119. 1894. Treaty with Japan. This treaty has not yet been accepted by Canada, but a digest of its provisions is here given on account of its importance.

Treaty of commerce and navigation between Great Britain and Japan signed at London, July 16th, 1894.

Article I. gives the subjects of each power liberty to enter, travel or reside in the possessions of the other.

Article III. provides for reciprocal freedom of commerce and navigation. Article V. No import duty to be imposed by either power on the produce of the other, higher than in the case of other powers.

Article VI. Similar stipulations as to export duties.

Article VII. provides for exemption from transit duties and equality of treatment with native subjects.

Article VIII. provides for reciprocally equal treatment of imports and exports in vessels of the two countries.

Article XI. excepts the coasting trade, left to the laws of the respective countries, but part of cargo may be landed at different ports. British vessels may continue to carry cargoes between the open ports of Japan. 193

Article XIX. excepts Canada (among other colonies) from the operation of the treaty, unless notice of acceding to it is given within two years of ratification.

Article XX. gives up the jurisdiction of British courts in Japan from the time the treaty comes into force.

Article XXI. provides that the treaty shall not take effect for at least five years, on a year's notice being given by Japan, not less than four years

*Ratifications exchanged, February 19th, 1886.

+Tonga subjects escaping to British Territories only.

after the signature. The treaty is to remain in force for twelve years after going into operation. After a year's notice, given in not less than eleven years, it may be terminated by either party.

Article XXII. provides for the ratification of the treaty at Tokio, as soon as possible, and not later than six months after signature.

Annexed to the treaty is a tariff from five to fifteen per cent ad valorem to which British goods shall be subject in Japan a month after the ratification of the treaty, not being postponed, like the treaty itself, for five years.

This is the first treaty to recognize formally Japan's status as a member of the family of civilized nations.

INDIAN TREATIES.

120. The treaties of Canada with the Indians of the country are contained in "Treaties of Canada with the Indians of the North-west, 1880," by Hon. A. Morris, and in "Indian Treaties and Surrenders," Department

of Indian Affairs.

121. Mr. Morris, in his introduction, says: "One of the gravest of the questions presented for solution by the Dominion of Canada, when the enormous region of country formerly known as the North-west Territories and Rupert's Land was entrusted by the Empire of Great Britain and Ireland to her rule, was the securing the alliance of the Indian tribes and maintaining friendly relations with them. The predecessors of Canada, the company of adventurers of England trading into Hudson Bay, popularly known as the Hudson's Bay Company, had for long years been eminently successful in securing the good will of the Indians, but on their sway coming to an end, the Indian mind was disturbed. The events that transpired in

the Red River region in the years 1869-70, during the period when a provisional government was attempted to be established, had perplexed the Indians. They, moreover, had witnessed a sudden irruption into the country of whites from without. In the west American traders poured into the land, and, freighted with fire-water, purchased their peltries and their horses. In the east white men took possession of the soil and made for themselves homes, and as time went on steamboats were placed on the inland waters, surveyors passed through the territories and the 'speaking wires,' as the Indians call the telegraph, were erected. * * * The Government of Canada, anticipating the probabilities of such a state of affairs, had wisely resolved that contemporaneously with the formal establishment of their rule there should be formal alliances with the Indians." The result is that within the decade, 1870-80, seven treaties were concluded with the Indian tribes of such an inclusive character that there remained no Indian nations in the north-west inside of the Fertile Belt who had not been dealt with.

122. Before that period there had been three treaties with the Indians of North-west Canada; one in 1817, one in 1850 and one in 1862.

Treaty of 1817, commonly known as the Selkirk Treaty, provides for the transfer by the chiefs and warriors of the Chippeway or Saulteaux nation and those of the Killistine or Cree nation, of all that tract of land adjacent

to Red River and Assiniboine River, beginning at the mouth of Red River and extending along the same as far as Great Forks at the mouth of Red Lake River, and along Assiniboine River as far as the Muskrat River, otherwise called Riviere des Champignons, and extending to the distance of six miles from Fort Douglas on every side, and likewise from Fort Doer and also from the Great Forks and other posts, extending in breadth to the distance of two English statute miles back from the banks of the river. The consideration for the surrender was the payment of 100 pounds of good merchantable tobacco to each nation annually. The Honourable Thomas Earl of Selkirk acted for the King.

