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BRITISH COLUMBIA. PAPERS CONNECTED WITH THE INDIAN LAND QUESTION 1850-1875. British Columbia. Legislative Assembly. 1876

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 BRITISH   COLUMBIA.
PAPERS
CONNECTED with the
INDIAN  LAND   QUESTION.
1850-1875.
VICTOEIA :
PRINTED BY RICHARD WOLFENDEN, GOVERNMENT PRINTER,
AT   THE   GOVERNMENT  PRINTING  OFFICE,  JAMES7   BAY.
1875.
12  39 Vic. Papers relating to Indian Land Question. 163
CONTENTS.
Conveyance op Land to Hudson's Bay Company by Indian Tribes.
Correspondence between the Secretary oe State for the Colonies and Governor
Douglas.
Correspondence between the Colonial Secretary and the Chief Commissioner
of Lands and Works.
Correspondence between the Rev. J. B. Good and the Colonial Government.
Correspondence between the Lieutenant-Governor and the Secretary of State
eor the Provinces.
Correspondence between the Indian Commissioner and the Provincial Government.  39 Vie. Papers relating to Indian Land Question 165
BRITISH  COLUMBIA.
PAPERS
CONNECTED WITH THE
IJSTJDTJsJSr   LA-^TID   Q-TTZESTIOIsr.
1850-1875.
CONVEYANCE OP LAND TO HUDSON'S BAY COMPANY
BY INDIAN TRIBES.
Teechamitsa Tribe—Country lying between Esquimalt and Point Albert.
Know.all men, we, the chiefs and people of the Teechamitsa Tribe, who have
signed our names and. made our marks to this deed on the twenty-ninth day of
April, one thousand eight hundred and fifty, do consent to surrender, entirely and
f®r ever, to James Douglas, the agent of the Hudson's Bay Company in Vancouver
Island, that is to say, for the Governor, Deputy Governor, and Committee of the
same, the whole of the lands situate and lying between Esquimalt Harbour and
Point Albert, including the latter, on the Straits of Juan de Fuca, and extending
backwards from thence to the range of mountains on the Saanich Arm, about ten
miles distant.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
"We have received, as payment, Twenty-seven pounds ten shillings sterling.
In token whereof, we have signed our names and made our marks, at Port
Victoria, 29th April, 1850.
(Signed)       See-sachasis his x mark,
and 10 others.
Done in the presence of
(Signed)   Roderick Finlanson,
Joseph William McKay. 166 Papers relating to Indian Land Question. 1875
Kosampsom Tribe—Esquimalt Peninsula and Colquitz Valley.
Know all men, we, the chiefs and people of the Kosampsom Tribe, who have
signed our names and made our marks to this deed on the thirtieth clay of April,
one thousand eight hundred and fifty, do consent to surrender, entirely and for ever,
to James Douglas, the agent of the Hudson's Bay Company in Vancouver Island,
that is to say, for the Governor, Deputy Governor, and Committee of the same, the
whole of the lands situate and lying between the Island of the Dead, in the Arm or
Inlet of Camoson, and the head of the said Inlet, embracing the lands on the west
side and north of that line to Esquimalt, beyond the Inlet three miles of the Colquitz
Valley, and the land on the east side of the arm, enclosing Christmas Hill and Lake
and the lands west of those objects.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Fifty-two pounds ten shillings sterling.
In token whereof, we have signed our names and made our marks, at Fort
Victoria, on the thirtieth day of April, one thousand eight hundred and fifty.
(Signed)       Hookoowitz his x mark,
and 20 others.
Done in the presence of
(Signed)   Alfred Robson Benson, M.R.C.S.L.
Joseph William McKay.
Swengwhung Tribe—Victoria Peninsula, South of Colquitz.
Know all men, we, the chiefs and people of the family of Swengwhung, who have
signed our names and made our marks to this deed on the thirtieth day of April, one
thousand eight hundred and fifty, do consent to surrender, entirely and for ever, to
James Douglas, the agent of the Hudson's Bay Company in Vancouver Island, that
is to say, for the Governor, Deputy Governor, and Committee of the same, the
whole of the lands situate and lying between the Island of the Dead, in the Arm or
Inlet of Camoson, where the Kosampsom lands terminate, extending east to the
Fountain Ridge, and following it to its termination on the Straits of De Fuca, in
the Bay immediately east of Clover Point, including all the country between that
line and the Inlet of Camoson.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Seventy-five pounds sterling.
In token whereof, we have signed our names and made our marks, at Fort
Victoria, on the thirtieth day of April, one thousand eight hundred and fifty.
(Signed)       Snaw-nuck his x mark,
and 29 others.
Done before us,
(Signed)    Alfred Robson Benson, M.R.C.S.L.
Joseph William McKay. 89 Vic. Papers relating to Indian Land Question. 167
Chilcowitch Tribe—Point Gonzales.
Know all men, we, the chiefs and people of the family of Chilcowitch, who
have signed our names and made our marks to this deed on the thirtieth day of
April, one thousand eight hundred and fifty, do consent to surrender, entirely and
for ever, to James Douglas, the agent of the Hudson's Bay Company in Vancouver
Island, that is to say, for the Governor, Deputy Governor, and Committee of the
same, the whole of the lands situate and lying between the Sandy Bay east of Clover
Point, at the termination of the Swengwhung line, to Point Gonzales, and thence
north to a line of equal extent passing through the north side of Minies' Plain.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us ; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever ; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Thirty pounds sterling.
In token whereof, we have signed our names and made our marks, at Fort
Victoria, on the thirtieth day of April, One thousand eight hundred and fifty.
(Signed)       Qua-sun his x mark,
and 11 others.
Done in the presence of
(Signed)   Alfred Robson Benson, M.R.C.S.L.
Joseph William McKay.
Whyomilth Tribe—North-west of Esquimalt Harbour.
Know all men, we, the chiefs and people of the family of Whyomilth, who
have signed our names and made our marks to this deed on the thirtieth day of
April, one thousand eight hundred and fifty, do consent to surrender, entirely and
for ever, to James Douglas, the agent of the Hudson's Bay Company in Vancouver
Island, that is to say, for the Governor, Deputy Governor, and Committee of the
same, the whole of the lands situate and lying between the north-west corner of
Esquimalt, say from the Island inclusive, at the mouth of the Saw-mill Stream, and
the mountains lying due west and north of that point: this District being on the
one side bounded by the lands of the Teechamitsa, and on the other by the lands of
the Kosampsom family.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and. tor
those who may follow after us ; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever ; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Forty-five pounds sterling.
In token whereof, we have signed our names and made our marks, at Fort
Victoria, on the thirtieth day of April, One thousand eight hundred and fifty.
(Signed)       Hal-whal-utstin his x mark,
and 17 others.
Done before us,
(Signed)   Alfred Robson Benson, M.R.C.S.L.
Joseph William McKay. 168 Papers relating to Indian Land Question. 1875
Che-ko-nein Tribe—Point Gonzales to Cedar Hill.
Know all men, we, the chiefs and people of the tribe or family of Che-ko-nein,
who have signed our names and made our marks to this deed on the thirtieth day
of April, one thousand eight hundred and fifty, do consent to surrender, entirely
and for ever, to James Douglas, the agent of the Hudson's Bay Company in Vancouver Island, that is to say, for the Governor, Deputy Governor, and Committee
of the same, the whole of the lands situate and lying between Point Gonzales and
Mount Douglas, following the boundary fine of the Chilcowitch and Kosampsom
families, the Canal de Haro, and the Straits of Juan de Fuca, east of Point Gonzales.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us ; ana the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever ; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Seventy-nine pounds ten shillings sterling.
In token whereof, we have signed our names and made our marks, at Fort
Victoria, on the thirtieth day of April, One thousand eight hundred and fifty.
(Signed)       Chayth-lum his x mark,
and 29 others.
Done before us,
(Signed)   Alfred Robson Benson, M.R.C.S.L.
Joseph William McKay.
Ka-ky-aaran Tribe—Metchosin.
Know all men, we, the chiefs of the family of Ka-ky-aakan, acting for and with
the consent of our people, who being here present have individually and collectively
confirmed and ratified this our act. Now know that we, who have signed our
names and made our marks to this deed on the first day of May, one thousand eight
hundred and fifty, do consent to surrender, entirely and. for ever, to James Douglas,
the agent of the Hudson's Bay Company in Vancouver Island, that is to say, for the
Governor, Deputy Governor, and Committee of the same, the whole of the lands
situate and lying between Point Albert and the Inlet of Whoyung, on the Straits of
Juan de Fuca and the snow covered mountains in the interior of the Island, so as
to embrace the whole tract or District of Metchosin, from the coast to these said
mountains.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us ; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever ; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Forty-three pounds six shillings and eight
pence.
In token whereof, we have signed our names and made our marks, at Fort
Victoria, on the first day of May, One thousand eight hundred and fifty.
(Signed)       Quoite-to-kay-num his x mark.
Tly-a-hum his x mark.
•   Descendants of the Chiefs—ancient possessors
of this District, and their only surviving
Done in the presence of heirs—about 26 in number.
(Signed)   Alfred Robson Benson, M.R.C.S.L.
Joseph William McKay. 39 Vic. Papers relating to Indian Land Question. 169
Chewhaytsum Tribe—Sooke.
Know all men, we, the chiefs of the family of Chewhaytsum, acting for and on
behalf of our people, who being here present have individually and collectively
ratified and confirmed this our act. Now know that we, who have signed our
names and made our marks to this deed on the first day ol May, one thousand eight
hundred and fifty, do consent to surrender, entirely and for ever, to James Douglas,
the agent of the Hudson's Bay Company in Vancouver Island, that is to say, for
the Governor, Deputy Governor, and Committee of the same, the whole of the
lands situate and lying between the Inlet of Whoyung and the Bay of Syusung,
known as Sooke Inlet and the snow covered mountains in the interior of the Island.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us ; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever ; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Forty-five pounds ten shillings.
In token whereof, we have signed our names and made our marks, at Fort
Victoria, on the first day of May, One thousand eight hundred and fifty.
(Signed)       Al-chay-nook his x mark.
We-ta-noogh his x mark.
Cha-nas-kaynum his x mark.
Chiefs and representatives of the family of
Chewhaytsum,   who collectively   have
ratified the sale—about 30 in number.
Sooke Tribe—North-west of Sooke Inlet.
Know all men, we, the chiefs of the family of Sooke, acting for and on behalf of
our people, who being here present have individually and collectively ratified and
confirmed this our act. Now know that we, who have signed our names and made
our marks to this deed on the first day of May, one thousand eight hundred and
fifty, do consent to surrender, entirely and for ever, to James Douglas, the agent of
the Hudson's Bay Company in Vancouver Island, that is to say, for the Governor,
Deputy Governor, and Committee of the same, the whole of the lands situate and
lying between the Bay of Syusung, or Sooke Inlet, to the Three Rivers beyond
Thlowuck, or Point Shirringham, on the Straits of Juan de Fuca, and the snow
covered mountains in the interior of Vancouver Island.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us ; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever ; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Forty-eight pounds six shillings and eight
pence.
In token whereof, we have signed our names and made our marks, at Fort
Victoria, on the first day of May, One thousand eight hundred and fifty.
(Signed)       Wanseea his x mark.
Tanasman his x mark.
Chysimkan his x mark.
Yokum his x mark.
Chiefs commissioned by and representing the
Sooke Tribe here assembled. 170 Papers relating to Indian Land Question. 1875
Saanich Tribe—South Saanich.
Know all men that we, the chiefs and people of the Saanich Tribe, who have
signed our names and made our marks to this deed on the sixth day of February,
one thousand eight hundred and fifty-two, do consent to surrender, entirely and for
ever, to James Douglas, the agent of the Hudson's Bay Company in Vancouver
Island, that is to say, for the Governor, Deputy Governor, and Committee of the
same, the whole of the lands situate and lying between Mount Douglas and Cowichan Head, on the Canal de Haro, and extending thence to the line running through
the centre of Vancouver Island, North and South.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields, are to be kept for our own use, for the use of our children, and for
those who may follow after us ; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever ; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Forty-one pounds thirteen shillings and four
pence.
In token whereof, we have signed our names and made our marks, at Fort
Victoria, on the 7th day of February, one thousand eight hundred and fifty two.
(Signed)       Whut-say-mullet his x mark,
and 9 others.
Witness to signatures,
(Signed)   Joseph William McKay,
Clerk H. B. Co's. service.
Richd. Golledge, Clerk.
Saanich Tribe—North Saanich.
Know all men, that we the chiefs and people of the Saanich Tribe, who have
signed our names and made our marks to this deed on the eleventh day of February,
one thousand eight hundred and fifty-two, do consent to surrender, entirely and for
ever, to James Douglas, the agent of the Hudson's Bay Company in Vancouver
Island, that is to say, for the Governor, Deputy Govornor, and Committee of the
same, the whole of the lands situate and lying as follows, viz :—commencing at
Cowichan Head and following the coast of the Canal de. Haro North-west nearly to
Saanich Point, or Qua-na-sung; from thence following the course of the Saanich
Arm to the point where it terminates; and from thence by a straight line across
country to said Cowichan Head, the point of commencement, so as to include all
the country and lands, with the exceptions hereafter named, within those
boundaries.
•^the condition of or understanding of this sale is this, that our village sites jand
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us ; and the land-shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever ; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have receivec^ as payment [amount not stated'].
(Signed)        Hotutstun his x mark,
and 117 others.
Witness to signatures,
(Signed)   Joseph William McKay,
Clerk H. B. Co's. service.
R. Golledge, Clerk. 39 Vie. Papers relating to Indian Land Question. 171
Queackar Tribe—Fort Rupert.
Know all men, we, the chiefs and people of the Tribe called Queackars, who
have signed our names and made our marks to this deed on the eighth day of
February, one thousand eight hundred and fifty-one, do consent to surrender,
entirely and for ever, to James Douglas, the agent of the Hudson's Bay Company
on Vancouver Island, that is to say, for the Governor, Deputy Governor, and
Committee of the same, the whole of the lands situate and lying between McNeill's
Harbour and Hardy Bay, inclusive of these ports, and extending two miles into the
interior of the Island.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Sixty-four pounds sterling.
In token whereof, we have signed our names and made our marks, at Fort
Rupert, Beaver Harbour, on the eighth day oi February, one thousand eight hundred and fifty-one.
(Signed)       Wale his x mark.
Witnesses, and 11 others.
(Signed)   William Henry McNeill, C. T., H. B. Co.
Charles Dodd, Master, Steamer Beaver.
George Blenkinsop, Clerk, H. B. Co.
Quakeolth Tribe—Fort Rupert.
Know all men, we, the chiefs and people of the Tribe called Quakeolths, who
have signed our names and made our marks to this deed on the eighth day of
February, one thousand eight hundred and fifty-one, do consent to surrender,
entirely and for ever, to James Douglas, the agent of the Hudson's Bay Company
on Vancouver Island, that is to say, for the Governor, Deputy Governor, and
Committee of the same, the whole of the lands situate and lying between McNeill's
Harbour and Hardy Bay, inclusive of these ports, and extending two miles into the
interior of the Island.
The condition of or understanding of this sale is this, that our village sites and
enclosed fields are to be kept for our own use, for the use of our children, and for
those who may follow after us; and the land shall be properly surveyed hereafter.
It is understood, however, that the land itself, with these small exceptions, becomes
the entire property of the white people for ever; it is also understood that we are at
liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.
We have received, as payment, Eighty-six pounds sterling.
In token whereof, we have signed our names and made our marks, at Fort
Rupert, Beaver Harbour, on the eight clay of February, one thousand eight hundred and fifty-one.
(Signed)       Wawattie his x mark
Witnesses, and 15 others.
(Signed)   William Henry McNeill, C. T., H. B. Co.
Charles Dodd, Master, Steamer Beaver.
George Blenkinsop, Clerk, H. B. Co.
Saalequun Tribe—Nanaimo.
A similar conveyance of country extending from Commercial Inlet, 12 miles
up the Nanaimo River, made by the Saalequun Tribe, and signed Squoniston and
Others. 172 Papers relating to Indian Land Question. 1875
CORRESPONDENCE BETWEEN THE SECRETARY OF STATE FOR
THE COLONIES AND GOVERNOR DOUGLAS.
Extract from a Despatch from the Right Hon. Sir E. B. Lytton, Bart, to Governor
Douglas, dated dist July, 1858.
3. I have to enjoin upon you to consider the best and most humane means of
dealing with the Native Indians. The feelings of this country would be strongly
opposed to the adoption of any arbitrary or oppressive measures towards them.
At this distance, and with the imperfect means of knowledge which I possess, lam
reluctant to offer, as yet, any suggestion as to the prevention of affrays between the
Indians and the immigrants. This question is of so local a character that it must
be solved by your knowledge and experience, and I commit it to you, in the full
persuasion that you will pay every regard to the interests of the Natives which an
enlightened humanity can suggest. Let me not omit to observe, that it should be an
invariable condition, in all bargains or treaties with the natives for the cession of
lands possessed by them, that subsistence should be supplied to them in some other
shape, and above all, that it is the earnest desire of Her Majesty's Government
that your early attention should be given to the best means of diffusing the blessings
of the Christian Religion and of civilization among the natives.
Copy of Despatch from the Right Hon. Sir E. B. Lytton, Bart., to Governor Douglas.
(No. 12.) Downing Street,
September 2nd, 1858.
Sir,—In my Despatch of the 31st July, No 6, I directed your attention to the
treatment of the Native Indians in the country which it has so recently been decided
to establish as a British Colony. I regard that subject as one which demands your
prompt and careful consideration. I now transmit to you the copy of a letter from
the Aborigines Protection Society, invoking the protection of Her Majesty's Government on behalf of these people. I readily repeat my earnest injunctions to you
to endeavour to secure this object. At the same time I beg you to observe that I
must not be understood as adopting the views of the Society as to the means by
which this may be best accomplished.
I have, &c,
(Signed)       E. B. Lytton.
Enclosure.
To the Right Honourable Sir Edward Buhoer Lytton, M. P., Her Majesty's
Principal Secretary of State for the Colonies, £c, 8fC, $c.
Sir,—As the Aborigines Protection Society have for many years taken a deep
interest in the welfare of the Indian Tribes to the west as well as the east of the
Rocky Mountains, I am instructed to address you on certain matters affecting
not only the rights and interests but the very existence of the numerous Indian
population of the new Colony of British Columbia. It appears, from all the sources
of information open to us, that unless wise and vigorous measures be adopted by
the representatives of the British Government in that Colony, the present danger
of a collision between the settlers and the natives will soon ripen into a deadly war 39 Vic. Papers relating to Indian Land Question. 173
of races,  which  could not fail to terminate,  as similar wars have done on the
American continent, in the extermination of the red man.
The danger of collision springs from various causes. In the first place, it would
appear from Governor Douglas's Despatches, as well as from more recent accounts,
that the natives generally entertain ineradicable feelings of hostility towards the
Americans, who are now pouring into Fraser and Thompson Rivers by thousands,
and who will probably value Indian life there as cheaply as they have, unfortunately,
done in California. The reckless inhumanity of the gold diggers of that State
towards the unfortunate Indians, is thus described in a recent number of the New
York limes:—
" The country is perfectly wild, and a dense forest, full of warlike Indians ; and,
'with the well known injustice of the miner towards anything of the genus Indian
' or Chinaman, and their foolharcliness, they will get up a series of little amuse-
' ments in the way of pistolling and scalping, quite edifying. It is the custom of
' miners generally to shoot an Indian as he would a dog ; and it is considered a
• very good joke to shoot at one at long shot, to see him jump as the fatal bullet
' pierces his heart.    And when, in the spirit of retaliation, some poor hunted
• relative watches his opportunity, and attacks a straggling white man, the papers at
' once teem with long accounts of Indian outrages. And yet the men that shoot
' down these poor Indians are not the ruffians we are led to suppose are always the
'authors of atrocities, but the respectable sovereign people, brought up in the fear
' of God by pious parents, in the most famed locations for high moral character.
' The Indian and Chinese murders are more frequently committed by men brought
' up in the quiet country villages of Eastern States, and who return looking as
' innocent as lambs. There never yet existed so bad a set of men on the face of
' this fair earth as a certain class of the highly respectable sovereigns of the states
' who find their way to the frontiers. It is much to be rejoiced at that the Fraser
' River Indians are of a serious turn of mind, and can't take a joke ; and in their
' ignorance of the sports and pastimes of the great American nation may deprive
'some of the practical jokers of their 'thatches,' "
The necessity which is imposed upon Her Majesty's Government to adopt
measures to protect the Indians against this class of diggers is too obvious to require
any further illustration or argument on our part.
But there is another aspect of the question which is of equal importance. The
Indians, being a strikingly acute and intelligent race of men, are keenly sensitive in
regard to their own rights as the aborigines of the country, and are equally alive to
the value of the gold discoveries ; no better proof of which could be furnished than
the zest and activity with which large numbers of them have engaged in gold digging. Governor Douglas states that in the earlier stages of the gold discoveries they
endeavoured to expel the settlers, who were then few in number, and to obtain possession of the fruits of their labour. But he also states that while manifesting a determination to reserve the gold for their own benefit, they yet respected the persons
and property of the whites. Other accounts describe the Indians as " quiet and peaceful," but state that " as soon as a miner lays down his pick an Indian stands by to
"make use of it for himself, and when he lays down the shovel for the pick the
"Indian takes the shovel, and relinquishes the other implement." They are further
described as having learnt the full value of their labour; in proof of which it is
stated that they now charge five dollars to eight dollars a day, instead of one dollar,
for their services as boatmen in navigating Thompson and Fraser rivers.
As, therefore, the Indians possess an intelligent knowledge of their own rights,
and appear to be determined to maintain them by all the means in their power,
there can be no doubt that it is essential to the preservation of peace in British
Columbia that the natives should not only be protected against wanton outrages on
the part of the white population, but that the English Government should be prepared to deal with their claims in a broad spirit of justice and liberality. It is
certain that the Indians regard their rights as natives as giving them a greater title 174 Papers relating to Indian Land Question. 1875
to enjoy the riches of the country than can possibly be possessed either by the
English Government or by foreign adventurers. The recognition of native rights
has latterly been a prominent feature in the aboriginal policy of both England and
the United States. Whenever this principle has been honestly acted upon, peace
and amity have characterized the relations of the two races, but whenever a contrary policy has been carried out, wars of extermination have taken place; and great
suffering and loss, both of life and property, have been sustained both by the settler
and by the Indian. We would beg, therefore, most respectfully to suggest that the
Native title should be recognized in British Columbia, and that some reasonable
adjustment of their claims should be made by the British Government.
The present case resembles no common instance of white men encroaching on
the lands and rights of aborigines for hunting or settlement. It more than realizes
the fabulous feuds of Gryphons and Arimaspians, and no ordinary measures can be
expected to overcome the difficulties which duty and interest require to be removed
if British Columbia is to become an honourable or advantageous portion of the
British Dominions. It would seem that a Treaty should be promptly made between
the delegates of British authority and the chiefs and their people, as loyal, just,
and pacific as that between William Penn and the Indians of Pennsylvania, but
that more stringent laws should be made to ensure its provisions being maintained
with better faith than that was carried out on the part of the whites. No nominal
protector of aborigines,—no annuity to a petted chief,—no elevation of one chief
above another, will answer the purpose. Nothing short of justice in rendering payment for that which it may be necessary for us to acquire, and laws framed and
administered in the spirit of justice and equality, can really avail. To accomplish
the difficult but necessary task of civilizing the Indians, and of making them our
trusty friends and allies, it would seem to be indispensable to employ in the various
departments of Government a large proportion of well-selected men, more or less of
Indian blood, (many of whom could be found at the Red River) who might not only
exert a greater moral influence over their race than we could possibly do, but
whose recognized position among the whites would be some guarantee that the
promised equality of races should be realized. The adoption of these or similar
measures would, we believe, propitiate the goodwill of the Indians ; and instead of
obstructing the work of colonization they might be made useful agents in peopling
the wilderness with prosperous and civilized communities, of which they one day
might form a part.
I have, &c,
(Signed)       F. W. Chesson,
Secretary.
Copy of Despatch from Governor Douglas to the Right Hon. Sir E. B. Lytton, Bart.
(No. 17.) Victoria, Vancouver's Island,
November 5,1858.
Sir,—I have the honour to acknowledge the receipt of your Despatch, No. 12,
of the 2nd of September last, transmitting to me a copy of a letter from the
Aborigines Protection Society, invoking the protection of Her Majesty's Government on behalf of those people.
2. While you do not wish to be understood as adopting the views of the
society as to the means by which that may be best accomplished, you express a
wish that the subject should have my prompt and careful consideration, and I shall
not fail to give the fullest effect to your instructions on that head, as soon as the
present pressure of business has somewhat abated. I may, however, remark that
the native Indian tribes are protected in all their interests to the utmost extent of
our present means.   I have, &c,
(Signed) James Douglas,
Governor. 89 Vic. Papers relating to Indian Land Question. 175
Copy of Despatch from the Right Hon. Sir E. B. Lytton, Bart., to Governor Douglas.
(No. 62.) Downing Street,
December 30, 1858.
Sir,—With reference to my Despatches of this day's date, on the present
condition of British Columbia, I wish to add a few observations on the policy to be
adopted towards the Indian tribes.
The success that has attended your transactions with these tribes induces me
to inquire if you think it might be feasible to settle them permanently in villages;
with such settlement civilization at once begins. Law and Religion would become
naturally introduced amongst the red men, and contribute to their own security
against the aggressions of immigrants, and while by indirect taxation on the
additional articles they would purchase they would contribute to the Colonial
Revenue, some light and simple form of direct taxation, the proceeds of which
would be expended strictly and solely on their own wants and improvements,
might obtain their consent.
Sir George Grey has thus at the Cape been recently enabled to locate the
Kaffirs in villages, and from that measure, if succeeding Governors carry out, with
judgment and good fortune, the designs originated in the thoughtful policy of that
vigorous and accomplished Governor, I trust that the posterity of those long
barbarous populations may date their entrance into the pale of civilized life.
I have, &c,
(Signed) E. B. Lytton.
Governor Douglas to the Secretary of State for the Colonies.
No. 4. Victoria, Vancouver's Island,
9th February, 1859.
Sir,—I have the honor of transmitting herewith for your information, my
correspondence with the House of Assembly of Vancouver's Island on the public
business of this Colony.
2. The subjects referred to in that correspondence are not of an important
nature with the exception of that marked letter, dated 5th February, 1859, which
touches on the subject of land reserved near the town of Victoria for the benefit of
the native Indian population.
3. Attempts having been made by persons residing at this place to secure those
lands for their own advantage by direct purchase from the Indians, and it being
desirable and necessary to put a stop to such proceedings, I instructed the Crown
Solicitor to insert a public notice in the Victoria Gazette to the effect that the land
in question was the property of the Crown, and for that reason the Indians themselves were incapable of conveying a legal title to the same, and that any person
holding such land would be summarily ejected.
4. In my communication before referred to, you will perceive that I have informed the House of Assembly of the course I propose to adopt with respect to the
disposal and management of the Indian Reserve at Victoria; that is to lease the
land, and to apply all the proceeds arising therefrom for the exclusive benefit of the
Indians.
5._ I have but little doubt that the proposed measure will be in accordance with
the views of Her Majesty's Government, and I trust it may meet with their
approval, as it will confer a great benefit on the Indian population, will protect them
from being despoiled of their property, and will render them self-supporting, instead
of being thrown as outcasts and burdens upon the Colony.
I have, etc.,
(Signed) James Douglas. 176 Papers relating to Indian Land Question. 1875
Copy of Despatch from Governor Douglas to the Right Hon. Sir E. B, Lytton, Bart.
(No. 114.) Victoria, Vancouver's Island,
March 14, 1859.
Sir,—I have the honour to acknowledge the receipt of your Despatch, No. 62,
ot the 30th December last, containing many valuable observations on the policy to
be observed towards the Indian tribes of British Columbia, and moreover your instructions directing me to inform you if I think it would be feasible to settle those
tribes permanently in villages; suggesting in reference to that measure, that with
such settlement civilization would at once begin; that law and religion would
become naturally introduced among them, and contribute to their security against
the aggressions of immigrants; that through indirect taxation, on the additional
articles they would purchase, they would contribute to the Colonial Revenue, and
with their own consent, some light and simple form of taxation might be imposed,
the proceeds of which would be expended strictly and solely on their own wants
and improvements.
2. I have much pleasure in adding, with unhesitating confidence, that I conceive the proposed plan to be at once feasible, and also the only plan which
promises to result in the moral elevation of the native Indian races, in rescuing
them from degradation, and protecting them from oppression and rapid decay.
It will, at the same time, have the effect of saving the Colony from the
numberless evils which naturally follow in the train of every course of national
injustice, and from having the native Indian tribes arrayed in vindictive warfare
against the white settlements.
3. As friends and allies the native races are capable of rendering the most
valuable assistance to the Colony, while their enmity would entail on the settlers a
greater amount of wretchedness and physical suffering, and more seriously retard
the growth and material development of the Colony, than any other calamity to
which, in the ordinary course of events, it would be exposed.
4. In my Despatch No. 4, of the 9th of February last, on the affairs of Vancouver's Island, transmitting my correspondence with the House of Assembly up
to that date, there is a message made to the House on the 5th February, 1859,
respecting the course I propose to adopt in the disposal and management of the
land reserved for the benefit of the Indian population at this place, the plan proposed being briefly thus:—that the Indians should be established on that reserve,
and the remaining unoccupied land should be let out on leases at an annual rent to
the highest bidder, and that the whole proceeds arising from such leases should be
applied to the exclusive benefit of the Indians.
5. The advantages of that arrangement are obvious. An amount of capital
would thereby be created, equal perhaps to the sum required for effecting the
settlement of the Indians; and any surplus funds remaining over that outlay, it is
proposed to devote to the formation and support of schools, and of a clergyman to
superintend their moral and religious training.
6. I feel much confidence in the operation of this simple and practical scheme,
and provided we succeed in devising means of rendering the Indian as comfortable and independent in regard to physical wants in his improved condition, as he
was when a wandering denizen of the forest, there can be little doubt of the ultimate success of the experiment.
7. The support of the Indians will thus, wherever land is valuable, be a
matter of easy accomplishment, and in districts where the white population is
small, and the land unproductive, the Indians may be left almost wholly to their
own resources, and, as a joint means of earning their livelihood, to pursue unmolested their favorite calling of fishermen and hunters.
8. Anticipatory reserves of land for the benefit and support of the Indian
races will be made for that purpose in all the districts of British Columbia 39 Vic. Papers relating to Indian Land Question. 177
inhabited by native tribes. Those reserves should in all cases include their cultivated fields and village sites, for which from habit and association they invariably
conceive a strong attachment, and prize more, for that reason, than for the extent
or value of the land.
9. In forming settlements of natives, I should propose, both from a principle
of justice to the state and out of regard to the well-being of the Indians themselves,
to make such settlements entirely self-supporting, trusting for the means of doing
so, to the voluntary contributions in labour or money of the natives themselves;
and secondly, to the proceeds of the sale or lease of a part of the land reserved,
which might be so disposed of, and applied towards the liquidation of the preliminary expenses of the settlement.
10. The plan followed by the Government of the United States, in making
Indian settlements, appears in many respects objectionable; they are supported at
an enormous expense by Congress, which for the fiscal year ending June 30, 1856,
granted the sum of 358,000 dollars for the support and maintenance of the Indians
of California alone, and for the four years ending with the 30th June, 1858, the
total expenditure for that object came to the large sum of 1,104,000 dollars, and
'notwithstanding the heavy outlay, the Indians in those settlements are rapidly degenerating ; neither would I recommend the system pursued by the founders of
the Spanish missions in California.
Their objects, though to a certain extent mercenary, were mainly of a benevolent kind; the Indians were educated and trained in the Roman Catholic faith;
they were well fed and clothed, and they were taught to labour; but being kept in
a state of pupilage, and not allowed to acquire property of their own, nor taught to
think and act for themselves, the feeling and pride of independence were effectually
destroyed ; and not having been trained to habits of self-government and self-reliance, they were found, when freed from control, altogether incapable of contributing to their own support, and really were more helpless and degraded than the untutored savages.
11. With such beacons to guide our steps, and profiting by the lessons of experience so acquired, we may perhaps succeed in escaping the manifest evils of both
systems ; the great expense and the debasing influences of the American system,
by making the Indians independent and the settlements self-supporting; and to
avoid the rock on which were wrecked the hopes of the Spanish missions, 1 think
it would be advisable studiously to cultivate the pride of independence, so ennobling in its effects, and which the savage largely possesses from nature and early
training.
12. I would, for example, propose that every family should have a distinct
portion of the reserved land assigned for their use, and to be cultivated by their
own labour, giving them however, for the present, no power to sell or otherwise
alienate the land; that they should be taught to regard that land as their
inheritance; that the desire should be encouraged and fostered in their minds of
adding to their possessions, and devoting their earnings to the purchase of property
apart from the reserve, which would be- left entirely at their own disposal and
control; that they should in all respects be treated as rational beings, capable of
acting and thinking for themselves; and lastly, that they should be placed under
proper moral and religious training, and left, under the protection of the laws, to
provide for their own maintenance and support.
13. Having touched thus briefly on the prominent features of the system,
respecting which you requested my opinion, and trusting that my remarks may
convey to you the information you desired, and may not be deemed irrelevant.
I have, &c,
(Signed)       James Douglas,
Governor.
13 178 Papers relating to Indian Land Question. 1875
The Secretary of State for the Colonies to Governor Douglas, C. B.
(No. 49.) Downing Street,
11th April, 1859.
Sir,—I have to acknowledge the receipt of your despatch of the 9th of
February, No. 4, transmitting copies of communications which have passed between
you and the House of Assembly of Vancouver Island, between the 23rd August
and the 5th February last.
I am glad to perceive that you have directed the attention of the House to
that interesting and important subject, the relations of Her Majesty's Government
and of the Colony to the Indian race. Proofs are unhappily still too frequent of the
neglect which Indians experience when the white man obtains possession of their
country, and their claims to consideration are forgotten at the moment when equity
most demands that the hand of the protector should be extended to help them. In
the case of the Indians of Vancouver Island and British Columbia, Her Majesty's
Government earnestly wish that when the advancing requirements of colonization
press upon lands occupied by members of that race, measures of liberality and,
justice may be adopted for compensating them for the surrender of the territory
which they have been taught to regard as their own. Especially I would enjoin
upon you, and all in authority in both colonies, the importance of establishing
schools of an industrial as well as an educational character for the Indians, whereby
they may acquire the arts of civilized life which will enable them to support
themselves, and not degenerate into the mere recipients of eleemosynary relief. If
it is to be hoped that by such and other means which your experience will enable
you to devise, the Indians may in these, the most recent of the British settlements,
De treated in a manner worthy the beneficient rule of Our Gracious Sovereign.
I have, etc.,
(Signed) Carnarvon,
In the absence of Sir E. B. Lytton.
Copy of Despatch from the Right Hon. Sir E. B. Lytton, Bart., to Governor
Douglas, C. B.
(No. 67.) Downing Street,
May 20, 1859.
Sir,—I have to acknowledge the receipt of your Despatch, No. 114, of the
14th of March, on the subject of the policy to be observed towards the Indian
tribes, and containing your opinion as to the feasibility of locating the Indians in
native villages, with a view to their protection and civilization.
I am glad to find that your sentiments respecting the treatment of the native
races are so much in accordance with my own, and I trust that your endeavours to
conciliate and promote the welfare of the Indians will be followed by all persons
whom circumstances may bring into contact with them. But whilst making ample
provision under the arrangements proposed for the future sustenance and improvement of the native tribes, you will, I am persuaded, bear in mind the importance of
exercising due care in laying out and defining the several reserves, so as to avoid
checking at a future day the progress of the white colonists.
I have &c,
(Signed) Carnarvon.
(In the absence of the Secretary of State.) 39 Vic. Papers relating to Indian Land Question. 179
Governor Douglas to the Secretary of State for the Colonies.
(No. 24.) Victoria, 25th March, 1861.
My Lord Duke,—I have the honour of transmitting a petition from the House
of Assembly of Vancouver Island to your Grace, praying for the aid of Her Majesty's
Government in extinguishing the Indian title to the public lands in this Colony ;
and setting forth, with much force and truth, the evils that may arise from the neglect of that very necessarv precaution.
2. As the native Indian population of Vancouver Island have distinct ideas of
property in land, and mutually recognize their several exclusive possessory rights in
certain districts, they would not fail to regard the occupation of such portions of the
Colony by white settlers, unless with the full consent of the proprietary tribes, as
national wrongs ; and the sense of injury might produce a feeling of irritation against
the settlers, and perhaps disaffection to the Government that would endanger the
peace of the country.
3. Knowing their feelings on that subject, I made it a practice up to the year
1859, to purchase the native rights in the land, in every case, prior to the settlement
of any district; but since that time in consequence of the termination of the Hud*
son's'Bay Company's Charter, and the want of funds, it has not been in my power
to con+inue it. Your Grace must, indeed, be well aware that I have, since then,
had the utmost difficulty in raising money enough to defray the most indispensable
wants of Government.
4. All the settled districts of the Colony, with the exception of Cowichan, Chemainus, and Barclay Sound, have been already bought from the Indians, at a cost
in no case exceeding -£2 10s. sterling for each family. As the land has, since then,
increased in value, the expense would be relatively somewhat greater now, but I
think that their claims might be satisfied with a payment of ,£3 to each family ; so
that taking the native population of those districts at 1,000 families, the sum of
£3,000 would meet the whole charge.
5. It would be improper to conceal from your Grace the importance of carrying
that vital measure into effect without delay.
6. I will not occupy your Grace's time by any attempt to investigate the opinion
expressed by the House of Assembly, as to the liability of the Imperial Government for all expenses connected with the purchase of the claims of the aborigines to
the public land, which simply amounts to this, that the expense would, in the first
instance, he paid by the Imperial Government, and charged to the account of proceeds arising from the sales of public land. The Jland itself would, therefore, be
ultimately made to bear the charge.
7. It is the practical question as to the means of raising the money, that at this
moment more seriously engages my attention. The Colony being already severely
taxed for the support of its own Government, could not afford to pay that additional
sum ; but the difficulty may be surmounted by means of an advance from the Imperial Government to the extent of -£3,000, to be eventually repaid out of the
Colonial Land Fund.
8. I would, in fact, strongly recommend that course to your Grace's attention,
as specially calculated to extricate the Colony from existing difficulties, without putting the Mother Country to a serious expense ; and I shall carefully attend
to the repayment of the sum advanced, in full, as soon as the Land Fund recovers
in some measure from the depression caused by the delay Her Majesty's Government has experienced in effecting a final arrangement with the Hudson's Bay Company for the reconveyance of the Colony, as there is little doubt when our new system of finance comes fully into operation that the revenue will be fully adequate to
the expenditure of the Colony.
I have, &c,
(Signed) James Douglas. 180 Papers relating to Indian Land Question. 1875
The Secretary of State for the Colonies to Governor Douglas, C. B.
(No. 73.) Downing Street,
19th October, 1861.
Sir,—I have had under my consideration your despatch No. 24, of the 25th of
March last, transmitting an Address from the House of Assembly of Vancouver
Island, in which they pray for the assistance of Her Majesty's Government in extinguishing the Indian title to the public lands in the Colony, and set forth the evils
that may result from a neglect of this precaution.
I am fully sensible of the great importance of purchasing without loss of time
the native title to the soil of Vancouver Island; but the acquisition of the title is a
purely colonial interest, and the Legislature must not entertain any expectation that
the British taxpayer will be burthened to supply the funds or British credit pledged for the purpose. I would earnestly recommend therefore to the House of
Assembly, that they should enable you to procure the requisite means, but if they
should not think proper to do so, Her Majesty's Government cannot undertake to
supply the money requisite for an object which, whilst it is essential to the interests
of the people of Vancouver Island, is at the same time purely Colonial in its
character, and trifling in the charge that it would entail.
I have, etc.,
(Signed) Newcastle.
GENERAL CORRESPONDENCE.
Mr. Cox to the Chief Commissioner of Lands and Works,
Rock Creek, 12th February, 1861.
Sir,—I have the honour to inform you that I am this day in receipt of a
Circular from the Colonial Secretary, by which I perceive His Excellency the
Governor has been pleased to appoint me Assistant Commissioner of Lands for this
District.
I therefore beg to seek from you some information on the following, viz :—
Laws for controlling Indian Reservations :
Laws for the letting of Agricultural Land to Aliens.
The former I shall thank you much to make me acquainted with as early as convenient; some disputes (for the present amicably arranged) having lately arisen
between the natives and white men, concerning ground preoccupied by the former
near the northern extremity of Okanagan Lake, on its eastern bank, where some
miners and farmers now are.
The land in question has been for many years in possession of the Indians as
one of their camping localities or villages. I intend, on receipt of your instructions
in this matter, proceeding there and finally measuring out whatever ground you
consider the Indians entitled to. Mines have lately been discovered there, hence
the altercations.
I shall also feel obliged by you informing me of your wishes as to the survey of
this town and disposal of its building lots.
I have, &c,
(Signed)      William Geo. Cox. 89 Vie. Papers relating to Indian Land Question. 181
The Chief Commissioner of Lands and Works to Mr. Cox.
New Westminster, 6th March, 1861.
Sir,—I have the honour to acknowledge the receipt of your communication of
the 12th ultimo, requesting information as to the laws for controlling Indian Reservations, also those for the letting of agricultural lands to aliens.
With regard to the former, I have received instructions from His Excellency
the Governor to communicate with you on the subject and to request that " you will
mark out distinctly all the Indian Reserves in your District, and define their extent
as they may be severally pointed out by the Indians themselves." I would, at the
same time, beg of you to be particular in scrutinizing the claims of the Indians, as
I have every reason to believe that others (white persons) have, in some instances,
influenced the natives in asserting claims which they would not otherwise have
made, the object of such persons being prospective personal advantages previously
covertly arranged with the Indians. To instance this, I heard of men keeping
Indian women inducing them or their relations to put forward claims in order that
they (the white men) may so gain possession of the land.
As to the law for the letting of" country " lands to aliens, in a recent correspondence with the Colonial Secretary on the subject, I am referred by him to the
"Aliens Act, 1859," clause 8, which stipulates that "every alien shall have the
same capacity to take, hold, enjoy, recover, convey and transmit title to lands and
real estate of every description " as a natural born British subject; and under the
" Pre-emption Act, 1860," Aliens, who shall take the oath of allegiance, will be
entitled to enjoy the privileges it confers.
I trust that you will, ere this, have received the supply of forms which were
forwarded to you from this office on the 7th ultimo, and which, by a careful attention to them, will facilitate much the working of the Land system.
I have to thank you for the promptitude you have shown in complying with the
instructions, to which you allude as having received from the Colonial Secretary,
and hope that you will communicate frankly to me all that may occur in your District having reference to the Lands and Works Department.
Respecting the laying out of the town yon will oblige me much by forwarding
to me, at your early convenience, a sketch (no matter how rough) descriptive of the
spot on which you suggest the lots (town and suburban) should be picketed out.
The breadth of the principal street should be 66 feet and the back streets in proportion. The size of the town lots should be 132x66, and advantage should be taken
of level spaces for public squares, etc. Suburban lots nearest the town may vary in
extent from one to five acres.
I have, &c,
(Signed) R. C. Moody.
The Colonial Secretary to the Chief Commissioner of Lands and Works.
New Westminster,
5th March, 1861.
Sir,—I am directed by His Excellency the Governor to request that you will
take measures, so soon as may be practicable, for marking out distinctly the sites of
the proposed Towns and the Indian Reserves throughout the Colony.
2. The extent of the Indian Reserves to be defined as they may be severally
pointed out by the Natives themselves.
I have, &c,
(Signed) Charles Good,
For Colonial Secretary, 182 Papers relating to Indian Land Question. 1875
Extract from a Despatch from the Colonial Secretary to the Chief Commissioner
of Lands and Works.
Colonial Secretary's Office,
5th April, 1861.
******
6. His Excellency further directs me to convey to you his instructions that the
position and extent of all spots of land, now set apart as Government or Indian
Reserves, are to be forthwith published in three different places in each district
where there may be such Reserves, and also in the local newspapers, and should it
so happen that circumstances may afterwards render it expedient to relinquish
any such reserve, notice of the same is to be likewise published for 2 months at
least, before any sale or occupation of the reserved lands be permitted; and His
Excellency requests you will furnish him, at your earliest convenience, with a
rough general sketch of the country, exhibiting the different districts, and also as
near as may be the land already alienated by the Government.
