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32X

■CjC^

"Ko

STATEMENT OP PACTS

Connected with the claim of the Family

OF THE

LATE HON. COLONEL CLAUS

A TRACT OF LAHD

On ihc Grand River, Niagara District,

Surrendered

BY THE INDIANS OP THE SIX NATIONS

TO HIS USE ;

And of the Kcfusal of the Provincial Government

TO CONFIRM TH« SAME.

1839.

T. 8EWELL, PRINTER, NIAGARA.

^pujv-c^^ \si<:^^.jL.4^^.^-'^^ ^^/jL^ ,C, UJ

J'Vo •

1239

STATEMENT ^c;

To Hi3 Excellency, The Right Honorable the Governor-
Generalf His Excellency, the Lieutenant Governor, The
Honorable, the Members of the Legislative Council, and
the Honorable, the Members of the House of Assembly^
in Parliament of the Province of Upper Canada^
Assembled

The following pages containing a statement of the circum-
stances relating to the claim of the family of the late Honor-
able Colonel William Glaus, to a tract of land on the Grand
River, surrendered by the Six Nations of Indians for the be-
nefit of him and his heirs ; and of the refusal of the Execu-
tive Government of this Province to confirm the same ; are
most respectfully addressed, in the confident expectation,
that the Legislature will (if the facts therein stated, be upon
due investigation, found to be true,) take such steps, as in
their wisdom, will most eflTectually tend to the attainment of
Justice.

In thus most reluctantly submitting their case, in the pre-
sent distracted state of the country, for the consideration of
Parliament, after 13 years of patient but vain efforts, St of al-
ternate hopes and fears, of obtaining from Government that
Justice they conceive themselves entitled to — the family of
the late Colonel Clans disclaim in the most positive terms
any other motive than the desire and determination, if possi-
ble, of having a fair, open and impartial investigation of their
claim; divested alike from the prejudice arising from previous
adverse decisions, and of whatever else, of an exparte nature,
that heretofore might have had an undue tendency,to prevent
a favorable result.

In the first place, the family begs to submit for the perusal
of the reader, the circumstances under which, the surrender,
which forms the subject of these pages, was made, with the
reasons for its confirmation — And in the second place, the
facts and documents connected with the various steps, from
time to time, taken,to induce Government to confirm the same.

On the 15th January 1798. in conjunction with the late Da-
vid Wm. Smith and Alex. Stewart Esquires, the late Colonel
Claus was, with the sanction of Government, appointed Trus-
tee to manage their private affairs, by the Six Nations of In-
dians, residing on the Grand River — the two former gentle-
men holding no situations in the Indian Department and re-
ceiving no salaries as such Trustees, withdrew their names
from the Trusfin 1804. the duties of which having during the
whole period been exclusively performed by Colonel Claua
and from thence, continued to be, until his death, in ia£6.

In this capacity, it became, from time to time, his duty, in

order to raise money for the benefit of the Indians, (it being
found even then, that they could not exclusively depend upon
hunting for the means of subsistence) to effect sales of their
lands,in various proportions, to the amount of 270,000. acres ;
and upon receipt of the monies arising therefrom, to negotiate
bills of Exchange, v^^ith a view to placing the amount in the
British Funds ; and when, from the limited commerce of the
Province, bills could not at all times be procured, to place such
sums as remained unfunded,at interest,andtaking securities for
the same ; to draw annually the amount of the interest ac-
cruing,and to distribute the same equally among the individuals
of the different tribes ; to keep the accounts incidental to such
various transactions, besides being frequently called upon to
give his attendance at their private Councils, explaining, ad-
vising and directing, in all matters of any moment, connected
with their private affairs.

These formed some of the principal duties that devolved
upon him as Trustee; duties altogether separate from those
appertaining to his appointment of Deputy Superintendant
General of Indian Affairs; (an Appointment chiefly of a mili-
tary nature) and which he disch?u'ged to the entire satisfac-
tion of the Indians to the day of i« s death; and for which, nei-
ther he nor his family, ever received any compensation.

