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)2X

■:

"■ ^

OS THE DIFFICDLTIEI) knW& BETWSIK THE

SEMINARY OF ST. SUIPICE OF MONTREAL

AND

CERTAIN INDIANS, AT OKA, LAKE OK
TWO MOUIs'TAINS.

A MERE CASE OF BIGHT OF PROPEETY.

"B^ itO MEA^S A RELIGIOUS QUESTION.

3KCOND ^DITION.

MONTREAL

J. A MINER VP: steam PRINTING JOB OFFICE.
•ill & 214, Molre-Damo 8tivpi

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J^1<T

HISTORICAL NOTICE

OH THE DIFFICULTIES ARISEI BETfEEI THE

SEMINARY OF ST. SULPICE OF MONTREAL

AND

CERTAIK INDIANS, AT OKA, LAKE Of
TWO MOUNTAINS.

A MERE CASE OF EIGHT OF PROPERTY.

"BY HO MEAIfS A RELIGIOUS QUESTION."

^ECOND ^DITION.

MONTREAL

LA MINERVE STEAM PRINTING JOB OFFICE,

212 4 214, Notre-Dame Street.
1876

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ON THE

Diflaculties which have recently arisen between the Gen-
tlemen Ecclesiastics of the Seminary
of St. Sulpice of Montreal,

AND

Certain Indians of the Iroquois and Algonquin

Tribes, residing at Oka, Mission of the

lake of Two Mountains.

PRELIMINARY REMARKS.

Before exposing the following facts and documents, it
seems proper to remark, once for all, that it has always been
the rule of conduct of the Seminary of St. Sulpice of Mont-
real, not to defend its acts in the public prints ; and it is
hoped that the public will be just enough to acknowledge
that this rule of conduct has been faithfully observed on
the not unfrequent occasions when attacks that where
unjust and more or lest violent, have been directed against it.

If therefore on this occasion, the Seminary departs from
its ordinary rule, it is to satisfy a general desire manifested
<ind expressed by a large number of respectable citizens,

— 6

both Catholics and Protestants, and because existing cir-
cun^stances appear to demand it.

If the attacks lately directed against the Seminary coulp
injure it alone, its accustomed silence would not be broken ;
but in this instance these attacks are evidently levelled not
only against the Seminary but also against the other religious
Communities, and against Catholics in general.

In proof of this we may state that certain journals of this
city have announced the establishment of a Protestant de-
fensive association ; against whom is it directed ? Against
Catholics ; and this on the occasion of a question which is
purely judicial, the usurpation of a right of property, jud-
ged and condemned by the Superior Court in the month of
October last ; since then every stratagem has been employed
to convert it into a question of religion by surrounding it
vnth mistaken and false assertions.

By these persistent assertions of statements entirely devoid
of truth, certain journals of Montreal have too well succeeded
in existing public feelings and enkindlig religious strife.

It was a painful sight to witness Citizens otherwise res-
pectable, even protectant ministers, give to these errors the
form of resolutions at a public meeting lately held in
Montreal, and then and there founding exciting speeches
on those palpable errors in the view of stirring up the public
"lind against catholics.

However painful the word it must be expressed, had these
persons desired to bring on a religious and civil war, they
could not employ more efficient means to succeed.

In the presence of such facts, the Seminary believed that
the public good and that harmony which, it is so important,
should reign amongst the different religions of this country^
obliged them to break their accustomed silence and give
a faithful recital, and an exact explanation of the occurences
;.;at have taken place at Oka these last years ; occurrences
which certain journals have not ceased to present to the
public in the :ust untruthful and unjust mamner.

This shfrt work establishes in the iirst chapter the incon-
testable rights of the Seminary to the Seigniory of the Lake
of Two Mountains ; rights too little known even in the pre-
sent day, since this ignorance of them has been the occasion
of unfounded and unjust attacks against '.he Semin-nry.

The 2d chapter treats of the fulfilment of the obligations
of the Seminary towards the Indians.

The ord exposes the conduct of the Indians towards the
Seminary. .^. ;.,.„•- '.?.=-'"■.# ^i»t -«<

The 4th and last contains an exact statement of the last
suit relative to the methodist chapel at Oka, the judgment
rendered in that case, and its execution by judicial authority.
It is followed by a Conclusion.

The Seminary has but one object in view, to satisfy all
just and impartial minds by a recital of the facts in their
simple truth.

CHAPTER I. V 5 : i

THK hIGHTS OF THE SEMINARY.

TITLES.

At Quebec the 17 October 1717 at the request of the said
Gentlemen, shewing, that it would be to the advantage of
the Mission of Indians at the *' Sault au R6collet " in the
Island of Montreal under their charge, that they should be
immediately removed above the Island on the lan''~ to the
North West side of the Lake of Two Mountains, Pi 'Hip de
Rigaud marquis of Vaudreuil, Commander of the Military
Order of St. Louis, Governor and Lieutenant-General for the
King for New France, and Michel B^gon, Knight, Sei-
gneur of Picardi, Murbelin and other places, Councillor of
the King, in his Councils, and in the Parliament of Met/,
Intendant of Justice- Police and Finance in New-France, in
virtue of the powers to them conjointly given by His Ma-
jesty, gave and conceded to the said Gentlemen the Eccle-
siastics of the Seminary of St. Sulpice, established at

