SETANEOI Vol. II No. 26 Feb, 1923 Migmaci (words obscured by tape on page) The MicMac Messenger- A monthly Newspaper for the Indians. Yearly subscription 50c, one copy 5c. Address all communications to the Micmac Messenger, Restigouche, Bonaventure Co. P.Q. Sample Copies free. Subscriptions solicited in favor of poor families. An Old Treaty. Whether the members of the Mic Mac Tribe are privileged to hunt and fish out of season is a question that was put up last fall to the premier of Nova Scotia for a decision by a young Indian living in the eastern part of Antigonish County. The Tribe has always maintained that under the terms of a Treaty entered into by the Micmacs and the Governor in Council in 1752, the Indians were not to be inrterfered with in hunting and fishing wherever the need arose. The young man above mentioned was found spearing salmon by the Fishery Inspector. He claimed that he was not subject to regulations that the whites are forced to observe, and to find out just where the authorities stand on the matter, he had a copy of the treaty sent to the premier with the request that legislation be introduced in the House at the next ession confirming the agreement made between His Excellency Peregrine Thos. Hopson and his council and Major Jean Baptiste Cope, the Micmac Chief, on Sept. 16, 1752. The item on which the Indians base their claim reads: “We shall not suffer that you be hindered from Hunting and fishing in this country, as you have been used to.” The answer of Premier Murray was that he was authorized to carry on as provided in the Treaty. In April 1821 a similar decision was given in Montreal by Judge Cusson in favour of an Iroquois, John Simons. It said that the Indians have a right to hunt and fish at any time for their living. (See the Casket, Nov. 22, 1822, Le Devoir April 20, 1921). Here is the text referred to, as published in the N.S. Archives 1 p. 671 and 682. The arrangement is somewhat different from the copy distributed among the Micmacs, but the terms are the same. ---------- Council minutes, Halifax. At a Council holden at the Governor’s house on Thursday Sept. 14, 1752. PRESENT: His Excellency the Governor. The Honble: Cha. Lawrence, Benj. Greene, John Salusbury, Wm. Steele, Jno. Collier, Geo. Fotheringham His Excellency the late Govr, being also present. His Excellency the Governour acquainted the Council that one of the Mickmack Indians, who called himself one of their Chiefs, was come in, with proposals of renewing a peace &c., who was sent for before the Council, and being told he was welcome was desired to sit, Then the Governour desired he would acquaint the Council what proposals he had to make, who replyed that he was come in upon the encouragement given him a letter from Govr. Cornwallis, and that his proposals were – that the Indians should be paid for the land the English had settled upon in this country. He was asked if he was one of the Chiefs, who replyd, that he was Chief of that part of the Nation that lived [pg.2] in these parts of the province and had about forty men under him. He was then asked why no more of them came in with him? Who replyd that they had empowered him to treat in behalf of them all. He was also asked, how he proposed to bring the other tribes of the Mickmack nation to a conference here who replyd that he would return to his own people and inform them what he had done here, and then would go to the other chiefs and propose to them to renew the peace, and that he thought he should be able to perform it in a month and would bring some of them with him if he could, and if not would bring their answer. Then His Excellency informed him that he should have an answer tomorrow, and ordered proper refreshments for him. P.T. HOPSON. At a council Sept. 15, 1752, the above named being present. The answer prepared for the Indian Chief was read to him, and being approved by him as satisfactory, it was ordered that the same should be fairly drawn on parchment, in French and English, in order to be ratified and exchanged on the morrow. P.T. HOPSON. At a Council holden at the Governour’s House on Saturday, Sept. 16, 1752, present: His Excellency the Governour, the Honble: Cha. Lawrence, Benj. Greene, John Salusbury, Wm. Steele, Jno. Collier, Geo. Fotheringham His Excellency the late Govr, being also present. The following answer to the proposal of the Indian Chief was interchangeably signed and seald, after which he took his leave, and embarked on board the same vessel that brought him, and sailed the same day. The answer His Excellency Peregrine Thos. Hopson, Esq., Capt. General and Governour in Chief in and over His Majesty’s Province of Nova Scotia or Accadie [sic], Vice Admiral of the same, and Col. of one of His Majesty’s Regiment of Foot, etc., and his Majesty’s Council, for the sd. Province. To the proposals of peace and friendship made by Jean Baptiste Cope Major, for himself and his tribe and his offers and engagements to endeaver to bring here the other Mickmack Tribes to renew the peace. Friend:---- It is with pleasure that We see thee here to commune with us touching the burying of the hatchet between the British children of his puissant Majesty King George and his children the Micmacks [sic] of this country. We do assure you that he has declared unto us, that you are his children, and that you have acknowledged him for your great Chief and Father. He has ordered us to treat you as dear Brethern [sic], and We did not commence any new dispute with you upon our arrival here – but