«J ~ - - -_— on me ~~ e ; a a - ia ™ —_—, aS 3 he cs “ ; ¢ - . - 1 > ~~, 7 “6 - . a x “i \ L . =) is $ eee ks PO A iyi jOAS J r oC. . ol? by 4 . ¥ d a. ; ot ’ Ms ¥ rig TEC Ne aye aes baiee wey) t MIT op 43: Wiieglé« p Shaws AT IF Phe - - Widtas etd £4. re tl. 4 — a ae Ce we >. a ~——s EIGHTH REPORT OF THE COMMITTEE OF THE HOUSE OF ASSEMBLY, ON THAT PART OF THE SPEECH OF IS EXCELLENCY THE GOVERNOR IN CHIEF WHICH RELATES TO THE SETTLEMENT OF THE CROWN LANDS: WITH THE MINUTES OF EVIDENCE TAKEN BEFORE THE COMMITTEE. ———— rORDERED TO BE PRINTED THE TENTH FEBRUARY 1824.) = . QUEBEC : Printed by NEILSON & COWAN, No. 5, Mountain Street. 1824. 4 fo, ST ee) ne ee | a —s _— —y hes eee sp Rae a + 5 Rca Acre es RING ef ¢ ‘ q ‘ ‘ ) ef . = : <- é LP . ~~ % rm . - ; 7 ’ : ; _ . i : ’ ' >. 7? d : . ‘ _ ~ ’ - ? ‘ 3 > as ‘ “ y . x : ’ ° ’ < . wy Aw ‘ a . ten . \ y ; ay, ~“ “y S 7 / 7 7 r eis ey s Be aa 5 Pe a te ou” acs es i = et leet hae ee PR A — ees S Aaliakinith se aad mR BEES A FERS DAE EER Ry ieee | a 5 eal rey ae ee ote = Ly be te e* wines a ~~ “e — —~- ee ae PEE IE EL POET —-errr rn To the Honorable the Knights, Citizens and Burgesses of the Deal vince of Lower-Canada, in Provincial Parliament assembled. The Petition of Nicolas Vincent, Tsawanhonhi, principal Christian Chief, and Captain of the Huron Nation, established at the Village of Lorette, near Quebec, Gabriel Vincent, Owawandaronhé, André Ro- main, Tsouhahissen, Petit Etienne, Odiaradheité, Louis Vincent Sawan- tanan, Stanislas Coska, 4harathaha, principal Chiefs of the Council of the same Huron Nation at the said Village, Michel, Tsioui Téacheandahé, Chief of the Warriors of the same Nation at the said Village, Jean Bap- tiste, Atsitarés, Damas, Thononsotin, Joseph, Orontatekha, Pierre, A ye- noton, Martin, Arondé shonti, Isaac, Sharenhesé, Augustin, T contyonde; Augustin, Hodeadété, Koskta Bastien Barthelemy, Kouket, Paul, Ho-« douanhont, Noel, Akari, Moise, Haonona, Paul, Ahérenoneshiaonenrat, Joseph, Aouendothié, Fevrier Vincent, Shashinduja, Ignace, Houendade« jont, Ignace, Kouikar, George, Ethodi, Francois, Tekhiondi, Louis, Has rango, Louis, Thoratati, Etienne Pierre, Tahertadé, Pierre, /thodi, Jobn- ny André, Athohennéte, Baptiste Pierre Joachim Joseph, Hadatahayés, Laurent, Hateryata, Laurent, Tekakhhituronk, Basil, Homoaskatha, Fae bien André Clement, 4ouenkoen and Charles, Shorontohian, all Huron Indians residing in the said Village of Lorette. Humbly Sheweth, That on the 13th day of March in the year 1651, the Company of New France granted to the Indians, ancestors of your Petitioners, a ‘Tract of Land, beginning at the Cape which terminates St. Joseph’s Cove, and extending upwards along the Great River St, Lawrence one league, having a depth of four leagues, at the place called in the Huron Tongue Kamaskda, andin French Sillery, the whole under the conduct and direction of the Reverend Jesuits and their Successors. ‘That by Letters Patent of the 11th April 1658, His Majesty the King of France, confirmed that Grant to the ancestors of your Petitioners: and His Ma- jesty’s motive, as expressed in that Instrument, was, that it is most rea- sonable that they should have and retain in their own country, such ex- tent of Land.as may be necessary for their support in common, and for enabling them to live in a settled state. That the said confirmation was made on condition that the Indians aforesaid, should ever be and remain under the conduct and protection of the Fathers of the Society of Jesus, without whose advice and consent they could not convey, grant, ‘sell or alienate the-said Lands, nor permit individuals to hunt or fish, without the assent of the said Fathers, to whom His Majesty granted the direc- tion of the affairs of the said Indians, without their being obliged to render any account therof-to any one but their own Superior. at 8o early as the $1st December 1635, the eame Company of New France had conceded to Robert Giffard the Seigniory of Beauport, consisting | * . ii of one League of Land alongthe Bank of the River Saint Lawrence; by one league and a half in depth; and on the 16th April 1647, the same Company of New France had likewise granted to the said Robert Giffard the Seigniory of St. Gabriel, beginning at the same place as the Grant of Beauport adjacent thereto, as nearly as may be, having a depth of ten leagues, towards the north west. Your Petitioners further re- present, that Mr. Giffard experienced no difficulty in taking possession of his Seigniory of Beaupoft, but that the Land on either side of that Seigniory, the Hill of Beaupré on the north-east, and the Seigniory of Notre Dames des Anges on the south-west, having been conceded befoie the 16th April 1647, it was impossible to fill up the Concession of the Fief St. Gabriel at the place where Beauport is, unless by means of the Land in the rear of that prior Grant, which would have been according to the Deed of Grant, although coinciding but litthe with the interests of Mr. Giffard, who, without attending to the tenor of the Deed, remo- ved the Seigniory of St. Gabriel to a totally different place, gave the same a depth of one league and a half, without any determinate breadth, the same, doubtless being conceded a8 a retinant, assumed the possession of half a league of land in front, by ten leagues in depth, which remain- ed between the Seigniories of Sillery and that of L’Epinay, and which he gave to the Religious Ladies of the Hétel Dieu, to whom Mr. De Lauzon, then Governor, gave a Grant thereof on the 20th April 1652, under the name of the Fief St. Ignace, bounded on one side by the Land conceded on the River St. Charles, to Guillaume Couillard, (Fief_ L’Epinay) and on the other side by the Division Line of the Lands recently granted to the Indians.. Thus according to the Jatter Grant, the Fief St. lgnace was bounded in front by the River St. Charles,on — the north-east by the Fief L*Epinay, and on the south-west by the Sei- gniory of Sillery, belonging to the Indians. Mr. Giffard, however, car- ried matters so far as to include within his Seigniory of St. Gabriel, the greater part of the Seigniory of Sillery, of which he left the Indians no more than one league and a half in depth, being the interval between the River St. Lawrence and St. Charles. Thus from this moment, the Fief St. Ignace, bounded ia front by the River St. Charles, was tio longer bounded on the south-west by the Lands of the Indians, since the were thus divested of them, but by the Lands of which Mr. Giffard as- | sumed, the possession, and which he denominated the Seigniory of St. Gabriel ; and this manifest encroachment was made without any opposi- tion on the part of the Jesuits, who were not thereby to be losers. In fact, whatever Mr. Giffard and his Spouse had taken from the Seigniory of Sillery, was given to the Reverend Fathers the Jesuits, as the reward of. their good and agreeable services, by Deed of Gift, executed before Mr. Paul Vachon, Notary, on the 2ad November 1667, and they poss sessed the same from that time to the date of the dissolution of their Ore der. There still remained to the Indians one league in front, by» one league anda half in depth, and the Jesuits were determined to have the whole Seigniory of Sillery, from which the Seigniory of St. Gabriel had been dismembered, ‘To attain that end, they availed themselves of their ill ; influence over the minds of the Indians, in order to remove them from the River St. Lawrence; succeeding in occasioning them to abandon their former settlement in Sillery, along the River; to establish themselves at another place more out of the way, within the Fief of Sillery, they thence transferred them to the existing Village of Lorette, situated in the remote part of the true Seigniory of Sillery, and where the Indians still considered themselves at home, not suspecting the Jesuits of having as- ‘sumed a property of which they were the Administrators and Trustees. After the last mentioned migration of the Indians, the Jesuit Fathers determined to ask for viii what. remained to the Indians of the Fief Sillery, and as there was a deficiency of reasons for so doing, they fabricated some, which served the purpose, and they obtained from Mes- sieurs de Calligres and Bochart, Governor and Intendant, a Grant, bear- ing date the $rd October 1699, granting to them, from the motives therein assigned, the Seigniory of Sillery, one league in breadth, along « the River St. Lawrence, and one league and a half in depth, as far as the Seigniory of St. Gabriel, which terminates the same in the rear. The King of France confirmed, with regret, this unjust Grant, by a Letter _ of 6th May 1702. The Jesuits haying so altered the Title of their possession, by obtaining of Mr. and Madame Giffard, and of the King of France, that which belonged neither tothe King nor to Mr. and Mrs. Giffard, held possession in fact and fora long time. But Your Petition- | ers conceive that they could not preseribe against their Wards, who had not faculty of free agency. The, Titles of the Jesuits could not have withstood opposition, had any been made, and it was the province of the Jesuits to make such opposition for the Indians, whose administrators and guardiais they were. Your Petitioners have ‘heard, that one of the essential charecteristics of the Sovereign’s liberality, is, that it is ever exerted without prejudice to any right acquired by third*persons. And. if this be well founded, Your Petitioners conceive, that the King of Fratice could not validly give to the Jesuits, that'which he had already bestowed on the Indians. Your Petitioners further represent, that the other Indians of this Country have not been despoiled of their proper-- ty, and that the Iroqnois of St. Regis, and of Sault St.. Louis, as also the Abenaquis, of St. Frangois, are inthe undisturbed possession of the Seigniories, which the French Kings permitted them to retain in their own Couutry. That Your Petitioners alone, victims of the simplicity of their ancestors, and of the cupidity of the Jesuits, are divested of all, and reduced to utter poverty ; even so that in a country of which their ancestors once were masters, they have lost all the right even of hunt- ing, and dare no longer enter the forest, where they are daily expelled with violence by the Proprietors, who consider them as malefactors, and treat them accordingly. Wherefore Your Petitioners pray your Honorable House will consider the justice of their claim, and the extent of their sufferings, and adopt such measures as they may deem meet, in order to obtain for them that justice, which is due from a paternal and equitable Government, to which the Hurons ever have been, as ever they will, re- main faithful, Lorette Village, 26th January 1819. Committee. Deen ne cee ntenennnemmtteatee it Tne HOUSE OF ASSEMBLY, Wepnespay, 24th December, 1823. Ordered, That the Petition of the Chiefs and other Indians of the » Huron nation residing at Lorette, be referred to the Committee on that part of His Excellency the Governor in Chief’s Speech at the opening of the Session of the Legislature, on the 16th Decr. 1820, which relates to the Settlement of the Waste Lands of the Crown, Attest | (Signed) Wn. LINDSAY, Clk. Assy, HOUSE OF ASSEMBLY, Fripay, 27th February, 1824, Ordered, That Mr. Neilson and Mr. Belanger be added to this Attest. (Signed) Wan. LINDSAY, Clk, Assy. [LORETTE INDIANS.) OUR Committee begas with causing to be laid before them the evi- dence produced to a Committe of the Assembly in the year 1819, upon a reference similar to that now made to your Committee. They next examined the Head Chief in the presencevcf his Council ; his answers, which had the unanimous approbation of his Council, will be found in the Appendix to this Report under the Letter (A.) Your Committee next proceeded to the examination of the Title Deeds and other Documents laid before your Committee by the Peti- tioners. . For the right understanding of these papers, it was necessary for your Committee to obtain information upon the History of the Huron Nation, whereof the Petitioners form a Remnant, and of the circumstances which preceded and led to the settlement of their ancestors at the Village of | Lorette, where the Petitioners now reside. (a) In the beginning of the Sixteenth Century, the Hurons occupied the rich and fertile country which is bounded by Lake Erie onthe South, by Lake Huron on the West, aad by Lake Ontario on the East, between the forty-second and forty-fifth degrees of North Latitude; and although considerably diminished in number by their wars with the Troquois In- dians, are said to have amounted to from Forty to Fifty Thousand Souls; there can be no doubt than they formed one of the most power- ful Indian Nations upon this Northern Continent. Under the Treaty of St. Germain, the possession of Canada was in the year 1632 restored to France, and by one of the Stipulations of that Treaty, all traffic therein with the Indians was interdicted to British subjects, (4) In 1633, the Company of New France re-entered into possession of all that they had ever held in Canada. Mr. De Champlain, who was in that year sent out as Governor resumed a project which he had long formed to attach to himself the Huron Nation, from which the New Colony had so much to hope and fear, and to begin by converting them to Christianity, convinced that this would form the most indissoluble bond of Union between the New Settlers and this powerful Nation. (c) He thought that their conversion would accredit Christianity with the other tribes, and he wished by means of religious missions to prepare the way for the establishment which he had in view in their country, situated most advantageously for trade, and from whence it would be easy to push discoveries to the very extremity of North America. Although the number of Proselytes down to this time had been ex- ceedingly few, he had still hopes of ultimate success; hopes which are said to have been founded upon the sober judicious and lofty character of b Idem I vol, 177-8—181-2, % Charlevoix I vol. 184-5. 