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A MERE CASE OF BIGHT OF PROPEETY. "B^ itO MEA^S A RELIGIOUS QUESTION. 3KCOND ^DITION. MONTREAL J. A MINER VP: steam PRINTING JOB OFFICE. •ill & 214, Molre-Damo 8tivpi 1«7G wm"^^ B 'I J^1. ,'* .■. p. 'hl"-^ Y.X ■ S *<■•' :v5 ^' ■"■■«'#*#* j :n'-;'^iTw j(^isr \ m -L 1 >-/ J. X PI? ON THE Diflaculties which have recently arisen between the Gen- tlemen Ecclesiastics of the Seminary of St. Sulpice of Montreal, AND Certain Indians of the Iroquois and Algonquin Tribes, residing at Oka, Mission of the lake of Two Mountains. PRELIMINARY REMARKS. Before exposing the following facts and documents, it seems proper to remark, once for all, that it has always been the rule of conduct of the Seminary of St. Sulpice of Mont- real, not to defend its acts in the public prints ; and it is hoped that the public will be just enough to acknowledge that this rule of conduct has been faithfully observed on the not unfrequent occasions when attacks that where unjust and more or lest violent, have been directed against it. If therefore on this occasion, the Seminary departs from its ordinary rule, it is to satisfy a general desire manifested limits as in front of the said Mission on the said Lake and River, on condition that they will at their own cost, make all necessary outlay for the removal of the said Mission, and construct or build at their own cost a Church and Fort of stone for the security of the Lidlans, according to Plans, the said Buildings to be finished in the space of two years, and on the obligation of Fealty and Homoge, Ox residing or causing lo reside (tenir feu et lieu) on tlie said concession, to preserve the oak timber lit for the construc- tion of^ vessels which may be found on the land which the said Gentlemen reserve for building their principal manor, that they also reserve the oaks o»i those particular conces- sions partly under cultivation, made or to be made to their tenants, and to give notice to the King or Governor and Intendant of all mines or minerals if any are found throughout the extent of the said Fief and Seigniory — also to leave all necessary road and passages, to concede the said Farms in fee simple under the title of ceiH of twenty sols and one capon lor each arpont of land in front by fortj arpents in depth and of six " deniers " of cens, they being obliged lo fake possession or coiifirmatiou of the said cencession within ono year of the day of such concession — under pain of nullity. Ta conformity to the desire expressed in the said conces- sion, it was approved by His Majesty Louis, King of France on the 27 April 1718 in its whole tenor in Virtue of his '• Brevet " Royal Ovdcr^ signed with his signature the said day 27 April 1718, save that a delay of seven years was — 9 — granted to the said Gentlemen for the construction of the said Church and Fort in Sione, instead of two years men- tioned in the original deed of concession. His Majesty by the said Order " Brevet " permitted moreover to the said Gentlemen Goncesstonners to sell or give at a higher rate the lands that would have at least one quarter cleared, and ordered, that the said " Frevct " be Enregistered at the Superior Council at Quebec for all refer- ence that might be needed. H' !«j;i; The '2 October 1710 this '' Brevet " of concession ac^ cording to Jiis Majesty's order was enregistered at the office of the Superior Council at Quebec. It was again enregistered at ihe Registry OfRce of the , Provincial French Rogislrv the 14 June 1765, after the Get^sion of New France to England, and it ha,! been before enregistered at the Office of Fealty and Homage. The '26 September 1733 on the demand of Sieur Nor- mand. Priest, Superior of the Seminary of St. Sulpice establish(>d in the City of Montreal, Charles Marquis do Beauharnois, Knight of the Military Order of St. Louis, Governor and Lieutenant General for t^^e King in New- France, and Gilles Hocq..art, Knight, Councillor '^f the King, in this Council, Intondant of Justice, Police and Finance of the sama Country, in virtue of the joint powers to them given by His M.ijesty, gave, granted and conceded to the said Gentlemen Ecclesiastics of the Seminary of St. Sulpi- ce, the extent of land, not llien conceded, comprised bet- ween the lines of the Segniory belonging to the representa- tives of tiie late Sieurs de Limgloiserie and Petit, and that of the Seigniory of the Lake of Two Mountains belonging to the said Seminary, by the front of about Two Leagues on the Lake of Two Mountains, the said land abutting on an angle formed by the two lines above mentioned, of which Mie " Bombs de Vent " were then regulated, with the Hands and Ilets not conceeded and sand Bars adjacent, to the said extent of Lands, to be enjoyed by the said Gentlemen — 10 — i ■ ■ ■' Ecclesiastics of the Seminary of St. Sulpice their Successors and assigns for ever^ under the title of Fief and Seigniory and other privileges, on condition of paying Fealty ctnd Homage, at the Castle of St. Louis at Quebec, of