40

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ENTRY YEAR MONTH DAY NO. FIRSTNATIONSURRENDERING OTHERSURRENDERER LOCATIONNAME COUNTY INDEXTEXT PAGE VOLUME
149 1835 4 2 40 SIX NATIONS BRANTFORD TOWNSHIP BRANT BY SIX NATION INDIANS. PART OF TOWNSHIP (48,000 ACRES) 48 I
1184 1835 4 2 40 SIX NATION BRANTFORD TOWNSHIP BRANT COUNTY SIX NATION INDIANS -- PART OF BRANTFORD TOWNSHIP, BRANT COUNTY (48,000 ACRES) 96 I

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Treaty No. 40, dated April 2, 1835, between the Six Nations and Crown, describes a tract of land being purchased by the Crown in trust. This tract of land is a subsection of the lands described in Treaty No. 4.

Transcribed Source Document Texts

This Indenture, made the second day of April, in the year of Our Lord one thousand eight hundred and thirty-five, between Henry Brant, William Doxtater, Joseph Hess. Jacob Martin, Isaac Lock, John Johnson, Aaron Frashier, Awennaras, Onakarontan, Skanawatih, Oyatajiwak, Ahriron, Asarekrwah, Kahnehtakeh, Kanonheritawi, Peter Green, Joseph Karouhyontye, Shoherese, Tesonarenyen, Onahteron, Joseph Doxtater, Otshaton, Tayekawehhe, John Silver, John Obadiah and William Alvis, Sachems or Chiefs and Principal Men of the Six Nations Indians, possessing and residing on the tract of land commonly called the Ouse or Grand River tract, of the one part, and Our Sovereign Lord William the Fourth of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, of the other part.

Whereas, His Late Majesty, King George the Third, of glorious memory, in consideration of the early attachment to his cause manifested by the Chief Warriors and people of the Mohawk Indians and of the loss of their settlement which they thereby sustained, and being desirous of showing his royal approbation of the same and of recompensing the losses which they had sustained, was graciously pleased to authorize and permit the said Mohawk Indians and such other of the Six Nations of Indians as wished to settle in that quarter to take possession of and settle upon the banks of the river commonly called the Ouse or Grand River, running into Lake Erie, allotting to them for that purpose six miles deep from each side of the river, which they and their posterity were to enjoy for ever.

[1] Source document pg.1

And whereas it hath been resolved by the Indians now inhabiting and residing upon the said tract of land, at a meeting in Council of their Chiefs and Principal Men convened and held at the Mohawk Village, on the twenty-ninth day of January last past, that it would be greatly for the profit of the said Indians and their posterity if certain parcels or tracts of land occupied by them were surrendered to His Majesty, for the purpose of being sold, and the moneys arising therefrom applied to and for the use and benefit of the said Six Nations Indians and their posterity, and by articles of provisional agreement made and entered into at the said meeting in Council, on the said twenty-ninth day of January, between James Winniett, Esquire, Superintendent of Indian Affairs, on the part and behalf of His present Majesty, King William the Fourth, of the one part, and the Chiefs and Principal Men of the said Six Nations Indians, residing on the said tract of land on the other part, they the said Chiefs and Principal Men did agree, as well on their own behalf as on the behalf of the said Six Nations Indians residing as aforesaid, to surrender to His said Majesty, His heirs and successors, a certain tract or parcel of land hereinafter described, being part and parcel of the said tract of land, possession of which was granted to the said Indians as aforesaid, for the purpose of the same being so sold by His said Majesty in trust for the Indians as aforesaid.