In this instance the Indians were made to comprehend the depth of the land they were surrendering by being told that it was the greatest distance at which a horse on the level prairie could be seen.

123. Treaty of 1850, commonly called the Robinson Superior Treaty, between Hon. William B. Robinson, on behalf of Her Majesty the Queen, and the principal men of the Ojibbewa Indians inhabiting the northern shore of Lake Superior, in the Province of Canada, from Batchewanaung Bay to Pigeon River, and inland to the height of land, provides for the surrender to Her Majesty of all the right and interest of the Indian tribe named in the whole of the territory described, consideration being: (a) £2,000 of good lawful money of Canada to them, in hand paid. (b) A perpetual annuity of £500. (c) Full and free privilege to hunt and fish over the territory, except such portions as may from time to time be sold or leased by the Provincial Government. (d) Three reservations of various areas reserved for the Indian tribe in common.

124. Treaty of 1852 (No. 2), commonly called the Robinson Huron Treaty, between the Hon. W. B. Robinson, on behalf of the Queen, and the principal men of the Ojibbewa Indians, claiming the eastern and northern shores of Lake Huron from Penetanguishene to Sault Ste. Marie, and thence to Batchewanaung Bay on the north shore of Lake Superior, and thence inland to the height of land, provides for the surrender to Her Majesty of all the right and interest of the Indian tribe named, in the whole of the territory described, consideration being: (a) £2,000 of good lawful money, in hand paid. (b) A perpetual annuity of £600. (c) Full and free privilege to fish and hunt over the territory, saving such portions as are sold or leased by the Provincial Government. (d) Seventeen reservations of land of various areas for the use of the chiefs and their tribes in common.

125. Treaty of 1862, commonly called the Manitoulin Island Treaty, between the Hon. William McDougall and William Spragge, on the part of the Crown, and the principal men of the Ottawa, Chippewa and other Indians occupying the Island of Manitoulin, provides for the surrender to Her Majesty of all the right and interest of the Indians named, to the 'Great Manitoulin Island and to the adjacent islands, consideration being: (a) A survey of the island by the Department of Crown Lands. (b) Grant of 100 acres to each resident Indian, being head of a family; of 50 acres to each single person, over 21 years, and of 50 acres to each single orphan child under 21 years; of 100 acres to each family of orphan

children under 21 years. Each Indian to make his own selection, provided: 1st. That the lots shall be contiguous to each other; 2nd. That rival claims be referred to the resident superintendent; 3rd. That selections for orphan children be made by their friends; 4th. That mill sites be reserved from selection; 5th. That the selections be made within a year. (c) Interest accruing from investments of sales of land to be paid to the Indians annually, every chief being entitled to two portions. (d) Salary of resident superintendent to become a charge upon the fund as soon as 100,000 acres of land are sold. (e) Conditions for protection of the Indians to be inserted in all deeds to patents for lands as selected by the Indians. (f) Indians and whites to have equal piscary rights.

126. The treaties in Manitoba, the North-west Territories and Keewatin : Treaty No. 1, made 3rd August, 1871, between Her Most Gracious Majesty the Queen and the Chippewa and Swampy Cree Indians, provides for the surrender to the Queen of all the lands beginning at the International Boundary near the Lake of the Woods; northward to White Mouth Lake by the river issuing therefrom to the mouth of the River Winnipeg; westerly across Lake Winnipeg to the Drunken River and to and across Lake Manitoba to its western shore; then in a straight line to the crossing of the rapids on the Assiniboine River; thence due south to the International Boundary. The considerations being: (a) Reservations sufficient to give 160 acres for each family of five and proportionately for smaller or larger families. (b) A present of $3 for each Indian man, woman and child belonging to the tribes surrendering their rights and interests. (c) School to be maintained on each of the three reserves. (d) Intoxicating liquors to be excluded from the reserves. (e) Annuity of $15 to each Indian family of five, or in like proportion for larger and smaller families.

