IMAGE EVALUATION TEST TARGET (MT-3) V %? ^ ^^ ^d ^ 1.0 I.I 1.25 £ tiS, 12.0 12.2 1.4 IIIIIJA 111^ HioiDgraphic ^Sciences Corporation 33 WIST MAIN STRUT WHSTIt.N.Y. 14310 (7U)t73-4)0S - Wt ('! ^ h 14 could be got to rcacknowledge the surrender, all further diffi- culty would be removed. His Excellency having returned to the seat of Government with this favorable impression re- ferred the subject to the Honorable the Executive Council) as a mere matter of form as was supposed) previous to the Pa- tent issuing. But that Hon. Board from one cause or other, put off from day to day, and Council to Council taking it inta consideration until January 1839, when at last a report was a- greed to (a copy of which was refused the family.) Tliia document which is supposed favorable was referred to the At- t'y-General for his report, whence arose another delay of sev- eral months, to which the family was however disposed to be reconciled, as one of its members was confidently assured by a high functionary that the Grant would be confirmed. The Attorney-General's report having also been sent in, Mr. Lyons wdled on Mr. Harrison, Private Secretary , to learn wliat determination the Government had come to, when after a long interview he retired with the information that the case would be submitted Home ; and that although the accompa- nying Despatch could not be prepared for the then next trip of the Great Western, it certainly would be forwarded by the next steamer— In consequence of this information Mr. Lyons addressed the communication marked No. 5. to Mr, Harri- son, with the view of laying the question before the Provin- cial Government in what he considered its proper light, pre- vious to its being referred to the Home Government ; and the following daj', as it was deemed advisable that one of the fa- mily should at the same time proceed to England, the commu- nication marked No, G, was addressed to the Private Secreta- d '& 15 led e- as a- r, Ho a- iia t- V- he by he ry asking for copies of the principal documents connected with the case, as without such, it would be useless to at- tempt any thing further. To these Mr. Lyons received the reply marked No. 7. dated 29th July 1839. not only deny- ing, to the utter amazement of the family, all claim, but refu- sing to give copies of the required documents. Upon receipt of this communication all idea of deputing any person to proceed Home on the subject, was abandoned as without the necessary documents it would be only a waste of time attended with an expense more than the family could with such slender prospects of success in prudence in- cur. Nor was it deemed of any advantage to transmit, as sug- gested, a memorial through his Excellency, so long as he en* tertained opinions adverse to its success — Indeed the offer to transmit such a document was considered as but ill accord* ing with the previous and subsequent parts of Mr. Ilarrison^a communication — It was therefore determined to bring the subject before the Provincial Legislature as the only remain* ing hope of obtaining Justice ; and thereupon a Petition hag been prepared addressed to that Body praying for an investiga* tion ; and that such steps might be taken as the ends of Jus* tice should demand. And in order to facilitate this investigation the foregoing statement has with the sanction of the family been drawn u p, for the information of those to whom it is addressed , previous however to conchiding which, the writer, upon the principle of the Golden Rule "of doing unto others as wo would bo done by," and in the name of that family, would fain solicit for it, an attentive perusal ; and that in any steps to be taken i 'H 16 on the subject, hopes they will be free from undue prejudice on one side or the other, and that a decision will be founded sim» ply on the merits of the case, when the family, if they are to judge from the favor with which it has heretofore been viewed by all persons of standing acquainted with the facts, will have nothing to apprehend for the result. All of which is most respectfully submitted, l;iir, :;:} We, whose names are hereunto subscribed, do hereby certify, that the foregoing Statement, has been drawn up, and published with our sanction and entire approbation. C. GLAUS, Widow, ] i» I W. GLAUS. Cath. a. M. LYONS, JOHN LYONS, Cath. C. STEWART, Wm. STEWART, AUGUSTA M. DIGKSON, WALTER H. DICKSON, JOHN \i. GEALE, 17 Sir, APPENDIX. (No. 1.) Government House, ") York, December 28rn, 1022. / 4h In reply to your letter of the 12th ult., addressed to the Lt. Governor, I have received His Excellency's commandb-, to acquaint you that conceiving you to be fairly entitled to a remuneration for your services as Trustee for the property of the Five Nations of Indians. He will have pleasure in re- comuiendin*^ your Memorial to the favourable Cc'nsideration of His Majesty's Government ; and will, in the mean time, provisionally sanction your acceptance of a grant of land from the Indians of the Five Nations. I have the honor to be, Sir, Your most ob't., Humble serv't, (Signed,) G. HILLIER. Hon. W. Claus. (No. 2 ) Cottage, 24th July, 1820. My Dear Colonel, I iiave spoken to His Excellency respcctiiio- your BTemorinl for lands fee, on account of your Trusteeship jVu* liie Indiant^, at the Grand River, and He tells me it avus for- warded to Lord Bathurst with his recognition of tiie Ju;:-tice hcj of the application and favourable recommcndalion. Yours (S:c., (SigncdJ G. HIIXIEn. Hox. W. Claus. (No. 3;^ To i\]\ to whom these presents shall conyo, — Wc the Sa- 18 chems and Chief Warriors of the Six Nations of Indians, inhabiting' and owning the lands situate, jyin": and bein^ on the Grand or River Ousc, in the County of llaldimand, in the Province of Upper Canada.