4to. Edition of 1744, Idem 1 vol, 185, 4: the understanding of this people, and upon their habits being more sedentary and laborious than those of any other of the savage nations then known upon this Continent: d) In the year 1634, the first Mission was established in the Country of the Hurons. ¥ The fruits of their labours were small in the first year, and in the year 1635 they had only administered Baptism to five or six Adults. ¢e) In 1636, one of the first acts of the Chevalier de Montmagny, upon entering upon the Government of the Colony, was to pat ante order the Seminary which had been projected the previous year for the children of the Indians, in the Jesuits’ College at Quebec, and it was thought pro- per to begin with.the Huron Indians, of whom several families had then recently embraced the Christian Faith. The Indians refused to send their — children to this School. (f) fe oe ees In 1638, the country was visited witha malady, which in a short time was communicated from Village ta Village and threatened utterly to des- troy the Nation, The Missionaries rendered great services by their me- dical skill, and obtained thereby influence over this people. (g) In 1638, a period when religious zeal as well with the Catholics as with the Protestants was at its height, the Jesuits in Canada urged the expediency of giving to the Indians Land in the neighbourhood of Quebec, where they might live together in the European manner, and receive religious instruction. (/) , 4 Entire Communities in Paris and in the Provinces imposed upon them- selves penances, and offered up Public Prayers for the success of this en- terprize. Persons of the highest rank at the French Court, the Prin- cesses of the Blood, and the Queen herself, entered into and promoted the views of the Missionaries. (7) | But no one was more zealous than the Commander de Sylleri, who sent out workmen to Quebec addressed to the Jesuits, to be employed in erecting the necessary buildings for the new Colony of Indians. (£) The Superior of the Jesuits selected a place which has since been known by the name of Sylleri. . eres _ Many of the Huron Indians were, (m) at the solicitation of the Jesuits, induced to settle at this spot ; but at the very time of making the settle- ‘ment, the more sa gacious | of them seem to have entertained suspicions as to the views of the Missionaries. This is evinced by a (mn) Speech of an Indian Chief to the Jesuit Missionary in that year, and which is sub- joined to this Report under the Letter (B.) (da) = Z vol. p. 178. ae (¢) dem | p 188 (f) Adem Ist — p 19. (g) Idem Ist — p 203. (h) idem Ist. — p ébid. (i) Idem_ Ist — p 204. (k) Adem Ist — p ibid. () bare lst — p ébid m) Idem Ist — p 205. > . fn Frantisci Creuxii Historia Canadensis,"page 223, (ay oO From 1637 to 1648 (0) the Missionaries were engaged in making converts and the description given by them of the zeal and faith of the Catachumens of Sylleri reminds us of the first ages of the Church, The Indians were taught to believe that miracles were from time to time performed, and the influence of their religious instructors was without limits. : _ Ja the years 1649 and 1650 the Huron nation was nearly extirpated by the Iroquois, and the remnant of the Hurons under the guidance of a Jesuit Priest joined their Brethren at Sylleri (p/) | On the llth of March inthe year 1651, the Company of New France granted to the Indians residing at Sylleri one league in fiont by four leayues in depth, at the said place called Sylleri. On the 13th of the same month, possession was taken of this Seig- niory by a Jesuit Priest ‘* as Tutor to the Indians.” . On the 1}th of April 1658 the King of France confirmed the above Grant, assigning as-a reason for doing so ‘ that it was very reasonable * that they (the Savages) should have and retain in their Country, the «© extent of ground which shall be necessary for them to live in com- ‘¢ mon, and lead a sedentary life near the French Settlers.’ By this deed of confirmation the King of France gave to the Jesuits the entire and uncontrollable administration of the Lands so granted to the Indians, As well the before-mentioned Grant to the Indians, as the Instrument establishing the taking possession of the Seigniory of Sylleri by the Je- suits for the Indians, and the before-mentioned deed of confirmation by the King of France will be found in the Appendix to this Report un- der the Letrer (C.) | Inthe year 1699 the Superior of the Jesuits in Canada presented to the Governor and Intendant a Petition, wherein they pray ‘ His Majes- “ ty might be pleased to transfer to them, in their own right, the Fiefs, «© Lands and Seigneuries of Syileri, which down to that time they had <¢ enjoyed as administrators of the property of the Christian Indians to ‘«‘ whom the said Fief had been given by His Majesty in the month of « July 1651, and which the said Indians had been obliged to abandon «“ ten or twelve years previously, to settle elsewhere, as well because the « Jands under culture were altogether worn out, as because fire wood «shaving been cut upon the said Seigniory for nearly forty years, was ‘‘ only to be had at a great distance from the place of their residence.” The Governor and Intendant granted the prayer of this petition, being, as they say, fully informed of the good intentions of the said fa- ‘thers of the Company of Jesus, in the great aids spiritual and temporal which they render to the Savages of this Country, and of the great pains which they have taken, and the excessive expences which they haye 0) Charlevoix I. 205,-230, and ente-—Francisci Creuxii Historia Canadensis, pages 362, $67, sok.) 400, 495-—And. Histoire de Hotel Diew de Quebec. . et on (p) Charlevoix 1. 295 to 309, : 6 incurred to support the Missions of the said Savages, and to labour fot their salvation, and particularly in regard to those who were settled at the said place of Sylleri, for whom, since they have left that place, they have bought at their own costs other Lands in different parts of this Country to settle them thereupon, without which they would have _ been dispersed. The description of the Lands granted by this deed is as follows :— The Fief, Land and Seigneurie of Sillery of a league in breadth up- onthe River St. Lawrence, and of a league and a half or thereabouts in depth till it reaches the Fief St. Gabriel, which bounds it in the rear, commencing on the North East side at the ** Pointe de Puisseaux,’’ and on the South West side at a line which separates it from the Fief Guadarville, one of which lines was drawn about twenty five and the other about forty years bef>re, with all the rights and privileges former- ly granted to the said Savages. The influence of the Jesuits at the Court of France, enabled them to obtain from the King of France a Confirmation of this grant ‘ al- «© though contrary to a rule which His Majesty had laid down to give no * more Landsin Canada to Religious Communities.” These papers will be fouud in the Appendix to this Report under the letter (D.) The validity of this Grant of the Fief of Sylleri to the Jesuits may be questioned upon strong Grounds. ‘They were the priests and spiritual advisers of the Huron Indians. They took possession of the Seigniory of Sylleri on the 13th March 1651, as the Tutors of the Indians—They continued that possession down to 1699, as admitted in their own petition as Administrators of the property of the Indians. Under the [3lst article of the Ordonnance of Francis the first in 1539, and the declaration of Henry the 2d of 1549, and the 276th arti- cle of the Custom of Paris, the Jesuits could not lawfully have accept- ed a donation of these Lands from the Huron Indians themselves. Nor do the legal disabilities of an agent or tutor in relation to the ac- quiring of the property of his principal or pupil depend solely upon the above positive Laws. $y _ & The Office infers a natural disability which ex vi termini imports _¢ the highest quality of legal disability, a Law which flows from nature, «« and is founded in the reason and nature of the thing, is paramount ‘« to all positive Law. This is not an arbitrary or local disposition, it « js the constitution of nature itself, and is as old as the formation of « Society, and of course it must be universal, it proceeds from nature «and is silently received and made effectual wherever any well regula- ¢ ted system of Civil Jurisprudence is known. «¢ The ground on which the disability or disqualification rests, is fio *¢ other than that principle.which dictates that a person cannot be both judge and party ; no man can serve two masters, He that is entrust- eo 7 « ed with the interest of others, cannot be allowed to make the business ¢ an object of interest to himself, because from the frailty of nature, one *¢ who has the power will be too readily seized with the inclinations to s* use the opportunity of serving his own interest, at the expense of those «¢ with whom he is intrusted.” «« The danger of temptation from the frailty and advantage for doing « wrong, which a particular situation affords, does out of the mere “* necessity of the case, work a disqualification ; nothing less than inca- ‘¢ pacity of being able to shut the door against temptation, where the dan- ¢ ger is imminent and the security against discovery great, as it must be *¢ where the difficulty of prevention or remedy is inherent to the yery si- «¢ tuation which creates the danger,” | «© The wise policy of the Law has therefore put the sting of a disa- bility into the temptation, as a defensive weapon against the strength ‘«¢ of the danger which lies in the situation.” It does not appear to your Committee that in point of fact the Je- suits had given to the Indians a tract of Land in lieu of the fief of Sy}- leri. If they had not, then the Grant obtained from the King of France is founded upon a suggestio falsi on the part of the Grantees, viz:—the purchase of other Lands for the Indians by the Priests, which of itself would be sufficient to invalidate the title. , The Huron Indians did not remove to Lorette till the year 1670, as appears by the examinations taken before the Committee in 1819. They were first moved back from Sylleri, to the Céte St. Michel, (Parish of St. Foi) thence to Ancienne Lorette, and thence to their pre- sent residence, | And lastly, the King of France had not the power to make the grant in question, inasmuch as the Fief Sylleri had been previously granted to the Indians. , And inasmuch also as the King of France never had, or pretended to have, the power of revoking his grants ex mero motu. It is to be observed that the Seigniory of Sylleri, as granted to the Indians in 1651, contained four leagues in depth, whilst it is described in the grant to the Jesuits of 1699, as containing only one and a half leagues and as bounded in the rear by the Seigniory of St. Gabriel. Upon referring to the origmal title of St. Gabriel, bearing date 11th April 1647, it will be found that that Seigniory is described as follows : _* Two leagues of Land in New France, beginning from the same pla- “ ces as his present concession, extending along the same as near as possi- -# ble, by ten leagues in depth towards the north-west, to have, hold and ** enjoy the same to himself his heirs and assigns forever, “ At the close of this title it is said ?? we enjoin Mr. de Montmagny the King’s «© Governor at Quebec, and for our general company, that he do put the ‘¢ said Sieur Giffard into possession of the lands above granted, and that «© he do assign unto the said Sieur Giffard the title and limits thereof, «© and that of the Procés Verbal to be thereof made, he do retutn unte 8 “© the said‘Company of New France a Certificate by the return of the. é¢ first vessels.”’ | There being no ungranted Land which answered this description, Mr. Giffard, named in the first grant, obtained a second grant not of any speci- fic Tract of Land, but generally as nea: as possible out of waste lands either on the north or on the south, as they shall be designated by Mr. de Montmagny, Governor of Quebec, to have, hold, and enjoy the same, &c. &c. &e. ; Now, until the designation mentioned in the. said last grant was made, ho property was conveyed by it, It was in truth rather a promise to grant a certain quantity of Land than an actual grant of any specific tract. From the manner in which location was made of the Seigniory of St. Gabriel, two and a_ half leagues in length by the whole breadth of the Seigniory of Sylleri were cut off from that Seigniory, and it would ap- pear to be for this reason that the Jesuits dJendribe the Seigniory of Sylle- ri as being only one and a half leagues in depth. Tf, previous to the donation by Mr, Giffard to the Jesuits in 1699, a claim had been set up by him to this dismemberment of the Fief of Syl- leri, it would have seemed liable to have received the answer that they had been in possession of the entire Fief for more than half a century, under the grant of the 11th March 1651, and the formal taking of pos- session on the 13th of the same month, and that the title to Mr. Giffard of the 15th day of May 1647, could not be opposed to them unless he shewed that the designation required by that title had been made in due form of law previous to the 11th March 1651. The Jesuits whether looked upon in the light of Tutors or of Admi- nistrators of the Indians were the depositasies of their Titles, and bound to maintain their rights against the whole world. If there were a flaw in these Titles, (which does not appear to have been the case) it was not competent to them even to buy upa better title to part of the Estates of the Indians for their own use, and to the prejudice of their pupils or princi- pals. And if, as on the present occasion, they obtained a donation of portions of Land whereof they had the administration, that donation could not legally or equitably enure to them for their own benefit, but must enure to them for the benefit of their pupils or principals. __ The above mentioned Titles tothe Fief St. Gabriel and Beauport whereof it purported to be an augmentation, will be found