******
I have, &c,
(Signed) William A. G. Young.
Instructions to Sapper Turnbull.
New Westminster, 1st May, 1861. "
Sapper Turnbull,—You will take an early opportunity of staking and marking
out in the District you are now stationed, all Indian villages, burial places, reserves,
etc., as they may be pointed out to you by the Indians themselves, subject, however, to the decision of the District Magistrate as to the extent of the land so claimed
by them. Make sketches of the locality and give dimensions of claim, sending them
to this office after acquainting the Magistrate of what you have done. Be very
careful to satisfy the Indians so long as their claims are reasonable, and do not mark
out any disputed lands between whites and Indians before the matter is settled by
the Magistrate, who is requested to give you every assistance. Report your progress from time to time.
I have, &c,
(Signed) R. M. Parsons, Capt., R. E.
[No reply to this letter can be found.]
The Private Secretary to the Chief Commissioner of Lands and Works.
New Westminster,
15th May, 1861. ,
Sir,—I am directed by His Excellency the Governor to acquaint you that Mr.
Atkins, of Coquitlam Farm, has represented to His Excellency that a misunderstanding has arisen between himself and the Indians of that district, in reference to
the boundaries of their respective claims, and to request you will take efficient
steps to decide the question at issue, by sending a surveying party to define the
boundaries of those claims, and to mark them out without delay.
I have, &c,
(Signed) Charles Good,
Acting Private Secretary.
[No reply to this letter can be found.] 89 Vic Papers relating to Indian Land Question, 183
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
2nd August, 1861.
Sir,—With reference to the 6th paragraph of the Colonial Secretary's letter
No. 36 of the 5th April last, and to which no reply has as yet been received, I am
directed by His Excellency the Governor to request you will inform him what
measures you have adopted for carrying out the instructions contained in that
letter in reference to publishing in every district lists of the Indian and Government Reserves, and also will mention the dates on which such notices were
published in each district. His Excellency desires me, further, to draw your
attention to the map of such reserves called for in the above mentioned letter,
which has not been sent.
I have, &c,
(Signed) Charles Good,
For Colonial Secretary.
[No reply to this letter can be found.]
Ihe Chief Commissioner of Lands and Works to Mr. Brew.
New Westminster,
13th May, 1862.
Sir,—I have the honour to acquaint you that a portion of land, with five chains
frontage on the'North Arm of the Fraser, has been laid out as an Indian Reserve,
at a distance of ten chains west from the Suburban Lots of New Westminster.
I have, &c,
(Signed)       J. Grant, Capt., R. E.,
For Chief Commissioner.
The Chief Commissioner of Lands and Works to the Colonial Secretary.
Lands and Works Department,
New Westminster, 27th May, 1862.
Sir,—An Indian named Snat Stroutan, of the Squamish tribe, resident here,
desires to purchase, just as a white man would, one of the suburban lots adjoining
New Westminster. It is among those that have been put up to auction, and was
not bid for, so that it is open to purchase at the upset price. The lot selected by
him is at some distance from the town, so that it cannot prove an annoyance, and the
man proposes actually to reside thereon.
The above is an interesting turning point in the history of the Indians of British Columbia, and I submit that I be authorized to receive the purchase money,
procure him a title deed, and in all respects deal in the matter precisely as I would
with a white man.    His Excellency's authority is requested early.
I have, &c,
(Signed) R. C. Moody. 184 Papers relating to Indian Land Question. 1875
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
18th June, 1862.
Sir,.—With reference to your letter of the 27th ultimo, on the subject of the
purchase of a Suburban Lot of Land by an Indian, on the same terms as it could
be purchased by a white man, I am directed by the Governor to inform you that
there can be no objection to your selling lands to the Natives on the same terms as
they are disposed of to any purchasers in the Colony whether British subjects or
aliens. I have, &c,
(Signed) William A. G. Young.
The Chief Commissioner of Lands and Works to the Colonial Secretary.
Lands and Works Department,
New Westminster, 2nd June, 1862.
Sir,—In compliance with the instructions contained in your letter of the 30th
May, 1862, No. 65,* I have to state that among the items for expenditure for
services in progress, is that of marking out and surveying the spots occupied by
Indians with their villages and isolated " provision grounds." So far as we can
ascertain the latter, they are often in hidden spots, and the Indians (possibly distrusting our statements) are loth to show them.
In carrying out this service I am employing from 2 to 3 Indians, sometimes 4,
with the 2 Royal Engineers. The Indians on this special service are peculiarly
useful in many obvious ways. The cost will not exceed thirty-five Pounds per
month, and I request special sanction for the same until further notice from you. I
may require such aid almost continuously until the end of the season.
I have &c,
(Signed) R. C. Moody.
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office.
9th June 1862.
Sir,—I have received and laid before the Governor your letter of the 2nd
instant, making application for sanction for an expenditure not exceeding £35
monthly, until the end of summer, for the purpose of marking out and surveying
the spots occupied by Indians with their villages and isolated provision grounds.
2. -With reference thereto, I am to state that His Excellency would be glad of
some further information on this subject, as he was uuder the impression that the
work of marking out {not surveying) the Indian Reserves had been long ago
carried out, where requisite, under the instructions conveyed to you by His
Excellency on the 5th April, 1861.
3. His Excellency is not aware what necessity may exist for the present survey
of these Indian Reserves, but unless the reasons are very weighty, His Excellency
would not, under the existing heavy pressure on the resources of the Colony, feel
justified in authorizing an outlay to the extent you mention, for it appears to His
Excellency that lor all present purposes, the marking of such Reserves by conspicuous posts driven into the ground would . be sufficient, and that the survey
thereof could be postponed until the Colony can better afford the expense.
I have, &c,
(Signed) William A. G. Young.
* This letter merely contains general instructions to the effect that no money is to he expended on any
■work without authority having been first obtained. 39 Vic. Papers relating to Indian Land Question. 185
The C hief Commissioner of Lands and Works to the Colonial Secretary.
Lands and Works Department,
New Westminster, 11th June, 1862.
Sir,—A question has arisen as to Indians pre-empting lands precisely as a
white man could. I understood His Excellency to say that there is nothing to
prevent their doing so, provided, of course, they fulfil all the terms required by the
Pre-emption Proclamation.
I sball feel obliged by receiving official instructions in respect to the above.
Such instructions appear to be very necessary in connection with the progress of
the survey of the country, the more so as I understand Indians are pre-empting in
" extended order " along the River and elsewhere to considerable extent, and that
such extent is likely to increase very considerably and very rapidly.
I have, etc.,
(Signed) R. C. Moody.
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
2nd July, 1862.
Sir,—I am directed by the Governor to acquaint you, in reply to your letter
of the 11th ultimo, No. 87, on the subject of the pre-emption of laud by the
Natives of British Columbia, that it is intended to legislate on this subject hereafter, and provisions will be made for permitting Indians to hold land under preemption on the following conditions:—
1st. That they reside continuously on their farms.
2nd. That they build thereon a house of squared logs with shingled roofs,
not less than 30 feet by 20 feet, and side walls 10 feet high.
3rd. That they clear, enclose, and cultivate 1st year 2 acres of wood-land, or
5 acres of prairie land. 2nd year and afterwards, till the end of the 5th year, 3
acres of wood-land, or 6 acres of prairie land.
4th. That no power shall be given to convey such land without the consent of
the Governor having been first obtained.
I have, &c,
(Signed) William A. G. Young.
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
26th June, 1862.
Sir,—I am directed by the Governor to forward the enclosed tracing, and
with reference thereto, to acquaint you that the bearers of this letter by name
"Kholasten" and "Scakhalan," Langley Indians, are desirous of abandoning their
present abode on the Island opposite Langley, and with their families and some
other Indians of settling on another piece of land on the right bank of the river,
adjoining the claim of William Cromerty.
2. His Excellency, therefore desires you will be good enough to declare to be
an Indian Reserve, a tract of land of 160 acres in area, immediately adjoining
William Cromerty's claim, as by the accompanying sketch, and when convenient
have the same marked out by corner posts on the ground.
I have, &c,
(Signed) William A. G. Young. 186 Papers relating to Indian Land Question. 1875
Ihe Chief Commissioner of Lands and Works to Mr. Spalding.
New Westminster,
28th June, 1862.
Sir,—-I have the honour to enclose a copy of a letter received by me this day
from the Colonial Secretary, respecting the appropriation for an Indian Reserve of
160 acres of land adjoining the reputed claim of one William Cromerty.
I beg to be informed whether any such claim has been recorded in your office,
and whether the Indian Reserve laid out as directed, will or will not conflict with
the claims of others.
I have, &c,
(Signed)       R. C. Moody.
[No reply to this letter can be found.]
Mr. Cox to the Chief Commissioner of Lands and Works.
Kamloops, 31st October, 1862.
Sir,—I have the honour to forward you herewith, records of four Indian
Reserves.   I have, &c,
(Signed)       William Geo. Cox.
Enclosure."
October 15th, 1862.—Indian Reserve situated on the Bonaparte River between
Cache Creek and McLean's Restaurant; is bounded on either side by the mountains,
and by Messrs. McLean's land claims on the northern and southern extremities.
The soil is fertile in some places along the river bottoms, which are densely
covered with brush and cotton-wood; the boundaries are substantially and prominently marked off by stakes.
October 15th, 1862.—Indian Reserve situated on the Bonaparte River north
of McLean's Restaurant, and adjoins Scotty's Farm on the north end and Mc
Donald's on the south, and bounded on either side by mountains.
The soil similar to that of the former Reserve.
October 24th, 1862.—Indian Reserve situated at Kamloops, and extends along
the North River, east side, for about six miles, and along the Thompson River to
the east for about twelve miles more or less, running back to the mountains in both
cases.
The soil in some places is of the best description, and the pasture excellent—
a quantity timbered with pine and willow.
October 26th, 1862.—Indian Reserve situated on the common road, midway
between Kamloops and the Lake Ferry, and a short distance west of River Cenis;
containing about 25 acres more or less.
The soil is very fertile and the pasture of the best nature.
Governor Douglas to the Chief Commissions of Lands and Works.
New Westminster,
27th April, 1863.
Sir,—An application has been made to me this morning, by the Native
inhabitants of Coquitlam River, for an additional grant of land contiguous to the
Indian Reserve immediately opposite Mr. Atkinson's premises.
That reserve it appears is so small, not exceeding 50 acres of land, as to be
altogether insufficient to raise vegetables enough for their own use. 39 Vie. Papers relating to Indian Land Question. 187
I beg that you will, therefore, immediately cause the existing reserve to be
extended in conformity with the wishes of the Natives, and to include therein an
area so large as to remove from their minds all causes of dissatisfaction.
Notwithstanding my particular instructions to you, that in laying out Indian
Reserves the wishes of the Natives themselves, with respect to boundaries, should
in all cases be complied with, I hear very general complaints of the smallness of
the areas set apart for their use.
I beg that you will take instant measures to inquire into such complaints, and
to enlarge all the Indian Reserves between New Westminster and the mouth of
Harrison River, before the contiguous lands are occupied by other persons.
I have, &c,
(Signed) James Douglas.
The Chief Commissioner of Lands and Works to His Excellency the Governor.
Lands and Works Department,
New Westminster, 28th April, 1863.
Sir,—I have the honour to acknowledge the receipt of a communication from
Your Excellency, dated 27th instant, respecting an application from the Indians on
the Coquitlam for an additional grant of land, and you desire the existing reserve
be immediately extended.
Before carrying out these instructions, it is proper I should submit the following statements in connection with the immediate point and the remarks in the concluding portion of Your Excellency's letter to me :—
The reserve in question was most carefully laid out, the Indians being present,
and after they had themselves marked according to their own wishes the bounds, the
area was further enlarged. I resisted the appeal of the neighbouring settler, and
acceded to the amplest request of the Indians.
The Indians in question have asked of me not for an extension of the present
boundary, but the privilege of pre-empting elsewhere—knowing that to extend the
boundary of what they now hold would be merely to grant them swampy ground
subject to inundation. As it is a question of pre-emption, they have been referred by
me to the Magistrate of the District, within whose sole cognizance are matters of
pre-emption of land.
The Roman Catholic priests have moved the Indians to pre-empt as freely as
any other persons. This I made known to Your Excellency, in order that such instructions as you desire to be prepared may be given to the Magistrates. It is a
growing question that will have to be met.
I have never yet received, nor heard from any source whatever, a complaint
from the Indians in reference to the extent of their boundaries. In fact, in every
case the wishes of the Indians are carefully consulted, and the bounds are widely
extended beyond the limits marked out by themselves.
Any statement, contrary to the above, made to Your Excellency from whatsoever quarter is absolutely without foundation. The interests of the Indian population are scrupulously, I may say jealously, regarded by myself and every officer
and man under my command.
I beg leave earnestly to move Your Excellency that some practical measures
be adopted in respect to the land as well as to other interests of the Indians, measures that shall effectually guard against any misunderstanding. I do not think this
can well be done by my department. It requires also a thorough knowledge of the
Indian languages.
Pending better arrangements, if even now for instance I had the able assistance
of so judicious a man as the Reverend Mr. Garrett to make himself acquainted with
all the villages, number of population in each, and extent of land wished for or
requisite, I would attach a man to him with proper stakes, &c, and then, having 188 Papers relating to Indian Land Question. 1875
before me a statement as regards all in the valley of the Fraser, below Yale at all
events, these lands would be safe from invasion, could be gazetted at once and surveyed at leisure.
Several full reserves have already been made, but I hear incidentally that there
are other Indian villages and potato grounds with the sites of which the Lands and
Works Department is not acquainted.
I have, &c,
(Signed) R. C. Moody.
The Chief Commissioner of Lands and Works to Governor Douglas.
(Confidential.) New Westminster,
28th April, 1863.
Sir,—I endeavoured to carry out through the medium of the Reverend M.
Fouquet, R. C, the idea laid down in an accompanying letter as to obtaining the
numbers of villages, population, extent of land, etc., and furnished him with stakes
all in accordance with that which seemed to be suitable at the time. M. Fouquet
conferred with your Excellency in my presence, but 1 very quickly had occasion
to desist from such a course from the extreme want of judgment shown by that
gentleman, in fact from the operations of the Roman Catholic Missionaries,
(philanthropic in spirit no doubt), we are likely to have embarrassments, and I
would recommend some special arrangements, distinct from those of the Lands and
Works Department, be early devised and carried out.
I shall be only too happy to give every aid in my power.
I have, etc.,
(Signed) R. C. Moody.
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
11th May, 1868.
Sir,—I am desired by the Governor to acknowledge his receipt, this day, of
your letter of the 28th ultimo, marked "Confidential,"   relative to the Indian
Reserves in British Columbia.
2. In reply thereto I am to acquaint you that His Excellency considers that
the instructions contained in his letters to you of 5th March and 5th April, 1861,
and 27th April, 1863, cover the whole question, and he requests that those
instructions may be carried out to the letter, and in all cases where the land
pointed out by the Indians appears to the officer employed on the service to be
inadequate for their support, a larger area is at once to be set apart.
3. His Excellency does not see [that it is at all necessary or expedient to
employ the Roman Catholic Missionaries to assist in laying out the Indian
Reserves, although they no doubt can, and will readily, furnish useful information
concerning the numbers composing each tribe.
I have, &c,
(Signed) William A. G. Young.
Ihe Chief Commissioner of Lands and Works to Mr. Brew.
New Westminster, 11th June, 1863.
Sir,—I shall feel obliged if you will be good enough to inform me when it
will be in your power to dispatch a legal functionary to Keatzie, to settle the claim
of the Indians as to the bounds of their land. Surveyors shall be sent with him to
mark it off by posts so soon as he shall adjust the dispute. You may remember the interview with the Governor, in which he decided
that the Indians, by the present condition of affairs, were defrauded of their just
demands; and it appeared that the bounds being moved some moderate distance
further east would meet their desires. It was then considered the best way would
be to send a sufficiently qualified person up to Keatzie who could understand the
Indian language and rightly interpret the case, and that this Department should
carry out on the spot the decision arrived at.
I have, &c,
(Signed)       R. C. Moody.
Mr. Brew to Chief Commissioner of Lands and Works.
New Westminster, B. C,
12th June. 1863.
Sir,—In reply to your letter of the 11th instant, I beg leave to say that I shall
dispatch Mr. T. Brew, High Constable, to Keatzie, on Tuesday next, the 16th
instant, to try and settle about the Indian Reserve.
I have, &c,
(Signed) C. Brew, J. P.
Mr. Nind to the Honorable the Colonial Secretary.
Lytton, 17th July, 1865.
Sir,—I have the honour to address you on the subject of the Indian land claims
above Kamloops and in its vicinity.
That branch of the Shuswap tribe, which live on the Upper Thompson and
Shuswap Lakes, numbering, I am informed, less than five hundred souls, claim the
undisputed possession of all the land on the north side, between the foot of the Great
Shuswap Lake and the North River, a distance of nearly fifty miles, where lie thousands of acres of good arable and pasture land, admirably adapted for settlement. I
have heard of one cattle-owner who paid their Chief, Nisquaimlth, a monthly rent
for the privilege of turning his cattle on these lands.
Another branch of the same tribe, not so numerous as the first, claim all the
available land on the North River, extending northward many miles above the
mouth, which also possesses attraction to the settler. These Indians do nothing
more with their land than cultivate a few small patches of potatoes here and there ;
they are a vagrant people who live by fishing, hunting and bartering skins ; and
the cultivation of their ground contributes no more to their livelihood than a few
days digging of wild roots ; but they are jealous of their possessory rights, and are
not likely to permit settlers to challenge them with impunity ; nor, such is their
spirit and unanimity, would many settlers think it worth while to encounter their
undisguised opposition. This, then, has the effect of putting a stop to settlement in
these parts. Already complaints have arisen from persons who have wished to take
up land in some of this Indian territory, but who have been deterred by Indian
claims. At present all the land pre-empted is on the south side of the Thompson
Valley for no other cause than this. James Todd, an old settler at Kamloops, is
anxious to take up land close to Nisquaimlth's camp ; but he is on friendly terms
with the chief, and says he can buy him over to his views with a horse or so. I
have refused at present to record him the land, particularly as he wants to purchase,
in addition to his pre-emption, four hundred and twenty acres, until I put the matter
of Indian claims before the Government. It seems to me undesirable that the principle of a settler purchasing or acquiring his right to land from the natives should
ever be admitted. I assume that this is the prerogative of the Government of the
Colony which should alone be able to confer an undefeasible title to its lands.   Cer- 190 Papers relating to Indian Land Question. 1875
tainly what one man might obtain by influence over a chief or intermarriage with, a
tribe, or other means more questionable, might be refused to another who yet carried
out all the requirements of the law. One would live in security; the other would
always be subject to molestation and danger. I believe the only method of settling
this matter satisfactorily and with equity to both Indians and whites will be for the
Government to extinguish the Indian claims, paying them what is proper for so doing,
and giving them certain reservations for their sole use. These Indians are now quiet
and not ill-disposed to the whites ; but they are capable of giving a good deal of
trouble if they imagine their rights are invaded.
I have, &c,
(Signed) Philip Henry Nind.
The Chief Commissioner of Lands and Works to the Colonial Secretary.
Lands and Works Department,
New Westminster, Sept. 20th, 1865.
Sir,—In reference to Mr. Nind's letter to yourself of the 17th July, which has
been referred to me for a report, I have the honor to state that the settlement of the
boundaries of Indian reserves is, in my opinion, a question of very material present
and prospective importance, and should engage immediately the attention of all
interested.
I quite concur in Mr. Nind's remarks on the Kamloops and Shuswap reserves,
taking for granted that the premises on which they are founded are correct, but as
this department is entirely without official information as to the location or extent
of these Indian reserves, I am unable to supply any exact data on this subject.
It appears most advisable that it should be at once constituted the definite province of some person or persons, duly authorized for that purpose, to make a thorough
enquiry into this subject throughout the Colony. To ascertain as exactly as practicable what lands are claimed by Indians, what lands have been authoritatively
reserved and assured to the various tribes, and to what extent such reserves can be
modified with the concurrence of the Indians interested in them—either with or
without money or other equivalent.
I am satisfied from my own observation that the claims of Indians over tracts
of land, on which they assume to exercise ownership, but of which they make no
real use, operate very materially to prevent settlement and cultivation, in many instances besides that to" which attention has been directed by Mr. Nind, and I should
advise that these claims should be as soon as practicable enquired into and defined.
I have, &c,
(Signed) Joseph W. Trutch.
Ihe Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
26th September,'1865.
Sir,—I am directed by the Officer Administering the Government to acknowledge the receipt of your letter of the 20th i nstant, on the subject of Indian Reserves.
His Honor is fully impressed with the importance of defining those reserves
throughout the Colony, but he is not prepared, at this late season of the year, to
commence a general system such as you recommend. His Honor, however, thinks
it very desirable that the Shuswap and Kamloops Reserves should be reduced,
without further delay, to reasonable, limits, as it would perhaps be a matter of
greater difficulty to settle the affair- should, the route by Kamloops become the
main thoroughfare to the Columbia River. I am therefore to request you to inform Mr. Moberly that the Governor is very desirous of reducing the reserves to 39 Vie. Papers relating to Indian Land Question. 191
which Mr. Nind makes allusion in his letter of the 17th July, last, and of which I
forward a copy for your information and guidance; and that you will authorize Mr.
Moberly to make enquiries on his way down, and to reduce these reserves if he is
of opinion that it can be effected without much'dissatisfaction to the Indians.
If, however, he should be of opinion that difficulty will arise from such a
course, his duty will be to collect on the spot all the information he can on the
subject, and furnish you with a full report thereon, in order that the Government
may have some data to go by in coming to a decision on the matter.
His Honor further suggests that Mr. Nind be at once requested to furnish Mr.
Moberly with a copy of a report from Mr. Cox on this subject; which report His
Honor remarks you may remember Mr. Cox stated, in your presence, he had sent
to Mr. Nind.   I have, &c,
(Signed)       Charles Good,
For the Colonial Secretary.
Instructions w Mr. Moberly.
New Westminster,
October 10th, 1865.
Sir,—The Indian Reserves at Kamloops and Shuswap laid out by Mr. Cox,
being considered entirely disproportionate to the numbers and requirements of the
Indians residing in those Districts, His Honor has instructed me to direct you to
make an investigation of the subject on your way back from the Columbia, and to
report, on your return to this place, whether in your opinion arrangements can be made
to reduce the limits of these reserves, so as to allow part of the lands now uselessly
shut up in these Reserves to be thrown open to pre-emption.
I enclose copies of an extract from the Colonial Secretary's letter to me on this
subject and of Mr. Nind's letter to the Colonial Secretary, and have requested Mr.
Nind to furnish you with a copy of Mr. Cox's report on the location of the reserve,
and you will be pleased to take such steps towards the fulfilment of His Honor's
instructions in this regard as may appear most advisable to you.
I have, etc.,
'Signed) Joseph W. Trutch.
Mr. Nind to Mr. Moberly.
Lytton, 5th October, 1865.
Sir,—I have been desired by the Acting Colonial Secretary to forward to you
copy of a letter I received from Mr. Cox respecting Indian reserves; also a sketch
forwarded to me at the same time, in illustration by that gentleman.
I have, etc.,
(Signed) Philip Henry Nind.
Enclosure.
Extract from letter from Mr. Cox to Mr. Nind, respecting Indian Reserves
about Kamloops, dated 16th July, 1865.
Shuswap Reserve.—Just before leaving Kamloops, I received instructions
from Governor Douglas to mark out all the Indian Reserves in the neighbourhood.
The Kamloops Keserve extends about 4J miles up North River, and about 10 miles
up Thompson River. The Shuswap tribes called upon me to do the same for them,
as some Frenchmen were encroaching upon their grounds. I could not mark off'
their boundaries at that time on the ground, but chalked out the position and
extent of the Shuswap Reserve at Kamloops, for the chief, and gave him papers to
post up. There could be no mistake. 1 shall send you, herewith, a sketch of same,
as well as I can recollect it. The probability is that my papers have been removed,
and the grounds allowed by me greatly added to.
(Signed) W. G. Cox. 192 Papers relating to Indian Land Question. 1875
Copy of paper given by Mr, Cox to Gregoire, and Son, Nisquaimlth.
All persons are hereby cautioned not to cut timber, interfere or meddle in any
way with the rights of the Indians, on this Reserve.
Gregoire and Son are the chiefs of the Reserve.
(Signed) W. G. Cox, P. M.
Shuswap, 31st October, 1862.
Copy of Notice in possession of Petite Louis, Chief of Kamloops Indians.
Kamloops Indian Reserve.—Bounded by the North and Thompson Rivers, as
per stakes and notices defining the boundaries.
All persons are hereby cautioned not to encroach upon or interfere in any way
with the rights of the Indians. Any person or persons found or detected cutting
timber on the Reserve will be severely punished.
Chelouis or Louis is chief of this Reserve, and will be found an obliging,
honest, young man.
(Signed) W. G. Cox, J. P.
Kamloops, 31st October, 1862.
Ihe Chief Commissioner of Lands and Works to the Colonial Secretary.
Lands and Works Department,
New Westminster, January 17th, 1866.
Sir,—I have the honour to enclose for the information of the Officer Administering the Government, a copy of a report from Mr. Moberly on the subject of
the Kamloops and Shuswap Indian Reserves, an investigation of which was undertaken by him in accordance with my letter of instructions of 10th October. I also
enclose a sketch showing the position and extent of these reserves, together with
copies of all the papers relating to them that can be found in this Department. On
the general subject of these reserves I have already offered an opinion in my letter
to yourself of 20th September.
It appears to me that, as stated by Mr. Moberly, these reserves are entirely
disproportionate to the numbers or requirements of the Indian Tribes to which they
are represented to have been appropriated by Mr. Cox.
Two points remain to be determined, 1st.—Whether or not Mr. Cox's agency
in the matter is binding on the Government? And secondly—are the boundaries of
the reserves now claimed by the Indians those which Mr. Cox really gave them
assurance of?
On the first point I cannot form an opinion, as I am without any information as
to the instructions given to Mr. Cox on the subject, but on the second I think there
is reason to believe, from what Mr. Cox stated to Mr. Birch in my presence in
August last, at Richfield, and from the rough sketch furnished in his own handwriting, a copy of which is enclosed, that the extent of one at least of these reserves,
that of the Shuswap Tribe, has been largely added to by the changing of the
position of the boundary stakes by the Indian claimants.
It is most important that these questions be enquired into as soon as possible,
and if it be decided that Mr. Cox's Reserves are to be observed, and that the tracts
claimed by the Indians are only those which were actually made over to them by
him, there will remain only to be determined whether it is advisable to purchase
back from them such portions of these lands as are valuable for settlement.
Much of the land in question is of good quality, and it is very desirable, from
a public point of view, that it should be placed in possession of white settlers as 39 Vie. Papers relating to Indian Land Question. 198
soon as practicable, so that a supply of fresh provisions may be furnished for consumption in the Columbia River Mines, and for the accomodation of those travelling
to and from the District.
I have, &c,
(Signed)        J. W. Trutch.
Enclosure.
Mr, Moberly to the Chief Commissioner of Lands and Works.
New Westminster,
December 22nd, 1865.
Sir,—In reply to your letter dated October 10th, 1865, I have to inform you
that on my return from the Columbia River on the 2nd November, I took immediate steps to find out the position and extent of the Indian Reserves on the
North and Shuswap Rivers, and other particulars connected with the granting of
these lands by Mr. Cox, and also if an arrangement could be effected with the
Indians for the reduction of these reserves to reasonable limits.
I found that Nisquaimlth, and his father Gregoire, the two Shuswap Chiefs,
claim the land on the north bank of the Shuswap River, from a point about sixteen
miles above Kamloops, to a point about four and a half miles in a direct line above
the foot of the Great Shuswap Lake, and also to the northerly end of Adams Lake;
that Che-louis, or Petite Louis, the Kamloops Chief, claims the land from a point
about one mile below the westerly boundary of Nisquaimlth's claim to Kamloops,
and thence up the North River a distance of about eight miles; and that the intermediate strip of land between the above claims was vacant. The two above
reserves embrace an area of about six hundred square miles.
I learnt from the Indians that they claim these lands by virtue of certain
papers given them by Mr. W. G. Cox, who they say told them at the time he
made the above reservations, that he was acting under instructions received by
him from Governor Sir James Douglas, and that such portions of these reserves
not cultivated by them would be useful for grazing their cattle upon.
I also ascertained from the Indians that Mr. Cox had seen the position of the
different stakes and marks defining these reserves, with the exception of the stakes
on the Great Shuswap and Adams Lakes. These two stakes were placed by
Nisquaimlth himself, as he says, in accordance with Mr. Cox's instructions to him.
When in possession of the above information, and such as I gathered from the
different letters and papers I enclose, as T found that Mr. Cox's sketches and descriptions did not agree with the position of the marks set up, I was quite at a loss
what conclusion to arrive at with regard to them.
As it appeared to me quite out of the question that Governor Sir James
Douglas could have given Mr. Cox instructions to make such extensive reservations
for a tribe that I should say does not number more than four hundred souls, and
have not one hundred acres of land under cultivation, I had various interviews
with the Indians, the result being that those settled at Little Shuswap and Adams
Lakes wished me to lay off the reserves in the manner I proposed, but the two
Chiefs, Nisquaimlth and Petite Louis, both objected to have the lands they claim
below the Little Shuswap Lake reduced in extent, giving as one reason that they
received considerable sums of money from white men for the use of their grass
lands.
I made several efforts to induce these two Chiefs to consent tc a reduction of
their claims, but without success. They appear to be under the impression that
the reservations are more their own and not the general property of the tribe. I
explained to the Indians that whatever reservations were made by the Government
were for the general benefit of the whole tribe and not of the individual Chiefs:
14 194 Papers relating to Indian Land Question. 1875
this appeared to be a popular principle with the majority of the Indians, but was
not so with Nisquaimlth, who is not generally liked but is feared by them. I also
told them it was my impression the reserves claimed by them, and as they said
defined by Mr. Cox, were not laid out in accordance with the intention of Governor
Douglas' instructions to him, and if so, that Mr. Cox's grants to them are worthless,
as the Governor of the Colony is the only person who can give them a title to any
land, and that Mr. Cox had given them what it was not in his power to grant.
Many of the Indians appeared to be of the same opinion, but the immediate
followers of the Chiefs always fell back upon their rights to the land as acquired
from Mr. Cox, and also from their long residence thereon.
I think by showing the Indians in the first place that their titles from Mr.
Cox are of no value, and by a judicious expenditure of a small sum of money, that
arrangements can be effected to get the greater portion of these reserves quietly
given up. It would be very desirable indeed to get all the lands from the foot of
Little Shuswap Lake to Kamloops entirely out of their hands.
As I did not feel myself justified in expending any money then, as the forcible
reduction of these reserves by me would have created a bad feeling now, and
probably have led to future acts of violence on their part—which ought to be
avoided by every possible means, as the Shuswap River is likely to be the principal
thoroughfare through the Colony next summer; and as the information in my
possession was very meagre, particularly with regard to Governor Douglas' instructions to Mr. Cox, under which he states he acted, I thought it better to postpone any further action in the matter until I could report to you.
Since my arrival here I have endeavoured to find out what records there are
in the different Departments relative to these reserves, but have not been able so
far to get any information whatever on the subject.
I have, &c,
(Signed)       W. Moberly.
The Chief Commisssoner of Lands and Works to the Colonial Secretary.
Land and Works Department,
New Westminster, 5th February, 1866.
Sir,—I have the honour to enclose, for the information of the Officer Administering the Government, a copy of a letter from Mr. Haynes informing me that
he had, in compliance with His Excellency's instructions, laid out Indian Reserves
at the head and foot of Okanagan Lake, and that sketches of the same would be
handed to me by Mr.- Turnbull who had assisted in staking them out.
I also enclose copies of a report to me from Mr. Turnbull on the same subject,
and of the sketches referred to by Mr. Haynes, which accompanied Mr. TurnbulPs
report. In reference to Mr. Haynes' suggestion that it should be notified in the
Government Gazette that the lands around Okanagan Lake heretofore held as
Indian Reserves should be declared open to pre-emption, with exception of the
tracts staked out by Mr. Turnbull under his (Mr. Haynes') direction, I beg to
observe that if the arrangement made by Mr. Haynes is to be considered as a final
settlement of the Okanagan Indian Reserve, I am quite of opinion that the suggestion of Mr. Haynes should be adopted, but that, as the question of Indian
Reserves in the neighbouring Kamloops and Shuswap Districts is, as I believe,
still under discussion, it may be well to defer the publication of any notice on the
subject of the Okanagan Indian Reserves until some general decision has been
come to in regard to similar reserves throughout that and the neighbouring districts.
I have, &c,
(Signed)       Joseph W. Trutch. Enclosures.
Mr. Haynes to the Chief Commissioner of Lands and Works.
Camp, Head of Okanagan Lake,
28th November, 1865.
Sir,—I have the honour to inform you that in compliance with instructions
from His Excellency the Governor, contained in a letter of the 9th of last July, I
have laid out Indian Reserves at the head and foot of this Lake, sketches of which
will be handed to you by the bearer, Mr. Turnbull, who has assisted me in this
work.
I think it would be well to notify in the Government Gazette that the lands in
this vicinity, hitherto looked upon as Indian Reserves, are now open for settlement,
except the portion marked on the maps which you will receive.
I have, &c,
(Signed)       J. C. Haynes.
Mr. lurnbull's Report.
New Westminster, 17th January, 1866.
Sir,—In compliance with the wishes of Mr. Haynes (Magistrate of the Osoyoos
District), I have laid out three Indian Reserves situated on the north and southern
extremity of the Okanagan Lake, and I herewith beg to lay before you the enclosed
plan, which will show their positions, etc., etc., together with the few following remarks respecting them.
On account of not being provided with chain or suitable instruments I was unable to make surveys sufficiently accurate to answer official purposes. I have, in
consequence, merely roughly surveyed as pointed out to me by Mr. Haynes.
Whilst surveying, Mr. Haynes and his Indian, (who is a Chief of the District)
accompanied me, the Indian blazing and picketting as I instructed him ; therefore
at any furture time either Mr. Haynes or the Indian can point out the boundaries.
The boundaries, however, are well defined, being all natural boundaries, as shown
on sketch. The first reserve which is situated on the south end of the Okanagan
Lake (and known by the Indians as Penticton), is eminently adapted for either
stock-raising or agricultural purposes, the altitude above the sea being only 700 feet,
abundance of the best feed, good soil and climate, and surrounded by one of the best
cattle ranges in the country.
The reserve is bounded on the south by the Lake du Chien; on the east by
the Okanagan River ; on the west by the base of the low rolling hills, and terminates about 2\ miles north at the first point, where the hillside and river meets.
The portion unreserved to the east of the river is the most valuable land, being
well irrigated by the various streams (which I have shown on sketch). It is more
heavily timbered than the portion to the west; and for that reason (in my opinion)
was not selected by the Indians. All the creeks are fringed with a dense growth of
tangled bush, such as birch, cottonwood, hazel, thorns, etc.
The next reserve is situated on the west bank of the lake, commencing about
2f miles from the head, and running south about 3J miles. It is bounded on the
south by the creek (shown on sketch), to the east by the lake, to the west by the
hillside, and on the north by the creek running into the lake, about three miles from
the head.
This reserve is a level, bunch grass flat with widely scattered trees, the margins of
the creeks (as is always the case) covered with a thick growth of birch, hazel, pine,
etc. The whole of the flat may be considered eligible for agricultural purposes, as
it can be all irrigated with very little trouble ; the feed throughout is of first-class 196 Papers relating to Indian Land Question. 1875
quality ; the hillsides to the westward also abound in good feed, and are low and
rolling and well suited for cattle range.
The last reserve, which is situated immediately at the head of the lake, is a
splendid tract of low bottom land, with dark loamy soil, excellent feed, and surrounded on all sides by low, rolling bunch grass hills and benches. Its boundaries are as
follows : To the south by the lake, to the west by the creek, up to the point where
the trail crosses it, then by a line running north 60° east by compass for one mile,
terminating immediately above the small lake (shown on sketch), next by a line
bearing S. 30° East, for 30 chains to the foot of low rolling hill; from latter point by
line bearing S. 47° East for about 33 chains, until striking the creek about one
mile from the lake ; the latter creek there forms its eastern boundary.
Mr. Cox, several years ago, reserved nearly all the agricultural lands situated
about the head of the lake, as well as that on the south end, (now reserved under
the head of Penticton). The results of this reservation were many men have been
prevented from settling on what may be considered the only real agricultural and
grazing land in the country. Last winter, a Frenchman brought some one or two
hundred head of cattle to Penticton, for the purpose of wintering there. The
Indians, who claimed the land, (under the authority of Mr. Cox), ordered him oft,
or else pay a certain amount per head. The result was the Frenchman left with
the whole of his cattle, and wintered at the Mission, where, owing to the scarcity of
feed, the hard season, etc., he lost nearly the whole of his stock. Had he been allowed to stop at Penticton, his stock might have survived the winter, as the place
is low, well sheltered, and in fact may be considered the best cattle " winter " range
in the country.
Mr. Haynes' reservation at Penticton is a great improvement to the last. He
has left sufficient unreserved for wintering purposes. At the head of the lake, the
next favourite resting place, he has reserved in such a manner so that settlers wintering there run the risk of having to pay the Indians a certain amount per head for
the cattle they graze. As this particular portion of the country is in such close
proximity to the mines now being discovered in the Big Bend country, and considering it may be termed one of the few safe wintering ranges, I imagine it would
have been better had this reserve been done away with, or if reserved at all, reserved
under the head of Government Reserve, in which case both white man and Indian
would have an equal right.
My reason for expressing these opinions is knowing the difficulties there are in
this portion of the country in safely wintering animals.
The reserve at Penticton comprises 842 acres. The one on the west of lake
about 1,500 acres, in my opinion more than double the amount liecessary to- serve
the purposes of the Indians settled on the Okanagan.
I have &c,
(Signed) J. Turnbull.
The Colonial Secretary to ihe Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
29th May, 1866.
gTRj—As the settlement of the boundaries of the Indian Reserves about Kamloops and Shuswap will be one of the duties devolving upon you, on your visit to
the Kamloops District, the Officer Administering the Government considers it
advisable that you should assemble the Chiefs at Kamloops, or other convenient
spot, and endeavour to settle amicably and satisfactorily, not only to the chiefs, but
to the whole of the families of the  tribes, the limits of their reserves.
Should'you find any difficulty in curtailing the limits already alleged by the
chiefs to have been marked out for them by Mr. Cox, His Honor directs me to 39 Vic. Papers relating to Indian Land Question. 197
inform you that you are authorized to offer a remuneration, either pecuniary or in
the shape of presents, to such Indians as feel reluctant or refuse to relinquish any
of the land which they imagine they are entitled to as a reserve.
In this arrangement much will be left to your discretion; but His Honor would
not wish any expenditure incurred beyond $500, without a previous reference being
made to him.
In the settlement of this question, great care must be taken that all the Indian
families, who claim any portion of the Indian Reserve, are cognizant of the decreased
limits as soon as the negotiations are completed.
I have, &c,
(Signed)      H. M. Ball.
Mr. Pemberton to the Chief Commissioner of Lands and Works.
Kamloops,
•     July 26th 1866.
Dear Sir,—Would you be good enough to tell me in what time the Government intend fixing upon the Indian Reserves in this District, and also when we
may expect to see some one up to settle with the Indians and make them understand which land they are to have, and which they are to give up, as under the
present circumstances they will not allow anyone to do anything on the land they
claim, which is most inconvenient to intending settlers. They prevented us from
even cutting down trees, and say they don't want anything to be done until they see
you. The chief says he will be quite contented to abide by what you say. The
same inconvenience is felt down at Savona's Ferry. The Indians have there
driven off the cattle. They are also burning off the grass in every direction, which
will make feed very scarce for the hundreds of cattle which winter upon the
Thompson; and I am afraid if it be not settled soon it will cause trouble among
the Indians, as the other day they prevented some six miners from going up
Adams River to prospect; and I really think that you could settle the thing very
quickly yourself, as the Indians wish, they say, to see the Tyhee himself, and then
they will be content.   Hoping to hear from you as soon as convenient,
I have, &c,
(Signed)      A, G. Pemberton.
Mr. Howse to Mr. Pemberton.
Lands and Works Department,
New Westminster, 4th August, 1866.
Sir.—I am directed by the Colonial Secretary to inform you that the Chief
Commissioner of Lands and Works will shortly visit Kamloops with reference to
the subject of your letter dated 26th ultimo.
I have, etc.,
(Signed) A. R. Howse.
Mr. Edgar Dewdney to the Chief Commissioner of Lands and Works.
New Westminster, B. C,
8th Nov., 1866.
Sir,—I have the honor to forward you the sketches of the several Indian
Reserves surveyed by me in the Kamloops, Shuswap, and Adams Lake Districts.
The chiefs of the different tribes as well as several of their Indians accom- 198 Papers relating to Indian Land Question. 1875
panied me during the progress of the surveys, and made themselves thoroughly
acquainted with the boundaries and stakes.
The Reserves are laid out as nearly as possible in accordance with the instructions received on the ground from His Honor the Officer Administering the Government and yourself.
On arriving at Adams Lake, I found that the Indians had several small
patches of land cultivated along the shores of the Lake, four of which they wished
reserved.
I however gave them the piece of open bunch grass land situated on the South-
East end of the Lake, about one and a quarter miles square, that being the only
feed they have for their horses and cattle.      This I surveyed.
I also gave them fifteen square chains on the West side of the Lake, about 12
miles from the outlet of Adams River.
This I did not survey, but gave them a board 24 inches by 12 inches, marked
with marking iron and colored red, " Adams Lake Indian Reserve 15 square
chains," with instructions to place this in the centre of the ground they described
to me.
I was unable to visit this spot on account of the high wind that prevailed
whilst I was there.
The Shuswap and Adams Lake chiefs have each a plan of their respective
reserves, but having no paper I was unable to give -.- Petit Louis " the Kamloops
Chief, his; it is now ready for him.
The whole of the Indians appeared perfectly satisfied with their reserves as
laid out by me, and I think that no trouble may be apprehended from any of them
in future about their land.
I beg to enclose the descriptions of the different reserves. My field notes I
will leave at the Lands and Works Office.
I have, etc.,
(Signed) Edgar Dewdney.
Description of Kamloops Indian Reserve.
Commencing at the N. W. stake marked K. I. R., about three miles up the
North branch of Thompson River, the West boundary follows the meanderings of
the River to its junction with the South branch, at which point a large cottonwood
tree is blazed and marked K. I. R., for S. W. corner; for Southern boundary, continue the meanderings up the South branch of Thompson River for a distance of
three miles to a group of cottonwood trees, one of which is marked K. I. R. for
S. E. corner; from this point the East boundary runs N. 9° E., to a deep gully in
the mountain which extends to creek and crosses it at a distance of 2 miles and 10
chains from S. E. corner, at this point several trees are blazed, continue up a deep
gully about one mile to a tree blazed and marked K. I. R. for N. E. corner; the
North boundary follows along several bunch grass flats 1o a large bluff' of rock
from which the line runs S., 76° W. to N. W. corner.
Description of Shuswap Indian Reserve No, 1.
Commencing at the S. E. corner stake marked S. I. R. No. 1. situated at the
junction of the North branch of Nesquailmth's Creek with Thompson River, follow
the meanderings of the stream to four large cottonwood trees, one of which is
broken oft half way up, blazed and marked S. I. R. No. 1; cross to South branch
of Nesquailmth's Creek N., 81° W., (taking in the Indian potatoe patches), to two
large cottonwood trees, one of which is marked S. I. R. No. 1; follow the meanderings of the creek to its outlet from a large Lake, at which point two lar^e fir
trees are blazed, and one marked" S. I. R. No. 1, for S. W. corner; continue 39 Vie. Papers relating to Indian Land Question. 199
along the meanderings of the East shore of lake to a small creek which feeds it at
its Northern end; follow along creek to a tree blazed on its bank for N. W. corner.
From this point the Northern boundary runs S., 30° E. to bank of Thompson
River 219 chains, where a stake is placed and marked S. I. R. No. 1., for N. E.
corner; on the edge of the river, immediately below this stake a large boulder 15
feet square stands immoveable; from this point follow the meanderings of the river
to S. E. corner stake at the mouth of Nesquaimlth's Creek.
Description of Shuswap Indian Reserve No. 2.
