"a7ad0b67-001c-46e1-987c-569ac56dce3f"@en . "CONTENTdm"@en . "FURTHER PAPERS--SONGHEES INDIAN RESERVE."@en . "http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=1198198"@en . "Sessional Papers of the Province of British Columbia"@en . "British Columbia. Legislative Assembly"@en . "2014-11-26"@en . "[1897]"@en . "https://open.library.ubc.ca/collections/bcsessional/items/1.0063711/source.json"@en . "application/pdf"@en . " 60 Vict. Further Papers\u00E2\u0080\u0094Songhees Indian Reserve. 621\nRETURN\nTo an Address presented to His Honour the Lieutenant-Governor, praying him to\ncause to be laid before the House copies of all correspondence which has passed\nbetween his Government and the Government of the Dominion of Canada, with\nreference to the question of the removal of the Indians from the Songhees Reserve\nsince the return dated the 11th February, 1897, was presented to the House.\nBy Command.\nJAMES BAKER,\nProvincial Secretary.\nProvincial Secretary's Office,\n17th March, 1897.\nExtract of a Report of the Committee of the Honourable the Privy Council, approved by His\nExcellency on the 23rd February, 1897.\nOn a Report dated 15th February, 1897, from the Superintendent-General of Indian\nAffairs, stating that he has had under consideration a communication, hereto attached, addressed\non the 10th September, 1896, by the Honourable James Baker, Provincial Secretary of British\nCoulumbia, to the Honourable the First Minister, a copy of which was referred to him on the\n12th idem. The communication treats, inter alia, oi the question of the removal of the Songhees Indians, and of the advisability of a revision of the Indian Reserves in British Columbia.\nThe Minister further states that as to the removal of the Songhees Indians, Commissioners\nhave been appointed both by the Federal and Provincial Governments for the purpose of\narranging for an exchange of land and the removal of these Indians, but up to the present,\nowing to a difference of opinion as to scope of the proposed Commission, no instructions have\nbeen sent to the Commissioners to proceed with the work.\nThe Minister observes that in his communication Mr. Baker suggests, in effect, that the\nfollowing should be the basis upon which the Commission should proceed :\u00E2\u0080\u0094\n1. The Province to bear the entire expenses of the removal of the Indians to any new\nreserve which may be selected.\n2. That in consideration of doubt as to the question of ownership of the fee simple of lands\ncomprising the Songhees Reserve, but without prejudice to any right of ownership of the fee\nsimple of lands comprised in other Indian Reserves in the Province, the Province, in order to\npromote an early settlement of the question of the removal of the Songhees, shall hand over to\nthe Dominion Government the fee simple of the lands selected as a reserve in lieu of the reserve\nat present occupied by the Songhees.\n3. That the lands vacated by the Indians in the Songhees Reserve shall become the property of the Provincial Government.\nThe Minister represents, after careful consideration, that while he considers Mr. Baker's\nstatement as to the basis upon which the Commissioners should proceed to be correct as far as\nit goes, he is of opinion that it is not sufficiently comprehensive to secure a final disposal of the\nquestion as the result of the Commissioners' work. The tract of land comprised in the Songhees Reserve is a very valuable one, and it will, therefore, be necessary to have it stipulated\nthat the Commission should value the land comprised in the Songhees Reserve, and the land\nwhich the Provincial Government will be prepared to set aside, for the Indians in lieu thereof,\nand assess the difference in value with a view to the Province paying the difference in value to\nthe Dominion Government, to be held in trust for the Indians ; or, in the event of the Provincial Government being adverse to making a money payment, the Provincial Government to\nset aside such additional land as will fully compensate the Indians for the loss of the Songhees\nReserve. 622 Further Papers\u00E2\u0080\u0094Songhees Indian Reserve. 1897\nThe Minister further represents that it will also be necessary to provide that the Commissioners should value the improvements of the individual Indians upon the Songhees Reserve\nwith the view to the Indians being compensated therefor by the Provincial authorities, either\nby a money payment through the Dominion Government, or by the making of improvements\nfor such individual Indians upon the land which may be selected as a reserve.\nThe Minister, therefore, recommends that in reply to Mr. Baker's communication, the\nProvincial authorities be informed, through the usual channel, that the Dominion Government\nwill be ready to instruct its Commissioner to proceed at once in the matter of the proposed\nremoval of the Songhees Indians, upon the Government of British Columbia intimating its\nassent to the following statement of the scope of the proposed Commission :\u00E2\u0080\u0094\n1. The Commissioners to select a tract of land as a new reserve for the Songhees Indians,\nand to value such land and the land comprised in the present reserve, assessing the difference\nin valuation, such difference to be made good by the Province, either by a money payment to\nthe Dominion Government as Trustee for the Indians, or by the allotting of additional land to\nthe satisfaction of the Superintendent-General of Indian Affairs, it being understood that such\nland as the Province may set apart for the Indians will be conveyed in fee simple to the Dominion Government, and that the land comprised in the Songhees Reserve will revert to the\nProvince.