in the Appen- dix to this Report under the Letter (E.) , In the year 1797, the last of the Jesuits having then departed this life, the Huron Indians presented a Memorial to His Excellency Sir Ro- bert Prescott, in which they stated the claims now under consideration. His Excellency was pleased to refer this Petition to the then Attor- ney General, who made a Report unfavorable to the claims of the Hu- rons. The Report of the Attorney General, as well as the answer given by General Prescott to the Hurons, will be found subjoined to this Report. ~~ The Huron Indians having obtained a Copy of this Report, and dis. (e) 9 covering what they conceived to be errors therein, presented afterwards a Petition to His Excellency Sir George Prevost, in which they~ pointed out the said errors, and prayed a new reference, which was granted. Up- on this second reference, a Report was made by the Acting Attorney General, which will also be found in the Appendix to this Report. In December 1821, a Petition was presented by the Huron Indians to His Excellency the Earl of Dalhousie, upon which he was pleased to order a reference to the Law Officers of the Crown. *The Report up- on this, the reference, will also be found in the Appendix, The last mentioned papers will be found in the Appendix to this Report under the Letter (F ) | The Huron Indians had previously made an application to His Majes- ty’s Government in England though Lieutenant Colonel Bouchexcte, they were, as might have been expected, referred to the Provincial Aus thorities. | The examination of Lieutenant Colonel Bouchette upon this part of the subject before your Committee, will be found in the Appendix un- der the Letter (G,) Your Committee have carefully examined the three several Reports of the Law Officers of the Crown upon the claims of the Petitoners. It appears by these Reports, that the before-mentioned Grant of 1651, was on the eleventh day of April 1658. enregistered in the Parliament of Paris. By the Constitution of France no Acts were required to be enregis- tered in the Parliament, except Legislative Acts and Acts concerning the State ; and once enregistered they could only be set aside by the con- current authority of the King and the Parliament according to the known maxim, that unumquodque dissolvitur eodem ligamine quo ligatur. It is true that the Deed of 1699, was enregistered in the Superior Council of Quebec, but it is to be observed, that by the Constitutional Law of France, the words “ saving the rights of others in the premises, and of the King in all things,’’ are usually expressed in Patents, and when not expressed are implied, and that at this time the Indians had themselves no legitima persona standi in Judicio, but were represented by the very Jesuits who obtained the enregistration of the Patent for themselves, which as the Tutors and Administrators of the Indians, it was their duty to have opposed. So also, the King of France could not more than the King of Eng- land re-enter upon Lands granted by him, by reason of any alledged breach of the Conditions of the Grant, without judicial proceeding es- tablishing the forfeiture and re-uniting the Lands to the King’s Domain. No such proceedings appear to have been had, nor indeed does it seem that there were any grounds for pretending that a forfeiture had been in. curred, | Under these circumstances their only remedy appeared to be in a Court of Law, by bringing an action against one of the Censitaires, holding ‘to Nicolet which was refu 12 -tongue in the name of the whole, and interpreted by Louis Vin- cent, after acomplimentary fpeech, and exprefling the failure of their endeavours to obtain their Lands and their reduced condi~ tion,) answered, Yes; and produced a Paper endorfed « Titles relative to:the Fief of Sylieri, claimed by the Indians of Lorette 1798 ;” together with a statement of dates figned *¢ LouisVincent,” and alfo a certified Copy, figned « Herman Witsius Ryland,” of an opinion or report to His Excellency Robert Prescott, Esquire, Captain General and Governor in Chief, by Mr. Attorney Ge- neral Sewell, dated 3d August 1797, Q. What knowledge have you of your being the descendants of the Chriftian Indians formerly eftablifhed at Sylleri ? A. (Delivered and Interpreted as before.) Our Anceftors could not write: we have no books; we have it by tradition. Intimesof old our Chiefs affembled the Nation to hear from its Chiefs the Hiftory of the Nation: we follow the fame cuftoms and relate to our Children the affairs of our Nation -within our own times. The old Chiefs relate what they know -of old times. We have it by tradition, that our forefathers came by invitation to Sylleri from the Lakes above.—They were follow- ed by other ‘Tribe to enjoy a Grant of Land from the King of France, after a lapfe of time, they were moved back from Sylleri to the Cote St. Michel, (Ste. Foi,) from thence to Ancienne Lo- rette, and thence to our prefent refidence ; they wanted us to go fed by the Chiefs in Council, becaufe we ftood upon our own Land. Estes | Q. Is it regularly related, that you are the descendants of the -Indians who were Settled at Sillery, and that the Lands you claim belong to you? A. 188 . Q. Is the Paper given in figned «¢ Louis Vincent,” containing the dates of the Settlement at Vieille Loretie, the Settlement at Jeune Lorette, (1697,) the building of the Church, (1730,) the building of the Mill, (1781,) and the Petition to Lord Derches- ter, (1791,) conformable to your national traditions? © A. Yes. ) i | Q. Is the whole Council prefent ?: A. Yes, excepting one who is out hunting, Gabriel Vincent, _(Wawondrohnin.) Q. How is the Council appointed? A. (Spoken and Interpreted as before.) This is the way, Brothers; when a Chief dies the Council names another and announces him to the aflembled Tribe; but when 13 the Captain or Great Chief dies, Meffengérs are fent-with the intelligence to the feven Nations or Villages of Chriftian Indians in Lower-Canada, to fay that the Maft is fallen, and to tell them to come and help to put it up; a deputation from each affembles at the Village. The Great Chief isnamed by the Council of th Tribe, and prefented to the Deputies of the other Villages.” Q. What is the number of Families in your Village ? A. About 35 Families, 20 perfons or thereabouts’are abfent— thofe who are abfent and even fettled out of the Village would have the fame right to the Land belonging to the Tribe as thofe that remain, on their returning among us. Q. At whofe expenfe were the Church and Mill built ? A. The Church was built at the expenfe of the Jefuits, the Indians working at the building and furnifhing aid in Furs—the Jefuits asked leave of the Council to build the Mill, which was granted and built, as we fuppofe out of the Revenues of the Eftate. Q. Did the Jefuits ufually make you any allowance for your fupport ? A. Yes—when the Mill was firft erected the Jefuits allowed us a Minot of Wheat annually to each Family, but it did not con- tinue long—It was foon reduced to one half, that is, we paid half rice. c Q. Have you any allowance from the Jefuits’ Eftates at prefent ? A. No, not fince forty years ago; the School Mafter had, "till the death of the Jefuits, an allowance of one Bufhel of Wheat — per month. ‘The Commiffioners now allow five fhillings per month in commutation. Q. On what account did the Jesuits discontinue the allowance - of Wheat ? | A. We do not know : when they ceased to give the allowance, we began to afk the Pére Giroux for our lands. He said he had been considering of it, and recommended us to apply to Lord Dorchester, which we did in 1791, fince time which we have peti- tioned every Governor who arrived ; during General Prefcot’s ad- miniftration we received an opinion of the then’ Attorney Gene- ral (the one handed in) in anfwer to our petition, which appear- ed to us on examination to contain errors in fact ; we memorialized Sir James Henry Craig from whom we received no anfwer: we petitioned Sir George Prevoft and received an anfwer, which ap- peared to us to be an anfwer to an application for a Grant of Land: we memorialized Sir John Coape Sherbrooke, ftating our - claims at length, and pointing out the milconceptions, as we con- ceived, of our former memorial. That was referred to N. F. 14 Uniacke, A Caron, and George Pyke, Efquires, but no anfwers have been received. We afterwards applied to Counfel, who told us, that although our claims appeared well founded, there were no means of enforcing them in a Court of Law by an Action, _ Q. What are the names of the Indian Villages of Lower-Ca- nada ? . A. Iroquois, Sault St. Louis, (Great Fire or Council); Hurons, Lorette ; Iroquois and Algonquins, Lac des deux Montagnes ; Iroquois, St. Régis ; Abenakis, St. Frangois; Abenakis, Bécan- cour. | pri Q. By what Titles do you hald the Lots on which your Houfes are built in the village of Lorette, and the land you poffefs ? A. We have no Titles, but thofe given in: Mr. Berthelot, Agent to the Jefuits’ Eftates, demanded rents, but we refufed. He threatened to profecute: we wifhed him to do fo: but no profecutions have taken place. ; Q. What are the extent of your prefent claims and withes ? A. We make no claims but for our lands, and the means of educating our children. _. Orpverep, That the Rev. Mr. Ant. Bedard, Prieftand Miffi- onary, be called before the Committee on Friday next, at ten o’clock, bringing with him the Regifters of Births, Marriages and Burials of the Miffion, from the earlieft period. ORDERED, That Mr. Ogden, a Member of the Houfe, be alfo called before the Committee. | Adjourned ’tili Friday the 5th inftant, at ten o’clock. 7. » « | _ Fripay, 5th February, 1819. PRESENT :—Meflieurs Neilson, (Chairman,) Tuschereau, Da- vidson, Gauvreau, Vanfelson, Cuvillier, Bellet, and Blanchet. The Rev. Mr. Antoine Bedard, Prieft, Curate. of St. Am- broife, and Miffionary of the Hurons of Jeune Lorette, called in, __ Q- Have you any knowledge that the Huron Indians now fet- tled at Lorette, are the defcendants of the Chriftian Indians for- merly eftablifhed at Sylleri? A. I know by the general tradition of the Parith, that the Indians now at Jeune Lorette, are the defcendants of the Indians formerly eftablifhed at Sylleri. Q. Do the Regifters of the Miffion confirm that tradition ? A. I have no Regifters earlier than 1761... I think that thofe of an earlier date muft have been depofited in the Prothonotary’s 15 Office, or other Office in Quebec. It is'alfo poffible that during the war of 1759, when the Indians and Miffionary fled to the “woods, they may have been loft. Q.: Are all the Indians at Jeune Lorette Roman Catholics ? A. Yes. Q: How many families are there now in the Village ? A. Twenty-eight or twenty-nine; the communicants may be feventy. Q. Are the Lorette Indians a quiet, peaceable, hotieft, induf- trious people, and [oyal fubjects ? ' A. Yes; I know that they have always been ready and difpofed for His Majesty’s fervice, when required. I know of one Se wherein their anfwer to the Governor, on fome occafion during the late war, relating to the public fervice, had been mifreprefented. Their wifh was to be employed, but their young men were in the woods, not to return ’till Saturday night. Q. Do you think the Indians fincerely believe that they hop a well founded right to the lands they claim ? A. Yes; they fincerely believe fo, and fay if it could only be fhewn that they have no right to them, they would ceafe all complaint. 2. Do you know eo any fteps taken by them to obraint heir lands? . Yes; I know of one about the year 1808 or 1809. I se there is mention of another in this Note, figned J. B. D’Eftimauville, Ind. Dept. [which he delivered in, marked 5th Feby. 1819.} I have heard that a Petition was fent to His Roy- al Highness the Prince Regent by Col Bouchette, and it was re- ported the anfwer was favourable. OrpeERED, That Colonel Bouchette be called before the Commit- tee on Thurfday next, and that Lewis Foy, Efquire, Secretary to the Commiffioners of the Jefuits’ Eftates, attend the Commit- tee at the fame time, and bring with him the earlieft Procés Verbal of bornage between the Fiefs St. Gabriel and Sylleri. Adjourned ’till ‘Tuefday at ten o’clock. Tuespay, 9th February, 1819. Present :—Meflieurs Neilson, (Chairman,) Davidson, Tasche- reau, Blanchet, Gauvreau, and Guvillier. Lewis Foy, Efquire, Secretary to the Commiffioners of the Je- fuits’ Eftates, called in, Q. Are you in poffeffion of the. earlieft Procés Verbal of Lor- : 16 nage’ between the Fiefs of Sylleri and St. Gabriel, or any other Procés Verbal of bornage between the {aid Fiefs ? A. I do not think myfelf in poffeflion of any Papers belonging tothe Commiffioners of the Jefuits’ Eftates, that I can take. upon myfelf to give, without an order of the Commiffioners. Q. Do you know if there exist among the Papers of the Jesuits’ Es- tates, any. Procés-Verbal of dornage between the Fiefs Sillery and St. Gabriel, or any Papers or Plan shewing their boundary or ¢rait-guarré between the said Fiefs, while the latter was in the possession or claimed by Mr. Giffard ? of A. I do not think myself authorized to give any information relating to . the Documents of their Office, without the orders of the Commissioners. Joseph Bouchette, Esquire, Surveyor General, called in. Q. Were you at any time authorized by the Lorette Indians to make any representations relating to their claims to part of the Jesuits’ Estates ? “A. I was requested by the Indians, previous to my departure for England, in 1814, to make representations to the British Government on the subject of their claims to part of the Seigniory of St. Gabriel. I did.so, and I-now hand ina copy of my Letter to Henry Goulburn, Esquire, Under Secretary of State, and his reply, which I communica- ted to Col. De Salaberry, and the Chiefs of Lorette, on my return, Adjourned, a a Fripay, 19th February, 1819. Present :—Messieurs Neilson, (Chairman,) Taschereau, Cuvillier, Gauvreau, Vanfelson, and A. Stuart. | The Hon, Col. Louis De Salaberry, Superintendant of the Indian De- partment Lower Canada, called