56

From Mapping Land Theft by Canada
Jump to navigation Jump to search

Index Text

Click "Expand" to expand index table

ENTRY YEAR MONTH DAY NO. FIRSTNATIONSURRENDERING OTHERSURRENDERER LOCATIONNAME COUNTY INDEXTEXT PAGE VOLUME
213 1846 7 11 56 SIX NATIONS TYENDENAGA TOWNSHIP HASTINGS (CATHCART, EARL OF, GOVERNOR)—BY SIX NATION INDIANS. PARTS OF LOTS 5 AND 6, INCLUDING STREET ALLOWANCES, CON. 1, SOUTH OF THE ROAD, TYENDENAGA TOWNSHIP, HASTINGS COUNTY 133 I
856 1846 7 11 56 MOHAWK TYENDENAGA TOWNSHIP HASTINGS PARTS OF 5 AND 6, INCLUDING STREET ALLOWANCES, CON. 1, SOUTH OF THE ROAD, TYENDENAGA TOWNSHIP, HASTINGS COUNTY. TO EARL OF CATHCART, GOVERNOR 133 I
1314 1846 7 11 56 MOHAWK TYENDEAGA TOWNSHIP HASTINGS COUNTY BY MOHAWK INDIANS. PARTS OF LOTS 5 AND 6, INCLUDING STREET ALLOWANCES, CON. 1, SOUTH OF THE ROAD. TO EARL CATHCART, GOVERNOR 133 I

Click here for a full screen map

Source document pg. 1[1]
pg.2
pg.3
pg.4

Transcribed Source Document

No. 56


To all to whom these presents shall come:—


We, the Chiefs, Warriors, Women and People of the Six Nations Indians, residing in the District or Territory called the Tyendinaga District,— send Greeting.


Whereas, His late Majesty King George the Third, by His Letters Patent under the Great Seal of that part of the Province of Canada heretofore known as the Province of Upper Canada, and bearing date on or about the first day of April, in the year of Our Lord one thousand seven hundred and ninety-three, after reciting that the attachment and fidelity of the Chiefs, Warriors and People of the Six Nations to His said Majesty and His Government had been made manifest on divers occasions by their spirited and zealous exertions and by the bravery of their conduct, and His said Majesty being desirous of showing His approbation of the same and in recompense of the losses they might have sustained of providing a convenient tract of land under his protection for a safe and comfortable retreat for them and their posterity, did of His special grace, certain knowledge and mere motion, give and grant unto the Chiefs, Warriors and people of the said Six Nations and their heirs for ever—All that district or territory of land, being parcel of a certain district lately purchased by His said Majesty of the Mississagua Nation, lying and being, and limited and bounded as follows, that is to say): The tract bounded in front by the Bay of Quinté between the mouths of the River Shannon and Bowen’s Creek, about twelve miles westerly by a line running north sixteen degrees west from the west side of the mouth of the River Shannon and easterly by a line running north sixteen degrees west from the mouth of Bowen’s Creek, and northerly by a line running east sixteen degrees north and west sixteen degrees south at the distance of about thirteen miles back from the Bay of Quinté, measured on the western boundary aforesaid, to the north-east angle of the Township of Thurlow: To have and to hold the said district or territory of land of His said Majesty and His heirs and successors to them the Chiefs, Warriors, Women and People of the said Six Nations, and to have for the use and behoof of them and their heirs for ever, freely and clearly, of and from all manner of rents, fines, or services whatsoever, to be rendered by them the said Chiefs, Warriors, Women and People of the said Six Nations to His said Majesty and His successors for the same, and of and from all conditions, stipulations and agreements whatsoever, except as in the said Letters Patent thereinafter by His said Majesty expressed and declared, giving and granting, and by the said Letters Patent confirming, to the said Chiefs, Warriors, Women and People of the said Six Nations and their heirs the full and entire possession, use, benefit and advantage of the said district or territory of land, to be held and enjoyed by them in the most free and ample manner and according to the several customs and usages by them the said Chiefs, Warriors, Women and People of the said Six Nations, and in and by the said Letters Patent it was provided

