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ACCOUNT or THB PRO CE E D IN GS A ND DOINGS or THE 1 rxOVERNMEJ^T COMMISSIOiYERS, AGAINST THE UNFORTUNATE SETTLERS UPON THE INDIAN LANDS IN THE TOWNSHIPS OF TUSCARORA AND ONEIDA, 111 tlic Years of our l.ord I §46 and 1S47. 'tf^ ADOaESSEO TO THB SKTTLERS BY ONE OK THEMSELVES. Printed at the Gazette Office, Court House Square, Hannltcn. 1847. 1 if- ' . ■ < ! ;! I. ' ■ i ' 1 .-' - -■, I- . ' t_ , ' * V , I .1 ; » M n I.; mk IJN FORMATION FOR THE PUBLIC. Account of the proceedings and doings of the Government Commissioners against the unfortunate Settlers upon the Indian Lands in the Townships of Tuscarora and Oneida, in the years of our Lord 1846 and 1847. Addressed to the Settlers by one of themselves. The proceedings were commenced under the Statute 2nd Victoria, ch. 15, by information upon the oath of some Indians, and summonses were issued therefore, directed to the Settlers, calling upon them to appear in October last past, at cer- tain places therein mentioned. The Settlers, upon receiving these summonses, employed D. Fraser, Esq. Barrister of Hamilton, as their Counsel, first to memorialize the Government to put a stop to the proceedings until a full investigation could be had of their claims to the privilege of pre-emption, or to the full value of their improvements, and failing to obtain their request, to take all legal means to their defence. Our Counsel having written to Samuel P. Jarvis, Esquire, late Chief Superintendent over In- dian Affairs, requesting his attendance at the trials, received the following communication : Toronto, 31st Oct., 1846. Dear Sir, — I am just in receipt of your note, of yesterdays date, on the subject of^ the Ejectment suits, instituted against the Settlers on Indian Lands at the Grand River. It appears to me that I can be of no use personally to the Settlers, unless they compel the Commissioners to produce certain docu- ments to shew that the Government nor the In- dians ever contemplated removing them indiscrim- inately, and to do this, you should notify the Com- missioners to iiroduce the following documents, viz : 1. The Chief Superintendent's letter address- ed to the ('hiefs, by order of Sir (ieorge Arthur, dated 5th January, 1841. 2. The Surrender of their Lands to Govern- ment, for the purposes of sale, dated 18th January, 1841. 3. Chief Sup. Report on the petition of the 6 Nation Indians, dated 9th Fob., 1841. 4. Chief Sup. letter addressed to Mr. Sec. Murdock, on the ijeneral afliiirs of the 6 iNation Indians, dated 17th October, 184 1 . Mr. Wynne's lleport on the con- dition of the 6 Nation Lands, dated 7th Sept., 1840. The Report of the Executive Council thereon, dated 27th November, 1840. These two docu- ments should be first on the list. Also Order in Coun- cil, dated 29th March, 1844, approving of the draft of a notice, issued by me, respecting the sale of Indian Lands on the (.;• - J. Kanawate, \< [l. s.] ; ' Mark. • *^ His : Kanakariatarie x [l. s.] Mark. His John Whitecoat, i< [l. s.} Mark. Peter Green, [l. s.] ' Jacob Fishoarriek, [l. s.] Signed, sealed and dehvered in the presence of us, being fully interpreted by Mr. Martin, a sub- scribing witness to these presents. (Signed,) J. Martin, 1. I. Dept. " James Winniett, S. I. A. " John W. Gwynne. Certified a true Copy. Signed, George Vardon. There was also produced two letters written by Mr. Jarvis, by command of his Excellency the late Lord Metcalfe, in the Spring of 1844, in one of . , * ^ V 4 A ' ■] ice of a sub- A. )0N. en by le late one of I I i which he distinctly declared ** That the surrender to the Crown in 1841 was a wise measure, and should have been strictly adhered to by thc^ Indians, as the sale of these Lands would place them in a state of affluence — that the Indians have no right to expect that the Government will comply with their desire to remove indiscriminately from their Lands persons placed upon them (although without proper authority) by the Indians themselves — neither jus- tice nor a due regard to the Indian interests require or would justify such a proceedinc'^ — and in the other it is stated also, that should the Indians re- quire any part of the north side of the River to be reserved from Sale, that they would be expected to give up an equal portion of Lands on the South side of the River, in order that an arrangement might be effected with the Settlers thereon. — These two letters, it is in the evidence of Major Winniett and Dr. Digby, were read by the latter at the request of the former at a public meeting of Settlers in Brantford, as an encouragement for the Settlers to proceed with their improvements, — and to confirm their opinion that they would even- tually obtain Deeds for their Lands, i There is no doubt that the Government arc moirally bound to protect the Settlers, and at least to see that the full claims upon the Lands are dis- charged before ejectment. Precedent, justice, equity, and humanity, demand of the Government this course ; — the claims and rights of my telf and fellow-settlers who are resisting the illegal pro- ceedings of the Commissioners, require the inves- tigation of an impartial tribunal, such as has ever been the glory of our noble Constitution. It was this which was guaranteed by Lord Metcalfe's let- ter of Oct. 28th, 1845, to myself and G. Strong, actinff as a Deputation on behalf of the Settlers. This letter states, ** 1st, That it is not the intention of His Excellency to sanction the removal of the ,.;:xi... -:,:.. ,i 10 Settlers without affording to each of them the op- portunity of establishing the claims which 'they may consider themselves trt possess, either to the privilege of pre-emption of the Lands occupied by them, or 2nd, to the value of their improvements thereon.^^ " •'' '^ r« ..tfr aDf^' And 1st, as to the opportunity of establishing our claims to pre-emption, the necessary docu- ments to prove this have, after two years earnest application, only just been wrung from Heads of Departments by application to Earl Cathcart, through Mr. Fraser ; and then, as to the 2nd point, even if an impartial review of these documents failed to prove our pre-emption rights, Mr. Kirk- patrick's evidence on oath at Newport, proves the value put upon them is just £l per acre less than they could have been made for, and this is leaving roads, which manifestly are improvements, out of the question. — Our cause is a just one and must ultimately prevail, notwithstanding the unjust at- tempt which Head Clerks and others are making to blind his Excellency and to Burke our claims. Let us patiently and fearlessly await the result. \i, I remain, Fellow Settlers, ^^o /Imui fis luifiiny Your's ever faithfully, .v" -'->' »ii m i F. J. CHESHIRE, i Hamilton, Dec. 16, 1846.^1.. ^ liai iff* .it'-it'.'Kr^r) • St* Fellow Settlers,— ^*ii Since my last letter to you, I am informed that the Commissioners, Messrs. Clench, Thorburri and Bain, have thought proper to proceed upon the judgments which they delivered at Brafitford some! time ago against some of you. That they have is- sued a notice against several of you, requiring you to remove from the occupations or possession of your farms and houses and firesides with your fami- lies within the space of thirty days. In the C9,^e of Stronc: and his familv, manv of vou' mav recollect II the op- ich 'they to the upied by 'ovementa ablishing ry docu* earnest iedds of >athcart, nd point, cuments r. Kirk- oves the 3SS than leaving I, out of ind must ajust at- making claims, esult. :\u [IRE. ,. >,{jJi.M {.!