Commencing at the South-West corner post situated at the base of mountain
and marked S. I. R. No. 2, run S. 40° 30' E., 30 chains to fir tree on edge of little
lake blazed and marked S. I, R. No. 2; for South-East corner follow the meanderings of the lake to a large fir tree 5 chains East of Indian burial ground, blazed and
marked S. I. R. No. 2; from this point run N. 12° 30' W. 106 chains, 70 links, to
large pine tree, blazed and marked S. I. R. No. 2; and from here run N. 57° 30'
W. 12 chains to round mound. The Western boundary extends along base of
mountain from South-West corner stake to stake at base of mound.
Description of Adams Lake Indian Reserve.
Commencing at the North-West corner stake marked A. L. I. R., situated on
the East shore of Adams Lake, 97 chains from the outlet of Adams River, follow
the meanderings of Lake and Adams River to mouth of small creek, at which
point a large cottonwood tree is blazed and marked A. L. I. R., follow the meanderings of creek one mile an d a quarter to where it forks. The East boundary runs
along the west fork of stream to its rise and across the face of mountain until it
cuts the North boundary line, which runs from North-West corner N. 65° 30' W.,
nnd is blazed for some distance up the mountain. The back line was not run
owing to its roughness and inaccessibility. Besides the above the Adams Lake
tribe have 15 chains square of land situated on the West shore of Lake about 12
miles from the outlet of Adams River.
The Chief Commissioner of Lands and Works to Mr.  O'Reilly.
Lands and Works Department,
New Westminster, 16th November, 1866.
Sir,—I have the honour to forward herewith, for your information, a tracing
of the map of the Indian Reserves laid out in September last, by authority of the
Officer Administering the Government, at Kamloops, and South branch of Thompson River, Little Shuswap Lake, and Adams Lake.
I have, etc.,
(Signed)       Joseph W. Trutch.
Mr. Mclvor to the Chief Commissioner of Lands and Works.
New Westminster, 8th April, 1867.
Sir,—Having pre-empted one hundred and sixty acres of land in the fall of
sixty, on the south bank of Fraser River, nearly opposite the Indian Village of
Katzie, and adjoining a small Indian Reserve, I beg to explain that no Indians 200 Papers relating to Indian Land Question. 1875
have lived on or cultivated this reserve within the last six years, and not likely
they ever will. Having some cattle on my land, I am anxious to make the creek
that runs through the said reserve my upper boundary line, as seen by the annexed
sketch, which would answer as a fence and give me high ground for my cattle to
run on during high water; without this I am afraid that I will have to abandon
the place altogether and lose my six years' toil in that which I was to make my
future home. If it is the intention of the Government to keep an Indian Reserve
on this side as well as the opposite side of the Fraser, I humbly beg to suggest
that said reserve be extended upwards, as the land is equally as good and fully as
clear as that on the lower side of the creek, and again, by extending it upwards,
there would be no settlers to interfere with.
I have, &c,
(Signed)       John McIvor,
'Mr. Melvor's application to be allowed to purchase a portion of the Indian
Reserve opposite Katzie   Village.
As Mr. Howse was going to Katzie to survey some Pre-emption Claims in the
neighbourhood of the Indian Reserve referred to, I instructed him to enquire into
the circumstances of this case, and have awaited his report before forwarding Mr.
Melvor's letter for His Excellency's consideration.
Mr. Howse's report is now enclosed herewith, and I fully agree in the opinions
expressed by him and by Mr. Brew, that this reserve should not be interfered with,
as its extent is not excessive in proportion to the numbers of the tribe; and there
is no doubt that portions of the land Mr. McIvor wishes to acquire are cultivated
by the Indians as potato gardens.
(Signed) Joseph W. Trutch.
26th May, 1867.
[Application refused.]
Enclosure.
Mr. Howse's Report.
Lands and Works Department,
New Westminster, 29th May, 1867.   •
Sir,—I have the honour to inform you that I have seen "Michel, the chief of the
Katzie Indians, respecting the reserve opposite Katzie Village, laid out by Colonel
Moody, R. E., in 1863, for the use of these Indians.
Michel informs me that the Indians have used the land for many years'as
potato gardens, and that occasionally they have lived there. He wishes to retain
the whole of the land allotted to them.
The tribe numbers about one hundred adult Indians, exclusive of females, and
the whole of the reserves do not exceed two hundred and sixty acres, which undoubtedly is not too much for their use.
I am informed that the stakes on the west side of the reserve have been taken
away without the sanction of Michel.
I have, &c,
(Signed) A. R. Howse. 39 Vic. Papers relating to Indian Land Question. 201
The Chief Commissioner of Lands and Works to the Acting Colonial Secretary.
Lands and Works Department,
New Westminster, 28th August, 1867.
Sir,—I have the honour to forward herewith enclosed for the consideration of
His Excellency the Governor, a report on the subject of the Lower Fraser Indian
Reserves which I had drawn up in obedience to His Excellency's minute of the 20th
ultimo, before leaving for Cariboo.
I have, &c,
(Signed) Joseph W. Trutch.
Enclosure.
Lower Fraser River Indian Reserves.
It is certainly very desirable that the extent of the Indian Reserves along the
lower Fraser River should be definitely determined, and the boundary lines thereof
surveyed and exactly marked out on the ground as soon as possible, so that the uncertainty now existing as to what lands are to be permanently held by the Indians
may be terminated, and the risk of disputes and collisions between the white settlers
and the Indians as to their respective land rights be as far as practicable removed.
The subject of reserving lands for the use of the Indian tribes does not appear
to have been dealt with on any established system during Sir James Douglas' administration.
The rights of Indians to hold lands were totally undefined, and the whole matter
seems to have been kept in abeyance, although the Land Proclamations specially
withheld from pre-emption all Indian reserves or settlements.
No reserves of lands specially for Indian purposes were made by official notice
in the Gazette, and those Indian Reserves which were informally made seem to
have been so reserved in furtherance of verbal instructions only from the Governor,
as there are no written directions on this subject in the correspondence on record in
this office.
In many cases, indeed, lands intended by the Governor to be appropriated to the
Indians were set apart for that purpose and made over to them on the ground by
himself personally ; but these were for the most part of small extent, chiefly potato
gardens adjoining the various villages.
Previous to 1864 very few Indian Reserves had been staked off, or in any way
exactly defined.
The only Indian Reserves on the lower Fraser actually surveyed off before
Colonel Moody left the Colony, as far as I can ascertain, were the following :—
1. Three lots at the mouth of the North Arm of the Fraser:
2. An Island at the mouth of the Coquitlam River:
3. Two lots on the banks of the Coquitlam River :
4. One lot opposite New Westminster :
5. Two lots at Keatsie, one on each side of the River.
In April, 1864, an Indian Reserve of 353 acres in extent was laid off by Mr.
McClure, by instructions from Mr. Brew, on the right bank of the Fraser River,
opposite Fort Langley.
By letter dated the 6th April, 1864, Mr. Brew directed Mr. McColl to mark
out Indian Reserves around the different Indian villages on the Fraser, between New
Westminster and Harrison River, wherever reserves had not yet been declared and.
defined. Also to mark out as Indian Reserves any ground which had been cleared
and tilled for years by Indians; all lands claimed by Indians as theirs were to be
marked out with corner and intermediate posts, and at all Indian villages where the
quantity of land claimed by the Indians was not equal to ten acres for each family, 202 Papers relating to Indian Land Question. 1875
the reserve was to be enlarged to that extent, each grown man to be considered as
the head of a family.
Additional verbal instructions were given by Sir James Douglas personally to
Mr. McColl, to the effect, as understood by Mr. McColl and subsequently stated in
his report to Mr. Brew, dated 16th May, 1864, that all lands claimed by Indians
were to be included in their reserves, that the Indians were to have as much land as
they wished, and that he was in no case to lay off a reserve under one hundred
acres.
Acting on this latter indefinite authority, rather than on the written instructions
from Mr. Brew, McColl marked out reserves of most unreasonable extent, amounting, as estimated by himself, to 50, 60, 69, 109, and even to as much in one case as
200 acres for each grown man in the tribe.
The sketch map sent in by McColl with his report is compiled from his own
roughly estimated distances alone; no actual survey was made by him. He seems
to have merely walked over the ground claimed by the Indians, setting up stakes,
at the corners pointed out by them, including the lands they chose to ask for, and
then to have estimated the acreage contained therein.
These figures, therefore, cannot be relied on, but it is certain that the extent of
some of the reserves staked out by McColl is out of all proportion to the numbers or
requirements of the tribes to which they were assigned.
The Indians regard these extensive tracts of land as their individual property ;
but of by far the greater portion thereof they make no use whatever and are not
likely to do so ; and thus the land, much of which is either rich pasture or available
for cultivation and greatly desired for immediate settlement, remains in an unproductive condition—is of no real value to the Indians and utterly unprofitable to the
public interests.
I am, therefore, of opinion that these reserves should, in almost every case, be
very materially reduced.
Two methods of effecting this reduction may be suggested—either (1) to disavow absolutely McColl's authority to make these reserves of the extravagant extent
laid out by him, and instead to survey off the reserves afresh, either on the basis of
Mr. Brew's letter of instructions to McColl, namely, ten acres to each grown man,
or of such extent as may, on investigation, be determined to be proportionate to the
requirements of each tribe, or—(2) to negotiate with the Indians for the relinquishment of the greater portion of these lands, which they now consider their own, on
terms of compensation, in fact to buy the lands back from them.
The former of these systems was carried out last year in the reduction of the
Kamloops and Shuswap Indian Reserves, where tracts of land of most unreasonable
extent were claimed and held by the local tribes under circumstances nearly parallel
to those now under discussion ; and I think that a similar course may be very fairly
and expediently adopted in this case.
The Indians have really no right to the lands they claim, nor are they _ of any
actual value or utility to them ; and I cannot see why they should either retain these
lands to the prejudice of the general interests of the Colony, or be allowed to make a
market of them either to Government or to individuals.
It seems to me, therefore, both just and politic that they should, be confirmed
in the possession of such extents of lands only as are sufficient for their probable requirements for purposes of cultivation and pasturage, and that the remainder of the
land now shut up in these reserves should be thrown open to pre-emption.
But in carrying out such a reduction of these reserves in the manner proposed,
very careful management of the dispositions of the Indian claimants would be requisite to prevent serious dissatisfaction ; firmness and discretion are equally essential
to effect the desired result, to convince the Indians that the Government intend only
to deal fairly with them and the whites, who desire to settle on and cultivate the
lands which they (the Indians) have really no right to and no use for. 89 Vic. Papers relating to Indian Land Question, 203
Perhaps the most judicious course would be that some agent of the Government
be commissioned to confer with the Indians on each reserve—to ascertain exactly the
numbers of each tribe, and the amount of land actually cultivated or used by them
as pasturage—to apprise them that their rights to the tracts now held by them are
not acknowledged by Government—but that such extents of land will be at once surveyed and confirmed to them, as the Government may determine to be proportionate
to their actual requirements—and to report the results in each case, stating the
amounts of land that in his opinion should be finally included in each reserve.
The Government would after the receipt of such a report, be in a much better
position than at present to take decisive action m the matter.
(Signed) Joseph W. Trutch.
28th August, 1867.
Mr.  William Me Coil's Report.
New  Westminster,
16th May, 1864.
Sir,—In accordance with Mr. Brew's instructions of the 6th April, I have
completed the staking off of the reserves alluded to in that document, (herewith
returned).
I beg to inform you that, in addition to the written instructions, I had further
verbal orders given to me by Sir James Douglas, to the effect that all lands claimed
by the Indians were to be included in the reserve; the Indians were to have as
much land as they wished, and in no case to lay off a reserve under 100 acres.
The reserves have been laid off accordingly.    (See the accompanying diagram).
I also beg to inform you that I have laid off more reserves than what was
originally intended when the instructions were written.
List marked A was handed to me by Sir James Douglas, and contained all
the names of the reserves that were to be laid off; but afterwards documents B, C,
and D were sent, 'giving a considerable larger amount of work than what was
expected at first.
This explanation is given to shew cause why the work was so much longer in
hand than what was expected, one month being allowed. The work was one
month and eleven days in hand.    This I leave for your consideration.
I have, &c,
(Signed)       Wm. McColl.
Enclosures.
Instructions to Mr. McColl.
Mr. William McColl will proceed forthwith to mark out Indian Reserves
around the different Indian Villages on the Fraser River,'between New Westminster
and Harrison River, wherever reserves have not yet been declared and defined.
He will also mark as Indian Reserves, any ground which has been cleared and
tilled for years by the Indians.
Mr. McColl will mark out with corner and intermediate posts, whatsoever land
the Indians claim as theirs; and at any Indian Village where the quantity of land
demanded by the Indians is not equal to ten acres for each family, Mr. McColl will
enlarge the reserve to that extent. Each grown man to be considered the head of
a family.
Mr. McColl will be allowed a month to execute this task.
Surveyor General's Office, (Signed)       C. Brew.
New Westminster, 6th April, 1864. 204 Papers relating to Indian Land Question. 1875
Surveyor General's Department,
New Westminster, 25th April, 1864.
Sir,—I am directed by Mr. Brew to request that you will upon completion of
your present work, proceed to the Harrison River and lay out the Indian Reserves
in that locality, irrespective of the claims of settlers.
The quantity of land to be laid off in accordance with your former instructions.
I have, &c,
(Signed)       A. R. Howse.
A.
Population.
So-why-lee  70
Yuke-you-quay-yoose  70
Iswhya-aayla  65
Iswhy'  14
Assaylitch  20
Koqua-pilt  38
Isqwhay  83
Tlalt-whaas  10
Who-nock  33
Saamoqua   20
B.
Government House,
11th April, 1864.
Mr. McColl.
The bearers of this are from the village of Matsqui—a little above Whonock.
Please to mark out their boundaries in the same manner as the other villages.
By order of the Governor,
(Signed)       A. T. Bushby.
C.
Surveyor General's Department,
New Westminster, 23rd April, 1864.
Sir,—I am directed by Mr. Brew to inform you that the land claimed by the
Indians on the North side of the Fraser River, opposite to the Sumass, is to be laid
out as a Reserve.
The accompanying sketch will convey to you the position of the land referred
to; and if there are any settlers within the space marked on sketch, and lettered
A, B, C, and D, you are requested to make a note of them, showing the position
of their claims, but not to survey them.
I have, &c,
(Signed)       A. R. Howse.
D.
Mr. McColl may survey the Nicomin Reserve if he has time.
(Signed)       C. Brew.
25th April, 1864. 39 Vic. Papers relating to Indian Land Question. 205
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
6th November, 1867.
Sir,—The Governor has had under consideration the subject matter of your
letter of the 28th of August, last, relative to the extent and boundaries of the
Indian Reserves on the lower Fraser.
2. His Excellency considers it very desirable that this question should not be
allowed to remain any longer in the indefinite state in which it appears to stand at
present; but that these reserves should be defined, so that the Indians may be
aware of the exact limits of the ground allotted to them.
3. There is good reason to believe that Mr. McColl very greatly misunderstood
the instructions conveyed to him in respect of marking out these reserves in the
first instance, and he has in consequence created reserves of land far beyond the wants
or expectations of the Indians. The instructions given in Mr. Brew's letter of the
6th of April, 1864, are very simple, viz :—to mark out as reserves any ground
which had been cleared and tilled for years by Indians; and should the ground so
circumstanced be not equal to ten acres for each family—each adult male being
considered the head of a family—the reserve was to be enlarged to that extent.
As for the verbal instructions which Mr. McColl is said to have received from
Governor Douglas—that the Indians were to have as much land as they wished—it
is apprehended that Mr. McColl entirely misinterpreted Governor Douglas' wishes,
although it is very probable that he was perfectly right in not laying out any Indian
Reserve of less extent than 100 acres.
4. The Indians have no power to alienate any portion of their reserves, and
no such alienation can be confirmed. The amount of ground reserved should be
amply sufficient for all the actual wants and requirements ol the tribe for which
the reserve may be made; but in no case should it be of such extent as to engender
the feeling in the mind of the Indian that the land is of no use to him, and that it
will be to his benefit to part with it.
5. All those reserves that have been laid out of excessive extent should be
reduced as soon as may be practicable. The Indians have no right to any land
beyond what may be necessary for their actual requirements, and all beyond this
should be excluded from the boundaries of sthe reserves. They can have no claim
whatever to any compensation for any of the land so excluded, for they really have
never actually possessed it, although, perhaps, they may have been led to view such
land as a portion of their reserve, through Mr. McColl so loosely reserving such
large tracts of land, out of which, at some future day, the various ludian Reserves
would have to be accurately defined.
6. His Excellency will be glad if you will, at ,an early opportunity, make a
reconnaissance of the Indian Reserves herein referred to, with the object of enabling
you hereafter the more expeditiously and effectually to carry out the work of
survey and marking out, and to direct it in such manner as shall avoid any misunderstanding or complications with the Indians.
I have, &c,
(Signed)       William A. G. Young.
The Chief Commissioner of Lands and Works to the Colonial Secretary.
.Lands and Works Department,
New Westminster, 19th November, 1867.
Sir,—I have the honor to report for the information of the Governor, that in
accordance with His Excellency's instructions conveyed to me in your letter of
the 6th instant, I have, in company with Captain Ball, the Magistrate of the 206 Papers relating to Indian Land Question. 1875
District, visited all but four of the Indian Reserves on the Lower Fraser, which
were laid out by the late Sergeant McColl, and have conferred with the Chiefs of
the various tribes at their respective villages.
The reserves, which from lack of time, we were unable to visit are those laid
off on the Upper Chilliwhack for the Scokale and Sowhylee tribes, and those on
the right bank of the Fraser, opposite Sumass, reserved for the Flatwhaas and
Nickameen tribes, the latter of which, however, we saw from the River extending
about four miles along the bank.
I am satisfied, as the result of our reconnaissance, that those reserves are in
almost every instance too extensive, and in some cases extravagantly so, but that
there will be no practical difficulty in reducing them, with the full concurrence of
the Indians themselves, within much narrower limits.
The Indians generally, and indeed without exception as far as we could
ascertain, are ready to abide by any decision the Governor may make as to the
extent of land to be reserved for their use.
They do not seem opposed to relinquishing portions of the lands which, since
McCoIl's surveys, they have been led to consider as set apart for them. They are
only anxious to retain their villages and potato patches and such moderate extents
of land around them as may be finally reserved by Government for them.
They express themselves, however, as much aggrieved at the appropriation by
white settlers of portions of the lands which they have hitherto considered as intended for the Indians alone, evidently regarding such settlements as unauthorized
intrusions on their rights.
I took occasion at each village, to inform the Indians that McColl had no
authority for laying off the excessive amounts of land included by him in these
reserves, and that his action in this respect was entirely disavowed, but that the
Governor would direct that such amounts of land should be secured to the use of
each tribe as he should determine to be proportionate to their numbers and requirements, and that next spring these reserves would be definitely staked off,
and maps of the same given to each Chief, so that the boundaries thereof should
be clearly understood.
I also impressed upon them that such lands would not be their property to
sell or convey away in any manner, but would be held in trust by the Government
for their use as long as they continued to live upon them, and free from all intrusion either of white people or Indians of other tribes.
I had not time to make such a careful and detailed inspection of these
Reserves as would warrant me in recommending what specific tracts of land should
be set apart for each tribe. This can be best decided on the ground, the boundaries of each reserve being so arranged as to leave out as far as may be found
practicable such lands as have been settled upon, and improved by white -persons,
retaining always however, for the use of the Indians, the sites of their villages and
as much land around them or (as will in some cases be found expedient) both
around their villages and at the spots where they have been in the habit of cultivating potatoes, as will amount in the aggregate to ten acres of tillable land to each
adult male in the tribe, together with a moderate amount of grazing land for those
tribes which possess cattle and horses.
I enclose herewith, a statement of the numbers of each tribe visited by us, and
of the cattle, etc., possessed by them, as furnished by the Chiefs at their respective
villages.
I have, etc.,
(Signed) Joseph W. Trutch. 39 Vic.
Papers relating to Indian Land Question.
207
Enclosure.
Statement of the numbers in the Indian tribes on the Lower Fraser, visited by Mr.
Trutch and Captain Ball, on the 11th, 12th, 13th, and 14th November, 1867.
"E.
a
A
B
0
D
E
F
G
H
I
J
K
L
M
N
Name of the Tribe.
Whonock	
Saamoqua	
Matzqui ,	
Tlalt-whaas	
Sumass (Upper)	
Sumass (Lower) ,
Nickaamen	
Iswhy ,.,
Isquhay 	
Koquaa-plit ..,
Iswaya-aayla	
Assay-litch  ,	
Yuke-youqua-yoose-soekale,
So-why-lee	
o
m   O
o
HJ
a
a
a
o   .
a
a
o
a
o
Is
CD
°'B
a
CD
U
13
2000
it
13
6 2
II
14
9
500
9
5
9600
22
25
24
2000
Not vis
ited.
1200
8
12
14
6400
22
39
39
6400
Not vis
ited.
300
13
11
15
3200
33
23
33
400
8
8
7
1000
11
12
11
400
4
4
2
2500
Not vis
ited.
4000
Not vis
ited.
Number of cattle, horses, pigs,
etc., belonging to the  tribe.
3 cattle, 12 pigs.
6 cattle, 3 horses, 5 pigs.
12 pigs.
21 horses, 12 pigs.
1 cow, 3 horses, 16 pigs.
Some pigs.
5 cattle and some pigs.
8 cattle, 1 horse, & some pigs.
9 cattle, 1 horse, & some pigs,
ome pigs.
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
4th December, 1867.
Sir,—I duly received and laid before the Governor your letter dated the 19th
ultimo, reporting your proceedings in carrying out the instructions conveyed to
you by my letter of the 6th November, with regard to adjusting and defining the
boundaries of the various Indian Reserves on the Lower Fraser, and I am to
acquaint you that His Excellency thinks it desirable that the different reserves
should be surveyed and marked off' in the Spring, in accordance with the
suggestions offered by you.
I have, &c,
(Signed) William A. G. Young. 208 Papers relating to Indian Land Question. 1875
The Rev. Mr. McGucking to the Chief Commissioner of Lands and Works.
St. Joseph's Mission, Williams Lake,
12th May, 1868.
Sir,—I beg leave to enclose you one of the notices that have been posted on
the Indian Reserve, Soda Creek, by Mr. John Adams, Mill-owner of same place.
These notices have caused considerable excitement and discontent among the Indians.
I have been laboring for the past two years among the Indians of this part of
the country, and I must say that I have succeeded beyond even my own expectations
in bringing them to habits of morality and industry. But if their reserves are to
be interfered with in the manner that Mr. Adams wishes, I would not answer for
the consequences. I already see that the Indians of Soda Creek would sooner risk
their lives than abandon their native soil. At present I have used my endeavours
to pacify them, by assuring them that the Government will protect them.
I shall now take the liberty of giving you some particulars of the Indians of
Soda Creek. The Natives of Soda Creek, counting men, women, and children,
number from 80 to 100 persons, and have a reserve extending over 8 miles of the
country; but in all this extent there are not more than from 150 to 200 acres of
land fit for cultivation. On this plot of good land they have built their church and
several dwelling houses, and have other houses in the course of construction. They
have it almost all enclosed by a good substantial fence, and a large part of it under
cultivation. This spring they have sowed wheat, barley, oats, potatoes, turnips,
and garden seeds, in fact, in the course of another year or two, they will have all
this good plot of about 200 acres well cultivated. Now it is on this same plot that
Mr. Adams has posted his notices, and states that he pre-empted it on the 30th
ultimo.
Hoping you will give this matter due consideration, and either through me, or
some of the Government Officials, you will take the first opportunity of restoring
peace and tranquillity among the Indians of Soda Creek.
I remain, &c,
(Signed)       James M. McGucking, O.M.I.
ENCLOSURE.
Notice.—I have this day pre-empted 336 acres of land, bounded on the North
by a line bearing S. 48° East, from this post 60 chains to a post fixed at that
distance.
Soda Creek 30th April, 1868. (Signed)        John R. Adams.
Ihe Chief Commissioner of Lands and Works to the Rev. Mr. McGucking.
Lands and Works Department,
Victoria, 30th May, 1868.
Sir,"—I have the honour to acknowledge the receipt of your letter of the 12th
instant (which however only came to hand three days ago), informing me of Mr.
Adams' having posted on the Indian Reserve at Soda Creek certain notices, one
of which you forward to me, of his intention to pre-empt a portion of-said reserve.
I am unable to ascertain from the records in this office the exact limits of this
reserve, in fact, I believe the boundary lines thereof have not yet been surveyed.
I will, however, immediately obtain further information on the subject. 39 Vie. Papers relating to Indian Land Question. 209
In the mean time I may state to you that the Land Ordinance expressly precludes any portion of an Indian Reserve being taken up as a pre-emption claim.
If therefore the land on which Mr. Adams has posted his notice is, as you inform
me, a part of the Soda Creek Indian Reserve, he can have no right to occupy it.
I will by this mail write to Mr. Brew, the Magistrate of the District in which
the reserve in question is included, and will request him to enquire into the matter
and to take such steps as he may deem advisable to protect the Indians in the land
which has been appropriated for their use. And you may rest assured, at all events,
that the land which they have enclosed and cultivated will not be intruded on.
I have, &c,
(Signed) Joseph W. Trutch.
Ihe Chief Commissioner of Lands and Works to Mr. Brew.
Lands and Works Department,
30th May, 1868.
Sir,—I have the honour to enclose, for your information and consideration, a
copy of a letter addressed to me by the Rev. James M. McGucking, in charge of
St. Joseph's Mission at Williams Lake, stating that Mr. Adams has taken possession
of a portion of the Indian Reserve at Soda Creek, and has posted notices on the
same of his claim to 336 acres thereof as a pre-emption right.
I am unable to ascertain from the records of this office the exact limits of this
reserve, in fact I believe it has not yet been surveyed, nor have I yet learnt by whom
it was laid off. I will, however, as soon as possible obtain further information on
the subject and again communicate with you regarding it.
In the meantime I have written to Father McGucking, informing him that I
would request you to take steps to prevent any intrusion on the lands occupied and
cultivated by the Indians at Soda Creek, and that of course no pre-emption right
would be accorded to Mr. Adams over any portion of the said reserve.
I shall be obliged by your making such enquiries as you may deem advisable
under the circumstances, and furnishing me with any information you may obtain
as to this Indian Reserve and Mr. Adams' intrusion thereon, if indeed any such intrusion has taken place.
I have, &c,
(Signed) Joseph W. Trutch.
Mr. O'Reilly to ihe Chtef Commissioner of Lands and Works.
Yale, 19th June, 1868.
Sir,—I have the honour to report for the information of His Excellency the
Governor, that since the month of May six pre-emption claims have been recorded
in the neighbourhood of Nicola Lake, which is situated in this district, and I have
reason to believe that many more applications are about to be made for land
in that part of the country.
The Indians have been in the habit of cultivating detached portions of la^d immediately about the lake, and under these circumstances I would venture to
suggest that a survey be made without delay, and the Indian Reserves clearly defined, in order to avoid trouble hereafter.
I have, &c,
(Signed) P. O'Reilly.
15 210 Papers relating to Indian Land Question. 1875
The Chief Commissioner of Lands and Works to Mr. O'Reilly.
Lands and Works Department,
Victoria, August 5th, 1868.
Sir,—I duly received and laid before the Governor your letter of the 19th
June, reporting that a considerable number of pre-emption claims had been taken
up this spring in the neighbourhood of Nicola Lake, and recommending that certain lands immediately about the lake, which have for many years been occupied
and partly cultivated by Indians, should at once be surveyed off and established as
permanent reserves for the use of the Indians resident thereon, so as to prevent collision between them and the white settlers.
I have now to inform you that His Excellency approves of the course recommended by you, and I am directed to instruct you to undertake the adjustment of
these reserves at as early a date as you can make it convenient to repair to the spot.
I am also to direct you to visit the Bonaparte Indian Reserve, either on your
way to or from Nicola Lake, and should you be of opinion that this reserve is, as has
been represented, too extensive, you are to reduce it within such limits as you may
consider proportionate to the numbers and requirements of the Indians resident
thereon.
The extent of land to be included in each of these reservations must be determined by you on the spot, with due regard to the numbers and industrial habits of
the Indians permanently living on the land, and to the quality of the land itself, but
as a general rule it is considered that an allotment of about ten acres of good land
should be made to each family in the tribe.
After a report from you on this subject has been received public notice will be
given of any reductions you may make of the extents of these reservations, and a
date will be advertised on and after which records of pre-emption claims on the
lands so thrown open to pre-emption will be received.
I have instructed Mr. Mohun to go up to Yale by to-morrow's boat and to accompany you thence to the reserves above indicated, for the purpose of surveying
the boundary lines thereof under your directions.
I have, &c,
(Signed) Joseph W. Trutch.
Ihe Chief Commissioner of Lands and Works to Mr. O'Reilly.
Lands and Works Office,
Victoria, 6th August, 1868.
Sir,—This will be handed to you by Mr. Edward Mohun, whom I have instructed to place himself under your directions at Yale, to accompany you to Bonaparte and Nicola Lake for the purpose of surveying off the boundary lines of the
Indian Reserves at those places, as you may direct.
I have, &c,
(Signed) Joseph W. Trutch.
Mr. O'Reilly to the Chief Commissioner of Lands and Works.
Yale,
29th August, 1868.
Sir,—I have the honor to report for the information of His Excellency the
Governor, that in accordance with the instructions contained in your letter of the
6th inst., I have marked off the Indian Reserves on the Bonaparte and at Nicola
Lake. 39 Vic. Papers relating to Indian Land Question, ' 211
I have also to report that while on my way to Nicola Lake, I was met at Dead-
man's Creek by the Savona Ferry Indians headed by their Chief, and requested by
them to define the boundaries of their land. I thought it advisable to comply with,
their demand, though the reserve for this tribe was not included in your instructions.   I hope that my having done so will be approved of by His Excellency.
Having previously apprised the Indians of my intention to visit them, I was
met by the different tribes at the several points indicated by me, and was thus
saved much time.
I ascertained from " Ceinshute " their chief, that the whole population of the
Bonaparte tribe does not exceed 55 to 60, that they cultivate from 4 to 5 acres,
and that their stock consists of 25 horses, and of 9 head of cattle, and that they
claimed nearly 7 miles in length of the valley of the Bonaparte, which averages
half-a-mile in width.
Having visited this reserve three times, I came to the conclusion that the ex*
tent of land claimed by them was out of all proportion to their requirements. With
the concurrence of the chief, therefore I staked out about one mile square for their
use, within which are situated their houses and all the land they have been in the
habit of cultivating.
"Ceciasket " the chief of the Indians who inhabit the country in the neighborhood of Savona's Ferry, informed me that his tribe consists of 62 families,
numbering in all 122; their stock consists of 16 head of cattle and 28 horses, and
that formerly they claimed, under a promise from Mr. Cox, about 9 miles on both
sides of the Thompson River, commencing at the foot of Kamloops Lake, but, a
portion of this having been taken possession of by the white settlers, they moved to
Deadman's Creek, where they have built a small church and a few houses, and have
there been in the habit of cultivating their potatoes. I marked off for their use
the whole width of the valley, which averages about half-a-mile, for a distance of
two miles; their lower boundary commences about four and a half miles above the
waggon road bridge which crosses the creek.
I found that at Nicola Lake the Indians are divided into two tribes, one
occupying the Eastern or upper, and the other the Western or lower end of the
lake, " Chillihetza'' being the chief of the former, and "Nowistican" of the latter.
The tribe under Chillihetza represents a population of 150, owning 20 head of
cattle and 130 horses. At their request I marked out a square block of land containing about 800 to a 1000 acres for their use, situated at the mouth of "a creek
which flows into the lake on the South-East side, about four miles from its head;
two and a half miles lower down, on the same side of the lake, I marked out for
this tribe a second reserve of about 80 acres, embracing the mouth of another
creek, which is particularly valuable to them on account of the fishing.
The tribe under Nowistican consists of about 100, and possess 32 head of
cattle and 200 horses. I had considerable difficulty in effecting any arrangement
with this tribe, as they claimed a large extent of valuable land, but at last the
chief consented that I should mark out about 1000 acres in one block, situated on
the Nicola River, commencing nine miles from the foot of the lake.
Mr. Mohun, Civil Engineer, whom you sent up to make the surveys of these
reserves, accompanied me, and was present when I made the arrangements with
the chiefs of the different tribes ; and the boundaries were defined by blazed
trees and stakes, so that no misunderstanding can arise, nor do the reserves as laid
out interfere with the rights of any of the settlers.
Before leaving Nicola Lake I provided Mr. Mohun with all the assistance he
required.    The survey of these lands will, I think, occupy him about a month.
The chiefs requested that they might be furnished with a map of their lands,
which I promised they should have, and I would suggest that such be sent to them
with as little delay as possible. I have, &c,
(Signed)      P. O'Reilly. 212 Papers relating to Indian Land Question. 1875
Mr. Mohun to the Chief Commissioner of Lands and Works.
Victoria, 6th October, 1868.
Sir,—I have the honor to inform you that, in accordance with your instructions,
I left Victoria on the 7th August, and placed myself at the orders of Mr. O'Reilly,
under whose directions and with whom I proceeded to the Bonaparte, Deadman's
Creek, and Nicola Lake and River, at each of which places he pointed out to me
what he wished done.
Mr. O'Reilly left me on the evening of the 24th August to complete the work,
of which I enclose you the field notes and sketches.
The thick smoke overhanging the whole country has been a great hindrance
to the work, both in the field and in taking observations; and, in fact, the only one
I feel satisfied about is that taken at Deadman's Creek.
Another great drawback has been the scarcity of labour, as it was harvest time,
and also the Indian fishing season. On Deadman's Creek, I had to do the whole,
and on the Buonaparte, the greater part of the axe work myself.
I completed the work on the 23rd September, having been at work 26 days,
and immediately left for Victoria, where I arrived 3rd October.
I have, &c,
(Signed) Edward Mohun.
Mr. Ball to Governor Seymour.
Yale, October 17th, 1868.
Sir,—I have the honour to report that according to instructions I proceeded in
company with Assistant Surveyor-General Pearse, to the Harrison, Chilliwhack,
and Sumass Rivers, to define and adjust the Indian Reserves situated in that neighbourhood and some others on the Lower Fraser.
The number of reserves visited amounted in all to fourteen, all of which, with
one exception, were reduced, and portions of land (averaging ten acres to each
adult) allotted proportioned to the size and requirements of the different Indian
villages.
We experienced no trouble with the Indians when the proposal of the reductions was made, and all appeared perfectly satisfied with the reserves laid out for
them, as every regard was paid to ensure the enclosure of the ground they had
previously cultivated. A great anxiety existed amongst most of the villages to
have a final settlement of the limits of their land made, more particularly where
the reserves were surrounded by white settlers.
Several hundreds of acres of good agricultural and pasture land have consequently been thrown open for pre-emption, which has hitherto been locked up and
unused by white settlers, in consequence of its forming part of the large reserves
allotted to the different villages in 1864.
I have, &c,
(Signed) H. M. Ball.
Mr. Pearse to the Chief Commissioner of Lands and Works.
Lands and Works Department,
21st October, 1868.
Sir,—I have the honour to inform you that in compliance with instructions I
proceeded in company with Captain Ball, Stipendiary Magistrate, to define precisely
on the ground the limits of the various reserves for the Indians on the Lower Fraser.
This was done by marking trees or planting posts on each frontage, and making
accurate sketches for the guidance of the surveyor.    The chiefs of the various vil- 39 Vic. Papers relating to Indian Land Question, 213
lages were with us in nearly every case, and with one exception (that of Who-nock),
expressed themselves thoroughly satisfied with the lands allotted to them. We
took great care to include their potatoe grounds in every case. Where doing so
would have involved too large an undivided area, we gave them a second lot. The
principle kept in view, was to give them from ten to twenty acres for each adult
in the tribe, and an extra quantity for those possessing stock or horses. This will
throw open about 40,000 acres for settlement by white men. We left Mr. Launders to run the lines and complete the survey of the river line.
In our reconnaissance in the Chilliwhack District we were accompanied by
nearly all the settlers, some sixteen in number, who were very useful and obliging
in pointing out McColl's and other surveyors' posts. They all seem to be doing
well, and thoroughly satisfied with their prospects. There is one point to which I
would strongly call the attention of the Government, and that is the necessity of
extending the present or an improved " Road Act" to the Chilliwhack and Sumass
Districts, the latter containing seven or eight settlers. At present the more energetic men do more or less work on the public trails, whilst those who are less public spirited do nothing. The passage of an Act compelling all to work on the public trails and roads would be a great benefit to these districts. I am aware that
the present Act of 1860 is deficient in many respects, but even under it a great
deal of valuable work has been done in the Vancouver Island Districts, especially
in that of Comox.
I have, &c,
(Signed) .        B. W. Pearse.
Mr. Ball to the Chief Commissioner of Lands and Works.
New Westminster,
30th October, 1868.
Sir,—I have the honour to enclose a letter received from the Rev. J. B. Good,
relative to the survey of some small Indian Reserves on the Fraser River, in the
neighbourhood of Lytton.
As the culture of the land in that District is carried on by irrigation, and all
the available land eagerly taken up where water can be used for irrigation, I think
it would be advisable that in the spring the Indians should have their small plots
of land secured to them and surveyed off, together with a certain amount of unappropriated water where required.
I have, etc.,
(Signed) H. M. Ball.
[This enclosure cannot be found.]
The Chief Commissioner of Lands and Works to Mr. Ball
Lands and Works Office,
Victoria, 20th November, 1868.
Sir,—Having duly "submitted for the consideration of His Excellency the
Governor, your letter of the 30th ultimo, with enclosure from the Rev. J. B. Good,
in reference to the advisability of defining certain pieces of land along the Fraser
River in the neighbourhood ot Lytton, as reserved for the use of the Indians of that
District, I am directed to request that you will inform Mr. Good that it is impracticable to effect any settlement of these reserves at present, and the consideration
of the matter is deferred until a more favourable opportunity.
I have, &c,
(Signed)       Joseph W. Trutch. 214 Papers relating to Indian Land Question. 1875
Mr. Mohun to the Chief Commissioner of Lands and Works.
Victoria, December 3rd, 1868.
Sir,—I have the honour to inform you that in accordance with your instructions,
I left Victoria on the 20th November.
In addition to the reserves mentioned in my orders by Mr. Pearse, Captain
Ball desired me to lay off one on the south bank of the river at Katzie.
I left ^ew Westminster November 23rd, and stopped at Katzie, where I laid off
about 40 acres. On the map furnished me by Captain Ball, the reserve is shown to
have a frontage of about 20 chains ; the chief claims 40 chains. By the new survey
he has a frontage of about 20 chains, which includes all the potato patches, house, &c.
At Whannock I laid off about 100 acres, with which the Indians appear perfectly satisfied.
At Matsqui about 80 acres was laid out, which has caused great dissatisfaction.
The chief says it is nearly all swamp; that it cuts off the burial ground and the
potato patches, which are to the west on the higher ground; and he wishes his
west boundary about 20 chains lower down the river.
I promised to lay his complaint before you, as what he stated is true, and he
trusts that you will give directions to have his western boundary removed lower
down. The reserve on the Matsqui Prairie contains 52J acres, of which thirty are
grass, the remainder being a rich maple bottom requiring but little clearing; with
this they expressed themselves satisfied.
I returned to New Westminster on the 30th November.
I have, &c,
(Signed)        Edward Mohun.
Mr. J. B. Launders to the Chief Commissioner of Lands and Works.
Victoria, 18th December, 1868.
Sir,—I have the honor to report that having travelled over all the Chilliwhack
Indian Reserves with Mr. Pearse, at the same time receiving instructions from him,
I was left by him on the 3rd October, and commenced surveying the reserves
according to his instructions and diagrams. I shall now write of them as numbered
and named on the plans, remarking briefly on the nature of the land, description
of timber, and the satisfaction evinced by the Indians.
No. 1, Squay-ya A.
This Indian Reserve, commencing at Kipp's Landing, Fraser River, runs S. W.
down stream 25 chains; thence up the Ko-qua-pilt Slough about 60 chains; thence
due East 68 chains; thence North 40 chains; thence East 20 chains; thence North
8 chains, closing on Squay-ya Slough about 1 mile above Kipp's Landing on Fraser
River. The land on this reserve is of excellent quality; timber, maple, cottonwood, pine and alder, some cedar and willow.
No. 2, Squay-ya B.
This reserve commences about 30 chains up Squay-ya Slough from Kipp's
Landing, Fraser River; it is an Island, and measures by survey traverse exactly 4
miles circuit; the land is mostly subject to floods, but of good quality; timber,
pine and cottonwood, willow underwood.
No 3, Squay-ya C.
This reserve is about 3 miles up Squay-ya Slough, and on the plan is connected by traverse with the foregoing reserves; it is required by the Indians principally
on account of its having for many years been their cemetery; there are also some 89 Vic. Papers relating to Indian Land Question. 215
heavy frames of buildings; it runs S. 59 E. (magnetic bearings) 12 chains; thence
N. 31° E. 25 chains; thence N. 59° W. 12 chains, closing on above named slough.
Soil first-rate; timber, pine, maple, and alder, crab-apple brush. Indians to which
these three reserves belong to were perfectly satisfied.
No. 4, Schuye.
This Indian Reserve is an Island situated on Fraser River between the Chilliwhack River and Ko-qua-pilt Slough (see plan); the greater part of the land is
subject to floods, the remainder of middling quality (from limited observation);
timber, pine, cedar, and cottonwood, willow brush. There is a town site marked
out at S. W. angle of Island, about 5 acres. The Indians displayed no interest in
their claims.
No. 5, Ko-qua-pilt.
Reserve commences about 4 chains from Kipp's Farm and runs true East 50
chains; thence up Ko-qua-pilt Slough to its junction with Chilliwhack River;
thence following dry slough along Telegraph road to near Kipp's farm. Timber,
pine, cedar, and cottonwood, some maple, willow brush, &c; land of the first
quality.    Indians, with one unimportant exception, well satisfied.
No. 6, ISQUA-AHLA.
Reserve commences at the junction of the Chilliwhack River with the Ko-
qua-pilt Slough; thence following a dry slough along the Telegraph road about 20
chains to a post marked by me Indian Reserve; thence N. 77° 30' E. (magnetic
bearings), 20.70 chains to Duck Slough, along same general direction S.; thence
following the Chilliwhack River in its tortuous course to starting point, as above
described. Timber, pine, vine-maple, and willows; land partially subject to floods
but of good quality.    Indians submissively satisfied.
No. 7, Assy-litch.
This reserve commences near the village of the same name and runs magnetic
N. 6° 30' E. 15 chains; thence S. 83° 30' W. 30.50 chains; thence S. 6° 30' W.
15 chains; thence N. 83° 30' E. 8 chains; thence N. 82° E. 8 chains; thence S.
74° 20' E. to starting point on Chilliwhack River. This reserve is about 60 chains
from the junction of Ko-qua-pilt Slough and Chilliwhack River; it contains a few
acres of wet prairie; timber, fir, small cedar, vine-maple, alder and poplar.
Indians very well satisfied.
No 8, Sco-kale A.
This reserve is situated about 6 or 7 miles up Chilliwhack River, starting
point about 20 chains from Sco-kale village (up stream) N. 26° E. 36.34 chains;
thence N. 64° W. 37.20 chains; thence S. 46° W.; thence 4 chains to Chilliwhack River; the boundary then follows the River traversed to starting point.
The soil on this Reserve is of the best description; timber, cottonwood, vine-
maple, and a few firs, hazel and whitethorn brush.    Indians satisfied.
No. 9, Sco-kale B.
Commences opposite the Indian village on last reserve, to which it is drawn on
plan in relative position; it runs due West 18.10 chains; thence S. 16 chains;
thence E. 22.57 chains to Chilliwhack River.
No. 10, YUK-YUK-Y-YOOSE.
This reserve commences about 15 chains and extends its frontage up stream
on Chilliwhack River; its Eastern boundary runs magnetic N. 6° W. 20 chains;
thence S. 84° W. 22 chains; thence to Chilliwhack River S. 6° E. 20 chains.
Timber and soil similar in all respects to the Sco-kale Reserves. Indians well
satisfied. 218 Papers relating to Indian Land Question. 1875
No. 11, So-why-lee.
This reserve is probably about 13 or 14 miles from the mouth of Chilliwhack
River; starting point about 8 chains from large Indian Ranch on trail, magnetic S.
