Articles of a Treaty made and concluded
this twenty-second day of September, in the year of our Lord, one thousand
eight hundred and seventy-seven, between HER MOST GRACIOUS MAJESTY THE
QUEEN of Great Britain and Ireland, by Her Commissioners, the Honorable
DAVID LAIRD, Lieutenant-Governor and Indian Superintendent of the
North-West Territories, and JAMES FARQUHARSON MACLEOD, C.M.G.,
Commissioner of the North-West Mounted Police, of the one part, and the
Blackfeet, Blood, Peigan, Sarcee, Stoney and other Indians, inhabitants of
the Territory north of the United States Boundary Line, east of the
central range of the Rocky Mountains, and south and west of Treaties
numbers six and four, by their Head Chiefs and Minor Chiefs or Councillors,
chosen as hereinafter mentioned, of the other part.
Whereas
the Indians inhabiting the said Territory have, pursuant to an
appointment made by the said Commissioners, been convened at a meeting at
the “Blackfoot Crossing’ of the Bow River, to deliberate upon certain
matters of interest to Her Most Gracious Majesty of the one part,
and the said Indians of the other;
And Whereas the said Indians have been informed by Her
Majesty’s Commissioners that it is the desire of Her Majesty to
open up for settlement, and such other purposes as to Her Majesty
may seem meet, a tract of country, bounded and described as hereinafter
mentioned, and to obtain the consent thereto of Her Indian subjects
inhabiting the said tract, and to make a Treaty, and arrange with them, so
that there may be peace and good will between them and Her Majesty
and between them and Her Majesty’s other subjects; and that Her
Indian people may know and feel assured of what allowance they are to
count upon and receive from Her Majesty’s bounty and benevolence;
And Whereas the Indians of the said tract, duly convened
in Council, and being requested by Her Majesty’s Commissioners to
present their Head Chiefs and Minor Chiefs, or Councillors, who shall be
authorized, on their behalf, to conduct such negotiations and sign any
Treaty to be founded thereon, and to become responsible to Her Majesty
for the faithful performance, by their respective Bands of such
obligations as should be assumed by them, the Blackfeet, Blood, Peigan and
Sarcee Indians have therefore acknowledged for the purpose, the several
Head and Minor Chiefs, and the said Stoney Indians, the Chiefs and
Councillors who have subscribed hereto; that thereupon, in open Council,
the said Commissioners received and acknowledged the Head and Minor Chiefs
and the Chiefs and Councillors presented for the purpose aforesaid;
And Whereas the said Commissioners have proceeded to
negotiate a Treaty with the said Indians; and the same has been finally
agreed upon and concluded as follows, that is to say: the Blackfeet,
Blood, Peigan, Sarcee, Stoney and other Indians inhabiting the District
hereinafter more fully described and defined, do hereby cede, release,
surrender, and yield up to the Government of Canada for Her Majesty
the Queen and her successors for ever, all their rights, titles and
privileges whatsoever to the lands included within the following limits,
that is to say:
Commencing at a point on the International Boundary due south of the
western extremity of the Cypress Hills, thence west along the said
boundary to the central range of the Rocky Mountains, or to the boundary
of the Province of British Columbia, thence north-westerly along the said
boundary to a point due west of the source of the main branch of the Red
deer River, thence south-westerly and southerly following on the
boundaries of the Tracts ceded by the Treaties numbered six and four to
the place of commencement;
And also all their rights, titles and privileges whatsoever, to all
other lands wherever situated in the North-west Territories, or in any
other portion of the Dominion of Canada:
To have and to hold the same to Her Majesty the Queen and Her
successors forever:
And Her Majesty the Queen hereby agrees with Her said Indians,
that they shall have right to pursue their vocations of hunting throughout
the Tract surrendered as heretofore described, subject to such regulations
as may, from time to time, be made by the Government of the country,
acting under the authority of Her Majesty, and saving and excepting such
Tracts as may be required or taken up from time to time for settlement,
mining, trading or other purposes by Her Government of Canada; or by any
of Her Majesty’s subjects duly authorized therefore by the said
Government.