■'> led that urn and pon the rd some have is- ing you ssion of ir fami- cj^Se of Bcollect that our Counsel, Mr. Frascr, objected to the inlbr- mations on various grounds, but particularly that the infor^p ition did not contain the charge direct as specified in the Statute, and did not negative the exceptions therein. The informaiicn was sv^ orn to by an Indian. This Indian, however, upon cross examination, admitted that he could not say posi- tively whether they were upon the land in question or not, and that he had not seen them upon the land for months previous to his taking the oath. — The Commissioners having failed to make out a case against the defendants by this witness ; pro- duced another Indian who did not understand Eng- lish, but through the Interpreter, (the former wit- ness,) was understood to say, that he considered himself a party interested in the cause, and that when the Settlers were expelled that it would be for his benefit. It might have been known, without any examination, that the witness was substantially interested in the ejectment of the Settlers, without paying them for their improvements. Another at- tempt was then made to prove the possession by the constable who served the summons, and here the prosecution was closed by the Counsel for the Indian Department. But the Commissioner, Mr. Thorburne, thought that this evidence did not look regular, because it would not support the informa- tion upon which the summons was founded, and you all know how, subsequently, by his orders to the constable, the streets of Brantford were scoured for witnesses, but without effect. One witness swore one thing, and another witness swore to another, and many of them declared they knew nothing of the lands in question ; in fact there was no case made out for the prosecution to proceed upon. Nevertheless, theConmiissioners, w ithout a moment's hesitation, refused to consider the excep- tions which were taken bv our Counsel, determined \mder any circumstances, not to be foiled of their preij. If the Commissioners considered there was '{fl 12 nothing in Mr. Eraser's objections, why did they in all subsequent proceedings invariably adopt the mode pointed out by him as the only correct one? and why does their notice contain all the requisites which he pointed out as wanting in the informa- tions 1 Surely the Solicitor for the Indian Depart- ment did not advise them that it was necessary to put the notice in a different legal shape irom the information which is the foundation upon which all the subsequent proceedings must rest? It having been done, however, is a clear admission by them, that the information teas incorrect ; and under these circumstances, I would ask, how they could pro- nounce judgment against the Defendants? For persons who preside over a Court, to act in this way, is to declare that they are ignorant of the first prin- ciples of justice, and shows to the world what might be done in poor Canada against the rights and lib- erties of the people, backed by such an irresponsi- ble night-mare of an administration, as at present rule the destinies of this fine country and brave people. I would tell the Commissioners that this patching and plastering of their work will not do —that the foundation, bad and rotten, (i. e. illegal) any superstructure they may attempt to raise there- on, must fall to the ground. They ought to be- ware, for the sake of their own characters, how they attempt it, least (however remote they may flatter themselves) the building may eventually fall upon their own heads. There is no possibility of making them feel through their pockets, as in most cases where Justices of the Peace are con- cerned. They, happen what may, will be indem- nified out of that famous budget, Indian Funds ! They are paid as Indian Agents ! ! they are paid also as Commissioners out of Indian Funds ! ! ! and I believe their chief support has been derived for some years past out of those Funds — ^poor Indian Goose, what a plucking ! ! ! ! In my former letter, I mentioned the grounds 13 did they dopt the ect one? equisites informa- Depart- 3ssary to trom the vhich all It having* by them, ler these uld pro- s 1 For this way, rst prin- lat might I and ]ib- responsi- : present d brave that this not do illegal) se there- t to he- rs, how ley may entually 3ssibility ts, as in re con- indem- Funds ! ire paid !!!and ved for r Indian grounds # f upon which Mr. Fraser petitioned his Excellcncy> to appoint a new Commis'^ion. In his memorial, he states further that althoi j the Act gave the De- fendants an appeal to the V ice-Chancellor from the judgment of the Commissioners, that he considered it a cruel mockery of justice to poor persons to (J rive them to that expensive court in order to undo what ought not to have been done, and that the Defendants sincerely felt,without wishing to reflect upon the Commissioners, that it was hopeless for them to expect a decision in their favor unless some disinterested individuals were appointed to try their causes — persons wholly unconnected with the Indian Department. His Excellency, however, by and through the advice of his Ministers, declined interfering with their proceedings, although it was quite competent for his Excellency (and common justice required it) to appoint a new Commission to try the dispu- ted claims of these lands. The whole proceedings showed what a farce such atrial must be where the Commissioners are the recognised Agents of one of the parties. It was too much for our Coun- sel to stand, and he accordingly left the Court un- der the impression that a new Commission would be granted as requested by him, in his memorial to his Excellency, Earl Cathcart. Before the final cause of Mr. Fraser's leaving Court happened, he called upon the Commissioners to produce certain documents, and official letters, written in the name of the late Governor General, by Mr. Jarvis, in the spring of 1844, in favor of the Settlers upon Indian Land, and especially those who held Indian leases. These letters, or at least two of them (the others called for, many in number, not being forthcoming) were found by Mr. F raser upon a permitted search on the day of trial, among the papers of the Indian Department at Brantford, held by Commissioner J. B. Clench. I have already given you as far as I could the contents of these two letters. The 14 ronmiissiontT having refused to allow our Coiinscl a copy of them, it is out of my power to lay them before you and the public. Several letters were not forthc6ming which the Defendants had given the Commissioner notice to produce and which were very much missed by the Defendants, parti- cularly one important letter written by certain oC the Settlers to Mr. Jarvis, (and which was certi- fied by the Indian Department to have been lost) who replied thereto as follows, addressed, I believe, to Mr. Stewart : — - ., .. ,,, ^ " Indian Offict:, ) ' ■ ••'*^'^ ' ' " Kingston, 14th Nov., 1843. S " Sir, — In regard to those persons w ho have ta- ken possession of lots of land and made extensive improvements, the right of pre-emption will be ex- tended to them in all cases, where practicable, and in no case will a stranger be permitted to pur- chase a lot in the possession of another person, but on the express condition of paying the occupant the full value ofthe improvements thereon. You w ill confer a favor by making this generally known to the Settlers, for I have received informatic n from several quarters that there arc individuals residing along the river who have circulated reports with re- sped to the sale of these lands calculated to alarm the people, and indeed to induce them to suppose the Government, at the suggestion of the Indian Department, was disposed to deal harshly with them. U- i■i>^,^^■' il X 'fi"/'!