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To whom it may concern : I think it right to say that the roport contaiued in this pamphlet has boon printed at my request. By some it may be considered a little piece of vanity, that I hope to correct some errors or mistakes which, in my humble judgment, have existed respecting all parties who have had to do with the Indians of the Lake of the Two Mountains. It is also my desire to show that the (rovernment of this Dominion— I may say each successive Government — has not failed to use all proper and lawful efforts for the benefit of the Oka Indiat^ "Whatever may be said to the contrary, there is abundant documentary evidence that the Indians have all along been made aware of their dependent position, which, however, was never so expressed as to justify any oppres- sions or cruelties which have been alleged against the agents of the Seminary. It is high time these misunderstandings and hostilities should cease, and I will express the hope that such means may be adopted as shall prove satisfactory to all parties. As it respects anything I may have said or written to the Indians of Oka, or in reference to their claims, I can con- scientiously affirm that I have been influenced only by a sincere desire to promote their highest interests for both worlds. I have reason to believe they are satisfied on that point. They have regarded me as a friendly mediator. I will also here say that the gentlemen of the Seminary have always treated me with the utmost respect, and I fervently pray that a peaceful settlement of all past disputes may be speedily attained. • WILLIAM SOOTT, Ottawa, 22nd January, 1883. Department of Indian AFFiiRS, Ottawa, 2nd February 1882. Rev. Sir, — I am directed by the Superintendent-General of Indian Affairs to request that you will be good enough to g0fe him the benefit of your views on the Oka Indian question, as he has reason to believe that you have given the matter serious and earnest attention. The Superintendent-General is of opinion that the views you may feel yourself free to express in this matter will aid him in arriving at a proper solution of the difficulties surrounding this most intricate question. Believe me, Rev. Sir, Yours very sincerely, CSigned,) L. VANKOUGHNBT. Rev. Wm. ScotT, No. 1 Richmond Road, Ottawa. lary 1882. of Indian > gitre him tion, as he ter serioas oral is of to express or solution question. rely, [JGHNET. i ' REPORT. Ottawa, 18th of February 1882, EiOHT Honorable Sib, I have the honor to acknowledge the receipt of a com- munication from the Deputy of the Superintendent-General of Indian Affairs, by which I am informed that he is directed by you to request me to be good enough to give y(iu the benefit of ray views on tlie Oka Indian question, us you have reason to believe that I have given the matter serious and earnest consideration. It is quite true that the Oka Indian affairs have caused me great anxiety, and owing to the fact that you had verb- ally expressed a wish to confer with me on the subject, as well as for other reasons, I have felt it my duty to investi- gate the history of the case and its present position. Some of the results of my examination may not be gratifying to many with whom I have been accustomed to co-operate, but there is only one path open to me, and that is fairly and impai'tially to present the case as it really stands according to my candid opinion. It will afford me very great satisfaction if the free expression of my views as herein contained shall in any measure contribute to "a proper solution of the difficulties surrounding this most intricate question." To this end I cheerfully comply with your request. I have already stated that the subject has occasioned mo great anxiety for some months past, but my time has been specially devoted to the Oka Indians and their position, by e reason of a communication which appeared in one of the Montreal evening papers respecting the Oka Indians, last December. It contains sovcnil statements which go to show that the long-standing difficulties between the Indians and the Seminary are yet unsettled. It would appear also that the Dominion Government, or the Department of Indian Affairs, is blamed for the continuance of strife and unpleasantness. Among other things, the Indians who visited the newspaper office are reported to have said : " This they wish the Govern- ment to do: to state plainly to whom the property belongs. If they can show that they (the Indians) have no claim to it, thnt way in ite on the [uestion of »fore it is ject in the uestion of ■ title is not settled, it ought to bo for the good of all parties, and for that reason I have examined the whole caso as thoroughly as possible by a careful study of iho documontH relating thereto. As the catse covers u couple of hundred years or more, and the documents very numei'ouH, the task of investigation has not been an easy one. But I have seriously thought that the longer matters remain in their present condition the greater ai'o the elements of danger to the peace and welfare of the community. The subject is surrounded with embarrasing facts and conflicting claims.' The space of time and governmental changes through which the history of the ease passes, make it all the more necessary to proceed cautiously and honestly. Theological dogmas and EcolcHiustical bias must needs be eliminated from the controversy. Truth, as to the facts must bo sought, that justice toward all parties may be secured and promoted. In my judgment there aie f(;ur branches of the Oka case which require most careful review. Firstly : What are the titular rights of the Seminary of St. Sulpice, and upon what facts do they rest ? Secondly : What is the position of the Indians relative to the Seigniory of the Lake of Two Mountains, and what claims have they upon the Seminary ? Thirdly' : What is the relation of the Dominion Govern- ment or the Department of Indian Affairs to the Oka Indians, and what obligations should the Government assume towards the parties now antagonistic ? Fourthly : What is the status of Protestantism at Oka, and what is the course of conduct which, under all the circum- stances, it may be expedient for the Methodist Missionary Society to pursue ? 1! i' d Firstly : WhuL aio the titular righU. J the Seminary, and upon what tactn do they rest? It is freely admitted that from the time of the conquest, the title to the eHtate.s held by the Seminary was a sabjeot of controversy. The conflicting claims of the Sen?inary and the Governmoiit were set forth on aeveral occasions. They forniiMi a subject of discussion in 1788-9, and from thence m the time immediately preceding the union of the Provinces of Upper and Lower Canada, when it was thought desirable to put an end to all disputes by an enactment. As the result of dibcui-isions u'ld negotiations, the lav7 of 1840 was passed. It is briefly notified "An Act respecting tlie Seminary of St, Sulpice, confirming their title." The full title of tha Act is as follows :— " An ordinance to incorporate the Seminary of St. Sul- "pice of Montreal, to confirm their title to the Fief and " Seigniory of the Island of Montreal, the Fief and Seigniory " of the Lake of Two Mountains, and the Fief and Seigniory " of St. Sulpice, in this Province, to provide for the gradual " extinction of the seigp'orial rights and dues within the " seigniorial limits of the said Fief and Seigniories, and for " other purposes." The -preamble and first enacting clause of the Ordinance are here inserted for the special reason of easy reference in the consideration of the case. Preamble : " Whereas the Ecclesiastics of the Seminary of " St. Sulpice, established at Montreal, in this Province, have " since the capitulation made and signed at Montreal afore- " said, on the eighth day of September in the year of Our " Lord one thousand seven hundred and sixty, held, pos- " sossed and enjoyed, and do still hold, possess and enjoy 9 inary, and conquegit, i a sabjeot inary and 8. Thoy thence m Provinces ; desirable . As the 1840 was cting the The full )f St. Sul- Fief and Seigniory Seigniory le gradual vithin the )B, and for Ordinance ference in iminary of ince, have real afore- lar of Oar held, poB- and enjoy " the Fiof and Soi-^niory of tlio Inland of Montreal, •'and itH depondoncies, tho dot" an»l hoigniory ot iho Luko "of the Two MountuinM, and tho tu^l' and ilio >oi^/ni()ry of "St. Sulpico, and their Hovoral doitundeneio.s, all ^ituilte in " tho district of MonLroal ; and tuo said I'Aiclo->iaHlies havy alleged and doalloge, that Llioy, so as aforesaid, iiavo licld "possession and enjoyed, and hLill do li »1 I, i>okmo.sm and "enjoy, all and singular tho waid tiots and Mcigniorie.s and " their dependencies, rightfully and as llio truo and lawful "owners of the same; and whoie.t-, doublis and contro- " versies had arisen touching tho riv^lit and title of the said "Ecclesiastics of the said Semin-;: y ol" ^il. iSii'^ico, olMoni- "real, in and to tho several liefs and -ei^tdories and tiieir " dependencies, of which they ha "j, u.-s aforeHaid, been in " possession since tho naid caiutnluiion, and it had hcon "contended that all and ovory tho naid hols and soigniorioH "became, by the conquest of this Provinco hv the HritisU "arms, vested, and still remain ve^ted, in the down ; And " whereas Her Majesty, desirous that ail huch doubtn and " controversies should bo removed and terminated, and that "Her faithful subjects, holding lands within the said "seigniorial limits of the said fiefs and seigniories, should bo "enabled to effect and obtain the gradual extinction of all "seigniorial rights, dues, and duties, payable or porformable "for or by reason of such their lands, did, of her own mere "will and proper motion, graciously signify Her lioyal "pleasure, that the right and title of tho said Ecclesiastics "of the Seminary of St. Sulpico of Montreal, in and to the "said several fiefs and seigniories, should be absolutely con- " firmed, under, and subject to the terms, provisos, conditions "and limitations hereinafter contained and expressed, "which Baid terms, provisos, conditions and limitations " were fully and finally agreed to and accepted by the said 2 I' 10 " EcclesiaBtics of the said Seminary of St. Sulpice of Moiit- " real, all ■which wore embodied and enacted in the Ordi- " nance pat'Scd in the t^c^sion of the Special Council for the "affairs of Lower Canada, held in the third or fourth years "of Ber Majesty's reign, and chaptered thirty; And, "whereas, for fulfilling Her Majesty's giacious pleasure "and intentions in the said behalf, and for other the piir- " poses aforesaid, 'it is expedient and necessary that tlie "said Ecclesiastics of the Seminary of St. Sulpice of Moi.t- " real, nhould be and remain an Ecclesiastical Corporation "or Body Corporate and Ecclesiastical (Communaute " Ecclesiastique) for the purposes hereinafter mentioned." First enacting claupe, " And the said Corporation shall " have, hold, and possess the same as proprietor thereof, " as fully, in the same manner, and to the same extent, as " the Ecclesiastics of the Seminary of St. Sulpice of the " Faubourg of St. Germain des Paris, or the Seminary of "St. Sulpice of Montreal, according to its conBtitution, " before the eighteenth day of September, which was in the " year one thousand seven hundred and fifty-nine, or either, " or both of the said Seminaries, might or could have done, " or have a right to do, or might or could have held, enjoyed " or applied the same, or any part thereof, previously to " the last-montioned period, and to and for the purposes, " objects and intents following, that is to say : the cure of " souls within the parish (la disserte de la paroisse) of " Montreal, the mission of the Lake of the Two Mountains, " for the instruction and spiritual care of the Algonquin " and L-oquois Indians ; the support of the Petit Seminaire " or College of Montreal ; the support of Bchools for children "within the parish of Montreal; the support of the poor, "invalids and orphans; the sufficient support and main- 11 ice of Moul- in the Ordi- imil for tlie ourth years lirty ; Arid, IU8 pleasure her the pur- ry that the nee of Moi.t- Corporation ;!onimunaute mentioned.' ' )ration shall Btor thereof, le extent, as ilpice of the Seminary of constitution, jh was in the ine, or either, Id have done, held, enjoyed previously to the purposes, • : the cure of paroisse) of ^o Mountains, le Algonquin tit Seminaire Is for children t of the poor, )rt and main- "tenance of the members of the Corporation, its officers and " servants, and the support of such other religious, chari- " table and educationiil institutions as may, from time to '*t5 ne, be approved and sanctionod by