Treaty Number 1
   HOME

TheInfoList



OR:

''Treaty 1'' (also known as the "Stone Fort Treaty") is an agreement established on August 3, 1871, between
the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
and the
Anishinaabe The Anishinaabe (alternatively spelled Anishinabe, Anicinape, Nishnaabe, Neshnabé, Anishinaabeg, Anishinabek, Aanishnaabe) are a group of culturally related Indigenous peoples of the Americas, Indigenous peoples in the Great Lakes region of C ...
and
Swampy Cree The Swampy Cree people, also known by their Exonym and endonym, autonyms ''Néhinaw'', ''Maskiki Wi Iniwak'', ''Mushkekowuk,'' ''Maškékowak, Maskegon'' or ''Maskekon'' (and therefore also ''Muskegon'' and ''Muskegoes'') or by exonyms includin ...
, Canadian based
First Nations First nations are indigenous settlers or bands. First Nations, first nations, or first peoples may also refer to: Indigenous groups *List of Indigenous peoples *First Nations in Canada, Indigenous peoples of Canada who are neither Inuit nor Mé ...
. The first of a series of treaties called the
Numbered Treaties The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous Peoples in Canada, and the reigning monarch of Canada ( Victoria, Edward VII or George ...
that occurred between 1871 and 1921, this accord has been held to be essentially about peace and friendship. However, the eight days of treaty-making ended with the
Indigenous groups There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territ ...
agreeing to "cede, release, surrender and yield up to Her Majesty the Queen and successors forever all the lands" in southern
Manitoba Manitoba is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population ...
to the Crown, in exchange for an annual annuity and material goods such as clothing and agricultural supplies. Indigenous treaty delegates and other leaders did not intend any cession, release, or surrender of the land in question. Within a year of the agreement, however, the indigenous communities approached the
Canadian government The Government of Canada (), formally His Majesty's Government (), is the body responsible for the federal administration of Canada. The term ''Government of Canada'' refers specifically to the executive, which includes ministers of the Crown ( ...
declaring that a number of the items promised, which would become known as the "Outside Promises", within the treaty had not been handed over to them yet, although subjects of the Crown continued to settle the land-based upon the agreed-upon Treaty. On April 30, 1875, a council of the federal government passed an order stating that it must be ensured that all of the Outside Promises were to be fulfilled and considered a part of the main agreements within ''Treaty 1''. However, due to the different intentions and understandings of the Canadian officials and the indigenous communities at the time of its creation, this treaty continues to be considered controversial well into the 21st century.


History

Also known as the Stone Fort Treaty, ''Treaty 1'' would be the first treaty signed since the 1867 formation of the modern Canadian government and one year after the province of
Manitoba Manitoba is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population ...
was formed as a part of the
Canadian Confederation Canadian Confederation () was the process by which three British North American provinces—the Province of Canada, Nova Scotia, and New Brunswick—were united into one federation, called the Name of Canada#Adoption of Dominion, Dominion of Ca ...
.


Goals

The treaty was established between Canadian officials and the local indigenous communities as both groups desired the security of land and resources. The Anishinaabe and Swampy Cree Nations sought to maintain their traditional lands while gaining security in transitioning to a new form of life with the incoming arrival of settlers. In its process of annexing
the West West is a cardinal direction or compass point. West or The West may also refer to: Geography and locations Global context * The Western world * Western culture and Western civilization in general * The Western Bloc, countries allied with NAT ...
, the Canadian government sought to assimilate the indigenous peoples in their movement to settle prior areas of trade. Through the
Numbered Treaties The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous Peoples in Canada, and the reigning monarch of Canada ( Victoria, Edward VII or George ...
, Canadian officials sought a more diplomatic and the least resistant form of annexing land in the West after hearing about the many violent conflicts that erupted in the United States between American officials and indigenous peoples. In addition,
Adams George Archibald Sir Adams George Archibald (May 3, 1814 – December 14, 1892) was a Canadian lawyer and politician, and a Father of Confederation. He was based in Nova Scotia for most of his career, though he also served as first Lieutenant Governor of Man ...
, the first
Lieutenant Governor of Manitoba The lieutenant governor of Manitoba (, (if male) or (if female) ) is the representative in Manitoba of the monarch, who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada. The lieuten ...
, wanted to establish a treaty that would secure the government with land around
Lake Winnipeg Lake Winnipeg () is a very large, relatively shallow lake in North America, in the Canadian province of Manitoba. Its southern end is about north of the city of Winnipeg. Lake Winnipeg is Canada's sixth-largest freshwater lake and the third- ...
and the western side of the
Red River Valley The Red River Valley is a region in central North America that is drained by the Red River of the North; it is part of both Canada and the United States. Forming the border between Minnesota and North Dakota when these territories were admitted ...
in order to build up agriculture and extract resources. For officials such as Archibald, the annexation of Western Canada was more evolved around developing agriculture and settlements rather than establishing trade, which had defined the economic landscape of the region for the past century.