— — SEXD GREETIXG,— Whereas Ilis late Majesty did by a rertain In- strument, bearing date the Twenty Fifth day of October, in tiiC year of our Lord One Thousand Seven Hundred and liighty Four, under the Hand and Seal of Sir Frederick Ilal- (lirnand, then Governor of Quebec, allot and grant unto u.«, upon the Banks of the said River, running' into Lake Erie, Six Miles deep from each side of the said river, beginning at Lake Erie and extending in that proportion to the head of the eaid river. And whereas the Honorable William Claus of the Town of Niagara, in the District of Niagara, hath been for the last thirty years our Trustee and hath during all that time, conduc. tod and managed our affairs with great advantage to our in- terests and made profitably available our money without any compensation from us whatever ; and We, the said Sachema mid Chiff Warriors, willing to attribute puch dismterested con- dnrt to feelings which have characterized his ancestors. Sir ^Vllllam Johnson and Sir John Johnson, towards our nations, besides his father, who served with us during the whole of the French War, as well as that of the rebellion ; and being more particularly able to be our friends, from speaking our languages »iid vvh(>, together with himself, have resided with and amongst Kh and guaided our interests with parental tsclicitude. — Where- fore, VVe, the said Sachems und Chief Warrior?, have this day, i!i p;encrai council of our nations,takon into consideration the long, arduous and faithful services, of our said Trustee ; a!id to pay and satisfy his just claim upon us and as the most touvcnitMit to ourselves aud as manifestation of our esteem and rratitude for the services of him and his ancestors, who liave always shewn themselves our steady friends and best hdviserri, unanimously determined to surrender, to His Majes- ty, to and for the use of the said WiHiani Claus, his heirs and urifligns, for ever, the tract of country hereinafter described, I 19 jinof (>n in the in In- ber, in led and k Hal. nto u.«, e Erie, ning- at 1 of the Town he last onduc, ur in- ut any achema ed con- 'is. Sir lations. 3 of the g" more nongfit Vhere- ve this eration istee ; e moBt 3steeni ', wlio 1 beat tfajcs- rs and ribed, I in order that the same may be confirmed to the said William Claus, his heirs and assiorns,by Letters Patent under the Great Seal of this Province. Now know ye, that for the said several good causes and weigiity considerations of the said claim of the said William Claus, upon ue, We, the said Sachems and Chef Warriors, have and each of us, hath, surrendered, relin- quished and yielded up ; and by these presents do, and each of us, doth surrender, relinquish and yield up, unto our Soverigu Lord, the present King's most Excellent Majesty,his heirs and successors, all that pracel or tract of land, situate, lying and being on the eoutli side of the said River and within the limits of our in part recited grant and in the county of Haldimand, in the District of Niagara^ and Province rf Upper Canada, containing by admeasurement, fifteen thousand three hundred and sixty acres, more or less, and which is butted and bounded or may be known as follows, that it is to say, commencing at a stake placed on the Indian line, between lots twenty two and twenty three, in the Township of Wulpole, about three ciiains, more or less, from the house of one I3ellov;s, a settler in Walpole; thence along the Indian line, on the said Town- ship of Walpole and Township of Rainham, South, sixty three degrees East, five hundred and eighty chains ; thence Nor(ii, twenty three degrees, East, or at right angles to the Indian line between the said Townships to the said Grand River,three hundred and seventy cliains,more or less; thence up the stream of the Grand River,the several courses and windings,to a stake on the Bank of the said River; thence South, tw'enty seven de- grees West, extending to the point of commencement; and all the estate, right, title, interest, claim, property and demand whatsoever, of us, the said Sachems and Chief Warriors, of in, to, or out of the same: or any part or parcel of the same ; For the express purpose and to the intent, that the same and every part thereof, may he confirmed by Letters Patent, from His Majesty, to the j^aid William Claus, his heirs and aa^ signs, for ever. In witness wiiereof. We, the caid Sacherns and Chief Warriors, of the said six nations, have in general Council, hereunto sot our hands and seals, thib third day of August, in the year of our Lord one thousand ei^ht hundred and twenty six. 1i* 20 Sijined, Sealed and delivered in u ■■ 1 )resence of, Silated ; and in proof of whicli, would merely beg to refer you to the memoiial presented lo Sir F. B. Head, i>v Mrs. Lyor.s. Indeed such an attempt would be perfectly absurd, for all His Excellency had to do, v/as simply to refer to any one of the othcers, of the department, to learn the true state of the case, even if such opposition, had not been allu- ded to in His Excellency's presence. I have thus presumed up- on the kmdnes, with which, you received me, when I had the lionor of calling uj)on you, lo address you to this extent, and hope that in laying the same before His ICxcellency, he will not deem itj from its length or matter, unworthy of perusal. 