in and examined, Q. Have you any knowledge of any claims made by the Lorette In- dians on lands inthe Fiefs Sillery and St. Gabriel ? A. Yes; I know of several proceedings on their part for these lands, having taking place. Q. Of what nature werethose proceedings, and at what time were they made ? A. At several times during the last twenty years. It was by Peti- tions or Memorials, as I have understood. I presented one myself to Sir Robert Shore Milnes, Q. Do you know what were the answers received ? A. I think that.on one occasion they were referred tothe Law Off- cers of the Crown in this Province, Q. Do you know of any decision having been had ? A. Ido not think there has beer any. | ; 17 Q. You have had frequent personal intercourse with these Indians ; do you think that they sincerely believe their claims are well founded ? A. Yes—they have never varied in their statements to that effect, they speak of two leagues anda half indepth, which it appeared to me they were fully persuaded belonged to them. | Q. Do you know if the Lorette Indians and the other Indians domi- ciliated in this Province are Roman Catholics ? A. Yes, they are all Roman Catholics. Q. How many Indian Villages are there in this Provinee, and what are their names and locations? | ‘ie A. Lac des deux Montagnes, 3 Tribes, Algonquins, Nipissingues and Troquois ; Sault St. Louis, Iroquois ; St. Regis, Iroquois ; St. Francois Abenakis ; Becancour, Abenakis ; from St, Francois River to Chaudiere River, Abenakis; Hurons, Lorette ; towards the Gulph, Micmacs, Malécites or Amalécites. Q. Do you know if the Indians now domiciliated at Lorette are the descendants of the Huron Indians formerly domiciliated at Sylleri ? A. Yes; it has always been a general tradition, that they are the descendants of the Hurons formerly settled at Syileri. Q. What is the general character of the Lorette Indians as indivi- duals ? A. Peaceable and indastrious—They are very poor and subsist only by their industry. . Q. What is their character as subjects of the King? A. Very faithful and devoted to His Majesty’s service ; during the late war these Indians not having been called upon to go to the frontiers they complained to me of the neglect, and I made a representation to Sir George Prevost on the subject, to which his Excellency answered in substance, that it is very far from his intention to neglect them, but that it was his duty to reserve some brave and faithful warriors to look to the Quebec Frontiers, and it was only on that account that he had not called on them to go to the Frontiers in the District of Montreal—It is within my knowledge that.two of the Lorette Indians volunteered with the Voltigeurs, one of whom served asa Serjeant during the war, and both distinguished themselves. Q. Do you know if any allowance is now made to the Lorette Indians out of the Revenues of the Jesuits’ Estates? A. Not to my knowledge. Q. What allowances are made to the Lorette Indians by the Military Government, and on what account ? _ A. Annual presents in Clothes for the Warriors and Women and Children, and eight days Rations at the time they receive their presents ; they are also allowed arms and ammunition, as Warriors always ready for Military Service. . Q. Do you know if the old French Government made them the. same er similar allowance ? A. From the earliest settlemeat of the Country I have always “TS nuderstood that the same allowances were made by the French Government to the Indian tribes domiciliated in this Country—they since have always been extremely useful, both in time of Peace and War, being always ready for the Public Service, , By Mr. VAnrerson. QO. Were the applications which you have mentioned as having been made to the Government attended to and refeired to in the ordinary way for investigation ? - A. Governor Milnes told me on the application that I made, that he would bestow every attention thereon, and would refer it to the Law OF - ficers, and I believe he did so. Q. Do you know of representations having been frequently made to Government on the part of the Indian Tribes domiciliated in this Pro- vince, and whether they were attended to ? - A. I have sometimes made applications on the part of different Tribes, and they were always readily attended to. Q. Do you know if the Indians of the Sault St. Louis applied for their Seigniorial Property, and if it was restored ? A. As far as my recollection goes there wag such an application, and i have heard that they were partly successful, en: By the CHainMAN. Q. Do you know in what state the Church and Parsonage House at Lorette is? | | | ' A. Much in want of repair, but since the extinction of the Order of Jesuits the Indians are no longer able to make the necessaty repairs on, accounts of their poverty. _ Q. Have the Indians ever complained to. you of want of means to sup- press the disorders frequently occasioned by white people resorting to their Village ? ria ee | ty Qo | A. Yes, they say that they can easily keep their own people in order, but that they have no authority over the Whites ; 1 told them I knew of no remedy but in the Law. ae Pe 7 By. Mr. TascHEerEAv. » Q. Do you think that it would be desirable to establish Schools in the Indian Villages ? . A. Yes; I think it-would be very useful ; at Lorette they havea Huron School-master whom they have supported in partat their own expense—He also receives something from Government, 3 gviyv £ 19 TuursDay, 22d April, 1819, Present :—Messieurs Neilson, (Chairman), Taschereau, Bellet, A. Stuart, and Blanchet. The Committee appointed by a Resolve of the House, of the 26th January last, to whom was referred the Petition of Nicolas Vincent and other Indians settled at the Village of Lorette, with an instruction to enquire into the expediency of making legislative provision for more ef- fectually ameliorating the condition of the Indian Tribes of this Pro- vince ; Report in part :-— That they have been prevented, by their attention to the other busi- ness of the Session, from prosecuting the enquiries referred to them, to ‘the necessary extent. They have, however, proceeded to examine several persons on the claims and grievances set forth in the Petition of the Lorette Indians, which examinations they now respectfully submit to the House. J. NEILSON, Chairman. APPENDIX ( A.) HOUSE or ASSEMBLY. Taurspay, 29th January 1824. Mr. Stuart in the Chair. Nicolas Vincent, (7sawanhonhi) first Chief and Chriftian Captain of the Huron Nation fettled in the Village of Lorette near Quebec, One of the Petitioners, accompanied by the whole Council of the faid Nation, appeared before your Committee ; and his Answers to the queftions put to him being interpreted by Michel ( Tsioui Téacheandahé) Chief of the Warriors of the fame Nation in the faid Village :—He made Answer to the ques- tions put to him, as follows. | Q. Do the Indians of Lorette apply themfelves to Agriculture, and the other modes of earning a livelihood which the furrounding Inhabitants ufe ? . 7 : A. Such of the Indians as have Lands, plant Indian Corn, Sow Potatoes, and a little Corn, but the number is very fmall. The others live on the produce of Hunting and Fifhing, because they have no Lands, C ZO Q. Are Hunting and Fifhing fufficient for the fupport of thofe whofe purfuit they are ? A. They are both very precarious modes of living ; they must neverthelefs be content with them. The Huron Nation had for- merly for their Hunting and Fifhing Limits, from the Arm of the River Chicoutimy, as far as the Mouth of the River St. Maurice. That Nation ufed also to Hunt and Fish on the South Shore of the River St. Lawrence as far as the River St. John. Before that time the Hurons had no limits for Hunting and Fith- ing : they were Mafters of the Country as far as the Great Lakes : Our Anceftors permitted no one to Hunt and Fifh on their Lands, and in former times if a Nation came to Hunt upon the Lands of . another Nation, their fo doing became a caufe of War. I cannot either read or write, but from ‘Tradition from our Anceftors, nearly l'wo Hundred years ago the Seven Nations made an Alliance with each other, to live in peace, and in common, that is to fay, that theywere to eat with the fame Spoon, ( Micoine ) out of the fame Porringer ; that fignified that they were all to Hunt together on the fame Lands to avoid all difputes with each other. ’ For the laft fifty years the Abenaquis of the River St. John, the Micmacs, & the Malecites have come to hunt upon our Lands and deftroy all our Chace. When we had the Chace to our- felves, it was a Law among us only to kill full grown Animals; and to {pare the young ones. ‘With refpect to Beaver, it was a Law to kill none from June to Auguft, becaufe neither the Fur nor the Flefh was fit for any thing, and to do fo was Murder. It was alfo the Law among us not to kill Partridges, becaufe they are fitting. The other nations who come to hunt on our Lands, are not fo confiderate. When ftealing, one intends to fteal ef- fectually, if there be ten dollars in a Bag: one does not leave two of them. Thefe foreign Indians kill both the full grown ‘Animals and. the young, and efpecially Beaver which always re- fides in the same place. ‘The consequence of that has been, that the Chace has been destroyed and we are reduced to want. We ‘cannot, as our ancestors did, kill the ftrangers who went to hunt upon their Lands. Even the Canadian Peasantry take upon them- felves to hunt and fith, and they deftroy every thing; they fpread Snares for wild Pigeons, and are ready to kill us when we pass over the end of their Lands in the Foreft. They juftify them- felves by faying, they have Grants of thofe Lands, and that on ‘their own Grounds they are Mafters. Since thefe Canadians 21 have Lands to cultivate, let them cultivate them, and leave to us our rights of hunting and fifhing. | Q. Do you think that if the Indians of Lorette had Lands in their neighbourhood, they would try to cultivate them, and to earn their iivelihood in that manner ? HAL A. I do not ask for Lands; I am too old to take an Axe on my back, and go and clear new Lands. We demand our own rights ; it is the Seigniory which belongs to us. Q- What prevents the Indians of Lorette and» efpecially the young people from applying themfelves to Agriculture, fince fifhing and hunting are not productive ? iniAs 7o 7 Ow _ A. Becaufe they have no Lands, and are too poor to fettle them if they had any, | Q. Do you think that if they had» Lands of a good quality, and were fupplied with Provifions for from one to three years, they would make fettlement ? | _ A. It is not that; it is my Seigniory which I claim. With the income of my Seigniory, I fhall confult my Council how I fhali do hereafter. ‘Che income will affift me to live upon my hunting and fifhing. } 37a | Q. Have you taken any fteps to claim your Seigniory fince you were lately here in 1819, and what-were thofe fteps ? A. About two years fince or thereabouts we prefented’ a Peti- tion to the present Governor to recover our Seigniory.. The Se- cond Chief, André Romain, transmitted it to Colonel Ready, Secretary of the Governor in Chief. ‘The Chief went twice for an anfwer ; we have never had an anfwer. - Q. Have any additional allowances been made’ to: you for the Education of your Children, or to aid» you in any way fince that time or to make Repairs to your Church, or the other Buildings thereon depending ? - A. None whatever. | - Q. Have you really need of any, and have you applied for any ? - A, We have had great need of fome, but have not applied for any. ; ;, 0. Why have you not applied / i375 _ A. Becaufe we are tired of being refufed. Q. ‘To whom did you apply when you were refufed ? ~ A. Wehave always applied for the repairs of our Church, and fome other Applications of that kind to Colonel De Salaber- ry the Superintendant; he in fact made application for us, but we obtained nothing. I do not-fpeak of the prefents granted to us by the Military Government. 22 Q. What are the Articles manufactured in your Village and brought to market, or out of the Village for fale ? A. Mocaffins, Snow Shoes, Safhes, Baskets, Indian Sleighs, Fur Caps, and Mittens, Collars of Porcupine Quills, Purfes, Re- ticules, Bows, Arrows, Paddles, {mall Canoes and little Figures of Indians. _Q.. Do they find a ready fale for the Articles they manufacture ? A. There is occafionally a fale, but at half the price for which they wete formerly fold; we are often obliged to barter them for Marchandize. 4 Q. Do you think any other branches of Manufacture might be introduced into the Village ? A. Some perfons among us are Joiners, others House Char- penters, others are obliged to work as day Labourers, there being much Poverty. . Q. Do they receive any other aid than that granted by the Military Government for their fupport, independently of what they procure by their labour and induftry ? A. No aid whatever. Q. Are there many perfons in the Village who are reduced to ask Alms, and how many. A. Four Families are reduced to want, their number is about twenty Perfons. Q. Are all the Chiefs of the Council here prefent in the Com- mittee Room ? f A. All except Louis Vincent (Sawantanan) who is sick. Q. What are their names ? | g mt: A. Nicolas Vincent (Zsawanhonhi), Gabriel Vincent, (Owa- — wandaronhé), André Romain (Tsouhahissen), “Petit Etienne (Odiaradheité), Staniflas Coska (Aharathaha),. Michel (Tsiouz, Téacheandahé), Jean Baptifte ( Atsitarés), Damas ( Thononsotin), Jofeph (Orontatekha), Pierre (Ayenoton), Martin (Arondé shon- ti), Isaae (Sharenhesé), Auguttin (Teoniyonde), Auguftin (Ho- deadété), Koskta Baftien Barthelemy (Kowket), Paul (Hodouan- hont), Noel (Akari), Moise (£/aonona), Paul (Ahérenoncshiaons enral), Joseph (Aouendothié), Fevrier Vincent (Shashinduja), Ignace (H/aouendadeyont), Ignace (Koutkar), George (Ethadi), Francois (Tekhiondi), Louis (//arango), Louis (Thoratati), E- tienne Pierre (Tuhertadé), Pierre (Ithodi), Johny André (Atho- hennéte ), Baptifte Pierre Joachim J ofeph ¢ Hadalahayés ), Lau. rent (Haleryata), Laurent ( Tekukhhituronk: ), Basil ( Homoas- katha ), Fabien André Clément douenkoen), et Charles (Sho- rontohian )- 23 Q. Is what you have juft stated, the fentiment of all the Chiefs forming the Council, who are here prefent ? A. Yes; unanimously. 