•; an-, with the rightfulness and jiixliec o if their claim to the said island, th I' sevsion thereof hy ihcm and iliosc iiniler whom they hold, liavini; liccii held for so lout; a period, undistiirhed and un(|neslioned liy the Indians, who were the original |)osscs«(irs, as well as l>y llieir dcscendunts, the Indians ever respecting' the Lease llicy had so pa«sed, as well liy not ollcrin^ lo cede ordit>|io«e of the s.iid island hy treaties, sulisc(picnlly made with the (iovcrniiient, or otherwise, an hy rcco;;ni/iiiL( the rii;hts of tliose claiming; under the sai;ly loyal to the Mritish Govcrnmenl, nnd ever true lo its interests. Your Memorialists feel that they can a[)|)eal with confidence Ir. the guardianship and protection of the Kcpresenlativ*- of their Sovereign, Your Kxcelleney's Memorialists therefore humbly pray that Your Kxccllency will be pleased to take their case into your attentive and favourable consideration, and cause an Order in Councril to be paie> nf the clauart lureuntlrr cwrrapoml with tltoM if the Memnriul, IM. Mny I, niM. Thf Chii-fs nml SiicIiciiin of tin- Hiirids of the Otlnwa nnd Cliippewii Trilx's of Indiiiiis, iticii (iwniriL,' mill iiiliiiliitiiii^ llic Islaiul of I'oint-iiii-Pelt'c, Ipiihi" it, for ()!)!( yciirn, to 'I'Ikuiiiis McKii-. (wlm wiis ii liiilf-liicnl aiul a cliief,) IiIh lioirs nnd U!«:4iKiis. Leant- witiii'Hicd hy ilii' luic |''raii<,(|iiiro, wlio n-prcHenifd the Coiiniy of Kmm'x in tiuverul l'urliaint> niM. for cojiy of Li.-asu, nl'i; SynupsiH of Kxliibitx (A.) 2nd. 'riioiiia^< McKci', on Kxccutioii of I.,cum', ^ocs iiiio possi'si^ioii, and rotiiins it until Ilia dcatli, iiitcxtntc, in March, IHIo, wiicii his only Non, Aicxunder, inlieritit. 3rd. The Lca.Mc, after hnvin;^ bucn duly I'nrolh'd, l>y Wiiliani Moiiforton, as a Notary of th»' I'roviniT of l^ucbec, i.i |)sis of Exhibits (B). 5th. The Islands lying otf the coa^l, so ceded, not included in Deed of Cession ; for copy uf Deed of Cession, see aliidavit of J. Stuart. Synop.sis of Exhibits (B). 6th. The Batuls of Indians, in whose helrdf tlie Lease was executed, have become extinct. 7th. In 1815, William MeCormiek, senior, settled on the Island, as the tenant of Alexander MeKee. See aliidavit of Aliehael Fo\, Synopsis of Exhibits (C) and Mrs. Askin. Synopsis of Exhibits (L). He continued thereon as tenant nniil 1823, when he aciinired, from Mr. McKee, a conveyance in fe(! of the wlioU- Island. For certified copy of Memorial theo'of, registered, setf Sync»psis of Exhil)its (D). Mr. McCormick continues to occupy and improve the Island until his death, on Itith February, \*8'10. 8th. Directs, by Will, an e(|iud division of the Island among the eleven children, with certain provism-s and reservations. See Synopsis of Exhibits (E). 9th. In 181", the Devisees piocurc the Island to be surveyed by P. D. Salter, P. L. S. For his field notes and arable land. / I.MIi In IH'dl, « . 11 • 111' ill- .M.Cuniiii !, Iu.h'iIv, I'miliii^ caiiiliiliMM, with wliinii lliry |,.i.| I ri II. K iiiiiiiii)^ lor liiiii-.iiiil_v tirtluir liiiiTr".)-. In iln- isiiunl, iinwilliim 1.1 iinlii' I'lv.ini'i'x nil |ir.i|MMly, liir wliirli "im I'.ili'nl li id rvi-r i««ii('(l, iiri- iiidiiiTd, liy tlii'ir I'liiiii'i I, lo iillnw liiiii III |iiiiriiri' Mil Miiiii'uMi' iictiiM In I"' |pri)iii,'lil injiiiiinl llirm iit till' ?.iiii i>r nir Crow II, ill r.''«|iii III' iln'ir ixi'.x'x.idn nl' I'lc l-l md, in iIh' Ii(»|ii' ilmi n iiid;^ii|illt lliiTiMll in illi'ir I'livxr (;iiii| .ix In lli''ir "lit linin,' w iiiili, lliry wen- led liy lln'ir iMillll-fl M Iti'lifVi' llwit 111) ilcilllll fXi-'li'd.) Illll-l l«"'llll ill till- (ioMlllllifllt fiinKiiiliin; ut once lo i«-' V'Mr iH.'ilt, |iidi,'Micni ii«, m llir uri':ii di>-iiny nf llir M.'iiinriiiliKN, n'tidtrrd ii^aiiiHt ilic diicn lii:il'< ; llic iiMxin lor !