which they are depending, with the usual rights and claims, occording to the Custom of Paris, also at the ordinary charges and obligations of concessions, being obliged to take confirmation of the same within the year. The first March 1735, His Majesty Louis, King of France, having taken cognizance of the said concession of the 26 September 1733, and having taken cognizance also of the Brevet of tha 27 April 1718 by which he had conceded to the same Seminary the said Seigniory called the Lake of Two Mountains, and wishing to favour the said Gentlemen Eccle- siastics of St. Sulpice, He by his « Brevet Royal, » signed with his hand, ratified and confirmed the said concession, wishing that the said Ecclesiastics, their successors and assigns should enjoy it in perpetuity, under the title of Fief and Seigniory, under the charge of paying Fealty and Ho- mage to His Majesty the King, without however being obli- ged to pay to His Majesty nor to his successors, any right of indemnity nor other fines, for any cause whatever, no more than for the lands to them conceded on the Lake of Two Mountains, by the Breve*, of the 27 April 1718, (nor to give by or on account of said concession « Man living or dy- ing, » (( Homme vivant ou mourant ; » if they be charged there- with they are hereby discharged from such). And whereas the said Gent:emen the Ecclesiastics of St. Sulpice have represented to Him that the transfer of the Mis- sion of *{\Q Indians from the Island of Montreal to the Lake of Two Mounldns, the stone Church, the Presbytery and a Fort of wood which they had built, had caused them a large expenditure over ihe value of the lands (;onceded to them by the preseut Brevet and by the one of 1718, His Majesty has discharged the said Gentlemen Ecclesiastics of St. Sulpice from making the said stone Fort and from all other works except those already made on the lands of the said conces- It sioii of 1718, to which he wag pleased to add three leagues in extent on the depth, of which ha likewise made gift and concession to the said Gentlemen Ecclesiastics, who were to possess them in full ownership and Seignioty as well as the old land of the said first concession, which by this means will be six leagues in depth, these said concessions being rectncled and subjected to the conditions herein above, un- der pretext that they were not stipulated in the concession of 1733, nor in the Brevet of 27 April 1717. The 12 October 1735 this last Brevet of concession, by the order of His Majesty, was registered in the Registry of the Superior Council of New France, to be executed according to its form and lenor. The 11 January 1765 it was presented and received at the office of the Registries at Quebec, and enregistered in the French register in the said office the 14 June of the same year 1765, and this after the cession of Canada to England, having been first registered in the Register of Fealty and Homage. In virtue of the concessions aforesaid and the different " Brevets " Royal above mentioned, the Gentlemen the Eccle- siastics of the Seminary of St. Sulpice of Montreal took pos- session of the said Fiefs and Seigniory and have ever since possessed and now possess them as I'roprietors. They therefore possess as such Animo Domini the land con- ceded to them in the first place, since one hundred and fifty eight years, and that conceded in the second place nearly one hundred and forty two years. The said Gentlemen Concessionaires have conformed them selves in all respects to the charges and conditions imposed on them by the said concessions. In the delay granted, they efl'ected the removal of ihe Mis sion of the Indians from the island of Montreal to the Lake of Two Mountains and constructed in the last mentioned place the stone church and other works exacted of them in the said Royal Brevets. ^ -;.^:; — 12 — H\ 'i'i li ial; !t-;-^ The said Genllemen Ecclesiastics have thus possessed the said Fiefs and Seigniory as 'ieignevrs and Proprietors of the same as well under the Dominion of France as under the English Rule. Even by an ordinance of the Special Council of the herotofore Province of Lower Canada passed in the third year of the Reign of Her Majesty Queen Victoria, chap. 30, ^1841 ) and intituled " Ordinance to incorporate llie Ecclesias- tics of Ihe Seminary of St. Suljiice of Montreal^ to confirm their title to the Fief and Seigniory of the Lake of Two Monn tains and to the Fief and Seigniory of St. Sulpice in this Province, to effect the gradual extinction of the Seigniorial rights and dues, and for other purposes, " the Gentlemen of the Semi- nary were duly incorporated under the name of the Eccle- siastics of the Seminary of St. Sulpice of Montreal " and their rights and titles to the said Seigniory of the Lake of Two Mountains, and to all and every the Domaines, Lands, Reserves, Buildings, Messuages, Tenements and Heredita- ments situated within the said Seigniory,'were confirmed and declared good, valid and efiectual in Law, as fully and am- ply, in the same manner and to the same extent as the Ec- clesiastics of the Seminary of St. Sulpice of the Faubourg St. Germain in Paris or of the Seminary of St. Sulpice of Mont- real, conformably to the constitution, before the eighteenth day of September 1759, or of the two Seminaries, or of each one of them, could or might do or had the right to' do, or could or might enjoy, do and dispose of the said rights and titles, or of any part of them beforC/the said last mentioned epoch. ■ By the said ordinance it was further ordained that the Community of the Ecclesiastics of ihe Seminary of St. Sul- pice'of Montreal and their Successors should be invested with the said Seigniory of the Lake of Two Mountains, of all and each the Domaines, Farms, Buildings, Messuages, Te- nements and Hereditaments whatsoever, to, by them the said Genllemen Ecclesiastics of the Seminary of St. Sulpice of Montreal and their Successors and assigns, have and — 13 — to hold, possess, to do and enjoy the same as the true and le- gal proprietors and possessors of the same and of all and every portion thereof for the sole use and advantage of the said Ecclesiastics of ihe said Seminary and of their Successors, in perpetuity, under the terms, clauses and conditions expressed in the present ordinance, that is to say, amongst other things, the Mission of the Lake of Two Mountains for the Moral and Religious instruction of the Algonquins and Iro- quois Indians. In virtue of 41 Chap, of the consolidated statutes of Lower Canada, Intituled, " Act concerning the abolition of the Seigniorial Tenure and the feodal rights and dues," section C6, the said Seigniory of the Lake of Two Mountaii!s fell under the disposition of the said Act under certain modi- fications. Nevertheless it is enacted by section 71, that the lands not conceeded in the said Seigniory should be the absolute property of the said Seminary in free and common Soccige, and that they could sell any of these lands or any other im- moveable to them belonging, and dispose of them either for money or for " rentes foncieres rachetables," the ])roduct3 of such sale to be placed or invested according to law. Such are the titles of the Gentlemen of the Seminary of Si. Sulpiceof Monlral to the property of the Fief and Seigniory of the Lake of Two Mountains, perfect and incontestable titles, established, recognised, confirmed and ratified by tlie Domi- nion of France a-.id England, and by the Legislature of this Country, under the sole condition that the Seminary should provide for the religious and moral Instruction of the In- dians, Algonquins and Iroquois, of the Lake of Two Moun- tains ; of the validity of these' titles there can be no doubt, and since the Act 1859, the Gentlemen of the Seminary ha.e ihe absolute properly in free and common soccage of all the un- conceded lands m the said Sesigniory. ■S' — 14 — CHAPTER II. The fulfillment of the OBLiGiiTioirs by the Gentlemen OF the Seminary. Now let us see if the Gentlemen have fulfilled as well to- wards the Government of France as towards the English Government, the obligations imposed on them as well by the original concessions and Royal " Brevets " as by the Ordi- nances and Statutes confirming the said concessions. Did they transfer the Indian Mission from the Island of Montreal to the North West side of the Lake of Two Moun- tains ? — Yes. Did they provide for the Moral and Religious instruction of the Indians ? — Yes. Did they Build a Church for their religions training, ? — Yes. Did they maintain places of education namely : convents, school houses, etc., for their moral instruction? — Yes. Did they provide the establishment of the said mission ? —Yes. As far back as the year 1717, at a heavy cost, they remov- ed from the Island of Montreal to the Lake of Two Mountains, the Iroquois and Algonquins then settled at Sault au R6co'- let. They grouped them around their Church, having built for them residences, on land which they permitted them to occupy with their families and their descendants of Indian extraction, according to their good pleasure. In view to their instruction, to accustom them to labor, and in order to secure for them the benefits of agriculture, the Gentlemen permitted each head of a family of these tri- bes, to occupy and cultivate a field containing a certain num- ber of arpents of land. Nevertheless these permissions to oc- cupy and cultivate the lots of ground conceded, were given only on the condition that they themselves and their Indian descendants should enjoy them, and not transfer them to any — "15 — , while man ; the whole for the length of time which the good pleasure of the Seminary will allow. These permits of occupation, the originals of which are deposited in the archives of the Mission, read as follows : I the undersigned Nicolas Dufresne, Priest and Director of the Mission of the Lake of Two Mountains therein residing, and duly authorized to this effect by Messire QuiMier, Priest and Superior of the Gentlemen, the Ecclesiastics of the Se- miuary of Montreal, acting, for and in the name of the said Gentlemen Ecclesiastics of the said Seminary of Montreal proprietors of the Seigniory of the Lake of Two Mountains, in virtue of the Power given me by the said Gentlemen Ec- clesiastics, have permitted Jean-Baptiste Anenharison, Iro- quois, residing in the said mission, to enjoy himself and his family, a lot of Land situated in the said Misison near the village thereof, containing about two arpents in depth by about six arpents in breadth, from this date, during the good pleasure of the Seminary, during which time, he, the said taker will use the said land as a good husbandman, will cultivate the same at proper times and seasons, and reap the fruits thereof for his proper use and advantages, according to the custom and usages of the other Indians of the said Mission, without deterioration under any pretext whats^ver. That he cannot sub-let nor transfer the present holding to any other person or perfons whatsoever, nor under any pretence whatsoever without the express permission of the Director of the said Mission. That he the said taker cannot build or erect, or cause to be erected ou the said land any dwelling house or other Build- ing whatever during the term of these presents without the consent of the said Director, and in case he should do so with such permission, at the expiration of these presents the whole will belong in full property to the said Gentlemen Ecclesiastics, and without reimbursement to the hn'der of any sum of money, and without his being able to exact any remuneration, under pain, &c. ■•.■•-■ — lO- This present permission is given by me the undersigned, I*riest, (in my said capacity) on the conditions above expres- sed, without which I would never have granted these pre- sents. The said land being bounded to the North by the moun- tain ; to the Soutb by the first Farm, to the West by the land granted to Akanray and to the East by a Cart Road. The said Jean-Baptiste Anenharison here present after ha- ving taken communicalioa of all the foregoing expressed conditions, by the reading made to him in pvesence of Hyacinthe Cherrier and Bazile Gharlebois undersigned, witnesses duly called, declared he well understood and com- prehended the whole, and volnnlarily agreed and obliged himself to well and truly fulfil the whole and each of the conditions above expressed, under pain of nullity of these presents, lor any contravention by him of any of the condi- tions above written, for thus, etc. Thus exe. uted at the village of the Mission, in the Semi- nary's House the 9 June 1836, in presence of the said witnes- ses, who have signed with us Priest. (here follow the signatures) Knowing beforehand the disposition of the Indians to the use of Strong Liquors, their indifference to secure for them- selves a permanent establishment, their roving character, their inexperience in the ordinary affairs of every day life, their prodigality following their excesses, and the avidity of speculators to profit by their artlessness and drunkenness, the Gentlemen of the Seminary, in giving them these p3r- mits of occupation, exercised all prudence possible, giving them only a precarious tille^ and reserving to themselves the right of property, as the above cited deed fully expresses it. If it had been otherwise, speculation would have long since made inroads, all these lands would have long since passed into the hands of the whites, and the mission would have been destroyed. -^17- Tt is well known by every body that since the removal of the mission to the Lake of Two Mountains, each head of a family of these tribes of Indians has had : lo. The enjoyment of a field of an extent sufficient for all his wants ; 2clly. The Permission to take in the Domaine of the Sei- gniory all the wood necessary for Building and heating purposes ; 3dly. The permission to graze their cattlt on z >,rge extent of lands, called " The common " ; 4thly, The use of a Church under the chargtj of zealous missionnaries, in order that they might there perform their religious duties. 5thly A school for the boys, p -isently under the direction of the Christian Brothers. 6thly A Convent for the girls, under the direction of the Sisters of the Congregation, and all this, free of any charge. It is necessary to call to mind that for years past, for the purpose of accustoming the Indians to work, the Seminary gave them certain work which would turn to their advantage and profit, and for which they were amply paid. What more could they ask ? If such advantages had been given to persons caring for agriculture, all these fields now occupied by the Indians in- stead of being over grown with bad weeds, without ditches, fences and uncultivated, would have (as the soil is of a su- perior quality) an aspect of fruitfulness and wealth. CHAPTER III. THE CONDUCT OF THE INDIANS TOWARDS THE SEMINARY. The Indians dislike agriculture, they love hunting ; so lon» as hunting was profitable they lived content. But game having failed, they were obliged