the Governor of this '•Province, for the timo being, and to or for no other "objects, purposes and intents whatsoever." In lc79, nearly forty years vAtov tho passing of this Ordinance, an effort was made to invalidate or destroy its force by asserting and reiterating those expositions of the nature of tho titles confirmed to the Seminary, which are actually included in the "doubts and controversies" sot aside and settled by the enactment. Thus reviving for impossible purposes what the Ordinance relegates as done away for ever. Such a method of proceeding was not likely to furnish a large " contribution to a proper under- standing of the Oka question," nor afford much help to its equitable and speedy settlement. Tho document to which I refer is a piece of patchwork, and not very credi- table to any of the parties who had a hand in its preparation, because it purposely disturbs everything and settles nothing. It asserts, reasserts and reiterates tho rights of tho Crown, but the strongest terms that could be employed in stating the alleged claims of the British Crown are embodied in the preamble of tho Ordinance, and therefore the constant re- production of those claims is, to say the least, extremely foolish. It seems to be tho aim of tho pamphlet to prove that the enactment of tho Ordinance was in opposition to all the previously expressed declarations of the Imperial authorities as to the claims of the Seminary and the rights of the Crown ; whereas the rights of the Crown were never legally established and the claims of the Seminary were only controverted. The whole history of the affair from ill 12 if . f. !l 1663 to 1764, or for tho period of more than one hundred years, is abbreviated in the first parts of the preamble and cannot be disputed; and the ponition of the question arising out of tho conquest is fairly stated with sufficient fullness. And yet it is alleged that deception and fraud were practiced in procuring and passing the Ordinance of 1840. To me, it appears that the Imperial authorities were thoroughly informed on this important subject. It was discussed in Parliament. The Bishop of Exeter sternly opposed the Ordinance in the House of Lords, and even sug- gested that tho Act might be found to be " contrary to law." The Marquis of Normanby replied " that all the circumstan- ces bearing on this Ordinance were submitted to the law officers of tho Crovrn after the passing of the Act of Union, and thoy were decidedly in favor of the legality of the Ordinance." And further, in opposition to the frequent averment that "the Governments, Imperial and Colonial, never indicated the slightest wavering in judgment or pur- pose as to the course they would pursue in the matter from the timr- of tho conquest to the settlement by the Act of 1810-1. anl through all this time they were in direct oppo- sition to the assertions of the Seminary and the opinions of their legal advisers," it may be stated that however they might agree in denying tho possession of a " valid title," there was constant " wavering" as to the propriety of de- claring that tho Seminary had no title and should be dis- possessed of their estates or endowments. The equity of the case was considered, and if the properties were to be vested in the Crown, compensation was to be offered the Seminary fjr losses incurred. The fitth repoit of the Royal Commissioners appointed to enquire into the grievances complained of in Lower Canada, ie hundred eamble and e question :h sufficient I and fraud rdinance of )rities were jt. It was 3ter sternly id even sug- iry lo law." circumstan- 1 to the law it of Union, ality of the ie frequent id Colonial, lent or pur- natter from y the Act of direct oppo- opinions of )wever they ^alid title," )riety of de- )uld be dis- he equity of were to be ) offered the appointed to wer Canada, 13 deals with the question of the Seminary of St. Sulpice and its estates. The Commissioners were Lord Gosford, Sir Charles E. Grey, and Geo. Gipps, Esq. The report is exhaustive, and includes all the lact? as embodied in the several documents relating to t;:0 case. Several witnesses are examined and their testimony recorded. In the General Keport signed by all the Commissioners, I find the following remarks. Eeferring to defectivano-s of Colonial Records during 1827, they say : "there is. however, enoui,'h to show that although His Majesty's Government thought the bare legal title of the Seminary very uneeitain, and considered it very desirable both to put an end to the douhts on that subject, and to secure for the inhabitants of Montreal the means of enfranchising their jroperty from the feudal tenure, not an idea was entertained of deprivivg the Seminary of the property they had so long enjoyed, without giving them a fair provision for tLc! establishment in return for it." And again, the Commissioners s ly, " even as regards the main question itself, the possession of the houses and lands, the King has by the same Eoyal Instructions (continued as they are to the present day) I'ommanded that the Eccle- siastics shall retain their property'' Then in proposing the heads of an arrangement, the Commissioners eay, " 7th. The title of the Ecclesiastics to the Seigniory of Montreal should be confirmed," and in a fu ther suggestion to dispose of the farm of St. Gabriel, they say, " all the net proceeds of such arrangement, whether by sale or otherwise, being- handed over to the Seminary at the end of every year."' Sir Charles Grey made a separate 'statement." in which he does not lay claim to the authority of a Report of the Commissioners, " but desires to express more fully his view of the position of the Seminary on and after the 14 m il capitulation," and thus concludes : " I would recommend that after the oflScial correspondence which has taken place, the Crown should forego not only its claims to the Seignory, bat any claims which might arise out of the droit d'indenmitS, or subsequontly out of the droit de quint or de relief." In the debate which took place in the House of Lords, the Earl of Eipon said: ** Noither of these facts — the rights of the Crown or the opinions of the law officers of the Crown do I dispute; but neither the Government nor those legal authorities ever thought, for a moment, of driving the corporation into a court of law for the purpose of having those rights asserted." The Earl also made these remarks : " The Eight Reverend Prolate has stated that the rights of the King of France devolved on the King of Great Britain by the conquest and capitulation of Lower Canada. True, they did so, but the duties of the King of France devolved upon him also ; and it was certainly no part of those dudes to seize on the property of those individuals under any pretence of right or power or privilege. To argue, therefore, that the Crown of England should seize on ■this properly in pursuance of such a right, is, to say the least of it, preposterous."* And yet we are told there was " wavering." True, there was so much "wavering" since the conquest, that no government, either Imperial or Colo- nial, has ever judged it right or expedient to institute pro- ceedings of ejectment. The Duke of Wellington was at first disposed to concur in the motion of the Bishop of Exeter to address Her Majesty to disallow the Ordinance of 1 S-iO. But the noble Duke in the final debate said : " I con- cluded too hastily. For certainly, until I read the papers laid on the table of the House, I had no notion that the sub- * See.Appendlz (&). 15 ject was one of this nature : that the act in question was but a copy of former transactions, the originals of which lay before me." The result of the discussion was the unanimous rejection of the motions of the Bishop of Exeter, who was alone in his scepticism. It follows, therefore, that the Imperial authorities never "wavered" in the sense suggested, for their steadfastness led to a confirmation of the titles of the Semiaary, ai.d these are embodied in the Ordinance of 1840. The titular rights of the Seminary now rest on that ordin- ance. It may be criticized and emasculated by ingenuous philologists, but \ am constrained to look at it, simply us an Act of Parliament, confirming all the previous endow- ments and obligations, made by the King of France, at the same time that it makes pi-ovision to relieve Montreal and other places from the pressure of the ancient feudal tenure. Great stress has been laid on the proceeding-s of a Special Council appointed by Lord Dorciicstci , in 1788-0, to con- sider the claims of certain Indians, and the right of the Seminary to appoint the Grelf of Montreal. Strictly speak- ing it does not appear that the title of the Seminary to the Seigniory of the Lake of the Two Mountuins was i-oferred to that Council, or to the law officers of the Urown. A decision was given by the Council, and by the law officers of the Crown on one point to be referred to hereafter, and on other topics the Council decline to give an opinion, and for the sufficient reason that, being judges, they might sub- sequently sit on the case in appeal, if the question of title should be raised in the proper courts. The law officers of the Crown gave their opinion that the properties in dispute reverted to the Crown on occasion of the conquest, but that was not the question submitted for consideration either to them or to the Council ; and therefore 1 cannot see why i; Ml there need be so much stress laid on the deliberations of that Council which decided only the one point referred to. They, in my humble judgment, are like Sir J. Marriott at an earlier period, who only multiplied doubts and interjected probabilities, which, however, in both instances were allowed to repose during a great many years. So far, therefore, I tind nothing to disturb the titles of the Semi- nary. Thoy rest upon the Ordinance of 1840, the pream- ble of which must be considered inclusive of the previous facts and proceedings, occasioning "doubts and contro- versies," all of which it is the design of the Ordinance to set at rest, remove and settle according w the mere will and proper motion of Her Most Gracious Majesty.*' The law exists, — it is as an Imperial enactment sanctioned by the highest authority, and justified by the law officers of the Crown both in England and Canada. To weaken its authority by iuuendos and insinuations of fraud and duplicity is to my mind fraught with danger, and can m no way profit those whom it is most desirable to pacify. It would be infinitely more advantageous, if the necessity should arise, to apply all lawful means to secure the en- forcement of the conditions and provisos of the Ordinance. Looking at the matter of law and settlement of title, it is a most serious affair, because the reasons which appear to some people strong enough to undermine the foundations of the Seminary, may also be strong enough to undermine their own. I will add a remark or two of a general character relating to the conduct of the Crown in Canada following the con- quest in 175P, There were persons who, like Sir J. Marriott, were disposed to break up and remodel everything, accord- ing to their own notions of what should be. The Crown or Ji.i > tions of that dto. They, rriott at an interjocted mces were rs. So far, f the Serai- the pream- he previous md contro- Ordinance ng to the jt Gracious 1 enactment ified by the Einada. To >n8 of fraud ;er, and can ie to pacify. le necessity ire the en- Ordinance, if title, it is h appear to foundation!^ undermine jter relating Dg the con- J. Marriott, ing, accord- le Crown or n Government showed no] disposition to adopt a policy of spoliation and contiscation. If the Americans, on gaining their independence, had acted on the same generous prin ciples, there would have been nu buch (ieHignation distin- guishing a portion of the people as " i'he United Empire Loyalists." Their property was confiscated unscrupulously and Georgia threatened with the death penalty any who wculd dare to return. Not so with the British Statesmen in and for Canada. By the fourth article of the definitive treaty of peace of the 10th Februaiy, 17*i3, it was agreed between the two Crowns, that those jicrsons who chose to retire and quit the Province, may sell their estates and etfects to British subjects, and return to France or elsewhere with the money of such sales, whenever they thought proper, within the space of eighteen months Irom the lati- fication of the treaty. This article of the treaty gave effect to the thirty-fifth article of capitulation relating to the Priests of the Seminary of St. Sulpice. By the fortieth article, the Indians " who had cirried arms and served " the King of France, were exempted from any penalty which might affect their persons, property or religion. The Crown fully recognized the principle, "Lo conqueto etant une acquisition, I'esprit d'acquisition porte avec lui I'esprit de conservation, et non pas celui do destruction,— les meil- leurs conquerarts firent du barbare des concitoyens." 