^ 1 r 1 >tl:i (Signed) « SAMUEL P. JARVIS." \'^ . ,fi .1 .r , vJ' t ,. In the year 1S41, Mr. Jarvis wrote as follows to Messrs. C. Stewart, John McCabc, Sullivan Brown, &c. &c.§-c :— ^>i.i> . ,rJ. .* v rj'-, ^ru: .:. .tixui^A > >^- « IxDiAN Department, ) ^^| .-n lA w: viVi- ^V,r '^*"^^^^"' Dec. 26, 1841. S f •vf^ " Gentlemen, I received this morning voiir 15 y them 8 were d given which parti- rtain of ( certi- n lost) believe, ^ ''Mi ave la- tensive be ex- >le, and pur- on, but ant the 3u will own to n from esiding ith re- alarm ippose Indian with • ■ .....J. ollows iillivan i voiir communication dated SOth inst., on the sub- ject of the lands you occupy respectively on the west side of the Grand River, and as goon as the survey now in course by Mr. Kirkpatrick is complete and his report sent in, your claims shall receive full consideration. With respect to the depredations being committed upon the timber, (by a Mr. Smith,) I shall write by this day's post to Major Winniett,and to Mr. Bain to investigate the matter without delay and proceed against the par- ties. t.^ n 1 Via ve &LiC (Signed) " SAMUEL P. JARVIS." John Davidson, Esq., of the Crown Lands, Office, writes as follows to certain of the Settlers :— ...i,..;--^,. ,...:.....*.;' Xa:, ".\ "Crown Lands, Department, } Kingston, 24th May, 1842. if " Mr. S. H. SwAiNE, Sir, — In reply to your let- ter of the 16th inst., I have to inform you, that ap- plication to purchase Indian Lands on the Grand River cannot at the present time be entertained, as they must all be inspected and valued previous to a sale being made, under Order in Council — upon return of that inspection the lands will be for sale to the first applicant. It is ,however, recommended in that order that all persons reported as Resident Settlers up to the date of that order, be considered as the first applicants, and entitled to pre-emption for the space of six calendar months, u'mi • -"^ «■■-," I have, &.c. .' ""'',■';■.' '""' "'''"'' Kh (Signed) I " JOHN DAVIDSON." " Crown Lands Department, V:\ H^ I :iidr»^- Kingston, May 17, 1842. l^^^ Mr. A. Livingston, Sir, — In reply to a let- ter, signed by yourself and three others, I have to inform you that the lands on the Grand River have u been recently inspected under Order in Council, and no sales can take place until the valuation has been approved of by His Excellency in Council, when those that have been in occupation for a term of years, and improved, will be considered as having a right to pre-emption. Vou will be pleased to communicate the above to your neighbors, Messrs. Wm. McDonald, Donald McKenzie, and D, Mc- Innes. ^ .^,, - .„ ;,. -.,,,, ,, -^ -i, ,,.|v '■-'■'■ ■ ' " I have, &c., ■ .-■ ■! 'i./ ,■ ;i.;:r- (Signed) " JOHN DAVIDSON." Besides these letters, two Indian leases were put in,by the Defendants, — Strongs. The Commis- sioners and the Counsel for the Indian Department, attempted to shew that they were given whilst un- der the influence of intoxication from drink — the contrary of which was duly testified by the witness to the Leases. This 1 consider as scandalous a part of the proceedings, as any which took place, m as much as the Lease was manifestly to the ad- vantage of the Indian granting it, and as it was well known to every one in Court, that the Indian mere- ly granted a Lease of part of a wild unsurveycd fo- rest, which by the hard and noble industry of the Defendants, has been turned into a highly cultivated and productive Farm, and I fear (unfortunately for the Defendants) has become the envy of some of the more civilized of the Chiefs of the Indians who desire to possess it. I do not wish, however, to attach any blame to those kind-hearted people — they are far more magnanimous and just in their ideas, than many who claim to be their superiors in civilization and christian virtues. Some of them have declared, almost in the words'of our late la- mented Governor, Lord Metcalfe, — " That the persons who have Leases from individuals of their Tribes must be let alone, or at all events be bought 6ut again." Every attempt wis made by the 17 incil, and bas been 1, when term of s having ased to Messrs. D. Mc- >»■ • t ; ON. !s were 'ommis- irtment, lilst un- ak — the witness alous a i place, the ad- rsLS well 1 mere- yed fo- of the Itivated ely for ome of ns who ver, to ;ople — 1 their periors if them ate la- at the f their bought )y the Agcihts of the Government, backed by the Counsel for the Indian Department, to destroy their just claims, to hold possession of the lands under their Leases, because it is presumed they knew that the Statute excepted persons holdtng^ Leases. In fact it had evidently become a personal matter v^^ith one of the Commissioners, to prove that they had not the right which they claimed, and which the Go- vernor General had clearly recognized. It is ([Uitc needless for me to add that all the objections fallen by Mr. Fraser, (some of which requires considerable legal research to deliver judgmetart uj^oh) were instantaneously overruled, and the law Authorities produced to support these objectbns were actually laughed at. I agree with them that it was quite laughable to suppose that they, with eye'n the Authorities before them could give judg- ment Upon a controverted point of law. But this 6nly shews the necessity of our having a competent tribunal to decide our clainis, and it is with the view of obtaining an impartial trial of bur rights by a Jury of our Country that we are determined to appeal to the Vice-Cha'Tcellor as the Statute di^ rects, and which gives him the power to direct' am i^iie at Law, and which I Teel confident he will do- I am by no means confident that our rights hate been properly represented to His Eicellency^—bn the bontrary, i am of opinion, that Mr* Vardon, (who is one of the Clefrks of the Indian Department at Montreal, but vv^ho haS recently given himself all kinds of unheard of names at least in that Depart- ment, aud which I hope will not prove burthensome to the Department bye and bye, as these high- s^ounding names must be backed by proportionate salaries) has directed the whole proceedings agafnst the Settlers. Notwithstanding, However, his appa- rent anxiety to have the whole Land in question given up for the use of the Indians :— I haVe been informed that Whilst these proceedings Were ac- c 18 tually going on to expel the Settlers, who had by great toil and industry for many years, at last ac-» quired support for themselves and families, he was in treaty with a person in Montreal to dispose of part of this very land to a Speculator. I hope the Gentleman, if this is not true — if no offer has been made to him for what is called the " Sour Springs" of the Grand River, or encouraged by him, that he will contradict it. There are persons in possession of these Springs, who have paid the Indian's hard money for their right. As I concluded my last let- ter, I would conclude this. Let us patiently and fearlessly await the result, we may be dragged by the neck from our Homesj by the Sheriff, as Mr. Vardon said before the trials commenced, and that, that was the justice we would get. . Our wives and little ones may be exposed to endure the perils of a Canadian Winter, and thrown destitute upon the world— but the day I hope is not far distant, when the parties who have advised and so cruelly car- ried out these measures will be brought to the bar of pjublic opinion ; that vast archimedean lever, whose fulcrum is the fourth estate, a Free Press, which has ever been the scourge of Tyrants, the advocate of the oppressed, which has and does, and ever will move the world. Already the Public is putting his hand to that lever — a Montreal paper gratuitously taking up my former letter to you, in the Hamilton