— -8 —

i! !

i!:

Montreal, a land of three leagues and a half in frq§t to com-
mence at tho rivulet which falls in the Great Bay of tho
Lake of Two Mountains in assending the said Lake of Two
Mountains and the St. Lawrence (Now the Ottawal by three
leagL'es in depth ; co be enjoyed in perpetuity hj the said Gen-
tlemen Ecclesiastics their Successors and assigns, even should
the said Mission be taken away, in full property, under the
title of Fief and Seigniory^ with the right of High and Low
Justice, with the right of Hunting and Fishing as well with-
in lh(> limits as in front of the said Mission on the said
Lake and River, on condition that they will at their own
cost, make all necessary outlay for the removal of the said
Mission, and construct or build at their own cost a Church
and Fort of stone for the security of the Lidlans, according
to Plans, the said Buildings to be finished in the space
of two years, and on the obligation of Fealty and Homoge,
Ox residing or causing lo reside (tenir feu et lieu) on tlie said
concession, to preserve the oak timber lit for the construc-
tion of^ vessels which may be found on the land which the
said Gentlemen reserve for building their principal manor,
that they also reserve the oaks o»i those particular conces-
sions partly under cultivation, made or to be made to their
tenants, and to give notice to the King or Governor and
Intendant of all mines or minerals if any are found
throughout the extent of the said Fief and Seigniory — also
to leave all necessary road and passages, to concede the said
Farms in fee simple under the title of ceiH of twenty sols and
one capon lor each arpont of land in front by fortj arpents
in depth and of six " deniers " of cens, they being obliged lo
fake possession or coiifirmatiou of the said cencession within
ono year of the day of such concession — under pain of
nullity.

Ta conformity to the desire expressed in the said conces-
sion, it was approved by His Majesty Louis, King of France
on the 27 April 1718 in its whole tenor in Virtue of his
'• Brevet " Royal Ovdcr^ signed with his signature the said
day 27 April 1718, save that a delay of seven years was

— 9 —

granted to the said Gentlemen for the construction of the
said Church and Fort in Sione, instead of two years men-
tioned in the original deed of concession.

His Majesty by the said Order " Brevet " permitted
moreover to the said Gentlemen Goncesstonners to sell or
give at a higher rate the lands that would have at least one
quarter cleared, and ordered, that the said " Frevct " be
Enregistered at the Superior Council at Quebec for all refer-
ence that might be needed. H' !«j;i;

The '2 October 1710 this '' Brevet " of concession ac^
cording to Jiis Majesty's order was enregistered at the office
of the Superior Council at Quebec.

It was again enregistered at ihe Registry OfRce of the
, Provincial French Rogislrv the 14 June 1765, after the
Get^sion of New France to England, and it ha,! been before
enregistered at the Office of Fealty and Homage.

The '26 September 1733 on the demand of Sieur Nor-
mand. Priest, Superior of the Seminary of St. Sulpice
establish(>d in the City of Montreal, Charles Marquis do
Beauharnois, Knight of the Military Order of St. Louis,
Governor and Lieutenant General for t^^e King in New-
France, and Gilles Hocq..art, Knight, Councillor '^f the King,
in this Council, Intondant of Justice, Police and Finance of
the sama Country, in virtue of the joint powers to them
given by His M.ijesty, gave, granted and conceded to the
said Gentlemen Ecclesiastics of the Seminary of St. Sulpi-
ce, the extent of land, not llien conceded, comprised bet-
ween the lines of the Segniory belonging to the representa-
tives of tiie late Sieurs de Limgloiserie and Petit, and that of
the Seigniory of the Lake of Two Mountains belonging to
the said Seminary, by the front of about Two Leagues on
the Lake of Two Mountains, the said land abutting on an
angle formed by the two lines above mentioned, of which
Mie " Bombs de Vent " were then regulated, with the Hands
and Ilets not conceeded and sand Bars adjacent, to the
said extent of Lands, to be enjoyed by the said Gentlemen

— 10 —

i ■ ■ ■'

Ecclesiastics of the Seminary of St. Sulpice their Successors
and assigns for ever^ under the title of Fief and Seigniory
and other privileges, on condition of paying Fealty ctnd
Homage, at the Castle of St. Louis at Quebec, of which they
are depending, with the usual rights and claims, occording
to the Custom of Paris, also at the ordinary charges and
obligations of concessions, being obliged to take confirmation
of the same within the year.

The first March 1735, His Majesty Louis, King of France,
having taken cognizance of the said concession of the 26
September 1733, and having taken cognizance also of the
Brevet of tha 27 April 1718 by which he had conceded to the
same Seminary the said Seigniory called the Lake of Two
Mountains, and wishing to favour the said Gentlemen Eccle-
siastics of St. Sulpice, He by his « Brevet Royal, » signed
with his hand, ratified and confirmed the said concession,
wishing that the said Ecclesiastics, their successors and
assigns should enjoy it in perpetuity, under the title of Fief
and Seigniory, under the charge of paying Fealty and Ho-
mage to His Majesty the King, without however being obli-
ged to pay to His Majesty nor to his successors, any right
of indemnity nor other fines, for any cause whatever, no
more than for the lands to them conceded on the Lake of
Two Mountains, by the Breve*, of the 27 April 1718, (nor to
give by or on account of said concession « Man living or dy-
ing, » (( Homme vivant ou mourant ; » if they be charged there-
with they are hereby discharged from such).

