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HOUSE OF ASSEMBLY, APRIL 10, 1840.

The Hon. Mr. Haviland, Colonial Secretary, by. com- mand of His Excellency the LieutenantGorcrnor, delivered

the following ’ Invariant. C. A. FlTZ ROY, Lieut. Governor.

The Lieutenant Gtwcrnor lays before the House of As— sembly, Copy of a communication which he has received from the Right Honorable Lord John Russell, Her Majes- ty’s Principal Secretary of State for the Colonies, with re- ference to acorrespoudeucc between the Right Honorable Lord Glenelg, Her Majesty’s late Principal Secretary of State for the Colonies, and himself, relative to the Indians in this Island. Also, copy ofa correspondence which has passed with Mr. David Stewart and the Colonial Depart- ment, on the subject of the Lieutenant Governor’s proposi- tion, that some arrangement should be made for securing Lennox Island, of which he .is the Proprietor, for the use of the Indians.

The Lieutenant Governor has been instructed to bring this matter under the consideration of the House ofAssem- bly, and to propose to them that the purchase money, whatever it may be finally fixed at, should be paid out of the Colonial Revenues; and that Her Majesty's Govern- ment will undertake, from time to time, as occasion ‘may ofi'er, to defray the amount by the sale of Crown Lands in the Colony.

Government House, loth April, 1840.

Fnou‘ Loan Gneneno AND Sin. C. A. Fi'rz ROY.

No. 48. No. 60.

Copy if a Despatch from Lord GIeneIg to Sir C. A. Fitz Roy. Downing Street, 2d August, 1838.

Sir; I transmit to you herewith the copy of a Petition to Her Majesty, from a Chief of the Micmac Tribe of Indians resident in Prince Edward Island, which has been placed in my hands by Mr. Cooper. Without fuller infor- mation than I possess on this subject, it is impossible for me to advise Her Majesty as to the answer to be returned to this Petition. I have therefore to request that you will furnish me with a full and detailed report on the state of the Indians who may be resident in Prince Edward Island. pointing out the measures which, in your opinion, would most conduce to their well being, and to the improvement of their moral and social condition. ~

I have, doc.

V (Signed) GLENELG. Sir C. A. Fitz Roy. '

TO THE QUEEN'S MOST EXCELLENT MflJESTY. May it please your Majesty; - The Petition of the undersigned, a Chieftain of the Mic- mac Tribe of the Indian Inhabitants of Prince .13de Island, in British North America, Most respectfully sbeweth—

That in former times our fathers were the owners of this Island, and fully enjoyed their acquired resources thereof, until they were visited by people of the French nation, who taught them Religion and the duties of civi- lized life; after which, by a treaty entered into by that nation with your Majesty’s Government, our people became British subjects; since which, our tribe has been deprived of their hunting grounds, without receiving any remunera-

' tion for the loss they sustained; by which, privation and want have reduced our once numerous tribe in this Island to a skeleton of five hundredindividuals, who, collectively, are not inferior to any other denomination of your Majesty’s subjects, in a strict adherence to moral honesty, or in an

invincible attachment to your Majesty’s person and govern- ment.

That our people duly value the benefits resulting from a steady application to farming pursuits, and a settled mode of life; thereby have made frequent applications to the House of Assembly ofthis Island, to obtain a grant ofland on which our people could permanently reside, without fear of molestation—a favour, though earnestly sought, which is yet denied us; thereby our people are still compelled to wander in the forest as an unprotected neglected race of

the human species. unworthy to enjoy the patronage and favour of those vested with authority.

iTherefore your petitioner humbly beseeches your Majes- ty to be graciously pleased to instruct your Majesty’s Representative in this Colony to procure for our people a permanent location on a tract of land in this our native Island, on which we may reside and cultivate without fear @emoval or molestation; for which, as in duty bound, your Majesty's petitioner and people shall ever pray.

OLIVER THOMAS LE BONE,

his N mark. 1838.

b

Prince Edward Island, May,

C. LITTLE, J. Annucxnn,

Signed in our presence,{ EDWARD DUNN.

No. 49. No. 37.