«ii('li jiid^iiiiiii, |iroviiii{ in In' iliiit, in llir Htlllill^ nl'liic f*|ici l;d cii-i', wliifli w ;if ii«li'rd ii|miii hy roiill«il, I'nr lllf n|iininn nf llic ('(\lirl, llm lndi:in !,<• i»"', Mild III!' ilcji'ii hiiiN liojijiiii; imdiT ii, wrv wlinlly innnrfd, (llii-ir coiiiiwid tliii-t d('|)riidiiii,' iipiin llif Iniit; |)o««c««ioM, ii* liMiriiii; iln' ('rnwn'-" rntanif liy u mere " intrildiT nnl ii>M'rtiii;,' lillr " GxtriK-tx licK' Inllnw I'roiii ilic induiiK'iit of tlir lute Sir John Hcvcrly Rnliininn, Miirnni't, iMvoriilili', in iiiiiiiy jioiiiw, to iln- .Mr('nriiiirl« lull', I' veil ii|)nn till' crronciiUHly und di'l't'i'tivcly -liili'd riiHr' lii'Inii' liiiii l.'Stli. Tlir .Mc(.'niiiii('k> kept in i;;nnrall<'i' nf llir u'rniinds nil which tin- jild^iiK'Ht liiid lii'i'i) ii'iidcrrd iidviT'Tiy, iiiilil Inn lute to iiriki' all iillt'iiipt to prnciirc it» reversal ad'ordiiii; lo tin- pr.u'liii' of ilii- Court ; they had, In thr lir^l in^tanci', iidvincd thi'ir (■i)iin'<(d of the lad oftliu i-xiKtrnec of tlif \nlarial Ui'i.'i>iry Honk, coniaitiin^ the cnrnN incut (if till' Indian l,i'a>c, under which ilicy held. Mill, (iiviiii; lip all linpi' of ^cllini; from their coiiii.scl the rcipiircil infnrinatinn, iih to the i,'romid-i (if till' iidvi-r-c jiidtjiiieni, they I iii|)lny new cniinsel, and whn, after procuring from the reporter of the Ccnirt, a written copy of the jiidLfiiicnt, (liefore llic pulili(;atinn of the printed re|iori in tlie ii-iial eniirx',) i;ave tlieiii the information ; they, llicrciipnn, inform him of the cMsii'iice nf the Noiarial |{eui'>lry Honk in ipicstinii, (rontninin^ the liuiiaii I ease, wlnreiipdii he aih irti'M their ioHiiij^ n.i tunc in trucing up and gt'tling po!«ses»iun of it, wliieh is done accorclinyly. loili. 'riic Nland held, under the Leaxe, from Mny I. IISS, until llip prrorni limr, iini|iiestinned and without coiuplaint, fmm |^•^s(M> nr their siieccsMirw, ilcpoxilinnN of several of the most resprciahle and ai;ed people ni the ncii;lili<)iirli(Nid shew this, (Synopsis of K.sliiliits (II) to (L) ) lintli inclusive ; and de|)osiiion of Frederick Kishnr, an iiiteliitj;ent Indian, lamed lor his intc^jrity, (Synopsis of K.xhihjts (M). ) IGili. The (invcriuncnt had kiinwledye nf the claim to the Island on thf part of the McKees and MeCnrmieks Irniii the first. I7tli. The iicipiirini;, fmni the Indians, on |st Miy, 11H», of ih** Lcnsr, by McKrc, (even il he had imi been a halt-lireiil, as he in fad Wiis,) cnnicnded not to havf U'cn in enntr.iveiilinn of any tlieii exisiiiii; law, eiilier Impeiial or I'roviiicial, (all the Acls and Proelamalinn^ ever passid and issiii'd ' Indian^ ni the West, deservedly I'lpial to that of t'olonel Hranl with the Six Nations, as accnuiiiing for the giving of the Leui>e, and its always haviiii; been respected, vid. extraet from the life of Major General Sir Isaac Brock ; Synopsis of Exhibits (F'). 20th. Since ihe death of William MeC'orinick, senior, four of his devisees have died ; three of them intestate and the fourth leaving a Will. 21st. i^ll the surviving deviseeK, and their families, as also that of the late John McCormick, continue to reside on the Island, and all nf them join in the Memorial ; the only parlies having an interest in the Will, and not joining in it, being the children of the late Alexander McCormick, who, in his lifetime, claimed more of the Inland than the other members of the family considered him entitled to. Siml. Profpfdinxn have boon iimtilutcd in Chanoory, for a partition of thn intoreili, of till' Ncvcral pnrtioH inlcrnNti'il, to bn Hi*t utl'to thrrn in iii-vcriiity. 83rcl. OrniindN for n rtrnKonablu contiduration, by IliH Kxceilnncy in Council, uf the prayer of thi^ Mi'iiiorlnl, utatiid. ailli. Tin- prnviT of llic Mi'inorial in, tlint llie Oovorntnrnt will, firittlv — waive the jiidKiiM'nl oltiitini'il under thu vitv iioiuliiir ciminiMtunccH set forili in the Memorial ; and, Nfcondly — lliiit tlify will conlirrn, by I'litonln, tlm lenun* of all thoiie tu whom, ri>M|H-i;tivuly, xliiircH, or porlionit of NJiiircs, in the litlund inuy be uimigned, in suvcrulty, by lilt' Muit for puriilion now so pending. SYNiirsiS OF EXIIIIUTS Acc'ompnyiiiiiK tlie Meiiiori:il of the McCurmick liimily for Patents of Ouiillrnmtioii of tlu'ir Titlu to Point-uii-Puli'e Island. (N. B. — TIte numl>er» ofdamet art tho$e, rttpectiveltf, of the Memorial.) the Exhibit (A.) Cliiiiiio No. I. — Cojiy of Indian l,<'U!»e to Tliomim McKf«, dated lut May, 17''8, of Ixland, fur it Irrrn of 1)9!) y<'ari«, (rciu'Wiiblf,) for ii yearly rent of three b\u'..