And whereas the said Gent:emen the Ecclesiastics of St.
Sulpice have represented to Him that the transfer of the Mis-
sion of *{\Q Indians from the Island of Montreal to the Lake
of Two Mounldns, the stone Church, the Presbytery and a
Fort of wood which they had built, had caused them a large
expenditure over ihe value of the lands (;onceded to them by
the preseut Brevet and by the one of 1718, His Majesty has
discharged the said Gentlemen Ecclesiastics of St. Sulpice
from making the said stone Fort and from all other works
except those already made on the lands of the said conces-

sioii of 1718, to which he wag pleased to add three leagues
in extent on the depth, of which ha likewise made gift and
concession to the said Gentlemen Ecclesiastics, who were to
possess them in full ownership and Seignioty as well as the
old land of the said first concession, which by this means
will be six leagues in depth, these said concessions being
rectncled and subjected to the conditions herein above, un-
der pretext that they were not stipulated in the concession
of 1733, nor in the Brevet of 27 April 1717.

The 12 October 1735 this last Brevet of concession, by the
order of His Majesty, was registered in the Registry of the
Superior Council of New France, to be executed according
to its form and lenor.

The 11 January 1765 it was presented and received at the
office of the Registries at Quebec, and enregistered in the
French register in the said office the 14 June of the same
year 1765, and this after the cession of Canada to England,
having been first registered in the Register of Fealty and
Homage.

In virtue of the concessions aforesaid and the different
" Brevets " Royal above mentioned, the Gentlemen the Eccle-
siastics of the Seminary of St. Sulpice of Montreal took pos-
session of the said Fiefs and Seigniory and have ever since
possessed and now possess them as I'roprietors.

They therefore possess as such Animo Domini the land con-
ceded to them in the first place, since one hundred and fifty
eight years, and that conceded in the second place nearly
one hundred and forty two years.

The said Gentlemen Concessionaires have conformed them
selves in all respects to the charges and conditions imposed
on them by the said concessions.

In the delay granted, they efl'ected the removal of ihe Mis
sion of the Indians from the island of Montreal to the Lake
of Two Mountains and constructed in the last mentioned
place the stone church and other works exacted of them in
the said Royal Brevets.

-;.^:;

— 12 —

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The said Genllemen Ecclesiastics have thus possessed
the said Fiefs and Seigniory as 'ieignevrs and Proprietors of
the same as well under the Dominion of France as under
the English Rule.

Even by an ordinance of the Special Council of the
herotofore Province of Lower Canada passed in the third
year of the Reign of Her Majesty Queen Victoria, chap. 30,
^1841 ) and intituled " Ordinance to incorporate llie Ecclesias-
tics of Ihe Seminary of St. Suljiice of Montreal^ to confirm their
title to the Fief and Seigniory of the Lake of Two Monn tains
and to the Fief and Seigniory of St. Sulpice in this Province,
to effect the gradual extinction of the Seigniorial rights and
dues, and for other purposes, " the Gentlemen of the Semi-
nary were duly incorporated under the name of the Eccle-
siastics of the Seminary of St. Sulpice of Montreal " and
their rights and titles to the said Seigniory of the Lake of
Two Mountains, and to all and every the Domaines, Lands,
Reserves, Buildings, Messuages, Tenements and Heredita-
ments situated within the said Seigniory,'were confirmed and
declared good, valid and efiectual in Law, as fully and am-
ply, in the same manner and to the same extent as the Ec-
clesiastics of the Seminary of St. Sulpice of the Faubourg St.
Germain in Paris or of the Seminary of St. Sulpice of Mont-
real, conformably to the constitution, before the eighteenth
day of September 1759, or of the two Seminaries, or of each
one of them, could or might do or had the right to' do, or
could or might enjoy, do and dispose of the said rights and
titles, or of any part of them beforC/the said last mentioned
epoch.

■ By the said ordinance it was further ordained that the
Community of the Ecclesiastics of ihe Seminary of St. Sul-
pice'of Montreal and their Successors should be invested
with the said Seigniory of the Lake of Two Mountains, of
all and each the Domaines, Farms, Buildings, Messuages, Te-
nements and Hereditaments whatsoever, to, by them the
said Genllemen Ecclesiastics of the Seminary of St. Sulpice
of Montreal and their Successors and assigns, have and

— 13 —

to hold, possess, to do and enjoy the same as the true and le-
gal proprietors and possessors of the same and of all and every
portion thereof for the sole use and advantage of the said
Ecclesiastics of ihe said Seminary and of their Successors, in
perpetuity, under the terms, clauses and conditions expressed
in the present ordinance, that is to say, amongst other
things, the Mission of the Lake of Two Mountains for the
Moral and Religious instruction of the Algonquins and Iro-
quois Indians.

In virtue of 41 Chap, of the consolidated statutes of
Lower Canada, Intituled, " Act concerning the abolition
of the Seigniorial Tenure and the feodal rights and dues,"
section C6, the said Seigniory of the Lake of Two Mountaii!s
fell under the disposition of the said Act under certain modi-
fications.

Nevertheless it is enacted by section 71, that the lands not
conceeded in the said Seigniory should be the absolute
property of the said Seminary in free and common Soccige,
and that they could sell any of these lands or any other im-
moveable to them belonging, and dispose of them either for
money or for " rentes foncieres rachetables," the ])roduct3
of such sale to be placed or invested according to law.