Gazette^ thus writes — " "We repeat, of the justice or injustice of th'iir claims we know nothing ; and all we wish the Executive to bear in mind is the necessity of allowing them to continue right or wrong in their habitations until Spring. There is not a person in the Province who would not feel shocked were these unfortunate Settlers to be turned out of House and Home at the com- mencement of winter, and it would even he a dis- grace to the British JVation were such to occur. ^* My jieitt communication will more particularly deli- ra^c doin incl 1» ho had by t last ac- Sf he was iispose of hope the has been • Springs" n, that he possession an's hard ly last let- sntly and agged by fi as Mr. , suid that, wives and perils of a upon the nt, when elly car- 3 the bar an lever, Be Press, ints, the does, and Public is il paper you, in repeat, i^e know bear in [continue Spring. I would Settlers e com- a dis' r." My y deli- neate the doings < ihe chief actors in such an out- rage upon common humanity, which is already domg its work, as your wandering families at this inclement season, and after all the severe sickness you have been exposed to for so many months, too truly can attest. Had the very distinguished Com- missioner Thorburn, taken the matter into consi- deration as he ought, and used the discretionary power according to circumstances*' which was given to him by Lord Metcalfe, he would have *' recommended the Government to place an hospi- tal upon the spot with the necessary attendants, this would have been more in accordance with the dictates of common humanity." But some men !)aint their own portraits, others leave them drawn or them, and a combination of both in my next, shall leave you and the public to judge who sat for his portrait to the Great Wizard of the North, when he thus wrote on " Stoicism." Heaven for- bid that any process of philosophy were capable so to sever and indurate our feelings, that nothing should agitate them but what arose instantly and immediately out of our own selfish interests ! I would as soon wish my hand to be as callous as horn, that it might escape an occasional cut or scratch, as I would be ambitious of the stoicism which would render my heart like a piece of the nether millstone." I sometimes wish when re- viewing the hardships, trials, sickness, and great deprivations, we have most of us suffered, that a portion of such stoicism were mine, but it is not, or I could not so fully subscribe myself. Fellow Set- tlers and Sufferers, Your's, ever faithfully, il F. J. CHESHIRE. Hamilton, Dec. 30, 1846. 'I '•*£) Wi. In the mean while the arrival of a new Govern I , ■ I i lii '■•)' .i nor, the Earl of Elgin, induced our Counsel ugj^in to Memorialize the Government on our b^hiMf) ^^i. Ibllows : — To His Excellency, the Right H&tiourable Earl of ^LOiN and KiNCARpiN£, Governor General of ,Pritish Mrth Jlmerica, Sfc. fyc. 8fc. •i^ui May it please your Excellency, ' ' In the month of September last past, I ad- dressed a Memorial to your Excellency's prede- cessor in the Government, Earl Cathcart, which is now filed in one of the Public Departments at Mon- treal, and to which I beg leave to refer your E*i^ cellehcy for a statement of the claims f6r consid-^ eration and lenity, advanced on behalf of certain individuals who have unfortunately under, it is said, some misapprehension of the intentions of the Oo- vernment, in respect thereto, located themsdlves upon certain Indfidin Lands bn the Grani^ River, in the Gore District, in the full belief that these lands would be offered for sale, and that they, ai^ the first Settlers thereon, would be allowed the privilege of pre-emption, or at all events, the full value of their improvements. For a number of years afte^r they had so located themselves, nothing appears to havfe occurred to disturb this belief; on the Cfontmry letters were written by the Agents of the -Govern- ment to individual Settlers, assuring them that so soon as the Lands were surveyed and vailued that they would be offered for sale, and actual Settlers allowed the privilege of pre-emption, and whether they purchased or not they would be paid fbr their improvements according to their just value; It is true that certain notices were publikhedl it is be^ lieved in a Brantford newspaper, forbidding persons settling upon these Lands, but the Government, at the time of issuing them, had no apparent intention of disturbing those who had already, previous to the notices, located themselves thereon ; and the only instance in which steps were taken by the I Gu tie th be St CI wl th( 21 isel agj^in ?^Wf, as e Earl of kneral of ' :■:. f fiin >ast, I ad- Y^s pfede- , which is is at Mon- your EX'^ »i* consid-' )f certain ,itis said, )ftheOo- lemsdlves River, in ^ese lands s the first ivilege of 8 of their ft^r they s tci hftvfe contftiry 'Govern- ti that so ued that Settlers whether for their e. It is it isbe- persons ment, at ntention jvious to and the 1 by the tiuviTiiniont Ai^'futs to leiiiovc cciiuiii ol'thc Set- tlers, tended to confirm them in this belief, and that the Lands woukl be for sale, and that they would be allowed the privilege of pre-* niption I allude to. Strong's case tried betbrc Major Winniett, then Chief Superinicdent of Indian Affairs, at Brantford, who not only dismissed the prosecution, but told the Defendant he might go on with his improve- ments. This person, who has served his Country for 30 years, and who has brought up a large fami- ly, is now about to be deprived of the fruits of many years hard industry of himself and family in the heart of a forest. These lands were actually sur- rendered to the Government in January, 1841, and subsequently surveyed and valued for the purpose of sale. Certain letters also written in the Spring of 1844, by order of the late Lord Metcalfe, then Governor General, and read at the request of Major Winniett, Chief Superintendent of Indian Affairs,at a public Meeting held in the Town of Brantford, and composed in a great measure ol these very Settlers, which seemed to guarantee them these privileges. In one of these letters his Lordship says, " That the surrender to the Crown in 1841, was a wise measure and should have been strictly adhered to by the Indians, as the sale of these Lands would place theni in a state of affluence, that the Indians have no right to expect that the Go- vernment will comply with their desire to remove indiscriminately from their Lands persons placed upon them (although without proper authority) by the Indians themselves, neither justice nor a due regard to the Indian interests require or would Jus- tify such a course." Your Memorialist further sheweth that a great many of those persons whom the Commissioners :ire seeking to eject, hold Indian leases of the Lands they occupy. It is only very recently, your Memorialist believes, that the Go- ; vernment determined to reserve this large tract of 28 ! Land, comprising about 65,000 acres, for the sole use of the Indians for A.