< in of corn, or itit vuliie if (iriiiunded — (ii Iriic copy of Lcn^e follows this Synopais). Claiim'8 NoH. 1 and 5. EXHIIIIT (B.) The iiliidiivit of Jolin Stuart, otatcs That there are in ilie Uf^iwlry Ollicc of the County of Ks!«e.\, two t)ld IlegiHtry Books purpo^lill^ lo have Ix.-eii coiiuucnccd in Detroit on or about tiie IGth day of April, 1768, by one I*. Deieun, rtlyiin^ liiiiiM'lf" Notaire Royal," and lo have been finislied on or about the •i\iit Moi/, IN(M), at Samlwieli, by William Koe, styling himself " Deputy I'rovineial llegister, W'estt^rn Uislrittl, IJ. C." That there \» entered in the Hceond, of the said two iiooks, a memorandum, of which thvus brought up from thence by William Dummer Powell, E8i|., first Judge of His " Maj( sty's Court ol Common Pleas for the District o( Hesse, and al'lei wards deposited " in my Oflice, in the year I79U, in the month of May — and it is lunv continued ; " During the inhrval the Records of the Di»tricl ipere in the hands of William " MoMroRTON, who acted as Notari) Public, to which reference must be had. " (SigMfidl,) T. SMITH, C. C. Pleas. District of Hesse. "' "24th of May, 1790." That the said Ji|>iin Stuart, having been retained by the McCormick family, to look niter their interests with respect to Poinl-au-Pelee Island, after the rendering of the judgment against them, in favor of llie Crown, and having learned that u Register Book uf iIk- above named William Monforton, containing the enrollment of the Indian Lease of the Island lo Thomas McKee, Esquire, was in the hands of his descendants in the Town.-ihip of Sandwich, caused the said book to be traced and discovered, and which book is now in his hands, and which contains the enrollment of the said Lease, a copy of which enrollment is annexed lo the said alUdavit, and which said book is fully identified, as that referred to in the 'liovc memorandum of Thomas Smith, by the affidavits of William Monforton and Charles Lubadie, annexed lo the said bixik, and of Clmrles Hnby, Esquire, Barrister and Attorney, and Clerk of the Peace nf the said County of Essex ; that the said book contains five hundred and forty pages, (as num- bered.j and appears to cover the period between the 10th day of May, 1786, and the 23rd day ot September, 1792 ; 10 That the .second oft lie said ilegistrv Huolis deposited in the Uei,'isler Olllce of Essex eontains liie eniollinent of 'he 'Deed of Cession from the Indians, of die <-iiast, opposi'te a portion of which tiie said Island is siliiale, (a true eopy of wliieli sailand, (as bavin;,' ncir its head a small " run " at wliieli commences a description of one of the reservations in the Dieil ; and the " I'etite Isle au Dinde," as having above it- head " i' •• beginning of the Fieiich setllemenl," to which the said reservation extends.) K.MIIltlT '().) Clause 7. — Aflidavil of Midi I Ko\, of .\inheistbiirg, K>(|iiire, made 9lli May, 1859, states— That he was, then, in the eightieth year of his age ; that In- resided in the Town- ship of (ioslielil, immediately oppo-ile the Island of l'oiiil-aii-l'larid ; anfl also that 'he said .lolin .\skin was, for some yeais, in pos>ession thereof, under a Lease Irom Thomas McKee, and that he, during that time, kept a large ((uanlity of stock on it, and as early as the year IWUt or ISO,) ; That he recollects the circumstance of two jiersons named Justus .Mien and Robert Little, respectively, occupying portions of the Island as tenants under John Askin ; That he is aware that shortly after tin- declaration of llie peace of 1815, William MeCormi(!k removed to the Island, and, alter having occii|)ied the same for some years, as the tenant of .Mexander McKec, (tli:' s;)ti of Tliomas,) purchased ii bom him ; and that, although he resided within fourteen miles of the Island, and visited it occasionally for a period of about forty-five years, he never heard of any com|)laiiils lia\ iiii,' been made on the part of t; (; Inilians of the octaipatioii of the Islanil by the suiti .MeKecs, John Askin or William McCormick, or any person holding under either of them. ExiiiiiiT (D.) CIari.se 7. — Certified copy r.f Registry of Memorial of Deed from McKce to McCormick, of the Island— dated 5th Septeiliber, I8.J3. Exhibit (K.) Clause 8. — Certified copy of the Registry of Memorial of Will of Wm. McCormick, dated 30ih July, 1839 ; whcrebv he devi.sed— Isf. To Mary, his wife, a life interest in the flomeslead farm, and in two liundred acres of wowl-land adjoining ; and al.so devised to hi'r the rents and profits of three other farms, specified, for the sujiport and education of the younger branches of his family during their minority ; m 11 3(1(1. lie (It-vised to (M(^Ii of liis ^oti^i, Alexander, John, David and William, a farm, p.'irticiilarly s|»ccificd ; .'Jrd. To Ills diUij^liti'v Liicinda, and his sons Charles and Peroprine, (all of whom wrri^ then under !iji;e,) each one of the farin-i, tin; rents and profits of which were to be applied towards the r support and education during their minority ; 4lli. To his daughters Mary and Sarah Ann, he devised the tract known as " Middle Island," whieli is within the said Island of I'oint au-I'elee ; Sill. To his son Arthur he devised the " Home Farm" nt his mother's death. (I he \vi:l foiitains a proviso that each of the said eleven portions devised in fee slii>uld l)e made eipial to :i()0 aert.'s of tillahle land.) (Illi. To his sister, Klizabeili, he devises the " Untler Farm " and " Conklin Farm," or the retils ami profits therefrom during her natural life. Iih. Ill- devised the profits of all stone, eedu timber, villagt^ plot, church and school lot, ;nd hiuit-ngaiid fishing privilegis, to be equally divided among his above named chi'dren. 8tli. lie devises one hun Ired acres of land, on the Island, not otherwise disposed of, ilie rents ;in of \Vm. Klliott, Ks(i., made, respectively, 27th February, and 17tli July, laGl), state, atuongsi other things : That 111- was at thai lime, in the eighty-fifth year of hih age , that he cami' into the township of Sandwich in \H02; tliat he was admilted to the bar, and as im attorney of the courts of Upper Canada, in |H()3 ; and that he represented the coimty of Esse,\ in Parliament. That he was intimately ae()uainted with Thom.;:;i McKee, from a period shortly after his arrival in Sandwich, as well as with his son Alexander, and with Williairi McCor- luieli ; that he knows that Tlioinas MeKee held a 9Jt!) year's Lease from the Indiims of Point Pclee Island ; that he has seen it in his hands, and read it, and never entertained any doubts of its genuineness ami authenticity. That, after the l„te war with the United States, Thomas McKee told him that the lease had been taken from him by the i-nemy, with his baggage, on the occasion of the retreat of the IJritish forces alter the buttle of the Thames. That he was well ac(piainled with William Monforton, the elder, who was a Notary Public, and who, a> such, kept a Notarial Registry untler the French Ilegime. That, many years after his death, he saw this Registry Rook in the hands of some of his descendants, of the same name, in the townsliip of Sandwich ; That he had lately seen the identical Registry Book in the hands of John Stuart (then) of Windsor, in the said county of Essex, Kscpiire, and that for the better identifying it as the Registry Hook referred to, he had written his name on its first and last pages. Thai he is aware that Alexander McKee inherited the interest of his father (Thomas) in the Island, and that he, in or about the year 1823, conveyed his interest therein to William McCormick ; That he never heard of any complaints having been mtideon the part of the Indians, of the Lease having been obtained by Thomas McKee in an improjier manner, or of the possession of the Island having been held thereunder by him, or any of those holding imder him, and that he was in the way of hearing of such complaints had they been made ; That he is aware that the late John Askiu, Esq., of Amherstburg, held the Island for a 12 term of years under Thomas McKeo, nnil that he siih-let portions of it ; That ho is nwiirc that cedar pickets and other liiiibrr were cut on tiie Ishmd, during tlie last war witii the United, for tiie use of the fortifications at Fort MaicU'n, and tlial Thomas McKee was paid the value of 8uch timber as standing. That having been, in the year 1833, ap|)ointed one of a Hoard of Commissioners to pnperinl(>n(l the