To the Indians themselvep, is not to be ascribed, however,
the withholding of a just compensation ; for often did they,
during his life, desire to make him a suitable remuneration in
land, which he,as often,poBtponed accepting, until he saw him-
self sinking into the grave, and about to leave a numerous

family behind, in embarrassed circumstances. It was not. un,
til then, that he felt himself impelled to call upon them, to ful-
fil and make good their repeated promises and offers : when
cheerfully did they respond to the call : and on the Sd and
4th days of Aug. 1826, (a stated quantity having been some
time previous agreed upon and a survey made accordingly, at
which several Indians assisted,)54 Chiefs, with the sanction of
Sir Peregrine Maitland, the then Lieut, Governor, in one of
their most numerous Councils, in the most solemn and formal
manner, in presence of Officers both Civil and Military, execu-
ted, at Niagara, a surrender of a tract of 15,360. acres, to his
Majesty, to the use of the said Colonel Claus, his heirs and
Assigns.

This Grant, at first view, may appear large ; but when it is
considered that,at the time,the land was not worth 5s. an acre,
that £150, per annum, was as low a salary as could possibly
be offered, it will be found that, for 28 years services, it could
not well be less, it being very little more than five per cent,
upon the quantity of land disposed of, by the Indians, during
l]is incumbency ; and no greater per centage, it is believed,
than has been allowed to Surveyors for their Surveys of
Townships.

It is true, that through the instrumentality of designing
men, some of those chiefs have since swerved from this their
solemn actand deed ; and thatGovernment has refused to con-
firm the same : but surely, in the estimation of^every unpreju-
diced person,the injury done the family will nut therefore ap-
pear the less; especially when it is knQwn,that His Excellency,

Sir George Arthur, so entirely convinced himself by personal
investigation, when on the Grand River, a year or two ago, of
the equity and fairness of the whole transaction, that he did
not hesitate to express himself accordingly; and to declare,
that the only point upon which he had any doubt was as to
the right of the Indians to make any surrenderor grant what-
ever of their lands; to which doubt has since been superadded,
that the surrender in question, had not been executed by all
the Chiefs of the Six Nations — a formality, which it is boldly
asserted, has never in any one instance of the various surren-
ders sanctioned by Government, been complied with. la
vain, has it been urged, that of all the grants made by the In
dians,this,alone, remains unrecognized and unconfirmed; while
none other had received the sanction of a greater majority of
the Chiefs, or been executed with greater solemnity,formality
and publicity; and that these objections had never been raised
to any former grants, how informal or void of consideration
soever, they may have been : not even to those made by
Capt. Brant, their Agent, nor those made, at the very same
Council with the one in question, all have been confirmed
without either questioning the right of the Indians to dispose
of their lands or their delegation of that right to an indivi-
dual, with the exception of tiiis one solitary instance. For on
the one hand, no matter, what informality or deficiency, how-
ever doubtful the authority or want of consideration,may have
appeared, yet such formed no impediment to the confirmation
of all other grants, mnde,by or in the name of these Nations —
while,on the other hand, no matter how clear and equitable so-
ever, the case may have been made out in point of coneidera-

F '

tion ; or with what formality and solemnity soever the sur-
render may have been attended ; all efforts to obtain its con-
firmation, have, nevertheless, hitherto proved, vain and but a
waste of time and means. And why ? it may be asked.—
For no other reason known to the family, than simply because
it does not appear expedient ; and that because Lord Dal-
housie and a former Lieut, Gov. gave it their opposition, the

Successors of the latter seem to avoid the responsibility of
deciding differently — (at least, in the absence of all knowledge
of any substantial objection; and that opposition,being so dwelt
upon, as a ground fornon-confirmation,the family can arrive at
no other conclusion) ; while no regard whatever appears to be
paid to the views and wishes of Sir Peregrine Maitland, under
whose sanction the grant was made, and who,being on the spot
at the time, could best judge of its propriety,and so unlike that
grand principle of the Trial by Jury " that no previous deci-
sion shall influence or prejudice a subsequent one." — To which
tribunal the family would most gladly submit the case for de-
cision, if it were in their power to do so.

But it may be asked — did not the duties'of Trustee form part
of those of the ofRce of Deputy Superintendant General, for
which,Col. Claus received a salary of £600 per annum ? It is vc .
ry true that if upon accepting this last appointnfientin 1796,
those duties were declared or understood,to belongto theOfTice,
it is probable, he would not have dechned the situation on that
account, but when a new appointment came to be made, un-
connected with that situation and emanating from a difFerent
source, viz. from the Indians themselves : and which it waa

ir-

)n-

optional with him to accept or decline ; and in the acceptance
of which there never was any understanding expressed or im-
plied, that the duties of both were to be performed for the same
Salary — (indeed the reverse is manifest from the Indians hav-
ing it always in contemplation to remunerate him for his ser-
vices as Trustee) — ^the impropriety of identifying one situa-
tion with the other, cannot fail to appear to the reader : and
more particularly, when he is aware that upon Col. Glaus
death, the situation of Trustee,instead of devolving upon any
of the officers of the Indian Department, was conferred upon
his son, Mr. John Glaus and after him, upon Mr. Hepburno,
with a Salary, neither of whom ever held any appointment in
that Department— thereby plainly shewing that the situations
were never considered identical — ^But should any doubt still
exist in the mind of the reader on this head, the writer begs
to suppose a case, viz; that Col. Claus, having his choice to
accept or decline the Office of Trustee, without any diminu-
tion of his salary as, or prejudice to his appointment of,
Deputy Superintendant General, had decUned the same;
and that either of those Gentlemen, who had been originally
associated with him in the Trust, had discharged its duties
for 28 years, it is submitted, whether Government could, un-
der these circumstances, with the slightest shadow of pro-
priety, refuse to confirm a surrender for a similar tract in fav-
or of him, who might have so discharged the same — and if not
then, as Col. Claus' holding the appointment of Deputy Su-
perintendant General, cannot lessen the justice of the claim,
why should the confirmation of the Surrender in his favour,
be denied.

And as regards his Salary— Who is there, considering Col.
Claus' position, not only as Deputy Superintendant General
of Indian affairs, in the Upper Province,(a situation consider-
ed purely military,) through whom all Indian matters, through
out the same, were transacted with the Commander of the
Forces, therein ; but also that he wasa memberof thel^egis-
lative and Executive Councils ; that he was called upon, in
consequence, to exercise hospitality towards almost all persons
of consideration visiting Niagara ; and as regards the Indians
themselves, that his house was ever open to them ; consider-
ing these facts and bearing in niiud, the Salaries received by
other heads of Departments, who is there can for a moment
imagine,that £600 per annum,was so far above what was rea-
sonable and just, that he could be expected to discharge also
the duties of Trustee, without any prospect of further remu-
neration ! And if to these considerations be added, that his
family, from the time of his grandfather,Sir William Johnson,
had been in intimate official connexion and on terms of the
most friendly intercourse with the Indians, (S& alluded to in
the preamble as an inducing motive to the Grant;) that, that
family had sustained heavy losses by its adherence to the Roy-
al cause, during the American Revolution ; that even the pit-
tance of a pension had been denied his widow, to support her
in her old age, while the widows of others, who had been in
the Department, had been more fortunate— considering all
these factp, who is there free from prejudice and with a just
sense of right and wrong, can, for a moment, hesitate topro-
nounce their case a hardship &t a grievance? And yet.strange to
say that while their just rights have been thus '"ithhcld for the