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Now this Indenture Witnesseth that the said Henry Brant, William Doxtater, Joseph Hess, Jacob Martin, Isaac Lock, John Johnson, Aaron Frashier, Awennaras, Onakarontan, Skanawatih, Oyatajiwak, Ahriron, Asarekrwah, Kahnehtakeh, Kanonheritawi, Peter Green, Joseph Karoukyontye, Shoherese, Tesonarenyen, Onahtoron, Joseph Doxtater, Otshaton, Tayekawehhe, John Silver, John Obadiah and William Alvis, Chiefs or Principal Men of the Mohawk or Six Nations Indians residing on the said tract of land commonly called the Ouse or Grand River tract in pursuance of the said resolution and agreement in Council as aforesaid, have and each of them hath, as well on their own behalf as also on the behalf of the Mohawk or Six Nations Indians residing on the tract aforesaid, surrendered and yielded up and by these presents do and each of them doth surrender and yield up unto Our Sovereign Lord the King’s Most Excellent Majesty, His heirs and successors, all and singular that parcel or tract of land, being parcel of the tract originally given to the said Mohawk or Six Nations Indians on the Ouse or Grand River as aforesaid containing by admeasurement forty-eight thousand acres or thereabouts, and butted and bounded or otherwise known as follows, that is to say: Commencing on the western limit of the Township of Ancaster and on the south side of the allowance for road between the first and second concessions of the Township of Brantford; then south seventy-eight degrees west along the south side of the said allowance for road one thousand and thirty-two chains and thirty-nine links, more or less, to the Township of Burford; then south fifteen degrees forty minutes east four hundred and eleven chains and six links, more or less, along the eastern limit of the said Township of Burford to the northerly angle of the said Township of Oakland; then south sixty-two degrees thirty minutes east three hundred and seventy-five chains, more or less, along the northerly limit of the said Township of Oakland to the south side of the public highway or road leading from Malcolm’s Mills in the said Township of Oakland through the settlement and village of Mount Pleasant to the Town of Brantford; then north-easterly along the south side of the said public highway or road crossing the said Ouse or Grand River on the bridge at the Town of Brantford five hundred chains, more or less, to the western limit of the Town of Brantford on the south side of Colborne street; then north fifteen degrees east twenty-seven chains, more or less, to a certain stone at the northerly angle of Robert Biggar’s land; then north twenty-seven degrees thirty minutes east fifty-nine chains twenty-six links, more or less, to the north-west angle of the town plot of Brantford; then north eighty-four degrees thirty minutes east eighty-two chains twenty-eight links, more or less, to the north-east angle of the said town plot of Brantford; then south eighteen degrees thirty minutes west seventy-nine chains forty-five links, more or less, to the north side of Colborne street, at the eastern limit of the said Town of Brantford; then south five degrees thirty minutes east one chain, more or less, to the south side of Colborne street; then easterly along the south side of the public highway or road leading from the said Town of Brantford to Ancaster, seven hundred and fifty chains, more or less, to the western limit of the said Township of Ancaster; then north sixty-two degrees thirty minutes west five hundred and fifty chains, more or less, to the place of beginning; together with all woods, underwoods, ways, water-courses, improvements, profits, commodities, hereditaments and appurtenances thereon lying and being or thereto belonging, or in any wise appertaining; and all reversion and reversions, remainder and remainders, rents, issues and profits thereof, with their and every of their appurtenances; and all the estate, right, title, interest, property, claim and demand whatsoever, both at law and in equity, of them the said Chiefs and Principal Men and of the said people of the Mohawks or Six Nations Indians and their posterity for ever, of, in, to or out of the said parcel or tract of land hereby surrendered, with their appurtenances, to the end, intent and purpose that the said parcel or tract of land hereby surrendered as aforesaid shall and may, with all convenient speed, be sold by His Majesty, His heirs and successors, and the proceeds thereof be applied to and for the use and benefit of the said Six Nations Indians.

In Witness Whereof, the said parties to these presents have hereunto set their hands and seals the day and year first before written.

Reserving, nevertheless, from the above surrender and the description of the lands and premises therein described, all the lands embraced in the second concession of the said Township of Brantford, between lots number thirty-four and fifty-two; also all the lands embraced in the third and fourth concessions of the said Township of Brantford, lying west of a line run from the north-east angle of lot number fifty-one in the said third concession, south thirty degrees west seventy-nine chains, to Fairchild’s Creek, west of the said Fairchild’s Creek, north of the aforesaid public highway or road, east of the town plot of Brantford and east of the lands of William Kennedy Smith.

Signed, sealed and delivered in presence of

W.K. Smith,

Lewis Burwell,


Henry Brant, [L.S.]

William Doxtater, [L.S.]

Joseph Hess, [L.S.]

Jacob Marvin, [L.S.]

Isaac Lock, [L.S.]

John Johnson, [L.S.]

Aaron Frashier, [L.S.]

Awennaras,  [L.S.]

Onakaronton,  [L.S.]

Skanawatih, [L.S.]

Oyatajiwak, ([L.S.]

Ahriron, [L.S.]

Asarekrwah, [L.S.]

Kahnehtakeh, [L.S.]

Kanonakeritawi, [L.S.]

Peter Green, [L.S.]

Joseph Karouhyontye, [L.S.]

Shoherese, [L.S.]

Tesonarenyen, [L.S.]

Onahteron, [L.S.]

Joseph Doxtater, [L.S.]

Otshaton, [L.S.]

Tayekawehhe, [L.S.]

John Silver, [L.S.]

John Obadiah, [L.S]

William Alvis, [L.S.]

Jas. Winniett, [L.S.]

Sup. In. Affairs for the Six Nations.


In Council, 7th May, 1835.—Recommended that the within surrender to the Crown be accepted and recorded in the Registrar’s office of this Province.

Approved.

John Strachan, P.C.

J. Colborne.

Lieut.-Governor.


Entered in Book F, folios 11 and 12, 21st May, 1835.

D. Cameron,

Secy, and Regr.

  1. Canada Department of Indian Affairs. Indian Treaties and Surrenders, from 1680-1890. Ottawa: S.E. Dawson printer to the King’s most excellent majesty, 1905.