Copy of a De.

patch from Sir C'. A. Fitz R0 to Lord Glenclg. y

Government House, Prince Edward Island, 8th October, 1838. .My Lord;

In compliance with ship’s letter, of the nish your Lordship- state of the Indii’n the measures, whic

the desire expressed in your Lord- 2d August, No. 69, that I should fur- with a full and detailed Report of the s resident in this Island, pointing out h, in my opinion, would most conduce to their Well bein and to the improvement ofthcir moral and social condi on, I have the honour to inform your Lordship, that the Indians, ho reside on this Island form a very small portion of the once numerous Micmac Tribe, the aboriginal inhabitants of that part of British North America out of which these lower Provinces have been formtgd, and of which tribe the remnant is now scattered over‘tbe Colonies of New Brunswick, Nova Scotia, Prince

' t the best information within my reaCh’I do nowehe’ve tha

. . . , 1., number on this Island exceeds 200 indivrduals, "alglloxguq it is difficult to ascertain this wrth_any prechlelo 8.0 ie as on account of the roaming disposition of t leptegoarse that their numbers fluctuate from theirconsta-nt in fiance with the main land. From their habits of intgmgeasing, and other causes, their numbers are rapldj! (it; abjecj and, with few exceptions, they are sunk tot _e m_t ossible and degraded state to which I should conceive i p for human beings tobarrive.

Althouah this tri e was, many ' . the Romaan Catholic Religion, which faith is prof'essetjalii‘y)y the portion which inhabits this Island, I cannot ascerj . that much effort has been made to reclaim them :nm their wandering habits, or to induce them to fix themsnlie: at any one spot; the utmost advance which they a; made towards settlement or tillage being confined to the cultivation of a few potatoes, by the small numberw 0

years ago, converted to‘

. . . d mainder subsist b hunting, fishing, making baskets an toys of birch bayrk, and begging Charlottetown hand amount the settlements. No provrsron appears to av; been Inade; when the Island was so improvidently grante away, for the reservation .of any lands for the use.ofthese poor people, nor has any application been made in their behalfsince I arrived in the Colony; but humanity de- mands that some steps should be taken, in order that when the Island becomes fully settled, and when they Will be of necessity precluded from rambling to and fro, as ~they are now suffered to do, unmolested, throughout the Island, they may have some spot secured to them, where the small number which will, in all probability,then remain, may be enabled to subsist. It would be useless to endeavour to settle them on any of the ungranted lands of the Colony. The quantity remaining at the disposal of the Crown does not amount to more than 12,000 acres, and these of an inferior description; and it is dispersed in various Situations in small allotments, so that a sufficient quantity could not be found in one place, which could be rendered available for the purpose, even if there were no other objections; but there is a small Island, situated on the North-west coast of Prince Edward Island, lying between Richmond and Goodwood Bays, called “ Lennox Island,” the pro- perty of Mr. David Stewart, which the Indians have long considered as their own, and on which they have burlt a chapel, and where they have, from a very early period, buried their dead. I believe, if they could have this Island secured to them, either by a voluntary grant_ from the proprietor, or by the government purchasing it for their use, it would not only meet their utmost wrshes, and render them perfectly contented, but, by offering them an inducement to remain stationary, afford a fair opportunity for any efforts at improving their moral and social condi- tion. Any attempt of this nature, in their present state, I am convinced, would be wholly thrown any. Mr. Stewart has, I understand, always expressed a desire, that the Indians may not be disturbed on Lennox Island; but a future proprietor may have different views,_ and I there- fore think it very desirable, that they should feel them- selves secured iu the possession ofit as their own property. I am convinced they would prefer it to any other spot that could be selected for them; and I believe it would even now be very difficult to induce them to leave it, or to give it up, except by force. Should Mr. Stewart object to making over this Island to the'indians gratuitously, I should apprehend he might be indu¢d to part with it at a fair valuation, which, as the Island is ofno great extent, and the land not of a superior quality, could not amount to more than an inconsiderable sum.

In corroboration of my views on this subject, I beg to transmit to your Lordship a copy ofa letter which I have received from the Roman Catholic Bishop of Charlotte- town, to whom, wishing to give your Lordship the best information in my power, I had applied for his opinion.

I have the honor, &c.

CHARLES A. FIZ ROY,

Lieut. Governor. Right Hon. Lord Glenelg, 6m. 8w. &.c.

(Signed)

To His Excellency Sir Charles A. Fitz Roy, 6w. (Ste. QM.

Rustico, 5th October, 1838.