127. Treaty No. 2, made 21st August, 1871, between the Queen and the Chippewa Indians provides for the surrender to the Queen of all their right and interest in lands bounded as follows: Beginning at mouth of the Winnipeg River on the north line of the lands ceded by Treaty No. 1, along the eastern shore of Lake Winnipeg to the mouth of Beren's River; then across Lake Winnipeg to the north bank of the Little Saskatchewan River ; then up stream and along the northern and western shores thereof and of St. Martin's Lake and along the north bank of the stream flowing into St. Martin's Lake to Lake Manitoba; then by the eastern and northern shores of Lake Manitoba to the mouth of the Waterhen River; then by the eastern and northern shores of said river up stream to the northern extremity of Waterhen Lake; then in a line due west across Lake Winnepegosis; then in a straight line to the source of Shell River; then to a point west of the same two miles distant from the river measuring at right angles thereto; then by a line parallel with Shell River to its mouth and then crossing the Assiniboine and running parallel thereto and two miles distant therefrom and to the westward to a point opposite Fort Ellice; then in a southwesterly course to the north-western point of Moose Mountains; then by a line due south to the International Boundary; then eastward to the line of the land ceded by Treaty No. 1. Considerations: (a) From reserves in different localities of such area as shall give 160 acres for each family of

five, and in the same proportion for larger or smaller families. (b) Present of $3 for each Indian man, woman and child. (c) A school maintained on each reserve whenever the Indians desire it. (d) Prohibition of sale or introduction of intoxicating liquors on the reserves. (e) Annuity of $15 to each family of five, and in like proportion for larger and smaller families; such payment as in the case of Treaty No. 1 to be made in cash or in such articles as the Indians require of blankets, clothing, prints (assorted colours), twine or traps, at the current cash price in Montreal.

128. Treaty No. 3, commonly called the North-west Angle Treaty, made 3rd October, 1873, between Her Most Gracious Majesty the Queen and the Salteaux tribe of the Ojibbewa Indians, provides for the surrender to the Queen of all their rights and interests in lands, the boundaries of which are as follows: Commencing at the Pigeon River route, where the International Boundary intersects the height of land separating the waters flowing into Lake Superior from those flowing into Lake Winnipeg; thence northerly, westerly and easterly along the height of land, following the sinuosities to the point at which the height of land meets the summit of the water-shed from which the streams flow to Lake Nepigon; thence along the ridge separating the waters of the Nepigon and the Winnipeg to the height of land dividing the waters of the Albany and the Winnipeg; thence westerly and north-westerly along the height of land dividing the waters flowing to Hudson Bay by the Albany or other rivers from those running to English River and the Winnipeg to a point on the said height of land bearing north 45 degrees, and from Fort Alexander, at the mouth of the Winnipeg; thence south 45 degrees west to Fort Alexan ler: thence along the eastern bank of the Winnipeg to the mouth of White Mouth River; thence southerly by the eastern boundary of Treaty No. 1, and thence on a line having the general bearing of White Mouth River to the International Boundary; thence to the Lake of the Woods, and from thence by the International Boundary to the p'ace of beginning, comprising an area of 55,000 square miles more or less. Considerations: (a) Reservation of lands not to exceed one square mile for each family of five, and in the same proportion for larger and smaller families. () Present of $12 for each man, woman and child. (c) Maintenance f schools on the reserves, wherever the Indians desire it. (d) Hunting and fishing rights of Indians continued, except as limited by grants for settlement, mining and lumbering purposes made by the Queen. (e) An annuity of $5 per head to each Indian person. (f) The expenditure of $1,500 per annum for the purchase of ammunition and of twine for nets for the use of the Indians. (g) The supply of two hoes, one spade, one scythe for each family, one plough for every ten families, five harrows for every twenty families, and one axe, one cross-cut saw, one hand saw, one pit saw, the necessary files, one grindstone and one auger for each band, and also for each chief for the use of his band one chest of ordinary carpenters' tools; also for each band enough of wheat, barley, potatoes and oats to plant the land actually broken up for cultivation by each band, and also for each band one yoke of oxen, one bull and four cows, all the aforesaid articles to be given once for all for the encouragement of agriculture among the Indians. (h) The payment of an annual salary of $25 to each duly recognized chief and of $15 to each subordinate officer (not