1 may therefore quote the Stlh article of capitulation which was "granted" as follows: "The lords of manors (les seigneurs de terre) the military and civil officers, the Canadians as well in the towns as in the country, the French settled or trading in the whole extent of the colony of Canada, and all other persons whatsoever shall preserve the entire peaceable property and possession of the goods 3 t8 rolle ard ignoble (fcigneuriaux et roturierB) Tinoveable and immoveable mt'ichandizee, furs and other eflects, even their bhije ; iLey hhall not be touched, nor the least damage done to li^em under any pretences whatever. They ehall have liberty to keep, let, or sell them, &c." On these liberal principles the British Government acted toward the in- habitants of 'Now Franco, thence called Canada. The Seminary found occasion to invoice the candour and honour ol their new rulers, all through the protracted negotiuliions, and finally all " doubts and controversies " as to rights and titles were decently interred by the Ordinance of 1840. There is, therefore, no way by which the judgment of the Hon. Mr. Badgeley can be impugned on this question of title. The Hon. Mr. Mills, when Minister of the Interior; submitted the case for his opinion. After a full and ex- haustive argument, Mr. Badgeley comes to this conclusion : * That the title of the Corpc.ation of the Seminary of St. Sulpice of Montreal has conferred on that body a valid and absolute right of property in their several seigniories, and constituted that body the sole absolute owners of the property known as the Seigniory of the Lake of Two Mountains." Second Question. Secondly : What is the position of the Indians relative to the Seigniory of the Lake of Two Mountains, and what claims have they upon the Seminary? After the discussion and conclusions on the first question, it is scarcely necessary to say that title is not now to be considered an open question. In my mind, that is settled. But inasmuch as claims almost equivalent to a legal title have been asserted in behalf of the Indians, it is necessary I » I )li^i!| 19 to examine the grounds and reasons of such claims. I am most anxious to sociiro for thoso 0!ra Indians justico ami fair-play. Forty yoar-i 'i'j;i, whon \v Htoni In lian^ undor my charge were assail<3d and their rights invaded, it was my privilege siiccossfnlly to vindicate thoir claims and rights before Lord Metcalfe, and sabsequontly lo propose measures of improvement before the Earl of Elgin. My sympathy and regard for the aborigines of Canada are unabated, and therefore I am free to say that on my appointment as Superintendent of those Mis^^ions in the Montreal Confer- ence of the Methodist Church of Canada, I was most sincerely desirous to obtain all necessary information con- cerning the Oka Indians and the position they occupied in the Seigniory of the Lake of the Two Mountains. Certain pamphlets were obtained together with memorials and varied newspaper correspondence, with a view to reach the bottom facts. References to dates and documents were examined for veriiication or removal of doubts. There has always been some sort of connection between the Indians and the Seminary. If it be asked, what Indians? an answer may not be very readily given. There is a period of more than 200 years since the first indication of relationship between the Seminary and the Indian tribes, or portions of tribes, but the latter have always been dependent on the former. It is not shown that the Indians ever gave anything to the Seminary, thereby placing the Seminary under obligations to them. The Kings of France, and the early colonizers of ancient Canada always desired to live on peaceable terms with the aborigines. The French regarded themselves as proprietors of the soil by right of discovery. The Indians, for the most part considered the French as invaders and intruders. 20 .jii ■ly Tho Indian tribes wore almost constantly at war with eaoh other. Terribly dest uctive were many of their inter- necine strnpgic"* for sti|)remacy. Tho French authorities and earl}' colonists aimed not at tho Hubjugation of tho tribcH in tho first in-tanco, but their conversion to the Roman Catbolic form •>!' Christianity. New France was to become exclusively Roman Catholic, and the whole of the Indian tribes were embraced in the spiritual or religious contemplations nnd (lesift-ns of both tho Church and the State, which were in fact ono. Xow Fi'unce must bo evan- gelized and the crueirix planted everywhere. Tho Hundred Associates ntid the I'ompany of Montreal who had received grants to thnt ond, did not prosper as they and others had anti- cipated, and they consequently resigned their estates and operations to the Seminary of St. Sulpico, of Paris, who it was thought would succeed, because of what had already beon ;u'oonipiishod by that community. Tho re- citals in tlio deed of donation to the Seminary, dated 9th of March, li*i;3, proceed thus: "All tho said above named " Associates for thu coMver.sion of the Indians of New *' France in tho I^lan 1 of Montreal, as well as in their " own name, as represonting the other Associates, who, con- '' sidering the i;rcat blessings it has pleased God to shower " upon tho saiil I-*hind of Montreal, for tho conversion of " the India s, the iiistrucMion and cdificiUion of the inhabi- " tants thereof, through the ministry of the late Messieurs '' Oilier, do la Mariruric, do Ranty, and other Associates, " labouring for the past twenty years, and to what extent " of late the gentlemen of tho Seminary of St. Sulpice have " laboured by their care and their zeal to maintain this " good worlc, having exposed their persons, and have made " heavy contributions for the good of the colony, and the 81 with eaoh leir inter- authorities 3n of the ^on to the nee was to lole of the • religious i and the st bo evan- Hundred id received rs had anti- )Htates and of Paris, what had The re- dated 9 th )ve named of New 8 in their who, con- to shower version of he inhubi* Mesnieurs Associates, lat extent I pice have ntain this lave made and the " greater glory of God ; the said gentlemen associates, de- " siring to contribute on their part lo second the pious de- " signs of the said gontlemon of the Seminary, and honor- " ing the memory of the Hiiid Sicur Abbe Oilier, first " founder thereof, and one of the promoters and benefactors " of the undertaking, they have, aftei" several conferences " held on the subject, and for the greater glory of God, and " for the salvation of souls, made and do make, with the " said gentlemen of the Seminaiy, the; ngivomeiils and eon- " ventions that follow, that is to say : *• That the said gentlemen Associates in their said names, " and in favor and in consideration of the conversion of the " Indians of New France, have given and do give by these " presents by donation ' pure, simple and irrevocable, and " entrevifs, for themselves and their successors, &c." I beg to call attention here to the fact that not only is the " conversion of the Indians " of the Island of Montreal designed, but also " the instruction and edification of the French inhabitants." Those '* great blessings " are set forth as facts in part accomplished, and, therefore, *'the said gen- tlemen Associates in their said names and in favor and in consideration of the conversion of the Indians of New France, have given, and do give, &c." This is the basis of all future and further grants or endowments. The Indians of New France embracod a wide field of enterprise about equal to the whole Dominion as now constituted. The work of the Seminary is not confined to the Island or District of Mon- treal, and when the location of a mission is changed and additional grants bestowed, " the Indians of New France include thoFe of ' the Lake of the Two Mountains,' if any existed there at the time, bat do not exclude any from the m 22 piouN deflicfns of the Associates or of the Sominary." In 1677 the 8ominaiT in the Tsland of Montreal was eatnbliahed, where as we have Keen much preparatory work had been done in previous years. The former lOfrants were therefore confirmed by " The Kincj of Franco and Navarre." But the same objects and the same boundless territorial area are npecified. So the King says " being well informed that we "can do nothing more ndvantngeous for the proagation of " the faith, and for the establishment of the Christian reli- " gion in our States of New France, and wishing to treat the '* memru'ialists favorably, we have permitted, and do by these " presents signed by our hand, permit them to erect a com- " munity and Seminary of Ecclesiastics in the said Island of " Montreal there to attend, according to their intentions, " conformably to tho Holy Councih of the Church and the "ordinances of this kingdom, to the conversion and instruc- "tion of our subjects, and to pray God for us and our buc- "cessors, kings, and for the peace of the Church and our " State." The further grants of the Lake of tho Two Moun- tains Seigniory in 1717 confirmed in 1718, and that of 1733 confirmed in 1735, make no change in the purposes of the grantor, nor in the limitless objects of the grantee; the conditions and provisos have refer- ence to the original grants, and therefore the Indians of Neio France are to bo missioned, and the French inhabitants instructed. The work of conversion was slow, and those who professed the new faith were hated and per- secuted by those who remained pagan. The French Eccle- siastics had from the first to adopt means of protection, and necessarily became tho defenders of those Indians who had renounced paganism, and whose fate was contingent on the 28 iBSues of mnraDding warfare. We therefore find the build- iog of a fort and the buildiug of a church in some reHpoclB equally important. The IndianR had no fixed dcttlumont or territorial roBerve. With the exception ol wuric done for the Seminary, they fibh and hunt. But theHe are huzurdoun employments and they daro not wander iar away trom a fort. The Indians are not a tribal unit, but composed ol several tribes, as we tind them now. ThoHo who were friendly with the French Ecclesiatitics iiopt together. Tlio EcclofJasticM were anxious to defend themselves and their aboriginal converts from the attacks of the fiery and hostile Iroquois. There is no treaty between the friendly Indiana and the Ecclesiastics. The former are an aggregation of several tribes keeping near to u place of security for the strongest of human reasons— self-preservation. The pro- minence of one or two tribes makes no difference as to the facts under consideration.* The grant of the Assooiatos con- firmed by the Kini^. and the giants made and confirmed in ITlS and in 1735, invaded no known existing rights of ownership or occupation claimed by any tribe at the time. The grants were not made as an Indian reserve Lo be managed by the Semi nary, but they were made lo the Seminary for purposes of protection, maintenance, and the religious instruction of those Indians and French inhabi- tants who voluntarily placed themselves under the care of the grantees, and through them procured the means of support; both classes of dependents being regarded and dealt with as " French subjects." They have no title of territorial rights. The Indians in that respect are on the same footing as the French habitants. The memorial- ists to Lord Duflferin make a " parallel " which is not * See Appendix («). 