what is passed shall be buried in Oblivion, and for the time to come we shall be pleased and charmed to live together as friends. We will not suffer that you be hindred [sic] from Hunting, or Fishing in this country, as you have been used to, and if you shall think fit to settle your wives and children upon the River Shubenacadie no person shall hinder it, nor shall meddle with the lands where you are, and the Governor shall put up a truck house of merchandise there, where you may have everything you stand in need of at a reasonable price, and where you shall be given unto you the full value for the peltries, Feathers, or other things which you shall have to sell. We approve of your engagement to go and inform you people of this our answer and then the other Tribes, with the promise of your endeavours to bring them ^to a renewal of ye peace. When you return here (as a mark of our goodwill) we will give you handsome presents of such Things whereof you most need; and each one of us will put our names to the Agreement that shall be made between us. And we hope to brighten the chain in our hearts and to confirm our Friendship every year; and for this purpose we shall expect to see here some of your Chiefs to receive annual presents [pg.3] whilst you behave yourselves as good, and faithful children to our Great King – and you shall be furnished with provisions for you and your families every year. We wish you a happy return to your friends and that the Sun and Moon shall never see and [sic end of our Friendship – and for a more particular mark of our Sincerity, we have given you a golden belt, a laced hat for your self and another for your Son. Given under our Hand and Seal at the Council Chamber at Halifax, this 16th September 1752 in ye 26th year of His Majesty’s Reign. (SGD) P.T. Hopson Cha. Lawrence, Benj. Greene, John Salusbury, Wm. Steele, Jno. Collier, Geo. Fotheringham I Major Jean Baptiste Cope do accept sincerely, and with a true heart, the conditions of this answer of His Excellency, the Governor, and His Majesty’s Council and for myself, and my people, and I engage to bring them here with me to sign and ratify the Treaty of Peace upon the above said conditions, in a month, or as soon as possible, and I promise to engage to do my utmost Endeavours to bring here the other Tribes of Micmacks to make peace. Given under my hand and seal, in presence of the said Governor and council in the Council Chamber at Halifax, this Sixteenth day of September 1752, and the 26th year of Majesty’s Reign. The Mark of Jean Baptiste Major Cope. P.T. HOPSON Treaty or Articles of Peace and Friendship Renewed between His Excellency Peregrine Thomas Hopson Esquire Captain General and Governor in Chief in and over His Majesty's Province of Nova Scotia or Acadie. Vice Admiral of the same & Colonel of one of His Majesty's Regiments of Foot, and His Majesty's Council on behalf of His Majesty. and Major Jean Baptiste Cope, chief Sachem of the Tribe of Mick Mack Indians Inhabiting the Eastern Coast of the said Province, and Andrew Hadley Martin, Gabriel Martin & Francis Jeremiah, Members and Delegates of the said Tribe, for themselves and their said Tribe their Heirs, and the Heirs of their Heirs forever, Begun made and concluded in the manner, form and Tenor following, vizt: 1. It is agreed that the Articles of Submission and Agreement, made at Boston in New England by the Delegates of the Penobscot Norridgwolk & St. John's Indians, in the year 1725 Ratified & Confirmed by all the Nova Scotia Tribes, at Annapolis Royal, in the month of June 1726, & lately renewed with Governor Cornwallis at Halifax, & Ratified at St. John's River, now read over, Explained and Interpreted, shall be and are hereby from this time forward Renewed, Reiterated, and forever Confirmed by them and their Tribe; and the said Indians for themselves and their Tribe and their Heirs aforesaid Do make & Renew the same Solemn Submissions and promisses for the Strickt observance of all the Articles therein contained as at any time heretofore that been done. 2. That all Transactions during the late War shall on both sides be buried in Oblivion with the Hatchet, and that the said Indians shall have all favour, Friendship & Protection shewn them from this His Majesty's Government. 3. That the said Tribe shall use their utmost endeavours to bring in the other Indians to Renew and Ratify this Peace, and shall discover and make known any attempts or designs of any other Indians or any Enemy whatever against His Majestys Subjects within this Province so soon as they shall know thereof and shall also hinder and Obstruct the same to the utmost of their Power, and on the other hand if any of the Indians refusing to ratify this Peace, shall make War upon the Tribe who have now confirmed the same; they shall upon Application have such aid and Assistance from the Government for their Defence, as the case may require. 4. It is agreed that the said Tribe of Indians shall not be hindered from, but have free liberty of Hunting & Fishing as usual: and that if they shall think a Truckhouse needful at the River Chibenaccadie or any other place of their resort, they shall have the same built and proper Merchandize lodged therein, to be Exchanged for what the Indians shall have to dispose of, and that in the mean time the said Indians shall have free liberty to bring for Sale to Halifax or any other Settlement within this Province, Skins, feathers, fowl, fish or any other thing they shall have to sell (The end next month.) ----