12° 30' E. 40L20 chains, planted post; thence S. 79° E. 42.35 chains to base of
mountain, planted post; the boundary then follows base of mountain to its spur on
Chilliwhack River; this it follows down stream turning up Cultus or Schweltza
River, and following the trail past Captain John's house and the village to starting
point. Timber, fir, cedar, cottonwood, alder, vine-maple, Oregon grape, and
other berry brush. I should think that on this reserve there is the finest maple
grove in the Colony; a great part of the land is of a most superior nature, and is
fairly cultivated in large, well fenced patches; there is also a trail from Captain
John's house to the mountain base, J a mile of which is fit for a cart track.
Indians thoroughly satisfied.
No. 12, Scow-litz.
Commences about 12 chains above the village near Harrison Mouth, running-
through wet prairie, magnetic N. 29° 40' E. 9 chains; thence S. 60° 20' E.
13 chains to post on trail, which runs North-Easterly from Donnelly's house: the
boundary thence follows the trail to Bateson's house on Slough, which it follows to
Fraser River, down which to Harrison Mouth, and around past Donnelly's house
to starting post; there is a small reserve laid out of 2\ acres for building purposes.
Soil excellent where dry; timber, poor fir, small cottonwood and alder. Indians
satisfied.
No. 13, Nicomin.
This reserve commences about 8 chains magnetic N. of village, running N.
75° W. 25 chains; thence S. 15° W. 45 chains; thence S. 75° E. 22 chains; thence
frontage 45 chains along Nicomin Slough. Soil of fine quality; timber, spruce,
fir, cottonwood, maple, and some dogwood and small cedar, willow and hazel
underwood.    Indians well satisfied.
No. 14, Sque-aam.
This reserve is situated on the Nicomin or Harris's Slough at its junction
with a minor slough, which also connects with Fraser River, about a mile below
Miller's Landing; it is about If miles from Fraser River and almost parallel to it;
commences about 8 chains down stream from the village and runs S. 50° E.
20 chains; thence N. 40° E. 22.70 chains; thence down small slough to
Harris's Slough, along which the boundary runs to starting point; soil in general
very good. South, 10 chains wide, very rough; timber spruce, fir, maple, and
cottonwood, hazel and thorn brush.
No. 15, Klat-Waas.
This reserve commences about fifteen chains E. of village, on Nicomin or
Harris's Slough, about 1\ miles from its flow into Fraser River, running true N. 24
chains; thence West 39 chains; thence 20 chains to McColl's old post, true S.;
thence along frontage on Slough to starting point. Soil of the finest quality;
timber poor, mostly burned, a few pines, a few maples, small cottonwood, and
alder; for the most part this reserve is covered with dense thickets, crab-apple and
hazel. There are about 15 acres of prairie, subject to floods, on this reserve.
Indians satisfied.
No. 16, Sumass No 1.
Sumass Reserve No. 1 commences about 8 chains magnetic N. E. from village
on Fraser River, 20 chains up stream from the mouth of Nicomin or Harris's
Slough, running N. 40° W. 21 chains; thence S. 50° W. 15.65 chains; thence
S. 40° E. 20.75 chains to post on Fraser River; thence up stream to starting
post.    Soil of good quality; timber, mostly fir and maple damaged by fire, under- brush of crab-apple thicket, &c.     Considerable land has been cultivated on this
reserve.    Indians satisfied.
No. 17, Sumass No. 2.
Is situated about 20 chains South of Chadsey's Slough on Sumass River; from
S. W. post the boundary runs magnetic S. 77° 30' E. 14 chains; thence N.
12° 3' E. 30 chains; thence N. 77° 30' W. 14 chains to post on Sumass
River; thence up Sumass River to starting point. This reserve is chiefly wet
prairie with a belt of stunted willows along bank of river. The Indians were not
well satisfied; they wanted all their original claim.
The reserve which I was directed to survey on the opposite bank of Fraser
River was not accepted by the Indians, it was to contain 20 acres, but there is no
land above high water mark for 3 miles along the right bank of the river; small
patches occur back from the river and extend over 2J miles of ground, at least 6
or 7 are cultivated by separate families and the largest would not exceed Jan acre.
They wished me to put down 4 stakes at the corners of each of these strips and
could not comprehend my non-compliance. After going with or meeting them on
the gronnd twice I had to abandon the hopeless task of giving them satisfaction.
I would recommend that some further enquiry be made or something done to
secure to them in some way these patches, for they really seem to be the only
parcels of land, with the exception of Sumass No. 1, that they seem at all interested in, they displayed considerable apathy about the reserve around their village,
which is liable to floods, and would not have it. I therefore did not survey it, but
wrote to Mr. Ball and effected an exchange, giving them Sumass No. 2 grass land.
No. 18, Sumass Upper.
This reserve is situated on the Upper Sumass River or Slough, about 2 miles
South of the Lake, and commences at a large boulder near a rocky point of the
mountain, running S.54° 30' (magnetic) 22 chains to slough; thence up the serpentine
course of slough by traverse to a clump of pines; thence N 54° 30', to a post, near 3
lone pines; thence ascending to and following the mountain ridge and returning
to large boulder at starting point. Timber, pine and maple, belts of crab-apple
brush in places along the slough. Three-fourths of this reserve is prairie. Indians
well satisfied.
There were 3 other reserves that I should have surveyed, viz: Matsqui, around
the village and their potato patches and grass land, about 2 miles back from the
Fraser River, somewhere near the telegraph station; the weather being so stormy
and promising no abatement, I felt justified, partly on account of swelling expenses
by delay, but chiefly on account of ill health, in leaving these for the time, as also
the reserve at Wha-nock.
I made a great struggle to complete the work given me to do, and should
have finished had not the weather continued so wet. The 3 reserves above named,
you are aware, were subsequently surveyed by Mr. Mohun, C. E. I have re-plotted
them from his notes and entered them on my plans, as also the Katzie Reserve,
and given all the information I can deduce from the notes. See plan, Nos. 19, 20,
21 and 22.
I kept a journal throughout the entire work. It is devoid of detail with the exception of the state of the weather, which was for 5 weeks foggy, and what little
information I have made use of in constructing the plans. The lines are well cut and
defined, being good trails almost.
The posts deeply scored and put down at the corners or prominent points of
each reserve always in the presence of 2 or more Indians. I made it a point to
call their united attention to the blazed trees and natural features of the land and
timber around their corner posts.
I have, &c,
(Signed) J. B. Launders. 218 Papers relating to Indian Land Question. 1875
The Chief Commissioner of Lands and Works to Mr. Sanders.
Lands & Works Office, Victoria,
March 17th, 1869.
Sir,—I have the honour to transmit herewith a tracing of the official plan of
the Indian Reserve on Buonaparte River, near Cache Creek, the boundaries of
which were defined by Mr. O'Reilly, and surveyed by order of the Governor last year.
I was, until lately, under the erroneous impression that this reserve was in the
Lytton District, which will account for my not having sooner sent you a copy of the
plans of the definite survey of this reserve. The plan of this reserve, intended to
be given to the chief of the tribe for which it is to be held in trust, was handed to
Mr. O'Reilly for transmission to the chief.
You will observe by the advertisement in the Government Gazette, that the
lands hitherto included within the supposed limits of this reserve are open for preemption after the 1st instant.
I have, etc.,   .
''Signed) Joseph W. Trutch.
The Chief Commissioner of Lands and Works to Mr. Morley.
Lands & Works Office,
April 26th, 1869.
Sir,—The Indians of the several tribes residing in the Cowichan Valley having
made complaint to the Governor of the curtailment of their reserves by Mr. Pearse,
and especially in reference to the piece of land lately recorded as Mr. Rogers' preemption claim; and as it appears there was some misapprehension as to this section
being cut off from the Indian Reserve, I think it will be decided to restore the land
taken up by Mr. Rogers to the use of the Indians; and although I am not in a position to state this to you officially, I take the earliest opportunity of giving you a
hint to this effect, so that you may regulate yourself accordingly, and give some
intimation to Mr. Rogers to this effect.
As soon as I am able so to do, I will write you an official communication on this
subject; in the meantime, you had better take no decided action in reference to it.
The Governor will also, probably, give the Indians assistance, through you, in
fencing in their reserves.
Be good enough to write me word, by the return of the "Sir James Douglas,"
what has taken place, in reference to the dispute between the Indians and Mr.
Rogers, since you last reported officially on the subject.
I have, &c,
(Signed)       Joseph W. Trutch.
Mr. Morley to the Chief Commissioner of Lands and Works.
Maple Bay, April 27th, 1869.
My Dear Sir,—In the case of dispute between Mr. Rogers and the Indians,
I summoned Te-cha-malt on a charge of trespass, but as I found it was a case of
dispute as to the ownership of the land, and on the Indians promising not to interfere until I received further instructions from the Government, Mr. Rogers also
agreeing to let the matter stand over, I have taken no further action; since that
time all has been quiet.
I still firmly believe the Indian knew the land was open for pre-emption,
Lowah, the Comiaken Chief, says he was with Mr. Pearse when he told Te-cha-malt,
that the section in dispute was cut off the reserve, and Mr. Pearse showed the
Indians where the line ran. I believe it would be advisable not to restore it to the
Indians; it will only encourage them to make further demands.    I have another 89 Vie. Papers relating to Indian Land Question. 219
case of a similar description in hand.      A party of Indians have fenced a good portion of Mr. Munroe's land in, which he paid $5 per acre for.
I really believe the Indian Missions here do a deal to make the Indians dissatisfied.    The Catholics appear to have a great influence over them.
Te-cha-malt made use of very improper language, and was very insolent. He
said he was the Chief and that the land was his. He also said that Governor Seymour could not take the land from him, that if the Governor sent his gunboat he
would fetch his friends from all parts and hold the land against him. He also said
the Governor was a liar and had not fulfilled his promise to pay for the land he
had taken. And then told me he did not care for me, or the prison either, that I
had no power over the Indians, and a good deal more to the same effect.
I remain, &c,
(Signed) Jno. Morley.
Enclosures.
Mr. Lomas to Mr, Morley.
Church of England Mission,
Quamichan, April 30th, 1869.
Dear Sir,—In accordance with your request I beg to furnish you with a statement of the manner in which the Indian Chief Te-cha-malt and others have taken
possession of the section of land outside the reserve.
In February last, Te-cha-malt came to me and asked me to go with him and
read to him what was written on a boundary post, as he was going to fence in a
piece of land and wished to be sure that it was on the Indian Reserve.
I went and pointed out to him the boundary line. His son See-heel-ton was
present and endorsed what I said, as he was with Mr. Pearse when the latter surveyed the land in question. I then accompanied Te-cha-malt to a piece of land
inside, the reserve, which he said he would take up, and the next day he began to
fence it in.
About the end of March, when Mr. Rogers first went to take possession of the
land in question, there were, I believe, four Indians working on it, but the same
evening Te-cha-malt came to the Quamichan village and asked all his friends to go
with him and work on the section, telling them that if a large number would go
they could hold it in spite of the Government. Some went and others refused to
go, knowing the land to be outside the boundary lines that Mr. Pearse ran.
At the present time I believe there are twelve or fourteen men working on
the said land, including the Chief Te-cha-malt; but from conversation with other
Indians I am convinced that all of them knew when they went to work on the land
that it was outside the reserve.
There are one or two other items connected with this matter to which I should
like to call your attention.
1st. That there are many hundred acres of good land in the Cowichan Reserve
that are neither cultivated nor occupied.
2nd. That the Chief Te-cha-malt is not an hereditary chief, and has not the
slightest influence outside of his family, but was appointed by a Roman Catholic
Priest, who some years ago visited Cowichan.
3rd. That Te-cha-malt has for several years conducted himself in an orderly
manner, but in this matter, I am persuaded, he is acting under the advice of some
white man.
4th. That should the Government deem fit to give up this land to him, other
families will expect to be treated with the same favour, especially those occupying
Mr. Munroe's land, as they have been squatting on it since last fall. On the other
hand should the Government determine to remove the Indians from this section, I 220 Papers relating to Indian Land Question. 1875
would suggest as a peaceable way of doing it, that as they have already planted
some of the land, they be allowed to occupy it until next harvest, making them
clearly understand that after harvest they must return to the reserve leaving any
fences they may have put up.
I remain, &c,
(Signed) W. Hy. Lomas.
Mr. Rogers' Statement.
When I first went on to Section 14 there were a few cleared patches upon it.
I questioned See-hal-ton as to how many Indians had potatoes there last year, he
said there were five old men; I said, how was it they put them on the white man's
land; See-hal-ton said the young men understood that it was white man's land,
but the old men would not understand it; I then said I did not wish to take the
labour of the old men for nothing but would compensate them for the work they
had done, See-hal-ton said that was good.
On a subsequent occasion when I went on to the land there were about fifteen
Indians gathered there, they were fencing it in all directions, and See-hal-ton then
said there were thirty-five men on the land, and that I should not put up a house
there nor do any work while they had their hands to prevent me. Te-cha-malt then
spoke and said he was Chief and the land was his and he would not let any white
men come on to the land. A few days previous to this I had gone on to the land
with a man to cut logs for a house. I left the man there and came away ; the man
had cut several logs, when seven or eight Indians came up and obliged him to
leave.
After I received my record paper I went to the land with several men to put
up the house. The man was putting up a notice to say I had pre-empted the land,
when Te-cha-malt rushed up and tore the notice from his hands and threw it on the
ground and said we should not do anything there and we must leave.
Te-cha-malt and his two sons have run a fence across the end of three Sections,
viz., 12, 13, 14, correctly on the line Mr. Pearse surveyed as the boundary of the
reserve, they will thus have 300 acres fenced in. The Quamichan Indians are generally very much dissatisfied that these three men should have so much land. Te-
cha-malt said that when he found I had pre-empted the land he went and got his
friends to come and work upon it to keep me off.
The Indians stated first that there were five men on the land, afterwards they
said thirty-five, and now they say forty-five.
I have, &c,
(Signed) A. W. Rogers.
The Chief Commissioner of Lands and Works to Mr. Morley
Lands and Works Department,
May 4th, 1869.
Sir,—In reference to the dispute between Mr. Rogers and the Cowichan
Indians as to the section of land (Section 14, Range 7) Quamichan District, reported
in your letter to me dated April 27th, I have the honour to inform you that this
matter had already, before your report was received, been brought under the consideration of His Excellency the Governor on the complaint of the chiefs of the
tribes residing on the Cowiehan Reserves, that the section of land above named
having formerly been part of the land reserved for their use, had been cut off by
Mr. Pearse without their concurrence or knowledge.
His Excellency granted these chiefs an opportunity of stating their case at a
personal interview with himself, from which statement, corroborated to some extent 39 Vic. Papers relating to Indian Land Question. 221
by the evidence of Mr. Robertson, who was one of Mr. Pearse's surveying party
when the reserves were laid out in 1867, it appeared that there must have been a
misunderstanding between Mr. Pearse and these Indians as to the exact limits of
the lands to be held in reserve for them, and being willing to take a favourable
view of the claim of the Indians to the land in dispute, His Excellency has directed
me to hold the section of land in question under reserve for their use, and to notify
Mr. Rogers that his Pre-emption Record of this land, having been made by me
under the mistaken supposition that the said land was open for pre-emption, must
be cancelled.
Under further directions from the Governor, I have instructed Mr Mohun,
Surveyor, to go up to Cowichan by to-morrow's boat, and under your general
directions, and in company with you, to trace on the ground all the boundary lines
of this reserve as indicated on the sketch map enclosed herewith. And I am to
request that you will take such steps as you may deem advisable, to induce as many
as possible of the Indians interested in this reserve to go with you round those
boundary lines, and that you will clearly point out the same to them, and give them
distinctly to understand that no further alterations of these boundary lines will be
made by Government, this being a final settlement of the same.
After Mr. Mohun's return to this office, maps of these reserves will be prepared
from his notes and sketches; which maps will be sent to you to be handed to the
chiefs of the various tribes resident on these reserves. And I have to request that
you will inform the said chiefs, whilst you are pointing out on the ground the
boundaries of these reserves, that such plans will be given to them by you; and,
further, that the lands so reserved are to be held for the use and benefit of all the
Indians residing thereon, and not as the special property of any particular chief or
chiefs.
As to the land sold by Government to Mr. Munroe in 1859, viz:—Sections 15
and 16, Range 7, Quamichan District, there can be no question but that these
sections were never included in Mr. Pearse's survey, as part of the Indian Reserve,
and the Indians must therefore be clearly informed by you that Government will
not allow them to trespass on or prefer any claim to these sections, or to any other
lands in the Cowichan Valley not included within the boundaries of their reserve as
defined on the maps herewith transmitted to you.
I am further to inform you that His Excellency has been pleased to promise
aid to the Indians in fencing in these reserves, to be supplied to them through you,
in tools, nails, and other materials, in such amounts as you may deem proportionate
to their requirements as the work of fencing progresses, to the extent in all of the
value of $200 during this summer, for which expenditure you will consider this
your sufficient authority.
I have also to request that you will notify Mr. Rogers that the record iu his
name of Section 14, Range 7, has been cancelled, and that you will ascertain and
report to me what amount (in money value) of labour, if any, has been expended by
Mr. Rogers on the land pre-empted by him since the date of the pre-emption record
of the same in his name, as Government are ready to refund to him any such outlay
as he may prove to have been made by him; whilst it is of course open to him to
take up another pre-emption claim on any Crown Land not otherwise appropriated.
I have, &c,
(Signed)       Joseph W. Trutch.
Mr. Mohun to the Chief Commissioner of Lands and Works.
Victoria, 21st May, 1869.
Sir,—I have the honour to inform you that I have completed the survey of the
Cowichan Indian Reserves.
With respect to the difficulty with the Indians while surveying Section 12,
Range VIII., Quamichan District, the appearance of Mr. Pemberton was quite 222 Papers relating to Indian Land Question. 1875
sufficient to put an end to the opposition the Chief Te-cha-malt had offered at first.
I have accompanied Mr. Morley over the boundaries, and though we had great
difficulty in inducing the Indians to go with, us, they all say that fhey perfectly
comprehend the limits of their reserves. In fact, notwithstanding the assertions
of the Roman Catholic Priest during his interview with His Excellency the Governor
to the contrary, I am persuaded that these boundaries have been well known to most
of the Indians since Mr. Pearse's survey two years ago.
Mr. Botterell wishes to obtain a few acres intervening between his west boundary line (Section 13, Range III., Cowichan District), in exchange for a rocky point
north of the river, at the north-east corner of his section, now occupied by Indian
houses, in order that his cattle may be able to obtain fresh water, as the river is so
brackish at its mouth that they will not make use of it.
Messrs. Marriner showed me the piece of laud granted them by Governor
Douglas, but I estimate it at four and a half acres instead of two. The Comiaken
Chief, Low-ha, however expressed himself satisfied that they should retain it, as he
said the Indians did not require it. I may add that these gentlemen have, at their
own expense, erected a bridge across the Cowichan River at Range line II. and III;
and should you feel justified in confirming them in the possession of the land they
now hold, I do not think there is any fear of its leading to complications with the
Indians, and they are certainly deserving of encouragement.
With respect to Mr. Brennan's 20 acres, I was unable to find the posts. But
as it was surveyed by Mr. Patterson and allowed as a Government survey, I wrote
to him requesting he would show Mr. Morley and the Indians the boundaries.
With regard to Sections 15 and 16, Range VII., Quamichan District, the
Indians have fenced it to a very considerable extent; and in consequence of Mr.
Pemberton having promised them Government assistance in removing the rails
from Section 12, Range VIII., they afterwards came to me and asked if the Government would also haul the rails from those sections. I told them the Government
would not, as they had fenced it in spite of repeated warnings from Mr. Lomas and
others, well knowing they were trespassing, and only depending on the inaction of
the owner, Mr. Munroe.
I have, &c,
(Signed)       Edward Mohun.
The Chief Commissioner of Lands and Works to Mr. Morley.
Lands and Works Office,
Victoria, 15th July, 1869.
Sir,—I have the honour to transmit to you herewith six tracings of the map of
the lands reserved for the use of the Indians in the Cowichan and Quamichan Districts, as recently surveyed and pointed out on the ground by yourself and Mr. Mohun
to the Chiefs and principal men of the tribes interested therein, and I have to request
that you will hand one of these tracings to each of the chiefs, viz.. to the Chiefs^ of
the Quamichan, Somenos, Comiaken, Kokesailah, and Clanclemal'uts tribes, retaining the other for your own information and reference. I have further to request
that you will, on handing these tracings to the chiefs, take this opportunity to inform
them again that the boundaries of the land to be reserved for the use of themselves
and the other members of their tribes, have now been finally settled and that
no trespass will, in future, be permitted, either of Indians on lands outside of their
reserves, or of white men on the land held by the Government in reserve for the use
of the Indians in Cowichan Valley, and that any such trespass will be punished as
the law directs.
I have, &c,
(Signed) Joseph W. Trutch. 39 Vic. Papers relating to Indian Land Question. 223
The Rev. Mr. Tomlinson to the Chief Commissioner of Lands and Works.
Received, 14th June, 1869.
Sir,—A mission has been opened for the benefit of the tribes resident on Naas
River, and a mission settlement has been formed and mission buildings erected at
Kincolith, which lies at the mouth of Naas River on the northern bank.
As the Missionary in charge of this station I beg to apply for a grant of a piece
of ground for building purposes, to be held in trust by the Government for the Church
Missionary Society. This piece of ground, on which some mission buildings have
already been erected, is triangular. The apex of the triangle is formed by the
junction of Kincolith and Naas Rivers. The base by a line drawn from the mission
premises on the Naas River so as to form an isosceles triangle. The area of this
triangle at low water is about four acres, at high water about three acres.
I also beg to apply for a reserve to be appropriated for the benefit of those
Indians who have already, or may hereafter, settle at this Mission Station.
I make this petition on behalf of the Church Missionary Society, because a
grant similar to the one prayed for has been accorded to the Mission of the Church
Missionary Society situated at Metlakahtlah.
I have, &c,
(Signed)       Robert Tomlinson.
Missionary, Church Missionary Society.
The Chief Commissioner of Lands and Works to the Rev. Mr.  lomlinson.
26th October, 1869.
Sir,—Your letter handed to me at Kincolith on the 14th June, last, was duly
submitted for the consideration of His Excellency the Governor, who has been
pleased to authorize me to secure to the Church Missionary Society a right to the
use of the piece of ground at Kincolith (about three acres in extent as described in
your said letter) for the purpose of a Mission Station. It is not deemed advisable
to make any further free grants of land in this Colony for religious bodies, but a
lease of the land you apply for will be made to whomsoever may be properly
appointed as agent in this Colony for the Church Missionary Society, for a period
of seven years, or such further period as the Governor may find himself empowered
to grant, at the nominal rent of ten dollars per annum, in trust for the Mission
purposes of the society.
The reservation you recommend of land around Kincolith for the use of the
Indians resident thereon, has been established by notice in the Government Gazette,
a copy of which I enclose for your information.
I regret that, having left Victoria with the Governor for the interior of the
Colony a few days after the above decision on this matter was communicated to me,
I have been unable to write you an earlier reply to your application.
I have now to request you to furnish me with as exact a plan as practicable of
the ground you wish conveyed to your society to be appended to the lease, and to
inform me to whom, as agent for the society, such lease should be made.
I have, etc.,
(Signed)       Joseph W. Trutch. 224 Papers relating to Indian Land Question. 1875
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
26th July, 1869.
Sir,—I am directed by the Officer Administering the Government to acquaint
you that he has been advised in Council to hand over to the charge of your
Department, the management of the Songish Indian Reserve.
This reserve has hitherto been under the management of three Commissioners,
who have, however, been formally relieved of any further duties in connection with
it, and Mr. Pemberton, the only acting Commissioner of the body, has been
directed to hand c srer to you, on application, all documents, books, and vouchers
connected with the matter, together with the balance of money in favor of the
reserve fund.
This fund can only be expended on the direct authority of the Government, by
whom all checks will have to be countersigned.
Mr. Loewenberg has been for a long time engaged as agent for the reserve,
and as he has an extensive knowledge of all previous transactions, it is suggested
that you should retain his services, paying him a commission of five per cent, on
the transaction.
His Honor requests that on the transfer being completed, you will report
accordingly, as well as the steps that you propose to take for the future management of the reserve, the settlement of leases, and the collection of outstanding
debts for rent.
His Honor also requests you will furnish a half-yearly report on the condition
of the fund, and the general circumstances of the revenue.
I have, &c,
(Signed)       C. Good.
The Chief Commissoiner of Lands and Works to the Colonial Secretary.
30th December, 1869.
Sir,—I have the honour to submit, for the consideration of His Excellency the
Governor, the enclosed memorandum, with accompanying documents, showing, as
far as I have been able to ascertain after careful enquiry, the past history of the
Songish Reserve, especially in reference to the leases of portions thereof which were
granted by Commissioners appointed by Governor Douglas for that purpose, and
of the present position of affairs in relation thereto, as to which I beg to offer the
following remarks :—
2. It is certain that the tract of land known as the Songish Indian Reserve, was
formally set apart by the competent authority of the Hudson's BayjCompany's Agent,
acting on behalf of the Crown, for the perpetual use and benefit of the Indians of
that tribe; and that this land is now held in trust by the Crown, acting under a
solemn obligation, as guardian of the rights of the Indians in this respect.
3. But it is competent and proper for the Governor of the Colony, as agent
of the Crown, to make such disposition of the land in the exercise of this trust as to
secure to the Indians the utmost practical benefit therefrom.
4. Governor Douglas' intention to obtain this result by leasing out portions of
this reserve and devoting the rent to the improvement of the moral and social condition of the Indians entitled to participate therein was therefore unexceptional; but
his measures in carrying this plan into execution are open to objection, inasmuch
as it was not competent for him to delegate to others, as was purported to be conveyed in the commission to Messrs. J. D. Pemberton, E. G. Alston, and A. F.
Pemberton, the powers of dealing with this land which had been delegated to him
as representative of the Crown. 89 Vic. Papers relating to Indian Land Question. 225
5. The exception in this respect taken against the validity of this commission
by Governor Kennedy was well grounded, but it is to be regretted that he did not,
as soon as this flaw was brought to his notice, take steps to mend it by confirming by some direct means the then, past acts of the Commissioners, and this
effected, transfer the charge of the reserve to the Crown Officer whose special duty
it is to manage, under the Governor's direction, this and all other Crown lands in
the Colony, whether held in trust as Indian Reserves or otherwise.
6. But the commission appears to have been virtually abolished without any
means being adopted either to confirm or rescind its acts, or to effect a settlement of
the claims arising therefrom, or to substitute for it any other authorized agency for
the management of the reserve.
7. The various lessees who were placed by special authorized agents of the
Government in possession of portions of this reserve under lease-right, on account of
which they have paid considerable sums of money as rent, still hold the lands as
leased to them. On the other hand the acts of the Government Agents in granting
these leases having been repudiated by a subsequent Government, the lessees might,
still holding possession as just stated of the lands leased to them, have refused for
years past to pay rent, and some of them have made and still urge claims against
Government for damages on account of non-fulfilment of the agreement made with
them by these agents of the Government.
8. The whole matter here in fact remained in abeyance since 1865, and now
presents a singular complication which presses for solution.
9. To this end, therefore, I beg to suggest that all leases executed by the
Commissioners appointed by Sir James Douglas, and all agreements for leases of
which written evidence can be produced, as well as all receipts given by the Commissioners or their agents for rents paid on account of such leases, be confirmed by
such means as may be deemed sufficient and advisable. That after this has been
effected, an agent of the Lands and Works Department make proper applications to
each lessee, as far as practicable, for payment to Government of all arrears of rent.
In all cases when the lessee shall have paid up such arrears of rent his leasehold shall
remain good, with an understanding that the rates of rent will "be reduced to such
extent as the Government may deem right on each special case; that if payment
of such arrears of rent be not made within thirty days from the date of the service
of such applications, notice from this Department shall be served on the lessee, or
his acknowledged agent, offering to cancel such lease if possession of the leased
premises be legally given up within thirty days from the date of such notice ; that
failing the payment of arrears of rent, or the relinquishment of the premises, an
action of ejectment be brought on each such case to recover possession.
10. As it is absolutely necessary that the true legal position of these leases in
respect of this reserve should be defined, and all claims against Government on
account thereof determined, before any steps can be taken for the further disposal
of any portion of the reserve or for the [application of the funds now on hand, I
refrain from making any suggestions on these latter points at present.
Memorandum as to the Songish Indian Reserve at Victoria.
When the first settlement was made at Victoria by the Hudson's Bay Company,
the Songish Indians, composed of many families or septs, possessed by occupation
the whole south-eastern portion of Vancouver Island, including Saanich Peninsula,
their principal village being at Cadboro Bay; but shortly after Fort Victoria had
been established these Indians were induced to remove their chief residence to the
pour! of land in Victoria Harbour, opposite the Fort; and in 1850 the possessory
rights of the various families of this tribe in the lands before claimed by them,
were purchased by Sir James (then Mr.) Douglas, Governor of the Hudson's. Bay
Company, at that time lessees of Vancouver Island from the Crown, with full
executive powers by written agreement (the original of which is in this office)
16 226 Papers relating to Indian Land Question. 1875
which sets forth as one of the conditions of the purchase that—"our village sites
-' and enclosed fields are to be kept for our own use, for the use of our children, and
-' for those who may follow after us. And these lands shall be properly surveyed
"hereafter." Under this condition the tract of land which the Indians had taken
up their residence upon opposite Fort Victoria (about 90 acres in extent), as stated in
an official return made in 1859 to the House of Assembly, was set apart by the Company's Agent in the Colony for their use and benefit, and has since formally been
laid out and established as an Indian Reserve, and so held by the Crown in trust,
being styled and known as the Songish Reserve.
In February, 1859, the residence of the Indians on this reserve having become
obnoxious to the inhabitants of Victoria, by that time grown into a town of considerable importance, and the land included in the reserve having greatly increased
in value, and being much desired for building sites, and especially as affording
extended frontage on the harbour, the Legislative Council of Vancouver Island
presented an Address to Sir James Douglas, then commissioned by the Imperial
Government as Governor of the Colony, enquiring whether the Government had
power to remove the Indians from this reserve, and suggesting that if this could
be done, the land so held under reservation should be sold and the proceeds devoted to the improvement of the town and harbour of Victoria. To this address
Governor Douglas replied that—as this reserve and others had been set apart by
solemn engagement entered into by himself, as agent of the Hudson's Bay Company, on behalf of the Crown, specially for the use and benefit of the Indians
respectively interested therein, it would be unjust and impolitic to remove the
Indians from them summarily ; but that he intended to lease portions of the
Songish Reserve, and to apply whatever revenue might be obtained from this
source to the benefit of the Indians of the Songish Tribe, and particularly to the
improvement of their social and moral condition. A copy of this address and
reply (marked enclosure A) are forwarded herewith. [This enclosure cannot now
be found.]
In accordance with the intention so expressed, a portion of this reserve was
leased to Mr. Dougal, who afterwards erected thereon a foundry and machine
shop. This lease was executed, on behalf of the Government, by Mr. Donald
Fraser, who seems to have been entrusted by Governor Douglas with the management of this reserve, but without any formal commission, as that no written authority
to Mr. Fraser to act in that capacity appears to have been ever issued; Governor
Douglas having communicated to the Songish Indiaus his plans for the disposal,
under lease, of portions of their reserve, and obtained their consent thereto on the
assurance that the funds derived therefrom should be devoted to their benefit.
In August, 1862, however, in order to carry out more fully his views in this
matter, he appointed by warrant under the seal of the Colony, Messrs. J. D. Pemberton, at that time Surveyor-General of Vancouver Island, E. G. Alston, Registrar-
General, and A. F. Pemberton, Stipendiary Magistrate, Commissioners of this
reserve, with general powers of management and leasing under their commission,
a copy of which (enclosure B.) is appended hereto. Acting under these powers the
Commissioners employed as their agent Mr. John J. Cochrane, a Surveyor and
Land Agent, and by him, under their direction, the reserve was laid out into lots
and streets according to a plan approved by Governor Douglas, a copy of which
(enclosure C.) is also hereto annexed.
On the completion of this survey the Commissioners made known, by advertisement in the public journals, that they were authorized and ready to lease the
lots so laid out on terms to be agreed upon; and accordingly many of these lots
were applied for and leases thereof executed—which leases were signed, on behalf
of the Government, by the Commissioners, or some two of them, under the express
authority of their Commission ; and the rents of these leased lots were regularly
paid, without any expression of dissatisfaction from the tenants, until the arrival
of Governor Kennedy in the Colony. 89 Vic. Papers relating to Indian Land Question, 227
But soon after he assumed the administration of the Government in the early
part of 1864, doubts as to the validity of the Commission under which these
leases had been executed having been suggested to Governor Kennedy, the Commissioners by his instructions were called upon for a report of their proceedings,
which report was accordingly made by them on the 24th May, 1864, and in reply
to which a letter was, as I am informed, addressed to the Commissioners by the
Colonial Secretary by the Governor's direction, in which they were enjoined not to
lease any further portions of the reserve; but the Commissioners appear to have
mislaid the original, and no copy can be traced in the Colonial Office.
In consequence, and shortly after the receipt of this communication, Mr. J. D.
Pemberton and Mr. E. G. Alston resigned their commissions, and the opinion
expressed by the Governor that the leases already executed were not binding
on the Crown having been made known, the greater part of the lessees ceased to
pay rents for the lots they held, and some of them, especially Dr. Ash and Mr.
Wylly, demanded that the rents already paid by them should be refunded, and that
they should be compensated for the failure of Government to carry out the engagements contracted with them by its authorized agents. These reclamations were
based mainly on alleged assurances stated to have been made to the lessees by
Mr. Cochrane, the Government Agent, to the effect that the Indians should be
entirely removed from the reserve; that the whole of the reserve should be leased;
and that the rents should be expended in improving the property. Dr. Ash still
presses his claim on the Government in this respect, although both Governor Kennedy
and Governor Seymour have practically declined to entertain it, as will be seen
from the correspondence on this subject in the Colonial Office.
Mr. A. F. Pemberton did not, like Mr. Alston or Mr. J. D. Pemberton,
resign his connection with this, but continued to act to some extent as manager of
the affairs of this reserve, although not exercising the powers conveyed in the commission issued by Sir James Douglas; and in 1865, Mr. Young, then Colonial
Secretary, seems to have been appointed, or, at all events, acted as Commissioner
of this reserve, but only for the purpose, as far as I can learn, of dealing with the
funds of the reserve then deposited in the Bank, and which it appears could not
be withdrawn except by the joint cheque of two Commissioners of the reserve.
The management of this reserve, and of the matters connected with the leases
executed prior to Governor Kennedy's arrival in the Colony, and of those other
leases which it seems had been promised by the Commissioners, appears to have
become involved after the powers of the Commissioners were withdrawn, and it is
not at all clear from the correspondence on record in the Colonial Office, what the
policy of the Government was in respect thereof; in fact the matter seems to have
been allowed to remain in abeyance.
The validity of the leases executed by the Commissioners appointed by Sir
James Douglas has been called in question, and especially as these leaseholds had
already greatly diminished in value since the leases were taken out, the lessees
discontinued paying the rents agreed upon, and as the agent could not obtain any
authority to support him in enforcing payment of the rents so in arrear, no steps
to that end were taken, and such rents have consequently remained until the
present time unpaid. And further, in some cases in which the lessees were not
unwilling to keep the rents paid up according to the terms of their agreements,
the agent was not in a position to give a proper receipt for such rents, and therefore did not collect them. Indeed the condition of the affairs of this reserve has been
most unsatisfactory for the last five years, as is testified by all who have been
concerned therein; and during that period, more particularly stated in the report
(forwarded herewith as enclosure E.) from Mr. Loewenberg, dated July 5th, of the
present year, whose services as agent were engaged on Mr. Cochrane's death in
the end of the year 1866, which sets forth very clearly the present business position
of the reserve, and in which are enclosed a statement of the Songish Indian Reserve
Fund Account, showing all the receipts and disbursements from the appointment 228 Papers relating to Indian Land Question. 1875
of the Commissioners in 1862, up to the date of his report, and a return showing
what lots in this reserve have been leased and to whom, and from what dates
respectively the rents for the same remain unpaid, with remarks on each special
case.    [The above enclosure cannot now be found.]
It only remains to be stated—by letter from the Colonial Secretary, dated July
26th, 1869, the charge of this reserve was made over to the Lands and Works
Department, and that shortly after that date Mr. Pemberton handed over to this
Department all the books and papers in his possession connected with this reserve,
and the balance of the fund on hand, viz., $1,984 82, which sum was paid into the
Treasury on the 3rd September, 1869.
(Signed)       Joseph W. Trutch.
30th December, 1869.
Enclosure B.
[L. S.] JAMES DOUGLAS.
By His Excellency James Douglas, Companion of the most Honourable Order
of the Bath, Governor and Commander-in-Chief of the Colony of Vancouver Island and its Dependencies, Vice-Admiral of the same, &c. &c, &c.
lo all to whom these presents shall come or whom the same may concern.—Greeting.
Know ye that reposing especial confidence in the loyalty, ability, and integrity
of Edward Graham Alston, Augustus Frederick Pemberton, and Joseph Despard
Pemberton, Esquires, I have nominated and appointed, and by these presents do
nominate and appoint them the said Edward Graham Alston, Augustus Frederick
Pemberton, and Joseph Despard Pemberton, to be Commissioners for the management of the Indian Reserve at Victoria, in the said Colony ; willing and requiring
them the said Edward Graham Alston, Augustus Frederick Pemberton, and Joseph
Despard Pemberton, to execute and do- all such such things pertaining to that office
as shall be by proper authority directed and required, especially to grant leases of
the said reserve, and recover and receive such rents therefor as to them shall seem
expedient; the same to be duly accounted for and paid to the use of Her Majesty,
Her heirs and successors, and applied to and for the benefit of the Indians, or for
such other purposes as shall be by the authority aforesaid directed in that behalf;
and for so doing this shall be their sufficient Warrant.
Given under my hand and seal at Victoria, in the said Colony,
this Thirteenth day of August, in the "year of our Lord
One thousand eight hunched and sixty-two, in the twenty-
sixth year of Her Majesty's Reign.
By Command.
(Signed)       William A. G. Young.
The Chief Commissioner of Lands and Works to Officer Administering the Government.
Lands and Works Office,
Victoria, June 22nd, 1869.
Sir,—In obedience to your request conveyed to me by letter of the 17th inst.,
from the Private Secretary, I have the honor to lay before you the enclosed Report
of the proceedings during the recent visit of His Excellency, the late Governor, to
the North-west coast in H.M.S. " Sparrowhawk," and I take this opportunity of
submitting the following remarks on that subject.
It is a matter of congratulation that the settlement of the murderous quarrel
carried on during the past twelve months between the Naas and Chimpsean tribes, 39 Vic. Papers relating to Indian Land Question. 229
which was the main object of our lamented Governor's visit to this part of the Colony, has been so fully and satisfactorily accomplished. From information obtained
from Mr. Duncan, Mr. Tomlinson, and Mr. Cunningham of Fort Simpson, as well as
from Indians of the contending tribes, I am satisfied that the killing of the Naas
Indian in which this bloody dispute originated was purely accidental.
A Naas Indian, formerly a resident of Metlakahtlah, gave a feast (on the occasion of his marriage to a Chief's daughter) to members of both the Naas and
Chimpsean tribes, who up to that time had been living on most friendly terms.
For this feast a supply of rum was purchased from the schooner " Nanaimo Packet,"
and during the drunken orgies which ensued, a Chimpsean Chief, by the accidental
discharge of his pistol, killed one of the Naas people. We were fortunate enough
to detect the schooner after a twelve-months' immunity, in the act of again dispensing liquor to Indians, amongst whom the quarrel between these tribes originated,
and almost at the very place where it arose. Her seizure and condemnation (after
due enquiry) had a very salutary and timely effect in showing to the tribes of that
neighbourhood that Government are able and determined to punish offenders against
the law, whether white people or Indians. In the fight which followed the accidental killing of the Naas Indian, two Chimpsean Chiefs were killed, and in accordance with the savage requirement of Indian Law, the loss of these Chiefs had to be
compensated by the slaughter of an equivalent in number and rank of the opposite
tribe. Thus murder followed murder in continual succession, with no prospect of
complete satisfaction on either side. There was no real ground for the hostility of
these tribes towards each other; they were, on the contrary, anxious to be at peace
so as to avail themselves of the Spring fishery in the Naas River, which affords the
main source of subsistence to all the Indians of this neighbourhood.
Without the interposition of some powerful peace-maker, however, reconciliation was impracticable, and this quarrel might have lasted for years with ever in-
creasing waste of blood, but for the intervention which ensured its complete cessation.
The murder of the three " Kincolith " Indians did not originate in or indicate
ill-feeling towards that Mission.
Mr. Tomlinson and his work are held in respect by both contending parties, as
well as by the Indians generally along that part of the coast, and there is no reason
to suppose that his life was at any time in danger. But the minds of Indians cannot readily admit that members of a tribe with which they are at war can be denationalized and placed out of reach of their savage laws of revenge, by the mere
act of residing at the time at a Mission Station, especially a Station situated as
(i Kileolith " is, in a most remote part of the Colony and in the midst of a notoriously ferocious race of Indians.
And here it may be observed that however admirable the spirit and intention
of such Mission Stations, and however valuable their humanizing influences in
many cases on the surrounding savage tribes, tending directly to the discontinuance of barbarous customs such as have given rise to the outrages and disturbances now under reference, it is questionable- how far the establishment of such
posts should be encouraged in situations so remote from the centre of Government
as Kincolith, while a field for missionary labour extending for four hundred miles
southward along the coast from Metlakahtlah remains entirely unoccupied.
( It would appear morejndicious and advisable that Missionary enterprise should
radiate gradually from the centre of civilization instead of isolating itself at once
in points like Kincolith on the utmost verge of the Colony. So long, however,
as that Station is continued it must, most assuredly, be held under the protection
of Government, but it is evident that the very remoteness alone of such posts render efficient protection a matter of much practical difficulty, and in many cases
entails on the Colonial Government considerable embarrassment and pecuniary
outlay. r J
The mode by which these warring tribes were brought to relinquish their feud, 230 Papers relating to Indian Land Question. 1875
and bound over to live in future according to English Law, appears in happy contrast to the manner in which,by bombardment and burning of Indian villages,
canoes, &c, the authority of Government has on some former occasions been enforced,
with, perhaps, unnecessary infliction of loss of life and impoverishment, and even,
in some cases, destruction of entire tribes.
It may confidently be expected that a more salutary and lasting effect will result from the persuasive but firm course adopted towards the Naas and Chimpseans
which was so satisfactorily consummated on board H.M.S. " Sparrowhawk" on the
2nd June, than could have been produced by a more forcible mode of proceeding,
and it is a very gratifying reflection in which all who have served under Governor
Seymour will, I am sure, fully sympathize that this, his last official act, was in
every way so creditable to his administrative ability, and so entirely in consonance
with that kindliness of heart which was his peculiar characteristic, and which will
long cause his memory to be cherished among us.
It must be borne steadily in mind, however, that as these tribes were specially
placed by the direct act of the Head of the Executive under the operation of
English Law, that law must in future be enforced among them at whatever cost.
Whilst at Metlakahtlah and Fort Simpson enquiry was made into the merits of
the conviction and fine of Mr. Cunningham, the Hudson's Bay Co.'s Trader at
Fort Simpson, by Mr. Duncan, acting as Justice of the Peace, on a charge of selling liquor to Indians at the Company's post at Fort Simpson, which conviction had
been sustained on appeal before Chief Justice Begbie, but subsequently submitted
by Dr. Tolmie, acting for the Hudson's Bay Co., for the Governor's consideration.
Upon investigation of the case on the spot, it did not appear that there were any
grounds for the Governor's interference with the Magistrate's decision and award.
The Mission Station at Metlakahtlah has been so fully described by others and
the benefits conferred directly on the Indians of the neighbouring tribes, and indirectly on the Colony, by Mr. Duncan's labours on the Northwest coast are now
so generally acknowledged that I need only add an expression of my appreciation
of the great importance of the results that have been accomplished by that gentleman's Christian zeal, courage and singular persistence of purpose, combined with
remarkable ability and adaptability for this particular work.
The only fear is that should the Mission be deprived of his services, very much
of the good work effected by him among the Indians will be undone for lack of his
sustaining presence in their midst.
The investigation held at Bella Coola into the complaints of the white settlers
at that place as to the behaviour towards them of the Indians amongst whom they
reside, leads to the consideration of how far Government are responsible for the
protection of settlements isolated as this is at so great a distance from the settled
portions of the Colony, and lying so far off any travelled line of communication.