24 parallel, but divergent, when they affirm that " the Seminary holds the yame position as the Dominion Government towards the Cauglina^vaga Indians and other tribes." The OJia Indians, unfortunately, have no such rights and claims as have those of " Caughuawaga and other tribes." How any lawyer could have ventured to construct such a sen- tence is to me a legal mystery. It is yet more strange to say that " all the grants "' were made as regards the Indians, and not for the benefit of the emigrants from France. The memorial and the " Beta " pamphlet would seem to have iiad a common paternity, for referring to the several grants. Beta says '' the Indians are the only prominent parties referred to," and he also falsely parallels the posi- tion of the Caughnuwaga and Oka Indians. As these docu- ments are now before me, I will refer to a clause in the deed of 1735, upon which they have fixed their exposition. The clause is as tbllovvs: " And lastly, that the Indians of the Lake of the Two Mountains, being accustomed to often change their place of abode, and so to render the said land more profitable " (the memorial says serviceable) " it would be necessary to extend the said land further, &c." " More profitable," "doubtless for the Indians," says "Beta." Well, be it so, but in what sense ? It is not now possible to interrogate those who drafted the deed of 1735, or wo might a^k them what was meant by the words " being accustomed to often change tb.nr place of abode," and why that rendered necessary "land more profitable." The alleged changes must have been profitable either within the bounds of the Seigniory, or outside of it, to regions beyond ; most likely beyond. In either case, especially the latter, the duties, difficulties and expenses of the mission would thereby be augmented ; so to meet the additional expenses, 25 additional, and perhaps better land is added to the grant of 1718, which, however, is not to be valued by the rulings of the land markets of 1882. There are other reasons men- tioned for the additional grant, in which, of course, the Indians have an interest; nevertheless, the King "now grants and concedes to the said Ecelesiastic.-* of St. Sulpice of Paris; to have and to hold in full property and seigniory, which full property and seigniory " are siihse- quently conceded to the Seminary of Montreal, and confirmed by the Ordinance of 1840, and which, as the aforesaid memorialists shew, places among the chai-ges of the Seminary, the mission of the Lake of ihe Two Moun- tains " for the instruction and spiritual care of the Algon- quins and Iroquois Indians." It is properly said " the rights of the Indians are preserved," but they are such rights only as are defined in the several deeds and in the final confirming Ordinance. I think it proper now to say tnat the claims of the Indians to the " ownership " of the Seigniory of the Lake of the Two Mountains was never made before the conquest of Canada. I cannot find that any such notion found expres- sion before that period, nor for a good while after. A leaven of change was brought into the country with the treaty of peace, and the results are matter of history and of experience. The first appeal to* the Government in behalf of the Indians was made in 1788-9. I have read the speech of Chief Augneeta, addressed to Sir John Johnson, in the written records of the Privy Council, as also all the documents then handed to tho. Council to whom the case was referred by Lord Dorchef ter. Not satisfied with the deeds existing, the Indians, through Augneeta, gravely ask for "a new deed." After this hoar these bands under the 14 & 15 Vic, c. 106, 45,750 acres on the River Desert. A certain number of the Aigonquins have em- braced the opportunity thus given to them of exchanging the sterile tract of the Lake of Two Mountains for a fresh location, where they have formed tho settlement of Mani- waki, and are beginning toapply themselves to agriculture." This settlement has advanced considerably since the time of the Commissioners' Heport. There is,therefore,good hope for those Indians who accepted their grant; while those who have rejected a grant of quite as good land specially set apart for their use, remain at Oka, and are subject to all the sufferings and privations, resulting from bad soil and worse neighbors. One thing is certain, there is no evidence to show that the grants made under the Act 14 and 15 Vic, c. 106, were made under instigation by the Seminary, but as compensation for lands of which they had been unlawfully deprived, and in which the Oka Indians had only a partial interest. I understand the 16,000 acres in Doncaster remain as when first granted, and are an Indian Eeserve. All of which shows the ani- mus of those who misinform and misdirect the Indians. But the effects of bad advice have been and are disastrous. The Iroquois Indians had undoubted claims on the Semi- nary, and the evidence produced above demonstrates that these claims were never denied. Most of the difficulties and conflicts between the parties have arisen because the Indians have been persistently instructed to insist on the posses aion and exercise of rights and privileges to which, in law, they had no title. Most gladly would I write otherwise, if in conscience I could do so ; but the facts and documents 34] will not admit of a different iniorprolation, and it ia folly to stretch out the hand for unattainablo objects. With the present state of affairs at Oka, the public in general and the contending parties in particular, can never bo satistiod. It is therefore absolutely necessary and intinitely desirable that some method be adopted to solve the problem and place the Indians in a position of independence. Third Question. What is the relation of the Dominion Government or the Department of Indian Atiairs to the Oka Indian-^, and what obligations should the Government assume towards the parties now antagonistic ? I should not have ventured ta express an opinion on these topics but for the fact that the Government has been fre- quently assailed for supposed neglect ot duty or disinohna- tion to listen to the complaints of the Indians against the Seminary. On page 71 of the "Beta" pamphlet we read: " That these Oka Indians, who are wards of the Dominion Government, should be left to be the sport of the vindictive and cruel policy of the Seminary, and that for many years past, is a reflection on us as a people even as great as that we ofttimes throw upon our American neighbours for their conduct towards their Indians." And again on page 72 : " The Dominion Government, on whom specially the duty of having this long vexed question settled, has for years past shirked its duty and has looked about more for excuse for not attempting it than for evidence of what should be done in the case." And then follows a prog- nostication of trouble, amounting to a threat of reprisal which we are told ** it would be well to prevent." Perhaps so ; but it may as well be respectfully suggested, 35 that mischief i^enemlly arises from raisroprosontatioQs and fallacious assumptions. It seems to have been forgotten that the Government meeting; stern facts and an array of legal opinions and decisions, could not ignore them and perform administrative acts at variance with them. It should also be remembered that the status of the .Seminary was fixed by the Imperial authorities lon^^ before the management of Indian affairs was transferred to the govern- ment in Canada, which is not responsible for the Act of 1840, any more than it is for acts done or charters given by the King of France. Yet it has not " for years shirked its duty " in the matter of the Oka Indians. The records of the Indian Department exhibit extreme anxiety to solve a difficult problem, and an earnest desire to arrive at an equitable and satisfactory adjustment of conflicting claims. It has acknowledged the right of the Indians to consideration at the hands of the Seminary, and the Seminary on its part has never refused to consider proposals which might conduce to an amicable settlement of agitating strifes and contentions. Third or fourth parties have come between the negotiating parties, and the Government has been exhorted to do what could not lawfully be attempted. ^ The destruction of the Protestant Church at Oka, fur- nished reasons for interference, but the Dominion Govern nient could not prevent that, neither had it power to punish the offenders. That act could not but bo considered a grievous outrage. If the erection was a trespass it was in the power of the Seminary to prevent it. I am informed a protest was made but it was unheeded. The church was built, and the Seminary having allowed it to stand for years, should not have avenged an alleged "usurpation of vested rights " in the manner described. ■] The destruction |ii: i u by firo of thoir own property is to be regretted, but nobody haM now any right to say of the Indians that " they finally set fire to the Catholic Church at Oka." The repetition of these cri mi nationn and recriminations, with their natural effects on tlio public, cannot help in the settlement of exist- ing (linpulef*, tioilhorcan they soften the asperities of French Canadians, who are so frequently charged with cruelty to- warls the Indian population. All those circumstances, and many more distressing particulars, go to show the painful- ness of the position occupied hy the Oka Indians, but the reiteration of complaints against the Government for ncglc't, or shirking ol' duty, can only be made in utter i:rnoranco of the relations of all the parties to the law and the facts. The law is administered by the Government. All outside parties are bound by the law. There may bo diverse views of facts and their circumstances as there may also be conflicting claims of right and privi- lege. In such cases, all taken together, it is obvious that a settlement is attainable only by compromise in equity. Such is my judgment of the case under consideration. (iHl^-fl^' The Government is the wftwi of the Indians generally, and is itself governed by the Indian Act of 1880. That Act specially regards the Indians with whom treaties have been made, who therefore possess lands or revervations under the management of the Indian Departnont in the interest of such Indians. As far as possible the Indians of Oka have been included in the operations under that Act, perhaps rendered necessary by the voluntary severance of the Indians from the Eoman Catholic Church. But if that event had not occurred, the interposition of the Govern- ment at some time might have been necessary, for the Indians, while Catholic, were not, and those who remain l^^ 9fl Catholic, are not in harmony with the Seminary as to ques- tions of right and litlo. OoiiiplnintH have not ceased since the memorable npeoch of the C'niof in 17H8. The correspondonce of the Government with the Somiiituy in past times and the complaints of the Indians of the prencnt day Hhow this among other things, and these ail demonstrate that a settle- ment could not be reached hv a determined resistance of all concessions. OtFences of violence against the persons and properties of the Indians it is not in Ihe ))ower of the Dominion Government either to prevonl or punish. The Government has remonstrated, and, fi)r the protection of the Indians, appointed a resident agent whoso last ])uhlished report does not inspire conf'ence that the warfare of French Canadians against tho Indians will speedily come to an end. The slate of affairs is every way distressing and alarming. Reconciliation is eminentlv desirable. The relation of the Government to the Oka Indians is at ima- lous, and to move in any direction is environed with diffi- culties insurmountable on abstract princi])les. Peace is unattainable without concession. The Government has not shirked responsibility. When the Eev. John Borland appealed to the Government in a certain case, the late Hon. Joseph Howe then said in reply : " I cannot change the " law, or dispossess the proprietors, nor would it appear "proper for me to encourage othei-s to dispute ji,;.;hts "thus recognizea by the highest legal authority. I "am disposed to do what is fair and right to all " parties, nor am I influenced by anything hut a - oub') "of duty. Should you be disposed to come to OttaAva all " the papers shall be opened to your ini^pcction, and I shall " be happy to discuss with you any practical measures for "the relief or protection of the Indians that you may 38 " siogest." The Government of to-day can give no other jiDHwer to appeals in behalf of the Indians, and similar answers they have been obliged to give. It is not true that appeals have been unanswered, or that complaints have received no attention. Bufc if the Indians will not 7ield, but siirrcndor themselves to unwise advisers and refuse con- cession, demanding what the Government cannot grant, then it will for ever bo impossible to place them in circumstances where they and their children may live in peace, with the prospect of improvement and happiness. The Government in this case, as in many others, can only help those who are disposed to help themselves. The consummation devoutly to be sought, is the final settlement of all past disputes. The Indians should be placed in a position of freedom, upon lands that can be managed under the Indian Act, in the same way and for the same ends as relate to other Indians of the Dominion. To this end therefore it is both wise and expedient fully to explain to the Indians of Oka, what the Seminary has consented to do, and what the Government is willing to do, in order to give effect to the concessions and agreements of the vSeminary in this behalf. Having shown the singular and painful position of the Oka Indians on answering the first two questions in this