Such are the titles of the Gentlemen of the Seminary of Si.
Sulpiceof Monlral to the property of the Fief and Seigniory of
the Lake of Two Mountains, perfect and incontestable titles,
established, recognised, confirmed and ratified by tlie Domi-
nion of France a-.id England, and by the Legislature of this
Country, under the sole condition that the Seminary should
provide for the religious and moral Instruction of the In-
dians, Algonquins and Iroquois, of the Lake of Two Moun-
tains ; of the validity of these' titles there can be no doubt,
and since the Act 1859, the Gentlemen of the Seminary ha.e
ihe absolute properly in free and common soccage of all the un-
conceded lands m the said Sesigniory.

■S'

— 14 —
CHAPTER II.

The fulfillment of the OBLiGiiTioirs by the Gentlemen

OF the Seminary.

Now let us see if the Gentlemen have fulfilled as well to-
wards the Government of France as towards the English
Government, the obligations imposed on them as well by the
original concessions and Royal " Brevets " as by the Ordi-
nances and Statutes confirming the said concessions.

Did they transfer the Indian Mission from the Island of
Montreal to the North West side of the Lake of Two Moun-
tains ? — Yes.

Did they provide for the Moral and Religious instruction
of the Indians ? — Yes.

Did they Build a Church for their religions training, ? —

Yes.

Did they maintain places of education namely : convents,
school houses, etc., for their moral instruction? — Yes.

Did they provide the establishment of the said mission ?
—Yes.

As far back as the year 1717, at a heavy cost, they remov-
ed from the Island of Montreal to the Lake of Two Mountains,
the Iroquois and Algonquins then settled at Sault au R6co'-
let. They grouped them around their Church, having built
for them residences, on land which they permitted them to
occupy with their families and their descendants of Indian
extraction, according to their good pleasure.

In view to their instruction, to accustom them to labor,
and in order to secure for them the benefits of agriculture,
the Gentlemen permitted each head of a family of these tri-
bes, to occupy and cultivate a field containing a certain num-
ber of arpents of land. Nevertheless these permissions to oc-
cupy and cultivate the lots of ground conceded, were given
only on the condition that they themselves and their Indian
descendants should enjoy them, and not transfer them to any

— "15 — ,

while man ; the whole for the length of time which the good
pleasure of the Seminary will allow.

These permits of occupation, the originals of which are
deposited in the archives of the Mission, read as follows :

I the undersigned Nicolas Dufresne, Priest and Director
of the Mission of the Lake of Two Mountains therein residing,
and duly authorized to this effect by Messire QuiMier, Priest
and Superior of the Gentlemen, the Ecclesiastics of the Se-
miuary of Montreal, acting, for and in the name of the said
Gentlemen Ecclesiastics of the said Seminary of Montreal
proprietors of the Seigniory of the Lake of Two Mountains,
in virtue of the Power given me by the said Gentlemen Ec-
clesiastics, have permitted Jean-Baptiste Anenharison, Iro-
quois, residing in the said mission, to enjoy himself and his
family, a lot of Land situated in the said Misison near the
village thereof, containing about two arpents in depth by
about six arpents in breadth, from this date, during the good
pleasure of the Seminary, during which time, he, the said
taker will use the said land as a good husbandman, will
cultivate the same at proper times and seasons, and reap the
fruits thereof for his proper use and advantages, according
to the custom and usages of the other Indians of the said
Mission, without deterioration under any pretext whats^ver.

That he cannot sub-let nor transfer the present holding to
any other person or perfons whatsoever, nor under any
pretence whatsoever without the express permission of the
Director of the said Mission.

That he the said taker cannot build or erect, or cause to be
erected ou the said land any dwelling house or other Build-
ing whatever during the term of these presents without the
consent of the said Director, and in case he should do so
with such permission, at the expiration of these presents the
whole will belong in full property to the said Gentlemen
Ecclesiastics, and without reimbursement to the hn'der of
any sum of money, and without his being able to exact any
remuneration, under pain, &c.

■•.■•-■ — lO-

This present permission is given by me the undersigned,
I*riest, (in my said capacity) on the conditions above expres-
sed, without which I would never have granted these pre-
sents.

The said land being bounded to the North by the moun-
tain ; to the Soutb by the first Farm, to the West by the land
granted to Akanray and to the East by a Cart Road.

The said Jean-Baptiste Anenharison here present after ha-
ving taken communicalioa of all the foregoing expressed
conditions, by the reading made to him in pvesence of
Hyacinthe Cherrier and Bazile Gharlebois undersigned,
witnesses duly called, declared he well understood and com-
prehended the whole, and volnnlarily agreed and obliged
himself to well and truly fulfil the whole and each of the
conditions above expressed, under pain of nullity of these
presents, lor any contravention by him of any of the condi-
tions above written, for thus, etc.

Thus exe. uted at the village of the Mission, in the Semi-
nary's House the 9 June 1836, in presence of the said witnes-
ses, who have signed with us Priest.