and declared to be His said Majesty’s Royal will and pleasure that, for the purpose of assuring the said lands, as aforesaid, to the said Chiefs, Warriors, Women and People of the said Six Nations and their heirs, and of securing to them the free and undisturbed possession and enjoyment of the same, no transfer, alienation, conveyance, sale, gift, exchange, lease, property or possession should at any time be had, made or given of the said district or territory, or any part or parcel thereof, by any of the said Chiefs, Warriors, Women or People of the said Six Nations to any other Nation or body of people, person or persons, whatsoever, other than among themselves, the said Chiefs, Warriors, Women and People of the said Six Nations, but that any such transfer, alienation, conveyance, sale, gift, exchange, lease, or possession should be null and void and of no effect whatever and that no person or persons should possess or occupy the said district or territory, or any part or parcel thereof, by or under pretence of any such alienation, or conveyance, as aforesaid, or by or under any pretence whatever under pain of His said Majesty’s severe displeasure, and that in case any person or persons other than the said Chiefs, Warriors, Women and People of the said Six Nations should, under any pretence of any such Title as aforesaid presume to possess or occupy the said district or territory, or any part or parcel thereof, that it should and might be lawful for His said Majesty, His heirs and successors, at any time, to enter upon the lands so occupied and possessed by any other person or persons other than the said Chiefs, Warriors, Women. and People of the said Six Nations and them the said intruders thereof and therefrom wholly to dispossess and evict, and to resume the same to His said Majesty, His heirs and successors. And further that if at any time the said Chiefs, Warriors, Women and People of the said Six Nations should be inclined to dispose of and surrender their use and interest in the said district or territory the same should be purchased only for His said Majesty, in His name, at some public meeting or assembly of the Chiefs, Warriors and People of the said Six Nations, to be held for that purpose by the Governor, Lieutenant-Governor or person administering the Government in the said then Province of Upper Canada. And whereas, we, the Chiefs, Warriors, Women and People of the said Six Nations now residing on the said district or territory in Council assembled and being so assembled and held by order of His Excellency the Governor General of the Province of Canada, being minded and desirous of surrendering Her Majesty, Her heirs and successors, in order that the same may be sold and disposed and yielding up the parcel or tract of land hereinafter described unto and to the use of of to any person or persons who shall be willing to become the purchaser or purchasers thereof, for the best price, or prices, that can be obtained for the same, and that the money therefrom arising may be held and applied for our use in such and the same manner as other monies belonging to us are now held by Her Majesty, have determined to surrender and release the same to Her Majesty, Her heirs and successors (Her Majesty having been graciously pleased to declare it to be Her royal will and intention to carry these our wishes into effect, in order that Her Majesty may, by the acceptance of this our surrender, be enabled to re-grant the same to the persons hereinafter in that behalf named, to be held by them and their heirs upon the trusts and for the ends, intents and purposes and with, under and subject to the powers, provisoes, conditions, restrictions, limitations and declarations in the Letters Patent hereinafter referred to, to be expressed, declared and contained of, and concerning, the same). Now know Ye that we, the Chiefs, Warriors, Women and People of the said Six Nations, residing on the said district or territory, in Council assembled, as aforesaid, having duly weighed and considered the matters aforesaid and in order to re-invest the Tract or Parcel of land hereinafter described and hereby surrendered, or intended so to be, in Her Majesty, so that Her Majesty, Her heirs and successors may thereby be enabled to re-grant the same in manner hereinafter mentioned, have surrendered and yielded up, remised and released, and by these presents do surrender and yield up, remise and release, unto Her Majesty, Her heirs and successors, all that tract or parcel of land situate, lying and being in the Township of Tyendinaga, in the District of Victoria, and on the south-easterly side of the Salmon River in the Province of Canada, being composed of parts of lots numbers five and six, in the first concession south of the road, in the said township, containing by admeasurement twenty-six acres and three roods of land, be the same more or less, including the several streets laid out, or in tended to be laid out, thereon for the purpose of forming a town plot and which said tract or parcel of land is butted and bounded, or may be otherwise known as follows (that is to say): Commencing in front of the said concession at the south-east angle of the said lot number six; then north sixteen degrees west thirteen chains, more or less, to the land leased by the Mohawk Indians to George Auldjo, Esquire; then southerly seventy-four degrees west twenty chains fifty links, more or less, to the south-easterly side of Salmon River; then south-westerly, following the south-easterly side of the said river down the stream to the allowance for road in front of the said concession ; then north eighty-two degrees thirty minutes east twenty-nine chains seventy-five links, more or less, to the place of beginning. And the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits thereof. And all the  estate, right, title, interest, use, trust, inheritance, property, possession, claim and demand whatsoever of us the said Chiefa, Warriors, Women and People of the said Six Nations of, in, to or out of the said tract or parcel of land hereby surrendered, or intended so to be, with the rights, members and appurtenances thereto belonging or in any wise appertaining. To the end and intent that Her Majesty may, by the acceptance of this our surrender, be enabled to carry into effect Her Gracious will and intention and to re-grant the same parcel or tract of land unto George Vardon, of the City of Montreal, Esquire, Assistant Superintendent General of Indian Affairs, and Thomas G. Anderson, of the City of Toronto, Esquire, and Joseph B. Clench, of the Town of London, in the District of London, Esquire, Visiting Superintendent of Indian Affairs, and their successors in office, as trustees for us the said Chiefs, Warriors, Women and People of the said Six Nations. Upon such trusts and for such ends, intents and purposes, and with, under and subject to such powers, provisoes, conditions, restrictions, reservations and declarations, as by Her Majesty, Her heirs and successors, in and by the Letters Patent granting the same, shall be expressed or declared of and concerning the same tract or parcel of land, or any part or parcel thereof.


As Witness And In Testimony Whereof, we the undersigned Chiefs, Warriors and

People of the Six Nations Indians in Council assembled, for and on behalf of ourselves

and all other the Chiefs, Warriors, Women and People of the said Six Nations Indians,

have, according to the custom of the said Six Nations Indians, set and affixed our

Totems this eleventh day of July, in the year of Our Lord one thousand eight hundred.

and forty-six.


In presence of:

Salter Givins,

                   Missionary.

John Cook,

                   School Master.

John Browne,

                   School Master.


Chiefs:

Brant Brant, [L.S.]

Powles Claus, [L.S.]

Joseph Smart, [L.S.]

Joseph Penn, [L.S.]

John Culbertson, [L.S.]

Thomas Green, [L.S.]

Seth Powles, [L.S.]

Isaac Hill, [L.S.]

Alec. Loft, [L.S.]

Abm. Brant, [L.S.]

Allen Green, [L.S.]

John Brant. [L.S.]


Certified:

T. G. Anderson

                   V.S.I.A.

Jno. Hill

                   Interpreter


Approved,

Cathcart,

By Command,

George Vardon,

                   Asst. Supt.-General


Provincial Registrar’s Office,

Montreal, 21st September, 1846.


I hereby certify that the within deed of surrender hath been this day entered on the records of this office in Lib. “A. Surrenders to the Crown,” Fol. 317.


R. A. Tucker,

                   Registrar.

  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.