It is impossible to exercise any supervision or control over either Indians or
white people at such remote posts;—quarrels arise, the real origin of which it is
often impossible to ascertain, and Government are called on to punish the Indians
without its being proved that they are actually more blameable than those who
accuse them.
As a general deduction from the beneficial results of the late cruise of the
"Sparrowhawk" it is apparent how desirable it is that a ship of war should periodically visit the various settlements, missions, stations, and Indian villages along
the coast. By this means only can any measure of protection be given to the scattered settlers and Missionaries, and the wild tribes amongst whom they are located,
be kept in any control; and by such blows as that inflicted in the confiscation of
the " Nanaimo Packet" the sale of liquor to Indians, the cause of nearly all Indian
outrages towards white people, as well as among themselves, will be rendered so
hazardous a business, that the trade must soon be extinguished in that part of the
Colony. Some duly authorized Official Agent of the Colonial Government should
be sent in all cases on board of ships engaged in such missions, to share, if not to bear, 89 Vic. Papers relating to Indian Land Question, 231
wholly the responsibility of any extraordinary proceedings that events may necessitate. For officers in command of Her Majesty's Ships, although holding Commissions as Justices of the Peace, may reasonably be supposed to be disinclined to
take decisive action in police matters, which can hardly be considered within their
proper jurisdiction, and whichmay involve questions of material importance and great
pecuniary interest to the Colony.
I have, &c,
(Signed)      Joseph W. Trutch.
Rev. Mr. Browning to the Officer Administering the Government.
New Westminster, July 6th, 1869.
Sir.—I beg most respectfully to place before you the following facts :—
1st,—Some months since the Indian lands on the Chilliwhack and Sumass were
surveyed and "papers" given to each local Chief by Captain Ball, showing the
extent of land to which the several tribes were entitled.
2nd.—Among the Chiefs to whom such "papers" were given are three, who are
(if anything) protestants, and who were constantly being threatened by the Catholic
Priest to be deprived of their " papers," and the same to be handed over to his own
nominees.
3rd.—On the Queen's birthday, or thereabouts, these Indians were induced by
the Priest to appear before Captain Ball, who ordered them to deliver up their
"papers" to the Priest, or whoever he designated, and furthermore Captain Ball
inserted the names of the Priest's nominees in the duly authorized map of the
District as the real Chiefs, thus at once defacing the map and placing the first
named Chiefs in the position of being, in the eyes of the Government, no Chiefs
at all.
4th.—The aggrieved Chiefs came to seek my advice and assistance. I went
with them to Captain Ball who himself took possession of the "papers," and promised to go up at an early day and investigate matters on the spot.
5th.—Whilst at Chilliwhack, a few weeks since, the Constable (Mr. Greer)
informed the Indians in my presence, that Captain Ball had sent him, wishing them
to come down to take possession of their "papers " again. They came down repeatedly, but the detention of Captain Ball in Victoria delayed their seeing him.
6th.—-At the request of these men I called on Captain Ball after his arrival, to
inform him of their answer to his summons, and to send for them whenever he
could make it convenient to see them. Imagine my astonishment when I was told
that he had sent after all of the four so-called Chiefs, intending to give them all
" papers," that " I had no right to interfere," was asked " How often do you intend
to interfere ?" was taunted with a desire to " make Chiefs," and finally dismissed
with the remark that I might appeal to yourself as soon as I liked.
7th.—The results are—I speak advisedly—the white settlers in the neighbourhood are thoroughly disgusted with the whole proceeding ; the Indians are at loggerheads, and may at any moment come to blows. The Chiefs were here on Friday, but seeing how matters stood, declined calling on the Magistrate at all, and the
matter as it now stands needs a wiser and a cooler head than Captain Ball's to
settle it. I have, &c,
(Signed) A. Browning. 232 Papers relating to Indian Land Question. 1875
Mr. Ball to the  Colonial Secretary.
New Westminster, July 14th, 1869.
Sir,—I am not aware of the nature of Mr. Browning's complaint with reference to the Indian Reserve at Chilliwhack, but he protested against my giving the
map of the Reserve to the Chief who was pointed out to me as the hereditary
Chief by the Roman Catholic Priest, because the name of the Indian (who is I
believe only the second in authority and who represented himself to me as the
Chief) was written on the map.
There is some religious jealousy on the subject between the Roman Catholic
Priest and Mr. Browning, the Methodist Parson, as each advocates the rights of
his own followers. To solve this difficulty, I have had two maps made of each
Reserve, and intend to issue one to each as soon as I can get the four Chiefs together.
I may state that Mr. Browning's interference in the matter has been most
objectionable and insulting.
I have, &c,
(Signed)       H. M. Ball.
The Rev. A. Browning to the Chief Commissioner of Lands and Works.
New Westminster, 9th August, 1869.
Sir,—You will remember, in connection with the survey of Indian Reserves on
the Chilliwhack, delivering to each local chief a case containing a paper showing the
lauds reserved for his tribe.
2. At the instigation of the Catholic priest, Captain Ball has taken from two of
these chiefs (who happen to be Protestant) the papers given to them by you, and on
which their names are inscribed.
3. I have written to the Honorable Administrator of the Government explaining
the whole matter, and asking in the name of the two aggrieved chiefs for redress,
but no answer has been given me.
4. As the taking of these papers is but part of a system to coerce the Indians
into Catholicism, (and the act itself was preceded by threats and followed by boastings of priestly influence with the authorities governing the Colony), I most respectfully request your official interference.
I have, &c,
(Signed) A. Browning.
The Chief Commissioner of Lands and Works to the Rev. A. Browning.
16th August, 1869.
Sir,—Your letter of the 9th inst., was received by me this morning, and I
have conferred on the subject matter thereof with the Acting Colonial Secretary,
who has informed me that your communication to the Officer Administering Government had been referred to Mr. Ball, who is now at Kootenay, for his remarks,
immediately after the receipt of which the matter will be again taken under consideration, and His Honour's decision thereon communicated to you.
The Acting Colonial Secretary did not think it necessary to write to you on
this subject as he made you acquainted, at an interview which he had with you at
his office here, with the course which had been taken in this matter, and explained
to you the reason of a definite reply to your letter to the Officer Administering
Government being deferred.
I have, &c,
(Signed) Joseph W. Trutch. 39 Vic. Papers relating to Indian Land Question. 233
The Rev. A. Browning to the Chief Commissioner of Lands and Works.
New Westminster, 18th August, 1869.
Sir,—In answer to yours of the 16th inst, I beg to be allowed to say that tuJ
reason assigned by Mr. Good for not acknowledging the communication which I did
myself the honor to forward to the Officer Administering the Government, was a
press of more important business. He also showed me a letter from Captain Ball
in answer to my letter to the Executive, in which he said that he had prepared two
other sketches for the case in hand, and should give four papers, one to the original
holder at Kutzalla, and one to the original holder at Cultus Lake, and one each to
the two men nominated by the Catholic priest. Conceiving this official letter to be
a declaration of Captain Ball's action in the matter, I thought it best to appeal unto
the head of a Department, from whom, I imagine, should issue all titles to land,
whether held by whites or Indians.
It is the first time I have troubled the Government with my complaints, and I
beg to apologize for bringing before them privately what others advised me to do
more publicly.
It may seem nothing to hon. gentlemen in office that a Catholic priest after
many threats succeeds in depriving an Indian Chief of a title to land and acknowledgement of his chieftainship bestowed on him by the Chief Commissioner of
Lands and Works, and that simply because he is a Protestant, but there are those
at home who, perhaps, will not hesitate in redressing so evident a wrong.
I have, &c,
(Signed)        A. Browning.
The Private Secretary to Rev. A. Browning.
Victoria, 19th August, 1869.
Dear Sir,—I am directed by His Honor the Officer Administering the Government to express his regret that any misunderstanding should have arisen concerning
a reply being sent to your letter of July 6th. The Acting Colonial Secretary was
instructed to acknowledge the receipt of your letter, a copy of which has been forwarded to Captain Ball. Your complaint against that officer will receive due attention, and a reply will be forwarded you as soon as the matter can be investigated.
I have, &c,
(Signed)       D. C. Maunsell.
Chilliwhack, British Columbia,
November 30th, 1869.
To His Excellency Anthony Musgrave, Governor of British Columbia.
Sir,—We the undersigned settlers of this District, beg to assure your Excellency that the Indians Jim and Captain John, from whom Captain Ball (at the suggestions of the Catholic priest) took the papers given them by the Government,
they have always been known by us as the rightful Chiefs of their tribes on the
authority of the other Indians. They are also among the best conducted natives in
this settlement, and esteemed generally for their honest, energetic qualities. We
are apprehensive that unless justice be speedily done serious troubles will arise, involving, perhaps, the whites as well as the Indians, and therefore humbly pray Your
Excellency to cause the land titles to be restored at once to their righful owners.
We have, &c,
(Signed) V. Vedder, and 27 others. 234 Papers relating to Indian Land Question. 1875
Mr. Ball to the Colonial Secretary.
The two Indians mentioned are both very good Indians, but not the hereditary
Chiefs of their tribes, and not the Indians to whom the majority of their respective
tribes wish the maps to be given.
All this has been fully shewn in my explanatory letter to the Colonial Secretary with reference to Mr. Browning's letter.
The Indians of each tribe must certainly know who have been the chiefs of
their tribes much better than the settlers, who have only been there a few years,
and until there was a division of religious feeling amongst the Indians the question
of Chiefs was never raised.
I have, etc.,
(Signed) H. M. Ball, S.M.
December 15th, 1869.
The Rev. Mr. Browning to the Colonial Secretary.
New Westminster, B. C,
November 10th, 1869.
Dear Sir,—Will you kindly inform me whether my complaint against Capt.
Ball, J.P., has been investigated. In your letter of August 19th, I was led to hope
the matter would be speedily adjusted. Its delay is annoying to me and others personally, but worse than this it is having a most pernicious influence on the minds
of the Indians.
Hoping the case will receive your kind attention,
I am, «Scc,
(Signed) A. Browning.
[No reply to this letter appears to have been sent.]
Mr. Bushby to the Chief Commissioner of Lands and Works.
New Westminster,
30th July, 1869.
Sir,—I have the honour to report that " Snat " and a party of Squamish Indians
came to me yesterday to complain that certain white men were intruding upon land
on which they were settled, at Burrard Inlet, and on which they have built: they
further tell me that they applied at the Lands and Works Office at the Camp, some
time back, and that they were told that the Inlet would be visited, their case looked
into, and if necessary a "zum" or chart made of their land.
I enclose an extract from a letter I have received from Mr. Brew, of Burrard
Inlet, on the subject.
I must confess that I know nothing about the Indian Reserves of the District,
and I have not been long enough in charge to have time to make myself aware of
the facts; but should there be any truth in the complaint made by the Indians I
would respectfully suggest that the matter be sifted, with as little delay as possible.
The Squamish is a troublesome tribe and likely to give the scattered white
population of the Inlet a good deal of trouble. The murder of Crosby and the recent
murder of Perry will naturally create a very bad feeling between the whites and
Indians which any disputes about land will tend to heighten.
I have, etc.,
(Signed) A. T. Bushby.
Memo.—Deighton's claim is No. 674, and was recorded at N. W. the 22nd
May, 1869. (Initialed) A. T. B. 39 Vic. Papers relating to Indian Land Question. 235
Enclosure.
Extract from letter—Mr. Brew to Mr. Bushby, 29th July, 1869.
"Snat" says his people were told by some tyhee at the Camp, "they might settle
on the place where Deighton is building ; they have no other claim."
The place is a long way from any reserve on the Inlet. The Squamish have
built some houses and a church, but have no other claim, unless the priests have
pre-empted for them. The Squamish are squatting on every piece of good land
about, and disputing with white men who want to settle.
In the case before you " Snat" actually made a man named Cunningham pay
rent for living near.
The story of the tyhee at the Camp is told about every other half mile on the
Inlet.   The Squamish never ventured into Burrard Inlet until 1859 or 1860.
Ihe Chief Commissioner of Lands and Works to Mr. Bushby.
Lands and Works Department,
Victoria, 5th August, 1869.
Sir,—In reply to your letter of the 30th ultimo, respecting the complaints
made to you by the Squamish Indian " Snat" and a party of his tribe, of the intrusion of certain white men on the lands upon which these Indians are settled at
Burrard Inlet, and on which they have built houses, I have to inform you that the
statement made to you by these Indians as detailed in your letter under reply is
substantially correct. I enclose for your information a copy of a memorandum addressed by me to the Colonial Secretary for the Governor's consideration, on the
18th February, 1868, and of extracts from a private note to me from Captain Ball,
on the subject on which this memorandum was to a certain extent based.
My recommendation that Indian Reserves should be established permanently
at False Creek Bay and on the North shore of Burrard Inlet, opposite the V. I. &
B. C. saw mills, was not, however, acted upon. No answer was returned to my
memorandum, consequently I have never visited the Inlet since, and the reserves
have not been surveyed off, as the Indians were led to suppose would be done.
It appears unfortunate, under these circumstances, that Pre-emption No. 674,
which seems to intrude on one of these Indian settlements should have been recorded by Mr. Ball, and I should advise that you obtain information as to how far the
land claimed under this record was an existing Indian settlement before the date
of record, and as such excluded from the operation of the pre-emption right under
Clause 12 of the "Land Ordinance, 1865."
. I shall hope to hear from you again on this matter, after you have made further
enquiries as to how far the claim of Mr. Deighton intrudes on the Indian settlement in question.
I have, &c,
(Signed) J. W. Trutch.
Enclosures.
Indian Reserves at Burrard Inlet.
Two parties of Indians came to this office yesterday to make application, by
Mr. Ball's recommendation, for tracts of land to be reserved for their use around
their villages situated respectively on the South shore of False Creek Bay and on
the North shore of Burrard Inlet immediately opposite Stamp's Mill.
There are no white settlers on either of these tracts of land. That on False
Creek Bay is included within the limits of Captain Stamp's timber cutting license,
but I cannot see that its occupation by the Indians would interfere with his use 236 Papers relating to Indian Land Question. 1875
of the timber for logging purposes, or be in any way an infringement of the agreement of the Government with him.
The other piece of land has, I am told by Mr. Ball, been informally appropriated by Mr. Brew as an Indian Reserve. The Indians resident there now, desire
that this reserve should be confirmed, as they are about to build a church on it.
I, therefore, beg to recommend that, if on examination of the localities there
appear to be no reasons to the contrary, these reserves be established to the extent
of not more than ten acres to each family, and that the same be surveyed in the
spring and duly notified in the Gazette as Indian Reserves.
(Signed) Joseph W. Trutch.
To the Colonial Secretary. 18th February, 1868.
Extract from note of Mr. Ball to the Chief Commissioner of Lands and Works.
New Westminster, 15th February, 1866.
The bearers are Indians who have had a house on False Creek for several years,
and they wish a reserve made in their favour for themselves and families. There
are 14 men, 16 women, and 12 children, with potatoe patches for each family.
It appears on the map that the land in question is on a part of the land
reserved for Stamp, but a3 the Company have no interest in the land, a reserve
might be marked off for them provided they did not cut the timber required by
the Mill Company.
There is also another reserve required to be marked off on the North side of
Burrard Inlet. This land was reserved for them by Mr. Brew formerly, and they
wish to build a church there in the spring.
* * * >K * * *
I have, &c,
(Signed)       H. M. Ball.
Mr.  Bushby to  the Chief Commissioner of Lands and  Works.
New Westminster, 19th August, 1869.
Sir,—I have the honour to forward for your consideration a Petition from the
Indians settled at Burrard Inlet.
Mr. Deighton's claim is the immediate cause of their dissatisfaction, but they
also complain of the adjoining pre-emption formerly held by a Mr. Lewis, but
whose claim was cancelled by consent on the 20th March, 1869, in favour of Mr.
Bridges.
I have, &c,
(Signed)       A. T. Bushby.
Enclosure.
Ihe Memorial of the Indians of Snail's   Village, situated at Burrard Inlet, opposite
Stamp's Mill, humbly showeth :—
That before any white people settled at Burrard Inlet, and before Moody's
Mill was erected, your Memorialists had their camp at the same place they now
occupy. It is true, indeed, they have not resided on the land during the entire
year, that is to say the entire of them at the same time, as some were obliged to
go from time to time in search of provisions, but, as the Indians do in every village,
they always left some of their number to occupy the place. From the time the
whites first settled at Burrard Inlet until 1866, none of them came to interfere 89 Vic. Papers relating to Indian Land Question. 237
with the Indians. About that time a white man named Lewis took up a claim
near the Indian village, and your Memorialists immediately sent Shaft, their Chief,
to complain to Judge Brew, the Stipendiary Magistrate, then residing at New
Westminster, that a portion of their land had been taken by Lewis. Judge Brew
told Snatt to take away the post, and at same time to notify to Lewis that he had
ordered him to do so. Snatt took advantage of the occasion and made application
to Judge Brew to have our Reserve surveyed, but this, unfortunately, has not been
done up to the present.
Four Memorialists were always most anxious to have the Reserve surveyed,
fearing that in the event of a change of Magistrates, another white man might
succeed Lewis, and that the new Magistrate might authorize him to take a portion of their Reserve.
In January, 1868, we sent Snatt to beg of Captain Ball, who had replaced
Judge Brew as Stipendiary Magistrate, to have our Reserve surveyed; he promised
to have it done as soon as the weather would permit.
In the month of March subsequent, Snatt applied a second time to Captain
Ball, who gave him a letter to the Chief Commissioner of Lauds and Works. Mr.
Trutch told Snatt that it would be necessary for him to write to the Governor before marking out the Reserve. After the lapse of a fortnight Snatt waited a
second time on Mr. Trutch, who told him he had received no answer from the
Governor. A third time the same application was made and the same answer
given, and so our Reserve still remains unsurveyed.
Nevertheless we were persuaded and trusted that Her Majesty's Government
would guarantee to us the possession of at least the small piece of land we hold
and preserve for our children, since we have willingly and cheerfully given up the
rest of our land for the use of the white settlers.
About a month ago our hearts were filled with sadness on finding a white man
came to establish himself in the midst of our village beside our church, and told
us that land was his, that Her Majesty's Government had given it to him, and that
we had to permit him to build a house on it. We sent Snatt to make known to
Your Honor the cause of our sadness, and to entreat now, at least, to have our
Reserve surveyed and marked out. We have not brought, our case in vain before
you, for the white man who was about to take possession of our land was obliged
to desist from his undertaking. But as he is using all his efforts to diminish the
extent of our land, which we wish to have and possess, we have deemed it expedient to memorial Your Honor, and most respectfully represent:—
1st.—That the white man who took up the claim near our Reserve and wishes
to diminish the frontage of our Reserve adjoining the sea, and which extent of
frontage we have always held, has no right whatever to do so now more than in
1867, when by the decision of Judge Brew, orders were sent to have a post that
was planted by Lewis already mentioned, for the purpose of diminishing the frontage of our land bordering on the sea removed, and that the more so on account of
the frequent applications we have made to the Government to have our Reserve
surveyed.
2d.—That we are 50 married men and 16 young men, who have built our
church in the midst of our village, and we respectfully demand that there be left
for us 200 acres of land having 40 chains of frontage along the sea. Surely 200
acres for 50 families and 16 young men who may hereafter have families, is a very
small portion indeed, when compared to 160 acres which the Government allows to
each single white family.
3d.—The 40 chains frontage that we demand along the sea should be so
marked off that we may have 20 chains each side of our church. The 20 chains
at the East or Moody's mill side of our church is absolutely necessary for us to
have, for the 20 chains at the opposite or West side, is comparatively useless, or
at least very inconvenient to dwell on, on account of the enormous distance of the
tide from the land at low water ; consequently it is the 20 chains East (or Moody's 238 Papers relating to Indian Land Question. 1875
Mill side) that above all we wish to have to build our houses on, &c, &c, because it
is the only place we can approach at low water, and this is precisely the portion of
land or frontage which the whites, to our very great regret and sadness, wish to
have us deprived of.
4th.—An Indian named John built a house on the land that we have always
regarded as our Reserve, and which we have always defended against the encroachments of the whites ; and, notwithstanding, John has received orders, transmitted
to him by an Indian, to remove his house from where it is, and bring it within a
few chains of the church. This circumstance appears more strange considering
that during the time he was clearing the place and building his house no person
told him he was doing so outside our land.
As we hear some white men say that we have no right to the spot we claim
and where we have our village and church, because we have another Reserve surveyed at Reaplanon's place, we beg respectfully to represent that the Reserve in
question was surveyed for Reaplanon and his people, between whom and your
Memorialists there never has been friendly feelings. Moreover that Reserve was
intended by the Government for Reaplanon and his people only, as evidence of
which we have only to refer you to the various responses given by Judge Brew,
Captain Ball, and Mr. Trutch, who never even made a remark about the above
Reserve, but each of them promised to have our Reserve surveyed at Snatt's
village.
Having no other person better acquainted with us and our circumstances than
the Rev. Father Dureau, we have requested of him to present this Memorial to
Your Honor.
Firmly believing that Your Honor will see the necessity of immediate action
in the above matter, your Memorialists will ever pray, &c, &c.
(Signed)       Snatt, and 65 others.
New Westminster, 19th August, 1869.
[This reserve was laid out by the authority of the Governor on the spot.]
Mr. Bushby to the Chief Commissioner of Lands and Works.
New Westminster,
20th August, 1869.
Sir,—I have the honour to inform you that a small party of Indians came to me
yesterday in great alarm about some land on which they are settled near Langley.
As I could not understand them very well, I directed them to obtain from their
priest a written statement of their wants, which he has kindly supplied in the form
of a petition, which 1 have the honour to enclose.
The copy of Mr. Brew's note is correct; the Indians brought me the original.
I cannot trace Mr. Brady's claim in the office records.
The Whonock Reserve, I am informed, extended to Brady's claim, but at the
time of the actual survey was reduced to its present dimensions. I am also informed that the space the Indians apply for is uncultivated and unoccupied by any others
than themselves, and I am not able to trace any record of the land in the Pre-emption Records of this office. If such should be proved to be the case I would respectfully recommend that the land in question be reserved for the Indian applicants.
I have &c,
(Signed)       A. T. Bushby. 39 Vic. Papers relating to Indian Land Question. 239
Enclosure.
To the Honorable A. T. Bushby, Registrar-General, J. P., cfc, $c.
The petition of the Indians living at the entrance of Shelik Creek, on the bank
of Fraser River, five miles above Langley, humbly sheweth :—
1. That long before 1862, your petitioners have had their homestead at the entrance of Shelik Creek, on the bank of Fraser River.
2. In 1863, a white man named Cromarty came and took, as his claim, the land
upon which our house and gardens were.
3. Having complained to Judge Brew, he gave us, to protect our land against
any white man, a note, of which we give a copy underneath.
4. Cromarty left our land and abandoned his claim, but some time after another
white man took it, and after him came Mr. Brady, the actual occupant of our land,
who assured us that he bought the land and we had no further right on it.
5. Being driven away from our land, we commenced to cultivate a part of the
land situated below Brady's claim, but seeing that in spite of the note given us,
which we believed would secure our land to us, we have been dispossessed of it,
and fearing the same thing may happen us again regarding our present place, and
then find ourselves without any land, we humbly pray your Honor to have our new
place surveyed and marked out as soon as possible.
6. We would respectfully demand that our reserve be so marked as to extend
along the Fraser, from the corner post of Brady's claim to the corner post of the
reserve already surveyed for Whonock Indians.
7. The portion of land we now ask for, namely, from corner post of Brady's to
the corner post of Whonock Indian Reserve, is unoccupied by any white man.
Brady himself has advised us to make application to obtain that land as our reserve,
in order to put an end to any future dispute of rights and prevent us hereafter from
being overwhelmed with grief and sorrow on seeing ourselves without any land to
cultivate.
Firmly believing that your Honor will listen to their request and will cause our
reserve to be marked out immediately, your petitioners will ever pray.
'Charles Sal-tem-tbn,
ri
(Signed)
New Westminster, August 20th, 1869.
';
Jules Skou-kiaten,
Adolph Kou-keaten,
Alice ,
2 others who have their gardens there.
Copy of Judge Brew's Note.
" The bearer of this, an Indian, complains that Cromarty, near Langley, has
taken away his potatoe ground. This is, therefore, to caution Cromarty or any
other person against taking or in any way interfering without special authority with
any land cultivated by Indians."
(Signed) Brew, C, J.P.
New Westminster, 24th April, 1863.
The Chief Commissioner of Lands and Works to Mr. Bushby.
18th October, 1869.
Sir,—Your letter of the 20th August, forwarding a petition from certain Indians living at the mouth of Shelik Creek for a tract of land to be laid out as a
reserve for their use, adjoining the Whonock Indian Reserve, was duly received and
forwarded for the Governor's consideration. 240 Papers relating to Indian Land Question. 1875
I am now directed to state that as the limits of the reserve for the use of the
Whonock Indians, to which tribe I understood the petitioners to belong, as well as
of reserves for the various other tribes between Langley and Harrison River, were
defined last year after careful consideration of each case and consultation with the
various tribes on the ground, it is not deemed advisable to alter the arrangements
then made and which have been duly advertised in the Government Gazette.
The prayer of the petitioners cannot, therefore, be favourably entertained, and
I have to request that you will so inform them.
I have, &c,
(Signed)       Joseph W. Trutch.
Mr. Michaud to the Chief Commissioner of Lands and Works.
Hope, British Columbia,
15th February, 1870.
Sir,—I have applied to Justice O'Reilly, Magistrate at Yale, in order to preempt 160 acres of land east of Fraser River, and immediately above the mouth of
the Koquehalla River; having for boundary limits Fraser River to the west, and the
Koquehalla to the south, measuring two-thirds from south to north, and one-third
from west to east. Justice O'Reilly replied "this land is a part of an Indian
Reserve," consequently I am denied even the right of having it registered to my
name.
I should not solicit so much if it were not the only land near Hope fit for a farm,
and the unfortunate circumstance of having wasted ten years of my life in this place
at building houses, erecting fences, and selling fruit trees, on town lots I have
bought from the Government, and from which improvements I could derive no
profit if I were placed on a farm far away from Hope. Therefore I hope, from your
active benevolence and good understanding, the privilege to register in my name
the land in question, so that I could erect buildings on it next summer, and then
take permanent occupation. I, besides, engage myself to let the Indians living
thereupon enjoy peaceably the occupation of their small cabins and little gardens,
until the Government think fit to remove them.
Please sir, ponder, consider, and act, still more on account that this would open
a way to much more good land back of this reserve, and which remains wild because
the Koquehalla and it stands in the way.
I have, &c,
(Signed) M. Michaud.
Ihe Chief Commissioner of Lands and Works to Mr. Michaud
Lands and Works Department,
21st February, 1870.
Sir,—In reply to your letter of the 15th instant, I have to inform you that on
reference to Mr. O'Reilly, I find that the land you applied to him to record as a
pre-emption claim in your favour is part of an Indian Reserve, and therefore exempt
from the operation of the " Land Ordinance, 1865;" and I regret that under these
circumstances, I cannot hold out to you any prospect of your being able to acquire
possession of this tract of land.
I have, &c.,
(Signed) Joseph W. Trutch. 242 Papers relating to Indian Land Question. 1875
The Chief Commissioner of Lands and Works to Mr. Brenton.
Lands and Works Department,
May 17th, 1870.
Sir,—In reply to your letter dated 30th ultimo, complaining of the annoyance
caused to you by the Chemainus Indians, I have the honour to inform you that I
shall take an early opportunity of visiting your locality and defining more exactly
on the ground the Indian lands.
I have, &c,
(Signed)       B. W. Pearse.
Mr. Bushby to the Chief Commissioner of Lands and Works.
New Westminster,
27th May, 1870.
Sir,—I have the honour to inform you that the Chiefs of the Zeluch Tribe of
Indians inhabiting a large lodge on the Harrison Rapids, about one mile or so above
Harrisonmouth, have applied to have their village and adjoining land surveyed off
and constituted a reserve.
The tribe, I am informed, numbers some one hundred and seventy souls.
The Indians seem aware that Mr. Henry Cooper is applying Jfor a lease of land
in their vicinity, and they are anxious that he should not clash with them.
I have, &c,
(Signed)      A. T. Bushby.
The Chief Commissioner of Lands and Works to Mr. Bushby.
Lands & Works Office, Victoria,
3rd June, 1870.
Sir,—In reply to your letter of the 27th ultimo, I have the honour to inform
you, that I shall be prepared to send a surveyor to lay out the Zeluch Indian Reserve so soon as I shall have received replies from Mr. Cooper and other applicants
for timber cutting reserves, so that all may be done together. It will be necessary
in the case of the Zeluch Reserve, that you go with the Surveyor and arrange the
bounds with the chiefs of the tribe, in order that they may be content with the lands
as laid out. I should be glad also to have some information from you, at your earliest convenience, as to the number of persons holding pre-empted or purchased
lands in your Districts who may wish to have a Government survey of same.
I have, &c,
(Signed)       B. W. Pearse.
Mr. O'Reilly to the Chief Commissioner of Lands and Works.
Yale, 28th May, 1870.
Sir,—In reply to your letter of the 9th inst., I have the honour to inform you,
that after Wednesday, the 1st June, I shall be in readiness to lay out the Indian Reserves on the Fraser River.
Will you have the goodness to inform me at what point on the river I am to
commence this work, as I don't know how far above Harrison River the reserves
have already been defined.
I have, &c,
(Signed)      P. O'Reilly. 89 Vie. Papers relating to Indian Land Question. 241
The Colonial Secretary to the Chief Commissioner of Lands and Works.
Colonial Secretary's Office,
29th April, 1870.
Sir,—With reference to the subject of the survey of the Indian Reserves on
the Fraser, I am directed by the Governor to acquaint you that, as has been
suggested by you, he approves of the boundaries of all the lands which are to be
reserved for the use of the Indians, from Harrison River to Yale, and along the
Waggon Road from Yale to Cache Creek, being determined by the local Magistrates, and surveyed under instructions from your Department; the Magistrates
personally inspecting such survey.
You will be good enough to give the necessary instructions to the Sub-
Commissioners of the District. The surveys in question to be carried out at the
earliest possible date.
The sum of $400 is duly authorized to be expended on this service.
I have, &c,
(Signed)      Philip J. Hankin.
Mr. Brenton to the Chief Commissioner of Lands and Works.
Chemainus, April 30th, 1870.
Dear Sir,—I must apologise for calling your attention to the trouble I have
been lately put to with a few of the Chemainus Indians concerning the land I last
summer pre-empted in the District of Oyster Bay.
I have been to Mr. Morley, Maple Bay, and have acquainted him of the particulars of the case, and can get no satisfactory arrangement with him. He says he
has written to you on the matter, and since then I have heard nothing more about it.
The land, you will find on examination of the sketch map I sent you through
Mr. Morley, is situated alout half-way between the two Bays, viz.—Oyster and
Chemainus Bays, and about 1} miles from the point or termination.
I am given to understand that the Government have never reserved any portion
of this land for the use of the Indians, except at the extreme head of Oyster Bay,
which, of course, you will better understand. And notwithstanding my repeated
cautions to them to keep away, they still persist to come on the land to work, and
tell me to keep away, that I have no right there. Despite also Mr. Morley's
caution to the same effect, they say (as they always do in such cases) that the land
is theirs; that they have used it before for growing potatoes; and that therefore the
land belongs to them. They or their ancestors may have used the land before for
that purpose, but I candidly confess that there exists no visible signs of their
ever having used it; and all they lay claim to is an isolated patch of fern containing
about 1J acres, and in or near the centre of my land, and about one mile inland
from their ranch.
So soon as they discovered that I had taken up the land, they came and forthwith commenced preparing this piece of land for growing their this season's potatoes;
and but for my having taken it up they most assuredly would have never come
there. So you will see, sir, from this statement the immediate necessity of attending
to this affair, and to get them put off the land without delay, for the longer they
are allowed there, the more difficult it will be to rid them.
I have, &c,
" (Signed)      John Brenton. 39 Vic. Papers relating to Indian Land Question. 243
The Chief Commissioner of Lands and Works to Mr. O'Reilly.
Lands and Works Department,
Victoria, 3rd June, 1870.
Sir,—I have the honour to acknowledge the receipt of your letter dated 28th
ultimo, and in reply to acquaint you that I have informed Mr. John Trutch, who
will be sent up to define the boundaries of the Indian Reserves on Fraser River, and
generally in the Yale-Lytton District, that you are now ready to undertake this
work. I also transmit herewith three tracings of the Indian Reserves at Hope and
Yale, and that at the mouth of Harrison River, beyond which no reserves have been
laid out.
I have, &c,
(Signed) B. W. Pearse.
The Chief Commissioner of Lands and Works to Mr. John Trutch.
4th June, 1870.
Sir,—I have the honour to instruct you to proceed forthwith to Yale and report yourself to the Magistrate there, with a view to defining, under his immediate
supervision and direction, the Indian Reserves on the Fraser River, above Harrison-
mouth, as also such surveys as may be required of the pre-empted and purchased
lands within the Yale-Lytton Districts. In the latter case only upon due application from the pre-emptor or purchaser for such survey.
These surveys will be executed in accordance with the genera] instructions
to surveyors issued from this office. The field notes will be returned to the office,
and the notes will be kept as far as possible on the American plan. You will also
keep a diary of your proceedings. Whilst engaged in these surveys you will be
remunerated at the rate of $10 per diem, which amount will include all personal
allowance for board, etc., excepting only travelling expenses. You will also keep
proper vouchers for all expenditures made by you. I append a copy of Messrs.
Cornwall's application for a survey of a tract of land, as also a copy of the rough
sketch furnished by them.
I have, &c,
(Signed) B. W. Pearse.
Mr. Bushby to the Chief Commissioner of Lands and Works.
New Westminster, 28th June, 1870.
Sir,—In the plan of the Scowlitz Indian Reserve, " Culkithl" is mentioned as
Chief; this man disclaims that honour. Captain John, or " Scultlaamento " is, I
am informed, the rightful Chief. As I shall have occasion to visit their village
shortly, am I at liberty to alter the plan and hand it over to Captain John, on being satisfied that he is the actual Chief.
I have, &c,
(Signed) A. T. Bushby.
The Chief Commissioner of Lands and Works to Mr. Bushby.
Lands and Works Office,
Victoria, 30th June, 1870.
Sir,—I have the honour to acknowledge the receipt of your letter, dated 28th
inst., informing me of your error in assigning the chieftainship of the Scowlitz
Indian Reserve, and asking whether you will be at liberty to alter the plan and
hand it over to the rightful Chief, Captain John, upon your being satisfied that he
is the rightful claimant. I have to inform you that I think it right that yci should
do so. I have, &c,
(Signed)       B. W. Pearse. 244 Papers relating to Indian Land Question. 1875
Mr. A. Dods to the Chief Commissioner of Lands and Works.
Cowichan, July 28th, 1870.
Sir,—As you asked me to apply to you in writing for a building site (when I
spoke to you at the office) I now do so, as I have made arrangements to go on
building provided you see fit to grant the following request : I want about 1 \ acres
at the corner of west half of Section 11, R. II. It is the only place in the vicinity
fit to build a dwelling house on, being convenient to wood and good water. Anywhere on the other half is so cut up with sloughs that it is very hard to get firewood, and the water is brackish, even in the river, about three months in the
summer. My neighbours, Marriner and Botterel, have been accorded like privileges. On the other side is a rough sketch of the ground, but I wish you could
have seen it. I may mention that the Indians are aware of my intention and are
quite satisfied.
I hope you will grant the site as I can't build anywhere else very well, and I
am at present putting up at Mrs. Williams'.
I have, etc.,
(Signed)       Archibald Dods,
The Chief Commissioner of Lands and Works to Mr. A. Dods.
Lands and Works Department,
Victoria, 1st August. 1870.
Sir,—I have the honour to acknowledge the receipt of your letter dated 28th
ult., applying for a part of S. 11., R II., Cowichan District, for a building site.
In reply I have to inform you that the west half of this section was pre-empted by
a man named Dan. Campbell, and is not a part of the Indian Reserve at all, so I
presume you must have made a mistake in your description. Possibly it is a part
of S. 11., R. I., that you seek to acquire.
I have, &c,
(Signed) B. W. Pearse.
Mr. Weir to the Chief Commissioner of Lands and Works.
Gordon Bush, Metchosin, August 29th, 1870.
Dear Sir,—This Indian from Sooke is desirous of purchasing land. The piece
he wants is situated on the right side of the entrance to Sooke Harbour opposite
the spit, at a place where a small stream flows into the bay. He says he only
wants a small piece, but I suppose he can have nothing less than a section ; perhaps you would allow him to squat on it if it is not yet surveyed. I have known
him for several years for a hard-working and industrious Indian.
I hope you will be kind enough to explain the matter to him as he is rather a
deserving character and should be encouraged.
I have, &c,
(Signed)       John Weir.
The Chief Commissioner of Lands and Works to Mr. Weir.
Lands and Works Department,
Victoria, 10th October, 1870.
Sir,—In reply to your letter dated 29th August, I have the honour to inform
you that the Indian "Charley" will be allowed to take up 20 acres of land in
Sooke Harbour, opposite the spit, provided he occupy and improve it in good faith.
I have, &c,
(Signed) B. W. Pearse. 89 Vie. Papers relating to"Indian Land Question, 245
Mr. Sanders to ihe Surveyor-General.
Lillooet, 12th September, 1870.
Sir,—Some Indians living between this place and Foster's Bar, midway to
Lytton, having expressed to me their earnest desire to have the lands they have
so long occupied properly secured to them, I rode down on the 6th inst. and made
rough surveys and sketches of the plots claimed. I now beg to forward to you
transcripts of the records which have been made in their favour for your information.
I have, etc.,
^Signed) E. H. Sanders.
Enclosures.
Tonwick Reservation No. 1.
Recorded this day in favour of a settlement of Indians, a section of land,
comprising fifteen acres more or less, situated about eight miles south of Lillooet
on the right bank of the Fraser, and adjoining the north line of Won Lin's preemption. This reservation is to be known as the " Tonwick Reservation, No. 1."
The Indians are to be entitled to fifty inches of water from Tonwick Creek for
purposes of irrigation.
Recorded this 12th day of September, 1870.
Tonwick Reservation, No. 2.
Recorded this 12th day of September, in favour of a group of Indians, a
section of land on an elevated plateau on the right bank of the Fraser, about seven
miles south of Lillooet, to be designated the "Tonwick Reservation, No. 2.|"
This reservation adjoins the pre-emption claim of Ah-Kye, " Side-Hill Farm,"
abutting on the southern line of said claim, and comprising from ten to twelve
acres, more or less. The Indians are to be entitled to fifty inches of unappropriated water, for purposes of irrigation from a creek, "Tonwick Creek," flowing
into the Fraser to the southward of this land.
Recorded this 12th day of September, 1870.
Nesekess Reservation.
Registered in favour of the Indians of Nesekess a piece of land containing fifty
acres, more or less. The land in question is situated on the right bank of the
Fraser, and about fourteen miles and a half from Lillooet; it is to be designated
the " Nesekess Reservation." The Indians are to be entitled to the use, for purposes of irrigation, of One hundred inches of water from the first creek below this
reserved land.
Recorded this 12th day of September, 1870.
The Chief Commissioner of Lands and Works to Mr. H. M. Ball.
Lands and Works Department,
25th November, 1870.
Sir,—I have the honour to forward herewith, for your information and guidance,
plans of the Indian Reserves, two at the north shore of Burrard Inlet and one on the
south shore of False Creek, surveyed by Mr. Launders last autumn, and which have
been established by notice, of this date, in the Government Gazette as reserves for
the use of the Indians resident thereon respectively.
I am informed by Mr. Launders that he finds that Reserve No. 3 was wrongly
placed by him on fhe general map of the District belonging to this office, and it 246 Papers relating to Indian Land Question. 1875
seems therefore advisable that you should send down your map by safe hands, so
that the position of this reserve should be correctly laid down.
I also forward separate maps of these reserves in tin cases, to be delivered by
you to the chiefs or principal men of each tribe for their information and that of
the neighbouring settlers.
I have, &c,
(Signed) Joseph W. Trutch.
The Reverend J. B. Good to Governor Musgrave.
St. Paul's, Lytton, British Columbia,
December 19th, 1870.
May it please your Excellency:—
At the earnest request of the Chief of the Nicola Valley, who rode in here on
Saturday with the hope of obtaining an interview with the visiting Magistrate,
but arrived some hours after Mr. O'Reilly had returned to Yale, I beg respectfully
to enclose the accompanying petition for redress of a very crying grievance, which
I feel sure will receive from Your Excellency the attentive and kindly consideration the merits of the petitioner and of his appeal crave at your hands.
The circumstances connected with the present case may be briefly stated
thus:—
In laying off the reserve at Nicola Valley, between two and three years ago, a
piece of land was assigned for the future use of the Indians rendezvousing in this
valley, quite apart from either of the three old chief settlements which had previously been the favorite locations of these original possessors of, perhaps, the
most favoured valley in this upper country. The names of these Native stations,
in the order of their approach from Lytton, are ^'Nehyig" with its two burial
places, two water courses, and long line of Indian potato patches, and situate
about a mile inclusive of the new official reserve, a place of remarkable beauty,
fertility, and natural attraction; (2.) "To Tulla," some four miles further on
where the Nicola River and the fresh-water stream meet, and from whence in
turning to the lake we proceed in an easterly direction; and (3) the third is named
" Tootch," just at the foot of the lake, where Naweeshistan's elder brother Poash
has lived for years past, and from which he has lately been driven in favour of a
white settler who has been allowed to pre-empt over his head, and to seize upon
his improvements and lands without any compensation being offered him in
mitigation of the loss and grief thereby occasioned him.
Naweeshistan from the first was most anxious to retain intact the right of
the three spots severally, to which I have directed the attention of Your Excellency, but his heart was specially set upon "Nehyig," his own favorite stopping
place and head-quarters. It was here he received a most friendly visit from Your
Excellency's predecessor in office, Sir James Douglas, to whom Naweeshistan is
well and favourably known. Here, also, the present Chief Justice Begbie called
upon him, and left him with assurances of safety and protection of his rights that
the old man now regards as standing in imminent jeopardy.
From the first he protested against surrendering " Nehyig," but wished it to be
incorporated with the land recently assigned him, but wished in vain. In pursuit
of this he made an especial journey to me immediately after the reserve had been
laid off, and begged me with many tears to intercede on his behalf. Responding
to his anxious wishes and fears, I brought his case under the consideration of the
Lands and Works Department before the maps exhibiting the reserve in question
had been prepared. I afterwards consulted with Chief Justice Begbie and His
Honor Judge Crease, to whose joint opinion I would at this time especially beg
Your Excellency to refer, in order that you may arrive at a righteous decision in
the matter. 39 Vie. Papers relating to Indian Land Question. 247
I was advised to refer the matter at once to Your Excellency, but considered
it would be most in order previously to write the Magistrate of the District, by
whom the Nicola reserve was assigned its present limits.
I understood from him, that he would personally re-visit Nicola and confer
with Naweeshistan on the spot. No such visit however has been made, and according to the official announcement, persons may go and pre-empt all lands
adjacent to the new reserve, in which case the chief would be turned out of his
old homestead and ranch, shut off from his present water privileges, and his whole
future life embittered with a sense of injury and wrong that might eventually
culminate in rebellion to constituted authority.
A better and more amiable man than this old chief could not well be found.
His loyalty and service to the Queen and her representatives have been most
conspicuously evinced on all occasions when it has been in his power to exhibit them,
or to the interest of the Crown to test them. He and his numerous adherents are prepared in spring to fence in their reserve and concentrate all their
energies in its profitable development, if enlarged according to tenor of enclosed
appeal. Would it be wise or politic to arrest all this, by denying their present
modest and righteous request, and to convert a peace-loving, useful, and improving
people into a disaffected, turbulent, and possibly seditious band of men?
The whole course of Your Excellency's Indian policy since assuming the reins
of Government here, assures me in believing it impossible that such will be your
decision.
I have, etc.,
(Signed) John Booth Good.
P. S.—If it should be that Your Excellency is disposed to redress the wrong
inflicted upon Naweeshistan, in accordance with the request embodied in hia
address, it will be advisable that special instructions be sent to the office here at
once, forbidding pre-emptions to be registered or entertained in connection with
the sites now in request, until further notice, by which much trouble and annoyance
to all concerned would be avoided.
(Initialed) J. B. G-.
Petition.
Lytton, December, 17th, 1870.
To His Excellency Governor Musgrave, ofc, £c., <fc.