(here follow the signatures)

Knowing beforehand the disposition of the Indians to the
use of Strong Liquors, their indifference to secure for them-
selves a permanent establishment, their roving character,
their inexperience in the ordinary affairs of every day life,
their prodigality following their excesses, and the avidity of
speculators to profit by their artlessness and drunkenness,
the Gentlemen of the Seminary, in giving them these p3r-
mits of occupation, exercised all prudence possible, giving
them only a precarious tille^ and reserving to themselves the
right of property, as the above cited deed fully expresses it.
If it had been otherwise, speculation would have long since
made inroads, all these lands would have long since passed
into the hands of the whites, and the mission would have
been destroyed.

-^17-

Tt is well known by every body that since the removal of
the mission to the Lake of Two Mountains, each head of a
family of these tribes of Indians has had :

lo. The enjoyment of a field of an extent sufficient for all
his wants ;

2clly. The Permission to take in the Domaine of the Sei-
gniory all the wood necessary for Building and heating
purposes ;

3dly. The permission to graze their cattlt on z >,rge extent
of lands, called " The common " ;

4thly, The use of a Church under the chargtj of zealous
missionnaries, in order that they might there perform their
religious duties.

5thly A school for the boys, p -isently under the direction
of the Christian Brothers.

6thly A Convent for the girls, under the direction of the
Sisters of the Congregation, and all this, free of any charge.

It is necessary to call to mind that for years past, for the
purpose of accustoming the Indians to work, the Seminary
gave them certain work which would turn to their advantage
and profit, and for which they were amply paid.

What more could they ask ?

If such advantages had been given to persons caring for
agriculture, all these fields now occupied by the Indians in-
stead of being over grown with bad weeds, without ditches,
fences and uncultivated, would have (as the soil is of a su-
perior quality) an aspect of fruitfulness and wealth.

CHAPTER III.

THE CONDUCT OF THE INDIANS TOWARDS THE SEMINARY.

The Indians dislike agriculture, they love hunting ; so lon»
as hunting was profitable they lived content. But game
having failed, they were obliged to turn their attention to the
cultivation of the soil to procure their subsistance. But the
Indians do not like nor will they ever like thig kind of work

2 '

i n

'•II

■■1

i :i|.

I I'' '1I'

mv'

they like racing, open fields, and above all an easy going
t'xistance, " far-niente." It was then they commenced to reflect
oil the means to be taken to live without work. " The
Seigniory of the Two-Mountains is our property said they. "
Some men of inflkience and hostile to the Seminary, taking
advantage of the simple mind of the Indians made them be-
lieve that if they changed their religion, the Government
would let them have the Seigniory. Yielding to these intri.
guant councils, a large number of these Indians, three chiefs at
their head, apostasized, proclaimed their title to the properly
of the Seigniory and set themselves up us the masters of the
property of the gentlemen of the Seminary.

In and since the year one thousand eight hundred and
sixty nine they threatened these gentlemen, they came to the
principal house of the mission and then and there notified the
gentlemen to leave the house and never return, and that if
they refused to do them justice they would take the means of
getting rid of these pretended Priests and successors of St.
Peter, that they could no longer tolerate their conduct, (see
the letter of three of the chiefs addressed to His Excellency
*he Governor General dated 26 February 1869.) From threats
they proceeded to acts of violence, they commenced to commit
the depredations and encroachments from which have arisen
all the proceedings for the past six years. Putting aside all
notions of deference, without asking leave, they proceeded
to cut the L.iest trees of the forest and made a trade of it,
they took no heed to the reiterated prohibitions of the gentle-
men and their servants, they replied by saying : — We are the
masters. — They even enlarged their fields by trespassing on
those of the gentlemen, they made new fences to enclose the
encroached lands, their answer was : — It is our land ; they
destroyed the wood, burned the fences belonging to the gen-
tlemen and their tenants and the answer was always the
same : it is our property ; they entered even the yard of the
seminary, and there with arms in their hands, took posses-
sion of the wood which v/as there, and said : it is our property :
always taking the law into their own hands without recours
to the Courts of Justice.

Although again and again condemned by the magistrates
for liies3 brfMchesoJ" the Peace, in-spite of the judicious Coun-
cils given them by His Honour Judg«> Johnson to have re-
course to the Courts if they had rights to vindicate, in-spite
of several judgements of the Superior Court condemning
these encroachments, indifferent to these judgements and
deaf to idvice coming from so enlightened a source, thev
not only continued these acts of violence and trespasses but
even assaulted the officers of the Law, and assailed even the
surveyor appointed by the Court to establish their boundaries,
they went as far as to fabricate the blackest calumnies in ac-
cusing the Priest in charge of the mission of a brutal assault
upon an Indian woman, an accusation declared by six justi-
ces of the Peace, of whom two were prot»>stants, to be \»ithout
foundation. ' . . ;

CHAPTER IV. ' '

THE AFFAIR OF THE CHAPEL.

The public expects and we will ask it to listen to a clear
and truthful exposure and statement of the facts relating to
the construction as well as to the demolition of this edifice,
because fanaticism has been much mixed up with the difficul-
ties which arose in this respect between the Seminary and
the Indians, in order lo have it said that these gentlemen
were persecutors, and the Indians poor miserable persecuted,
entirely at the mercy of their tyrants. The methodist
journals have made it a religious question, they have en-
deavoured to change the subject, by leaving aside the legal
consideration in order lo have the satisfaction of making an
accusation as false as it was gratuitous against the Seminary.
They tried to forget that in attacking the Seminary they
were attacking at the same time the judicial authority ; for
we must not loose sight of the fact that the Seminary was put
in possession of the land on which was erected the chapel, by
virtue of a judgement rendered by the Superior Court of Lo-
wer Canada.