Sir; I have the honour to acknowledge the receipt of your Excellency’s letter of the 1st instant, accompanied with a copy ofa Petition to Her Majesty from the Chiefof the Indians resident in this Island, in which letter your Excellency is pleased to desire me to give my opinion of the prayer of said Petition, and also to suggest any plan which I thought might possibly improve the condition of the petitioners. In order to comply with your Excellency’s request, I beg first to state that the Indians of this Island have often complained that they have been more unfa- vourably dealt with than their brothers in the neighbour~ ing provinces, inasmuch as they have never, like them, received grants ofland whereon to settle themselves, and which those among them at least so' inclined, might cul- tivate and live by.

This grievance they, from time to time, ineffectually represented to Her Majesty’s Representatives. They applied, some years since, to the House of Assembly, with similar complaints; the then House seemed to take their case into favourable consideration, and made some steps towards making a purchase of Lennox Island, for their use and benefit, but afterwards lost sight of it, for what, I do not at this moment recollect.

That some place of rest should be provided for the Indian tribe of this Island is, in my opinion, no more than what justice to the original owners of the soil imperativer dictates; and nothing, also, in my opinion, could tend more effectually, in course of time, to redeem the Indians from their wandering life, than to locate them on lands to the culture of which necessity» will compel them id have recourse for their subsistence, as the means hereto- fore used by them are now failing.

What quantity of land should be given to them, I cannot take upon myselfto say; but as to its situation, an iso. lated one would be, for many reasons, the most preferable- and though I never set much value on the purchasing of Lennox Island for their use, on account of its havin comparatively, little good land, yet I am aware that thé . Indians could not, without great difficulty, be induced to part With it, from the circumstances of their living on it for many years past, and their having also there their Church and Burying Ground.

Hoping that your Excellency will be pleased to excuse me in this long, imperfect, and hurried communication.

I have, doc.

Edward Island, and the Island of Cape Breton. From

(Signed) B. D. MACDONALD. Sir Charles A. Fitz Roy, &.c. 64c. doc.

remain stationary during the summer months; the re--

ship to the house of Messrs. Farrer 61. Parkinson, to treat for

promote the comfort, of persons upon that

meat could put down,

years, by. parties whose objects seem to be to render all property insecure,

peaceable and ind Edward Island would soon

eating and happy Colonies belonging to the Crown; but at present, I am sorry to say, agitation, under th is kept in such a state as

time you may please to honour me with an interview.

a I'. the Government

Messrs Farrer Gr. Parkinson,

No. 50. from Sir G.. Grey to D. Stewart, Esq.

‘ it ' Copy qfa Le 67 Downing Sueet’ December,

Sir; ‘ t d b Lo I ' wiIha’trligldceijciyeof al Despatch from Sir C. A. Fitz Roy, on

the subject of the present state of the Indians in Prince

tk'n an further steps.respect- Edward Hand. lligigffirdashipgdesires me to inquire whe-

ing these people, 0 anion WM] a d osed to makeJany pr po , . sigh {:uthzreattiiiiiment of the obchEt conGtzemplated by Sir I , ave, c. 0' FM Roy' (Signed) G. GREY. D. St wart. Esq. 94,eGi'eat Russell Street.

No. 51. Copy of a Letter from the Right Honourable Henry Laboucltere to D. Stewart, Esq. h 1839 ‘ Downing Sirnet, lgth gggpgé Grey .by ' ‘ n the 22d of December ast, 1r 1, thesiiii'egtion of Lord Glenelg, addressed to youha litter, enclosing a Despatch from Sir C. Fitz Roy, on t e su (jiepo oftbe Indians in Prince Edward Island, and requeste be informed whether you were,disposed to make any pr:- position to Her Majesty’s Government, With a View t: t e well-being of those individuals. On the 22d Dectém er a reply was received from your son. Mr. R. B. tkewart, stating, that in your absence he was unable to_ta feléiny step in the matter. I am directed by the Marquis 0 or- manby to recall the subject to your recollection, and 1:0 request you to inform me whether youpropqse to ma e any communication to his Lordship on this subject. I have, &c. H. LABOUCHERE.

__

94, Great Russell Street, 18th March, 1839. 0rd ; . My IIri answer to Mr. Labouchere’s letter of the 15th inst. I beg to state, that my father, Mr. David Stewart, is still absent in Ireland: we are in daily expectation of his return; but in his absence, I can add nothing to rny letter to Lord Glenelg in answer to a communication Similar in purport to that now made by Mr. Labouchere. I have, &.c. - ' R. B. STEWART. - The most noble the Marquis of Normanby, &.c. GLO.

LEN NOX ISLAND.

94, Great Russell Street, 3d August, 1839.