t-rection of the lighl-iiouse on the said Islaiid, and knowing the nature of the claim of William MeCormirk thereto, he, as the senior of the Boarjl, applied to the said William MeCormick for the necessary land for the purposes of the light-house ; and that the said William MeCormiek having eonsenled to give it, they proceeded to stake out what was considered to be suflieient, with the understanding that the said William ■ MeCormick was to execute a deed of cession thereof to the Crown, after a proper survey and description thereof should be made ; That he is aware that the two old Registry Hooks, before mentioned as being de|»o- nited in the Registry Ofliee of the county of Essex, were ihi-re so early as the year 1805, and that one of them contained the enrollment of ilie deed of cession, from the Indians to the Crown, of the territory extending from Catfish creek to the Chenail Kcnrte. Exhibit (I.) Clause 16.— The affidavit of William Dufl", Esquire, of Amherstburg, made 3th March, 1860, states — That he was then in the sevi-nty-ninth year of his age : — That he was well aecpniintcd ' with Thomas McKee and his son Alexander, a^i also with William MeCormick ; That he was aware that the late Joliu A«'kin, Esipiire. who belonged to the Indian Department, occupied the Island of Point ;ni-Pi'l(>e, for niiiny years, and as early as the year 1804, under Thomas McKee, who, he then undcrstool, held the Island under a long Lease from the Indians, obtained many years previously : ihni, as long as he could recollect, Thomas McKee, and those hohling under liiiii, enjoycil nninlerrupled and peaceable possession of the Island U|) to the time of the making of his aflidavil, s<» far as the Indians were concerned ; and also so far as the (iovcrnnic'ii w(!re concerned, until within the last two years. That he has, ever since the year 1804, resided within al«)ut 30 miles of the said Island and been in the way of seeing the Indians in passing and re-j)assing ; and that he has never heard of any complaints having been made by them of the said Lease having been olilained in an iinproper manner, or of the occu|>ation of tin' Island lliere- undiT, and that he thinks that, had any such comj)lainls been made, he must liave heard them. ExmiHT (K.) Clause IC. — The aflidavit of Robert Reynolds, Ks(inirc, of Maiden, (of the same age as Mr. Dull',) made on same 5th March, is preei^ely similar to the affidavit of Mr. Dull, cxccpliiig that he states that his knowledge wiiii respect to the Island extends back to 1807, instead of 1804. EXHIUIT (L.) riause IG. — The aflidavit of Madelaine Askin, of Amherstburg, made 29th Novem- ber, 1859, slates— Tliat she is the widow of the late John Askin, Esquire, who belonged to the Indian Department for many years ; That she was, in 1859, in the eighly-fourih year of her age : That she rceolleets the circumstance of her husband having, in the year 1801, slocked and occupied thi> Island of Point-au-Pclce for several years undi^r Thom'is McKec, who, she always understood, owned the Island, and wnom she knew very well. That evi-r since the year 1804, excepting the period from 1807 to 1817, she resided in Amherstburg — about ;)0 miles from llie said island — and thai she never heard of any comphiint having been made, by, or on the part of the Indians, of the oeeu|)uli()n thercufby the said Thomas McKee or any of those who have, from lime to time, held under him. ExHIHIT (M.) Ciau.sc 16. — The aflidavit of Frederick Fisher, made 9lh April, 18U0, bi-fore Tliotnns Hawkins, Esquire, (who certifies that he is well aecpiaintcd with liim, lliat he bears the character of an honest and upright man, that he understands the English Language well, and that he is particularly intelligent for a person in his sphere of life,) stales — ,^ That he is an Indian, us also a Chief of the Chippewa Nation and a christian; 13 Tliiit lit' bc'lievt's liiiii»elt' to be ii|)wuril ' of 50 y«Mirs of age. 