Here no follow the exact facts :

• ■ ' — ^U —

These gciUlemeii as well in virtue of the concessions, as of
the onlinanceof 1841 and naiMciilarlv the* Provincial Statute
of 18.*)9, were and are still proprietors of a certain portion of
laud not conceeded, situated at OKa. This land had never
been leased, nor never was under any permit of occupation,
it had never been enclosed, nor cultivated, it therefore was
and is still part and portion of the Doinaine of which the
gentlemen are recognized as the incontestable proprietors.
The three Iroquois Chiefs as trustees of a certain Weslyan
Methodist Congregation, got an old Indian woman (who had
no right whatever) to consent to a Notarial sale of this laud,
took possession, and commenced to build the chapel in ques-
tion.

They therefore undertook to build this ch\ipel on the Se-
miuary properly, not only without leave but in defiance of
their protestations and warnings. It was on the part of the
Indians an act of usurpr.tion of the most aggravated kind.
The Seminary was consequently obliged either to resist, or to
abandon its rights as proprietor. If a Catholic church had been
built under the same circumstances and with the same con-
tempt of the Seminary's rights, without doubt the Seminary
would have in tlie same way applied to the Courts to obtain its
demolition. Brf it well understood that by the destruction
of this methodist chapel the Seminary never had the inten-
tion, as certain news p ipers have reported, to attack the re-
ligious liberty of the Indians in forbidding them to procure
a place wherein to exercise their religious duties according
■ their mode of worship, on the contrary the Indians are at
uU liberty to use any land for that purpose of which they
nave u legal possession, if they think fit to do so; the Semi
nary have only asked that they should respect the Law, and
the sacred rights of ownership.

As soon as the encroachment was committed under the
direction of the three chiefs of the Iroquois tribe, they were
served with a protest by the Seminary's Notary. As they
took no notice of this protest, the Seminary secured the ser-
vices of Mr. Prevost, advocate, and instituted immediately

!i ''■!

— 0! _

an action, in ivvoiidicalioii, a<,'ainst tlio.-.e fhrne rliiofs '.i
Ihinr pi.Tsonal nanif ; lli(> lalter aiipeaivtl tliroiijjh Mr. Mi^-
Laron, advocate, and conlinned their work withonl any
regard to this IVtetory action. The delays to plead having
expired, their advo''ate was asked to (He his pleas which he
omitted doing and ho was lorclosod, and the case inscribed
"Ex parte" for onquete and hearing; the very day of the
enqnetc their advocate, Mr. McLaren, appeared in Court, and
with the consent of Mr. Provost Iho dofanlt w.ts removed
and ho was pormitteO to plead, and the inscription was rnled
out. ,

Having at last filed his pleas, amongst other defences he
pleaded that tlie Defendants had not taken possession of the
land in their own names, hnt as trustees of a certain reli-
gions congregation called Wesloyan Methodists, had acquired
this land from an Indian woman, before the action, by a
notarial deed, and produced the d^-ed itself on making his
defence sh wing who were the real holders by virtue of the
said authentic deed. The gentlemen were therefore obligjjd
to discontinue their action, to piy the costs, and to i.too
another action against those who, according to thisauihentic
deed, pretended to be the proprietors of the land in question.

The new action was thereupon served the 29 Mni 1875, re-
turnable the 21 June, Mr. bIcLaren sent in his appearance,
saying he would file his defence in this canse the II July,
which day he was to be at St. Scholastiiiue for the contesta-
tion of the Argentouil Election ; !ie actually did come that
day to St. Sciuilastiiiue. F-Jeing informed that his costs in the
first action were deposited in the hands of the Prothonnlary,
he was asked for his defence on the new case. He replied
that he would produce the same before ho left for town, but
he did nothing. About the middle of August Mr. Mathieu
one of the advocates of the Plaintiffs wrote him, informing
him that his defence was expected shortly, as 'die Plainlitls
intended terminating this canse. This letter remained un-
answered. The lirst September (I875t (these facts are shown
on the face of the record), a demand to plead was signiUed

?^\v

to Mr. McLaren in Court, as lie had not elecled domicile, the
Prothoiiotary Br 'helot sent him a copy immediately, as ap-
pears by Mr. Beri.ielot's certilicate annexed hereafter.
^ According to the Code of procednre Mr. McLaren was held
to plead within the three judicial days after the signification
and notice, and in consequence the 5th September the Plain-
tiffs had a right to foreclose and lo inscribe their case '■'■Ex
parte''; nothing was done however, and about the middle
of Sop'ember Mr. Muthieu wrote again to Mr. McLaren ask-
ing him for his pleas and informing him specially that in
default of his so doing within a reasonable delay he would
proceed Ex parte. This letter as the proceeding one received
no answer.