Negotiations

The negotiations of ''Treaty 1'' spanned over a period of eight days from July 27 to August 3, 1871. Led by governor Archibald and his commissioner Wemyss Simpson, the Canadian government invited the indigenous communities to attend negotiations for a treaty at
Lower Fort Garry Lower Fort Garry was built in 1830 by the Hudson's Bay Company on the western bank of the Red River, north of the original Fort Garry (now in Winnipeg, Manitoba, Canada). Treaty 1 was signed there. A devastating flood destroyed Fort Garry ...
(or Stone Fort). Approximately one thousand indigenous individuals attended including adults and children of all genders, who were led by a number of chiefs that included Mis-koo-kenew or Red Eagle (also known as Henry Prince). In his opening comments that would later cause lasting confusion, Archibald referenced
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in January 1901. Her reign of 63 year ...
as the "Great Mother howanted to deal fairly" with the indigenous peoples, supporting their needs, and hoping they would adopt agricultural practises. The governor then went on to lay out both his and the Canadian government's terms of negotiations, including the introduction to the idea of reserves. He assured that indigenous ways of life would be sustained as they would not be forced to adopt agriculture and could choose to live on reserves if they so wished. And in addition, they could continue to use their traditional land as they did in the past for hunting, fishing, and other means of sustaining their lifestyle After listening to Archibald's speech, the indigenous leaders returned several days later with their list of demands for the treaty that included guaranteeing large areas of land for each individual or family. Archibald and the other Canadian officials, however, believed this demand to be too high, so they negotiated the land rights down to approximately "160 acres of land for a family of five"; which was similar to the land rights outlined in the ''
Dominion Lands Act The ''Dominion Lands Act'' () was an 1872 Canadian law that aimed to encourage the settlement of the Canadian Prairies and to help prevent the area being claimed by the United States. The Act was closely based on the U.S. '' Homestead Act of 186 ...
'' for British settlers. After much debating, the two sides came to an agreement and the treaty was signed August 3.


Articles and memorandum of ''Treaty 1''

The final articles of ''Treaty 1'' were outlined as follows: the indigenous peoples were to hand over a large portion of land in the southeast and south-central current-day Manitoba to Governor Archibald and the Crown. These lands were to include areas around
Lake Manitoba Lake Manitoba () is the 14th largest lake in Canada and the 33rd largest lake in the world with a total area of . It is located within the Canadian province of Manitoba about northwest of the province's capital, Winnipeg, at . History The la ...
and
Winnipeg Winnipeg () is the capital and largest city of the Provinces and territories of Canada, Canadian province of Manitoba. It is centred on the confluence of the Red River of the North, Red and Assiniboine River, Assiniboine rivers. , Winnipeg h ...
as well as around the
Red River Valley The Red River Valley is a region in central North America that is drained by the Red River of the North; it is part of both Canada and the United States. Forming the border between Minnesota and North Dakota when these territories were admitted ...
. In return, the Canadian government were to provide each band with a reserve large enough to accommodate each family of five with of land (or a larger or smaller amount based on the size of the family). In addition, each member of these bands were to be given a gratuity of three dollars in accordance with a yearly sum of fifteen dollars based on a family of five. This annual payment could be provided in cash or items such as clothing, blankets, or hunting supplies based upon the desires of the family. The government also could provide and maintain a school on each reserve if one was desired. And the Crown would prohibit the introduction and sale of alcohol on reserves.