space of 13 years, one of the reasons advanced as a ground
of refusal, is, that latterly the land has become too valuable to
grant in so large a quantity, when in equity and right, it ceased
to belong to the Indians, long before this fact could, in truth,
be stated— It has also been asserted, as another ground, that
Col. Claus died indebted to the Indians; which however true,
it is not the less so, that the debt has long since been fully sa-
tisfied and cancelled, to the entire satisfaction of Government.
Of the various steps, which, from time,to time,have been ta-
ken to induce Government to confirm the Surrender in ques-
tion, it would be occupying the attention of the reader too
much to enter into a minute detail, — suffice it to 6tate,that as
early as December 1822, (as appears by Major Hillier's reply
marked in the Appendix No. 1.) Col Claus was informed, in
reply to a memorial respecting a grant of land from the In-
dians for his services as Trustee, that "His Excellency, the
''Lieut.Gov. (Sir Peregrine Maitland) would have pleasure
<< in recommending his Memorial to the favorable consideration
<* of His Majesty's Government, and would, in the mean time,
'* provisionally sanction his acceptance of a grant of land from
« the Indians of the Five Nations." Comparing the date of
this communication with that of the surrender ; (viz. August
1826, four years later,) it will readily be perceived, that the
Grant was uot hurriedly got up nor the Indians taken by sur-
prise. From this period, all further steps, towards obtaining
a surrender, were postponed, waiting,as is supposed the result
of the Memorial to Earl Bathurst, the Colonial Secretary,
which, as appears from Major Hillier's note of the Slst July
18SC, (marked No. 2.) had been forwarded with His Excel-

1 5

'■ t

hncy's favorable recommendation to which it does'not ap*
pear that any answer had ever been received. Upon receipt
of this note, as Col. Claus was in a very delicate state of health
without the slightest prospect of recovery, it was deemed pru-
dent, without any further delay^to obtain,at all events, the sur-
render of the contemplated Tract, according to the survey
made thereof, some time previous, (with the knowledge of all
and assistance of some of the chiefs,) Accordingly on the Srd
and 4th of August following, the surrender, (marked No. S.)
was executed as above stated ; and by a Petition, dated the
14th of the same month acquainting the Lieut. Gov. of its ex-
ecntion,Col. Claus prayed his Excellency to confirm the samei
without reference to the home Government, as he was anxious
to setcle his worldly affairs,prior to his dissolution, which he
felt was near at hand. With this prayer His Excellency did
not feel himself authorised to comply, but, in conformity with
his promise of recommending the grant, forwarded the Peti-
lion to Earl Bathurst, accompanied by a Despatch, dated 30th
September 18£6,No.41,(acopy of which,has been denied the fa-
mily,) recommending the confirmation of the grant to His
Lordship. To this Despatch, it does not appear that any an-
swer has ever been received* Whether it was, from the
circumstance, that these Despatches having to be forwarded
through Lord Dalhousie, then Governor General, he (with
whom at the time all Indian matters were transacted so far as
couldbe in this country, and who,from the first, had been pre-
judiced against the grant, it is apprehended,by misrepresenta-
tions of various kinds and from various quarters,) may,perhap0
never have transmitted the same; or from some other cause is

tap*
ceipt
lealth
|d pru-
e sur-
lurvey
of all
he Srd
0. S.)
ed the
its ex-
|e samef
nxk)U8
hich he
ncy did
ity with
he Peti-
ed dOth
d the fa-
; to His
any an-
'om the
rwarded
he (with
far as
5cn pre-
reBenta-
iperhaps
cause in

not known to the family. In the mean time Sir Peregrine
Maitland was succeeded by Sir John Colborne in 18£3 who,uL
once, imbibed opinions unfavorable to the Grant, which h^^
continued to entertain^ until within a short time previous to his
departure, when he seems to have viewed the subject in a some
what different light, as appears by Major Winniett's letter da-
ted February, 1830, (marked No 4.) wherein he informed
Alexander Stewart, Esq., that he had His Excellency's author-
ity to recommend to the Indians their granting- the family
5000 acres, but before anything further could be done; flis
Excellency was succeeded by Sir Francis Bond Head vvIjo
reduced this offer of 5000 acres, to 1000, stating that no
more was ever intended; and upon its being refused by
the family, totally set his face against giving the claim any
further consideration. Thus matters stood Vv^hen His Excel-
lency Sir George Arthur assumed the Government ; wiio
upon the subject being laid before him seemed to enter more
fully into its consideration ; and at an Indian Council held
shortly after, by personal investigation and examination of ma-
ny of the Ci'iiefs satisfied himself fully, not only of the genu-
ineness of the surrender, (which seemed to be qiicstioncd by
his Predecessors) but of the equity and justice of the grounds
upon which it was made — in so much that not only the fimily
but every person acquainted vvith wiiat had taken place felt
satisfied that the question .\ as at last settled and that a very
short time would elapse prior to the issuing of the Patent —
The family felt the more sanguine on this head from t!)e fact
that a person, liigh in iiuthonty, having some tinjc prcviou^i
given Mr, Warren Ciaus to undcrstaiid that if the Indiana