Finally the G October last, the delay for the PlainlifTs being
about expiring it was necessary to go on wilh the case, if they
desired to proceed during that term. A certificate of fore-
closure to plead in this action was tb jrefore obtained,
and the same day a copy of the inscription for proof was
sigfified to Mr. McLaren foi the 13 October. Tl 's copy we
also forwarded to Mr. McLaren by the Prothonoiary as the
latter declares in the same certificate. In spite of these ver
bal and written demands Mr. McLaren never fyled any pleas
and even neglected to appear at Court the 13 October,
notwithstanding the inscription fyled on the record, and of
which he must have had a perfect knowledge from the
letters of Mr. Mathieu and the Prothonotary, and from
copies of the inscription, as appeai:s by the said certificate.

In view of these facts, were the PlamtiUs not justified in
proceeding with their case on the 13 October last? Is it not
strange that Mr. McLaren now says that ne loas taken by sur-
prise ty the advocates of the Seminary ? Witho it compro-
mising his clients interests, it was imoossible for the advo-
cate of the Seminary to act with more liberality towards his
confrere.

The 13 October the PlairlifTs proceeded with their enquele
and after due deliberation, the Court declared by its judge-
ment the gentlemen of the Seminary proprietors of the land

«)•»

in questioii, and condemned the Defendants to deliver up and
give back possession to the said Plaintiffs. Copy of this jndg-
ment was signified, and on the D-ifendants refusal to give up
the property, a writ of possession was put in the hands of the
Sheriff who, to fulfil the conditions of the Law and the judg-
ment of the Court, put the Plaintiffs in possession of the
land revendicated.

The Defendants not having pleaded any possession in good
faith, nor claiming indemnity for improvement, the Plain-
tifTs were put in possession of the land, as it then was; and
as proprietors they had th'^ right to use it as they saw fit, and
no one can blame them for having asked the removal of the
said buildings, the Defendants even less than any others^ as
they have persisted in building theli* chapel, which, when
the first case was instituted, they were then only beginning.

Such are the facts as they occured.

As to the particular fact of the demolition of this chapel,
which was of little value, it was the Sheriff j.nd not the Semi-
nary who demolished it. He the Sheriff caused it to be done
in execution of the judgment, and bj men who came with
him or were there chosen by him. ,

On the arrival of the Sheriff, the keys of the chapel were
handed over to him by one of the chiefs of the ijiethodist
Indians, and he the Sheriff notified him at the same time that
the Indians might remove the benches and furniture which
were inside, and even the windows of the chapel, which
things were therefore put aside with care and left for the
future disposition of the methodist Indians.

As to the other materials of the Chapel they were by order
of the Sheriff removed to the Seminary wood yard, and a few
days after were given to the Indians by the priest in charge
of t'-e Mission, who caused Lhem to be carted at his own cost
on to the property of the protestant school house, although Jie
was in nowise obliged thereto, as by the judgment these
materials belonged to the Seminary.

Three hours time were s ifFicient for the demolition of the

— 24 —

chapel, it was done between two and five o'clock in the
afternoon, without any noisy demonstration ant* quietly.

And none of the Gentlemen of the Semir.ctry were present
or took any part therein.

Thi$ishow the demolition took place, and far therefore it is
from having been done under the view and in the presence
of one of the Gentlemen of the Seminary, and with menaces
and insults to th« Indians, as it has been so much said and
repeated.

-:o:

vini

CONCLUSION.

THE RESULT OF ALL THE ABOVE IS :

1st. That the Gentlemen of the Seminary are the only
true proprietors, in virtue of incontestable and iudef<\nsible ,
titles, of the Seigniory, Fief and Domain of the Lake cu l\vo-
Mountains.

2nd. That the Indians never owned an inch of ground as
proprietors but only under a very precarious title, as they
never enjoyed any land they occupied for any longer time
than the pleasure of the Gentlemen, as appear in the several
deeds granted to the Indians, as mentioned and stated in the
above recited deed ; what then becoPiCs of the famous pres-
cription invoked by the Indians and their friends?

3rd. That since the removal of the mission of the Sault-
aux-RecoUets to the Lake of Two Mountains, the Gentlemen
have provided not only for the moral and religious wants of
the Indians, nut even gratuitously permitted them as abo'/e
mentioned to occnpy and cnltivate fields, extensive enough
to provide for the vvants of themselves and their families.

4th. That they always gave them leave to take the neces-
sary wood for building and heating pnrposes in such places
as were pointed out to them.

5tli. That the Indians with their indolent characters would
not avail themselves of the means offered them to earn an
honorable livelihood.

Gth. That giving ear to intermedlers and following their
perfidious councils they apostasized with the ridiculous view
of possessing themselves of the seigniory of the Lake of Twmd
Mountains, and to ol»tain authority from the government for
the expulsion of the Gentlemen ; nevertheless since their
apostasy the Gentlemen h.ive not deprived them of any of

Ij I :^!,

f
"i

«k-'M' . . . ■> ^ t,» "s

:-.^ — 26 — '■■.■

their privileges, on the contrary, they have treated them as
Catholics and have continued to give them work as heretofore

7th. That far from having recourse to law and the tribu-
nals of justice to gain their pretended rights the Indians render-
ed themselves guilty of acts against the law and of successive
encroachments which have repeatedly occurred since about
six years. . , . ^ .. , , , ,, , :,.,,,,,.,...,

8th. That to ensure for themselves the support and sympa-
thy of a religious authority hostile to the Seminary, they con-
structed against its wishes protestations and law suits, on the
land belonging to the Seminary, a methodist chapel.