to turn their attention to the cultivation of the soil to procure their subsistance. But the Indians do not like nor will they ever like thig kind of work 2 ' i n 18 '•II I ■■1 i :i|. I I'' '1I' mv' they like racing, open fields, and above all an easy going t'xistance, " far-niente." It was then they commenced to reflect oil the means to be taken to live without work. " The Seigniory of the Two-Mountains is our property said they. " Some men of inflkience and hostile to the Seminary, taking advantage of the simple mind of the Indians made them be- lieve that if they changed their religion, the Government would let them have the Seigniory. Yielding to these intri. guant councils, a large number of these Indians, three chiefs at their head, apostasized, proclaimed their title to the properly of the Seigniory and set themselves up us the masters of the property of the gentlemen of the Seminary. In and since the year one thousand eight hundred and sixty nine they threatened these gentlemen, they came to the principal house of the mission and then and there notified the gentlemen to leave the house and never return, and that if they refused to do them justice they would take the means of getting rid of these pretended Priests and successors of St. Peter, that they could no longer tolerate their conduct, (see the letter of three of the chiefs addressed to His Excellency *he Governor General dated 26 February 1869.) From threats they proceeded to acts of violence, they commenced to commit the depredations and encroachments from which have arisen all the proceedings for the past six years. Putting aside all notions of deference, without asking leave, they proceeded to cut the L.iest trees of the forest and made a trade of it, they took no heed to the reiterated prohibitions of the gentle- men and their servants, they replied by saying : — We are the masters. — They even enlarged their fields by trespassing on those of the gentlemen, they made new fences to enclose the encroached lands, their answer was : — It is our land ; they destroyed the wood, burned the fences belonging to the gen- tlemen and their tenants and the answer was always the same : it is our property ; they entered even the yard of the seminary, and there with arms in their hands, took posses- sion of the wood which v/as there, and said : it is our property : always taking the law into their own hands without recours to the Courts of Justice. Although again and again condemned by the magistrates for liies3 brfMchesoJ" the Peace, in-spite of the judicious Coun- cils given them by His Honour Judg«> Johnson to have re- course to the Courts if they had rights to vindicate, in-spite of several judgements of the Superior Court condemning these encroachments, indifferent to these judgements and deaf to idvice coming from so enlightened a source, thev not only continued these acts of violence and trespasses but even assaulted the officers of the Law, and assailed even the surveyor appointed by the Court to establish their boundaries, they went as far as to fabricate the blackest calumnies in ac- cusing the Priest in charge of the mission of a brutal assault upon an Indian woman, an accusation declared by six justi- ces of the Peace, of whom two were prot»>stants, to be \»ithout foundation. ' . . ; CHAPTER IV. ' ' THE AFFAIR OF THE CHAPEL. The public expects and we will ask it to listen to a clear and truthful exposure and statement of the facts relating to the construction as well as to the demolition of this edifice, because fanaticism has been much mixed up with the difficul- ties which arose in this respect between the Seminary and the Indians, in order lo have it said that these gentlemen were persecutors, and the Indians poor miserable persecuted, entirely at the mercy of their tyrants. The methodist journals have made it a religious question, they have en- deavoured to change the subject, by leaving aside the legal consideration in order lo have the satisfaction of making an accusation as false as it was gratuitous against the Seminary. They tried to forget that in attacking the Seminary they were attacking at the same time the judicial authority ; for we must not loose sight of the fact that the Seminary was put in possession of the land on which was erected the chapel, by virtue of a judgement rendered by the Superior Court of Lo- wer Canada. Here no follow the exact facts : fl • ■ ' — ^U — These gciUlemeii as well in virtue of the concessions, as of the onlinanceof 1841 and naiMciilarlv the* Provincial Statute of 18.