3 Q. Is it the fentiment of the Warriors who are alfo here pre- ent ? A. Yes; it is the fentiment of the whole Nation. The Committee having informed the principal Chief, and the other Chiefs that they had no other Queftions to put to them, the faid Chiefs on returning faid they wifhed to add “that they «« were perfuaded, and had no doubt that the Seigniory «“ which they claimed, belongs to them :—that they placed all «¢ their Confidence in the Juftice of their good King, for obtain- «< ing what they claimed by their faid Petition. Adjourned. Monpay 16th February 1824. PRESENT,—Messrs. Stuart, Bourdages and Viger. Mr. Stuart in the Chair. Ordered, That the principal Chief and Council of the Huron Indians refiding at Lorette, be directed to lay before the Com- mittee fuch other and further Documents and Papers, as they may have in their poffeffion and deem material in fupport of their Petition. Wepnespay, 18th February 1824. Present :—Messieurs Stuart, Bourdages and Viger. Mr Stuart, in the Chair. Stanislas Coska (Aharathaha) one of the Chiefs of the Huron Na- tion of Indians appeared and made answer as follows: — Q. Who is the Guardian of the Papers, Titles, and Records which concern the Indians of the Huron Nation at Lorette, and where are the said Papers, Titles, and Records deposited ? A. They are in the possession of the Council of the said Nation at Lorette. He then stated that he had been directed by the principal Chief, to produce and lay before the Committee divers documents, which the 24s Couneil deem material in support of their Petition ; which. said. Docu- ments are authenticated by Initials, A. S. and areas follows : A. S. No. 1.—A Letter from His Excellency Robert Prescott, Esqr. to the Chiefs of the Huron Nation of 31st. March 1798. ~ A. §. No. 2.—General Murray’s Certificate of Protection to said Nation dated 5th September 1760. See A. S. No. 3.—Letter from Jon. Sewell, Esq. to Chiefs of said Na- tion dated 15th October 1795. A. S. No. 4.—Notarial Acte of the deposit by the Chiefs of the Huron Nation of General Murray’s Certificate of Protection. A. S. No. 5 —Letter from Mr. Berthelot, Agent of the Commis- sioners of the Estates of the Jesuits to the principal. Chief of the Huron Indians, dated 3d; December 1810. A. S. No. 6.—Order from John Renaud, Grand Voyer, to Captaig L’Hero of Indian Lorette, dated Lorette 18th February 1792 ag A. S. No. 7.—Deed of Concessien by the Pére Girault to the Huron Indians, dated Quebec 11th September 1792. A. S. No. 8.—Extract of Judgement of the Court of Special ‘Ses- sions of the Peace, dated 28th January 1804. A. S. No. 9.—Report by Plamondon, Surveyor, of the Lands con- ceded at Sylleri (without date.) | A. S. No. 10.—Measurement of the Lands of Mr. Jno. Frank, and those of the Routiers at Sylleri in September and October 1769. A. &. No. 11.—Procés Verbal, by Plamondon, Surveyor, of 22d. July 1769. | A. S. No. 12.—Copy of a Petition by the Huron and Iroquois Ins aA 6°. * 24s oe APPENDIX (B). whim “2 IAM, QVOD INDE vsque ab initio tantopere referre ad Dei gloriam putatum erat, vt certas in sedes vagi cogerentur, procedere hoc eodem tempore cepit. Sillerius, inter Melitenses Equites Commendator, vt vocant, vir egregié pius, ac diuine promouendz gloriz perstudiosus (quo demim consilio, ne ipse quidem fortasse satis initio nédrat) czlesti tamen aliquo mentis instinctu, egerat iam per Jiteras € Gallia cum Gandzo, vt quem locum adamauerat in vacuis illis possessionibus, e6 sibi cedere ne grauaretur : in animo sibi esse ibidem excitare domicilium : cetera, si quz iam tum mente concepta habebat, presserat silentio. Et Gandeus, lametsi iam in possessionem venerat, peramcenam opportunitatem secu- tus : tamen pro suo proseminandz fidei studio, cessit lubens. Silerius autem Iuvenzi literis interpellatus, monitusque nihil tim quidem fieri posse ad rem Christianam ijs in tractibus stabiliendam conducibilius, tt, it ne ; 25 quam si indigenis ea sedes attribueretur, vbi vagam illam vitam fix’, quietaque mutarent ; haud wgre & ipse manus dedit, id demiim optimum fore ratus, quod Juuenzus, locorum, rerumque apprimé peritus, expedire censeret. Scribendi porrd causam Tuuenzo prebuit, consilium illud Sillerij, pris suspensum, & incertum ; cilm enim is ea re vnam se diuinam gloriam spectare profiteretur, opificésque interim misis- set ad edificandum, quasi ex composito res ageretur, Domino Deo vtrobique corda permouente, sub illud ipsum tempus rogatus vagus qui- dam a Iuuenzo, liberos sibi in disciplinam vt traderet ; Quin parentes quoque excipis ? subiecit, locum assigna proxime domicilum vestrum, vbi cum tota familia operam vobis dare possim, & quz de eo 4 quo cuncta condita, traditis, excipere, audiendo assidué. Perculit hec oratio [u- uenzum ; neque enim adhuc quisquam ea ex gente fuerat non modd qui vitré consistere se velle sponderet, sed nequi acquiesceret quidem opportunis, quz ferebantur, conditionibus ; quoniam tamen sus- pecta merit erat innata vafrities, vrget, instatque Iuueneus, &, nun ex animo loqueretur, perquirit. Enimuerd, inquit Negabamat (id enim viro nomen) vt intus in animo constitui, italoquor. Nec cunctandum in tam preclata occcasione ratus Iuuenzus, offert illicd edificium illud quod assurgebat : ea tamen conditione, vt si res minis probaretur, magno ili Duci, cuius sumptibus zdificatio peragebatur, excederet Negabamat concessa domo. Ciim deliberaturum se spopondisset, rémque totam cum amico suo quodam, & familiari communicaturum ; aliquot anté interiec- tis diebus cum Francisco Xauerio, de quo supra (Nenaskoumat, anté no- men fuerat) adfuit sub noctem : prefattsque negotia magni momenti me- lids nocte geri, quod absunt molesti spe interpellatores ; proinde ne grauarentur Patres in eam noctem hospitium prxbere ; secundim coenam, singulari_comitatis significatione appositam, hune prorsis in modum exorsus Negabamat. No. 4. _ LOUIS &c. Greerinc :—Our dear and well beloved Father Paut Leseune, of the Company of Jesus, Priest of the Missions of the said Company in America, hath represented unto us, that by our Letters Patent of the month of July 1651 we had promised the settling of the Christian, natives of the Islands and Continents of North and South America latterly converted to the Faith, upon the clauses and con- ditions contained in the said Letters Patent, but that because the same were not addressed to you, and you might make difficulties as_to the en- registration of them—The said memorialist most humbly supplicated us - to be pleased to grant unto him our Letters necessary for the purpose— For these causes, we enjoin you that you do proceed to the enregistration of our aforesaid Letters, and to cause the said Company to have and en- joy the contents thereof, fully and peaceably, according to their form and tenor, notwithstanding that the said Letters Patent have not been ad- dressed unto you, whereof we have relieved, and do by these presents relieve the said Company. ; ;. ~ For such is our Pleasure. Given at Paris the eleventh day of March in the year of Grace 1658, 32 and of our reign the 15th. Signed by the King in his Council «¢ Dachau” and sealed. Registered by the King’s Attorney General to be executed according to its form and tenor, at Paris in Parliament the eleventh day of April 1658, signed “ Du Tillet’’, collated with the Original by me Councillor and Secretary of the King and of his finances. (Signed) DUMOLEY. I do hereby certify the foregoing to be a true Copy of the Entry as on Record in the Registrar’s Office at Quebec ina French Register en- tituled “ Cahier d’Intendant Concessions en Fiefs, Sc. No. 2 a Q, fe- lio S2 recto.’ . Provincial Secretary’s Office, Quebec, 28th February 1824. [. (Signed) Ls. MONTIZAMBERT. Actg. Provl. Secy. and Regr. tee No. 5. EXTRACT FROM THE REGISTERS OF PARLIAMENT. “« The Court having seen the Letters Patent of the King given at Paris in the month of July 1651, signed « LOUIS,” and on the back by the Queen his mother present “ De Lominie’’, to which is appended the Great Seal of green wax ; by which said Letters Patent the said Lord had permitted the Father of the Company of Jesus to re-establish in all the places and Islands in North and South America, with all the rights and privileges contained in the said Letters; and altogether as they now do in this Kingdom, as is more fully set forth in the said Letters, addressing to the Court other Letters Patent of the same month and year, signed and sealed in the same manner, whereby the said Lord had. also permitted the establishment of Christian natives of the said Islands and Continent of America latterly converted to the Faith ir the said Country, upon the clauses and conditions contained in the said Letter, ad- dressing tothe Court Letters of Surrannation upon the said Letters of the eleventh of the present month of March, signed by the King in his Council ‘ Pachau,” and sealed with the Great Seal of yellow wax. Petition presented to the Court by Father Paul Lejeune of the Compa- ny of Jesus in the name and as Priest of the Missions of the Company in América, to theend that the said Letters Patent may be enregistered—— Conclusions of the King’s Attorney General,— Having heard the report of Mr. Charles Saveuze, Counsellor in the said Court. All consider- 1. | — /S —_— bee Ber * 33 ed, the Court hath ordered and doth order that the “said Letters shall be enregistered at the Clerk’s Office of the said Court, to be executed according to their form and tenor, Done in Parliament the eleventh day of ‘April 1658. (Signed) Du TILLET, Collated with the Original by me, Counsellor and Secretary of the King and of His Finances, ; (Signed) DUMOLEY. I do hereby certify the foregoing to bea true Copy of the Entry as on recordin the Registrar’s Office at Quebec in a French Register en- tituled ** Cahier d’Intendant Concessions en Fief Sc. No. 10 a 17, fo- lio 82. verso. Provincial Secretary’s Office, Quebec, 28th February 1824. Signed, Ls. MONTIZAMBERT, Actg. Provl. Secy. and Regtr. Re a ae IESE | APPENDIX (D.) (Titte Deep of Sytuerr, Revd. Fathers Jefuits.] Hecror de Caruirre, Knight of the Order of St. Louis, Go- vernor and Lieutenant General for the King in all Northern France. | Jean Bocuart, Knight Lord of Champigny Noroy, and other places, Councillor of the King in His Councils, Intendant of Juse tice Police and Finances in the faid Country. : Having seen the Petition to us prefented by the Revd. Father Martin Bouvart, Superior of the Company of Jefus in this Coun- try, and Father Francois Vaillant, his Procurator, praying that it might pleafe us to transfer to them in their own right the Fief Land and Seigniory of Sylleri, which they have hitherto holden only as Adminiftrators of the Property of the Chriftian Indians, to whom the faid Fief was given by His Majefty in the month of July 1651, and which the faid Indians have been obliged to aban- don ten or twelve years fince, to fettle themfeves elsewhere as well becaufe the Lands in Culture were altogether worn out, \as be- caufe fire-wood having been cut thereupon for nearly forty years, none could be had but at a great diftance from their refidence :-— As alfo to transfer to them in like manner in their own right, and in Fief, fou: perches of land in front by eight in depth, conceded by the late M. de Montmagny, and twenty ‘l'oifes {quare of aug- mentation granted by the jate M. D’aillebout, both Governors 34 General of this Country, to the late Pachiriny an Indian Chief at Three-Rivers, whereof the said Fathers the Jefuits have for more than forty years, given, as ‘Tutors and Adminiftrators of the Property of the faid Puchiriny, Contracts of Conceflion, to divers individuals Frenchmen to occupy and build upon them, as they have done, in confideration of fome fmall rent, which said Pachi- riny is now dead, and the faid Fathers have remained in the en- joyment of the faid lots of Ground, whereof they require us to make unto them a Grant, and being fully informed of the good intentions of the faid Fathers of the Company of Jefus in the great {piritual & temporal aids which they afford to the Indians of this Country, and of the great pains they have taken and of the very heavy Expenfes which they have incurred to fupport the faid Miffions of the faid Indians, and to labour folidly for their Salva- — tion, and particularly in refpect of thofe who were fettled at Sylleri, for whom fince they have left that Place, they have purchafed, at their own proper cofts, other lands in divers places of this Coun- try to fettle them thereupon, without which they would have been difperfed. For thefe reafons we have given and granted in pro- perty to the faid Fathers Jefuits the faid Fief Land and Seigniory of Sylleri, of one league in breadth upon the River Saint Lawrence, and of one league and a half or thereabouts in depth up to the Seigniory of Saint Gabriel, which bounds it in the rear beginning on the North East fide at the Pointe de Puisseaua, and on one fide to the South West, by a line which feparates it from the Fief of Gaidarville, which lines have been drawn, the one about twenty five years ago, and the other about forty, with all the rights and privileges formerly granted to the faid Indian to enjoy the whole am true Fief, holding from the aor topped with fuperior, mesne and inferior Jurisdiction, as they pofless all the other lands which His Majesty has been pleafed to grant them in this Country; and we do in like manner give and grant unto them by the fame Title of Fief, and with the same rights and privileges above fpecified, the faid four perches of Land in front by Eight in depth, granted by the late Mr. De Montmagny, and the twenty Toifes {quare of augmentation granted by Mr. D’Aillebout, both Gov- ernors General of this Country, to the faid late Pachiriny an In- dian Chief. The whole to be holden by them in Property for ever according to the Cuftom of Paris, fubject to Appeals from the faid Courts of Sylleri lying to