9th. That the Gentlemen of the Seminary to justify their
rights have always had recourse to the Courts of justice, not
with a view of exercising a religious persecution, although
they have been so accused through certain public journals,
but with the sole object of saving their just rights of property
and to put an end to the depredations and eticroachments of
the Indians. - ^.

10th. That if when the last petetory action concerning the
land on which they built the chapel, the Defendants did not
fyle their pleas, tne cause is owing to the neglect of their
attorney and not from a lack of liberality on the part of
Messrs. Prevost and Mathieu, the advocates of the Seminary,
who on that occasion fulfilled towards their confrere all the
obligations and courtesies observed in their profession.

11 th. That the Gentlemen of the Seminary having been by
judgment of a competent Court declared proprietors of the
land which the Indians had unjustly taken, and having been
put in possession of this land by the proper authority in virtue
of the writ of possession also mentioned in said certificate,
they had the right of enjoying the land at pleasure and to
demolish the buildMigs constructed thereon.

12th. That the Defendants not having shown or made good
any right before the Court or even a defense to the petetory
action, Iiave no claim to set up either for ameliorations or
indemnities

— 27 —

No one will admit such a ridiculous prelension tiiat
the ohligations of these Genllemento provide ior the Moral
and religious instruclion of the Indians, brings with it,
that of providing for their temporal wants, that of procuring
for them every thing they might require, and to keep them
in Iheir idleness. It is also ridiculous to pretend in the
face of the titles above mentioned that the indians have the
right to devastate their forests, to take possession of the seign-
iorial domain, and to exercise the right of ownership on any
part of the Seigniory without taking into consideration the
right of property of the Gentlemen of the Seminary; what
would have been the use of their deeds of concession, made
' to them by the king of France, giving them the absolute
ownership of the property with all the rights and privileges
attached to such concessions, if the Indians had such rights
of ownership as above spoken of?

Now, in the face of these facts, can any just and impartial
man make of this Oka dilTiculty a question of religion ? It is
impossible. The whole case stands thus : — on the one side a
series of lawless acts of defiance, encroachment and usurpa-
tion ; on the other mere self defense conducted with forbear-
ance and moderation through the legal tribunals of the country

Which side merits the approval of justice and religion ?

No privilege has been withdrawn from, no kindnjss has
been refused to any Indian on account of his change of reli-
gion ; Where then is the persecution so loudly complained of ?

In what have the rights of humanity been violated ?

Let not the golden rule of our common Christianity, " do as
you would be done by," be broken in open da^, and by the
teachers of religion ! ! ;

The zealous and perhaps benevolent advocates of the Indians
are respectfully invited to make the case of the Seminary
their own :

Let a catholic priest seize upon a lot of their ground, and
there build a church for his followers, without even asking
leave, and with the avowed object of creating a right of
ownership ! what would these benevolent advocates of the
Indians say ? What would they do ?

<}%:

l';!iii

— 28 —

This was the exact position of the Seminary in relation to
the methodisl chapel of Oka.

The con(;luding request of the Seminary, respectfully pre-
sented to the well meaning advocates of the Indians, is, to
pause a little, lest, by proceeding further, they should, though
unwittingly he-assailing the very basis of all regularly orga-
nized human society, and of natural justice, — the rights of
property.

Montreal, 14th January 1876.

J. LAGAN, Priest S. S.,

Director of the Mission of Oka

W. PREVOST,

Advocate of the Seminary,

W
{

Niiii't

CERTIFICATE OF THE PROTHONOTARY HEREIN ABOVE REFERRED TO.

D^^^To^7™^o";.. } '^ the superior court.
No. 374. •

The Gentlemen the Ecclesiastics of the Seminary of
St. Sulpice of Montreal,

Plainti/f's,

Louis Kanonsakenhiato & al.,

Defendants.

J, Jules R. Bortheiot, Prothonotary of the Superior Gourt
for the District of Terrebonne, residing at St. Scholasti<i"e,
certify and affirm.

That it appears in the records of this case thr.t the present
action was taken out the 2-2nd may last (1875) that it was
signified to the Defendants the 29lh of the same month, and
that it was returned into Gourt the 21st June also last pa.«t.

That on the 22nd of the same month, the Defendants
appeared by their Gouncil Mr. McLaren.

— 29 —

That on the 1st September last (1875) a demand to plead
was signified to Mr. McLaren, advocate of the Defendants at
the Prothonatory's Office of this Court ; that on the sixth Oc-
tober last, a certificate of foreclosure was granted, and that
the same day an inscription for proof and final audition to
to the merits " Exparte " was produced, and that a copy of the
said inscription was also signified to Mr. McLaren, advocate of
the defense.

That on the 13lh October last, the Plaintiffs comformably to
the inscription by them produced the 6th October proceeded
to proof in the said cause and that on the I5lh October last,
Judgment was rendered. That i appears also on record that
a copy of the said judgment ^vas well and duly signified to
each of the Defendants, and that the writ or order of possession
issued in this cause was so issued long after the expi-
ration of the delay given in the said judgment. I affirm
and certify also that according to my invariable custom, I
sent without delay to Mr. McLaren a copy of the demand
for pleadings to him signified the first September last past
and the notice of inscription for proof and adjudication, signi-
fied and produced the sixth October also last past. Dated
at St, Scholastique, this 27th December 1875.

(Signed,

JULES R. BERTHELOT,

P. C. S.

■:o: