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THEv.«.7.;-Vtr.f.•£•:*• VV-'iV-'^k• ?•■•' ■' • :• *v' - .* '■• ■'■ *;:*■ *V ■■ .' • ■ • V * ;V ■■ ■-' ■ ■ V-V:•.. / \ 1- .• ’■ — COLUMBIAINDIAN LAND QUESTIONAM HISTORICAL SKETCH TO THE YEAR 190S (Eitnet (r«a SNtdn delivered by Rrr, Arthur E. O'Mcin, 8.A., it Vancouver in April, 1910). ■ • V:(\ ■ jgEFORE the territory which now forms the provinceor.vkt mov iv„Hv, lt;VMII1U -BW„ iviMi3 Mtv jwfMivv if they; desire that Canada as a whole should retain ulu:lu tbe bi£n character she has earned for herself by her ]British^Columbia became part of the British ■ -ust anci honourable treatment of the red men of the. . . • Al_ r .. . ____- A - just and honourable treatment or the red men of thedpm|n|ons,. the^Indfa^tribes were not only own forest, to reconsider in.a spirit of wisdom and patriotismthe various districts of the provirtce, but were also the tn’„A „.u:JTu I™ , \iru tc-rn the land grievances of which the Indians of that provincesovereign owners of them. When, in 1579, British sov- -----• _* .. • - _ - ..---- • ... . Iowners 01 incin. wnen, 'wmin sov- complain apparently with good reason, and take such‘NeT%bte SCaredreSSathTmy ^ neCeSSary pTOmpt'y and. effectuallythis principle was applied: the sovereignty was changed, . . . _butlt;the ownership was considered as unchanged.1 The A second report was issued by the Minister of Jus-Indian^tribes, on their part, accepted^ the sovereignty of J■samclt;r%^^l - * now- 5U * ^r9fn_ Judge i*reatireatf Britain^ but the Sovereign; of Great Britain recog- ?n ^Dominion and ^Provincial L^^la-nized'the Indians* right of occupation. British sovereign- ^c. e:J^act. *ron* *be report^ made byin oh^ therPacific ‘ coast commenced with the establishing *be ^Deputy Minister of Justice of Canada in the monthty ori^the;Pacific coast commenced with the establishing . T - ,10« .. .. - , , . , t .f.WjHthe British Colony of New Albion at a point to the January, 1875, which was adopted bjr the Minister of south ’fof ^ the ^present international boundary, and from Justice_and approved^by the Governor-General in Coun-:time to time that ^sovereignty was extended northward C|*: Considering, then, these several^ features of theahdi^lsoWextehdid -westward from?'the eastern part of c?se, that 110 surrender or cession of their territorial Canada.untilwefind Ut;including the territory which ri^hts, whether the same be ot a legal or equitable is now known as British Columbia, * Historical, records .nature, has been-, ever exeatteo by dhe Indian tribes of show that .when Sir Francis Drake landed, the -ownership': f8e- province, that they , allege that the reservations of of the native bribes was recognized, and that before 'and made by the government for the.r use have been; Drake - proclaimed thi sovereignty oi: Great .Britain he . afh'trarijy so made and are totally inadequate to their secured from-the natives a free surrender of their sov- Wort and requirements and without ihe.r assent, that; ercignty1^'''' '^ ^ they, are not averse to hostilities in order, to enforceThai leads me to speak of a document of outstand- T^hts * » impossible to deny them, and that theing importance^ a proclamation issued by. King George ^ct unc^er consideration^not only, ignores those rights, the Third,.in^^ 1763: :^^This proclamation states the general D.ut. expressly prohibits the Indians from enjoying the principle': that S'^ when (British 0 dominion s have not been f ts of^ recording or pre-empting lands, except by con-- • + . - - * , a V a v . « • m '• I ' ■ C A M v* . AT V* n .'I 1A Ilf i) fl *% VI T — K m A1fi3 flP M A t II A !€•% / ■ Al*CI /Tfl A Sa (dkAl A lceded to or purchased by the Sovereign of Great Britain ^nt ^ tbe Lieutenant-Governor, the undersigned feels . r. .... t--*?- - that he cannot do otherwise than advise that the Act inthey*are'^^to:be^^ considered as reserved for; the^^ Indians. . —-- - - - , y- v-1I will read the paragraph of that proclamation upon question is objectionable as tending to deal with lands imli.n. w Rriiul! rchiitmhin' rpiviftcr in which are assumed to be the absolute property of theWhich the Indians of; British Columbia are relying in 1 ... . . , , - . . ,support ofi their cimm: : /And we do further declare it an .?ssu”,Pf.l?n ^hic_L c,0^pletc,y. lg”orts as Itol W;our#oyaI:?wiiI and pleasure, for the present, as applicable, to Indians of ^British Columbia, the honor | aforesaid, to reserve under our sovereignty, protection (ai.^ which the Crown has in all otherand dominion for the use of the said Indians all the cases since its sovereignty of the territories in North land and territories riot included within the limits of our America dealt with their various Indian tribes, said .three new governments, or within the limits of the 'The undersigned would also refer to the British (— territory granted to the Hudson’s Bay Company as also Norths America Act, . 1867, ; Section 109, applicable to aU; the lands; and territories lying to the westward of British Columbia, which enacts in , effect that all lands the sources of the rivers which fall into the sea from belonging to. the Province shall belong to the Province the west-arid Northwest as aforesaid, and we do hereby Subject to any trust existing in respect thereof, and to forbid, on ^injof our displeasure, all our loving subjects any interest other than that of the Province in the same/ from makirig/any purchases or settlements whatever, or ‘That which has been ordinarily spoken of as thetaking5 possession/of/^any ;;of the lands above reserved, ‘Indian title* must of necessity consist of some species without our specialf leave: and license for that purpose of interest in the lands of British Columbia.%i”• * « j * “If. it is conceded that they have not a freehold in the\ wasjntended to apply’ soil, but that they have a usufruct, a right of occupationin a;sweeping, geMral; way to the British dominions in OI. p0ssessj0n Qf the same for their own use; then it North America;;^ The- Indian Commissioners‘ ^PPP^yd would seem that these lands of British Columbia are byf tbr/^vernment of Canr.da m the year 1844^ while subject,. if not *to a trust existingv in respect thereof/ Indian affairs- were, still under _the direction *of the Im- at least to an interest other than that of the Province penal Government; thus stated the effect of the pro- jn the same *“Now 1 come to speak of the answer to those reportsthqm (the® Indian*) with a fresh guarantee for the pos- £hich “SinS°hi am^morlnd/m of th'A?tofn°ev Gen‘ session; of theirv hunting: grounds and the protection of f co*^a»ned a«i a iMmorandom of the Attorney-Gen-th'e. Crowh;:. This , document the Indians look upon as Hon. G. A. Walkem dated 7th August 1875. InDhr/en?tW . ^^err/ftok 'several occalioSs Attorney-General outlines'’the Colonial Indian policyP^sent time and have referred to it on several occasions -.■Xj’±A*a x-t£9 , ^ r - ■
Newspaper Details
Vancouver BC Saturday Sunset
Vancouver, British Columbia, CA
Sat, Mar 25, 1911
Page 18
Full Page
Clipped by
Richa B.
CA 21 Jan 2024
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