It is also agreed between Her Majesty and Her said Indians that
Reserves shall be assigned them of sufficient area to allow one square
mile for each family of five persons, or in that proportion for larger and
smaller families, and that said Reserves shall be located as follows, that
is to say:
FIRST – The Reserves of the Blackfeet, Blood and Sarcee Bands of
Indians, shall consist of a belt of land on the north side of the Bow and
South Saskatchewan Rivers, of an average width of four miles along said
rivers, downstream, commencing at a point on the Bow River, River twenty
miles north-westerly of the Blackfoot Crossing thereof, and extending to
the Red Deer River at its junction with the South Saskatchewan; also for
the term of ten years, and no longer, from the date of the concluding of
this Treaty, when it shall cease to be a portion of said Indian reserves,
as fully to all intents and purposes as if it had not at any time been
included therein, and without any compensation to individual Indians for
improvements, of a similar belt of land on the south side of the Bow and
Saskatchewan Rivers of an average width of one mile along said rivers,
down stream; commencing at the aforesaid point on the Bow River, and
extending to a point one mile west of the coal seam on said river, about
five miles below the said Blackfoot Crossing; beginning again one mile
east of the said coal seam and extending to the mouth of Maple creek at
its junction with the South Saskatchewan; and beginning again at the
junction of the Bow River with the latter river, and extending on both
sides of the South Saskatchewan in an average width on each side thereof
of one mile, along said river against the stream, to the junction of the
Little Bow River with the latter river, reserving to Her Majesty as
may now or hereafter be required by Her for the use of Her Indian and
other subjects, from all the reserves hereinbefore described, that right
to navigate the above mentioned rivers, to land and receive fuel and
cargoes on the shores and banks thereof, to build bridges and establish
ferries thereon, to use the fords thereof and all the trails leading
thereto, and to open such other roads through the said Reserves as may
appear to Her Majesty’s Government of Canada, necessary for the
ordinary travel of Her Indian and other subjects, due compensation being
paid to individual Indians for improvements , when the same may be in any
manner encroached upon by such roads.
SECONDLY – That the Reserves of the Peigan Band of Indians shall
be on the Old Man’s River, near the foot of the Porcupine Hills at a place
called “Crow’s Creek.”
AND THIRDLY – The Reserve of the Stoney Band of Indians shall be
in the vicinity of Morleyville.
In view of the satisfaction of Her Majesty with the recent
general good conduct of her said Indians, and in extinguishment of all
their past claims, she hereby, through Her Commissioners, agrees to make
them a present payment of twelve dollars each in cash to each man, woman
and child of the families here represented.
Her Majesty also agrees that next ear, and annually afterwards
forever, she will cause to be paid to the said Indians, in cash, at
suitable places and dates, of which the said Indians shall be duly
notified, to each Chief, twenty-five dollars, each minor Chief or
Councillors (not exceeding fifteen minor Chiefs to the Blackfeet and Blood
Indians, and four to the Peigan and Sarcee Bands, and five councillors to
the Stoney Indian Bands), fifteen dollars, and to every other Indian of
whatever age, five dollars; the same, unless there be some exceptional
reason, to be paid to the heads of families for those belonging thereto.
Further Her Majesty agrees that the sum of two
thousand dollars shall hereafter every year be expended in the purchase of
ammunition for distribution among the said Indians PROVIDED, that if at
any future time ammunition become comparately unnecessary for said
Indians, Her Government, with the consent of said Indians, or any of the
Bands thereof, may expend the proportion due to each Band otherwise for
their benefit.
Further Her Majesty agrees that each Head Chief
and Minor Chief, and each Chief and Councillor duly recognized as such,
shall, once in every three years, during the term of their office, receive
a suitable suit of clothing, and each Head Chief and Stoney Chief, in
recognition of the closing of the Treaty, a suitable medal and flag, and
next year, or as soon as convenient, each head Chief, and Minor Chief, and
Stoney Chief shall receive a Winchester rifle.
Further Her Majesty agrees to pay the salary of
such teachers to instruct the children of said Indians as to Her
Government of Canada may seem advisable, when said Indians are settled on
their Reserves and shall desire teachers.
Further Her Majesty agrees to supply each Head and
Minor Chief, and each Stoney Chief, for the use of their Bands, ten axes,
five handsaws, five augers, one grindstone, and the necessary files and
whetstones.