i .: ■'

■ i , i

■?:!:,

{•- [

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I. •

I. n

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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
'&

led
e-
as
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

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,

Sir,

APPENDIX.

(No. 1.)

Government House, ")
York, December 28rn, 1022. /

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-

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,

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,

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*

Sijined, Sealed and delivered in

u ■■

)resence of,

Si<rnp(

1,)
Dn. MACKAY,

Capt. 70l1i Foot, Com'

" JAMES WlClvENS,

(Here follow He Signatures
and Seals of 54 Chiefs.)

((

Dy. Assist. Com'y, Gen'l
JOHN MUNRO,
Assistant StafT Surg'n.
A. GARRETT,
Lieut, lialf pay 49th Reg't.

Barrack Master.
THO^S, H/VNDCOCK.
Act'g. Ciiap. to liie Fur's &c.
D. CAMERON,
Secretary and Regis*r.
J. B. CLENCH,
Clerk, Indian Affairs.
BEN. FAIRCHILD,
Inter'r hid. Dep't.
ALEX. STEW AT.

(No. 4.)

BiiANTroRD, l^t Fcbruarr, 1S30.
Sir.

I be:,' to apprize yon, that I have L^een Tlis Exce]k?ncy, Sir
Jolm Cc»ll)orMe, since you weie here, lie ha^^' aiulicni/ed Uic in
icconiniciRl to the Indians, their graiUino- to the Clans lamily,
live ihoiiband acres of land. Should this be satisfactory, jiray
let nie know, and 1 will convene an Indian Council and make
liie proposal to them ; and i^ive you information of the day when
i.ueh council \v\\\ assemble and where.

1 am, Sir. your most obedient,
Humble servant.
(Signed,) JAS. WINNIETT.

S. .1 A.
Ar.nxANnEa ST::v,-*.nT E.^jci.

SinJ

rele

thel

dial

ern|

yoi

tiol
lh(

Sin,

As the
ret'errin":

(No. 5.)

NiAGARi, 22nd July, 1839.

view which the Provincial Gorernment may take on
the claim of the Family of the late Colonel Claus, to
tlie grant of Land on the Grand River, made to him by the In-
dians, will, no doubt, influence the decision of the Imperial Gov-
ernment, on the question, I hope you will pardon my addressing
you, at some length, on a matter of such vital importance to the
"interests of that much injured family ; and calling your atten-
tion to such observations as the occasion of the interview, I had
the honor of having with you, a few days ago, may suggest.

From all I could learn on that occasion, it appeared to me^
that of the various objections, which have, from time to time, been
put forth, that of the surrender not being executed by all the chiefs,
is at present, most dwelt upon. This objection was, I believe^
never before urged ; and when first mentioned to me, about a
month or two ag^ , did surprize me not a little. I have since en-
quired, if such were the case ; and have learned that out of an
aggregate of 60 Chiefs, (the whole number on the Grand River,)
no fewer than 54 had executed it, a far greater majority, I am
led to assert, than ever executed any surrender or grant made be-
fore or since ; not even excepting those made to government.
It therefore, cannot be considered otherwise than hard, that a for
mality never before insisted upon, should in the instance of this
much aggrieved family, be urged as fatal to their interests ; par-
ticularly, as I am informed, when almost all of the few, wiu)
might have then hesitated, either wished to execute the surrender
afterwards or expressed their opinion, that as the grant had been
made, and'the faith of the nations pledged, it ought to be confirm-
ed. If, however, His Excellency in his dispatch on the subject,
should think proper to dwell on this point, I humbly suggest, that
it would be but just, at the same time to state, that such formality
was never before insisted upon ; that other surrenders made at the
very same Council, having precisely the same objection, have
been confirmed ; and that all the Leases made by the late Captain
Brant, the agent of the Indians, have also been confirmed; and
that too, without any proof being required, that in making those
Leases, he had acted on the unanimous authority of the Chiefs;
or that they had been made upon sufhcient consideration. Indeed
if such unanimity were required, it would be utterly impossible,
ever to obtain a grant from them, as those who might consent to-
day would object to-morrow; and vice versa. It seems to me,
that with a view to the justice of the case, the question is suscep-
tible of being narrowed into tliese three points, viz ;