The humble Petition of Naweeshistan, Indian Chief at Nicola Valley, humbly
showeth:—
That the land officially reserved for the use of himself and Indians owning
his authority does not meet his and their wants and wishes; but having received it
from the beginning under protest, it is still in its present unaltered form, an abiding
source of growing discontent and disaffection.
That the said Chief, for himself and people, respectfully prays that the reserve
in dispute be laterally extended, so as to embrace on the one side his old location at
Nehyig, with the water-courses, burial grounds, and potato gardens thereof, and to
the junction of Nicola and fresh-water stream, called "To Tulla," on the other.
That such an amendment of the piece of land secured to him and his numerous
adherents would give great satisfaction and quiet their present feeling of having been
unfairly dealt with, whilst they never will be reconciled to receive in peace and
content the land as now offered for their acceptance and enjoyment.
And he will, as in duty bound, ever pray.
Witness, (Signed) Naweeshistan his x mark.
(Signed)   J. B. Good. 248 Papers relating to Indian Land Question. 1875
The Colonial Secretary to the Reverend J. B. Good.
Colonial Secretary's Office,
18th January, 1871.
Sir,—In reply to your letter of the 19th ultimo, enclosing a petition from the
Chief of the Nicola Lake Valley in reference to the Indian Reserves in that neighbourhood, I am directed by the Governor to forward you herewith a copy of Mr.
O'Reilly's report thereon, and to stale that as there seems to be some difference of
opinion as to the facts of the case. His Excellency's does not think it advisable at
present to make any change in the Indian Reserves already assigned, especially as
all Indian affairs will soon be transferred to the jurisdiction of the Canadian
Government. I have, etc.,
(Signed) Philip J. Hankin.
Enclosure.
Victoria, 12th January, 1871.
Sir,—I have the honor to submit the following remarks in reference to Mr.
Good's statements regarding the Indian Reserves at Nicola Lake :—
In accordance with instructions received from the Government, I visited the
Nicola Lake country in August, 1868, for the purpose of laying out the Indian
Reserves, which consist of three blocks (not one as stated by Mr. Good), containing in the aggregate 1,648 acres of the best land in the valley. The Indians of
Nicola Lake differ in no way from those of any other part of the country, and when
their lands were being defined, they laid claim to small patches scattered over the
entire valley, a distance of about fifteen miles. I explained to them that it would
be impossible for me to reserve the whole valley for their use, but that I was prepared to mark off, iu any place or places they might select, more land than could
ever possibly be cultivated by them. The sites of the three reserves were subsequently fixed upon by the Chiefs, and comprise, as I have said before, the richest
and best watered tracts in the neighbourhood.
Considering that Mr. Good has never been at Nicola Lake, he has succeeded
in drawing an effective description, which however is totally incorrect, and it is
to be regretted that he should not have made himself personally acquainted with
the locality before submitting such a statement.
About a year since Mr. Good spoke to me about the Indian burial grounds,
when I informed him that they are protected by a special Act of the Legislature,
and cannot be interfered with by settlement whether included within the Reserves
or not; I distinctly told him at the same time that I did not think the boundaries
of the reserves could be altered, and that I did not see any good reason for recommending a change, the Indians having already been most liberally dealt with. It
is my opinion that but for Mr. Good's interference from time to time the Indians
would long since have ceased to consider they had a grievance.
I may add that with regard to the chief's visit to Lytton, it was made at my
request, as I was anxious to pay him a sum of money due to him for ranching
horses for the Government. I sent him a message to say I should be at Lytton on
the 19th December last, and this, I apprehend, was the true cause of his journey
there, and not to present the petition drafted by Mr. Good.
I have, etc.,
(Signed) P. O'Reilly, S. M. 39  Vic. Papers relating to Indian Land Question. 249
The Reverend J. B. Good to the Colonial Secretary.
St. Paul's Mission Parsonage,
Lytton, February 3rd, 1871.
Sir,—I have the honour to acknowledge receipt of your official reply, dated
18th January, to petition from the Chief at Nicola Valley, as forwarded by me, together with copy of Mr. O'Reilly's report, and would in the first place desire to convey to His Excellency my grateful appreciation of the courtesy and attention bestowed on my memorial and representations thus far, in respect to a matter which I
most reluctantly venture to obtrude again upon His Excellency's notice. For did
I not feel absolutely sure that the case in dispute is one of crying injustice towards a
most worthy and deserving chieftain, who looks to me, as one bound by the most
sacred ties and obligations, to do all that is in my power to aid and protect him, a
case, the merits of which have been most unfairly dealt with by one from whom he
might reasonably have expected to receive a very different kind of treatment, and,
moreover, just such a wrong as His Excellency in the noble reply he made to our
Indian congratulatory address, when he passed through Lytton, declared it was his
solemn duty to take in hand and redress upon appeal, I certainly should not have
thought it necessary or fit to have troubled the Government with my reflections
upon the tone, temper, and animus of the report of Magistrate as enclosed. Most
respectfully and earnestly, therefore, do I entreat to be heard a second time on this,
question and on the opinion and remarks submitted by Mr. O'Reilly for His Excellency's guidance, and then, whatever may be the result, I shall, at the least, have
the satisfaction of feeling I have done my duty and discharged my conscience
towards all concerned, without partiality, fear, or guile. The fact that the petitioner
is an illiterate dependant in this instance upon the Queen's bounty, as exercised by
Her Majesty's representative in this Colony, and the one who, as I believe, has so
imprudently and unjustifiably limited the display of that bounty as touching the interests of my petitioner when laying off the native reserve at Nicola Valley, is a
gentleman of high position with powerful connections will, I feel sure, have no other
force or weight with His Excellency than, if at all, to give the benefit of the doubt
to the weaker party. Will then Governor Musgrave do me the favour, before proceeding with this statement, to have before him the Government surveys of the
Nicola Lake Reservations from the Land Office, together with the Chief Naweeshi-
tan's petition, my letter which accompanied it, and Mr. O'Reilly's report upon both.
Any one reading the latter would imagine that I had been indebted solely to
my imagination for the supposed facts supplied through me, that I had no accurate
notion concerning the subject matter complained of, and that, but for me, the Nicola
Chief would have been content to acquiesce in the allotment already assigned him
and his people. How far this is a true statement of the affair, and what reliance
His Excellency ought to place upon the accuracy of the Magistrate's report, rather
than upon any representation of mine, the sequel will, I hope, abundantly show.
And first, Mr. O'Reilly would lead His Excellency to imagine I was ignorant of
the fact that there are three Indian Reservations connected with the Nicola Lake
and Valley, and stated there was only one, whereas I knew to the contrary as well
as himself. But Mr. O'R. knows also that No. I. and II. on the south side of Nicola
Lake belong to the Chief" Chilehascut," who ranges between Nicola Lake and that
of Okanagan, and that so far as Chief "Naweeshistan" is interested or concerned
they might as well be placed on the other side of the Rocky Mountains. It is with
Reservation No. III. of 920 acres my remarks were wholly connected, and it was in reference to the limitation and character of this the petition alone refers. Now, whilst I never
thought of denying the two former to be well watered and satisfactory to all concerned, I do again most emphatically assert that No. III. is not so, and that if
" Nehyig," Naweeshistan's camping grounds, burial places, two watercourses, with
long line of continuous potato patches, are still to be shut out and left open to preemption at any hour, this reserve is practically useless, and will never be accepted as 250 Papers relating to Indian Land Question. 1875
a central home for Naweeshistan and his numerous increasing people. The Chief, moreover, says distinctly that he begged that Nehyig might be included (a matter of
only one-half mile extension northwards), and was told " he was too covetous."
Secondly, Mr. O'R. informs His Excellency, with most astonishing assurance, I
have never been to Nicola Lake and Valley. I beg to say I have been to both. I
spent a Sunday within a mile of the lake (about two years since), and had Naweeshistan with me all the time to explain, on the spot, the whole of his troubles.
Thirdly, in relation to the burial grounds, Mr. O'R. on my earnest expostulation, and in the presence of Naweeshistan and many others at the Court House, distinctly promised to visit Nicola and lay off so many acres, encircling these places of
sepulchre, and at the same time re-examine the limitation of Naweeshistan's Reserve,
but never went, notwithstanding the Indians put themselves greatly about to stay at
home in order to meet him at the time announced for his visit.
Lastly, I am charged with inciting the chief to consider himself aggrieved, who
would otherwise have remained quiescent. In answer to this, I have to say that
the Chief, as soon as he realized his condition, hastened to me, so long ago as the
fall of 1868, and with bitter tears and lamentation besought my interference, saying the loss of Nehyig would break his heart, and also, he feared, drive his followers
i7ito commission of acts of disaffection, violence, and rebellion against authority. And
again and again he has renewed the theme. In his behalf, and in the absence of Mr.
O'Reilly at Kootenay, I represented the matter to the Lands and Works Department, subsequently to the two Judges, and Mr. O'Reilly, and now lastly the appeal
is made to the highest authority. In my eager desire to honour and obey the
Queen, and to behold my flock walking in all due subjection to authority, and
maintaining peaceful relations with the European population settling in their midst,
I write thus at length, and would respectively suggest that if the matter cannot at present be adjusted satisfactorily, at least an order should be sent up prohibiting any one from
pre-empting Nehyig, or, which would be better, forbidding the officer in charge herefrom
entertaining the preliminary notice of pre-emption, and also thai ihe same caution should
be, published in the Government Gazette. Query—might not the chief himself preempt it ? or nominally lease the whole ?
I have, «&c,
(Signed) John B. Good.
P.S.—Further reflection confirms me in the conviction, that to give to the chief
a lease of Nehyig in perpetuity, at a nominal rental, would meet the difficulty, and
allow Reservation No. III. to remain undisturbed. This lease should include the
right to the water courses by which alone the aforesaid reservation can be
irrigated. And until the lease was executed, a prohibition to pre-empt the land
in dispute would avoid all complication in the matter.
(Initialed) J. B. G.
The Colonial Secretary to the Reverend J. B. Good.
Colonial Secretary's Office,
13th March, 1871.
Rev. Sir,—I am directed by the Governor, in reply to your letter of the 3rd
ultimo, on the subject of the Indian Reserves at Nicola Lake, to forward copy of a
report from Mi". O'Reilly, and letter from Mr. Mohun, who surveyed the land in
question, and to remark that His Excellency thinks you are mistaken in supposing
the Reservation No. 3 is not well watered.
There would appear to be no reason why the Indian burial grounds should not
be fenced in, and as Nehyig is, as His Excellency is informed, a barren undesirable
spot, the Indians are not likely to be disturbed in their use of it as a camping ground.
I have, &c,
(Signed) Philip J Hankin t 39 Vic. Papers relating to Indian Land Question. 251
Enclosure No. 1.
Victoria,
4th March, 1871.
Sir,—With regard to the Rev. Mr. Good's letter of the 8th ultimo, relating to
the Indian Reserves at Nicola Lake, I regret that I can see no good reason advanced by him for altering the opinion I have already expressed concerning these
lands.
In my former letters I have replied to the various points urged by Mr. Good,
and I have now, therefore, only to deal with the following paragraph which I copy
from his letter:—"It is with Reservation No. III. of 920 acres, my remarks are
" wholly connected, and it was in reference to the limitations and character of this, the
"petition alone refers. Now whilst I never thought of denying the two former to be well
"watered, and satisfactory to all concerned, I do again most emphatically assert that No.
" III. is not so." In answer to this, I have to append the report of Mr. Mohun
who surveyed the reserve in question, from which it is apparent that the statement
made by Mr. Good, viz: that reserve No. III. is not well watered, and is in consequence useless, is incorrect. I can only infer that Mr. Good is personally
unacquainted with the situation of this particular land, and the singular advantages
it possesses in the very respect in which he professes to take exception.
My instructions in laying out these reserves were to deal liberally with the
Indians, and I have done so, as will be seen by reference to the maps, to the utmost
extent which I considered justifiable in the public interest, and far more so than
with their present limited and apparently decreasing numbers the Indians there
can ever really require. I considered it indispensable that the reserves should be
well supplied with wood and water, and I affirm that the one in question is so,
and that it is, both in extent and situation, indeed in all respects, admirably
adapted for an Indian Reservation. I cannot, therefore, recommend any further
extension of the present reserve.
With regard to the burial grounds, although they are already protected by a
special act of the Legislature, under heavy penalties, there can be no objection, but
the contrary, to their being fenced in by the Indians.
I have, etc.,
(Signed) P. O'Reilly, S. M.
Enclosure No. 2.
Victoria, B. C,
24th February, 1871.
Sir :—In answer to your enquiry as to the supply of water on Indian Reserve
No. 3., situated on the Nicola River, and surveyed by me in the latter end of
August, 1868, I have the honour to inform you that I consider the above reserve to
be exceptionally well watered.
In the first place, the Nicola River, a stream of considerable size, flows through
it, with a sufficient fall for purposes of irrigation ; and in the second, there is a never
failing spring, from which an abundant supply of water may be procured in the
height of summer.
As you are aware I was there at the dryest time of a very dry season, when the
settlers in the valley were complaining of the scarcity of water, yet, even then, the
flow from that spring was sufficient to cause a reed swamp of two or three acres in
extent and six or eight inches deep in mud.
You will doubtless remember that, had you not decided on laying out that portion as an Indian Reserve, there was a settler who was eager to take up that very
piece of land, simply because it was so well watered.
I have, &c,
(Signed) Edward Mohun. 252 Papers relating to Indian Land Question. 1875
Mr. Bushby to the Chief Commissioner of Lands and Works.
New Westminster,
1st February, 1871.
Sir,—I have the honour to inform you that the Lachouwa, a small band of
Indians residing at the Sumass, near Miller's Landing, have complained to me that
their land promised to them in a letter from the Colonial Secretary, dated 26th
May, 1870, and addressed to Father Durieu, has not yet been surveyed, and that
certain white men are molesting them.
I enclose a note from Father Durieu on the subject, and trust that the survey
may be made as soon as possible.
I have, &c,
(Signed)       A. T. Bushby.
The Chief Commissioner of Lands and Works to Mr. Bushby.
Lands and Works Office,
February 6th, 1871.
Sir,—I have the honour to acknowledge the receipt of your letter dated the
1st instant, enclosing a letter from Father Durieu on the subject of the Indian
Reserves near Miller's Landing. I have no copy of the letter from the Colonial
Secretary to Father Durieu; but if it should appear to you to be strictly right, I
shall be obliged if you will employ the first Government Surveyor who may be in
your neighbourhood to make the necessary survey.
I return, herewith, Father Durieu's letter.
I have, &c,
(Signed)       B. W. Pearse.
Mr. Bushby to the Chief Commissioner of Lands and Works.
New Westminster;
20th February, 1871.
Sir,—Referring to a report from Mr. Justice Crease, and my remarks thereon,
respecting the Sowassen Indians at Point Roberts, and forwarded to you some short
time back, I would wish to know whether it is the intention to lay them out a reserve this summer. I have to visit them to explain the Fence Ordinance, under
which they are now included, and I should like, at the same time, to be able to
give them a satisfactory assurance as to their reserve.
I have, etc.,
(Signed) A. T. Bushby, S. M.
Ihe Chief Commissioner of Lands and Works to Mr. Bushby.
Lands and Works Department,
Victoria, 27th February, 1871.
Sir,—I have the honor to acknowledge the receipt of your letter, dated the
20th instant, asking whether it is designed to lay out the Sowassen Indian Reservation during this summer. In reply I have to inform you that a surveyor will be
sent into your neighborhood very shortly and that you can then instruct him to
make the necessary survey.
I shall also be glad if you will, at your earliest possible convenience, inform
me what number of applications for survey have been made, and generally the locality of such applicants.
I have &c,
(Signed)       P. W. Pearse. 39 Vie. Papers relating to Indian Land Question. 253
Ihe Chief Commissioner of Lands and Works to Mr. Mohun.
Victoria, 27th March, 1871.
Sir,—I have the honor to instruct you to proceed to Fraser River, and place
yourself under the orders of the Assistant Commissioner of Lands and Works at
New Westminster, in order that you may carry out the various surveys of preemption and pre-emption purchase claims, Indian Reserves, etc., in that District.
Your instructions of last year will hold good this year, and your rate of remuneration will be the same.
I have, &c,
(Signed)       B. W. Pearse.
Ihe Chief Commissioner of Lands and Works to Mr. O'Reilly.
Victoria, B. G,
26th April, 1871.
Sir,—I have the honor to transmit herewith twenty-four tracings of all the
recent surveys of the Indian Reserves in the Yale-Lytton District.
The tracings for the Indians are complete, and packed in separate tin cases,
which will be sent to you, in spring, for distribution.
I have, etc.,
(Signed) B. W. Pearse.
Mr. Mohun to the Surveyor-General.
New Westminster, 9th June, 1871.
Sir,—I have the honour to forward you herewith the field notes and sketches
of two Indian Reserves surveyed by me, in accordance with instructions received
from the Assistant Commissioner of Lands and Works at New Westminster.
One at Sumass adjoining David Miller's pre-emption claim and containing
about thirty-five acres ; the other at Tsow-wassen, English Bluff, and containing
about four hundred acres.
I have, &c,
(Signed) Edward Mohun.
Mr. Haynes to the Chief Commissioner of Lands and Works.
Custom House, Ossoyoos Lake,
1st May, 1871.
Sir,—I have the honor to inform you that, at the request of Mr. O'Reilly,
I have laid out as an Indian Reservation a piece of land called "Ashtuolan," or
"Ashnola," on the Similkameen River.
I have also marked out as an Indian Reservation a piece of land near the
head of Ossoyoos Lake, which the natives of that vicinity have tilled for several
years.
Mr. Lowe, the officer in charge of this station, will point out these lands for
survey.
I have, etc.,
(Signed)      J. 0. Haynes. 254 Papers relating to Indian Land Question. 1875
Mr. Morley to the Chief Commissioner of Lands and Works.
Maple Bay,
28th May, 1871.
Dear Sir,—The Indians,   the   bearers   of  this   note appear to  have some
difficulty about a road at  Chemainus with Mr. Thomas.    1 believe you laid the
road out when you were last there.    Please send me word where the road should
go, and I will see that it is carried out.
I am, etc.,
(Signed)       John Morley.
P. S.—I have not quite finished my report upon Salt Spring Island, but will
send it down next opportunity.
The Chief Commissioner of Lands and Works to Mr. Morley,
Lands and Works Office,
Victoria, 26th May, 1871.
Dear Sir,—I send you herewith a rough sketch of the south part of the Indian
Reserve at Chemainus, showing the proposed bridge and approaches thereto on
both sides. Mr. Thomas has no power to interfere with the Indians or with their
reserve. If you find any further difficulty with him or them write to me fully at
once. I think with the sketch to refer to you will have no difficulty in the matter. I have, etc.,
(Signed)       B. W. Pearse.
Mr. R. White to the Chief Commissioner of Lands and Works.
Cowichan, B. C,
June 22, 1871.
Sir,—I have the honor to apply for permission to lease a certain lot of land, portion of the Indian Reserve, Comiaken, indicated in the sketch attached hereto, and
marked red, containing three acres, more or less. I at present occupy a section
adjoining the piece I desire to lease, some of my buildings which, located on the
river's bank, are yearly threatened with 'destruction by the river displacing the
banks during freshets, etc.; my object in leasing the above land being to enable
me to take steps to protect my property"from destruction as described, by driving
piles on the river's bank, which, at this*particular point, is much exposed to wear.
I have the permission of the Indians to occupy this small portion of their reserve,
and pray for the consent of the Government. I shall be perfectly willing to pay
a nominal rent of $5 per annum, and would wish to have the lease for a period of
not less than ten years.
I have, etc.,
(Signed)      R. White.
The Chief Commissioner of Lands and Works to Mr. R. White,
Victoria, B. C,
5th July, 1871.
Sir,—I have the honor to acknowledge the receipt of your letter, dated 22d
ultimo, applying for a lease of a portion of the Comiaken Indian Reservation, being about three acres, and informing me that the Indians have no objection to such
a lease being granted. In reply I have to inform you that I am authorized, in
view of the facts stated in your letter, to grant you a lease of this small piece of
ground at a rental of $5 per annum, for ten years, provided you can show to my
satisfaction that the Indians are consenting parties thereto.
I have, etc.,
(Signed)        B. W. Pearse. 89 Vie. Papers relating to Indian Land Question. 255
Mr. Claudet to the Chief Commissioner of Lands and Works.
New Westminster,
28th August, 1871.
Sir,—I have the honour to inform you that the Coquitlam Indians have applied
to me for a map of their reserve, which they are anxious to get on account of the
neighbouring settlers having frightened them by threatening to have them removed.
I shall feel obliged by your forwarding one to me as soon as convenient.
I have, &c,
(Signed) F. G. Claudet.
7 he Chief Commissioner of Lands and Works to Mr. Claudet.
Lands and Works Department,
Victoria, 15th September, 1871.
Sir,—In reference to your letter on the subject of the reserves for the use of
the Coquitlam Indians, dated 20th ult., I have the honour to inform you that their
reserves have been surveyed and marked out on the ground, in accordance with the
sketch appended hereto. If you find any white men encroaching on either of these
reserves it will be necessary to warn them that they are doing wrong, and that all
Indian Reserves are specially exempted from pre-emption.
I have, &c,
(Signed)       B. W. Pearse.
Mr. O'Reilly to the Chief Commissioner of Lands and Works.
Germansen Creek, Omineca,
October 21st, 1871.
Sir,—I have the honour to enclose herewith, a rough description of the Indian
Reserves which I have marked off in the District of Omineca up to this date.
I also enclose a description of two Government Reserves which I have marked
oft on Babine Lake, one at the terminus of the trail from the Forks of Skeena, and
the other at the  commencement of the trail from Babine Lake to Lake Trembleur.
I have, &c,
(Signed) P. O'Reilly.
Enclosures.
Grande Rapide Indian Reserve, situated on the right bank of Thatchy River,
about six miles from Lake Trembleur.
Chief's name, Nah-ky-ley.   Population, sixteen.
Boundaries of Reserve.—Commencing at a post marked "Indian Reserve,"
planted about four hundred yards above the Grande Rapide, on the right bank of
the river, and running up stream five hundred yards to a post similarly marked;
th ence running back to the base of the mountain, forming a block of land about
one quarter of a mile square.
Thatchy Indian Reserve, situated on the North-East bank of Stuart's Lake,
and the left bank of Thatchy River.
Name of Chief, Ah-dee-chas.    Population, twenty-five.
Boundaries of Reserve.—Commencing at a stake marked Indian Reserve, near
the mouth of Thatchy River on the left bank, and running up stream nine hundred
yards to a similar post; thence run ning back a distance of one half mile; thence a
line parallel to the frontage until it strikes the margin of Stuart's Lake. 256 Papers relating to Indian Land Question. 1875
Necoslie Village, situated on Stuart's Lake, immediately below Fort St.
James.
Prince, Chief.   Twenty families.   Total population, one hundred and twenty.
Boundaries.—Commencing at a post on the bank of the Lake, one hundred
and eighty-six feet from the Hudson Bay Company's Post, and extending three
hundred yards towards the mouth of Stuart's River, and two hundred yards back
towards the base of the mountain.
Omineca, October 20th, 1871.
Lower Fishery Village, situated on Babine River, about seven miles from its
mouth.
Zaneane, Chief.   Population, one hundred and fifty.
Boundaries.—Commencing at a post fifty yards below the lower fishery, and
running up stream about half a mile, including both fishing lodges, to a point fifty
yards above the upper fishery, and one quarter of a mile on either side of the river.
Nayau Village, fishing station situated on Babine River, about one mile from
its mouth.
Nayau, Chief.   Population, sixty.
Boundaries.—Commencing at a post about fifty yards above the small island
on which the fishing lodges are placed, and running up stream to a post twenty
yards above the Hudson's Bay Co.'s store, one quarter of a mile on either side of
the river.
Babine Lake winter village, situated on Babine Lake near its mouth.
Nayau, Chief.    Population, fifty.
Boundaries.—Commencing at a point about two hundred and fifty yards
below the burial ground, and running up about four hundred yards to the foot of
the lake, and back towards the mountain two hundred yards.
Lataculsa Village, situated on Babine Lake, adjoining the Hudson's Bay
Co.'s store.
Nastell, Chief.    Seventy families.    Population, two hundred and fifty.
Boundaries.—Commencing at the Hudson's Bay Co.'s boundary line, and running down stream along the bank of the lake four thousand feet, and running
back towards the mountain four hundred yards.
Pinchie Village, situated on the north-east bank of Stuart's Lake, about
twelve miles above Fort St. James.
Yabee, Chief.    Twelve families.    Total population, Sixty.
Boundaries.—Commencing at a blazed tree at a bluff below the mouth of
Pinchie River, and running along the shore of the lake thirty-two hundred yards
to a post marked " Indian Reserve, September 5th, 1871," thence running back
to the base of Pinchie Mountain, thence following the base of the mountain to
starting point. 39 Vic. Papers relating to Indian Land Question. 257
CORRESPONDENCE  BETWEEN THE   SECRETARY   OE  STATE  FOR
THE PROVINCES AND THE LIEUTENANT-GOVERNOR.
The Secretary of State for the Provinces to the Lieutenant-Governor.
Ottawa, 21st July, 1871:
Sir,—I have the honour to transmit to you herewith, a copy of a letter
addressed by the Bishop of Columbia to the Secretary of State for the Colonies, and
by him communicated to His Excellency the Governor-General, respecting the
educational condition and wants of the Indian population of British Columbia.
May I request that you will bring this document under the early notice of your
Government, and communicate to me, for the information of His Excellency the
Governor-General, their views on the important subject therein referred to.
I have, &c,
(Signed)       Joseph Howe.
Enclosure.
70, Upper Berkeley Street, London, W.,
27th May, 1871.
My Lord,—I have the honour to ask your kind attention to the subject of
the welfare of the Native Race of British Columbia, who number some 50,000, and
live in villages scattered throughout the Colony.
For some years the Church of England has carried on Missions amongst them,
expending annually about £2,000 in four chief centres, in each of which two
Missionaries are at work.    These chief centres are—
1st.—The Chymseans and Nishtacks:
2nd.—The Tahkats:
3rd.—The Cowichans:
4th.—The Fraser and Thompson River Tribes.
The first of these is supported by the Church Missionary Society, the three
latter in part by that for the Propagation of the Gospel.
The result of this work is, that some 5,000 Natives are under instruction, and
many more ask for teachers. Industrial improvement is promoted, and some 300
gardens are a witness to considerable progress.
We have hitherto received no assistance from the Government, upon which
point I beg to quote the remarks of the Archdeacon of Vancouver. He says in a
letter to the New England Company, published in the Columbia Report for 1870:—
"The Government of this Colony has hitherto had no definite or tangible policy
" with regard to the Native Indian Tribes. They have preserved for them Crown
"Lands under the name of Indian Reserves; they have prevented their lands being
"encroached upon; they have in existence a Liquor Law, with penal clauses
" stringent and severe, but honored more in the breach than in observance. Beyond
" this they have done nothing so far as I know. There does not exist an Indian
" Hospital in the Colony to ameliorate the evils which contact with a too advanced
" stage of civilization has brought upon its unprepared victims. There may be
"insuperable obstacles in the way of any definite policy of preservation and develop-
" ment being adopted. I am bound to suppose that such obstacles do exist, other-
•- wise such negligence would make the very stones cry out for redress against
18 258 Papers relating to Indian Land Question. 1875
" wrongs of suffering humanity. Some such obstacles assuredly must exist, other-
" wise what is known here would scarcely be credited elsewhere. I have before
" me as I write, the Colonial Estimates for 1869. The estimated expenditure of the
" Government for that year is £122,250, and in that amount this item occurs—
" ' Expenses connected with the Indian Tribes -£100,' the Indians in the Colony
" being estimated by some at over 50,000, who pay duty on every article that they
" consume, if it has been imported into the Colony. I do not wish to say more on
"this point, neither have I said this by way of complaint; but I could scarcely
" have said less to make the New England Society realize the fact that little or
"nothing is done for the moral and social benefit of the North American Indians on
"this Coast, outside the circle of efforts of the various religious societies."
It has been computed that the Native Race contributes at least a fourth of the
revenue of the Colony, and it would appear to be only just, as well as politic, that
they should share with the Europeans in the Educational Grant. It will be of
advantage to the Colony if, before the influx of Emigrants which is expected in
connection with the Pacific Railroad, the Indian Tribes shall have been trained in
Christian principles and the arts of peace.
I would respectfully suggest that a grant be made for Indian improvement, and
dispensed through Missionary Societies under a Superintendent of Indian Affairs to
be appointed by the Government. I quote a precedent for this from the last annual
Message of President Grant, delivered to Congress in December last. He says—
'Reform in the management of Indian affairs has received the special attention of
'the Administration from its inauguration to the present day. The experiment of
' making it a Missionary work was tried with a few agencies given to the denom-
' ination of Friends, and has been found to work most advantageously. All agencies
' and superintendencies not so disposed of were given to Officers of the Army.
' The Acts of Congress reducing the Army, renders Army Officers ineligible for
- civil positions. Indian Agencies being Civil Offices, I determined to give all
'the Agencies to such religious denominations as had heretofore established
' Missionaries among the Indians, and perhaps to some other denominations who
'would undertake the work on the same terms, i. e., as a Missionary work. The
' Societies selected are allowed to name their own agents, subject to the approval
' of the Executive, and are expected to watch over them and aid them as Mission-
'aries to christianize and civilize the Indian and to train him in the arts of peace.
' The Government watches over the official acts of these agents, and requires of
' them as strict an accountability as if they were appointed in any other manner.
' I entertain the confident hope that the policy now pursued will, in a few years,
' bring all the Indians upon reservations, where they will live in houses, have
' school-houses and churches, and will be pursuing peaceful and self sustaining
'avocations, and where they may be visited by the law-abiding white man with the
' same impunity that he now visits the civilized white settlements. I call your
' special attention to the Report of the Commissioner of Indian .Aifairs for full information on this subject."
I am sorry to say that without Government assistance we shall be compelled
to break up some of our Mission work. Having been in England some months
incessantly labouring to obtain support, I have only partially succeeded, and am
about to return under the painful necessity of contracting instead of enlarging,
as I had hoped, the important work of Native improvements.
I have, &c,
(Signed)       G. Columbia. 39 Vic. Papers relating to Indian Land Question. 259
The Lieutenant-Governor to the Secretary of Slate for the Provinces.
Government House,
26th September, 1871.
Sir,—Having laid before my Executive Council your Despatch of the 21st
July, last, and the copy therewith transmitted of a letter addressed by the Bishop
of Columbia to the Secretary of State for the Colonies, respecting the educational
condition and wants of the Indians of this Province, and in accordance with your
request invited the expressions of their views thereon, I have now the honour to
forward herewith enclosed the minutes, which I have just received, conveying the
opinions and remarks of my Council on the matters referred to in the Bishop's letter.
2. I regard the charge of the Indians in this Province as among the most
critical and direct responsibilities, as well as among the foremost and most pressing
duties of the Dominion, as it has been of the Colonial Government; and I rejoice in
the hope and confident expectation that the increased financial means which it may
be anticipated will now be appropriated for the improvement of the condition of
our Indian population, may be so applied as to promote in reality their welfare,
spiritual and temporal.
3. But I cannot advise that the Federal Government should delegate to any
other body or bodies, whether religious or lay, the responsibility in this matter,
which is so especially its own. The success or failure of the endeavours which may
be made to ameliorate the social status of the Indian Tribes here, will depend most
materially, if not entirely, on the careful and wise selection by Government of its
Agent for the disbursement of the funds that may be set apart for this purpose,
rather than on the amount of such funds; and whilst I fully admit that it may be
advisable in some instances for Government to aid pecuniarily, and in other ways,
the educational work already commenced by Missionary Clergymen, or even to employ
such reverend gentlemen as special agents, yet I should deem the duty but ill
fulfilled if its efforts in favour of our Indian population be restricted to the subsidizing of the Missionary Churches, of whatever denomination, now established in
the Province.
4. All must acknowledge, as I do with thankful appreciation, the benefits conferred on the Indians—and which are reflected indirectly on the white population—
by the good work done among them at some Missionary Stations in British
Columbia, and most specially at two points with which I am well acquainted, viz:—
Metlahkatlah on the North-west Coast, and at St. Mary's on Fraser River. But the
civilizing and moralizing results attained at one at least of these places, I know to
be directly attributable—and I believe this remark is equally true in the other instance
above named by me—to the special fitness of the Missionary for the work he has
devoted himself to; to his courage, moral and physical, his zeal, self-denial, and
great administrative ability.
But, on the other hand, I cannot conceal from myself, and feel bound to state
without particularizing, that the instances of entire failure of Mission Stations to
produce any good results in their neighbourhood, have been as notable, and unhappily far more numerous, than the success we have to rejoice in.
5. As to the Indian policy hitherto of the Government of British Columbia, for,
although not a written code based on legislation, the policy of the Government in
Indian affairs has been "definite and tangible"—a well considered system, ably
devised by experienced men specially interested in favour of the Indians, to suit the
circumstances of this Country, and consistently carried out so far asthe pecuniary means
at command would admit of, (as proof of which I need only point to the remarkable
freedom from Indian disturbances, few in number as we have been, scattered
through this immense territory among some fifty thousand Indians). I would
observe, that in direct contrast with the Indian system of the United States, as stated
by President Grant, as the quotation from his Message contained in the Bishop of
Columbia's letter, that adopted in this Province does not appear to me to require 260 Papers relating to Indian Land Question. 1875
reform, but greater development. We need funds to provide tuition for our Indians
in the pursuits of civilized life, as well as in school-book education; and we still
more need special officers to superintend the expenditure of these funds; to take
charge of, and apportion out under careful regulation, the lands which have been
or may be set apart as Indian Reserves, or to sell or rent them for the benefit of
the tribes for whom they were reserved, and to act both as the defenders and
representatives of the Indians in all matters between them and the white population,
and as conservators of peace and order by the Indians among themselves and
towards the rest of our people. And, as much as, if not more than all else, we
require the means of carrying the Indian Liquor Law into effect, which can only be
done by providing a special preventive police for the purpose.
6. I deny that Archdeacon Reece's allegations quoted by the Bishop of
Columbia are well fouuded. With the highest respect for that gentleman's
ecclesiastical position, I must say that I cannot so highly estimate either the trustworthiness of his statement, or the soundness of the deductions he draws therefrom;
and although the passage cited from his letter to the New England Society may
have been well adapted to attract sympathy to the cause of the Indians in our
country, and thus to secure, as I trust it may have done, a full measure of material
aid to our Indian Mission Fund, I regret that it should have been brought so
prominently before me as to compel distinct confutation from me.
. 7. Similar imputations against the Government of British Columbia have been
advanced on previous occasions, and most particularly by Mr. W. S. Sebright Green,
by whom charges more exaggerated in degree, and far more objectionable in the
manner of their preferment, were made in a letter to the •'Aborigines Protection
Society," which was transmitted by the Secretary of State to Governor Musgrave
for his remarks, and on which I made a report by the Governor's request. A copy
of this report which was printed in the "Colonial Intelligencer" in reply to Mr.
Green's accusations previously inserted in that publication, and of the correspondence
on which it was based, is forwarded herewith*, as it conveys information on several
matters connected with the Indian affairs of British Columbia, and expresses my
opinion thereon in direct contravention of the Archdeacon of Vancouver's allegations
and of the inferences he makes. I will only acid further, in reference to the Archdeacon's criticism as to the remissness of the Government to provide that the Indians
who contribute so largely to our revenue should participate in the benefits derived
by the population from the expenditures—in support of which he cites that only
the insignificant sum of one hundred pounds appeared in the " Estimates for the year
1869," as appropriated for expenses connected with the Indian Tribes—that both
that Reverend gentleman and his Lordship the Bishop seem to have omitted from
consideration, that, although from the pecuniary inability of the Colony in the past
no such appropriations have been made as could have been wished, for the special
purpose of promoting the well-being of our Indian population, they have yet
partaken on equal, and in some cases on more than equal, terms with our white
people in all the advantages of civilization which we have brought to them, in the
use of the roads and trails throughout the country, which have cost us the whole of
our public debt, free of the tolls imposed in most cases on white people, cheapening
food to them, and bringing to their hands implements of husbandry and agriculture,
the chase and fishing, &c, which before they were without; and more especially in
the blessings which result from the preservation of law and order throughout the
country, instead of those scenes of bloodshed and robbery which prevailed formerly
among them, and amidst which their lives were passed in a state of constant dread
and uncertainty of life or property; nor again, is there at this moment any bar
whatever, that I am aware of, to their sharing in the sum voted in aid of Education
in the Province.
8. The strongest motives  of duty and interest combined to press upon the
Government, as upon each honest individual member of our community, the urgency 39 Vic. Papers relating to Indian Land Question. 261
of our striving by every means in our power, to advance the material and moral
condition of our Indian population. By such influences may we hope so to change
their habit of mind, that in a following generation they may become susceptible
of appreciating the truths of revealed religion; although, and I state it most regretfully, in my twenty years' experience among the Aborigines of this Coast, I have
not yet met with a single Indian of pure blood whom I consider to have attained to
even the most glimmering perception of the christian creed. In fact the idiosyncrasy
of the Indians of this country appears to incapacitate them from appreciating any
abstract idea, nor do their languages contain words by which such a conception
could be expressed.
9. But I contend that the policy which has prevailed in British Columbia since
its settlement by Europeans, has been essentially benevolent towards the Indians;
that the degree of civilization which we have introduced into their country has in
fact conferred infinite benefits upon them, although bringing with it all the evils
incidental to its vices; and that this system needs not change or reform, but only
increased means to bring out its real merits and capabilities. And chiefly I urge
that the grave responsibility which the Government of the Dominion has undertaken
towards these Indians and to the people of the Province in general respecting them,
should not be devolved on others from any consideration whatever.
I have, &c,
(Signed)       Joseph W. Trutch.
The Lieutenant-Governor to the Secretary of State for the Provinces.
Government House,
5th October, 1871.
Sir,—Acknowledging the receipt of your Despatch of the 19th August, asking
to be supplied with certain statistics on Indian matters in this Province, and with
maps of the various tracts of land held under reserve by Government for the use
and benefit of the Indians, I have the honour to acquaint you that the information
you desire is now being prepared in the Lands and Works Office, under the
direction of the Chief Commissioner, as far as it is practicable to furnish it from the
office records, and will he transmitted to you as soon as completed, which however
will not be for some considerable time yet, as the copying of the maps of Indian
Reserves is a lengthly undertaking.
I have, &c,
(Signed)       Joseph W. Trutch.
Ihe Lieutenant-Governor to the Secretary of State for the Provinces.
Government House,
3rd November, 1871.
Sir,—I have now the honour to transmit herewith a copy of a letter, and
accompanying tracings, from the Chief Commissioner of Lands and Works to the
Colonial Secretary, conveying, as far as it can be furnished from the Lands and
Works records, the information applied for in your Despatch of the 19th August,
the receipt whereof was acknowledged by me on the 5th ultimo.
2. I am not aware that any expenses have been incurred by the Lands and
Works Department in complying with your request in this matter, but should any
such expenses be charged in connection with the copying of the maps of Indian
Reserves I will defray any such reasonable charges from Dominion funds and acquaint you thereof, in order that you may obtain the vouchers for the same, which
will he forwarded from the Bank of British Columbia, and bring the amount to account in whatever manner you may deem fit. 262 Papers relating to Indian Land Question. 1875
3. As to the title by which the various Indian Reservations in this Province are
held, I may add to Mr. Pearse's letter that all these lands have been severally set
apart at various times for the use and benefit of the Indians resident thereon, or
who, being members of the particular tribe for which any such reservation was
created are entitled to participate therein, by order of the Governor, publicly notified in the Government Gazette, or in such manner as was held to be sufficient advertisement of such notice previous to the establishment of the Government Gazette.
4. The authority of the Governor for creating such, reservations was based up
to 1865, on the mainland portion of British Columbia, and up to 1870, in Vancouver
Island, on the power conferred on him, to this effect, by his Commission and the
Royal instructions, and since those dates on the provisions of the Land Ordinances,
1865 and 1870, respectively.
5. As I have already in my despatch to you, No. 20, of 26th September, treated
of Indian affairs at some length I will not at present enter into any further remarks
on this subject.
I have, &c,
(Signed) Joseph W, Trutch.
Enclosures.
The Chief Commissioner of Lands and Works to the Colonial Secretary.
Lands and Works Office,
Victoria, 16th October, 1871.
Sir,—I have the honour to acknowledge the receipt of your Instructions under
date of 5th September, to prepare tracings of the Indian Reserves existing in this
Province, together with statistics of the Natives generally.
I have now to transmit herewith a series of tracings lettered A to Q inclusive,
showing all the Indian Reserves which have been surveyed, together with a
Schedule showing the locality, number of section, general description, acreage,
name of tribe in whose favour each reserve has been made, also an Appendix one,
(1) showing what portions of any particular reserve have been leased to white men,
together with the terms of lease. Parts of the Songish Indian Reserve, opposite to
Victoria, have been so leased by Commissioners appointed by Sir James Douglas.
These leases have all expired or been cancelled,
A certain sum of money, Nineteen hundred and eighty-four dollars and eighty-
two cents, is now lying in the Treasury to the credit of this Reserve, and is constantly increasing.
The leases shown in the Appendix were executed by me, in virtue of the
authority of the late Governor, and are only binding so far as the Government may
have the power. The rents shown in the Appendix are clue from the date of each
respective lease. I have no statistics as to the number of Indians in each tribe, and
have no means of obtaining them. It would cost a great deal of time and money,
and would involve a visit to each Indian Village throughout the Province. There
are, especially in Vancouver Island, a great many tribes which have no Reserves
marked out either on plan or on the ground.
The "Land Ordinance, 1870," under which alone lands can be acquired by
intending settlers, especially exempts all Indian lands and settlements from its
operation. It has generally been the practice to lay out on the ground the Indian
Reserves synchronously with the settlement of the district by the whites. This
system has been found effectual and far less costly than that of surveying the
reserve all together, as they are naturally scattered and often at great distances
apart. In the latter case the posts and marks on the ground might become oblif>
erated before the white men advanced, as the Indians, though tenacious of their rights in the lands when once surveyed, will not take the trouble to perpetuate these
posts and marks, or to preserve them in any way.
Appendix two (2) shows the position of land included in the Quamichan
District (sheet B) which have been promised to certain settlers in the District with
the consent of the Natives.
There are various Missions established in different parts of the Province, but
as they are chiefly located on lands taken up under the Pre-emption Laws, I have
not reported them as existing, inasmuch as the Indians have no direct interest in
the land.
The Metlakahtlah Mission on the North-west Coast of the Province, is established on land specially reserved by the Government for the purposes and uses of
the Mission.
Other reserves can be made from time to time as may be found necessary.
No titles to lands held by the Indians have been issued.
The Executive has always exercised a general control and supervision over the
Indians and their lands, and has always prevented them from alienating in anyway
any portion of their reserves.
No Indian Reserveshave been laid out on Vancouver Island on the west side, and
none beyond Comox on the east side. No Indian Reserves have been laid out on
the coast of the Mainland beyond Burrard Inlet.
The total area of land laid out on the ground for the use of the Natives is
28,437 acres.
I have, &c,
(Signed)       B. W. Pearse.
ji^ 264
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HJ 39  Vic. Papers relating to Indian Land Question. 267
CORRESPONDENCE BETWEEN THE PROVINCIAL GOVERNMENT
AND THE SUPERINTENDENT OP INDIAN AFP AIRS.
The Superintendent of Indian A fairs to the Chief Commissioner of Lands and Works.
Victoria, October 28th, 18T2.
Sir,—I have the honour to request that you will furnish me, for the information
of the Dominion Government, with a statement or record of all the lands held oi
reserved for Indians of this Province by the Local Government; the extent, area,
and location of these lands; upon what terms held; and for the benefit of what
particular tribes.
I should feel obliged, if in your power, to send me a map or general plan of
these lands, together with such other particulars in respect to the same, or other
Indian matters, as may be in the possession of your Department.
I have, &c,
(Signed)       I. W. Powell.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, Oct. 31st, 1872.
Sir,—I have the honour to acknowledge the receipt of your letter of the 28th
inst., asking for full information—including tracings or plans—respecting the Indian
Reserves of this Province. Upon enquiry, I find that plans, together with a schedule of all the reserves, and a full statement of the policy pursued with regard to the
Indians, were forwarded to the Honorable the Secretary of State for the Provinces
some time last fall.
I shall, however, have much pleasure in showing you the different plans of the
reserves in my office; and any gentleman whom you may appoint for the purpose
can make tracings of them here.