discassion, it seems to mo that the public, made nware of the facts, must perceive it to be both important and de- sirable by all proper and lawful means to change that position and place thera fully under the Indian Act. The Department in all that it has hitherto done for the Okas has given a most liberal interpretation to that Act, govern- ing itself by the spirit rather than the letter thereof. The Indians have been properly regarded as orphans who should be cared for and prepared for manhood — its 'duties and ro- 39 Bponeibilitiep. The Act defines its termB. An "Indian" means " any male person of Indian blood reputed to belong to a particular band." The term " band " means " any tribe, band or body of Indians who own or are interested in a reserve, or in Indian lands in common, of which the legal title is vested in the Crown, or who share alike in the distribution of anj^ annuities or interest moneys for which the Governmont of Canada is responsible;" the term " the band " means " the band to which the context relates, and the term band when action is taken by the band as such, means the band in council." It will not be asserted that the Oka Indians come under that clause. The next sub-section relates to " irregulars," and under that the Oka Iroquois and A!gon- quins are embraced. It reads : " The term ' irregular band ' means any tribe, band or body of persons who own no interest in any resei ^e or lands of which the legal title is vested in the Crown ; who possess no common fund managed by the Government of Canada, or who have not any treaty relations with the Crown." The 6ih sub-section relates to " fipecial reserves," which means •' any tract or tracts of land, and everything belonging thereto, set apart for the use and benefit of any band or irregiiLir band of In- dians, the title of which is vested in a society, corporation, or company, legally established and capable of suing or being sued, or in a person or persons of Euro, -an descent, but which land is held in trust for such bard .' irregular band of Indians." The Seminary is '' legally established," but it ,cannot be shown that their lands are " held in trust " for any band of Indiune. The on]y lands set apart for the Indians of the Lake of Two Mountains are those iituatod in tbo Township of Doncaste •, in tlie Province of Quebec, before referred tc as hav-ng been rejected by the 40 Okas, or rather Iroquois, as a place of settlement. The In- dian Act doGB not authorize the Government to procure for them other lands. As orphans they must be provided for. Considering the notions tho Indians have been led to enter- tain respecting the lake lands, the only party who should provide such lands is the Seminary of St. Sulpice, not on the ground of legal claim, bnt on principles of equity, and as a concession toward pacification. It is known that by arrangement with the Government the Seminary has done this, and therefore the important qu^tion now is, how to give complete effect to what is considered a just and honor- able proposition. As 1 am informed, the Government and the Seminary both desire, in the interest of the Indians, that they should accept the arrangement above referred to, yet neither wishes to exercise any other power than that of moral suasion. Tho Government, under the circumstances, co-operates with the Seminary in bestowing upon the In- dians who have removed, the assistance of various kinds which may be required for a limited period. As to those who may remain at Oka, I do not see how the Gov- ernment can be under obligations to do more than it has done. The Depurtmout of Indian Affairs cannot assume, or ought not to be expected to assume, additional obligations in this matter. It is doubtless expedient for the Depart- ment to use every proper means to impress the Indians with the facts, and to show what I um persuaded is the truth; — that their real welfare and happiness through all future time depends on themselves, and will most likely be secured by their acceding to the policy of the Government which has been adopted solely in their interest. It is not without reluctance that I append a note here but I feel it my duty to say that one serious difficulty i n I 41 dealing with the Indians of Oka arises from the fact that they have been induced to accept as beyond contradiction, what, in the past times, Sir John Johnson, and on a more recent date, what Mr. Spragge, are alleged to have stated to the Indians, to the effect they were the owners and pro- prietors of the Seigniory of the Lake of the Two Mountains, I have reason to think that both these gentlemen subse- quently discovered that they had neither law nor authority for their statements, and so the Indians have been repeatedly informed. This they forget, but cling with tenacity to the claim of title which has been erroneously expressed in their favour. It is consequently of importance to bear these facts in mind, whenever the Department may deem it advisable to answer the demands of the Indians on the question of title. FouRxn Question. What 18 the status of Protestantism at Oka, and what is the course of conduct which, under all the circumstances, it may bo expedient for the Methodist Missionary Society to pursue? The Indians, in successive memorials to the Government, have declared that their separation from the Eoman Catholic church arose from the exactions and oppressions to vebich they were subjected by the priests and partizans of the Seminary. These are therefore denounced in the strongest terms. In course of time a largo majority of these Indians were brought into fellowship with the Method- ist Church of Canada— a church which has for many years taken a lively interest in the aborigines of Canada, and whose labours have been eminently successful. Under the persuasion that the Indians of the Lake of Two Mountains had territorial rig!its and ])rivih?gcs, tliey but sustained their G 42 well-earned reputation in accepting the invitations of the Ind'ans and established a mission at Oka. A place of wor- ship and school house became a necessity. To provide such, assistance was readily furnished by many friends in Montreal and elsewhere, so that for the purposes of" religious worship and education," a building was erected and dedi- cated. This was some time in 18'72, Subsequently the Chiefs were prosecuted for trespass, and, as I am informed, by some strange and •I'ngular proceedings, judgment by default was obt.'iined, i a ' the case was decided against the Chiefs. At Oka a p ^7or was i^roduced ordering the removal of the "trespass," that is, of the church. "The officer whoso name was appended to the paper, swore it was not his signature." Nevertheless the result was the de- struction of the building on the 7th of December ISTS, which act was not repudiated by the Seminary. The church was valued at $3,000 and an action for damages was com- menced. The Seminary, in its quality of defenaant, sets forth in its declaration of pleas, " that the plaintiifa did illegally, and without any right whatever, invade the said site," &c., and so the building was treated as a trespass on the rights of the Seminary. That suit was pending when other difficulties a^oso from acts of violence charged against the Seminary or its agents, whereupon the interference of the Government is invoked by the Memorial to Lord Dufferin to which reference has already been made. In this briefest manner possible is given the facts relating to the introduction of ProtestLntism at Oka, and the consequences legal and illegal which followed. From that day to this, uncertainty and difficulty have pre- vailed as to public worship and facilities for carrying on educational work in the village of Oka. A schoolhouse in 43 tlio country has bcoQ erected Avithout ronionHlruaco iVom the Seminary. A building in a measure suitable for school purposes has been rented in the village, wherein also public worship is conducted. It has never been reported that the religious services have been disturbed, and of the fechools it is only necessary to say that they are conducted by the Methodists under the regulations of the Indian Department. Yet, it remains a fact not to be disputed, that Protestantism exists at Oka by more sutTerance. That is the status of Methodism. In the defensive declaration of the Seminary before the Supreme Court in Montreal, two of the pleas against damages read thus : '^ Quo les dits Ecclesiastiques n'etaient aucunement terms par leurs titres a la dite Seigneurie du Lac des Deux Montagnes, ni par la loi, do pourvoir aux dissidents de I'Eglise Catholique Eomaine, dans la dite mission du Lac des Deux Montagnes, un local pour I'exercice du culte d'une religion dissidente quelconque, otnommement celle des Methodistes." " Que la eculo mission du lac des Deux Montagnes re- connue par la loi et mentionnee dans les titres des ditoa Ecclesiastiques est une mission Catholique Eomaine, la- quello a toujours ete et est encore desire par les dites Ecclesiastiques qui y ont une eglise, et des ecoles pour les besoin de toute la population, lesquels sont entretenues aux frais et depens des dits Ecclesiastiques." Which briefly means that the Seminary, by its titles and by law, were not required to provide a place of worship for any dissenting religion whatever, especially that of the Methodists, and farther, that the only mission recognized in law and by the titles of the Seminary is Eoman Catholic, which has pro- vided, and yet provides for the whole population. Of course the ^ror?5ion has been, and would continue to be, u IZoiuan Catholic, and 1 do not sco how the Soiiiijiary could bo oxpocted to provide any other. That the Indians had, and have a perfect right to abandon the Church of Eomo and become identified with any Protestant church, cannot ])c questioned. Choice of religious faith and Ecclesiastical sooiot}' is a birthright of all mankind. Coercion of any kind toward uniformity is an " abomination of desolation." Yot, it cannot for a moment bo supposed that tho Superior of the Seminary is under obligation to support a Methodist Minister or Protestant teachers at Oka. Even though these Ecclesiastics were possessors of untold wealth, I doubt if it is in their power tO appropriate it to or for Protestant uses, which means the subversion and destruction of their special functions. TaO memorialists to Lord Dufforin have expressed themselves otherwise, and their opinion, or rather their statement, is in the words following ; " That freedDm of worship being a primary and imprc- " scriptible right of all Her Majesty's subjects in every part " of the Dominion of Canada. The said Ecclesiastics are " bound by the conditions of the said grant and charter, to " provide the Indians of the Lake of Two Mountains, and " amongst them the said Chiefs and their co-religionists with " the means of moral and religious instruction, in accordance " with their views of what is moral and religious instruction " whatever be the particular forms of Christian worship the "said Indians choose to adopt and follow; and that the " principal means of providing such moral and religious " instruction, are the maintenance of public schools and "places of worship in accordance with the dcnomlQational " tenets of the said Indians ; and that the said grants amph' " supply the said Ecclesiastics with the means of providing " for the moral and religious requircment« of the said In- 45 " dianf^." Now, I du not liesitato t(» proiioiuice Iho lorcgoing argument most fallacious and preposterous. If it were sound at all, it is applicable all round. So that if the Methodists receive a grant from the Crown to evangelize Quebec according to their doctrines and discipline, and their converts subsequently embrace Budhism, the said Methodists having "the means" are under obligations to teach Bud- hism. Similar notions to those embodied in the niomorial are expressed for the Indians in their petition to Lord Monck and to Sir John Macdonald. To Sir John they say ; " Your memorialists most respectfully conclude by solicitin;^ the intervention of your honor in their behalf and obtain on the part of the priests of the Seminary of St. Sulpice, ' the liberty of conscience, the free circulr.Lion and preaching of the Gospel by whatever means the Iroquois of the Lake may deem fit to devise, and the opening and keeping of Sabbath Schools and Evangelical Teachers.' " As to " liberty of conscience," that, no power en earth can give or take away; but to ask any government to compel the Seminary to provide the funds for teaching and "preaching the Gospel by whatever means the Iroquois of the Lake may deem fit to devise," is simply asking the Government to annihilate " liberty of conscience " which belongs to the Ecclesiastics of Eome as fully