*)9, were and are still proprietors of a certain portion of laud not conceeded, situated at OKa. This land had never been leased, nor never was under any permit of occupation, it had never been enclosed, nor cultivated, it therefore was and is still part and portion of the Doinaine of which the gentlemen are recognized as the incontestable proprietors. The three Iroquois Chiefs as trustees of a certain Weslyan Methodist Congregation, got an old Indian woman (who had no right whatever) to consent to a Notarial sale of this laud, took possession, and commenced to build the chapel in ques- tion. They therefore undertook to build this ch\ipel on the Se- miuary properly, not only without leave but in defiance of their protestations and warnings. It was on the part of the Indians an act of usurpr.tion of the most aggravated kind. The Seminary was consequently obliged either to resist, or to abandon its rights as proprietor. If a Catholic church had been built under the same circumstances and with the same con- tempt of the Seminary's rights, without doubt the Seminary would have in tlie same way applied to the Courts to obtain its demolition. Brf it well understood that by the destruction of this methodist chapel the Seminary never had the inten- tion, as certain news p ipers have reported, to attack the re- ligious liberty of the Indians in forbidding them to procure a place wherein to exercise their religious duties according ■ their mode of worship, on the contrary the Indians are at uU liberty to use any land for that purpose of which they nave u legal possession, if they think fit to do so; the Semi nary have only asked that they should respect the Law, and the sacred rights of ownership. As soon as the encroachment was committed under the direction of the three chiefs of the Iroquois tribe, they were served with a protest by the Seminary's Notary. As they took no notice of this protest, the Seminary secured the ser- vices of Mr. Prevost, advocate, and instituted immediately !i ''■! — 0! _ an action, in ivvoiidicalioii, a<,'ainst tlio.-.e fhrne rliiofs '.i Ihinr pi.Tsonal nanif ; lli(> lalter aiipeaivtl tliroiijjh Mr. Mi^- Laron, advocate, and conlinned their work withonl any regard to this IVtetory action. The delays to plead having expired, their advo''ate was asked to (He his pleas which he omitted doing and ho was lorclosod, and the case inscribed "Ex parte" for onquete and hearing; the very day of the enqnetc their advocate, Mr. McLaren, appeared in Court, and with the consent of Mr. Provost Iho dofanlt w.ts removed and ho was pormitteO to plead, and the inscription was rnled out. , Having at last filed his pleas, amongst other defences he pleaded that tlie Defendants had not taken possession of the land in their own names, hnt as trustees of a certain reli- gions congregation called Wesloyan Methodists, had acquired this land from an Indian woman, before the action, by a notarial deed, and produced the d^-ed itself on making his defence sh wing who were the real holders by virtue of the said authentic deed. The gentlemen were therefore obligjjd to discontinue their action, to piy the costs, and to i.too another action against those who, according to thisauihentic deed, pretended to be the proprietors of the land in question. The new action was thereupon served the 29 Mni 1875, re- turnable the 21 June, Mr. bIcLaren sent in his appearance, saying he would file his defence in this canse the II July, which day he was to be at St. Scholastiiiue for the contesta- tion of the Argentouil Election ; !ie actually did come that day to St. Sciuilastiiiue. F-Jeing informed that his costs in the first action were deposited in the hands of the Prothonnlary, he was asked for his defence on the new case. He replied that he would produce the same before ho left for town, but he did nothing. About the middle of August Mr. Mathieu one of the advocates of the Plaintiffs wrote him, informing him that his defence was expected shortly, as 'die Plainlitls intended terminating this canse. This letter remained un- answered. The lirst September (I875t (these facts are shown on the face of the record), a demand to plead was signiUed 00 ?^\v to Mr. McLaren in Court, as lie had not elecled domicile, the Prothoiiotary Br 'helot sent him a copy immediately, as ap- pears by Mr. Beri.ielot's certilicate annexed hereafter. ^ According to the Code of procednre Mr. McLaren was held to plead within the three judicial days after the signification and notice, and in consequence the 5th September the Plain- tiffs had a right to foreclose and lo inscribe their case '■'■Ex parte''; nothing was done however, and about the middle of Sop'ember Mr. Muthieu wrote again to Mr. McLaren ask- ing him for his pleas and informing him specially that in default of his so doing within a reasonable delay he would proceed Ex parte. This letter as the proceeding one received no answer. Finally the G October last, the delay for the PlainlifTs being about expiring it was necessary to go on wilh the case, if they desired to proceed during that term. A certificate of fore- closure to plead in this action was tb jrefore obtained, and the same day a copy of the inscription for proof was sigfified to Mr. McLaren foi the 13 October. Tl 's copy we also forwarded to Mr. McLaren by the Prothonoiary as the latter declares in the same certificate. In spite of these ver bal and written demands Mr. McLaren never fyled any pleas and even neglected to appear at Court the 13 