I have, &c,
(Signed) Geo. A. Walkem.
The Superintendent of Indian A fairs to the Provincial Secretary.
Victoria, October 28th 1872.
Sir—I had the honour to-day of addressing a letter to the Hon. Chief Commissioner of Lands and Works, with a view of obtaining as soon as possible, for the
information of the Dominion Government, all particulars in respect to lands, &c,
reserved for the use and benefit of Indians in the Province by the Local Government.
May I beg of you, for the same reason, that I may be furnished with a statement of any and all matters appertaining to the past and present treatment of
Indians by the Provincial Government in possession of your Department. Can I
be supplied with any statistics as to the number and character of tribes and Indians?
Have treaties been made with any of the tribes, and if so, can I be furnished with
copies of the same? Has any encouragement been given to the establishment of
Indian Schools ? What has been the general policy of the Government in the
treatment of Indians ? Have any grants of money, periodical or otherwise, been
made by the Government ? Have presents been made to tribes or chiefs ? Has any
system of medical treatment been carried out with Indians ? 268 Papers relating to Indian Land Question. 1875
As it is the intention of the Dominion Government to establish, with as little
delay as possible, a branch in this Province of the Indian Department at Ottawa,
you will, I trust, perceive the great importance of supplying me with the fullest
particulars at your command, as soon as convenience will permit.
I have, &c,
(Signed)       I. W. Powell.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
November 4th, 1872.
Sir,—I am directed by the Lieutenant-Governor to acquaint you, in reply to
your communication of the 28th ultimo, requesting to be furnished with certain
information respecting the Indians of this Province, that maps of the Indian
Reserves are now in the hands of the Department at Ottawa, and that a Despatch
from His Excellency, dated January, 1872, is in the hands of the Secretary of State
for the Provinces, conveying full information on most of the topics alluded to in
your letter.
I have, &c,
(Signed)      A. R. Robertson.
The Superintendent of Indian Affairs to the Provincial Secretary.
Victoria, November 5th, 1872.
Sir,—I have the honour to acknowledge your letter of the 4th inst., in answer
to my communication of the 28th ultimo, in respect to certain matters connected
with the Indians of this Province, in which you state that a Despatch from His
Excellency, dated January, 1872, is in the hands of the Secretary of State for the
Provinces conveying full information of the topics alluded to in my letter.
As I am instructed to report upon the information referred to, with such
additional statistics as may be in my power to obtain pi'evious to the coming session
of the Dominion Parliament; and as the limited time at my command will not allow
of my obtaining Ilis Excellency's Despatch from the Secretary of State for the
Provinces, may I beg of you to be kind enough to furnish me with a copy of the
same at your earliest convenience.
I have, &c,
(Signed)       I. W. Powell.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
6th November, 1872.
Sir,—In reply to your letter of yesterday's date, requesting that you maybe
furnished with a copy of the Lieutenant-Governor's Despatch to the Secretary of
State for the Provinces, in relation to Indian affairs of British Columbia, I have the
honour to acquaint you that I have no access to His Excellency's Despatch, and
would therefore suggest that you should make application to the Governor direct
for the information you require.
I have, &c,
(Signed)      A. R. Robertson. 39 Vie. Papers relating to Indian Land Question. 269
The Superintendent of Indian Affairs to the Lieutenant- Governor.
Victoria, November 7th, 1872.
Sir,—Having been instructed by the Indian Department of the Dominion Government, to report "with as little delay as possible " upon the Indian tribes of
British Columbia, and especially to acquire from the Local Government information
as to the nature of any grants (if any) hitherto made to Indians, the number and extent of reservations, and for the benefit of what particular tribes, together with such
other matters as may appertain to the past treatment of Indians by the Colonial
Government,"
I addressed the Honorable the Chief Commissioner of Lands and Works and
the Honorable the Provincial Secretary on the 28th ult., with a view to obtaining
the same.
I am duly acquainted in their respective replies " that a full statement of the
policy of the Government towards Indians with such other information " as I had
the honour to request, was forwarded by your Excellency in a Despatch, dated January, 1872, to the Honorable the Secretary of State for the Provinces.
As my instructions were to obtain the information above referred to, for the
purpose of reporting upon it without delay, I again addressed the Hon. Provincial
Secretary requesting to be furnished with a copy of your Excellency's Despatch, and
he suggested in his further reply " having no access to it," that application should
be made direct to your Excellency.
I should feel greatly obliged, therefore, if consistent with official duty, your Excellency could provide me with the required information as contained in the despatch alluded to.
No doubt there may be much of additional import among the Government
archives, respecting past Indian difficulties, consequent treaties and other matters
connected with the administration of Indian affairs by former Colonial Governments.
I need not add how desirable such archives would be, in compiling reliable
statistics of Indian matters in this Province, nor how much I should be obligated by
any additional information which your Excellency's long official connection in British
Columbia may enable you to give.
(Signed) I. W. Powell.
Ihe Private Secretary to the Superintendent of Indian Affairs.
Government Plouse, B. C,
8th November, 1872.
Sir,—The Lieutenant-Governor directs me to acknowledge the receipt of your
letter to him of yesterday's date, and to state to you in reference thereto, that he is
assured by the Provincial Secretary and Chief Commissioner of Lands and Works tha
they will most readily afford you access to the documents recorded in their respective departments, from which you may obtain all the statistical information on the
subject of the past treatment of the Indians of British Columbia by the late Colonial
Government, which it is in the power of the Provincial Government to furnish, including particularly details of the several tracts of land held under reservation for
the use and benefit of various tribes throughout the Province, but that as the charge
of the Indians is not among the functions of the local Government no policy respecting their treatment has been adopted by that Government since the union of the
Province with the Dominion of Canada, all matters connected with Indian affiairs
having been directed by the Lieutenant-Governor, so far as any action has been
taken, as the Agent of the Indian Department of the Dominion Government. His
Honor's despatch to which the Provincial Secretary refers in the letter which you
mention having received from him does not, therefore, contain any statement of the
policy practised by the present Government of the Province towards Indians, nor 270 Papers relating to Indian Land Question. 1875
does it embody any such statistical details on the subject of Indian affairs on the
past as you may readily obtain from the offices of the local departments above referred to, but is mainly taken up with a presentment of His Honor's individual
opinions on the character of our Indian population on the system of past Governments
towards them, with comments on certain suggestions for the alteration of the system
which has been submitted for the consideration of this Government, and these views
His Honor will be happy to convey to you should you deem them worthy of your
attention, if you will do him the pleasure of calling upon him at any time to-morrow
or Monday morning that may be convenient.
I have, &c,
(Signed) Arthur Pinder.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, November 22nd, 1872.
Sir,—I have the honour to forward to you, for the use of the Indian Department, all the plans, books, and papers connected with the Indian Reservations of
Vancouver Island now in this Office.
You will be good enough to sign the enclosed receipt for the same.
I have, &c,
(Signed)       Geo. A. Walkem.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Office,
Victoria, December 5th, 1872.
Sir,—Shortly after your appointment as Superintendent of Indian Affairs in
November last, I had the honour of drawing your attention to the position of the
Chilcotin Reserve, and the desirableness of some steps being at once taken to map
out the Indian Reservations, and throw the country open to intending settlers.
On the 20th August, last, Mr. O'Reilly reported to His Excellency the Lieutenant-Governor the result of his conference with the three principal Chilcotin
Chiefs. They were then assured of protection, and that their tribes would not be
disturbed in the possession of their homes, and their hunting and fishing grounds;
and that the Dominion Government would provide them with the means of
education, and assist them in their agricultural pursuits. The nature, also, of the
Railway Survey, then initiated, was explained to them, and they were told that
they need not apprehend any loss as the result of such survey.
The Indians and one John Salmon had had a quarrel, which Mr. O'Reillyin-
vestigated—Salmon having recently pre-empted land in their midst. Mr. O'Reilly
then strongly advised this Government to reserve the District from further preemption, lest collisions of a more serious character should occur between the Indians
and intending settlers, and in order that the Dominion Government might have a
fair opportunity of specifying, by application, the tracts of land they required for
Indians.
On the 26th August, a Despatch was forwarded to the Dominion Government
urging immediate action, and the appointment of a Superintendent with instructions
to define the reservations necessary. It was also stated that all the lands had been
reserved for this purpose. No reply to this Despatch has been received, though
nearly four months must have elapsed since its probable receipt at Ottawa. 39 Vie. Papers relating tofLndian Land Question. 271
I understood from you in our last conversation upon this subject, that you had
written to the head of your Department for instructions; but I would take the
liberty of suggesting that you might, with advantage, authorize some person to
proceed to the Chilcotin country at once, and lay off, in a rough form, such reserves
asmay be required until a survey can be made and these lines be more clearly defined.
I have, at considerable trouble, gathered such information respecting the
country lying between Bute Inlet and Alexandria, as Mr. G. B. Wright, Mr. Smith,
Mr. O'Reilly, and other gentlemen could give me. They differ, however, materially
as to the wants of the Indians; and Mr. O'Reilly suggests that without amorespecif-
ic knowledge of the subject, it would be unadvisable to lay out reserves which might
be inappropriate and useless.
As you must be aware, it is highly undesirable that intending settlers should be
longer excluded from the District. I am therefore anxious for information as to the
extent and locality of the lands which your Department may require.
Permit me, therefore, to press upon your attention the suggestion which I
have made.
I have, &c,
(Signed)       Geo. A. Walkem.
Ihe Superintendent of Indian Affairs to the Chief Commissioner of Lands and Works.
Office of the Superintendent of Indian Affiairs,
Victoria, December 6th 1872.
Sir,—I have the honour to acknowledge the receipt of your letter of the 5th
instant, in respect to the desirability of laying off, without delay, a reservation of
land for the use of the Chilcotin Tribe of Indians, and suggesting "that I might,
with advantage, authorize some person to proceed at once to the Chilcotin Country
for that purpose," &c, &c.
In reply to the above, I beg to state that as yet I have received no instructions
in respect to the active duties of my office, and am therefore not in a position to
act definitely in regard to the subjects alluded to in your letter.
Appreciating, however, the great importance, not only to the future condition
of these Indians, but to the safety of the white settlers in that country, I should not
hesitate to take the responsibility of adopting your suggestions if it were possible
to do so at this season of the year with satisfaction. I am informed by parties
acquainted with the District, that at the present time the ground is covered with
snow, and that it would be impossible to take up land for reservation, or indeed
any other purpose, unless it had been previously sketched. I shall, however, take
the liberty of forwarding a copy of your letter to Ottawa for definite instruction in
respect to it, and shall be prepared to carry out your wishes, which I most fully
reciprocate, at the earliest practicable moment.
I have, &c,
(Signed)       I. W. Powell.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, 15th January, 1873.
Sir,—I have the honour to inform you that the Government propose taking off
the reservation in the Chilcotin Valley, and desire that you will acquaint them
officially with your views as to the reservations you may consider should be made
in that section for Indian purposes, and at your earliest convenience.
I have, etc.,
(Signed) Robert Beaven. 272 Papers relating to Indian Land Question. 1875
The Superintendent of Indian Affairs to the Chief Commissioner of Lands and Works.
Victoria, January 15th, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of this date,
acquainting me with the desire of the Government "to take off the present reservation in the Chilcotin Valley, and requesting my views as to the reservation I
"may consider should be made in that section, for Indian purposes."
In reply I beg to state that I consider the removal of the whole of the present
reservation would prove a fruitful source of Indian difficulty, were no special
Reserve provided for the Native Tribes, and of danger to the white settler who
might be sufficiently courageous to take up land in their country previous to such
Reserve being made.
Prom the best information at my command, however, I think the present
Reserve might be taken off that portion of the District extending from the mouth
of the Chilcotin on the Fraser River, to a point within (say) five miles of Alexis
Creek on the said Chilcotin River, excluding from the right of pre-emption any
Indian settlement which may exist between these points, (I am not aware of
any). Should the Government adopt this suggestion a large portion of the most
fertile part of the District in question, would be thrown open (I think without
danger) to white settlement. From the part still reserved, I will endeavour as
soon as practicable, to select the quantity of land necessary for a Chilcotin Indian
Reservation and for which I have now the honor of making application.
I have, etc.,
(Signed) I. W. Powell.
The Superintendent of Indian Affairs to the Provincial Secretary.
Victoria, February 4th, 1873.
Sir,—On the 7th of January, I had the honour of addressing a letter to his Excellency the Lieut.-Governor, in respect to the moneys which have accrued from the
Songish Indian Reserve, and was informed in reply, "that the Honorable the Provincial Secretary would furnish me with the information desired."
I perceive, by reference to the reserve books, that on the 3rd of September,
1869, the sum of $1,984 82 was paid by the Commissioners of Reserve to the Hon.
J. W. Trutch, C. C. L. & W., which amount I presume was then paid into the
Colonial Treasury.
As I have no account of the further disposition of this sum nor of the moneys
collected since 1869, may I beg that you will have the goodness to acquaint me
with the same, for the information of the Indian Department in the matter referred
to. I have, &c,
(Signed) I. W. Powell,
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretarv's Office,
5th February, 1873.'
Sir,—I have the honour to acknowledge your letter of the 4th inst., referring to
the moneys which have accrued from the Songish Indian Reserve.
In reply, I have to inform you that no money has been paid into the Provincial
Treasury since Confederation, on account of the said reserve, and that you have been
rightly informed as to the disposition of the balance of $1,984.82 paid on the 3rd September, 1869, by the Commissioners of Reserve to the Chief Commissioner of Lands
and Works. This sum was paid into the Colonial Treasury, formed part of the assets
of the Colony at the date of Confederation, and was taken over by the Dominion
Government. I have, &c,
(Signed) John Ash. 39 Vie, Papers relating to Indian Land Question. 273
Ihe Superintendent of Indian Affairs to   the Provincial Secretary.
Indian Department,
Victoria, February 7th, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of the 5th
inst., informing me that the Indian Reserve Fund of $1,984 82 paid into the Colonial Treasury in Sept. 1869, "formed part of the Provincial assets at the date of Confederation, and was taken over by the Dominion Government."
Injustice to the Indians the amount could not, in my opinion, be considered as
Provincial revenue nor assets, but belonged to the Songish tribe of Indians, and
formed a special deposit in the Treasury—merely for safe keeping.
I should be glad if you will kindly acquaint me, if this sum has special mention
in the schedule of assets, or by whom it was taken over for the Dominion Government, as I shall be thereby enabled to have the amount placed to the credit of the
Indian Department of this Province.
I may further add that the remainder of this fund collected by Mr. Pearse and
myself has been so deposited.
I have, &c,
(Signed) I. W. Powell.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
26th February, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of the 7th
inst., respecting the Indian Reserve Fund.
In reply, I have to inform you that I can find no evidence of any special mention having been made in reference to the specific sum of $1,984, which was the
balance of Songish Indian Reserve Fund, 1869, nor of any action in regard thereto
having been taken to distinguish it from the ordinary Revenue, when it was paid
into the Colonial account with the Bank of British Columbia.
I have, &c,
(Signed) John Ash.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, 16th April, 1873.
Sir,—I have the honour to inform you that constant complaints are being made
to me by parties desirous of pre-empting land at Alberni, that the Indians in that
locality claim the lands as their property, and threaten to molest parties occupying
said land. Now it is almost impossible to prevent some parties going in there,
and I have therefore to call your attention to the imperative necessity of at once
having all Indian land claims settled, not only at Alberni, but in other parts of the
Province. There are at present numerous parties desirous of settling in British
Columbia, but the fact of Indians being located in almost every District where
white settlers would wish to locate is preventing many from doing so, and is consequently retarding the settlement of the Province. I must therefore, most respectfully but urgently, request your earliest attention to this subject, as delay at
this juncture may be a very serious matter to this Province.
I have, etc.,
(Signed) Robert Beaven.
19 274 Papers relating to Indian Land Question. 1875
Ihe Superintendent of Indian Affairs to the Chief Commissioner of Lands and Works.
Department of Indian Affairs,
Victoria, April 17th, 1873.
Sir,—I have the honour to acknowledge your letter of the 16th inst., in respect
to apprehended trouble at Alberni with Indians, and the wish of the Government
to have all Indian land Reserves made with the least possible delay, etc., etc.
In reply I have the honour to enclose excerpts from a Copy of an Order in
Council just received by me, and I shall be glad to confer with you in regard to
the subject of your letter whenever convenient to yourself.
I have, etc.,
(Signed) I. W. Powell.
Enclosure.
Excerpts from Copy of a Report of the Honorable the Privy Council approved by His
Excellency the Governor-General in Council on the 21st of March, 1873.
The Committee have had before them a Memorandum from the Deputy
Superintendent General of Indian Affairs, submitting a letter from I. W. Powell,
Esq., local Superintendent in British Columbia, relative to apprehended difficulties
with Indians at Alberni, etc., etc., etc.
The Deputy Superintendent General accordingly suggests that each family be
assigned a location of 80 acres of land of average quality, which shall remain permanently the property of the family for whose benefit it is allotted.
That it is a matter of urgent importance to convince the Indians of that Province that the Dominion Government will do full justice to the rights of the
Indian population, and thus remove any spirit of discontent which in various
quarters appears to prevail.
That authority be at once given to Mr. Powell to confer with the Local
Government in regard to Indian Reserves already set apart, which may require to
be extended and the outlines marked out in survey, also for setting apart such
additional reserves, as in his judgment he may deem to be important, for the purpose of fulfilling the just expectations of those Indians, etc., etc., etc.
Certified,
(Signed) W. A. Himsworth.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Office,
Victoria, April 18th,1873.
Sir,—I have the honour to request that you will furnish me with a return
showing the name and number of individuals and families in every Indian Tribe,
and the total Indian population and number of families in each District in the
Province; specifying also the name and locality of all Indian Reservations, and the
acreage of such reservation claimed by you on behalf of the various tribes; distinguishing (in the manner requested above) Indians whose present abode is on land
other than known Indian Reservations, and the acreage desired for them.
I have, &c,
(Signed)       Robert Beaven. 89 Vic. Papers relating to Indian Land Question. 275
The Superintendent of Indian Affairs to the Chief Commissioner of Lands and Works.
Department of Indian Affairs,
Victoria, April 19th, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of the 18th
instant, requesting " that I will furnish you with a return showing the name and
number of individuals and families in every Indian Tribe, and the total Indian
population and number of families in each District in this Province; specifying the
name and locality of all Indian Reservations claimed by me on behalf of the various
tribes," &c. &c, &c.
In reply, I beg to state that a return showing the names of the individual
population of Indians in this Province is quite unattainable, except under the most
extraordinary circumstances—certainly not now at my command.
•* A return showing the number of families in every tribe," and the name of
each head of every family who would have the right to a certain portion of reservation land, can only be known after the Indian Department has been fully
established in this Province by Statute, and by means of local agencies, &c, becomes
possessed of the means of securing a correct and reliable census in this respect.
With the crude information in my possession at present, I estimate the total Indian
population of the Province to be 28,500—possibly an accurate enumeration may
hereafter prove even this number to be too large an estimate.
In regard to a -- return showing the names and locality of all Indian Reservations, and the acreage of each claimed by me," I beg to refer you to a schedule
(furnished me by your predecessor) and maps at present in the Land Office, a copy
of which I have in my possession.
I have, &c,
(Signed)       I. W. Powell.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Office,
Victoria, 19th April, 1873.
Sir,—Complaint has been made to me by Mr. Edward Marriner, of CoAvichan,
that some of the Clemclemalut Indians are fencing in about 5 acres of his land which
is included in his Crown Grant. He asserts that the Indians are well aware that it
is his (Marriner's land), but that they state that they require it for the use of
their cattle.
I have, &c,
(Signed)       Robert Beaven.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Office,
Victoria, 30th April, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of the 17th
instant, with enclosures. In regard to the suggestion shall " each family be assigned
a location of 80 acres of land," it will be found in the first place necessary to define
the number as applied to the term "family," and would suggest that we adopt the
rule in use in the North-West*Territory, viz:—" six " as applied to that term; but
in doing so, consider that 80 acres is far too large an average for each family of six.
The reservations so far in this Province have averaged about six acres to each
family—taking the population at your figures and the acreage of present reserves.
I have, &c,
(Signed)      Robert Beaven. 276 Papers relating to Indian Land Question. 1875
Ihe Superintendent of Indian Affairs to the Chief Commissioner of Lands and Works.
Department of Indian Affairs,
Victoria, May 12th, 1873.
Sir,—As the possession of field notes of the various lands reserved for Indians
would greatly facilitate defining the boundaries and regulating the same, may I beg
that you will kindly furnish me with copies of those in the Lands and Works Office.
I have, &c,
(Signed) I. W. Powell.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, May 14th, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of the 12th
instant, and find upon investigation that much delay will take place if you are
obliged to wait for the field notes referred to, until they can be made by our present
staff in the Land Office—their time being fully occupied with other work ; and as
no doubt you are anxious that as little delay as possible should take place, in order
to assist you I shall be happy to place a desk in the office at the disposal of any
gentleman you may authorize to take copies of the said field notes.
I return copy of Indian Reserves.
I have, &c,
(Signed)       Robert Beaven.
The Superintendent of Indian Affairs to the Lieutenant-Governor.
Department of Indian Affairs,
June 21st, 187.3.
Sir,—I have to address Your Honour in respect to the urgent necessity of
adjusting existing Indian Reserves—extending them where required, and of setting
apart Indian lands for tribes not now provided for—and should the arrangements
proposed by the Dominion Government be satisfactory to the Government of the
Province, that I am now ready to proceed with the necessary surveys.
I am informed at different places, just visited by me, that in some instances
great injustice has been done the Indians in not reserving sufficient land for their
use, and in some cases, such as Comox, Chemainus, &c, land actually occupied by
Indians, as potatoe patches, &c, has been pre-empted by white settlers and certificates granted.
From these causes abundant discontent prevails among Indians, both on the
Island and Mainland, and I regard it as a matter of urgent and paramount importance, not only to the future peaceful settlement of the Province by whites, but as
a matter of justice to the Indians themselves, that their complaints should be adjusted and reserves also made for them in those parts of the Province where they do
not at present exist.
I have^also the honour to enclose a copy of an Order in Council relating to these
Indian Lands, empowering me to confer with the Local Government, and I shall
be glad if Your Honour will take such steps in regard to the same as may be deemed
expedient.
I beg further to enclose a letter received by me from Mr. Ld. Loewenberg, who
has been acting as agent and collector for the Songish Reserve, and shall feel
obliged if Your Honour will cause the same to be transmitted to the Honourable
the Provincial Secretary, with a view to my obtaining the papers in queston, or any
others in possession of the Government relating to the Indian affairs of the Province.
I am, &c,
(Signed) I. W. Powell. 39  Vie. Papers relating to Indian Land Question. 277
Enclosure No. 1.
Excerpt from a Copy of the Report of a Committee of the Honorable the Privy Council,
approved by His Excellency the Governor-General in Council, on the 21st March,
1873.
The Committee have had before them a memorandum, from the Deputy Superintendent-General of Indian Affairs, submitting a letter from I. W. Powell, Esquire,
Commissioner at Victoria, British Columbia, relative to difficulties apprehended
with Indians at Alberni.
The Deputy Superintendent states that the apprehended trouble appears to
arise (as shown by correspondence, copiesof which the Superintendent has furnished)
in consequence of the sale of lands in that locality having been made by the Local
Government to Messieurs Anderson & Company, and a contention on the part of
two settlers who had attempted to pre-empt laud at that place.
That it would seem no reservation for the Indians had been made there, nor
other satisfactory arrangements entered into with them, &c, &c, &c.
That this and other communications transmitted by Mr. Superintendent Powell
prove the absolute necessity of his being empowered to confer with the Local
Government, with a view to sufficient reserves on a liberal and just scale being set
apart and marked off in survey for the various bands of the Province.
The Deputy Superintendent-General submits, therefore, that authority be at
once given to Mr. Powell, to confer with the Local Government in regard to Indian
Reserves already set apart which may require to be extended and the outlines
marked out in survey. Also for the setting apart such additional reserves as in his
judgment he may deem to be important, for the purpose of fulfilling the just expectations of those Indians; and he accordingly suggests that each family be assigned
a location of eighty acres of land of average quality, which shall remain permanently the property of the family for whose benefit it is allotted.
On the recommendation of the Honourable; the Secretary of State for the
Provinces, the Committee advise that the suggestions submitted in the foregoing
memorandum of the Deputy Superintendent be approved and acted upon.
Certified,
(Signed)      W. A. Himsworth.
Clerk, Privy Council
Enclosure No. 2.
Mr. Ld. Loewenberg to the Superintendent of Indian Affairs.
Victoria, B. C,
June 20th, 1873.
Sir,—Amongst the papers which you hold in the affairs of the Indian Reserve
are certain documents and correspondence missing, which are necessary for you to
have in order to find out on whom notices were served for the surrender and renewal of leases to the said reserve. These notices were served at the time when His
Excellency the Governor was yet Commissioner of Lands and Works, and I have
no copies thereof and am without data. I have reason to believe that those papers
are in the Office of Lands and AVorks. It is necessary for me, in order to make
arrangements with the applicant for a lease to a part of the Indian Reserve, to have
these papers, and especially the list of the parties to whom notices had been served.
I have, &c,
(Signed) Ld. Loewenbero. 278 Papers relating to Indian Land Question. 1875
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
15th July, 1873.
Sir,—I have the honour to forward herewith for your information, copy of a
complaint made by "Gustinama," a Kootenay Chief, before Mr. Booth, from which
you will perceive that he claims the whole of that District. It would, therefore,
appear desirable that the rights of the Indians in that quarter should be defined.
As disputes have already arisen between the whites and Indians at Kootenay,
the case is an urgent one, and I am directed to express a hope that you will be enabled to visit the locality at an early date.
I have, &c,
(Signed) John Ash.
The Superintendent of Indian Affairs to the Provincial Secretary.
Department of Indian Affairs,
Victoria, July 16th, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of the 15th
inst., enclosing a copy of complaint made by a Kootenay Chief, and expressing the
desirableness of having the rights of Indians defined and the consequent urgency of
a visit to the locality, etc.
In reply, I have to state that application has been made by me, some little
time since, for the allotment of lands by the Provincial Government for Indian purposes customary in other parts of the Dominion. I am of opinion, therefore, that
until a satisfactory arrangement has been arrived at by the Local Executive, little
can be clone in the way of defining rights to which you allude, nor can I think that
in the meantime any further official visitations to Indian tribes with a view to the
settlement of land disputes would be advisable.
I have, &c,
(Signed) I. W. Powell.
I he Superintendent of Indian Affairs to the Provincial Secretary.
Department of Indian Affairs,
Victoria, July 22nd, 1873.
Sir,—I have the honour to enclose a letter from the Rev. Father McGucking,
relative to an Indian murder said to have been committed at Bella Coola.
Should the Government deem it a matter for police enquiry, I shall be glad to
give any assistance in my power, though I may add that during my recent official
visit to the Bella Coola Indians, I heard nothing whatever of the occurrence alluded to.
I have, &c,
(Signed) I. W. Powell.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by
His Excellency the Lieutenant-Governor, on the 25th day of July, 1873.
The Committee have had under consideration the letter of I. W. Powell,
Esquire, Superintendent of Indian affairs in this Province, dated 21st June, 1873,
and covering an excerpt from an Order in Council of the Dominion Government,
which matters have been referred to them by Your Excellency.
The letter of the Superintendent of Indian Affairs urges the adjustment of
existing Indian Reserves, their extension where requisite, and the setting apart of 39 Vic. Papers relating to Indian Land Question. 279
Indian lands for tribes not now provided for. The Order in Council of theDominion
Government authorizes the Superintendent to make the application, and specifies
that it is advisable that to each Indian family should be assigned a location of eighty
acres of land of average quality.
The Committee remark that this quantity is greatly in excess of the grants
considered sufficient by previous Governments of British Columbia, and recommend
that throughout the Province Indian Reserves should not exceed a quantity of
twenty acres of land for each head of a family of five persons.
Certified,
(Signed) W. J. Armstrong,
Clerk. Executive Council.
The Provincial Secretary to the Superintendent oj Indian Affairs.
Provincial Secretary's Office,
28th July, 1873.
Sir,—I am directed to acknowledge the receipt of your letter of the 21st June,
addressed to the Lieutenant-Governor on the subject of Indian Reserves, and with
reference to that part which more particularly refers to the acreage allowed to each
family, I am to acquaint you that the Provincial Government is unable to concur in
the views expressed in the Order in Council, of which you enclose a copy, to the effect
that 80 acres should be assigned to each family. This quantity is greatly in excess
of what has been found to be sufficient by previous Governments, and the Government has decided that throughout the Province the land to be reserved for Indians
should not exceed 20 acres of land for each head of a family of five persons.
I have the honour, therefore, to notify you that all future reserves for Indians
will be adjusted on the basis of twenty acres of land for each head of a family of
five persons.
I have &c,
(Signed) John Ash.
The Superintendent of Indian Affairs to the Provincial Secretary.
Department of Indian Affairs,
Victoria, July 29th, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of the 28th
inst., acquainting me with the desire of the Provincial Government that all future
Reserves for Indians should be " adjusted on the basis of twenty acres of land to
each head of a family of five persons. "
I am not aware that any restriction of the kind is customary in the other provinces
of the Dominion, and, before communicating the same to the Department at Ottawa,
may I beg of you to inform me as to whether it is intended to restrict the proposed
grant of twenty acres of land to a family " of five persons " and, if so, the particular
quantity of land which maybe reserved for a family of two, three, four, six or more
persons.
I have &c,
(Signed)       I. W. Powell.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
1st August, 1873.
Sir,—In reply to your letter of the 29th ultimo, requesting that you might
be informed as to whether it is intended to restrict the proposed grant of twenty 280 Papers relating to Indian Land Question. 1875
acres to a family of five persons (the decision of the Provincial Government as to
the extent of Indian Reserves, as communicated to you in a letter from this Department of the 28th ultimo), and, if so, the particular quantity of land which may
be reserved for a family of two, three, four, six or more persons, I am directed to
acquaint you that the intention of the Government in regard to Indian Reserves is
as follows : That to each five persons there shall be allotted twenty acres of land.
I have, &c,
(Signed)       John Ash.
The Superintendent of Indian Affairs to the Provincial Secretary.
Department of Indian Affairs,
Victoria, August 23rd, 1873.
Sir,—Referring to your letter of the 28th July, I have the honour to state that
I am authorized to accept the proposition of the Government to make the quantity
of land to be hereafter reserved for each Indian family in the Province twenty
acres. As the restriction of twenty acres to each family of five persons, besides
being quite unusual in other Provinces of the Dominion, would tend much to complicate matters in connection with Indian lauds, I am to express the hope that the
Government will not insist upon the acreage referred to being confined to any
specified number of persons in a family, and should be glad to have your early
reply in regard to the same.
I remain, &c,
(Signed)       I. W. Powell.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
27th August, 1873.
Sir,—With reference to your letter of the 23rd instant, on the subject of the
amount to be allotted as Indian Reserves, I have the honour to acquaint you that the
matter will receive attention and a reply be conveyed to you immediately on the
return of the Lieutenant-Governor.
I have, &c,
(Signed) John Ash.
The Superintendent of Indian Affairs to the Lieutenant- Governor.
Department of Indian Affairs,
Victoria, 27th October, 1873.
Sir,—I have the honour to enclose a copy of a letter received from the Honourable the Minister of the Interior, respecting the Songish Indian Reserve.
May I beg that your Honour will have the goodness to take such steps in the
matter as may enable me to carry out the requestcontained therein.
(Signed) I. W. Powell.
Enclosure.
The Deputy Minister of the Interior to the Superintendent of Indian Affairs
Ottawa, 29th September, 1873.
Sir,—Referring to your letter of the 27th ultimo, calling attention to your
former letter of the 28th February last, on the subject of certain moneys belonging
to the Songish Indian Reserve, I have the honour to enclose a copy of a communication received to-day from the Department of the Minister of Finance, shewing
that, in accordance with your request, the amounts remitted in your letters above 39 Vic. Papers relating to Indian Land Question. 281
referred to have been placed to the credit of the British Columbia Indian Funds.
The Superintendent-General directs me to add that he entirely coincides with
you in thinking that it would be desirable, in the interest of the Indians and of the
public generally, that the Songish Reserve in the neighbourhood of Victoria
should be leased, or otherwise disposed of, for the benefit of the Songish, and
another Reserve secured for them more suitable for agricultural purposes. The
Superintendent-General does not think that the new Reserve should be, as you
seem in your printed report to suggest, in the neighbourhood of Victoria, but
would prefer it some distance from the city, with a view to avoid the very serious
evils to which the proximity to the city of the present Reserve has given rise.
The Superintendent-General would be glad that you should consult the wishes
of the Lieutenant-Governor and the Local Government on this whole question, and
he will be prepared to consider carefully any scheme which you may submit after
such consultation.
You will, of course, report as to the superficial extent, the position and character of the soil of the Reserve to which you would propose to transfer the
Soughees.
I have, &c,
(Signed) E. A. Meredith.
The Attorney-General to the Superintendent of Indian Affairs.
Executive Council Chambers,
November 5th, 1873.
Sir,—His Honour the Lieutenant-Governor has referred your letter of the 27th
ult., with its enclosure, to the Executive Council for consideration.
Will you favour me with information upon the following points as soon as convenient :—
What is the  strength of the Songish tribe ? distinguishing the sexes, and
adults and children.
What is the area of their reserve ?
Where do you propose to locate the tribe if the reserve at Victoria be sold or
leased ?
Would it be advisable, if their reserve be sold, to purchase land partially cultivated or wild land ?
Where would the Indians visiting Victoria with furs, etc., from the north encamp should the present reserve be sold ?
Do you propose to provide for such visiting tribes ?
I have, &c,
(Signed) Geo. A. Walkem.
The Superintendent of Indian Affairs to the Attorney-General.
Department of Indian Affairs,
Victoria, November 6th, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of the 5th
instant, respecting the Songish Indians, and requesting, on behalf of the Honourable
the Executive Council, information upon the following points :—
1st.—What is the strength of the Songish Tribe? distinguishing sexes, adults,
and children.
2nd.—What is the area of the reserve ?
3rd.—Where do you propose to locate the tribe, if the reserve at Victoria
should be sold or leased ? 282 Papers relating to Indian Land Question. 1875
4th.—Would it be advisable, if their reserve be sold, to purchase land partially
cultivated, or wild land ?
5th.—Where would the Indians visiting Victoria with furs, &c, from the North,
encamp should this reserve be sold ? Do you propose to provide for such visiting
tribes ?
In reply to the above, I have the honour to state—
1st.—The strength of the Songish Tribe is about 120—45 men, 45 women, and
30 children.
2nd.—The reserve contains about 112 acres (much of which of course is unfit
for cultivation).
3rd.—I think the purchase of partially cultivated land preferable, or what is
still better, one of the outlying Islands, where buildings might be erected for them.
The sale or lease of their present reserve would justify, in my opinion, the expenditure of any sum deemed necessary for their permanent improvement and comfort.
4th.— Very few of the Northern Indians comparatively now bring down furs,
&c, to Victoria—especially those from Queen Charlotte's Island—of whom we have
the greatest number making regular sojourns here. Invariably (as I learned by
personal inspection of their camp during the past summer) they bring down their
young women only, many of them girls from 10 to 14 years of age, for the purposes
of prostitution—the men remaining here for some three or four months simply as
procurers or pimps. I do not hesitate to add, that two-thirds, if not more, of the
Indian retail traders in Victoria depend for support upon the open prostitution
carried on within the confines of the City. All the Indian liquor manufactured and
sold in Victoria is purchased with means derived from the same source. Next to
the City itself, where there is no Municipal regulation preventing or controlling the
vice alluded to, the present Songish Reserve is the greatest depot for its encouragement and continuance.
5th.—In case of the sale or lease of the present reserve, I should recommend
that a small portion somewhere near the entrance to the Harbour should be, for the
present, retained. This would be kept in the care and under the control of the
Indian Department; and besides being available for the legitimate camping visits of
all tribes, would be serviceable for an Indian Hospital or House of Refuge so
desirable here. I have, &c,
(Signed)       I. W. Powell.
Ihe Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Office,
Victoria, 14th Dec, 1873.
Sir,—I have the honour to point out to you that certain Indians in Cowichan
District have threatened to shoot a respectable settler, Mr. A. Dods, in consequence
of his residing upon Section 2, Range 2, Cowichan District, and to suggest to you
whether it would not be advisable to prevent a recurrence.
I have, etc.,
(Signed)       Robert Beaven.
The Superintendent of Indian Affairs to the Chief Commissioner of Lands and Works.
Department of Indian Affairs,
Victoria, 15th December, 1873.
Sir,—I have the honour to acknowledge the receipt of your letter of the 12th
inst., acquainting me of threats made upon the life of a settler at Cowichan by Indians in that District.
In reply, I beg to state that it is my intention to proceed to Cowichan at an
early date, when I hope to settle the difficulty you refer to amicably to all parties.
(Signed; I. W. Powell. 39 Vie. Papers relating to Indian Land Question. 283
Attorney-General  Walkem to the Superintendent of Indian Affairs.
Attorney-General's Office.
26th December, 1873.
Sir,—As I am aware that your attention has been drawn to the Cache Creek
telegram, reported in the Dominion Herald, stating that the Indians had assumed
a hostile attitude to the whites, I need not of course further refer to its substance.
I feel it my duty, however, to state that the matter is of a character too serious to be overlooked. From enquiries I have made, I find that one Mr. Ranald
McDonald, who lives near Cache Creek, has informed Mr. Barnston by letter that
the real cause of the discontent is the fact that you have not paid them a visit, and
that they feel that they have been neglected by the Indian Department. Coming
from such a source, I believe the information to be correct, and, under the circumstances, permit me to say that an immediate personal visit by you is due to the
whites as well as to the Indians, as the threatened danger may thus be easily
averted, without expense or—the still more serious contingency—loss of life. I
take the liberty of pressing the suggestion upon your attention at once, as the prevention by such simple means is far more desirable than any future remedy which
may be devised to meet losses which it may be beyond human power to repair or
redress. I have, &c.
(Signed)       Geo. A. Walkem.
The Superintendent of Indian Affairs to the Attorney-General,
Indian Office, Victoria,
. 29th December, 1873.
Sir,—I have the honour to acknowledge your letter of the 26th instant, respecting threatened Indian troubles at Cache Creek, and calling my attention to a
letter received by Mr. Barnston from one Ranald McDonald. In reply I have to
state that it is my intention to proceed to New Westminster to-morrow morning
(should I receive no telegram to the contrary during the day), and, if upon further
enquiry, I find that the report has any reliable basis, my journey will be extended
to Cache Creek at once. At the same time, you will permit me to donbt the correctness of the authority you quote, especially since there are so many gentlemen
lately from the district in question, at present in this city, who can give more
valued evidence. From all I can learn, the fear that they will lose their land and
not be sufficiently provided for in this respect, is the real cause of disturbance if,
indeed, there be any among the Indians.
May I beg to bring to your notice a letter addressed by me to the Honourable
Provincial Secretary on Saturday, on the subject of these lands, and to solicit the
action of the Government thereon, if possible, at once. Again I have to express
the hope that no extensive leases of grazing lands in the vicinity of Indian habitations, will be given by the Government until their reserves are fixed, and, I assure
you, the most fruitful source of anxiety or fear of injustice on their part will be
avoided. I have, &c,
(Signed)       I. W. Powell.
The Superintendent of Indian Affairs to the Attorney-General.
Indian Office, Victoria,
26th December, 1873.
Sir,—I have the honour to request that you will allow the Superintendent of
Police to proceed to Cowichan for the purpose of ejecting two or three Indians who
are trespassing upon the lands of white settlers—Messrs. Dods and Munro.
I propose that Mr. Sullivan may act in the matter in connection with the local
Magistrate, (Mr. Morley), and I may add that any expenses incurred by the Superintendent will be borne by this Department.
(Signed) I. W. Powell. 284 Papers relating to Indian Land Question. 1875
The Superintendent of Indian Affairs to the Provincial Secretary.
Indian Office, Victoria,
27th December, 1873.
Sir,—In view of a possible visit to Cache Creek and other Indians, among
whom there are rumours which have reached me of threatened trouble, I have the
honour to request that the quantity of land to be reserved for Indians east of the
Cascades should be forty acres for each Indian family, instead of twenty, as agreed
upon.
My reason for applying for the increased quantity is, that the interior Indians
are nearly all possessed of horses and cattle, and I am convinced that twenty acres
would not be found to be sufficient.
Should a personal inspection prove the correctness of my impression on this
matter, it would be both highly important and practical in quieting all their fears
of future injustice, if I could promise that an additional quantity of land would be
laid aside for the grazing purposes of each tribe.
I might remind you that this principle is recognized in the present pre-emption
law for white settlers, where 320 acres are allowed each individual east of the Cascades and 160 acres west of the same.
I have, &c,
(Signed)        I. W. Powell.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
29th December, 1873.
Sir,—I have the honor to acquaint you with reference to your letter of the
27th inst., conveying a suggestion that the grant to a native family should be increased on the east side of the Cascade Range to from twenty to forty acres of land,
that large reserves of land have already been made in these districts.
The subject, however, will receive the mature consideration of the Government, meanwhile I have to request you will be good enough to confer with the
Attorney-General on the subject.
I have, etc.,
(Signed) John Ash.
Ihe Attorney-General to the Superintendent of Indian Affairs.
Attorney-General's Office,
December 29th, 1873.
Sir,—Your letter of the 27th inst., to the Honourable Provincial Secretary,
asking on behalf of the Indians east of the Cascade Range, for tracts of forty instead of twenty acres of land as a bonus to each family, has been referred to me
with instructions from the Committee in Council to confer with you upon the subject.
I called at your office and at your dwelling about 2\ p. m. to-day, but was not
fortunate enough to find you.
I have since received your letter of this date, informing me of your determination to proceed to-morrow by steamer to New Westminster, and thence to Cache
Creek (should you receive no replies to your telegrams), to confer with the Indians
of the interior. Permit me to say that I feel convinced that you have acted wisely
in this serious matter. I would, however, suggest that no matter what peaceful
assurances you may receive by telegraph, that it would be better to pay the Indians
a visit than to stop short at New Westminster.
The Indians are certainly entitled to such a small piece of attention, accomplished too at such small expense, though it must be admitted that you cannot but
encounter personal discomfort by reason of the inclemency of the weather. 39 Vie. Papers relating to Indian Land Question. 285
As to the extra twenty acres asked for by you, as above stated, I have the
honour to draw your attention to the list of, really in some instances, enormous, and
in all cases, sufficient reserves, already laid aside for the Indians residing near
Cache Creek, Kamloops, Okanagan, Shuswap, and other places. They cannot be,
and as I have been credibly informed are not, dissatisfied with the amount of land
allotted to them. On the contrary you will, after looking at your plans copied
from the official records, agree with me that many of the reserves must be cut
down, being out of all proportion to the strength of the tribes to which they have
been respectively granted in days gone by, when land in the vicinity referred to
seems to have been considered of little value.
When the reserves near Cache Creek, and some of the other places mentioned,
were set apart, a conference was held with each of the Chiefs before any decision
was arrived at. Their views were ascertained and their wishes were fully consulted.
A parchment sketch of each reserve, enclosed in a tin case, was handed to them,
and they expressed themselves entirely satisfied. The tribes now dread the idea of
being placed upon and confined to these reserves, as they have ascertained that the
Indian Department intend, if possible, to carry out such a course.
The Indians speak freely upon the subject, and intimate their intention of
resisting such a step. This is the cause of their dissatisfaction, and they wish to
see you about it.
They are fully aware of your appointment and position, and to my personal
knowledge they have expected a visit from you for nearly eight months back.
■ They, moreover, expect the usual presents from you as the representative of
the great Chief, and in this I would respectfully suggest that you do not disappoint
them. A few hundred dollars' worth of blankets, clothing, food, &c, would be
well laid out if given to them.
I trust that you will excuse me for thus trespassing upon questions of an official
character, of which you must necessarily possess a more intimate knowledge than I
do. It is only a suggestion which I venture to make, as it might be overlooked in
the hurry of an unexpected visit. I consider that whether the Indians are peaceably disposed or not that presents should be given, especially as the conference proposed by you is the first of its kind, and is one which they should always recollect
with pleasure.
I have, &c,
(Signed) Geo. A. Walkem.