the Lieutenant General of the Prevotthip of Quebec, and that the faid Fathers Jesuits fhall be ‘bound to obtain from His Majefty a ratification of thefe Presents within one year. In Witness whereof we have figned them, and | Sr > |S = = — 85 have caufed the Seals of Our Arms to be put thereto, and Coun. tersigned by our Secretaries. Given at Quebec the 23d October 1699, (Signed) CHEVALIER pe CALLIERE and CHAMPIGNY. By My Lord, Fy (Signed) HAUTEVILLE & ANDRE’. Extract of the letter of the King to the Sieurs Chevalier de Cal- lire and Beauvharnois, Governor General and Intendant of New France of the 6th May 1702. «His Majesty has alfo granted the Land of Sylleri demanded by the Fathers Jefuits, although it is contrary to the Rule he has made to give no more of the Lands of Canada to the Religious Communities” :—Collated with the Original by us Intendant in the faid-Country the 25th No- vember 1702. (Signed) © BEAUHARNOIS. By My Lord, (Signed) TRECHART. The above Title of Conceffion and the Extract of the Letter have been by me, Clerk in the Office of the Sovereign Coun- cil in this Country, enregiftered in the Regifters thereof according to the Decree of this day, the faid Grant to be holden by thefaid Revd Fathers Jefuits according to its from and tenor. Done at Quebec, the 2d. day of July 1703, Signed ** Hubert,” © “by M. Dupuy.” | | (Signed) BEGON. I do hereby Certify the foregoing to be a true Copy of the Entry as on Record in the Regiftrar’s Office at Quebec, in a French Regifter Entituled “Cahier LD’ Intendant, Concession en Fiefs, &c. No. 10, a 17, folio 84 recto.” Provincial Secretary’s Office, Quebec 24th February 1824, (Signed) Ls. MONTIZAMBERT, | _ Actg. Provl. Secy. & Regr. 36 LSE APPENDIX (E.) ~The Company of New France to all perfons prefent and to come, greeting. ; . Our greateft desire having always been to eftablifh a ftrong Co- lony of native Frenchmen in New France, to the end that by their example the favage people of the faid country might be in- ftructed in the knowledge of God, and brought to lead a civilized life under the obedience of the King : We have received willing- ly thofe who have offered to affift us in this praifeworthy enter- prize, and efpecially where we have feen in them a difposition to undertake the culture of fome part of the Land granted unto our faid’ Company by the late King of Glorious Memory. For thefe caufes, being fully certain of the praiseworthy qualities of Robert Giffard, Lord of Beauport, Councillor and Ordinary Phy- fician of His Majefty, and of the experience and knowledge which he has acquired in the faid country, from his long refidence there- in, as also of his zeal for the Catholic Apoftolic Roman Religion, and of his fidelity and affection for the fervice of the King. For thefe caufes and others, us thereunto moving, we have unto him given, granted and conceded, and in virtue of the power in us vefted by the King our Sovereign Lord, we do by thefe prefents give, grant and concede the lands and places hereinafter defcribed : that is to fay, I'wo Leagues of Land in New France, to be taken at the fame place as his prefent Conceflion, and adjoining it or as near it as smay be, by ten leagues in depth, into the Lands towards the north weit. The faid Robert Giffard to hold the faid abovementioned Conceffions in full Property, Jurisdiction and Seigniory, and to hold the above mentioned things upon Fealty and Hommage, which he, his Succeflors or Affigns, fhall be bound to perform at the Fort of St. Louis of Quebec, or at the place which may here- after be defignated by the Company, which Fealty and J/ ommage they fhall be obliged to perform at each mutation of poffeffor, and ° % to pay all dues and rents, which accrue upon Fiefs of that quality, the whole according to and conformable with the cuftom of Pa- ris, which the Company means fhall be obferved every where in New France, and upon condition that the Appeals from the Judg- es who may be appointed over the places above granted, fhall be directed to the Parliament and Sovereign Court, which fhall here- after be erected in the name of the faid Company at Quebec, or elfewhere in New France. And farther, neither the said Sieur Giffard, nor his Succeflors or Affigns, nor others who emigrate to the faid Country for the purpofe of fettling and cultivating the - —_—-_ _ _e- —_—> ~~’ > OU Ln ae ee —? ry FO NPT a ase, rx . nd r i ia uk ealiaanliailaee _<— ST. above lands fhall have a right to trade in Furs with the Indians, unlefs they be acknowledged as inhabitants of that country, having in that quality a fhare in the Grant of Indian Trade, made by the faid Company to the community of inhabitants according to the agreement made with them. We enjoin Mr. De Montmagny, Governor of the King at Que- bec and for our Company, that he do put into poffeffion the faid Sieur Giffard of the lands and places above granted, and that he do affign to him the Title and limits thereof, and that of the Pro- cés Verbal which fhall be thereof made he fhall certify a copy to the Company at the firft return of the Veffels. Done and granted in the General Affembly of the Partners in the Company of New France, held at the Office the 11th April 1647. In witnefs whereof thefe Prefents have been executed, and the Seal of our Company affixed. (Signed) By the Company of New France. LAMY. By Deed pafsed before Paul Vachon, Notary,the 2d day of No- vember 1667, the Sieur Giffard and his Wife appear to have given, by Donation inter vivos, tothe Revd. Fathers Jefuits o f this City, the Lands mentioned in the above Conceflion. The Company of New France to all thofe to whom thefe Pre- fents fhall come, Greeting: It having been reprefented on the part of the Sieur Giffard, Seignior of Beauport in New France, Councillor and Ordinary Phyfician to the King, that he cannot obtain the enjoyment of the lands in the Conceffion to him made on the 16th day of April laft, of two leagues of Land by ten leagues in depth; to be taken in New France, at the fame place where he has for a long time paft been fettled, inasmuch as he is bounded on one fide by lands granted to the Revd. Fathers Jefuits, and on the other fide by lands granted to the Company of Beaupré, and that the faid Grant might not be ufelefs to him, that it might pleafe the Company to transfer and grant in fome other place not yet granted either on the north or on the fouth: For these caufes, defiring to favor the faid Sieur Giffard, we have given, accorded and granted, the fame quantity of Land as that expreffed by our faid Conceflion of the 38 16th day of April laft, to be taken at hand, and in ungranted_pla- ces, either on the north or on the fouth, as the faid lands fhall be designated by Mr De Montmagny, Governor of Quebec, to enjoy the fame the faid Sieur Giffard, upon the fame titles and conditions as exprefsed in our said Concefsion of the 16th day of April laft, which will ferve him with these Prefents as one and the fame Conceflion. Done and granted in the Affembly of the Company of New France, held at the Office the 15th May 1647. By the Company of New France. (Signed) LAMY, DUPUY, BEGON. I do hereby certify the foregoing to be a true Copy of the En- try as found on Record in the Office of Enrollment at Quebec, in a French Register, intituled “‘Cahier d’intendant N°.2a9, folio 73, verso.” Provincial Secretary’s Office. (Signed) Jxo. TAYLOR, Depy. Sec’y. & Regr. Quebec, 12th March 1819. | No. 2. Title deed of the prolongation of the Seigniory of Beauport.--M. Giffard. Jean Lauzon, ordinary Councillor of the King in his Privy Councils of State, Governor and Lieutenant General for His Majefty in New France, in the extent of the River Saint Law- rence, to all thofe to whom thefe prefent letters fhall come, gree- ting. The Company of New France having on various occafions been convinced of the zeal of the Sieur Giffard, Efquire, Sieur of Beauport, for the Settlement of the Colony of New France, the great expenfe which he has incurred for the attainment of this object, the loffes which he has on this occount fuffered even when he wastaken bythe Englifhwiththe Fleet in November 1628, the Company had attempted ‘as an acknowledgment to benefit the faid Sieur Giffard, and particularly in the Aflemblyof 16th Ja- , 39 nuary 1634, held at our Hotel in France, had granted unto him . one league in front upon the River Saint Lawrence, to begin at the mouth of the River Notre-Dame called Beauport,. with one Jeague and a half in depth, and having caufed a grant there- of to be executed, in poffeffion of which he had been put by the late Mr. Champlain, to whom the faid Grant was addrefled as Governor for the time. And the faid Tract of Land was. then meafured and bounded on one fide by the faid River Notre- Dame de Beauport, and on the other fide by the River of the Fall of Mountmorency as appears by an Acte signed, “A. Duchef- ne,” and for proof of the Seal and Signature of the late Sieur de Champlain by the Sieurs ‘‘Tardif de la Porte and A. Duchefne de la Ville’—Ervel Efpenaffe, acting Clerk, appointed by A. Che- valier de Montmagny and figned by him. ; _ And moreover by Acts of 16th April and 15th May 1647, Signed “Lamy,” and Sealed with the Seal of the faid Company, there was further granted unto the faid Sieur Giffard, two leagues in front by ten leagues in depth, either near the firft Conceffion or in any other place which fhould be defignated unto him by the Sieur de Montmagny, which it not being poffible for him to execute, he had given a portion to the Reverend Mothers Hos- pitallers, and had further required of us to extend the Concef- fion of Beauport, which is already one league and a half in depth, and to give him to the depth of four leagues into the inte- rior, and this, until meeting with fome other extent of ground convenient to him he may fill up the whole quantity granted to him. For thefe caufes inclining to the prayer of the Sieur Giffard, and until we can give him a larger extent, we in virtue of the power unto us given by the Company of New France have given, granted and conceded, and by thefe prefents do give, grant and concede unto the faid Sieur Giffard, Lord of Beauport, two Leagues and a half in depth, upon the league in front of the faid Seigniory of Beauport, bounded on one fide by the River of Notre Dame de Beauport, the faid River comprized, and on the other fide by the River of the Fall of Motmorency, to hold the fame by himfelf, his heirs and affigns, for ever in full property, Jurifdiction and Seigniory, with fuch and like rights as he heretofore pofleffed and now pofleffes; the faid Seigniory of Beauport to compofe thereof one fingle Fief and to render one fingle hommage as if by the firft conceflion there had been granted unto him four leagues indepth, whereas that Conceflion contains only one league and a half.—And inasmuch as the faid Sieur Gif- fard is in poffeflion of the faid places contiguous to what we have 3 - ‘ : : . EEE = ee a 40 now granted him by thefe prefents, more ample taking of poffes- fion not being neceflary : We do enjoin our High Steward of New France or his De- puties to caufe to be enregiftered thefe prefents where they ought to be enregiftered, to deliver unto the faid Sieur Giffard the Acte thereof, and to maintain him, his heirs and affigns, in the enjoy- ment of the faid Lands as to right appertaineth. In faith whereof we have figned thefe prefents and have caufed to be thereunto aflixed the Seal of our Arms, and Counterfigned by one of our Secretaries, at the Fort of Saint Louis of Quebeck, this 3] st day of March 1653.—Signed,” De Lauzon*.—And low- er down by my Lord « Peuvret.’—And lower is written as fol- loweth :—~ _ Collated by me the underfigned Paul Vachon, Notary Royal’ in New France, refiding at Beauport, upon the Original in parch- ment to me prefented by Jofeph Giffard, Efquire, Lord of Beau- port, and forthwith returned unto him. ‘Done the 4th May 1675. (Signed) VACHON, Not. Roy. with Paraphe. The Year 1753, the fourth day of April, the foregoing Con-: ceflion was by me; Clerk of the Senechaussée of New France, Ju- risdiction of Quebec, enregiftered at the Greffe of the faid place, at the requifition of the Lord of Beauport therein named,-wheres. of Acte was granted. . Done the day and year aforefaid. Thus figned ROLAND GODET, Greffier, with Paraphe. _ LAMY, VACHON, Notary, with Paraphe. I do hereby Certify the foregoing to be a true Copy of the Entry, as on Record in the Regiftrar’s Office at Quebec, ina French ~ Regifter, intituled, « Cahier d’Intendant Concessions en Fief, &c. No. 10 a 17, folio 675. recto.” | Provincial Secretary’s Office. - (Signed) Ls. MONTIZAMBERT, Actg. Prov. Sec’y. and Regr. Quebec, 28th February 1824. : ‘. “41 ee rE — —EEE————— — ee APPENDIX (F). No. 1. To His Excellency Ropert Prescort, Efquire, ral and Governor in Chief, in and over the P per and Lower-Canada, &c. &c. &c. Captain-Gene- rovinces of Up- May it pleafe your Excellency. In obedience to the commands which I have had the honor to receive from your Exceliency, I now refpectfully fubmit my Re- port upon the Petition prefented by the Indians of the Huron Nation fettled at the Village of Jeune Lorette, respecting their claims to the Seigneurie of Sillery and the Fief of Saint Gabriel commonly called Jeune Lorette. ; The claims of the Indians are not (upon the face of their Peti« tion) for Sillery and Saint Gabriel {pecifically, but by confultation with their Chiefs, I find that thefe are the tracts of Land to which they make pretenfions —Pretenfions which they do not fupport by any titles, and of which they produce no evidence except the tradition of their Village. Ihave taken every ftep in my power, and made repeated re- fearches in the public records of the Province, to afcertain on what this tradition was founded, both with respeét to Sillery and Saint Gabriel. Astothe former, I am enabled to ftate to your Excel- lency, that in 1651, the Jefuits, by Petition to the Company of New France, who were then the Proprietors of Canada, ftated that it was their anxious defire to collect the Indians in one {pot in order to inftruct