as to the followers of Wesley. Romanists, whatever else they may be, are not latitii- dinarians, and the Seminary has not received endowments for any other purpose than to teach the tenets of the Roman Catholic Church. When the Indians withdrew from tho Sominarj^, they declined any longer to submit to its instruct- ions, and were as sheep without a shepherd. If they were obliged to appeal to the Government for aid or protection, properly speaking, it could only be for such aid as would ■PH^ 46 secure to thorn the privilcgo of tho worship and teaching which they believed would most conduce to religious health and life. The Methodists have not boon prohibited by tho Seminary from "teaching and preaching tho Gospel of Christ." In the exorcise of a privilege, which cannot havo been cluiraod as a right, they have been assisted by tho Government as far as the law authorized or permitted. Tho Government has gone even beyond that, having in many ways influenced tho Seminary for tho benefit of tho Protest- ant Indians and the Methodist Church. Yet, it remains a fact, that Protestantism, as such, can claim no footing in tho Seigniory of tho Lake of Two Mountains. That is as private property, and like as in England many a wealthy lord of tho manor has refused a site for a "Wesloyan or for a Dissenters' chapel, so the Seminary has the power to refuse a site for a Methodist church or school. It is best for all parties that the exact state of things should be known, for although the Seminary has not used the ])Owor of prohibition, every movement made towards the ostablishmeni of Protestantism at Oka is restrained by the law affecting the property of the corporation. It is, there- fore, beyond contradiction that the position of Methodism is precarious and unsatisfactory. Freedom of worship may b3 tolerated, but surely the Methodist Church of Canada does not exist on mero toleration, and cannot desire to do so in this Dominion. At Oka they can only demand tolera- tion, and their adherents are not free from the possibilities of what they have heretofore regarded as " loss, prejudice and detriment." The existing state c^ things at Oka must not be perpetuated, and there is only one way whereby they can bo changed to the real and permanent advantage of the Indians. 41 It has always been a subject of regret on my part that somehow or other the Indians themselves became divided . From what I havo learned on the spot I am nuite sure that unfortunate division was the fruit of mismanagement, mis- representation and uncalled for outside interference. Only a portion of the Indians, about one third, accepted the pro- posals of the Government and havo voluntarily removed to the Township of Gibson, in the Muskoka District. To establish a Methodist mission there and continue the mission at Oka involves increased expenditure both for the Mission- ary Society and for the Government. Yet those who have removed must be provided for in relation to worship and education. They cannot be neglected.* As it is the duty of the Seminary and the Government to assist them toward a comfortable settlement, so it is the duty of the Methodist Church to use all possible endeavour to provide a place of worship and school accomraodatiocs. Those who remain at Oka, while ihey so remain, must continue to bo the subjects of regard and service, just so far as may be possible or practicable. But as the case presents itself to my mind, and considering all the past circumstances and continued embarrassments, it is both right and expedient affectionately but earnestly to advise the chiefs and people of the Oka Methodist Mission to acquiesce in the arrangements of the Government and unite with their brethren in the settlement and cultivation of lands which they can call their own, and which have been set apart and deeded to the Government for their benefit and maintenance to the exclusion of all right and claims of the Seminary whatsoever, notwith- standing its largo expenditure toward proposed settlement.} On this quettion, therefore, I conclude that it is (he duly • See Appcnilix (Final Letter). 1 Spo Appon<1I-v. (% 48 of the authorities of the Methodist Church to ask tho Superintendent-General of Indian Affairs to lay before tho Indians, a full and complete statement of tho arrangements made, and all other explanations which may tend to an effectual and permanent settlement of all past disputes, "doubls and controversies" of every sort. REMOVAL OP INDIANS. So much has boon said or written concerning what has been called the cruelty and injustice of the proposed removal of the Indians from Oka that I am constrained to ask per- mission to offer some remarks on tho general question, and on this one in particular. To me it has often presented itself as an absurdity to speak of the aboriginal tribes of America as " lords of tho soil," proprietors of tho territory, and so forth. " The earth is the Lord's and tho fullness thereof." " The earth hath ho given to tho children of men." " He hath set tho bounds of their habitation." "So God created man in his own image, in tho imago of God created ho him, male and female created ho them. And God blessed them, and God said unto them : Bo fruitful and multiply and replenish the earth and subdue it, and have dominion over the fish of tho sea, and over tho fowl of tho air, and over every living thing that raovoth upon the earth." Our aboriginal friends seem to have confined their attention and enterprise to the " fish," " the fowl," and " every living thing that moveth upon tho earth," replenishing tho earth and subduing it so that it should bring forth seed to the eower and bread to the cater, are requirements beyond their aspiratiuns. The putting asun- der of what God hath joined together, is tlie primary cause of human degradation. Meanwhile there are millions of 49 acres of unsubdued laridH, and mi 11 ioiw of people able and willing to fulfil the original decree. Discovering these immense tracts of land, of no value to the aborigines, except as hunting grounds, and required by the necessities ot aug_ menting civilized populations, it is quite natural that an effort should be made to colonize the unsettled territories. The only question is, how to do this on principles of justice and equity. The late Dr. John Beecham, who wrote on Colonization in New Zealand some years ago, has very properly remarked, '*Two parties cannot enjoy the absolute proprietorship of the same lands at one and the same time. They must belong to either the Colonists or the Natives, and if the former should have obtained actual possession of the whole, the latter must necessarily be excluded." A pro- position rather obscure, partly true and partly otherwise, or at loast not applicable to Canada. On another page, Dr. Beeeham, writing in England, says : " What right have we to sit and cooly dispose of distant countries, inhabited by Aboriginal people, who have as valid a title to the lands which they occupy, as we have to our native soil." As though the present possessors of the lands of Great Britain and Ireland were the lineal descendants of the ancient British tribes, whose courageous valour taxed the power and patience of Caesar's forces. And again Dr. Beecham says : " the Natives (of New Zealand) have had to surrender their lands without receiving any adequate remum/ tt'on." So, then, it is not the principle of settling waste lands that is involved, but the " adequate remuneration." Hence brises the question, what is 'adequate?" On this there may be a variety of opinions, but all will agree that the Aborigines should have and hold sufficient territory for their own uses, and should be taught, if not required to 60 subdue it. Thoy hhoiild also, in considoration of restrictions necesHariiy imposed hy the law« of civilization and progress, bo reasonably remiinonitod for losses thereby sustained, whether real or presumptive. I think, on such lionorablo and just principles the Canadian Governments have acted. I am aware that Sir Francis Bond Head avowed n(»tions and made proposals adverse to the rights and interests of the Indians, but as he had no predecessor in that respect, so, thank God, he has had no successoi-. Sir Francis was rebuked strongly by Lord Glenelg, who was at that time Colonial Secretary. That the Indians of Ontario and Quebec are not yet advanced to a high degree of civilization is attributable to many causes, but assuredly a large share of fault cannot be laid on our Governments. On the subject of Indian Treaties and Aboriginal notions, reference may be made to the valuable volume published by the Honorable Alexander Morris, on '' The Treaties of Canada." In the introduction the author says : " It is the design of the present work to tell the story of these treaties, to preserve, as far as practicable, a record of the negotiations on which they were based, and to present to the many in the Dominion and elsewhere, who take a deep interest in these sons of the forest and the plain, a view of iheir habits of thought and speech, as hereby presented, and to suggest the possibility, nay, the certainty, of a hopeful future for them.'^ That has been the aim of successive Governments in dealiuy: with the Indians, They have been greatly assisted in this important work, both in Ontario and the North-West, by the devoted Missionaries who have consecrated themselves to the evangelization and consequent civilization of the Indian Tribes. In many instances the labours and successes of the Missionaries have made possible the arrangements and 01 treaties of tho Government, jmrticuiarly in some portions of the North-WoHt. It is to the credit of tho Tro;ity makers, that they have been free gratefully to acknowledge the assistance thus received. Vast interests were at Htake, even the creation of a Christian nation, and all philanthropists of every religious sect must rejoice at the prospect of a " hopeful future" for the Aborigines of the Dominion. On the Oka question, and respecting the proposed re- moval of the Indians to Muskoka, I desire to say, although it may be a matter of minor importance, that very few subjects have caused me more anxiety than this. I have been greatly grieved that so much misrepresentation has repeatedly appeared in the public press concerning the alleged rights of the Indians to the lands of the Lake Seigniory. The Indians have been made to believe thi^l the Seminary had from the beginning usurped what belonged to them, and that it 'was their privilege to do as they pleased with the lands and tho woods. Of course, tho abettors of this view thought themselves justified in encouraging the Indians to claim such rights and privileges, and they may yet think so. Nevertheless I hold that no possible advantage can accrue to the Indians by pursuing that course, but that various evils of great magnitude have followed, and will follow in the wake of such persistency. I make free also to offer the same affirmation in reference to a proposed appeal to the Supreme Court or Privy Council as to rights and titles, which the Indians have been induced to urge upon the Government. To say nothing of delays attending on the commencement and progress of litigation, I am per- suaded that no beneficial changes can be effected on the Seigniory, in the relative positions of the contesting parties. Therefore, as a friend and wellwisher of the Indians, I most ^^^g 52 sincerely deprecate a continuance or repetition of those proceedings. I have noticed also with great regret that everything done or proposed to be done for the benefit of the Oka Indians, by the Government; has been more or less misrepresented; so that the Indians lave been led to think the Government wholly indifferent to their welfare, whereas the truth is, according to my certain knowledge, that the Department of Indian AtTairs has devoted more time and care in the considoiation of the condition of the Okas, and the regulation of matters for their advantage, than to any other single tribe or band In Canada. The removal of a band of Indians from one place to another is no new thing in the administration of their affairs. Within the last thirty or forty years many such changes of location have taken effect with the consent of the Indians and on equitable terms. It is certain, that in the olden times %'ery few settled anywhere for any length of time. They have always been migratory iniheir habits, "roaming about the country," as has been truly said, " living Ob pre- carious resources, and sometimes reduced to the necessitv of subsisting on mere carrion." The village of Oka does not present striking evidences of a high state of civilir-ation, but the Indians have not been so reduced, and need not have been in the comparatively low estate in which