October, notwithstanding the inscription fyled on the record, and of which he must have had a perfect knowledge from the letters of Mr. Mathieu and the Prothonotary, and from copies of the inscription, as appeai:s by the said certificate. In view of these facts, were the PlamtiUs not justified in proceeding with their case on the 13 October last? Is it not strange that Mr. McLaren now says that ne loas taken by sur- prise ty the advocates of the Seminary ? Witho it compro- mising his clients interests, it was imoossible for the advo- cate of the Seminary to act with more liberality towards his confrere. The 13 October the PlairlifTs proceeded with their enquele and after due deliberation, the Court declared by its judge- ment the gentlemen of the Seminary proprietors of the land «)•» in questioii, and condemned the Defendants to deliver up and give back possession to the said Plaintiffs. Copy of this jndg- ment was signified, and on the D-ifendants refusal to give up the property, a writ of possession was put in the hands of the Sheriff who, to fulfil the conditions of the Law and the judg- ment of the Court, put the Plaintiffs in possession of the land revendicated. The Defendants not having pleaded any possession in good faith, nor claiming indemnity for improvement, the Plain- tifTs were put in possession of the land, as it then was; and as proprietors they had th'^ right to use it as they saw fit, and no one can blame them for having asked the removal of the said buildings, the Defendants even less than any others^ as they have persisted in building theli* chapel, which, when the first case was instituted, they were then only beginning. Such are the facts as they occured. As to the particular fact of the demolition of this chapel, which was of little value, it was the Sheriff j.nd not the Semi- nary who demolished it. He the Sheriff caused it to be done in execution of the judgment, and bj men who came with him or were there chosen by him. , On the arrival of the Sheriff, the keys of the chapel were handed over to him by one of the chiefs of the ijiethodist Indians, and he the Sheriff notified him at the same time that the Indians might remove the benches and furniture which were inside, and even the windows of the chapel, which things were therefore put aside with care and left for the future disposition of the methodist Indians. As to the other materials of the Chapel they were by order of the Sheriff removed to the Seminary wood yard, and a few days after were given to the Indians by the priest in charge of t'-e Mission, who caused Lhem to be carted at his own cost on to the property of the protestant school house, although Jie was in nowise obliged thereto, as by the judgment these materials belonged to the Seminary. Three hours time were s ifFicient for the demolition of the ml — 24 — chapel, it was done between two and five o'clock in the afternoon, without any noisy demonstration ant* quietly. And none of the Gentlemen of the Semir.ctry were present or took any part therein. Thi$ishow the demolition took place, and far therefore it is from having been done under the view and in the presence of one of the Gentlemen of the Seminary, and with menaces and insults to th« Indians, as it has been so much said and repeated. -:o: vini CONCLUSION. THE RESULT OF ALL THE ABOVE IS : 1st. That the Gentlemen of the Seminary are the only true proprietors, in virtue of incontestable and iudef<\nsible , titles, of the Seigniory, Fief and Domain of the Lake cu l\vo- Mountains. 2nd. That the Indians never owned an inch of ground as proprietors but only under a very precarious title, as they never enjoyed any land they occupied for any longer time than the pleasure of the Gentlemen, as appear in the several deeds granted to the Indians, as mentioned and stated in the above recited deed ; what then becoPiCs of the famous pres- cription invoked by the Indians and their friends? 3rd. That since the removal of the mission of the Sault- aux-RecoUets to the Lake of Two Mountains, the Gentlemen have provided not only for the moral and religious wants of the Indians, nut even gratuitously permitted them as abo'/e mentioned to occnpy and cnltivate fields, extensive enough to provide for the vvants of themselves and their families. 4th. That they always gave them leave to take the neces- sary wood for building and heating pnrposes in such places as were pointed out to them. 5tli. That the Indians with their indolent characters would not avail themselves of the means offered them to earn an honorable livelihood. Gth. That giving ear to intermedlers and following their perfidious councils they apostasized with the ridiculous view of possessing themselves of the seigniory of the Lake of Twmd Mountains, and to ol»tain authority from the government for the expulsion of the Gentlemen ; nevertheless since their apostasy the Gentlemen h.ive not deprived them of any of I Ij I :^!, ¥ f "i «k-'M' . . . ■> ^ t,» "s :-.^ — 26 — '■■.