^ricultural purposes. The object proposed is to make farmers of the Ued-men. Your Memorialist believes your Excellency is too well informed in regard to the Indians and their affairs on this Continent, to venture an^ opinion of his own respecting this renewed experiment about to be made to induce the Indians to adopt the habits and customs of their white brethren. Your Me- morialist, however, as far as his own individual ex- perience enables him to judge, would beg leave to remark that he fully concurs in the views and opin- ions of almost, if not all. your Excellency's prede- cessors in the Government of Canada. In the meantime, this reservation of land is doing incalcu- lable mischief to the prospects of the whiteSettlerS; who are settled in the Townships adjoining it — having embarked a great deal of capital and labour, not only in clearing the land, but in erecting mills, warehouses, &c., calculating no doubt upon these lands being brought into the market and settled by Agriculturists. Nothing would induce your Me- morialist to say one word against the present scheme for civilizing and making agriculturists of the Indians, but the most solemn belief that it must prove injurious, nay ruinous, not only to the moral character of the Indians, but even so in a pecuniary f)oint of view. Your Memorialist believes that the and which they now individually occupy is quite sufficient for their wants. It is quite notorious in fact that so far from increasing in number " their race is melting like snow before the sun." The course pursued at present in managing the Indians and their property, cannot possibly reflect credit upon the Government. The destitution of the Indians is extreme in many cases, and they are no doubt forced to support themselves in a great measure by voluntary contributions, which they receiv e from the whites, and thus they are frequently kept in th n< ' the sole 3S. The led-men. icy is too ind their pinion of int about he habits our Me- idual ex- leave to md opin- 's prede- In the incalcu- SettlerS: ning it — d labour, ng mills, on these jttled by our Me- present urists of it must e moral cuniary ;hat the is quite s in fact eir race course ins and it upon Indians doubt leasure e from kept in 2.1 the most slavish and disgusting dependence upon persons, many of whom are mere ad venturers, and Know but too well how to take advantage of their necessities. Your Memorialist in concluding this part of his observations upon tlie Indians, would Leg leave to remark, that the simplest and nio§t profitable way of managing their property would oe to sell the whole of their land, except what is at present occupied by themselves, and invest the pro- ceeds in safe and profitable securities. The reve- nue derived from which your Memorialist con- ceives would be quite sufficient, joined with their own industry, to make them comfortable and would, your Memorialist believes, afford a fund to buy more lands hereafter, should it be required, while on the other hand, the proposed reserve must for ever be unprofitable to the pure Indian race, and its man- agement must necessarily entail a vast expense upon their already diminished funds, depriving them of all prospect of attaining any support therefrom. Your Memorialist believes that an investigation will be called for by the Provincial Parliament at its next Session, when it will fully appear that, should the present system continue, it may be ne- cessary in a few years hence to bring these lands into market to meet the expenses of the Depart- ment. Your Memorialist has no doubt but this must ultimately, if not shortly, happen ; supposing it should not be necessary to irxrease the funds of the Department in that way, because the evil arising to the Settlers surrounding this reservation or block of uncultivated land in the very heart of some of the finest settlements in Canada, will soon compel the Settlers to take active measures to obtain their cultivation or sale, and to overcome any opposition which may be made by the Indian Agents, joined by a very few other interested parties, who are now inducing the Indian Chiefs to withhold their consent to remove from the settlement of the It 21 whites, as desired by the (jovci iiinent. Your Me- morialist believes the proceedings which are now being taken by the Commi^^sioners to eject the Set- tlers under the Provincial Statute, 2nd Victoria, chap. 15, to be illegal, and that the lands in ques- tion having been once ceded, the Commissioners can have no jurisdiction. Your Memorialist con- tends also that the Settlers have not been fairly dealt with ; that the proceedings of the Commis- sioners have been hasty, injudicious and contrary, from the beginning to the instructions of the late Lord Metcalfe, the neglect of obedience to which, has truly been the cause of all the difficulty which has arisen in the matter between the Commission- ers and the Settlers. Your Memorialist has rea- son to complain that the representations which he made in his professional calling,as the chosen advo- cate of the Settlers, by memorial to Earl Cathcart, then administering the Government of this Province, did not receive that consideration which they were entitled to, and your Memorialist subsequently requested that his memorial and documents relating thereto, should be forwarded to Her Majesty's Government in England, to which request your Memorialist is still without reply. Your Memo- rialist desired on behalf of the Settlers that the Commissioners should before commencing pro- ceedings against these poor, but industrious people, to drir'^ them and their families from their homes, have a fair investigation, such as was promised by the late Lord Metcalfe, to every individual Settler of their claims to the privilege of pre-emption, and to the value of their iraprovements, Your Memo- rialist still claims on behalf of the Settlers, the ful- fdment of the promise, and which Your Memo- rialist conceives the Government are morally bound to carry out. The Heport of Mr. Thorburn, one of the Commissioners upon which all subsequent proceed- t 25 Your Me- h are now ctthe Set- Victoria, Is in ques- missioners ialist con- 3een fairly ; Commis- contrary, >f the late to which, ilty which mmission- t has rca- which he ►sen advo- Cathcart, Province, hey were sequently s relating Majesty's lest your r Memo- that the ;ing pro- is people, r homes, raised by il Settler )tion, and ' Memo- , the ful- ' Memo- lly bound B of the proceed- ings seemed to have been based, was extremely ob* jectionable, in many respects. Your Memorialist has not been able to obtain a copy thereof, and co^ pies of many other documents, which are essentially necessary to a fair investigation of the claims of Your Memorialist's clients, but from what Your Memorialist gathered of the Report from other do- cuments, he at once perceived that the Commis- sioners had overlooked the virtual promises of th^ Government to the Settlers. In this report, a great number were to be excluded, altogether, frorti any remuneration for their improvements, and were simply to be ejected. Your Memorialist candidly pointed out the injustice and difficulty of proceed- *mg ih this way, but his representations were not met in the same spirit that they were intended. The difficulty, however, soon became apparent to the Commissioners themselves, who were glad to recommend the petition of certain of the Settlers for a re-consideration oftheir claims, which the re- port of Mr. Thorburn had entirely precluded them from hoping for. If this had been unlade knoWn to kll the Settlers through me, upon whom they rest- ed the defence oftheir claims, or even by a general public Notice, the Government would have beeh Spared avastdealof trouble, and the Indians a great deal of expense. Some of Your Memorialist's clients ;Were advised, without consulting Your Memorial- *ist, or letting him know what they intended doing, or without even consulting the other Settlers, to withdraw themselves from the rest, and to petition the Government as above stated, for a reconsidera- tion of their claims, in which petition they denied all right or claim whatever to payment for their improvements, and by every possible mode of ex- pression, they endeavoured to shew the Govern- ment that they considered their claims unfounded, and consequently, the Government were to infer, that the rest of the claimants had just