'I'hat In- wiis well Hcqiminli'il with Thomas MeKce, who, he was always told by their people, had obtained tVtiiii the (yhiels and Saclieriis of the Hands, owning the Island^ of Point-au-Pelee, a long lease of it ; That he was also ae(|nainted with Alexander McKee, who inherited the Island from 'I'liomiiS, his father, as also willi William Me(^oitniel<, who, h(! understood, pur- ehased it from Alexa' '"r ; That he has , vn the island all his lite, having lived in the neighbourhood of Amhersiburgh (u tii luee of about 30 miles frpy of Brief vi-^ •■""< '•^'■^M"''* »'»' I'""''' |„Mr..|- ,nm.ih...:.i(lTlu.,„as M.K..', his rx.TUtois, a.ln.imsiraior. or assign, or an. in.Mlu-t.T.....lnim. lnuul,...ia,ulnin..|y-niM.->..ar., an.l lully lo In- com,, rt.. and en 1 "r To paicd out tlu- sai.l IslanJ int.. sndi lols or i-anvls a. he may ih.nk proper, ',nd lenanl th.' same with wl,ai>oev,.r an.l whom.o.^ver ihey p ease lo pnt thercn. Yielclin- an.l pavin" lheref.,r, yearly ami .'very year, -Inrin- the saul l.T.n, nnio th.; m.ul Chi.fs .m.l Saeh'ems ..llhe Chippewa ami Ottawa \ati..ns ih.Mr heirs a..d ns.i«ns three l,„.hels..||n.lian eo,n. .-r the valn.^ iher...!', il .lemaml.'.l, annually, U> |"'d l"r «h'; "«« of the said (•■■ -ef^ and Saeliems, their nations, heirs an.l assiijns, tor ami in lull siilislue- ti..n ami paviu.t.l o, aii manner ..livnts vv hals.,ev,.r ; ami the sai.l Chiels, lor ihevs.-lveH, their nations, heirs ..r assi-ns, .1.. her.'l.y .Mv.-nant. that th.- sai.l I homas Meke.' s helr^ ex.-em..is, administramrs .,r assi-ns may .lemis.-. grant ..r sell any part ..r pareel .,t the said Island, lor the term h.'rein speeilied. In witness wh.-ie..l, &e., at D.iroit, th.- first .lay of May, ii> th.' year, Sic , IISM. Exeeut.'.l by Seven Chi. Is and Sue:., ins, who atta. li their rolems. Signed, sealed and .h liver.-.l in prt'senc.; ol „. ,. iJAMKS Aid, AN, (Signed,) I p UAHV. APPKNDIX (N.) BHIEF (»F CASE In Ihe matter of the cliiiin of tlu- MeCorinick Family to Point-au-Pelee Isslaiul, ill Lake \'.tiv. tin; MeCormick family, setlini? forth I of the This is a petiti.m preferreil bv the inemhers ol ,,n, ..■.. v/.....i... ™ j, .=-^ ^ their title 1.) P.iint-au I'elei- Island, an 1 praying to be enabled t.> hohl the [Kirtions .if the Island belontjiiig to them respe.'ti\eiy, under tlt.-ir lather's will, in fre-siinple, and by laienis from the tr.mn, and to be br.mglit under the Muni.ipal Institutions Aet of r- #• I., P! Upper Canada. case, to elieetiiate their ri-.pi.'sts. I. — First. \s to the title .)f the M.Cormiek family to P.,inl-au-Pel.'e Isliind : — The title tif the family to the pl)ssc■s^i(ln .if the Island, n-sts iip.in an Indian leaiie for nine himdnil and ninety-nine (!)9!() years, bearing dait; 1st .May, \.l). I7>SS, and grunted byeliiefs an.l saeliems inilh, Ihe peti- tioners must be held to have acquired a right for the residue of the term cited by it. 15 Till- olijfclion wliicli is t>:i'u\ to bn tukon lo it, hy llie Deputy Superintundont of Indiiin Aduir.', Mr. Spriii,'s»c, in liii* llcpoit, i«, in ellfcl," lliiit it w.is not coinpiMcnt for 'riioiiiii!' McKfi- to tiiki- II lease Iroiii llle lililhill-<, iieeiiise, he «uvs, there w.is a I'roeln- niuii.in i ii'cl by Sir Williiun Jolirisim, on I llh ().;l iber, 17)!,}, proiiiiili,'aiin<^ the Kinf,''» j)roeliiiii;iiioii of l«i M,\y, I7(>;J, l'orl)i(iilin^' siibjecis IVoiii nuking iini-c'iaae< from Indiana in the tt'rril()rie^<, willioiii the lloyal Lieense, whieii Thoina!* MeKee haril, 1771, stat- ing that it was not allowable for siibjeet.s lo aeqiiire lands in the Detroit Territory from the Indian? ; he ar^^iiing, llierufore, that the lease in (|uesl!on is defective and void. This objection to the Lease insiy lie answered as follows: — The two proelarnations cited an-, essentially one and the same, both of them merely promulgating the lui|HTial Order in Council of (ieorge III., of 1st May, A.D. 17(J3. We shall prcxreed to i;xphiin the history, nature and intention of this order, and it will be apparent that \\w elleel of dii- Proclatnution is not that stiled by Mr. Spragge. It c«)uld not, and did not, render it incompetent for the Indians to give a Lease of a trait of their lands, nor Intn, Tlioiiias McKee — liall-l.n cd as ne was — to talte one from Iheui. And, if he could take and transmit, the tcinire of the McCormick's should be regarded as yood as are titles, for such a tenure, held by Families or Corporations, for Kstates in Knglaiid. By the Treaty r>f