them in the Chriftian Religion—that fome of the new Profelytes had actually fettled at Sillery near Quebec, for which reafon, they asked for the Indians a grant of Land adjoin- ing to that fpot. The Company acceded to their requeft, and by Letters Patent, dated the 18th March 1651, granted fo the Indi- ans the Seigneurie of Sillery of one league in front by four leagues in depth. ‘This grant which wasconfirmed by the King of France, by Letters Patent dated in July 1651, was by him ordered to be enregistered in the Parlément de Paris on the 11th March 1658, and was en- regiftered on the 11th of April 1658. It is, I conceive, upon this point, that the tradition of the Indi- ans refpecting Sillery is founded. It was at one time, moft cer- tainly theirs, and continued to be theirs until the year 1699. In this year Martin Bouvart, fuperior of the Jefuits, and Francis (‘= 42 Vaillant their Attorney, prefented a Petition to Monsr. De Cal- lliere and Monsr. Bochart the Governor and Intendant of Canada, in which they ftated, that the King of France had granted Sillery to the Chriftian Indians in 1651, who had however abandoned it for ten or twelve years then laft paft, and had fixed themfelves elfewhere ; that they had abandoned it, becaufe the Land was en- tirely worn out, and becaufe having cut firewood upon the {pot for upwards of 40 years, what remained, was then very far re- moved from their habitations. —For thefe reafons they (the Jefuits) prayed a grant of Sillery of which they obferved, they had ‘always deen in pofieflion as Adminiftrators of the Property of the Indi- ans. : What evidence was fubmitted to the Governor and Intendant to fupport the allegations of this Petition, does not appear, but it feems they were fatisfied they were true, for by Letters Patent of the 23d of October 1699, they granted to the Jefuits the Seigne-. urie of Sillery to hold in their own right and to their own ufe-— Ihe Patent recites as motives for the grant, the facts fet forth in . the Petition, and obferves that the Governor and Intendant were apprised of the good intentions of the Jefuits, of the great fpiritual fuccours which they had given to the Indians, and of the enormous expenses which they had incurred to fupport the different Miffions which they had eftablifhed, particularly that at Sillery.—It further adds, that after the Indians abandoned Sillery, the Jefuits had at’ their own expence purchafed for them different tracts of Land in various parts of the Country, on which they were now fettled and that without this affiftance, the Indians inevitably muft have been ~ difperfed, and have loft the benefit of the Chriftian Religion. This fecond grant of Sillery was ratified and confirmed by the French King on the 6th May 1702, and enregiftered in the Su- preme Council at Quebec on the 2d July 1703. | Under this grant the Jefuits took immediate poffeffion of Sille- ry, and as they have remained in pofleflion ever fince, I am neces sarily of opinion that their title is good again{t the pretenfions of the Indians. | silt As to the Fief of St. Gabriel, I cannot find the fmalleft. ground for the claim made by the Hurons. Ry The whole was originally granted by Letters Patent, dated the’ 16th of April 1647, to the Sieur Robert Giffard, and the part pofieffed by the Jefuits, which is that claimed by the Indians, was. by Giffard and his wife, (Marie Reuonard) given to the Jefuits by Deed of Donation, paffed before Paul Vachon, Notary, on the 2d November 1667, and it was afterwards regularly confirmed to the Jefuits by the French King’s « Letters d’amortiffement,” aa one SS aS. 6h—Cl( tC 43 The motives Which led Giffard and his wife to make the gift are, as expreffed in the Deed of Donation, friendfhip, and to re- compenfe the Jéfuits for feveral «bons et awréables services,” which they had rendered, but whether to Monsieur or to Madame Gif. Fard, does not particularly appear. I have only to add for your Excellency’s information; that the Indians are not at all mentioned in the above Deed of Donation. And as the Jefuits have fince the 2nd of November 1667, been uninterruptedly poffeffed of the Fief of Saint Gabriel, and ftill hold it by virtue of the above Deed, and of the King’s @ Lettres d’amortiffement,” I am of opinion that the claims of the Thdians are totally unfounded. All which neverthelefs is refpectfully fubmitted by Your Excellency’s most obedient and most humble fervant | , (Signed) J. SEWELL, Quebec, 3d Atigust 1797. Attorney General. A true Copy from the Original delivered to the Indians of Lorette in Council at the Cattle of St. Lewis, Quebec, 8th Au- gust 1797. By order of His Excellency General Prefcott, HERMAN WITSIUS RYLAND. _ No. 2. My CHinprenyy = | I have well confidered the Papers which you put ihto my hands in the laft Council which I held with you. It appears by thofe Papers that in the year 1651 the Company of New France upon the Petition of the Reverend Fathers Jefiits, caufed to be drawn up Letters Patent by which the Seigniory of Sillery was given, to the Indians who ufually live near to Quebec,” and that in a short time afterwards this Donation was confirmed by His Majefty the King of France. That in the year 1699, upon a-Reprefentation made by the fame Reverend Fathers Je- “fuits, it pleafed the Governor and Intendant of the Province to F (a) 44, revoke the Letters Patent above mentioned, and to caufe others to be drawn up whereby the Seigniory of Sillery was given in property to the Reverend Fathers Jefuits, and that this fecond Donation was ratified and confirmed by the King of France, the 6th of May 1702, and Enregistered in the Supreme Council of Quebec the 2d July 1703. My Children, You muft know that the King of France had a power which the King of England has not, that is to fay, that what he gave one day he could take back the next, and give it to another, and thus change the poffeflion of a Property as often as he pleafed. But the Kings of England more juft have not for many ages ex- ercifed fuch a power; they leave tothe Law alone, which is equal for all, the right of deciding upon properties, and when once a property is legally given, the King looks upon the Donation as facred and changes it never. My Children, I have entered into this explanation to shew to you the impos- fibility of granting your prefent demands. At the Caftle of Saint Louis at Quebec, this 31st March 1798. (Signed) ROBERL PRESCOTT. By Order of His Excellency, (Signed) = «* Herman Witsius Ryland” i a pe No. 3. To His Excellency Sir George Prevoft, Baronet; Prefident of the Province of Lower-Canada and Adminiftrator of the Govern- ment of the faid Province, Lieutenant General and Commander in Chief of all His Majesty’s Forces in the Provinces of. Lowet and Upper-Canada, &c. &c. &c. eta May it pleafe Your Excellency, In obedience to Your Excellency’s commands fignified in Cap- tain Coore’s letter of the 25th inftant, directing me to communi- cate with the Deputation of the Lorette Indians, and to ascertain the juitnefs of their claim to a part of the Seigniory of St. Ga- briel, as ftated in their Memorial to Your Excellency of the same date, I have now the honor to report, that immediately upon re- ‘ eee ee | eee / 45 eeipt of Your Excellency’s commands, I obtained from the faid Indians such information as they could offer upon the fubject, and have fince attentively examined the Title Deeds relating to the faid Seigniory*of St. Gabriel in the poffeffion of Mr. Pyke Secretary to the Commiffioners for Adminiftering the Eftates heretofore belonging to the late Order of the Jefuits in Canada. By thefe it appears, that the firft Grant of the Lands in ques- tion was made at Paris, on the 16th April 1647, by the then Com- pany of New France, to one Robert Giffard, Seignior of Beau- port, as containing wo leagues in front by ¢en in depth, thus des- cribed in the Original Deed of Conceffion thereof, “ c’est a savoir “ deux liewes de terres en la Nouvelle Trance, a prendre aux “ mémes endroits de sa précédente Concession” (that is, Beau- port) “et rangeant icelle, ou de proche en proche autant qu’il se “* pourra faire, sur dix lieues de profondeur dans les terres vers « fe nord ouest.” The land so conceded was granted to him, his Heirs and Affigns for ever, “d titre de Fief et Seigneurie,” fab- ject to the performance of Fealty and Hommage at the Caftle of St. Lewis upon each mutation of the faid property, and charged with the ufual fine or guint according to the cuftom of Paris. Of this Grant it would appear, that Giffard in the fame year 1647, made a Donation to the Ladies of the Hotel-Dieu at Que- bec, of ha/f a league in front by the whole depth, which Dona- tion was afterwards on the 20th of Auguft 1653, confirmed to the faid Ladies by Mr. De Lauzon the then Governor of Canada, and it is thus defcribed, “une demie lieu de front fur /a Riviere St. “« darville, lesquelles lignes. ont été tirées, Pune il y a environ ** vingt-cing ans, et l’autre il y a environ quarante.” | It is therefore apparent from the whole of the titles, that as the previous Grant of the year 1647, was to be fulfilled and satisfied in the first inftance, and as no retroceffion to the Crown has or can be fhewn difpofsefling Giffard of any part of the lands granted to him, commencing upon the River St. Charles; and as the depth between the River St. Lawrence and St. Charles, is but one league and a half inftead of four leagues, and as the Je- fuits when feeking to obtain the Grant for themfelves, in lieu of the Indians who had deferted Sillery, accept of it, as being of the depth of one league and a half only, terminating where St. Ga- briel commences, that is, at the River St. Charles ; there is no re- maining tract of one league in front by two leagues and one half in depth, to which the Indians or any other perfon can poflibly lay claim. I have not thought it necefsary to trouble Your Excellency with any remarks, upon the manifest contradictions which the pretend- ed figurative plan of Mr. Ecuyer exhibits, as I conceive the case to be fufficiently clear from the foregoing explanation of the fe- veral titles relating to the property in question, and for the same reason I forbear to enter into the enquiry, (if in point of fact, it had or could have been made out, that there is no existing tract to which the ailedged claim of the Lorette Indians would apply,) whether under the Law of Prescription their claims thereto are not now for ever barred ? All which is very respectfully submitted by Your Excellency’s most obedient and very humble fervant. (Signed) EDWARD BOWEN, Actg. Atty. Genl. Lower-Canada. Quebec, 31st October 1811. ; Quezec, 3d July 1821. Sir, In obedience to the Commands of His Excellency the Gov- ernor in Chief, fignified to us by your Letter of the 2Ist De- cember laft, we have confidered the Claims made by the Huron Indians of Lorette to certain Lands in the Neighbourhood of Quebec ; and after carefully examining a variet of Deeds and \9 | 49 Papers relative to this fubject, as well as the proofs adduced in fupport of this claim, and having alfo heard all that the Counfel for the Petitioners could urge in their favour, we have at length the honor to report to you our joint opinion for the information of His Excellency the Governor in Chief. But in our own jus- tification, we beg to remind you, that it has been at the defire of the Petitioners themfelves, that our Report has been fo long withheld. The facts which the Petitioners alledge in {upport of their claim are, in fubftance, as follows :—That in 1651 the place call- ed Sillery, confifting of one league in front by four in depth, was granted by the French Crown to the Jefuits in truft for the An- ceftors of the Petitioners; that in 1699, part of the above men- tioned conceflion, viz :—The league in front by one and a half in depth—was granted to the Jefuits in their own right, the Indians having quitted the place; that jn point of Law, the latter grant could not be considered as valid, inasmuch as the Jefuirs held already the lands as Trustees for. the Indians: but that even ad- mitting the validity of their more recent title, their still remained two leagues and a half in depth, to which the Indians would be entitled under the Grant of 1651. There are in this Ciaim as it appears to us, and in the arguments which have been adduced in fupport of it, feveral failacies, which we think we can shew to be fuch, from the various documents which it will be neceflary to notice fomewhat at length. First.—The Petitioners feem to confider the original Grant of 1651, to have been made in favour of their Anceftors (the Hu- ron Tribe) erc/usive/y ; whereas it will appear to have been made for the benefit of a// the Savage Tribes, (/es peuples errans) indiscriminately —Second/y, that grant is aflumed to be unquali- fied and unconditional ; whereas it is obvious that it was only made for the purpofe of keeping the Indians together, within the limits thereby prescribed, and under the care and guidance, both temporal and {piritual, of the Jefuits ; and that therefore as foon as that object was defeated, which was about forty years after- wards, the grant became null and void. fete In fupport of our opinion upon thefe two points it feems only neceflary to refer to the terms of the Grant of 1651, and of the Confirmation thereof in 1658, ' oan « La Compagnie de la Nouvelle France, défirant voir affem- «¢ bler les peuples errans en certains endroits, afin qu’i!s foient ins- « truits dans la Foi et la Religion Chrétienne, et ayant reconnu « que quelques-uns entre eux auroient choifi depuis que) ques an- OF eee Rites metre. eer REE AD >< on TRE tect Aailegnie mi ars amnmandanent detain cceiapeadigrn sce Arte ver ~ te, ¢ + 2 i ee ee eee ee ee ee ee eee Tod NR Os temp cl etree we Aan ots tm thay F ee ce 50 ‘¢ nées un lieu nommé Sylleri; confidéraht en oitre que lés & Péres Jéfuites, reconnoiflant que les lieux étoient agréables aux Sauvages, leur avoient fait batir une Eglife, &c:—Voulant «« favorifer un si grand ouvrage de retenir ces bonnes Neophites *¢ proche de leur Eglife; nous leur donnons l’étendue d’une lieve < de terre, depuis le Cap qui termine l’ance de St. Jofeph, en “* montant fur le Grand Fleuve, fur quatre lieues de profondeur ; «© le tout fous la conduite et direction des Péres Jcfuites qui les «6 ont convertis, &c. et dé leurs Succeffeurs.” This Grant was confirmed by the King of France, in con- fideration « gu’il eft trés-raifonnable qu’ils (the Indians in general) «<< aient et qu’ils retiennent dans leur pays l’étendue de terre qui «“ Jeur feroit néceffaire pour vivre en commun, et meneér une vie « {édentaire auprés des Francois ;”’—-And on the express condi- tions, “que lesdits Sauvages foient toujours fous la conduite, « direction et protection des Peres Jéfuites, fans l’avis et con- s¢ fentement desquels ils ne pourront remettre, concéder, vendre «© ni aliener lesdites terres, &c.; et auxquels nous accordons la «« direction des affaires desdits Sauvages, fans néanmoins qu’ils « foient tenus d’en rendre compte qu’a Jeurs Supérieurs.”