about as much D 26 ri^ht as they had. The leader of this Memorial, who was one of the chief movers in the opposition to the proceedings of the Commissioners, was soon found out to have been in great favour with one or two of them, notwithstanding his apparent opposi- tion, and his Memorial was heartily seconded by them, and the Government were immediately pleased to grant their request. Comment upon such proceedings is qjiite unnecessary. Your Me- morialist begs leave humbly to submit for your Ex- cellency's consideration that the claims of some of the Settlers are entitled to more consideration than others. — 1st, Those of them who hold under Indian Leases. The late Lord Metcalfe's letter, an ex- tract of which is herein contained, in reference to this subject. Your Memorialist conceives to be a sufficient acknowledgment of the rights of parties so circumstanced, and a moral guarantee that so long as these Indian Leases were in force, they would not be disturbed in the quiet possesion of the land they occupied by such right, and the Indians themselves are averse to disturb this class of Set- tjers, and say, justly, that they ought to be bought out. — 2nd. Those of them who have made perma- nent and valuable improvements upon the land, and who have contributed all their energies and re- 30urcs for a number of years for that purpose, and whom it was recommended in the first instance, in the Commissioners report should be paid the full value of their improvements. This, as Your Me- morialist is informed, and believes, has not been done in any one case. It was sworn upon the trial of one of the Settlers by Mr. Kirkpatrick, who va- lued the clearances, that they would cost 15s or 20s more per acre, than he had valued them at. AJmost certain hopes of their obtainine titles to their lands, were held out to this class of Settlers ; frl^q, 3rd, The last class of Settlers are those who d^ttled subsequent so January, 1844, and who were sin wl ha cr an an( m 27 s Memorial, ie opposition rs, was soon with one or irent opposi- seconded by irjimediately nment upon , Your Me- br vour Ex- IS of some of leration than under Indian tter, an ex- •eference to ves to be a ;s of parties tee that so force, they sesion of the the Indians lass of Set- be bought ide perma- ie land, and es and re- urpose, and instance, in aid the full Your Me- not been on the trial k, who va- ;ost 1 5s or 1 them at. g titles to J Settlers ; those who who were simply, to be ejected without any remuneration whatever, for their improvements, and it appears to have been actually contemplated to turn tnese poor creatures to the number of 400 or 500 out of house and home, just as the winter was about to set in, and Your Memorialist cannot help observing, as a most extr aordinary fact, that this cruel act was to be perpetrated without the most distant prospect of benefiting any one by the proceeding. For this class Your Memorialist claimed the isame consideration offered for the improvements J of the 2nd class. This, Your Memorialist believes has been at last acceded to, in some cases, although Your Memorialist has received no notification ^whatever of it, either from the Government or the Commissioners. In the meantime, the parties had been put to so much trouble and expense by the Commissioners, that many of them declined avail- ing themselves of the offer, and preferred having a full and fair investigation of their claims, with the pchance of losing the remainder of the benefits of their labour, bestowed upon the land. It is con- tended for all,that the privilege of pre-emption should still be kept open for the Settlers in case the lands ; should hereafter (which it is believed they will) be i offered for sale, Your Memorialist is quite certain, that if all these claims had been wisely conceded, that the whole of the Settlers would have long ; since removed peaceably and quietly off the lands, unless those who might have obtained under pecu- liar circumstances, a special license from the Go- vernment, to remain during the winter. The Indians would have been gainers by this arrangement, inas- much as the expense already incurred in carrying out the measures for ejecting the Settlers, has al- ready cost them more than the extra 15s. per acr^ would have cost them, if paid to the Settlers. iTbiii' MemoriaUst believes that unless the lands are^olcj very soon, the sum of<£ 15,000 which ithascostftie *28 ■4 !i i Indians to pay the claims of ttie Settlers and other expenses will be totally lost. The improvements pf the Settlers will in the course of three years become in a worse state for cultivation, than when they were in their original wild state. It is said that the Indians are prevented by a few interested parties, from understanding what their real inter- ests are. All they know is, that they surrendered, and the Government sold large tracts of their lands; but, as they say,they never derived one dollar's be- nefit irom the transaction, and they conclude, that it would be the same if the rest were sold. jC25,- 000 of their money was investea in Grand River Navigation Stock, which it is believed does not pay expenses, far less give any return. An applica- tion, Your Memorialist has been informed, was mafie recently for a loan of £10,000, out of their Funds for an equally unprofitable investment. If such be the mode of managing their money, it is no wonder that they exclaim against any further sale of their property. The manner it is said, in which the assent or dissent of the Indian Chiefs is obtained to any proposition for a loan or otherwise,is through the dollar talisman, and it has been said, that when any business is to be done with the Chiefs, that they expect to be paid a sum of money when called upon, to support any measure. Your Memorialist does not vouch for the' truth of this, but that such has been the common expressed opinion of parties living in the neighbourhood of these Indians for years past, ^^^i - ,_ #, ^^.M-j^i'-'-f.^rj ?v Your Memorialist has had some conversation with Captain Anderson, head of the Indian Department, at Toronto, formerly in charge of the Indians, set- tled on the Manitoulin Islands, Lake Huron, when he informed Your Memorialist, that he had for a number of years been recommending the entire removal of the Indians to Lake Huron, and that the Government were favourably disposed to encourage n\ 29 s and other iprovements hree years than when It is said i^ interested real inter. Lirrendered, their lands; dollar's be- iclude, that 3ld. £25r rand River loes not pay k.n applica- rmed, was it of their tment. If ley, it is no irther sale , in which s obtained s through hat when that they ten called emorialist hat such of parties dians lor ition with )artment, ians, set- on, when ad for a le entire 1 that the icourage their removal, but that the great difficulty was in {getting the consent of the Indians themselves. He further remarked, to Your Memorialist, that the Indians who are about being removed from the River Credit to Owens' Sound, and who have been for a number of years undergoing the process of what is called civilization, and congregated toge- ther in a small village for that purpose, were a great way behind their brethren settled on the Ma- nitoulin Islands, in the arts of civilization. That they being entirely removed from ob- taining intoxicating liquors, had applied themselves diligently to acquire the mechanical arts most ne- cessary to supply the immediate wants of their own tribe. That they were living in the greatest abun- dance ; the finest fishery in America, being at their own disposal, and the land being well atlapted for raising every kind of farm produce, in the know- ledge of which science they were very far advan- ced beyond those of their brethren, that he had met with in this part of Canada. He further informed Your Memorialist, that he was greatly alarmed to find, that through some secret influence at work, which he was unable to find out, the Indians for whose removal every preparation had been made, were about to withdraw their consent, and place the Government in a very embarrassing position. •(Your Memorialist believes the Government had .already disposed of part of the property they were about to leave), and that he was then on his way to the settlement to hasten their departure by every means in his power. Your Memorialist would not wish it to be sup- posed that he means to find fault with any arrange- ment which Your Excellency's Government may ■consider proper to be tried for the purpose of civi- lizing these remnants of their tribes, but he would jofFer against this experiment, the past experience 30 i !