Paris, after the conqncM of Canada, all existing Titles lo Lands, and holdings of property were confirmed, and the Goveinment of Great Britain regarded and treated, us owners of the soil, the ditl'crcnt 'I'rilies of Indians, in the irac'.s respeci- ively (H-cupied by llieni, imt iilrcady ceded by the French tiovemmenl. In order to arrive at the true meaning o( the Order, upon which Mr. Spraggc's objection depends, it may be well to recapitulate events: — On IHth September, 1750, occurred the Capitulation of Quebec ; On 8tli May, 17C0, followed the Capitulation of Montreal ; On lOlh February, 1763, was concludel have exii'ndcd westward of a line drawn from Lake Nipissing to Lake ('haui|)lain, which wouid pass in the neighbourhood of ('ornwall. It provides for the Government of the Province> by the uppointnient of Governors, with direirtions lo summon Assemblies and ordain Laws like those of England ; It provides for Grants of Land to Millitary iind Naval Ofliccrs. And then follows the clause upon which Mr. Spragge relies, and is here copied tn exleruo, viz : And we do further ileclare it to be our Royal will and Pleasure, for the present Wesaid, to reserve under Our Sovereignty, protection and dominion, for the use of id Indians, all the Lands and Territories not included within the limits of Our d three new Governments or within the limits ol the Territory granted to the '« Bay Company. As also all ihe Lands and Teiritories lying to the westward fTsources of the rivers which fall into the Sea from the west and north-west as aforesaid." " And we do hereby strictly forbid, on pain of Our displeasure, all Our loving sub- " jects from making any purchases or settlements whatever, or taking possession of any " of the lands above reserved, without Our special leave and license for that purpose " first obtained." " And we do further strictly enjoin and require all persons whatever who have " either lawfully or inadvertently seated themselves upon any lands within the countries 16 •' iiliovc (Icscribt'd, or np.m otlicr liiiul!', wliicli, not liavinp Ii<- the Jnd:,'ment 1)V the learned laic Chief Jufi.iee Sir John Heverley iinsoti, in Rob 131 — it is evi l|„. ,.;,>e— as reported in Vol. IS, of the QiieenVs Heneh Reports, piim? lent that, had the MeConiiiek elaiin, to the hiand, lieeii made to appear to have lieen Inunded ii| the I. iroiii the Indians to Tlioiiias MeKee, a half-breed, transiniitiiii,' to his Son, and by him tran •lerred to William MeConniik. their father — the Coverniiieni never haviiii; obtained the eessii lioldins,' under a title independent and adversi nn of the Island, and the M<-Corinie!i!< f the learned Chief -thi (leelsion o .luMiet^eonld not have been otherwise than llie reverse of what it was. An«l it is evident, from the r.'Miarks of his Lordshi|>, that he I'.dt that the ease of tli.- .M<'('orinieks had not been faiilv submitted to !he Court, by the special ease acreed on for the purpose, and by lisiiirbed possession for a riL'ht to recover, tlnis, by ihieli tlieirease was iiiadi' to session and ownership of the lslan country never would, under any pre- tcnee, attem|)i to deprive ihein of holdings undisturbed for upwards of three quarters of a century. Hut, on the contrary, thai the Government would protect them in their l)ro|)erty, and confirm a to them in tlit; manner most advantageous to them. I\'. As to the ways and means by which the requests of the I'etilioners may best bt erteutuated. The members of the McCormick family, the Petitioners, are ready and willing to surrender to the Crown their Lea.sc, in order that their res|M!ctive titles under it may be confirmed by patents. And it is respcctfp'ly asked that the GovernrT'"nt will take a sur- render of the reversionary interejt of the Indians, if the bands, ulut originallti owned the Island, are still in exis:ence. And if, upon enquiry, it should iie found that those bands are extinct, th(!ii that the Gov(!rnment assume the reversionary interest, and, accepting the surrender of the Lea.se, issue patents, ill the manner prayed for in the petition, to each member of the family as entitled. 