&c.

(Corr)

My Lord ;

In reference to Mr. Labouchere’s letter of the 15th March last, on the subject of Lennox Island, my son has informed you, as he had previously informed Lord Gleuelg, that I was not in a position to make any proposrtion at that time owing to the want of title—for though I pur- chased the property in the year 1831, and have had nominal possession since 1833, when the purchase money was lodged in the British Linen Company’s Bank at Edinburgh, yet, for reasons with which it is unnecessary to trouble your Lordship, it has not been until la'st week that the conveyance to me was completed; nor was the conveyance delivered to me until the evening of the 3131 July, which will], I trust, account satisfactorily to youth Lordship for the delay in complying with your Lordship’s wishes, as expressed in Mr. Labouchere’s letter.

Having learned, in 1831, when I was in Prince Edward' Island, that the poor, harmless Indians were much har- rassed and annoyed by persons trespassing upon Lennox Island, which then was for sale, I agreed to purchase it, chiefly with a view to their protection, and left with my agent the most positive instructions, which have since been often repeated by letters, not to allow the Indians to be disturbed in any way, nor under any pretence—neither have they been disturbed in so far as it was in my power to prevent it; tho’ I regret to learn that they have been disturbed by persons who had no right nor pretence to go uan Lennox Island, and who have thereby acted not less against my wishes, than against those of Her Majesty’s Government. ,

I certainly have no wish to part with Lennox Island—— yet if Her Majesty’s Government. think they can better provide for the security and comfort of the Indians by purchasing the Island for their use, I have no disposition to oppose their views, and accordingly beg to refer your Lord-

the purchase. Should the Government decline to purchase the Island, I shall feel most happy to meet your Lordship’s wrshes, by doing every thing in my power to promote the comfort and happiness of the Indians, not only in Lennox Island, but in every part of Prince Edward Island which belongs to me. We are not only ready, but most anxious to happiness, and security of every class beautiful Island, to the utmost ofour power, as far as that can be done consistently with com- mon justice to ourselves; and if Her Majesty’s Govern-

. and keep down, the agitation which has been raised and kept up for the last seven or eight and consequently to put an end to ustrious pursuits and habits, Prince become one of the most inter-

that by means ofperpetual e most unfounded pretences, the Island

to render it impossible for the

re in waiting upon you, at any

( S I have, 650., i ned D_ s . I The Marquis of Normangby, ) TEWARI‘ 650' 55‘ 6L0.

Downing Street, 16th Sept. 1839. Gentlemen ; ‘ D. Stewart havi

have

(Signed) JAS. STEPHEN.

rd Glenelg to transmit to you here-

draft.

ledge therec’ , of the 16th '

as to Mr. De property in and to; ' havenot

being about 1h which the t selling land We. _‘ (Signed) F James Step ..

No.11]

Sir; With re Despatch, No. 32 October, 1838," Indians ' Island,’ 1 inclo‘se' formation, a copy, pondence which ' with Mr. David the subject of y tion, that some should be made Lennox Island, I the proprietor, for‘ the Indians. You will. ' ' Stewartvis _ of the Island, w ~ by him to contain . ‘ for the sum of£ the rate at which, are now selling la Edward Island.” sufficiently inf, subject to beena mine whether this timate of the value’ perty, but from t tion you have given 7, Island, as can “not of a su {or I should be diilerpesed that too high a price . asked—of this you wifi best judge. I have no to doubt that Mr. _, who expresses great an ’. " benefit the Indians” willing to sell the p a fair valuation. ' I anticipate more di from the want of fit effect the purchase. ,1 home Treasury ca ‘ i _ vide money for such“ Pose; and, unless cw provision can he made? i I fear that the attempt" these unfortunate w prove ineffectual. ble delay would occur in accumu' the sale of Crown. sufficient sum for the and that delay wan to the object in v' House of Assembly, , fore, the only sour" which assistance can i ed for; and I should , that, sensible as 7th must be of the helplg‘i of these poor peop lend its aid in furthe this plan for alleviat A condition. Ihave,therefore,t - you to bring the sub' the consideration of of Assembly, expla them what has been done, and proposing that the purchase » what ever it may fixed at, should be psi the Colonial Revenue; Majesty’s Government v taking that, from time as occasion may offer, merit shall be made:- Colony, by the sale of; ands. ‘ I have the honor to your most ohdt. ' J. RU Lt. Governor ' Sir C. A. Fitz Roy, K

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