|2 'm of two ol* your Excellency's predecessors in the Government, viz. Sir FrancisBondHead,and the late Lord Sy(ienham, of the hopelessness of the attempt and which was communicated by the former in a despatch to the Home Government, directed to Lord Glenelg, then Colonial Secretary, dated 20th November, 1836, an extract from which Your Memorialist begs to submit for your Excellency's perusal. > " During my inspectional tour of the Province, I visited with one or two trifling exceptions, the whole of the Indian Settlements in Upper Canada, and in doing so, made it my duty to enter every Shanty or Cottage, being desirous to judge with my own eyes of the actual situation of that portion of the Indian population which is undergoing the operations of being civilized. Whenever,or, where- ever, the two races come into contact with each other, it is sure to prove fatal to the red men. " The red men" lately exclaimed a celebrated Miami- Cacique, " are melting like snow before the sun." . i -.. ;.' r: .: :..;:,u:U-,v^iA^ However brave, for a short time he may re* sist our bayonets and our fire-arms, sooner or later he is called upon by death, to submit to his decree. If we stretch forth the hand of friendship, the liquid fire it offers him to drink, proves still more de- structive than our wrath. And lastly, if we attempt to christianize the Indians, and for that sacred object, congregate them in villages of substantial log-houses, lovely and beau- tiful, as such a theory appears, it is an undeniable fact to which, unhesitatingly, I add my humble tes- timony, that as soon as the hunting season commen- ees, the »ien (from warm clothes and warm housing, having lost their hardihood,) perish, or rather, rot in numbers, by consumption while as regards their women, it is impossible for any accu- rate observer to refrain from remarking, that civi- lis < zc t I sors in the »and the late the attempt )riner in a :lirected to dated 20th hich Your xcellency's J Province, Jtions, the -r Canada, iter every •dge with at portion ^oing the •r, where- vith each fed men. elebrated efore the may re* ' or later ? decree, he liquid »ore de- nize the ite them id beau- ieniable ble tes- )mmen- warm pish, or hile as y accu- tt civi- 31 lization in spite oi'the pure honest and unremitting zeal of our Missionaries,by some accursed process, has blanched their Babies-faces, in short, our phi- lanthropy, Hke our friendship, has failed in its pro- fessions ; producing death by consumption ; it has more than decimated its followers, and under the pretence of eradicating from the female heart the errors of a Pagan Creed, it has implanted in their stead, the germs of Christian guilt. "What is the reason of all this. Why, the simple virtues of the red aborigines of America, should under all circum- stances fade before the vices and cruelty of the old World, is a problem which no one among us is competent to solve, the dispensation is as myste- rious as its object is inscrutable. I have merely mentioned the facts, because I feel that before the subject of the Indians in Upper Canada can be fair- ly considered, it is necessary to refute the idea which so generally exists in England, about the success which has attended the christianizing and civilizing of the Indians, whereas, I firmly believe every person of sound mind in this country, who is disinterested in their conversion, and who is ac- quainted with the Indian character will agree. 1st. That an attempt to make farmers of the red men has been generally speaking a complete failure. 2nd. That congregating them for the purpose of civilization has implanted many more vices than it has eradicated, and consequently, 3rd, The greatest kindness we can perform towards these intelligent, simple-minded people, is to remove and fortify them as much as possible from all communication with the whites. Having concluded the few prefaratory obser- vations I was desirous to make, I will now proceed to state what negotiations I have already entered into with the Indians, and what is my humble opi- nion of the course we should adopt, as regards i t 32 i \ I tf ... If . r their presents, iind the expenses of the Indian De* partment. At the Great Manitoulin Islands in Lake Hu- ron, where I found about 1 ,500 Indians of various tribes assembled for their presents, the Chippewa and Ottawa^, at a great Council, held expressly for that purpose, formally made over to me 23,000 Is- lands. The Saugeen Indians also voluntarily" sur- rendered to me a million and a half acres of the very richest land in Upper Canada, (For the details attending these Surrenders, *ee my despatch to Your Lordship, No. 70.) "* •»>. ■^- •^mii^-r-.i^Ki^- On proceeding to Amherstburgh, I assembled the Hurons, who occupy in that neighbourhood a hunting-ground of rich land of six miles square,tWo- thirds of which they surrendered to me, on condi- tion that one of the two-thirds should be sold, and the proceeds thereof invested for their benefit. The Moravian Indians, with whom I had also ah inter- view, have likewise agreed for an annuity of jC150 to surrender to me about six miles square of black rich land, situated on the banks of the Thames River. I need hardly observe that I have thus obtain- ed for Her Majesty's Government from tbe Indians, an immense portion of most valuable land, which will undoubtedly produce at no remote period,more than sufficient to defray the whole of the expenses of the Indians, and Indian Department in this Pro* vince. ' ^*^' . ^-^fUt On the other hand, as regards their interest, my despatch. No. 70, will explain the arguments 1 used, in advising them to retire or fall back upon the Manitoulin and other Islands in Lake Huron, the locality being admirably adapted for supporting them from the white men ; still it may appear that the arrangement was not advantageous to the In- dians, because it w^as of such benefit to us, but it must always be kept in mind, that however useful ravr«t |: :VA Indian De* 1 Lake Hu- of various Chippewa presfsJy for 23,000 Is* Warily sur- res of the the details espatch to assembled ourhood a uare,tWo- on condi* sold, and Gfit The ah inter- of £150 of black Thames 3 obtain* Iiidians, » which »d,moi*e ^penses is Pro* Ji nterest, Tients i ^onth^ 5n, the :)orting ar that he In- but it ii.