1 ha\e the honor to be, {Sir, Your most ob't, Ilumble serv't, (Signed,; JOHN LYONS. S. B, nARRisoN, Esa. p. Seottary. (No. 6.) Niagara, 23rd July, 1830. Sir, As it is deemed likely to be of the utmost advantage to the successful issue of the claim, respecting which, I had the honor of addressing you, yesterday, at some length, that some person, in ])ossession of certified copies of all the documents thai mate- 1 ially bear on the case, should, at once, proceed to England, while there are so many persons at present there, from this country, of tiie highest character, all friendly to the grant, from their convic- tion of its justice; may I take the liberty of requesting of you, to lay before His Excellency the Lieut. Governor, my respectful re- quest, on the part of the Family, for such copies and any remarks His Excellency may be pleased to make thereon, viz : of the re- port of the Executive Council made in January last, together with the documents upon which it was founded, as well as the Attor- ney General's report respecting the same. It being intended, if such can be obtained, and that His Excellency's remarks, (should he be pleased to make any,) be favourable, that some member of the family, shall immediately proceed Home on the subject. I need hardly disclaim any idea of wishing to influence, or in any wise interlere wilh any course Government may think proper lo pursue in the matter, as the sole object in making this application, is to take advantage of so many persons friendly to the interests ol '! I 24 ; .. the family, as regards the confirmation of the grant, being at pre- sent in England and from the apprehension, amomiting almost to a certainty, judging from past experience, that as the subject has again been referred to the Honorable the Executive Council, and as His Excellency is, I am informed, about to be absent from the Seat of Government, for some time, a delay of some extent is likely to be the consequence ; — calculated altogether to defeat that object. Should His Excellency deem this request as rather im- portuning, I trust he will be disposed to consider it in a different light, and think it time some definitive action should be had on the matter, when he is informed that the question has been now pending thirteen years, during which time, it is feared, sympathy in favour of the Indians, has absorbed the sense of the para- mount obligation of doing an act of Justice. I have the honor to be, Sir, Your most obe't, Humble serv't, (Signed,; JOHN LYONS. S. B. Harrison, Esa. P. Secretary. (No. 7.) Government House, ) 2i)ih July, 1839. J Sir, I have laid your several communications of the 22nd. ^ 23rd. Inst., before the Lieut. Governor, and I am directed by His Ex- cellency to inform you that at first he was certainly inclined to think that the claim of the Glaus Family, had some foundation; but after having given very attentive consideration to the subject, and conferred and communicated with His Excellency Sir John Colborne, His Excellency's mindbecame entirely divested of all idea of that kind. If, however, it isthe wish of the Claus Family to forward to the Home Government, any memorial on the sub- ject of their claim, His Excellency hcHs directed me to say, that he shall have great pleasure in forwarding it at once for considera- tion. His Excellency has also directed jme to say, in reply to your application, for the documents to wh ch yon refer, that it would be a most unusual course to furnish parlies with documents of that nature from the Public Oflices. They partake of the char- acter of Ofiicinl documents formed in the course of the investi- gation, which has taken place on vhe claim in question;— At the IS at pre- Imost lo iject has 'ncil,an(i from the extent is efeatthat her im- different had on 16 )een now Jympathy the para- 25 same time, His Excellency has desired mc to say, that he thinks, you are entitled to copies of any such documents as have been de- posited in the public offices by the Claus Family, in support of their claim ; and to that extent he will be happy to allow you, at your own expense, to take such copies, as may be required to frame your Memorial. I have the honor to be, Sir, Your most obedient, Humble Servant, (Signed;, S. B. HARRISON. Jonw Lyons, Esqihre, Niagara, NS. ■1 d. Sf 23rd. r His Ex- iclined to undalion; le subject. Sir John stcd of all LIS Family 11 tlie ,sub- ly, that he :onj>idera- y to your t it would iiricnis of the char- e in vest i- ;— Atthe