\n2. The Commission to value the improvements of individual Indians upon the Songhees\nReserve, such Indians to be compensated by the Province therefor by a money payment through\nthe Dominion Government, or by the making, at the cost of the Province, of improvements of\nequal value upon the land selected as a new reserve.\n3. The Commission to negotiate with the Indians as to their removal, and to fix the\ntime, and to make all necessary arrangements for such removal, the expenses of such removal\nto be borne by the Province.\n4. The expenses incurred by each Commissioner to be paid by his respective Government.\n5. Nothing which may be agreed to by the two Governments and the Indians in respect\nto this matter, to in any way affect the claims of either Government as to other Indian Reserves\nin the Province.\n6. The report of the Commissioners to be subject to the approval of their respective Governments, and the Indians of the Songhees Band to be consenting parties to the removal.\nThe Minister further recommends that as to the revision of Indian Reserves in British\nColumbia, as suggested by Mr. Baker, the Provincial authorities be informed that it is not\nthought advisable to deal with the question of revision until the reference to the Supreme Court,\nrespecting the rights of the Province and the Dominion in Indian Reserves in British Columbia has been disposed of.\nThe Committee, on the recommendation of the Superintendent-General of Indian Affairs,\nadvise that a certified copy of this Minute be transmitted to the Lieutenant-Governor of British\nColumbia for the information of his Government. All which is respectfully submitted for\nYour Excellency's approval.\n(Signed) John J. McGee,\nClerk of the Privy Council.\nHis Honour,\nThe Lieutenant-Governor,\nProvince of British Columbia.\nCopy of a Report of a Committee of the Honourable the Executive Council, approved by\nHis Honour the Lieutenant-Governor on the 15th day of March, 1897.\nOn a memorandum from the Honourable the Provincial Secretary, dated the 10th of\nMarch, 1897, stating that a communication has been received from the Honourable the Secretary of State of Canada covering a report of the Privy Council of the 23rd ultimo, in reference\nto the negotiations now pending in relation to the removal of the Songhees Indians from the\nIndian Reserve, which is located in the City of Victoria.\nThe Minister remarks that the Dominion Government sets forth in the said Minute the\ndetails of a letter from the Honourable the Provincial Secretary, dated 10th September, 1896\nand bearing on the question as follows : 60 Vict. Further Papers\u00E2\u0080\u0094Songhees Indian Reserve. 623\n1. The Province to bear the entire expenses of the removal of the Indians to any new\nReserve which may be selected.\n2. That in consideration of doubt as to the question of ownership of the fee simple of\nlands comprising the Songhees Reserve, but without prejudice to any right of ownership of the\nfee simple of lands comprised in other Indian Reserves in the Province, the Province, in order\nto promote an early settlement of the question of the removal of the Songhees, will hand over\nto the Dominion Government the fee simple of the lands selected as a Reserve in lieu of the\nReserve at present occupied by the Songhees.\n3. That the lands vacated by the Indians in the Songhees Reserve shall become the\nproperty of the Provincial Government.\nWith regard to these suggestions the Honourable the Superintendent-General of Indian\nAffairs, to whom a copy of the said letter of the 10th of September last was referred,\n\" represents, after careful consideration, that while he considers Mr. Baker's statement as to\n\" the basis upon which the Commissioners should proceed to be correct as far as it goes, he is\n\" of opinion that it is not sufficiently comprehensive to secure a final disposal of the question\n\" as the result of the Commissioners' work. The tract of land comprised in the Songhees\n\" Reserve is a very valuable one, and it will, therefore, be necessary to have it stipulated that\n\" the Commission should value the land comprised in the Songhees Reserve, and the land\n\" which the Provincial Government will be prepared to set aside for the Indians in lieu thereof,\n\" and assess the difference in value, with a view to the Province paying the difference in value\n\" to the Dominion Government, to be held in trust for the Indians ; or, in the event of the\n\" Provincial Government being adverse to making a money payment, the Provincial Govern-\n\" ment to set aside such additional land as will fully compensate the Indians for the loss of the\n\" Songhees Reserve.\n\" The Minister further represents that it will also be necessary to provide that the Com-\n\" missioners should value the improvements of the individual Indians upon the Songhees\n\" Reserve with a view to the Indians being compensated therefor by the Provincial authorities,\n\" either by a money payment through the Dominion Government, or by the making of\n\" improvements for such individual Indians upon the land which may be. selected as a Reserve.