*iefiri rich land may be to us, yet its only value to an In- {ian, consists in the ju^ame it contains, lie is in fact, jord of the Manor ; but it is a,a;ainst his nature to cultivate the soil, he has neither ric^ht nor power to sell it. As soon, thca-cibrc, as his game is Iriajht- ened away, or its influx of emigration cut off, by the surrounding settlement of the whites, his land, however rich it may be, becomes a " rudis indi- gestaque moles" of little value or importance, and in this state, much of the Indian property in Upper Canada at present exists. For instance I found 16 or 18 families of Mo- ravian Indians, living on a vast tract of rich land, yet from absence of game, almost destitute of every- thing, several of the men drunk, nearly all their children half-caste, the high road through their ter- ritory almost impassable, the white population exe- crating their indolence, and entreating to be reliev- ed from the stagnation of a block of rich land which separated them from their markets as completely as if it had been a desert. ^ ! ■ iai i The above picture (which is a very common one), will I think sufficiently show, that however desirous one may be to protect the Indians, and 1 hope none feels for them more deeply than myself, yet practically speaking, that the greatest kindness we can do them, is to induce them as I have done, to retreat before what they may justly term the accursed progress of civ ilization, for as I have sta- ted, the instant they are surrounded by the white population *' The age of their chivalry has fled." The Lieutenant Governor of the Province may protect them from open violence, but neither he nor any other authority on earth, can prevent the combination of petty vices, which, as I have alrea- dy explained, are as fatal in their operations, as the bayonet itself. " ^ It is impossil)le to teach the Indians to beware of the white man, fbrii:««*^»^«tobethe instinct of his E 34 I \ untutored nature, to look upon him as his Irienil, in short, his »impHcity is liis ruin, and though he can entrap and conquer every wild beast in his forest, yet invariably, he becomes himself the prey of his white brother. For the foregoing reason, I am decidedly of opiaion, that Her Majesty's Government should continue to advise the few remaining Indians, who are lingering in Upper Canada, to retire upon the Manitoulin and other Islands in Lake Huron, or elsewhere, towards the North-west." ■ ,.. '^ And Lord Sydenham writes the Home Gov- ■ernment as follows : — " After minute observation, 1 am sorry to observe, that the attempt to bring civi- lization to bear upon the Indian Tribes, has proved a total failure.'* Aiid Your Memorialist believes, that the In- dians are in no degree changed in their mode of life or character, since these observations were made, a very few excepted, and that no disinterest- ed individual of common understanding, who is acquainted with their present habits, would approve of such an experiment being tried. Your Memo- rialist, from the observations which he has been able to make, considers the hope of turning them from the habits of their forefathers, to which they have from their infancy been accustomed, and ma- king them rivals in agriculture to their white bre- thren, in the manner prescribed, as utterly falla- cious. If an experiment must be tried, it should not be done at the expense and suffering of so many of Her Majesty's Subjects, whose welfare the Set- tlers still believe, are equally deserving the regard and consideration of Her Majesty's Government, with those of any other class or colour. Wherever the Indians are settled in the neigh- bourhood of the Whites, there are always some of the latter, who subsist entirely upon what they make out of the Indians, by trading with them for »s Triend, in ugh he can I his forest, prey of his ecidedly of ent should idians, who B upon the Huron, or rome Gov- servation, I bring civi- has proved at the In- mode of ions were isinterest- who is d approve ir Memo- has been ing thenfi hich they , and ma- hite bre- riy falla- it should »f so many ! the Set. e regard ernment, he neigh- some of lat they them for 35 Tobaccf and Spirits, and by the influence of the latter article, often obtain a great command over them. These persons are among that class who wish to keep the Indians, and are most interested in keeping them in their present locations. The Government heretofore, have never acted with that promptness and vigor in matters relating to the In- dians, so as to make it appear to every one that Government as the guardian of the Indians, were determined to carry out those measures which were most beneficial lor them, and that any undue interference with these arrangements, either direct- ly or indirectly through the Indians themselves, would not be permitted, and would not in any de- gree alter the determinations of the Government ; and further, that all the Agents under the Govern- ment, would be expected to do their very utmost to see the wishes of the Government in this respect carried out. The Government have assumed the responsibility of Guardians to the Indians and their Affairs, and no assent or dissent which they can give to any loan or transaction, can in any degree lessen that responsibility which attaches as such^ Guardians. The surrender of the lands by the Six Nations of Indians to Government for the purpose of Sale, in 1841, reserving only a very small tract of land, was characterized by Lord Metcalfe, as a wise measure, and one which ought to have been strictly adhered to by the Indians. Your Memo- rialist cannot see why it is really for the benefit of the Indians, the Government do not act upon this Surrender, and carry out the terms of it. To keep these remnants of their tribes, lingering upon the borders of White Settlements, with which they are surrounded. Your Memorialist believes is exposing them to certain degeneracy, disease and death, and whilst this dreadful work is going on to the great scandal of the country, and after the Tribes are far more than decimated, It cannot be much gratifica- fill u tion to the Fniiaiuiiropist to poini to e ve ry tsrcn- tieth or iitlcentli iium of iiic Tribes, utui Hay we have civilizetl theiu and iiiaitc iliem Au;riculturists. But on scrutinizin*^; thm tvvcntietli or iitlccnth man, it would appear that he had very little Indian blood in him, and that amalii^amation alone, had saved that little tVom being buried in the dunt. Your Memorialist does not beli«;ve that this is an exag- gerated pieture of what will take plate, if the In- dians are permitted to remain in their present loca- tions to the great scandal of the Country, anil re- proach of the (Government. Your Memorialist begs leave to annex lor Your Excellency*s perusal, certain printed documents which were published in the Hamilton Gazette, of this City, containing, it is believed, a true statement of the jiroceedings taken by the Conmiissioners, against the Settlers on these lands. Your Memorialist prays Your Excellency to stay these proceedings, until Your Excellency has had time to encjuire into the rights of the Set- tlers, who are as loyal and good Subjects as any in Her Majesty's Dominions. There is not a disin- terested man in the whole Country who would not sign a Petition to Your Excellency to that eflf'ect. The Commission was issued by the late Lord Met- calfe, who understood the subject, and desired a fair investigation, but it was not acted upon, until after his departure, some years after the Commis- sion was given out. The Settlers do not wish to array themselves against what they believe to be the desire of the (jiovernment — they depend upon the promises of the Covernment through its Agents, and of the late Lord Metcalfe, whose com- mands they feel quite sure Your Excellency will not permit to be overlooked in this matter by the Commissioners. Your Memorialist would further submit for Your Excellency's consideration, that if they really were trespassers (which is doubted) when they settled upon the lands, it was the duty I 4 of tviul cle tioi wit sori th({ llu « % 'fTf twcn- 111 tmy we 'iculturwtx. tenth man, J