And Further, Her Majesty agrees that the said
Indians shall be supplied as soon as convenient, after any Band shall make
due application therefore, with the following cattle for raising stock,
that is to say: for every family of five persons, and under, two cows; for
every family of more than five persons, and less than ten persons, three
cows, for every family of over ten persons, four cows; and every Head and
Minor Chief, and every Stoney Chief, for the use of their Bands, one bull;
but if any Band desire to cultivate the soil as well as raise stock, each
family of such Band shall receive one cow less than the above-mentioned
number, and in lieu thereof, when settled on their Reserves and prepared
to break up the soil, two hoes, one spade, one scythe, and two hay forks,
and for every three families, one plough and one harrow, and for each
Band, enough potatoes, barley, oats and wheat (if such seeds be suited for
the locality of their reserves) to plant the land actually broken up. All
the aforesaid articles to be given, once for all, for the encouragement of
the practice of justice and punishment any India offending against the
stipulations of this Treaty, or infringing the laws in force in the
country so ceded.
And the undersigned Blackfeet, Blood, Peigan and Sarcee Head Chiefs and
Minor Chiefs, and Stoney Chiefs and Councillors, on their own behalf and
on behalf of all other Indians inhabiting the Tract within ceded, do
hereby solemnly promise and engage to strictly observe this Treaty, and
also to conduct and behave themselves as good and loyal subjects of Her
Majesty the Queen. They promise and engage that they will, in all
respects, obey and abide by the Law; that they will maintain peace and
good order between each other and between themselves and other tribes of
Indians, and between themselves and others of Her Majesty’s
subjects, whether Indians, Half-Breeds or Whites, now inhabiting, or
hereafter to inhabit, any part of the said ceded tract; and that they will
not molest the person or property of any inhabitant of such ceded tract,
or the property of Her Majesty the Queen or interfere with or
trouble any person, passing or travelling through the said tract or any
art thereof, and that they will assist the officers of Her Majesty
in bringing to justice and punishment any Indian offending against the
stipulations of this Treaty, or infringing the laws in force in the
country so ceded.
In Witness Whereof, Her Majesty’s said
Commissioners, and the said Indian Head and Minor chiefs and Stoney Chiefs
and Councillors, have hereunto subscribed and set their hands, at the
“Blackfoot Crossing” of the Bow River, the day and year herein first above
written.
Signed by the Chiefs and Councillors within named in presence of the
following witnesses, the same having been first explained by JAMES BIRD,
Interpreter:
A.G. IRVINE, Assistant Com. N.W.M.P.
J. MacDOUGALL, Missionary.
JEAN L’HEUREUX.
W. WINDER, Inspector.
T.N.F. CROZIER, Inspector.
E. DALRYMPLE CLARK, Lieutenant and Adjutant N.W.M.P.
A. SHURTLIFF, Sub-Inspector.
C.E. DENING, Sub-Inspector.
W.D. AUTROBUS, Sub-Inspector.
FRANK NORMAN, Staff Constable.
MARY J. MacLEOD.
JULIA WINDER.
JULIA SHURTLIFF.
E. HARDISTY.
A. MacDOUGALL.
E.A. BARRETT.
CONSTANTINE SCOLLEN, Priest, witness to signatures of Stonixosak and those
following.
CHARLES E. CONRAD.
THOMAS J. BOGG.
DAVID LAIRD, Lieutenant-Governor of NorthWest Territories, and Special
Indian Commissioner.
JAMES F. MacLEOD, Lieut.-Colonel, Com. N.W.M.P., and Special Indian
Commissioner
CHAPO-MEXICO, or Crowfoot, Head Chief of the South Blackfeet.
MATOSE-APIW, or Old Sun, Head Chief of the North Blackfeet.
STAMISCOTOCAR, or Bull Head, Head Chief of the Sarcees.
MEKASTO, or Red Crow, Head Chief of the South Bloods.
NATOSE-ONISTORS, or Medicine Calf.
POKAPIW-OTOIAN, or Bad Head.
SOTENAH, or Rainy Chief, Head Chief of the North Bloods.
TOKOYE-STAMIX, or Fiend Bull.
AKKA-KITCIPIMIW-OTAS, or Many Spotted Horses.
ATTISTAH-MACAN, or Runing Rabbit.
PITAH-PEKIS, or Eagle Rib.
SAKOYE-AOTAN, or Heavy Shield, Head Chief of the Middle Blackfeet.
ZOATZE-TAPITAPIW, or Setting on an Eagle Tail, Head Chief of the North
Peigans.
AKKA-MAKKOYE, or Many Swans.
APENAKO-SAPOP, or Morning Plume.
MAS-GWA-AH-SID, or Bear’s Paw.
CHE-ME-KA, or John.
KI-CHI-PWOT, or Jacob.
STAMIX-OSOK, or Bull Bacfat.
EMITAH-APISKINNE, or White Striped Dog.