\n\" The Minister, therefore, recommends that in reply to Mr. Baker's communication the\n\" Provincial authorities be informed, through the usual channel, that the Dominion Government\n\" will be ready to instruct its Commissioner to proceed at once in the matter of the proposed\n\" removal of the Songhees Indians upon the Government of British Columbia intimating its\n\" assent to the following statement of the scope of the proposed Commission :\n\" 1. The Commissioners to select a tract of land as a new Reserve for the Songhees\n\" Indians, and to value such land and the land comprised in the present Reserve, assessing the\n\" difference in valuation, such difference to be made good by the Province, either by a money\n\" payment to the Dominion Government as trustee for the Indians, or by the allotting of\n\" additional land to the satisfaction of the Superintendent-General of Indian Affairs, it being\n\" understood that such land as the Province may set apart for the Indians will be conveyed in\n\" fee simple to the Dominion Government, and that the land comprised in the Songhees\n\" Reserve will revert to the Province.\n\" 2. The Commission to value the improvements of individual Indians upon the Songhees\n\" Reserve, such Indians to be compensated by the Province therefor by a money payment\n\" through the Dominion Government, or by the making, at the cost of the Province, of im-\n\" provements of equal value upon the land selected as a new Reserve.\n\" 3. The Commission to negotiate with the Indians as to their removal, and to fix the\n\" time, and to make all necessary arrangements for such removal, the expenses of such removal\n\" to be borne by the Province.\n\" 4. The expenses incurred by each Commissioner to be paid by his respective Government.\n\" 5. Nothing which may be agreed to by the two Governments and the Indians in respect\n\" to this matter to, in any way, affect the claims of either Government as to other Indian\n\" Reserves in the Province.\n\" 6. The report of the Commissioners to be subject to the approval of their respective\n\" Governments, and the Indians of the Songhees Band to be consenting parties to the removal.\"\nThe Honourable the Provincial Secretary submits that it would not be equitable nor for\nthe interest of the Province to introduce into the negotiations the question of any compensation to the Indians for their removal other than that of rehabilitation. 624 Further Papers\u00E2\u0080\u0094Songhees Indian Reserve. 1897\nThe present value of the Songhees Reserve is not ancillary to the transaction of the relocation of the Indians upon ground which would satisfy their desires.\nThe value of the present Songhees Reserve has been created by causes entirely independent of the said Indians and in' spite of their customs, habits and avocations, and although the\nSonghees Indians claim, by a deed of sale of their lands to the Hudson's Bay Company, dated\n30th April, 1850, the use of the lands on the following conditions : \"That our villages, sites\n\" and enclosed fields are to be kept for our own use, for the use of our children, and for those\n\" who may follow after us.\"\nThe aforesaid deed does not bar a voluntary surrender by the Songhees Indians of the\naforesaid rights of location, in consideration of another location which would be equally satisfactory to them as a Reserve.\nThe question resolves itself into a voluntary agreement between the Songhees Indians of\nthe first part, and the Dominion and Provincial Governments of the second part and, inasmuch\nas the Provincial Government has consented to waive, in this particular case, any title in fee\nof the proposed new location, and agrees that the fee simple of the land of the new location\nshall be vested in the Dominion for the use of the Songhees Indians, but without prejudice to\npending litigation in the Supreme Court respecting the rights of the Province and the\nDominion in the Indian Reserves of British Columbia, it is only equitable that the right and\ntitle to the fee of the land of the present Songhees Reserve should continue to vest in the\nProvince after the removal of the Songhees Indians to a new location.\nIf an agreement can be arranged with the Dominion Government in accordance with the\naforesaid views of the Province, the remaining clauses, 2, 3, 4, 5 and 6, of the proposal made\nby the Superintendent-General of Indian Affairs as contained in the aforesaid Report of the\nPrivy Council of the 23rd of February, 1897, may be agreed to by the Province as a basis upon\nwhich the Joint Commission may act.\nThe Committee of Council concur and advise that a certified copy of this Minute, if approved, be transmitted to the Honourable the Secretary of State of Canada.\n(Certified) A. Campbell Reddie,\nDeputy Clerk Executive Council.\nvictoria, b. c. :\nPrinted by Richard Wolfenden, Printer to the Queen's Most Excellent Majesty\n1897."@en . "Legislative proceedings"@en . "J110.L5 S7"@en . "1897_35_0621_0624"@en . "10.14288/1.0063711"@en . "English"@en . "Vancouver : University of British Columbia Library"@en . "Victoria, BC : Government Printer"@en . "Images provided for research and reference use only. For permission to publish, copy or otherwise distribute these images please contact the Legislative Library of British Columbia"@en . "Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia"@en . "RETURN To an Address presented to His Honour the Lieutenant-Governor, praying him to cause to be laid before the House copies of all correspondence which has passed between his Government and the Government of the Dominion of Canada, with reference to the question of the removal of the Indians from the Songhees Reserve since the return dated the 11th February, 1897, was presented to the House."@en . "Text"@en . ""@en .