History of Indigenous Treaties and Alliances in Canada

Indigenous Governance and the Role of Wampum

• Prior to the arrival of European empires, including the British and French, Indigenous peoples across North America maintained distinct cultures, intricate political structures, and established residence.

• Indigenous peoples initially viewed European arrivals as twofold opportunities: to forge new political alliances and to establish new trading partnerships.

• Laws and governance systems were recorded and preserved through various methods, with the Haudenosaunee (Iroquois) using the Two Row Wampum belt as a primary example.

• Wampum Belt Composition:     * Constructed from beads made of whelk shell, quahog, or hard-shelled clams.     * Features cylindrical purple and white beads.     * Beads are bound together with hemp running the full length of the belt.

• Functions of Wampum Belts:     * Foundation for treaties and agreements between the Haudenosaunee and colonial representatives.     * Documentation of oral agreements (one of the first methods used).     * Confirmation of an individual’s credentials and authority.     * Mnemonic devices used to record significant events.     * Evidence of pre-existing Indigenous diplomatic relationships.     * Utilized in official gatherings and sacred ceremonies.

• Other recording mediums for legal and spiritual traditions include:     * Masks.     * Medicine bundles.     * Birch bark scrolls.     * Petroglyphs.     * Button blankets.

The Two Row Wampum (Guswenta)

• The Two Row Wampum, named Guswenta, represents a symbolic and binding agreement established in $1613$ between Haudenosaunee leaders and Dutch colonial officials.

• Origins of the Agreement:     * The agreement was prompted by Dutch incursions into Haudenosaunee territory.     * Mohawk runners traveled to Onondaga to request a leadership meeting to determine how to manage the "uninvited guests."

• Symbology of the Guswenta:     * Three white bead rows: These represent specific shared tenets: friendship, peace, and forever.     * Two parallel purple rows: These represent two distinct vessels traveling the "river of life."     * One purple row embodies the Haudenosaunee, their people, and their lifeways.     * The other purple row stands for the Dutch, their people, and their lifeways.

• Core Principles:     * The two parties travel side-by-side as equals.     * There is a mutual respect and a promise not to interfere with one another.

• The principles of the Two Row Wampum were later applied to agreements with the French in $1701$ and the British in $1763$ and $1764$.

Treaty Frameworks and Divergent Perspectives

• Definition of a Treaty: A legally binding agreement outlining the rights and duties of signatories, protected by international law, and negotiated by two or more sovereign nations to protect relations.

• Divergent Understandings:     * Indigenous societies and colonial powers often had different interpretations of the structure and composition of agreements.     * These understandings were shaped by distinct social, political, and economic norms.     * Precolonial laws and customs informed Indigenous treaty-making; many principles were shared across Indigenous nations.

• The Great Peace of Montreal ($1701$):     * Signed between New France and $40$ Indigenous groups from Central and Eastern North America.     * Successfully ended prolonged conflict and ushered in several years of peace.     * Served as a groundwork for cooperation, though it was frequently tested when European rivals brought overseas conflicts to the Americas.

Five Phases of Treaty Making in Canada

• Treaty making in the region that became Canada is categorized into five distinct chronological phases:     1. Peace and Friendship Treaties: $1725$ to $1779$.     2. Robinson Treaties: $1850$.     3. Douglas Treaties: $1850$ to $1854$.     4. Numbered Treaties: $1871$ to $1921$.     5. Modern Treaties: $1922$ to the present.

• These phases reflect changing economic, political, and social dynamics, specifically the competition for continental control and the management of Indigenous land title as settlement and resource development increased.

Phase 1: Peace and Friendship Treaties ($1725$–$1779$)

• Objective: To maintain peaceful relations on the East Coast between the British Crown and Indigenous groups after years of hostility stemming from British-French imperial conflicts.

• Signatories: Mi'kmaq, Wolastoqiyuk (Woolastogiak), and Passamaquoddy nations.

• Geographic Scope: Present-day Maine, New Hampshire, New Brunswick, and Nova Scotia.

• Key Terms and Obligations:     * Establishment of promises to stabilize trade and relations.     * Indigenous signatories agreed to end hostilities with British subjects.     * The British promised to gain consent prior to settling East Coast Indigenous territories.     * The Truck House Clause: Required the British to establish trading posts for the exclusive use of the Indigenous signatories.

• Cultural Interpretations of Treaties:     * Mi'kmaq perspective: The word for treaty implies "adding to our relations," making it a kinship-based relationship where signatories are joined as relatives.     * Haudenosaunee perspective (Contrast): Favored the Two Row Wampum model of peaceful but respectful distance.

• Land and Resource Rights:     * These treaties did not involve the surrender of land or resources.     * Renewals in $1749$ and $1752$ reaffirmed original agreements and the truck house system.     * The $1760$ renewal brought the Wolastoqiyuk under truck house provisions and acknowledged the possibility of future non-Indigenous settlement without reprisal.

The Royal Proclamation and Post-$1812$ Shifts

• Royal Proclamation of $1763$:     * Issued by King George III on October $7$, $1763$.     * Recognized Indigenous land title until such time as it was officially ceded to the British Crown via treaty.     * Defined "Indian territory": All lands in the North American interior and West of the Appalachian Mountains were off-limits to settlers unless ceded.

• The American War for Independence ($1783$):     * Resulted in over $30,000$ loyalist refugees (Indigenous and non-Indigenous) moving North.

• War of $1812$:     * Indigenous allies were crucial to Britain's defense against the American Republic's northern expansion.     * The conflict ended in a stalemate in $1814$, leading to a significant drop in Indigenous influence with colonial officials.

• Policy Shift to "Civilization":     * Post-$1812$, Indigenous peoples were viewed as barriers to expansion rather than military allies.     * In $1830$, responsibility for Indigenous relations transferred from the military to the civilian government in Upper and Lower Canada.     * Policy moved toward demanding Indigenous peoples adopt agrarian, sedentary lifestyles.     * Trade and cash relationships were replaced by annuity payments intended for developing agricultural communities.     * Between $1764$ and $1836$, roughly $27$ land purchases were negotiated in Upper and Lower Canada.

The Robinson Treaties ($1850$)

• Context: Rising conflict over land and resources around Lake Huron and Lake Superior led to an armed insurrection at Mica Bay on Lake Superior in $1849$.

• Negotiator: William Benjamin Robinson, an experienced trader familiar with Indigenous languages and customs.

• Outcome: The Robinson Huron and Robinson Superior Treaties.

• Key Features:     * Secured almost all of Northwest Ontario for settlement and resource development.     * Robinson confirmed that Indigenous groups would maintain hunting and fishing rights.     * Introduction of reserves based on sites selected by Indigenous leaders.     * Robinson refused to include provisions for "half-breed kin" requested by Lake Huron leaders.     * These treaties laid the foundation for the later Numbered Treaties in Western Canada.

The Douglas Treaties ($1850$–$1854$)

• Context: The Hudson’s Bay Company (HBC) established a colony on Vancouver Island in $1849$.

• Negotiator: James Douglas, the colony's Chief Factor.

• Structure: $14$ agreements made to purchase land from the island's Indigenous inhabitants.

• Interpretive Differences:     * Colonial/HBC perspective: Agreements abolished Indigenous land title in exchange for protecting village sites and fisheries.     * Indigenous perspective: Agreements were understood as peace treaties rather than land sales.     * Indigenous leaders viewed the agreements as a framework for coexistence and sharing the land peacefully with new settlers.