The Outside Promises

Within a year of the signing of ''Treaty 1'', word reached Governor Archibald that the
Swampy Cree The Swampy Cree people, also known by their Exonym and endonym, autonyms ''Néhinaw'', ''Maskiki Wi Iniwak'', ''Mushkekowuk,'' ''Maškékowak, Maskegon'' or ''Maskekon'' (and therefore also ''Muskegon'' and ''Muskegoes'') or by exonyms includin ...
and
Anishinaabe The Anishinaabe (alternatively spelled Anishinabe, Anicinape, Nishnaabe, Neshnabé, Anishinaabeg, Anishinabek, Aanishnaabe) are a group of culturally related Indigenous peoples of the Americas, Indigenous peoples in the Great Lakes region of C ...
peoples were declaring that some of the treaty terms were not being fulfilled. Known as the "Outside Promises", numerous items the indigenous peoples were promised beyond the written text of the treaty had not been provided to them yet. These items included distinguished clothing for Chiefs and their councilors, farming supplies such as ploughs, and animals like oxen and cows for their agricultural needs. While a new commissioner was appointed to deal with the needs of the indigenous peoples in the area and the issue was brought to court, the federal government did not resolve the "Outside Promises" until April 30, 1875, four years later. It was then the council passed an order that stated that the memorandum of items orally promised to the bands were to be considered a part of Treaty 1 and therefore had to be carried out by the commissioner. Additionally, the annuity of three dollars to each band member was to be raised to five dollars a year. Finally, the order stated that each Chief was to be provided with additional payments of twenty dollars annually as well as be given extra items of clothing in addition to those stated in the memorandum.


Significance of ''Treaty 1''

The signing of ''Treaty 1'' marked the beginning of a long list of treaties that were to come over the next couple of decades, signifying the Canadian government's growing interest in the West as more than just a trading hub but as a suitable place for developing agriculture and growing populations of settlers; as well as a peaceful means to annex land. For Governor Adams Archibald the treaty would enable him to develop businesses such as mills and farms on the fertile land around Lakes Winnipeg and Manitoba and in the Red River Valley. For the Anishinaabe and Swampy Cree Nations, ''Treaty 1'' held a much larger significance. They believed it was a way for them to survive and adjust into a new way of living with the drastic changes that were coming to their land and that were already beginning to take shape. Their leaders believed a treaty with the Crown would help give them security when the large groups of settlers would make their way into the land. In addition, the indigenous peoples believed that the treaty would also help elevate the threat of the serious decline of buffalo populations, which threatened their way of life. Ultimately, in signing the treaty the indigenous leaders hoped to gain a connection with the "Great White Queen Mother" that would ensure security and benefits for their people.


Controversy

''Treaty 1'' is considered controversial due to the differing understandings of the treaty and what agreements were entailed within it.


Final contract or covenantal relationships

The Canadian government and its negotiators viewed the treaty as a mere contract in which the Anishinaabe peoples surrendered land over to them in exchange for compensation. In addition, they viewed the signing of the treaty as "finalizing" or the end of negotiations and relations with the indigenous peoples in this area. For the Anishinaabe, however, the treaty held a much greater significance as they regarded it as a "Creator-sanctioned covenant" that would guarantee the continuation of their livelihood. Unlike the Canadian government, the Anishinaabe also saw the agreement as the beginning of a continuing relationship with the government in which both groups would provide benefits and maintain coexistence with each other.


Property rights under differing legal frameworks

Much of the confusion, disagreements, and misinterpretations of the treaty revolved around the different understandings of the parameters of the agreement. Mainly this involved the two groups’ different viewpoints on the use of land and property ownership. In the negotiations, the government officials put forward two Anglo concepts of land ownership which were: the Anishinaabe surrender of land to the government and the setting aside of land or reserves for the indigenous peoples. The Anishinaabe viewed these proposals through their systems of ''inaakonigewin'' (law), in which they believed land to be not an exclusive and exclusionary possession of one person or party but a shared entity, such as other fundamental Earthly prerequisites of life including unpolluted air and water. Based on the available evidence from the negotiations, it seems that, despite disagreements in the amounts of land to be provided within the tenets of the treaty, the Anishinaabe agreed to the terms of land division as they understood it as a treaty of non-interference and equality between themselves and incoming settlers; in which they shared land desired for agriculture while also being able to utilize land for their traditional activities. Essentially, the Anishinaabe did not view the agreements about giving the land to the government as the exclusionary surrender of their title to land, but the sharing of land and its resources. The controversial and problematic nature of these land agreements result from British government officials not identifying or clarifying their historically distinctive concept of the land as alienable, exclusionary property, and therefore that the Anishinaabe giving over of land is in commercially biased
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
a total surrender of it, excluding Indigenous people (among other living stakeholders) from its use, enjoyment, and management. Not only did the imperial
British Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
act discreetly, the radical, bellicose senses of surrender and property it forwarded in the seemingly-diplomatic making of treaties. In addition, the land agreements within the treaty are controversial, as it was never recorded that the Anishinaabe agreed to surrender their land to the ''Canadian'' government that the British Crown later was party to creating.


