COPY OF TREATY
AND
SUPPLEMENTARY TREATY
N o. 7,
MADE 22ND SEPT., AND 4TH DEC., 1877,
BETWEEN
HER MAJESTY THE QUEEN
AND THE
BLACKFEET
AND
OTHER INDIAN TRIBES,
AT THE BLACKFOOT CROSSING
OF BOW RIVER
AND FORT MACLEOD.
LAYOUT IS
NOT EXACTLY LIKE ORIGINAL
TRANSCRIBED FROM:
Reprinted from
the Edition of 1877 by
©
ROGER DUHAMEL, F.R.S.C.
QUEEN'S PRINTER AND CONTROLLER OF STATIONERY
OTTAWA, 1966
Cat. No.: Ci
72-0766
IAND Publication No. QS-0575-000-EE-A
ORDER IN COUNCIL SETTING
UP COMMISSION FOR TREATY No. 7
P.C. No. 650
On a Report dated
28th June 1877 from the Honourable the Minister of the Interior stating
that it having been decided that a Treaty should be made this year with
the Blackfeet and other Indians occupying the unceded territory North
of the Boundary Line, East of the Rocky Mountains, and West and South
of Treaties Nos. 4 and 6, His Honor Lieut. Governor Laird was in the
early part of the year instructed to notify the Indians that Commissioners
would be sent in the Fall to negotiate a Treaty with them at such time
and place as His Honor might appoint for that purpose.
That His Honor has
advised the Department that he has accordingly notified the Indians
to assemble at Fort MacLeod on the 13th September next to meet the Commissioners
to be appointed to negotiate a Treaty with them. That the necessary
funds to meet the expense of the Treaty have been duly provided in the
Estimates for the coming year.
That the Territory
to be included in the proposed Treaty is occupied by the Blackfeet,
Crees, Sarcees and Peigans and may be estimated approximately at about
35,000 Square Miles in area.
The Minister recommends
that His Honor the Lieutenant Governor of the North West Territories
and Lieut. Colonel James F. Macleod, C.M.G., Commissioner of the Mounted
Police, be appointed Commissioners for the purpose of negotiating the
proposed Treaty.
The Committee submit
the foregoing recommendations for approval.
Approved
12 July 1877
Signed: Mr. B. Richards
Deputy
Governor
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,
Piegan, Sarcee, Stony 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
Crossingº 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 Majestyµs 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 Majestyµs
other subjects; and that Her Indian people may know and feel assured
of what allowance they are to count upon and receive from Her Majestyµs
bounty and benevolence;
And whereas the
Indians of the said tract, duly convened in Council, and being requested
by Her Majestyµs 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 said Blackfeet, Blood, Piegan and Sarcee Indians have therefore
acknowledged for that purpose, the several Head and Minor Chiefs, and
the said Stony 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, Piegan, Sarcee, Stony
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 for ever:
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 therefor 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, down stream, commencing
at a point on the Bow 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, the right
to navigate the above mentioned rivers, to land and receive fuel 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 Reserve of the Piegan 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 Stony 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 year, 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 Councillor (not exceeding fifteen minor
Chiefs to the Blackfeet and Blood Indians, and four to the Piegan and
Sarcee Bands, and five Councillors to the Stony 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
comparatively unnecessary for said Indians, Her Government, with the
consent of said Indians, or any of the Bands thereof, may expend the
proportion due to such 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 Stony 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 Stony 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 Stony 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 therefor, 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 Stony 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 agriculture
among the Indians.
And the undersigned
Blackfeet, Blood, Piegan and Sarcee Head Chiefs and Minor Chiefs, and
Stony 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 part 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 Stony 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 |
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within named in presence of the fol-
lowing witnesses, the same having
been first explained by James Bird,
Interpreter. |
DAVID LAIRD, Lieutenant-Governor of
North-West Territories, and Special
Indian Commissioner. |
A. G. IRVINE, Ass't. Com., N.W.M.P.
J. McDOUGALL, Missionary.
JEAN L'HEUREUX.
W. WINDER, Inspector.
T. N. F. CROZIER, Inspector.
E. DALRYMPLE CLARK, Lieut &
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. McDOUGALL
E. A. BARRETT.
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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
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CONSTANTINE SCOLLEN, Priest,
witness to signatures of Stonixosak and
those following.
CHARLES E. CONRAD.
THOS J. BOGG. |
NATOSE-ONISTORS, or Medicine
Calf
POKAPIW-OTOIAN, or Bad Head
SOTENAH, or Rainy Chief,
Head
Chief of the North
Bloods.
TAKOYE-STAMIX, or Fiend Bull.
AKKA-KITCIPIMIW-OTAS, or many
spotted
horses.
ATTISTAH-MACAN, or Running
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 Piegans
AKKA-MAKKOYE, or Many Swans
APENAKO-SAPOP, or Morning
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MAS-GWA-AH-SID,
or Bear's Paw
CHE-NE-KA,
or John,
KI-CHI-PWOT,
or Jacob,
STAMIX-OSOK,
or Bull Backfat,
EMITAH-APISKINNE,
or White Striped Dog,
MATAPI-KOMOTZIW,
or the Captive or
Stolen Person,
APAWAWAKOSOW, or
White Antelope,
MAKOYE-KIN,
or Wolf Collar,
AYE-STIPIS-SIMAT,
or Heavily Whipped,
KISSOUM,
or Day Light,
PITAH-OTOCAN,
or Eagle Head,
APAW-STAMIX,
or Weasel Bull,
ONISTAH -POKAH,
or White Calf,
NETAH-KITEI-PI-MEW
or Only Spot,
AKAK-OTOS,
or Many Horses,
STOKIMATIS,
or The Drum
PITAH-ANNES
or Eagle Robe
PITAH-OTISKIN,
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,
KAYO-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 Rabbit Carrier,
PITAH,
or Eagle,
PITAH-ONISTAH,
or Eagle White Calf,
KAYE-TAPO,
or Going to Bear,
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We 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, Piegan, 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 Treaty 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 fulfil 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 and eight hundred and seventy-seven.
Signed by the parties hereto
in the presence of the under-
signed witnesses, the same hav-
ing been explained to the Indians
by the said James Farquharson
MacLeod, one of the Commis-
sioners appointed to negotiate
the said Treaty, through the
interpreter, Jerry Potts, in the
presence of
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