■ their privileges, on the contrary, they have treated them as Catholics and have continued to give them work as heretofore 7th. That far from having recourse to law and the tribu- nals of justice to gain their pretended rights the Indians render- ed themselves guilty of acts against the law and of successive encroachments which have repeatedly occurred since about six years. . , . ^ .. , , , ,, , :,.,,,,,.,..., 8th. That to ensure for themselves the support and sympa- thy of a religious authority hostile to the Seminary, they con- structed against its wishes protestations and law suits, on the land belonging to the Seminary, a methodist chapel. 9th. That the Gentlemen of the Seminary to justify their rights have always had recourse to the Courts of justice, not with a view of exercising a religious persecution, although they have been so accused through certain public journals, but with the sole object of saving their just rights of property and to put an end to the depredations and eticroachments of the Indians. - ^. 10th. That if when the last petetory action concerning the land on which they built the chapel, the Defendants did not fyle their pleas, tne cause is owing to the neglect of their attorney and not from a lack of liberality on the part of Messrs. Prevost and Mathieu, the advocates of the Seminary, who on that occasion fulfilled towards their confrere all the obligations and courtesies observed in their profession. 11 th. That the Gentlemen of the Seminary having been by judgment of a competent Court declared proprietors of the land which the Indians had unjustly taken, and having been put in possession of this land by the proper authority in virtue of the writ of possession also mentioned in said certificate, they had the right of enjoying the land at pleasure and to demolish the buildMigs constructed thereon. 12th. That the Defendants not having shown or made good any right before the Court or even a defense to the petetory action, Iiave no claim to set up either for ameliorations or indemnities — 27 — No one will admit such a ridiculous prelension tiiat the ohligations of these Genllemento provide ior the Moral and religious instruclion of the Indians, brings with it, that of providing for their temporal wants, that of procuring for them every thing they might require, and to keep them in Iheir idleness. It is also ridiculous to pretend in the face of the titles above mentioned that the indians have the right to devastate their forests, to take possession of the seign- iorial domain, and to exercise the right of ownership on any part of the Seigniory without taking into consideration the right of property of the Gentlemen of the Seminary; what would have been the use of their deeds of concession, made ' to them by the king of France, giving them the absolute ownership of the property with all the rights and privileges attached to such concessions, if the Indians had such rights of ownership as above spoken of? Now, in the face of these facts, can any just and impartial man make of this Oka dilTiculty a question of religion ? It is impossible. The whole case stands thus : — on the one side a series of lawless acts of defiance, encroachment and usurpa- tion ; on the other mere self defense conducted with forbear- ance and moderation through the legal tribunals of the country Which side merits the approval of justice and religion ? No privilege has been withdrawn from, no kindnjss has been refused to any Indian on account of his change of reli- gion ; Where then is the persecution so loudly complained of ? In what have the rights of humanity been violated ? Let not the golden rule of our common Christianity, " do as you would be done by," be broken in open da^, and by the teachers of religion ! ! ; The zealous and perhaps benevolent advocates of the Indians are respectfully invited to make the case of the Seminary their own : Let a catholic priest seize upon a lot of their ground, and there build a church for his followers, without even asking leave, and with the avowed object of creating a right of ownership ! what would these benevolent advocates of the Indians say ? What would they do ? <}%: l';!iii — 28 — This was the exact position of the Seminary in relation to the methodisl chapel of Oka. The con(;luding request of the Seminary, respectfully pre- sented to the well meaning advocates of the Indians, is, to pause a little, lest, by proceeding further, they should, though unwittingly he-assailing the very basis of all regularly orga- nized human society, and of natural justice, — the rights of property. Montreal, 14th January 1876. J. LAGAN, Priest S. S., Director of the Mission of Oka W. PREVOST, Advocate of the Seminary, W { Niiii't CERTIFICATE OF THE PROTHONOTARY HEREIN ABOVE REFERRED TO. D^^^To^7™^o";.. } '^ the superior court. No. 374. • The Gentlemen the Ecclesiastics of the Seminary of St. Sulpice of Montreal, Plainti/f's, Louis Kanonsakenhiato & al., Defendants. J, Jules R. Bortheiot, Prothonotary of the Superior Gourt for the District of Terrebonne, residing at St. Scholasti