19 Till' ciirto is a pt'ciiliaronc, The trad IcsiMutl in this instance l>y Iniiiuns to a. I'avoritt^ diief, \H Hiiiiill UH coinpnrcd with other ^riinls iiiaiii' liy Indiitni^ iind >iihNe(|Ufiilly re- spcctcil and conHrnu'd, and inMlgniticanl iih conipiirt-d with the vast territorial f^raiits tnadc I' 'I Hovi'rt'ign to a I'l'W iuvorin-n, and which uri' rfMpi'clcd to this day. Ir till cunfiriniition of the title to lliit* iMland, att iixked for, u iiioxt loyiil and, in every respt'cl, ncoerviiiK liiiiiily, will hr served, and the eoiintry at lar>{e, will Ik- udvaiilaged liy their dividing iipthrir holiiingi« and inviting settlers to their inland to further ilevi-lope und improve it. APPENDIX O. (Opinion of Tho Hononiblt' Henry John Poulton) In Ee (lie McConnicic Claim to Point-Pek-e Island. F have read the Brief and Petition to the (lovernor (ieiieral, ^ent to me for my perusal and opinion, and, aliliDiii^h I see no ohjeetioii to the petition, in point of form, yet i think liotli the (ioveriiiiiint .V^'cnts, an>, fini , wiilioiii ilii- rccouniliiiii iif Ihi' fiDvcrn- -li lit nil,' iit> liilf wliiiii'wi ; mill yi't tin- (Jovorn- l' il-cir, wlirii I \v!»f AlUirni'y-CiciuTsil. ciKili^Mii'il l:iri,'i' inicN of limd held iindor iln> liiind'* ol' iilii-ns will) I'tirl'.-iiiMl tlnir f«liilfs liy Iri'usoii during Hr;iiil l,\ Now llic li'iim- i>f Ptiinl-ai -I'l'jcc Idlaiid >l.ind:*ju»t ill llii- -Mini' piwiiiDii, miuI I liiivt no (liiii loiiht ih.il. il' till' .Mi'L'oriiiicks, in>UMd nl ln-iiii,' loyal milij liji'ftis to till' Crown, had li.'I't till' I'roviiii'c and uont (orl'fiit inii III tl iii'iitf a^t a I to till' I'liitrd St..ii'n (liiriiii; tin- war, tlii- l-l.ind would have hrcn "riioiiia-* Mi'Ki"', to my l.nowlsrnird lo ili<- jcasr, would, in all jirolialiiliiy, liavi< resiMiti-il, ill some wav, tin" iiidis,'nitv olilTod lln'iii hy tin- ri'lusaj lo n'oo','iiizi' tlii-ir aot. Th.- ( lovi'innifiii, a t ail lis, ncM'r had anv ri''ht to tin' Island, as it was ni-vi-r fcdcd lo thfl'iovvii liy itif liiiiiiiii-*, iiiid it hivinj,' lui ii m ilu- po his assiijn.s, i laimlnii''lill«' lo il, lor more than wvciiiy years; I am sii ssr^sitill of ihi- |iss(«' lliu (hat >o iiiijiisiili- Mr an act, as the depriving a loyal family of iheir pairimoiiy. under ihe preleni'e llial they have fstahli^hed no /• i^n/ iiiijirr tilli to ;7, alter liviiii; upon and imptoviiijj it for between 70 and Ml years, has noi yei hceii aiteiiipted liy any (iovernmeiil dealing with the Indians at any tiiiie. 11 the Crown re»ts ItKciaim upon the prcro'j^ative rii;ht of !>ri/iiii; into itw own liandit all projieriv for whii'li no ownrr .e entitled under tliu Will of the hiii- Willitim .McCoriuii'k. I have read the judijinent of ihe liite ("hicf.lusticfof Upp'TC inada,Sir,lohn Ucverley Robinson, as reported in 18 U. C. (i- IJ. Keports, p. I.il, — Medina v. MeCormicks, — in which he eviiieiilly iniim.iles that it w;i^ in coiisetpience of the leiil facts of the case not beiiif^ before the court thsit he was consirained to give iudyiiient for the ('rown, uh ho was well iiwtire of the loni,' enjoynn'iit of the property iind'T the Itiditin Lease. Holland House, Tonmto, 5lli Am'Ust, l.'itJj. apim:ni)i.\ (P.) Extract from a Lrltrr (Hlurnined li;i Mij >r-(lriifral Ilrork t'> C'olonil Proctor. " Foit (jeorge, September 17, 1812. " Colonel K f FJIioii] is a respectable, tj:'ntlem'inl" man ; but he, by no means, posseHs the inllunce over the li;ili;,ns which Captain McK [Thomi$ .MeKce] does; I recomiiieiid to you to |iioiiiote, as iar as in you lies, a ^imkI iiiulersianding with, and between them, and observe ii conciliatini; deportment and liinj^uage towards the latter Ihiil /lis If rent injlmni-e maif be m cured ami mi/iloi/ed, in its fullest extent, for the benefit of your distri(;l and for the ffmeral frond. In conversation with liirn you may ttike an opportunity of intimating that I litive not been unmindful of the interests of the Indians in %iy communications to ministers, and I wish you to letirn (as if casually the subject of fonversition) what stipulations they would propcsc for tlieniMelves, or be willing to accede to, in case either of failure or of succtss." 'i Ir Life and correspondence of Major-General Sir Isaac Brock, K.B., by Ferdinand 0. Tapper, Esquire, 2nd Ed., p. SIL -%