P. S.—Having seen you upon the subject of the foregoing, and as Mr. DeCos-
mos stated that there would be no difficulty in granting any extra lands to the Indians if absolutely necessary, and as your views and mine coincide as to a just
treatment of the Indians, I take the responsibility of stating that you may tell the
Indians that where the lands occupied by them are only - suitable for grazing purposes and are inadequate to meet their wants, that twenty acres more than the
twenty now conceded, should be given to each Indian family requiring them for
pastoral use, regard, of course, being had in the disposition of the lands to the
average acreage per family of all the reserves hitherto granted or hereafter added.
The Superintendent of Indian Affairs to the Attorney-General.
Indian Office,
Victoria, 12th January, 1874.
Sir,—I have the honour to inform you that owing to further telegrams which
have been transmitted through the press, respecting the rumour of threatened
Indian attacks upon the white settlers of the interior and your own wishes in regard to the same, I have determined upon proceeding at once to Cache Creek and
Kamloops for the purpose of instituting personal inquiry into alleged grievances
of the Natives, and if possible to allay for the present any hostile feeling existing 286 Papers relating to Indian Land Question, 1875
on account of them. In addition to my own opinions upon this subject, as conveyed in my letter of the 27th ult., and which you were good enough to consider
favourably for the purpose intended, I feel it my duty to report to you that among
the assigned causes of discontent of the Indians, is the driving their cattle off un-
fenced lands or those held under pastoral lease. One case has been reported to me
of a judicial decision, in which an Indian was mulcted in comparatively large
damages for alleged trespass upon lands which were not fenced, but held under a
lease from the Government for pastoral purposes, a case which I am told has been
taken up by many other Indians, and is said to form one of the prominent grievances for adjustment now. It would, perhaps, be invidious for me to reflect upon
what certainly seems an injustice, but you will, I am sure, agree with me as to the
necessity of ascertaining your opinion regarding the legality of such an issue, or
in other words, whether cattle grazing upon unfenced lands, belonging to other
than the holder thereof, can be subject to the penalty of trespass ?
If these instances of grievance are correct, it is highly important in undertaking what may be a most grave and responsible mission, that I should be fortified
by correct information upon all points likely to arise in the settlement of any
complaint made by Indians. If, on the other hand, the leaseholder of an extensive tract of land is justified by law in driving Indian cattle off any unfenced portion and having the owner fined for damages, I fail at present to see how lasting
disaffection is to be prevented, unless indeed, a far more liberal treatment is pursued
towards them than the terms of Confederation would seem to justify on the part
of the Dominion Government, or by the immediate passage or enactment of some
local Statute which would modify, if not change altogether, the existing pastoral
land law which permits such apparent injustice. As I intend leaving early on
Wednesday morning may I beg that you will be good enough to favour me with
a reply some time to-morrow.
I have, etc.,
(Signed) I. W. Powell.
lelegram.'
Clinton, January 9.—From Mr. Vasey, who lives on the Bonaparte, we learn
that on Thursday last he was told by Father Grandidier, who was at Kamloops a
few days previous, that, in a Council of Chiefs in that vicinity lately, seven were
for war and two opposed. He (the Father) gave it as his opinion that the Indians
were liable to commence hostilities at any moment.
A late decision of the County Court, whereby an Indian was compelled to pay
damages for trespass of his stock (the Indians claim, unjustly,) has considerably
agitated them. The leasing of large tracts of their grazing lands, and the non-arrival of the Indian Commissioner, as was promised them, adds to their agitation.
By these last reports, the excitement which prevailed among the settlers lately is
again revived stronger than ever, and a general feeling of insecurity prevails. The
Indians here who have been questioned regarding the matter deny all knowledge
of it.
The Attorney-General to the Superintendent of Indian Affairs.
Attorney-General's Office,
January 13th, 1874.
Sir,—I have the honour to acknowledge the receipt of your letter of yesterday,
informing me that you intended to proceed to Cache Creek and Kamloops to investigate the causes of the Indian disturbance in that vicinity.
In reply to your query as to whether a stranger who permits his cattle to run
upon pastoral lands under lease is liable to the lessee as a trespasser, I have to re- 39 Vic. Papers relating to Indian Land Question, 287
fer vou to Section 38 of the "Land Ordinance, 1870," which lays down the proposition as law that any lessee from the Crown can maintain ejectment or trespass m
the same manner as if he were owner of the land referred to, and " either party
"may refer the cause of action to the Stipendiary Magistrate of the District wherein
"the land lies, who may proceed summarily," &c.
No Justice of the Peace or Magistrate, except he be of the Stipendiary class,
has power to deal with such cases.
Bv the Common Law of England, which is in force here, the proprietors or occupiers of land are not obliged to fence their lands. The owners of cattle or other
animals are, by the same law, bound to see that they do no damage and that they
commit no trespass. ' .      '"..'•_
Indians are subject to the same laws as whites. Your observations upon the
subiect will I need'hardly assure you, receive the attention of the Government.
Will you be good enough to take a note of and report all matters of grievance
which may be brought under your notice in the upper country.
I have, &c,
(Signed) Geo. A. Walkem.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
30th January, 1874.
Sir,—The Lieutenant-Governor in Council has had under consideration your
letter of the 12th instant, forwarding copy of telegrams having reference to the alleged disaffection of the Indians in the interior ; a verbal answer was given to you
before your departure, but I hasten on your return from the interior to acquaint you
that the Provincial Government is of opinion that an Indian outbreak is highly improbable, and that they did not at the time of the receipt of your letter, and do not
now, consider it necessary to offer you any advice on the subject.
I have, &c,
(Signed) John Ash.
The Superintendent of Indian Affairs to the Lieutenant-Governor.
Indian Office, Victoria,
16th February, 1874.
Sir,—I have the honour to solicit the attention of your Honour to my letter of
27th October, 1873, respecting the Songish Reserve, further referred to in my letter
(reply) of 6th November, to the Honorable the Attorney-General. I should be
glad if your Honour would have the goodness to inform me, if it is proposed to take
any action towards meeting the wishes of the Honorable the Minister of the Interior
as conveyed in the letter above alluded to.
(Signed) I. W. Powell.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
23rd February, 1874.
Sir,—I am instructed by His Excellency the Lieutenant-Governor to inform
you ih reply to your letter of the 24th October last, on the subject of a proposal to
remove the Indians from the Songish Reserve, and to deal with the said reserve by
selling or leasing the same, that it is deemed by the Provincial Government unad-
visable to interfere in any manner with the duties assumed by the Dominion Government under the Terms of Union.
I have, &c,
(Signed) John Ash. 288 Papers relating to Indian Land Question. 1875
The Attorney-General to the Superintendent of Indian Affairs.
Attorney General's Office,
26th February, 1874.
Sir,—I have the honour to forward copies of two letters respecting the Indian
disturbance at Cowichan; from them it will appear that the Indians emboldened
by the failure of your negotiations, have assumed an attitude of aggression. As
you are about to start for Ottawa, the opportunity will prove favourable for laying
this matter before the Indian Department. Neglect of the Dominion Government
to organize the Department upon a proper footing here, and the more than probable
mischievous results which may thence ensue, ought, permit me to say, to be strongly
impressed upon them. Loss of lives of white settlers, as you are aware, is not at all
an impossible contingency. I have therefore the honour to request you to take
such immediate steps as will lead to the settlement of these and other Indian
difficulties,
I have, &c,
(Signed)       Geo. A. Walkem.
Enclosures.
Mr. Dods to the Attorney-General.
Cowichan, February 20th, 1874.
Sir,—I herewith transmit for your consideration a concise statement of a
grievance I have :—
Last April I pre-empted, and in November purchased a piece of land, but I
cannot get the use of it. The Indians who have been allowed to use it will not
go off or allow me to go on it to clear or fence. I lost the use of it last year from
this cause. They have threatened me repeatedly with personal violence if I .attempt to prosecute my claim further. I cannot of course take the law into my
own hands while the country has a Government, but the Indians can and have
done so with impunity. Owing to the inaction of the Indian Commissioner a
very bad feeling prevails among them. I have applied to Mr. Morley for redress,
but he is unable, for want of a sufficient force, to arrest the five or six principal
offenders. It is needless to dilate on the state of affairs; I hope you will see your
way to an immediate remedy.
I have, &c,
(Signed)       A. Dods.
Mr. Morley to the Attorney-General.
Maple Bay, February 20th, 1874.
Sib)—I have the honour to inform you that Mr. Archibald Dods, of Cowichan,
has been to complain that the Indians will not allow him to go on to the land he
has purchased from the Government. On Wednesday the 18th a party came to
him whilst he was working and compelled him to leave. What steps shall I take
in the matter ? Mr. Dods wishes to cultivate the land. On a former occasion I
issued a summons and bound the Indian over to keep the peace ; other Indians
continue to annoy him.
I am, etc.,
(Signed)       John Morley. 39 Vic. Papers relating to Indian Land Question. 289
The Deputy Indian Commissioner to the Attorney-General.
Indian Office, Victoria,
February 26th, 1874.
Sir,—I have the honour to acknowledge the receipt of your letter of this date.
In reply lam directed by the Indian Commissioner to forward for your information a
copy of his last communication, of February 14th, to Mr. A. Dods, and to express his
opinion that if Mr. D. has been threatened with aggressive measures by the Indians,
it is altogether attributable to the complete absence of a conciliatory spirit towards
the Indians on the part of that gentleman. Mr. Dods refused to follow the advice
of the Commissioner, or, in his opinion, the matter would soon be settled, hence the
only course left open to him is to have recourse to the law against trespass, as in such
cases provided.
The subject, however, will no doubt come up in the discussion of kindred subjects during his visit at Ottawa, when your letter will be laid before the Minister of
the Interior.
(Signed) H. Moffatt.
Enclosure.
The Indian Commissioner to Mr. A. Dods.
Indian Office, Victoria,
14th February, 1874.
Sir,—I have the honour to acknowledge your letter of the 12th inst., referring
to the Indians trespassing on your land' and advising that decisive action be taken
at once to have the matters complained of set right, etc.
In reply, I have to remind you that former Colonial Governments have always
considered and treated Indians as British subjects, and consequently they have always been amenable to the same laws.
Should an Indian, therefore, trespass upon your property there is a law which
you can appeal to and obtain, without fail, just redress.
Mr. Superintendent Sullivan was not sent to Cowichan to interfere with or advise the Indians in any way, but solely to carry out the instructions of the Magistrate,
Mr. Morley, to whom your complaint ought to have been preferred at the time. I
am persuaded that the legal manner of settling any dispute is far better than incurring the risk, as you add, of your own life and that of your neighbours by
taking aggressive measures into your own hands. I regret that my own visit to
Cowichan does not appear to have met with your approval.
I think now, however, as I thought then, that a little patience and forbearance
on your part would be beneficial in your matter, but should you still have a different opinion, the proper and therefore the advisable course is that which the law
always affords you.
I have, &c,
(Signed) I. W. Powell.
I he Superintendent of Indian Affairs to the Provincial Secretary.
British Columbia,
Indian Office, Victoria, May 15th, 1874.
Sir,—I have the honour to enclose for the information of His Honor the Lieutenant-Governor in Council a copy of an Order in Council, dated March 1st, 1874,
respecting the Indian Reserves of this Province.
With a view of carrying out the instructions conveyed in the said Order with
as little delay as possible, and especially taking advantage of the present season for
20 290 Papers relating to Indian Land Question. 1875
surveying the proposed allotment of Indian Reserves, I shall be glad if the same
could be submitted at once to the consideration of the Government.
The vastly increased expense of dividing a Reserve into four acre allotments,
in addition to the great difficulty of satisfying the just requirements of the Indians
by alloting "twenty acres to each five persons," strongly urges me to hope thatthe
wish expressed m the eighth Section of the enclosed Order in Council, may meet
with and have the favorable consideration of the Government. Again, I- do not
think that the granting of twenty acres to each head of an Indian family will make
any perceptible difference in the aggregate quantity of land reserved for the whole
Indian population.
I have the honor, also, to recall attention to your letter of the 29th December,
and to the correspondence which subsequently followed between the Honorable
the Attorney-General and myself.
I propose to proceed at once to Kamloops ; and, if the agreement between the
Attorney-General and myself in making the grant East of the Cascades forty acres
instead of twenty could be adopted by the Government, I feel sure of making my
intended visit to this lately disturbed district not only one of great satisfaction to
the Indians themselves, but to the settlers, in assuring them of future peace and
protection.
I have, &c,
(Signed) I. W. Powell,
Indian Commissioner.
Copy of a Report of a Committee of the Honorable the Privy Council, approved by
His Excellency the Governor-General in Council on the 24th April, 1874.
The Committee of Council have had under consideration the Memorandum,
dated 1st April, 1874, from the Honorable the Minister of the Interior, having reference to the Order in Council of the 21st March, 1873, and the correspondence
arisiug out of that Order, respecting the Indian Reserves in British Columbia, and
they respectfully submit their concurrence in the several recommendations submitted in the said Memorandum, and advise that the same be approved and adopted. Certified,
(Signed) W. Himsworth.
British Columbia Reserves.
Department of the Interior,
March 1st, 1874.
The undersigned has had under his consideration the Order of His Excellency
the Governor-General in Council, under date the 21st March, 1873, and the subsequent correspondence arising out of that Order in reference to the Indian Reserves in British Columbia.
By the 13th Article of the Terms of Union, between Canada and British Columbia, the Indian Reserves in British Columbia were transferred to the Dominion
Government and are now under the control of this Department.
From the official and other information in possession of the undersigned, it is
clear that the dissatisfactioL now existing among the Indians in British Columbia
arises, to a great extent, out of the present state of the Reserves, and if prompt
measures be taken to satisfy the requirements of the Indians on this head a fruitful
source of dissatisfaction will have been removed. By the Order in Couucil above
to, it is provided, among other things, that each Indian family shall be assigned 80
acres of land of average quality, to remain permanently the property of such family-
The local Government of British Columbia has positively declined to grant such
an extent of land for the use of the Indians, as being far in excess of the quantity 89 Vic. Papers relating to Indian Land Question, 291
previously allowed the Indians by the local Government, and under the Terms of
Union the local Government are only bound "to give tracts of land of such extent
" as had hitherto been the practice of the local Government to appropriate for that
"purpose,"—ten acres for every family of five persons. The Government of
British Columbia, however, on the representation of Mr. Commissioner Powell,
consented to double this amount and to appropriate twenty acres of land to every
five persons. This offer Mr. Powell was authorized to accept, while at the same
time he was urged to obtain, if possible, double that quantity for the Indians East
of the Cascade Range, in accordance with the general usage in British Columbia
of granting a double allowance to the white settlers East of the said range. *
In view of the foregoing circumstances it is recommended :—
1st. That the paragraph in the Order in Council above referred to, appropriating
80 acres of land to each Indian family of five persons be rescinded, and that it be
provided that only 20 acres be allotted to five persons.
2nd. That, whenever it is so desired by a majority of Indians at any Reserve, such Reserve shall be divided into suitable allotments on the basis of 20 acres
to each five persons in the said band, and the holder of every such allotment shall
be placed in possession thereof, by some formal instrument to be given him by the
Commissioner.
3rd. Whenever any Reserve does not contain sufficient land to give 20 acres
to each five in the band of Indians to which such Reserve has been apportioned,
then land in the immediate vicinity, or as near thereto as possible, should be obtained from the local Government for the individual not so provided for.
4th. Whenever, in any part of the Province, no Reserves of land have been
made for the Indians, and there are any white settlers or any immediate prospect
of such, application should be made to the local Government, for the required number of acres to be there reserved for the Indians.
5th. Great care should be taken that the Indians, especially those inhabiting
the Coast, should not be disturbed in the enjoyment of their customary fishing
grounds, which should be reserved for them previous to white settlement in the
immediate vicinity of such localities.
6th. The Commissioner should be instructed to suggest such measures as he
may think necessary to prevent difficulties among the Indians resident in pastoral
districts, arising from the unfenced condition of extensive lands leased to white
men for grazing purposes.
3|C
8th. In view of the difficulty and expense of making the allotment of the surveys on the basis of twenty acres to each five persons, and taking into consideration
the very large and unlooked for expenditure which the general administration of
Indian Affairs in British Columbia is about to entail upon the Dominion Government, the undersigned would recommend that the Indian Commissioner be authorized to press strongly upon the Local Government the duty of co-operating in every
way with the Dominion Government in pacifying the Indian population of the Province, and satisfying their reasonable demands ; and as the amount of land which
they now propose to allot to the Indians is very small, that he be particularly requested to urge the Local Government to allocate twenty acres of land to every
Indian, being a head of a family, without reference to the number of persons in the
family.
(Signed) D. Laird.
*Memo—Clause 7 refers to amount of money granted for immediate prosecution of proposed surveys. (Initialed) I.W.P. 292 Papers relating to Indian Land Question. 1875
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
22nd May, 1874.
Sir,—I have the honour to acquaint you that your letter of the 15th instant, on
the subject of Indian lands, is still under the consideration of the Government; an
answer will, however, be forwarded to you at the earliest possible opportunity.
I have, &c.,
(Signed) John Ash.
The Attorney-General to the Superintendent of Indian Affairs.
Attorney General's Office,
15th June, 1874.
Sir,—I have the honour to forward you copy of a letter from Mr. A. Dods,
relating to a matter of grave importance.
I wrote Mr. Dods on the 3rd instant informing him that by your direction the
Surveyors would lay out the reserve in six weeks.
I have, &c,
(Signed) Geo. A. Walkem.
Enclosures.
Mr. Dods to the Attorney-General.
Cowichan,
June 11th, 1874.
Dear Sir,—I intended to have requested you to be kind enough to give a
little attention to the case of the Indians trespassing on my land. It becomes now
doubly imperative, as I have heard this evening that they have broken out at last
as I was almost certain they would, from this policy of dallying with them. One
of them stopped Lomas, took hold of his horse's head, and told him that he (the
Indian) intended to kill some white man, and he would do so. Lomas got disengaged, went home, got his gun, and started out to look for the Indian. The latter,
as Lomas afterwards heard, had got his gun also, and lay in ambush, watching for
Lomas. The Indian fired three times at Lomas, the cap snapping each time,
this, of course, saving his life. Lomas heard the click of the caps, but did not
put it down to that cause. They had some of them promised him that they would
shoot him, the same as they have me. Drink, I believe, was the immediate cause.
Where they get it I don't know, but they seem to get any amount. They are all
gone to Nanaimo to a big potlatch.
They affect to hold in contempt all the "wa-wa" of Dr. Powell. What he said
to them has also been misinterpreted, or else the}' have misunderstood it. They
evidently think that they may stop on my land if they like, their going depending
upon whether they are put on a piece that will suit them better or not. They
will not voluntarily look for a piece. I and a good many others look upon the way
I have been treated as one of the greatest outrages that can be perpetrated in a civilized community. It is not a matter of indifference to me. The fact is, that the
only little source of income we have is cut off. I can't milk my cows, because
those that are away cannot get home on account of the fences ; aud those that are at
home get nothing to eat, from the same cause. What open space there is between
fences is eaten down by everybody's cattle and pigs. I have lost (stolen by Indians) pigs that would be worth every cent of $100 now, from not being able to
fence in my land, although posts and timber are lying all ready. They have fenced
in portions of my ground for hay to feed their cattle, while I have not  enough for 39 Vic Papers relating to Indian Land Question. 293
myself. I cannot get wood off my own land, except by a sort of permission. I
cannot build as I intended to do. Everybody says, " sure what the devil is the
good of a Government that can't put a few siwashes off a man's land." I said, always, "I'm waiting for Powell." Now, Powell has not fixed it, nor is there even
a probability that he can or will. You see, he won't even hear the case stated before you. The idea that I have had, from first to last, in this affair, is, that you
must make the Indians respect your power. They have a hundred times more respect for a gunboat than all the talk in creation. Now, I don't want to oust the
Indians if inconvenient, but I do want some guarantee that I shall have the land
to use and to build on, that they shall be put off or go off some time this year, and
that I shall be paid for the losses I have sustained through the Indians acting as
they have done.
I have, &c,
(Signed) A. Dods.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
21st July, 1874.
Sir,—In reply to your letter of the 16th instant, I have now the honour to forward for your information, copy of an Order in Council on the subject of the Indian
Reserves.
I have, &c,
(Signed)       John Ash.
Enclosure.
Copy of a Report of a Committee of the Honorable the Executive Council, approved by
His Excellency the Lieutenant-Governor, ou the 15th June, 1874.
On a Memorandum of the 13th day of June, 1874, from the Honorable Attorney-General, reporting that application has been m ide by the Indiau Department
to vary an Order in Council, dated the 25th July, 1873, which allots twenty acres
of land to each head of an Indian family of five persons, by striking out the two
last words, viz.: "five persons," so that the allotment shall read "twenty acres of
land to each head of an Indian family," the Committee advise that the recommendation be approved.
Certified,
(Signed)       W. J. Armstrong,
Clerk Executive Council..
The Superintendent of Indian Affairs to the Chief Commissioner of Lands aud Works.
Indian Office,
Monday.
My Dear Sir,—Would you be good enough to give me any information at
your disposal respecting a piece of the Cowichan Reserve, leased as a Mill-site—part
of Section 17, Range VIII; also of the land taken up or sold to Pat. Brennan.
I have, &c,
(Signed)       I. W. Powell. 294 Papers relating to Indian Land Question. 1875
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, July 29th, 1874.
Sir,—In reply to your letter of Monday last, I have the honour to inform you
that Patrick Brennan received a Crown grant for 20 acres of land in Cowichan District, being portions of Sections 15 and 16, Range III., (10 acres in each section) on
June 21st, 1871. With regard to the "mill site" on Section 17, Range VIII,
Quamichan District, Mr. W. F. Crate applied for a Crown grant of a portion of this
section, amounting to 2J acres, on the 6th August, 1869.
Mr. Crate, in a letter from this department, dated August 17th, in the same
year, was informed he could lease the said property for a term of 7 years, paying an
annual rental of $15.
No lease was ever made out or rental paid.
Mr. W. F. Crate, I understand, died some time since.
I have, &c,
(Signed) Robert Beaven.
1 he Superintendent of Indian Affairs to the Chief Commissioner of Lands and Works.
Indian Office, Victoria,
July 31st, 1874.
Sir,—I have the honour to inform you that the survey of the Musqueam Indian
Reserve, lately undertaken by my orders, is now finished, and that the quantity of
land is insufficient to give each head of a family an allotment of 20 acres. The
actual number of families in the tribe is 70, consequently 1,400 acres of land will be
required to make up the full quantity. Of this the present reserve contains 314
acres, 114 of which is quite useless.
I now make application for 1,197 acres, and request that the surveyor may be
allowed to choose the land in the immediate vicinity, or as near the present reserve
as may be found practicable.
The Islands marked B B B in the enclosed diagram, with the Sections C C and
F, on Sea Island, are particularly desired by the Indians for grazing lands.
I should be glad if your immediate consideration may be given to the above
request, so that advantage may be taken of the presence of the surveyor in that
locality.
I have, &c,
(Signed) I. W. Powell.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, 6th August, 1874.
Sir,—I have the "honour to acknowledge the receipt of your letter, dated 31st
ultimo, having reference to the survey of the Musqueam Indian Reserve.
And in reply would ask how you ascertain the actual number of families in each
tribe, and also what is your definition of the head of an Indian family, and are you
prepared to reduce the acreage of reservations, where the necessary number of
Indians do not reside.
(Signed)       Robert Beaven. 39 Vie. Papers relating to Indian Land Question. 295
The Superintendent of Indian Affairs to the Chief Commissioner of Lands and Works.
Indian Office, Victoria,
August 7th, 1874.
Sir,—I have the honour to acknowledge the receipt of your letter of the 6th
inst., and in reply state : 1. That actual numbers of families are ascertained by
counting individuals. 2. Every adult who has a wife or children is head of a family.
3. I understand in cases where reservation exceeds quantity of land allowed to a
tribe (i. e. 20 acres to every head of a family) that due allowance is to be made for
such excess, either by cutting down or otherwise, as may be mutually agreeable to
Dominion and Local Governments.
As the survey party under Mr. Howse is now awaiting your reply to my letter
of the 31st, and as any delay is attended with considerable expense, may I beg to be
favoured with the same at the earliest possible moment.
I have, &c,
(Signed) I. W. Powell.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, 10th August, 1874.
Sir,—I have the honour to acknowledge the receipt of your letter of 7th. inst.,
giving me the information asked for in my letter of the 6th inst.
And beg to inform you that in the absence of necessary information, I much
regret that I find it impossible to send an immediate definite reply.
As a matter of course, it is presumable that the number of families could only
be ascertained by counting, but it is very important that the Provincial Government
should know who supplied the information, whether it is taken under oath or how,
and whether any penalty can be imposed for making a false return.
There are several other points in connection with the subject tha/t require the
fullest investigation before unsurveyed land in the vicinity of a reservation could
be granted, and I would respectfully suggest that Mr. Howse's party be not detained
there, after they have completed the surveys you have instructed them to make.
I am unable to advise the extension of present reservations, until positively informed that you are authorised to reduce as well as increase such reservations, and
that you are prepared on befialf of the Dominion Government to guarantee that the
Indians will agree quietly to reduction, if the Provincial Government agree to an
increase.
I have, &c,
(Signed) Robert Beaven.
The Superintendent of Indian Affairs to ihe Chief Commissioner of Lands and Works.
British Columbia,
July 31st, 1874.
Sir,—I have the honour to acquaint you that the area of the Tsowassen Reserve
is inadequate to give allotments of 20 acres of cultivatable land to each family, a
large portion being swampy and useless except for grazing purposes; the exact area
required is 68 acres.
I have now the honour to apply 'that a further quantity of 100 acres (to the eastward and adjoining the present reserve) be laid aside for the use of the Indians of
this place. There are 18 families, and the total quantity of land marked on the
official plan of this reserve is 490 acres.
I have, &c,
(Signed) I. W. Powell. 296 Papers relating to Indian Land Question. 1875
Ihe Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, 6th August, 1874.
Sir,—I have the honour to acknowledge the receipt of your letter, dated 31st
ultimo, in reference to the Tsowassen Reserve ; but I am not aware that any land
was returned to the Dominion Government, as an Indian Reserve, under that name
or in that locality.
Would you, therefore, in order to clear up this point, kindly enclose your copy
of reserves, which shall be immediately returned after being again compared with
the copy in this Department.
I have, &c,
(Signed) Robert Beaven.
Ihe Superintendent of Indian Affairs to the Chief Commissioner of Lands and Works.
Indian Office, Victoria,
August 7th, 1874.
Sir,—I have the honour to acknowledge the receipt of your communication of
the 6th inst., regarding the Tsowassen Indian Reserve. I now send you book of
tracings as the only record of any land having been reserved for this band of Indians.
I may add that I am informed there are several tribes of Indians for whom lands
have been reserved by former Governments, but which were omitted in the schedule
furnished the Dominion Government at the time of union.
The Tsowasson Reserve may have been one of these (I presume unintentional)
omissions.
Future and perhaps grave mistakes would be avoided if all reserves of land
intended for Indians were placed upon the Schedule. Great dissatisfaction prevails
now among the Indians, especially those on the mainland, in regard to their lands
and the non-recognition of their pre-existing rights, but it would, indeed, be attended with serious consequences were any piece of land (hitherto reserved for any
tribe) used for any other purpose merely because the same had been left out of the
schedule. I have, &c,
(Signed) I. W. Powell.
The Superintendent of Indian Affairs to the Provincial Secretary.
Indian Office, Victoria,
August 5th, 1874.
Sir,—I have the honour to enclose for your consideration, copy of a Petition
from the Indian Chiefs of the Fraser River and surrounding country, on matters
relating to their land Reserves.
I have, &c,
(Signed) I. W. Powell.
Enclosures.
Peter Ayessik to the Superintendent of Indian Affairs.
New Westminster, July 14th, 1874.
Sir,—Having been, along with some others, commissioned by the Chiefs to
present our common petition'"to you, we have come down to New  Westminster
yesterday and, after consultation, we came to the conclusion to send the petition by
mail.
You have told Alexis and myself not to go down till you send notice.
We expect to hear from you, through Rev. Father Durieu, at New Westminster. I have, &c,
(Signed) Peter Ayessik,
Chief of Hope. 2o the Indian Commissioner for the Province of British Columbia:—
The petition of the undersigned, Chiefs of Douglas Portage, of Lower Fraser,
and of the other tribes on the seashore of the mainland to Bute Inlet, humbly
sheweth :—
1. That your petitioners view, with a great anxiety, the standing question of
the quantity of land to be reserved for the use of each Indian family.
2. That we are fully aware that the Government of Canada has always taken
good care of the Indians, and treated them liberally, allowing more than one hundred acres per family ; and we have been at a loss to understand the views of the
Local Government of British Columbia, in curtailing our land so much as to leave,
in many instances, but few acres of land per family.
3. Our hearts have been wounded by the arbitrary way the Local Government
of British Columbia have dealt with us in locating and dividing our Reserves.
Channel, ten miles below Hope, is allowed 488 acres of good land for the use of
twenty families: at the rate of 24 acres per family ; Popkum, eighteen miles below
Hope, is allowed 369 acres of good land for the use of four families : at the rate of
90 acres per family ; Cheam, twenty miles below Hope, is allowed 375 acres of
bad, dry, and mountainous land for the use of twenty-seven families: at the rate of
13 acres per family; Yuk-Yuk-y-yoose, on Chilliwhack River, with a population of
seven families, is allowed 42 acres: 5 acres per family; Sumass, at the junction of
Sumass River and Fraser, with a population of seventeen families, is allowed 43
acres of meadow for their hay, and 32 acres of dry land; Keatsy, numbering more
than one hundred inhabitants, is allowed 108 acres of land. Langley and Hope
have not yet got land secured to them, and white men are encroaching on them on
all sides.
4. For many years we have been complaining of the land left us being too small.
We have laid our complaints before Government officials nearest to us ; they sent
us to some others; so we had no redress up to the present; and we have felt like
men trampled on, and are commencing to believe that the aim of the white men is
to exterminate us as soon as they can, although we have always been quiet, obedient, kind, and friendly to the whites.
5 Discouragement and depression have come upon our people. Many of
them have given up the cultivation of land, because our gardens have not been
protected against the encroachments of the whites. Some of our best men have
been deprived of the land they had broken and cultivated with long and hard labour, a white man enclosing it in his claim, and no compensation given. Some
of our most enterprising men have lost part of their cattle, because white men had
taken the place where those cattle were grazing, and no other place left but the
thickly timbered land, where they die fast. Some of our people now are obliged
to cut rushes along the bank of the river with their knives during the winter to
feed their cattle.
6. Wo are now obliged to clear heavy timbered land, all prairies having been
taken from us by white men. We see our white neighbours cultivate wheat, peas,
&c, and raise large stocks of cattle on our pasture lands, and we are giving them
our money to buy the flour manufactured from the wheat they have grown on the
same prairies.
7. We are not lazy and roaming-about people, as we used to be. We have
worked hard and a long time to spare money to buy agricultural implements, cattle,
horses, etc., as nobody has given us assistance. We could point out many of our
people who have, those past years, bought, with their own money, ploughs, harrows, yokes of oxen, and horses ; and now, with your kind assistance, we have a
bright hope to enter into the path of civilization.
8. We consider that 80 acres per family is absolutely necessary for our support, and for the future welfare of our children. We declare that 20 or 30 acres of
land per family will not give satisfaction, but will create ill feelings, irritation
amongst our people, and we cannot say what will be the consequence. 298 Papers relating to Indian Land Question. 1875
9. That, in case you cannot obtain from the Local Government the object of
our petition, we humbly pray that this our petition be forwarded to the Secretary
of State for the Provinces, Ottawa.
Therefore your petitioners humbly pray that you may take this our petition
into consideration and see that justice be clone us, and allow each family the quantity of land we ask for.
And your petitioners, as in duty bound, will ever pray.
(Signed) Peter Ayessik, Chief of Hope,
And 109 others.
I hereby testify that the Chiefs above referred to met together in my presence,
and the above petition is the true expression of their feeling and of their wishes.
(Signed) Peter Ayessik,
New Westminster, July 14, 1874. Chief of Hope.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
11th August, 1874.
Sir,—I have the honour to acknowledge the receipt of your letter of 5th inst.,
forwarding for my consideration a copy of a petition from the Indian Cniefs of the
Fraser, and in reply I would recommend you to carry out the prayer ot the said
petition by forwarding the same to the Secretary of State for Canada.
I have, &c,
(Signed) John Ash.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, 10th August, 1874.
Sir,—I have the honour to acknowledge the receipt of your communication of
7th inst., and its enclosures.
As evident discrepancies exist between the schedule of Indian Reserves furnished
by Mr. Pearse (the late Surveyor-General) to the Domiuion and Provincial Governments and the book of tracings enclosed by you, I beg to be permitted temporarily to retain the same for a thorough examination, this department never having had the opportunity, to my knowledge, of inspecting these tracings in the
form you have had them prepared.
A piece of land opposite New Westminster is shown in one of the tracings,
which is clearly not an Indian Reserve. It is possible, therefore, that the person
who has made them for you is not aware which are Indian Reservations.
I have, &c,
(Signed) Robert Beaven.
The Chief Commissioner of Lands and Works to the Superintendent of Indian Affairs.
Lands and Works Department,
Victoria, 13th August, 1874.
Sir,—I have the honour to return your book of tracings called " Mainland Indian Reservations," and to thank you for allowing me to examine it.
The difference, however, between it and the schedule furnished to the Dominion
Government by Mr. Pearse, late Surveyor-General, is so noticeable that I need not
particularize.
I wish, however, to call your particular attention to the fact, that the Reservations, New Westminster, as shown inSheetNo. 7, and Similkameen (left bank), Sheet
No. 7, are not Indian Reservations. 39 Vic. Papers relating to Indian Land Question. 299
I might also mention that the land classed in your Schedule as Burrard Inlet,
No. 2, Sheet No. 1, and False Creek, Sheet No. 1, are identical. There is no land
answering the description of Bonaparte, No. 2, Sheet 10, existingin that section of the
country.    That the two pieces called Katsey, Sheets 2 and 3, are identical.
That Matsqui 1 and 2, Sheet 2, are the same land as Matsqui A and B, Sheet 3.
That Stryen is omitted in your Schedule.
That land on Yale-Lytton road between 9 and 10 mile posts, Sheet No. 8, is
also scheduled as Spuzzum.
I wish also to call your attention again to the fact that land surveyed under
your instructions, near English Bluff", south of the mouth of Fraser River, as the
Tsowassen Reservation, is not mentioned in Mr. Pearse's schedule.
I have, &c,
(Signed) Robert Beaven.
The Superintendent of Indian Affairs to the Provincial Secretary.
Department of Indian Affairs,
Victoria, August 15th, 1874.
Sir,—Pursuant to the arrangement of granting 20 acres of land to every head
of an Indian family in British Columbia, I had the honour of applying to the Honourable Chief Commissioner of Lands and Works for land to make up deficiency
in the present reserves of Musqueam and Tsowassen. The Honourable Chief
Commissioner informed me, in reply (10th August), that he is unable to advise the
extention of present reservations until positively informed "that you are authorized
" to reduce as well as increase such reservations, and that you are prepared, on be-
" half of the Dominion Government, to guarantee that the Indians will agree quiet-
" ly to reduction, if the Provincial Government agree to an increase."
As many of the present reserves do not contain five acres of land to each head
of a family, the injustice with which Indians having such reserves would be treated
in case they were not extended, and the serious complications which would at once
be consequent upon such treatment are so great, that I sincerely trust the interpretation seemingly conveyed in the Honourable Chief Commissioner's letter, of confining the grant to new reserves, is not that intended by the Government in lieu of
all reserves containing 20 acres to every head of a native family.
As to the reduction alluded to, according to the Order in Council I had the
honour of transmitting on the 15th of May, and the reply of the Local Government,
15th of June, I imagined the Dominion Government could not claim more than
the acreage agreed upon in any reserve, and therefore in cases where the quantity
of land exceeded 20 acres to each Indian family, such excess would no longer be a
part of any reserve, unless some special arrangement were made to the contrary.
Agreeably to such an understanding, and with a view of promoting peace
among the Indians, I have been authorized, at considerable expense, to survey all
reserves, with a view to allotment on the basis agreed upon ; and to promise them
that this arrangement would be faithfully carried out.
Surveyors are now at work in Cowichan, and on Fraser River reserves, and
were any delay to take place in granting me lands to make good deficient reserves,
not only would valuable time and money be wasted, but great uneasiness among
Indians would be at once engendered. I therefore trust that I may be authorized
to obtain land in instances of deficiency as they arise, upon my furnishing the Government with a correct census of the number of heads of families, and the number
of acres therefore required. On my part I will at once notify you of excess in any
reserve which may be surveyed for allotment. This was the basis of my agreement with the Honourable the Attorney-General, and I beg to append a copy of his
telegram sent in order to allow me to promise the same to the Indians at any official
visitation. 300 Papers relating'to Indian Land Question. 1875
It would be too great an undertaking on my part to guarantee quietude on the
part of the Indians generally, because throughout the interior, from whence I have
just returned, where Indians possess many horses and cattle, and have no grazing
lands, they consider 20 acres to each head altogether insufficient.
I have, &c,
(Signed)        I. W. Powell.
Telegram.
Victoria, 12th June, 1874.
To Dr. Powell, Lytton.
Twenty acres to each head of Indian family granted on condition agreed ;
could not send sooner.   Forty rejected.
(Signed)       Geo. A. Walkem.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
27th August, 1874.
Sir,—In reply to your letter of the 15th instant, on the subject of extending
certain present Indian Eeserves, I have the honour to acquaint you that the decision
of the Government shall be conveyed to you at as early a date as practicable after
the return of His Excellency the Lieutenant-Governor.
I have, &c,
(Signed) John Ash.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
2nd September, 1874.
Sir,—With reference to your letter of the 15th ultimo, on the subject of extending present Indian Reserves, in which you mention that, pursuant to the arrangement for granting 20 acres of land to every head of an Indian family in British Columbia, you had applied to the Chief Commissioner of Lands and Works
for land to make up deficiencies in the present Reserves of Musqueam and Tsowassen, and that that officer had acquainted you in reply that he was unable to advise the extension of present Reservations ; I have the honour to refer you to my
letter of the 28th July, 1873, in which you are notified that all future Reserves for
Indians will be adjusted on the basis of 20 acres of land for each head of a family
of five persons, and from which you will perceive that the Chief Commissioner in
reply, was only carrying out the Order in Council on which my letter was based.
The question of the extension of present Reserves was not touched upon in the
above Order in Council, but on the return of the Lieutenant-Governor the subject
will be fully considered and the j1 views of the Government thereon definitely
conveyed to you.
With reference to your offer to furnish correct census of the number of heads
of families, I have to remark that before proceeding to make any survey of Indian Reserves it would appear most desiraable that you should furnish the Chief
Commissioner with a correct census of the native population of the Province, or
at least of the district proposed to be surveyed, the Province having been previously arranged by you into convenient districts for this purpose. Such census
should convey the number of men, women, and children, and the number of
heads of families should be exactly ascertained.
With regard to Reserves not yet made, it would be very desirable that before
they are located you should point out if they are in a block (the requisite number 89 Vic. Papers relating to Indian Land Question. 301
of acres being therein contained), or whether it is proposed to reserve small tracts
here and there in different directions. With reference to your remarks as to the
quietude of the Indians, I desire to point out to you that it is incumbent on the
Government of the Province to preserve peace and order equally among the natives as among the white population.
I have, &c,
(Signed)       John Ash.
The Superintendent of Indian Affairs to the Provincial Secretary.
Indian Office, Victoria,
September 2nd, 1874.
Sir,—I have the honour to acknowledge the receipt of your letter of this
date, in answer to mine of the 15th ult., and in reply to state that, in view of the
trouble which would at once be created among the Indians should it be fully decided by the Provincial Government that the proposed quantity of twenty acres to
each family is not to apply to those having claim to present Reserves, I shall anxiously await the receipt of the communication you propose to furnish me on the
return of His Honour the Lieutenant-Governor.
I have, &c,
(Signed)       I. W. Powell.
The Deputy Superintendent of Indian Affairs to the Provincial Sevretary.
Indian Office, Victoria,
September 3rd, 1874.
Sir,—Mr. Mohun, surveyor to the Indian Department, has just returned from
Chemainus (for orders'). He informs me that several plots of land which had been
surveyed and laid off as Indian Reserves, and on which the Indians have lived for a
number of years and partially cultivated, are not laid down in the official maps
copies of which were lately made at the Lands and Works Office, and forwarded to
him.
Would you be good enough to inform me, at your earliest convenience, if the
Provincial Government ignores the various reserves, which are omitted in the
schedule prepared by the Lands and Works Department (presumed to contain all
existing Indian Eeserves), viz., Tsowassen, Chemainus, Range VIII, part of Sections
8 and 9, and a section at Cowichan adjoining Harris' landing, with others not now
named.
I enclose a letter on the foregoing subject from Mr. Mohun, to which I be°- to
call the attention of the Provincial Government.
(Signed) H. Moefatt.
Enclosure.
Mr. Mohun to the Superintendent of Indian Affairs.
Chemainus, 1st September, 1874.
Sir,—I have the honour to inform you that after making various surveys in
Chemainus,    I received from you a tracing from the official map of that District
which I find omits, doubtless through inadvertence, a reserve occupied by the Chemainus Indians, containing about eighteen or twenty acres, being part of R. VIII
S. 8 and 9, and the only one belonging to this tribe in the settlement.
I may mention for your information that this reserve was laid out by Mr. Pearse
whom I then accompanied, in 1863 : that it is well known and recognized, both by 302 Papers relating to Indian Land Question. 1875
whites and Indians, and that one of the old posts marked " Indian Reserve " is still
in existence.
I trust you will instruct me at your earliest convenience, as to the course to be
pursued in defining—
1st. Reserves in surveyed Districts which may not be shown on the maps forwarded me from time to time, and
2nd. Those in unsurveyed Districts which are, and have been for years past, in
the undisputed possession of the Indians.
I would, however, most respectfully, but earnestly, urge upon your consideration the fact that to pass without surveying these, after the promises that have been
made to the Indians, will lead to most serious complications, and imperil life and
property throughout the settlements.
Ifi have exceeded my province in making these remarks, I have done so only
from a deep sense of the deplorable results likely to ensue even from a temporary
postponement of the work.
(Signed) Edward Mohun, C.E.
Ihe Superintendent of Indian Affairs to the Provincial Secretary.
Indian Office, Victoria,
21st September, 1874.
Dear Sir,—Referring to your letter (official) of the 27th ultimo, I should be
glad to have your further reply if now convenient.
Could you, at the same time, give me an answer to Mr. Moffatt's letter (enclos-
sing Mr. Mohun's) of Sept. 3rd.
Two parties of surveyors are now out, and as their future continuance in their
present service greatly depends upon the nature of your letter, you will pardon my
wish to obtain it as soon as possible.
(Signed) I. W. Powell.
The Provincial Secretary to the Superintendent of Indian Affairs.
Provincial Secretary's Office,
September 21st, 1874.
Sir,—With reference to the application from your Department on the subject
of the extension of certain existing Indian Reservations, I have the honour to
acquaint you that the information respecting Indian affairs, for which you have been
asked by the Honourable Chief Commissioner of Lands and Works must be given
before an answer can be returned by the Government.
I have, &c,
(Signed)       John Ash.
The Superintendent of Indian Affairs to the Provincial Secretary.
Indian Office, Victoria,
September 28th, 1874.
Sir,—Referring to your letters of the 2nd and 21st September, 1 have the
honour to state for the information of the Government, that I have called in the
two survey parties who have been engaged in surveying Reserves here and on the
mainland. I also regret to state that I have not a doubt of the dissatisfaction of
the Indians which will follow delay in adjusting all Reserves upon the basis (I
thought previous to your letter of the 2nd inst.) mutually understood and agreed
upon; to avoid which, and to put an end to all disputes between Indians and white 39 Vic. Papers relating to Indian Land Question. 303
settlers, these surveys, for the purpose of allotting to each Indian twenty acres of
land, have been undertaken by the Dominion Government.
In respect to your letter of the 21st inst., I should be glad to furnish any information in my power to the Chief Commissioner of Lands and Works, in addition
to that fully conveyed in my letter to him on the 7th ultimo, although I am at a
loss to understand any connection " information " therein alluded to may have with
the enquiries contained in my letter of the 15th ult., and the enclosure of Mr.
Moffatt to yourself of the 3rd instant.
I regarded the manner of taking the census, etc., as a mere question of detail;
and as I informed the Chief Commissioner, in my personal conference with him, I
should be glad to have it subscribed to as correct, under oath, or taken in any way
satisfactory to the Government: my great desire being to settle these land questions for the Indians with the least possible delay, and put a