-—From thefe two documents it is manifeft, that the fole object of the grant was the Settling of Chriftian Indians in general in one f{pot, and under the fame fuperintendance ; and that confequently, the mo- ment that object was defeated, either by the Indians nox fettling in the firft inflanee, or by the fubfequent abandonment of the Eftablifhment, the truft was at an end. Tt appears that the Indians remained at Sillery about 40 years’; after which, the land being exhaufted and stripped of firewood to a confiderable diftance round the Settlement, they abandoned it, and at length retired to the fpot which they now occupy at La Jeune Lorette. About 8 or 10 years after the abandonment, viz, in 1699, the Jefuits applied fora grant of the Seigniory for themfelves in their own right, stating fully in their Petition the facts of the cafe as above fet forth, and urging moreover, the ‘great exertions which they had made, and. the expenfe which they had incurred in their endeavours to convert and. unite the Indian Tribes. One expreflion made ufe of by them is very ‘remarkable, to shew that the Huron Indians have no exclufive claim to this property more than the other Indian Tribes; ¢ mais “‘ en particulier la dépenfe que les fuppliants ont fait, pour fou- -« tenir la miffion des Algonguins et des Abenaquis, fur la Seis 4s gneurie de Sylleri, qui a eté donnée a ces Sauvages, &c.” ‘In confequence of this Petition, Letters Patent were iffued on Sl, the 23d October 1699, granting the Seigniory of Sillery to the Jefuits in their own right, and {tating as reafons, among others, - for that grant, that the Government was fully acquainted with the good intentions of the Jefuits, of the great afliftance both {piritual and temporal which they had given to the Indians, and of the great care which they had taken, and the vatt expenfe which they had incurred, particularly with thofe eftablifhed at Sillery, for whom, after that place was abandoned, they had purchafed at their own expenfe other lands in different parts, without which the Indians would have been dispersed. It is now attempted to impugn this grant. First, as being inconfiftent and incompatible with the character in which the Jefuits stood as Truge tees and Agents for the Indians. Secondly, as having been ob- tained on a falfe fuggeftion of the purchafe of other lands for the Indians by the Jefuits ; and lastly, as conveying that which the French Crown had no right to. grant atall, it being already vefted in the Indians. If it be true, as we have fubmitted, that the abandonment was a forfeiture of the grant of 1651, as being a breach of the condition, the truft repofed in the Jefuits was at an end, and could therefore form no obftacle to their receiving the property in their own right ; and this is also an answer to the third ground of objection, Nor is it to be prefumed that the fuggeftion of the purchafe of other lands by the Jefuits was falfe. No particular lands are fpecified as having been purchafed, any more than the particular tribes for whom the purchafes were made ; but it muft be prefumed that the Government was con- vinced of the fact, or it would not have been affigned as a reafon for the grant to the Jefuits. Befides, the length of time, being upwards of a century, during which the Jefuits enjoyed the un- disturbed and undisputed poffefsion of the property, would of itfelf be an answer to any objections which could be made to the grant, or to the motives which induced the French Crown to ke it. » ‘ibe ie. eee eta | wn lastly, it is contended on behalf of the Petitioners that, even ad« mitting the validity of the grant to the Jesuits, yet as that grant-is limi- ted to one league and a half in depth, there still remains two leagues and a half, of the equitable claim to which the Indians have never been di- vested, and out of the proceeds of which it is alleged that an annual al- lowance has beew made to the Huron Indians. It would be sufficient, we apprehend, in answer to this argument, to observe that the abandon- ment of the Settlement operated as a forfeiture of the whole Property conceded in 1651. , But it will be seen that the grant proceeded on @ mis. take in point of measurement ; and that. the depth of Sillery could not in G - eee en Peg See Mat on Wa SF ~~ e brat bneinegehgtveteeree> abe oes ow . rte Leda enemies ponenc stene etivediaaie ss A egg : TLE ior Shee aR I 1 RNa ————— Oe “— — sy + 62 fact exceed. one league and a half or thereabouts, being then met and bounded by the Seigniory of St. Gabriel. In order to. understand this part of the subject, it is necessary to make some enquiry with respect to this latter Seigniory. In 1647, one Robert Giffard, then being posses- sed of the Seigniory of Beauport, obtained from the Compagnie de la Nouvelle France, a grant of two leagues in front by ten in depth, tobe taken adjoining, or as neatly as possible, to his Seigniory of Beauport. Giffard however finding that this grant could not be carried into effect, ‘inasmuch as the Seigniory of Beauport, was bounded on the one side by the Céte de Beaupré, and on the other side by the Seigniory of Notre Dame des Anges, made a representation thereof to the Company ; and thereupon, in May 1647, obtained a grant of land of the same ex- tent wherever he could find it vacant ; and he accordingly chose it between the Fief St. Joseph and the Seigniory of Guadarville. Of this land, Giffard conveyed halfa league in front by the whole depth tothe Nuns of the Hétel- Dieu, under the name of the Fief St. Ignace, and in No- vember 1677, he conveyed the remaining league and a half in front by the whole depth to the Jesuits by the name of the Seigniory of St. Gabriel. It afterwards however appeared that St. Gabriel consisted of only one league in front, that being the whole depth between Guard- arville to the West and St. Ignace to the East. The lateral lines of Sil- lery were never drawn, but it is obvious, from the documents we have al- ready noticed and from others which we have considered, that they would form right lines, or nearly so, with those of St. Gabriel, inas- much as each of those Seigniories consists of one league in front and each is bounded to the West by that of Guadarville. | The only remaining question therefore is, where the line is to be drawn forming the extreme depth or northern boundary of Sillery, and the front or southern boundary of St. Gabriel ; It does not appear that this line has ever been drawn ; but by an aveu et dénombrement of St. Gabriel, rendered by the Jesuits in 1677, that Seigniory is stated as taking its front on the River St. Charles; and in an avew of Sille- ry rendered by them in 1678 as administrators for the Indians the latter Seigniory is represented to be, “ une lieue et demie ou environ de pro- « fondeur, quoiqu’il soit dit par le titre de concession que la dite Seig- «‘ neurie aura quatre lieues de profondeur, attendu que la Seigneurie de s St. Gabriel, de laquelle le titre est primitif, la coupe au droit de la Ri- ss yiére St. Charles.” The same thing is stated by the Jesuits in their petition of 1699, for the grant of Sillery ta themselves, Moreover se- veral boundary lines have since been drawn by the Jesuits, as owners as wellof St. Gabriel as of Sillery, with the adjoining Seigneurs ; in par- ticular one in 1724, between Fief St. Ignace and St. Gabriel ; and one in 1733 between Fief St. Michel (belonging to the Seminary and Sil. lery. ona searching the book in possession of the Commissioners for mana- ging the Jesuits’ Estates, nothing appears to shew that any allowance has ever been made to the Indians for the land of which it is alledged they have been deprived since their residence at La Jeune Lorette ; they have received various other tracts of laud from the Jesuits, all of which are comprised within that part of St. Gabnel, which it is. now contended is a demembrement of Sillery :—But we do not find that these were ever claimed as a matter of right on the part of the Indians or conceded to them as such. _ We have now only to conclude our report, which has necessarily run into considerable length, by stating as our humble opinion, that there is no ground for the claims which have been submitted for our considera- tion. We have the honor to be Sir, Your most obedient Servants. CHARLES MARSHALL, Sol. Genl. (Signed) G. VANFELSON, Advt. Genl. APPENDIX (G.) No. 1. Wepnespay, 25th February 1824. Jofeph Bouchette, Esqr. Surveyor General of Lower-Canada, appeared and was examined. | Q. Were you at any time, and when, requefted by the Huron Indians refiding at the Village of Lorette, near Quebec, to lay before His Majefty’s Government in England, their Claims to cer- tain Lands in the Neighbourhood of Quebec, and what did you do thereupon ? A. I was requefted to do fo previous to my departure for En- gland in 18143; when in London, I addrefled a Letter on the fubject of their Claims to Earl Bathurst, to which I received an answer referring the confideration of the Subject to the Colonial Government. | Q. Did you communicate to the said Indians upon your return the proceedings had in this matter ?¢ | A. I did, and put the Papers into their hands. Q. Arethe Papers now fhewn to you numbered | and 2, thofe alluded to by you? A. Yes. Q. Would you furnifh the Committee with a figurative sketch an) 54 of the Seigniory of Sillery as of four leagnes in depth, and fhew- ing the relative pofitions of the Seigniories of Beauport, St. Ignace, St. Gabriel, and of the Seigniory heretofore granted to r. Couillard ? A. I will endeavour to do so in the courfe of to day. Tuorspay, 26th February 1824. | Joseph Bouchette, Efquire, produced to the Committee the annexed Sketch in comformity to the request exprefied by the Committee. | No. 2. LONDON, ‘15th May 1816. Sir.—Having been requefted by the Chiefs of the domiciliated Tribe of Hurons inhabiting the Village of Jeune Lorette rear Quebec, to lay before His Majefty’s Secretary of State for Co- lonial Affairs their claims to a certain extent of Land allotted to them by the ancient French Government ; I fhould not be doing my duty were I to omit this opportunity of complying with their wifhes. | -It appears by the annexed document that they have a legal. ti- tle to 2} leagues in depth of the Seigniory of St. Gabriel, grant- ed tothem by the King of France in 165), but of which for years past they have only occupied the Lands adjacent to the Village of Lorette ; by this curtailment they experience great difficulties, as their pofleflions are not now adequate to maintain the encreafed population of their Tribe. I am not certain but what they may have been dispoffeffed of the remainder of their Grant owing to their omission of fome technical forms for fome years back, and therefore can only fecond their defires as far as they go in praying. that an inveftigation of their claims may take place before the proper Officers of the Provincial Govern- ment, and which is now fubmitted to the confideration of my Lord Bathurst, in his wisdom either to sanction or reject. Should fuch an inveftigation be ordered by His Lordthip, and in the event of its being decided that they have juftly forfeited or been diffeized of their poffeflions, it may be fubmitted as a queftion, whether it be not politic to grant them an eguivalent out of fome | of the Crown Lands, otherwife they will be reduced to great 55 hardfhips in providing for and eftablifhing the rifing generation. of their ‘Tribe. [ have the honor to be respectfully Sir, Your moft obedt. humble Servet. JOs, BOUCHETTE. HENRY GOULBURN, Esar. Under Secretary of State, &c. &c. &e. No. 3. DOWNING STREET, 21st. May 1816. Sir, I have laid before Earl Bathurs: your letter of the 9th inftant, transmitting various documents in fupport of the claims of the do- miciliated Tribe of Hurons to a tract of Land in the Seigniory of St. Gabriel, formerly granted to them by the King of France ; and I am directed to acquaint you in reply that they ought to be fubmitted in the first instance to the Governor of the Province, and in the event of his not feeling authorized to decide on the question contained in them, his Lordfhip will give fuch inftruc- tions thereupon as the cafe may appear to require. F I am, Sir Your moft obedt. Servant, HENRY GOULBURN. J. BOUCHETTE, Efar. - « — i snshinee-siibewiethnedt eee a ie ee -~- ~ OOD Adm me-cwtae ee Saibhataenateeeiel Cl als id ae ——T . APE ais —s Ss . L nit bi vérg it gift oe ditt US 7 ae § ° . 4 ’ ~* Et? 5 —~ wehs wv OCHSY & ve 5 4 ” - bad - a - Ve > , a « ’ - * t f : ~ “ + as J ee he oo ak ee . Sivtiecs wes A ; Liat’ pao . > “A tine al : 4 , ne Mop eae te ¢ “+4 7 of ie ‘ bd . =f , > -_ t 4 —— & iz 5 ae ty ¥. - ff. ¥é Cit). y EES Fe : | and ree 4e Z : “ . ‘ ; ieee: <2 : as i. sg FiRids: ads Ig seasbsnoy seuss [428 in Z 5 as £ “ ad sd tt ~ a “sri 3x - : ¥en | ag 48s, ted: brat Supe I oe ae , ~! ~al 4 « + i te # Sp ie ee fat J a ‘a O% 381 io 2m setae 3 weg bt einsmuseh enor iat Dn r, ~ . 4 -~ ; 7 02 dsindsi Bs Ere Hil ree 4 FD SIGE oc sit ik $0. “3 p> ee aoe (ee 5 10-78 Se ah) We eres: 2 bose 8 f sari9- ries sg Bo rt IGE OD IS¥E ox) odf «- soue sii $erif ~ 42 : 2, po. 2.