MATAPI-KOMOFZIW, or the Captive or Stolen Person.
APAWAWAKOSOW, or White Antilope.
MAKOYE-KIN, or Wolf Collar.
AYE-STIPIS-SIMAT, or Heavily Whipped.
KISSOUM, or Day Ligth.
PITAH-OTOCAN, or Eagle Head.
APAW-STAMIX, or Weasel Bull.
ONISTAH-POKAH, or White Calf.
NETAH-KITEI-PIMEW, or Only Spot.
AKAK-OTOS, or Many Horses.
STOKIMATIS, or The Drum.
PITAH-ANNES, or Eagle Robe.
PITAH-OTSIKIN, or Eagle Shoe.
STAMIXO-TA-KA-PIW, or Bull Turn Round.
MASTE-PITAH, or Crow Eagle.
JAMES DIXON.
ABRAHAM KECHEPWOT.
PATRICK KECHEPWOT.
GEORGE MOY-ANY-MEN.
GEORGE CRAWLOR.
EKAS-KINE, or Low Horn.
KAKO-OKOSIS, or Bear Shield.
PONOKAH-STAMIX, or Bull Elk.
OMAKSI SAPOP, or Big Plume.
ONISTAH, or Calf Robe.
PITAH-SIKSINUM, or White Eagle.
APAW-ONISTAW, or Weasel Calf.
ATTISTA-HAES, or Rabit Carrier.
PITAH, or Eagle.
PITAH-ONISTAH, or Eagle White Calf.
KAYE-TAPO, or Going to Bear.
* All names and spellings taken from the original treaty document.
the members of the Blackfoot tribe of Indians having had explained to
us the terms of the Treaty made and concluded at the Blackfoot Crossing of
the Bow River, on the twenty-second day of September, in the year of our
Lord one thousand eight hundred and seventy-seven;
Between Her Majesty the Queen by Her Commissioners duly
appointed to negotiate the said Treaty and the Blackfeet, Blood, Peigan,
Sarcee, Stony and other Indian inhabitants of the country within the
limits defined in the said Treaty, but not having been present at the
Councils at which the articles of the said Treaty were agreed upon, do now
hereby, for ourselves and the Bands which we represent, in consideration
of the provisions of the said Trety being extended to us and the Bands
which we represent, transfer, surrender and relinquish to Her Majesty
the Queen Her heirs and successors, to and for the use of Her
Government of the Dominion of Canada, all our right, title and interest
whatsoever which we and the said Bands which we represent have held or
enjoyed of in and to the territory described and fully set out in the said
Treaty; also, all our right, title and interest whatsoever to all other
lands wherever situated whether within the limits of any other Treaty
heretofore made or hereafter to be made with Indians, or elsewhere in
Her Majesty’s Territories, to have and to hold the same unto and for
the use of Her Majesty the Queen Her heirs and successors forever;
And we hereby agree to accept the several benefits, payments, and
Reserves promised to the Indians under the Chiefs adhering to the said
Treaty at the Blackfoot Crossing of the Bow River, and we solemnly engage
to abide by, carry out and fulfill all the stipulations, obligations and
conditions therein contained on the part of the Chiefs and Indians therein
named, to be observed and performed and in all things to conform to the
articles of the said Treaty, as if we ourselves and the Bands which we
represent had been originally contracting parties thereto and had been
present at the Councils held at the Blackfoot Crossing of the Bow River,
and had there attached our signatures to the said Treaty.
In Witness Whereof , JAMES FARQUHARSON MacLEOD, C.M.G.,
one of Her Majesty’s Commissioners appointed to negotiate the said
Treaty and the Chief of the Band, hereby giving their adhesion to the said
Treaty, have hereunto subscribed and set their hands at FORT MacLEOD, this
FOURTH DAY of DECEMBER, in the year of our Lord one thousand eight hundred
and seventy-seven.
SIGNED by the parties hereto in the presence of the undersigned
witnesses, the same having been explained to the Indians by the said JAMES
FARQUHARSON MacLEOD, one of the Commissioners appointed to negotiate the
said Treaty, through the interpreter, JERRY POTTS, in the presence of:
A.G. IRVINE, Assistant
Commissioner .
E. DALRYMPLE CLARK, Lieutenant and Adjutant, N.W.M.P.
CHARLES E. CONRAD
W. WINDER, Inspector .
JAMES F. MacLEOD, LIEUT.-Col., Special Indian Commissioner .
MEANXKISTOMACH, or THREE BULLS.