Kinship and the Great Mother

''Treaty 1'' also remains controversial due to the differing understandings of kinship, the role of the "Great Mother" and her promises. As with Governor Archibald's opening statement on the "Great Mother", government officials utilized this term throughout the negotiations of the treaty simply as a way to connect with the Anishinaabe kinship language, which helped enable them to enter into these agreements. For the Anishinaabe, the term held a much deeper significance as, based on their kinship relations and duties, the "Great Mother" or Queen acted as a symbolic figure who would treat their peoples with kindness, respect, and as equals, listening and aiding them with their needs. It was through this figure that the Anishinaabe understood the treaty as one of mutual respect, shared resources, and support in their needs with the Canadian government. However, due to the events of the memorandum of 1875 and the additional unfulfilled promises to the Anishinaabe beyond the written treaty, the Canadian government did not find significance in the promises of the "Great Mother".


List of Treaty 1 First Nations

*
Brokenhead Ojibway Nation Brokenhead Ojibway Nation (BON, , meaning ''at the brokenhead River'') is an Anishinaabe (Saulteaux/Ojibwa) First Nation located approximately northeast of Winnipeg, Manitoba. The main reserve of Brokenhead 4 is surrounded by the Rural Munic ...
* Fort Alexander (
Sagkeeng First Nation The Sagkeeng First Nation (also known as Sagkeeng Anicinabe) is a Treaty-1 First Nation in the Eastman Region of Manitoba, Canada, that is composed of the Anishinaabe people indigenous to the area at or near the Fort Alexander Indian Reserve #3 ...
) *
Long Plain First Nation The Long Plain First Nation () is an Ojibway and Dakota First Nations band government in Manitoba, Canada. (It also hosts a small number of Cree people as well.) Situated on a land base of primarily located in the Central Plains Region of Manit ...
*
Peguis First Nation Peguis First Nation (formerly St. Peter's Band, meaning ''new reserve'') is the largest First Nations community in Manitoba, Canada, with a population of approximately 11,438 people (3,607 on reserve and 7,831 off reserve). The members of Peguis ...
* Roseau River Anishinaabe First Nation *
Sandy Bay First Nation Sandy Bay Ojibway First Nation (Ojibwe: ''Gaa-wiikwedaawangaag'') is an Ojibwa First Nation in Manitoba, Canada. As of the 2016 Canadian Census, it had a population of 2,515; while the First Nation's website reported a membership of 6,905 individ ...
*
Swan Lake First Nation The Swan Lake First Nation (, meaning ''The lake that is curved'') is an Ojibway Annishinabe Band Government located in the Lorne Municipality (Manitoba) Swan Lake First Nation and the Pembina Valley Region of Manitoba, Canada. Its main reserv ...


See also

* ''
Treaty 2 Treaty 2 was entered in to on 21 August 1872 at Manitoba House, Rupertsland, with representatives of the Queen of Great Britain and Ireland. The original Anishinaabe (Chippewa and Cree), who were present, constitute Treaty 2 today. It is known ...
'' * ''
Treaty 3 ''Treaty 3'' was an agreement entered into on October 3, 1873, by Chief Mikiseesis (Little Eagle) on behalf of the Ojibwe First Nations and Queen Victoria. The treaty involved a vast tract of Ojibwe territory, including large parts of what i ...
''


References


External links


Treaty 1
including text
Manitoba Numbered Treaties Map on Internet ArchiveTreaty Texts - Treaties No. 1 and No. 2
from the Government of Canada {{DEFAULTSORT:Treaty 01 1871 in Manitoba 1 Numbered Treaties Swampy Cree