we find them. In that locality they never will be much better oflf than they nre. I write thus with jorrow, let the blame rest where it may. It does not exclusively rest on one party. It is folly to think so. The history and condition of many other Indian missions will not authorize any reason- able person to say so. And yet when it is proposed to attempt the advancement and improvement of the Indians, the graves of their ^'athers and the sentiment of respect for ik: 53 the dead are invoked. I reverence the feeling, and in passing, would respectfully suggest to the Seminary that a suitable fencing be placed around the consecrated graveyard of the Indians of Oka. But the strongest feeling of respect and reverence for the dead should not stand in the way of de- liverance from privation and suffering, and the possibility of freedom, life and happiness for those who may desire these precious gifts, aid who are willing to contribute their own e^Tertions for their attainment. On the settlement of Indians there is a great deal of valuable information contained in the Commissioners Report published in 1858. The Report says : ' The attachment of the Indians to the parts of the country where they have been born and brought up. Is extreme." It in mentioned as a hindrance to the accomplishment of benevolent designs concerning which mat^y useful suggestions are made on these and on collateral subjects. Amongst Indians as amongst ourselves, the feeling and knowledge of proprie- tary rights or ownership of the soil is of vast importance. The whole study leads me to the conclusion that the adjust- ment of claims and the quieting of contentions at Oka, can only be achieved by the Indians occupation of lands of their own, about which there shall be no dispute, and which can be properly managed as an Indian Reserve under the Act of 1880. To this end a portion of the towns^hip of Gibson consisting of 25,582 acres has been set apart. This Reserve has been paid for by the Seminary, who also agree to erect suitable houses, pay the expenses of removal and indemnify the Indians for such improvements as they may have made at Oka. The Reserve is to be divided into lots^ of 100 acres for each family, or more it re- quiredi and arrangements made with a view to the future ww^ 64 enfranchisement of the tribe. Difficulties may arise in respect to this enterprise, but it is practicable. If the efforts of the Government and of the Seminary are seconded by the industry and perseverence of the Indians every ordinary difficulty will bo overcome, and the Indians may attain in a good degree a condition of comfort and indepen- dence . There are good grounds for stating that the In- dians who have gone to Musisoka are well pleasc^ with their situation and prospects. It is therefore very much to be regretted that the project of the Government in behalf of the Oka Indians should have been made the subject of ridicule and misreprosentation. At the same time evil reports have obtained currency as to the conduct and motives of various persons. Communications purporting to come from Oka, and many others, containing unfounded statements, have been eminently mischievous. There can be no objectiou to stimulate any amount of sympathy and commiseration for these poor Indians, but I am convinced that the course heretofore pursued by many who have wished to be their friends has not subserved either their spiritual or temporal interests. It has created false expec- tations and baffled the be«t endeavours of the Government. My earnest wish is that the whole matter may be calmly reviewed in the light of incontrovertible facts. To this end I have freely expressed my views to the Departmeat; not without a desire that others may become acquainted with them, being satisfied after mature reflection that they are sound in prinoijile and correct as to facts. There was a time when the Indians needed something more, and other than more sympath\', and I am glad they received it. But now the time has come for the interment of dead issues and the promotion of living proposals, and I shall, as much as in S5 me lies, re8j;ectfully 6oUcii the cooperation of all parties and pereors toward the prosperity and salvation of the Oka Indians. In concluding this review of the Oka question, \fi accord- ance with the wish of the Superintendent-General of In- dian affairs, I desire to say that I do not for a moment suppose that any new information is communicated to the Department. My design has been te present the conclu- sions I have been compelled to draw, after a careful exami- nation of the facts and documents before me, relating to the matter. 1 pretend to no legal attainments, but have applied what ordinary knowledge I possess with a view to the settlement of intricate and difficult questions. If any thing herein expressed shall in any measure contribute to that end, it will afford me great gratification, being persuaded, as before intimated, that the longer the aflairs of the Oka Indians remain in their present condition the greater the danger to all the parties concerned in them. NoTE.-rocuments referred to or cited In the foregoing remarks : Donation deed to the Seminary, dated 9tli March. IWiS. Deed of Con- cession to the Seminary of St. Sulpice, 27th April, 1718, and that of 1st March, 1735, both from the King of France, \rticles of Capilulatlou, 1759-60. Treaty of Peace, 17(53. Debates of the British Parliament, 1810. Opinion oi- Judge Badgiey. 7th May, 1878. Report of the Minister of Jus- ticeto Hon. David Mills. Minutes of the Privy Council of Quebec, Ifitli April, 1789, and those of the 21st March, 1789. Feport of Royal Commis- sioners, 1834-5. A contribution to a proper understanding of the Olta Question, and a help to its .-quitable and speedy settlement. By Beta: Montreal, 1879. The Treaties of Canada with the Indians of Manitoba, Ac. by the Hon. Alexander Morris. Ryerson's Loyalists of America. Gaineau's History of Canada. Memoirs of the Seminary of St. Sulpice. Report of gpecial Coramlsslon, 1*36. Parliamentary History of England, Vol. 17, Ac, Ac, Ac. 56 POSTSCRIPT. >♦• i 1 Nearly a whole year has elapsed since the foregoing com- munication was made to the Department. Within that period I have had the honour of bearing conciliatory despatches for the information of the Indians, given at their request, and have fully explained their meaning and intent.* The one bearing the signlitare of the Superintendent General of Indian Affairs, sets forth very clearly the status of the Indians on the Seigniory, and the other, signed by the Deputy of the Superintendent General, contained the arrangements made for the benetit of the Indians when they would remove to another location. In respect to each of the visits these documents required, I have made a separate Report to the Department. I wish to express my thanks that these documents were prepared and sent. Notwithstanding the many occasions since 1868 on which the Indians have been informed as to their legal position relative to the territory, they have continued to profess ignorance, or lack of information, and the public has been led so to think. That can no longer hold good. As far as I know, they have long ago, as well as now, received all the information it was in the power of the Government to give.f Having had many opportunities of correspond- ence with the Department in behalf of the Oka people, I am bound to say that scrupulous attention has been paid to thoir wants and wishes. Nothing has been left undone, which could properly be done, to ensure their peace and welfare. I had hoped by this time the Indians remaining •Bee Appendix (1), tSM Appendix (a). 5T at Oka would have so considered their situation that they would have yielded to the convictions of the Department, and the wishes of their best friends, and would therefore have begun to make preparations for a change of residence. I regret to find from recent pei'sonal intercourse with the Chiefs and people of Oka that arguments and persuasioBs seem to be of no avail. They do not regard any opinions given as to their rights of lorritory, and they still wish to act on the notion that they own the domain. It would appear as though they were advised not to consent to the arrangements made for their occupation of a I'eserve set apart for their exclusive benefit. The Chiefs and principal men declare that they will not go to Mus- koka, because, as they say, they were never con- sulted in the selection of the location. They do not believe the favorable reports made as to the comfortable condition of those Indians who have remaved. Even if the reserve is all that its friends represent, they decline t identity themselves with those who, without proper consultation, assented to accept the location and separated from their brethren. The situation is one of great gravity, and the gravity is augmented by more recent events, which 1 have reported to the Department, and to which I solicit your serious attention. The sense of justice or injustice seems to be wonderfully developed, and it may not be easy to find a way of conciliation in regard to what the Indians consider primary faults in dealing with their interests. I I'ecord the impressions made on my mind from a fi-ee and frequent intercourse with the Indians, having no motive to serve bot what comports with their welfare, coupled with a strong desire that the policy of the administration should be understood and accepted. r^ 58 As to the right or title of |the glndians^J^to the lands ok witich they reside, after fuller consideration I have na change to make in the views expressed in the preceding communication. Yet I most earnestly wish the gentlemen of the Seminary may not miscalculate their powers and pre- rogatives in this grave situation. In the arrangement with the Government there is a term of four years specified within which the Indians may avail themselves of the terms and conditions offered. Hasty and unwise limitationB of privileges as regards the Indians are to be deprecated. It would be greatly to the credit of the Seminary, and very much conduce to the comfort and peace of the community, if the directors could see their way to offer better terms to the Indians with a view to their removal. If that removal is so very important a matter ; and would add, as doubtless they suppose, to the value of their estates, a few thousand dollars should not be begrudged in order to accomplish their wishes. The Government of the Dominion has no right to be perplexed and annoyed in this matter of money, when the whole immense resources of the Seminary are con- sidered, and considered too in respect to the purposes for which the lands were originally granted. As I have shown, these lands were not granted to the Indians, but it is equally certain that they were granted with reference to their salvation and civilization. These properties have be- come immensely valuable, not through any special skill or expenditure of capital by the Seminary, but in the order of that Divine Providence which has presided over the destinies of this great Dominion. It is held, therefore, that the Indians should share in the results of this providential de- velopment of values, and not be cut off with the mere peel- ings of so much rich fruit. Fifty or an hundred thousand • 59 aollars may eeem a large snm to apportion to the Indians as their share of untaxed advancement of values. The Seminary may not be persuaded of this, yet I will hope their present decisions may not be taken as a finality. It is to the interest of the gentlemen of the Seminary that they should reconsider the whole matter. They surely must have some respect for public opinion, and I speak confi- dently in the light of history, and in view of modern pro- gress, so called, which sometimes rung in strange courses and with great rapidity ; that the Seminary cannot afford to be indifferent to the voice of the multitude, which has respect for the claims of the aborigines of Canada. Legal lechmcalities do not affect the masses; they look to the equity of any disputed topic; There is a deep seated con- viction that although the Indians may not have a legal claim to the lands, as owners thereof, they are nevertheless entitled to compensation for the loss of lands which they had been led to suppose were set apart for their benefit. This does not apply merely to the small holdings in their posses- sion on the seigniory of the Lake of the Two Mountains, but to the whole vast territories held by the Seminary. The impression prevails that the Indians have an interest in all their estates, inasmuch as every deed and instrument of whatever sort granted by the kings of France and confirmed by the law of 1840, distinctly includes the Indians of New France, or of the Dominion as parties to be benefitted by the grants. Accumulations of wealth are not contemplated by the said grants, but the diffusion and continuance of benefits both temporal and spiritual. So runs the under- current of thought on this matter. The result of this kind of reasoning on the public mind is, that if the Seminary desires the'removal of the Indians, they should appropriate suflScient ^ 60 naiMns fot* that purpose^Hio that the families removed shall not have to endure all the hardships of pioneer life, bat shall be in a position at once to settle, with about the aaiue fitieasui'e of physical and social comfort they are now sup- posed to eDJoy. As to the Indians, it is a deeply seated convictioii tliat the present arrangements fm* removal and settlement are entirely i-nsufficient. I would thei'efore most earnestly but respectfully suggest to the Indian De})artment, the absolute necessity there exists for reopen- ing the question of compensation for improvements — the adjustment of the claims of the young men, and the special considera<.ion which should be given to the circumstances of the aged and the infirm. I cannot conclude this cori-espondence without the expression of my gratitude for the consideration which has been shown to me, whenever I have thought it my duty to make any representations to the Department concerning the Oka Indians. I most sincerely trust that the time is not distant when this long continued and perplexing question will be fitnally and satisfactorily adjusted. I have the honour to be, Your obedient servant, WILLIAM SCOTT. 