Transcript of Treaty IT-447/IA-517, (1808)

Source of transcripts for the SchoolNet site:
Treaty No. 5 Between Her Majesty the Queen and the Saulteaux and Swampy Cree Tribes of Indians at Beren's River and Norway House with Adhesions. (Ottawa: Queen's Printer, 1969)

We, the undersigned Chiefs and Headmen, on behalf of ourselves and the        
other members of the Split lake and Nelson House Bands of Indians, having        
had communication of the Treaty with certain Bands of Saulteaux and        
Swampy Cree Indians, known as Treaty No. 5, hereby in consideration of        
the provisions of the said Treaty being extended to us, it being understood        
and agreed that the said provisions shall not be retroactive, transfer,        
surrender, and relinquish to His Majesty the King, his heirs and        
successors, to and for the use of the Government of Canada, all our right,        
title and privileges whatsoever, which we have, or enjoy in the territory        
described in the said Treaty, and every part thereof, to have and to hold to        
the use of His Majesty the King, and his heirs and successors forever.       
   
And we also hereby transfer, surrender and relinquish to His Majesty        
the King, His heirs and successors, to and for the use of the Government        
of tile Dominion of Canada, all our right, title and interest whatsoever        
which we and the said Bands which we represent hold and enjoy, or have        
held and enjoyed, of, in and to the territory within the following limits:        
All that portion of the North West Territories of Canada comprised        
within the following limits, that is to say; commencing where the        
sixtieth parallel of latitude intersects the water's edge of the West        
shore of Hudson Bay, thence West along the said parallel to the North        
East corner of the Province of Saskatchewan, thence south along the East        
boundary of the said Province to the Northerly limit of the Indian treaty        
number Five, thence North Easterly, then South Easterly, then South        
Westerly and again South Easterly following the northerly limit of the        
said Treaty number Five to the intersection of a line drawn from the        
North East corner of the Province of Manitoba, North Fifty-five degrees        
East; thence on the said line produced fifty miles; thence North twenty-       
five degrees East one hundred and eighty miles more or less to a point        
situated due South of Cape Tatnam, thence due North ninety-eight miles        
more or less to the said Cape Tatnam; thence South Westerly and then        
Northerly following the water's edge of the West shore of Hudson Bay to        
the point of commencement, together with all the foreshores, and        
Islands adjacent to the said described tract of land, and containing        
approximately an area of one hundred and thirty-three thousand four        
hundred (133,400) square miles.       
    
And also, all our right, title and interest whatsoever to all other lands        
wherever situated, whether within the limits of any other treaty        
heretofore made, or hereafter to be made with the Indians, and whether        
the said lands are situated in the North West Territories or elsewhere in        
His Majesty`s Dominions, to have and to hold the same unto and for the        
use of His Majesty, the King, His heirs and successors forever.       
    
And we hereby agree to accept the several benefits, payments and        
reserves promised to and accepted by the Indians adhering to the said        
Treaty No. 5. And we solemnly engage to abide by, carry out and fulfill all        
the stipulations, obligations and conditions therein contained on the part        
of the Chiefs and Indians therein named to be observed and performed,        
and we agree in all things to conform to the articles of the said treaty,        
as if we ourselves and the Bands which we represent had been originally        
contracting parties thereto and had attached our signatures to the said        
treaty.       

And his Majesty hereby agrees to set apart Reserves of land of a like        
proportionate area to those mentioned in the original Treaty No. 5.       

And his Majesty further hereby agrees to provide a grant proportionate        
to that mentioned in the original treaty to be yearly and every year        
expended by His Majesty in the purchase of ammunition and twine for        
nets for the use of the said Indians; and to further increase this annual        
grant in lieu of other supplies provided by the said treaty when this        
action is shown to be in the interests of the Indians.       

And his Majesty further agrees to pay to each Indian a gratuity of Five        
Dollars in cash, once for all, in addition to the Five Dollars annuity        
promised by the Treaty in order to show the satisfaction of His Majesty        
with the behaviour and good conduct of his Indians and in extinguishment        
of all their past claims.       
       
IN WITNESS WHEREOF, His Majesty's Special Commissioner and the        
Chiefs and Councillors of the Bands hereby giving their adhesion to the        
said treaty have hereunto subscribed and set their hands at Split Lake        
this Twenty-sixth day of June in the year of our Lord one thousand nine        
hundred and eight.       
       
Signed by the parties hereto in the            [Name in Cree characters]       
 presence of the undersigned wit-              WM. KECHE-KESIK       
 nesses, the same having been first            [Name in Cree characters]       
 explained to the Indians by JOHN              CHARLES MORRIS       
 SEMMENS,                                      [Name in Cree characters]       
        Commissioner.                          ALBERT SPENCE       
    W.J. GRANT, M.D.       
        Medical Officer.       
    R.J. SPENCER, Clerk.       
    H.McKAY, Commissioner.       
    G.J. WARDNER, Constable.       
    H.C. McLEOD, H. B. Coy.       
    J.M THOMAS, C.F.       
       
IN WITNESS WHEREOF, His Majesty`s Special Commissioner and the             
Chiefs and councillors of the Bands hereby giving their adhesion to        
the said treaty have hereunto subscribed and set their hands at        
Nelson House this thirtieth day of July in the year of our Lord one        
thousand nine hundred and eight.       
       
Signed by the parties hereto in the              [Name in Cree characters]       
 presence of the undersigned wit-                Peter Moose, Chief.       
 nesses, the same having been first              [Name in Cree characters]       
 explained to the Indians by JOHN                Murdoch Hart, councillor.       
 SEMMENS,                                        [Name in Cree character]       
        Commissioner.                            James Spence, councillor.       
    W.J. GRANT, M.D.       
        Medical 0fficer.       
    R.J. SPENCER, Clerk.       
    H.McKAY, Commissioner.        
    G.J. WARDNER, Constable.         
    FRED.  A. SEMMENS.       
    G. D. BUTLER, S/Sergt.  R.N.W.M. Police       
    CHARLES GEORGE Fox, Missionary-Anglican.       
    GEO THOS.  VINCENT.       
    ALEXANDER FLETT.       
    WILLIAM ISBESTER.       
    F.A. SEMMENS.