f
1

Isf, Whether there were extra services to warrant an extra
re imuie ration.

'2nd. AVhether the remuneration intended to be giren, did not
exceed what in reason might have been expected 1 and —

3rd. whether the surrender was duly executed and free from
deception 1 Now if these three questions can be satisfactorily
answered with a view to the confirmation of the grant, then, in
my opinion, it ought to be confirmed, if otherwise, all further pro-
secution of the matter should be abandoned. It is not my inten-
tion in trying to make out a case for the family to go into any
thing like the extent of what might be said on these points; as
every thing that can almost be said, is already in one shape or
other, before the Government; but shall content myself, with
merely slating, with respect to the first point. — That for 28 years,
Col. Glaus performed services of the nature of those, for which,
Mr. Hepburn, at present, receives a salary ; which were never,
no more than they are now, considered, as identical with the du-
ties of Superintendant ; and that if the principle of receiving a
salary as superintendant, wereto exclude him from remuneration
as Trustee, then, any extent of duty, may be imposed upon the
same officer, without any increase of remuneration, and no person
could be recognised as entitled to receive compensation in more
than one capacity; and then it would be seen how few holding
office, would escape the consequence of such a principle. — With
respect to tlie second point, — I would merely observe, that even
placing Col. Glaus' services on a footing with those of Mr. Hep-
burne, in point of salary and valuing the land according toils
value, at the time of making the surrender, (apart-altogetherfrom
tiie consideration of interest.) I have little hesitation in stating
that the quantity of Land surrendered, would fall short of the a-
mount, Col. Glaus would be justly entitled to. — And with res-
pect to the third point,— that His Excellency, while last year, at the
Grand River, convinced himself, not only, that the surrender,
was duly executed, but that the claim itself was a just one. It
may, however, be said, that the quantity of Land exceeded the
number of acres mentioned in the surrender. In reply to which,
I would simply observe that the tract was given in miles, and not
in acres; that many of the Indians assisted, at the survey months
before ; that the boundaries were perfectly understood and that
Col. Glaus at the time gave a Bond to reconvey to such Indians
as were settled on the Tract, certain portions of land amounting
to several thousand acres. But as it has also been said, that the
opposition of Lord Dalhousie and Sir John Golborne, was stu-
diously concealed from His Excellency; and lest such conceal-
ment should have been intended as having been clandestinely at-

■ »

an extra

I, did not

iree from
ifactorily
then, ill
fther pro-
ly inten-
into any
loints; as
shape or
elf, with
28 years,
)r which,
re never,
h the du-
ceiving a
uneration
upon the
no person
I in more
. holding^
e.— With
that even
Mr. Hep-
ing to its
therfrom
in stating
t of the a-
wilh res-
'ar, at the
iirrender,
one. It
jeded the
.0 which,
;, and not
/ months
and that
Indians
noun ting
, that the
was stu-
conceal-
incly at-

templed by the family; I feci myself called u})on to slate, that
v,iich could never have been conlen)]>lated ; 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

; ..

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

at pre-
Imost lo
iject has
'ncil,an(i
from the
extent is
efeatthat
her im-
different
had on

)een now
Jympathy
the para-

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