61 APPENDIX (1). Ottawa, April 28th, 1882. Heyd. Sir, Eefei-ring to your letter of the 25th February last, in which you state that, at the urgent request of the Chiefs of the Oka Indians, you paid them a visit on the 10th of that month, and while there you attended a meeting of the Indians, at which the greater portion of the male members of the Band were i^resent, when you wore asked to represent to the Department the substance of their viewsi and wishes, which you have conveyed in your letter above referred to. In connection therewith you suggest that, as the chief cause of disaffection and trouble at Oka arises either from their not knowing their actual position relative to title or from not regarding the informatien given them relative thereto as of suflaeient authority, it would be expedient and wise to draw up a document stating the law as it now stands, and giving in clear terms the opinions of the law officers of the Crown in 1789, and in more recent times, in •egard to the Indian claims of title, and that it would then be proper for some one to be authorized to read and ex- plain the contents of the letter to the Indiana. I beg to tender you the thanks of the Department tor your valuable suggestion, and to say that, if convenient to yourself, the Department will be glad to avr.il itself of your services to read and explain to the Indians the accompanymg letter addressed to the Chiefs by Sir John MacdonaM, Superin- tendent-General of Indian Affairs, which gives, as suggested by you, the opinions from time to time of the law officers of the Crowp and the several decisions of the Government r ■:^ 62 in relation to tho Indian's alleged claims to proprietary rights in the land and timber, &c., in the Seigniory of the Lake of Two Mountains. The Department will be glad if you can conveniently proceed to Oka at an early date, and after assembling a Council of the Indians, read and explain to them the letter of the Superintendent-General of Indian Affairs. I have the honor to be, Revd. Sir, Your obedient servant, L. YANKOUGHNET, Deputy of the Supt.-Gen. of Revd. Wm. Scott, Indian Affairs, 1, Richmond Road, Ottawa, Ont. APPENDIX?!(2). Letter to the Indians. I, Richmond Road, Ottawa, 18th December, 1882. To THE Cheeps op Oka. My dear Brothers, I am glad to tell you that the Deputy of the Supei-inten- dent-General of Indian Affairs was very much pleased with your conduct while on your visit to Ottawa. You must also have been satisfied that he most sincerely desires your welfare, and you may be assured that the Government as a whole has only one wish respecting you and your people — that is your prosperity and happiness. 68 You must, however, have perceived that it is the desire of the Department that you should avail yourselves of the arrangements made in your behalf by the Government with the gentlemen of the Seminary, and proceed to the lands set apart for you in the township of Gibson. By moral suasion alone the Department endeavours to accomplish what is deemed best for you . After many years of agita- tion and litigation it is not ponsible for anybody to promino you and your people any better times, or hold out to you the hope of pertnanent peace and prosperity in your present settlements. As you have been oflScially informed, the lands of the Lake of Two Mountains on which you reside, are the property of the Seminary. They are not an Indian Eeserve, and the Government of the Dominion has no con- trol of them whatsoever. 1 mention these facts to you in this letter, because they determine the position of the Methodist Missionary Society at Oka. It is not possible for us to do what we wish for the religious and educational advantage of the people. We can hold no property there, and the past history of our mission must satisfy you that we are at any time liable to be disturbed. You, and we are informed that the privileges heretofore enjoyed cannot be much longer extended, and it becomes a matter of vital importance to you and your chil- dren, that you should consider the advantages which are offered to you, by your acceptance of the arrangement which has been explained to you. In so far as concerns the Missionary Society on the Gibson Reserve, we should be in a position to provide a suitable place of worship, and we should be able to co-operate with the Government for the better education and training of your children that they may become virtuous, useful and prosperous citizens. r^ Whereas, as you are now situated, neither the GovorLwient nor the MisHionaiy Society can do anything eflfectaaily for your advancement in any direction. I would, therefore, as a guardian of your interests and dottiring to see you peaceful and prosperous, offer to you for the seriou-^ consideration of Chiefs and people that advice which 1 am most deeply convinced will be for your ^ood. It is that you should consider the terms and con- ditions on which you will consent at once to vacate the lands you have occupied at Oka, and proceed to the Eeserve which has been set apart exclusively for your benefit. As far as I can see, there is no alternative. To remain where you are involves you and your best friends in embarrassing and perplexing uncertainties, while to accept the arrange- ments the Groveriiment has made and may make for you, opens up to y(m. and your children the prospect of peace and prosperity. There may arise difficulties and hardships, but with the blessing of God upon your industry and perse- verence, all these will be overcome. I beg you, therefore, earnestly and promptly, to take these matters into consideration. Having no motive in this writing, but what I believe consists with your present and everlasting welfare. I beg to subscribe myself, Your faithful friend, To the Chiefs J. Tiwisha, I. Antonion, M. Frett, Oka, P. Q. WM. SCOTT, 65 Ottawa, 26th December, 1882. BiVD. Sir, I beg to acknowledge with many thanks the receipt of your letter of the 18th instant, enclosing copy of one addressed by you to the Chiefs of Oka, relative to their proposed removal to the Reserve set apart for them in the Township of Gibson ; and I bog to inform you that the Department deeply appreciates the interest taken by you in the welfare of those Indians. I have the honor to be, Revd. sir. Your obedient servant, ROBT. SINCLAIR. For Deputy of the Supt.-Gen, of The Rstd. Wm. Scott, Indian Affairs. No. 1, Richmond Road, Ottawa, Ont. APPENDIX A. James Hughes, an Indian Superintendent, says : " Yesterday, the 28th instant (1838,) I had the honor of an interview with His Excellency " (Sir John Colborne) " in order to put a stop to the disputes pending between the principals of the Seminary and the said Indians. His Excellency is pleased to command that the Indians be desired (through the chief superintendent of the depart- .nent) to desist cutting more wood on the domain of the Seigniory of the Lake of Two Mountains without per- mission." 9 ■sipi 6h* From a letter to the Iroquois Chiefs and 'people, sent December, 1868, by Sii- Hootor Laugevin : "The Si^igniovy of the Lake of Two Mountains was granted in the year 1*7 IP, by the King of France, to the gentlemen of the Sominary of St. Sulpice, i\\v\ the title, which has been recognized by Act of Parliament, is such as gives to that body the absolute ownership thereof, and, coneequently. the Indiantj have no right of property in the seigniory." " With regard to timber, it ia found from explanations given by the Superior of the Seminary, that tho Indians are allowed lo cut such wood as thoy require for fuel and tor building purposes, but are not permitted to cut wood for sale/* Judge Coursol to the Indians of Oka in 1869 : "During the course of my conversation with the chiefs, I told them of the imprudence of their words, of the danger of theii- couduct, of the illegality of their acts, and of the penalties and fines to which they would infallibly be ex- posed if they persisted uj on taking or advising the Indians to take po8sef»sion of *andH which did not belong to them, the present proprietors of which had been in possession and enjoyment of the same before and ever since tho con- quest, and whose rights and titles had so often been recog- nized by the tribunals of this country." 61 APPENDIX B. Viscount Melbourne, during tlie debate in the House of Lords, said : " I do say, therefore, notwithatandinor any letical or specu- lative opinions that may have been htizurded upon the Hub- ject, that if this continued possei^sion of those properties by the Seminary of St. Suli>ice, an 1 this continued and com- plete exercise of tho^e rii^hts are not to be considered as a settled and a fixed posHcssion, there is nothing settled or fixed in the atfairM of mankind. If this in not to constitute a recognition of an'le. Here are denunciations of Governments, and descriptions of persons and proceedings ; together with claims of right, utterly unworihy of a Christian body, unless supported by indisj»utnblo aad authoritative evidence. In my report to the Superintendent-General of Indian Affairs I had no design to refute the inaccuracies of that resolution or of the memorial to Her Majesty. In fact 1 never thought of them when examining the question for myself, and therefor it is with the greater contidence that I commend to your candid consideration the report which accompanies this letter. Besides, can any body for a moment suppose that phrase- ology such as is found in the above resolution vvas in the least degree likely to promote a settlement of the claims of ^ hi» ^ Ml the Indiang or incline the insulted partios to listen to ap- peals for redross of alleged wrongs. As a matter of fact the reverse was the case. There could be no confidence in men who thuH rashly attacked the authorities of the Do- minion. For a period often years at least we were as a Church in a false poHition, and could not expect to help the Indians to obtain a recognition of their just claims and un- doubted rights. The views I have expressed in my Report to the R'ght Honorable Superintendent General of Indian affairs, are of as much consequence to the Methodist Missionary Society as they are to the Head of the Government. Tlie Indians have, as we all know, become divided. Those who remain at Oka are fully entitled to our consideration, for they remained faithful to the Methodist Church throughout all the contentions and disputes of the past years, liut the time has arrived wheu it is absolutely necessary to consider our position. Wo have no right to be obliged to incur the expense of sustaining two missions and throe or four schools for these Indians. At present those at Oka decline to settle on the Gibson reserve, yet I am not without hope that they may see it for their real and permanent welfare to accede to the arrangements of iiie Government made in their behalf. And I believe it is our duty to co-operate with the govern- ment in carrying out its policy, and that with all possible despatch. I have good reason to know that further delay will not advance the interests of the Indians, nor will it promote the cause of the Supreme Head of the Church — Our Lord Jesus Christ. Yours very truly, William Scott, Ottawa, 7th February, 1883.