ABORIGINAL AFFILIATION

OF THE JAMES BAY RESERVE

PRIVILEGED AND CONFIDENTIAL Final Report

Prepared for:

Greg McDade, Q.C., Ratcliff & Co. North , BC Counsel for the and

Prepared by:

Dorothy Kennedy, M.A., D.Phil. Bouchard & Kennedy Research Consultants , BC

April 17th, 2006 Aboriginal Affiliation of the James Bay Reserve 1

1.0 INTRODUCTION

In June 2004 Greg McDade, Q.C., of Ratcliff and Company, legal counsel for the Esquimalt and Songhees First Nations, requested me to provide an expert opinion on specific issues being raised in Thomas et al. and Albany et al. v. The Attorney General of and The Attorney General of . In order to provide this opinion, I have drawn on my experience as a socio-cultural anthropologist who has specialized in the aboriginal cultures of western for more than 30 years. More particularly, I have relied on my research concerning land and resource use, and on Coast Salish social organization. My expertise requires a familiarity with anthropological, ethnohistorical and linguistic data, and with this familiarity, I have knowledge of issues that have been raised by this litigation and addressed in this report. I have analyzed specific aspects of Coast Salish societies, including the Songhees and Esquimalt First Nations, for the Masters thesis I completed at the , and for the Doctoral thesis I completed at the University of Oxford, in England. Materials presented in both of these theses are included in this present opinion report.

1.1 Scope and Objectives The purpose of this report is to provide an opinion on the relationship between the Plaintiff First Nations, the Songhees and Esquimalt Indian Bands or First Nations, and the aboriginal groups recognized in the spring of 1850 by , Chief Factor of the Hudson=s Bay Company=s Fort Victoria, as comprising the ASangees@ [his transcription for the term anglicized as ASonghees@]. Douglas in 1850 concluded a series of agreements C now commonly known as the Fort Victoria Treaties C with six local groups known collectively as the ASangees,@ as well as an aboriginal group known as the ASoke@ ( or T=Sou-ke), and also other groups now recognized as Becher Bay Clallam (also spelled “”). This report discusses depopulation of aboriginal villages on southern and the eventual consolidation of remnant populations of ASangees@ local groups, which led to transformation in their identity and residence. More specifically, this report looks at the identity of the residents of the James Bay Reserve (later the site of the BC Legislative Buildings), which was established pursuant to the 1850 treaties, and the relationship between those people and the current Songhees and Esquimalt First Nations, the successors to the six local groups identified by James Douglas as the “Sangees Tribe.” Aboriginal Affiliation of the James Bay Reserve 2

1.2 Report Organization This report is divided into nine sections. Section 1.0 outlines the scope and objectives of the study and sets out the study area; Section 2.0 provides a brief discussion of the agreements now known as the Fort Victoria Treaties that James Douglas made in April 1850 with the local aboriginal peoples. Section 3.0 provides a review of Central Coast Salish social organization, with a focus on the relationship between local groups, villages and tribes. Section 4.0 examines the identity of the six groups with whom Douglas made treaties, the known locations of their village site(s), and the territory Douglas associated with each group. This section also addresses the question of whether Douglas made agreements with all pertinent groups, and consequently looks at the relationship of these groups to neighbouring social units. Section 5.0 describes the epidemic diseases that affected changes occurring in the social composition of the Lekwungen tribe, while Section 6.0 provides a brief look at the effects of these diseases, along with inter- group hostility, on the ancestors of the Plaintiff First Nations, and discusses the process of the consolidation of the surviving Lekwungen communities. Section 7.0 discusses recognition of the James Bay Reserve and the identity of the residents who lived there at the time of the treaty. Section 8.0 presents the Conclusions to this report, including the response to the five central questions raised in Counsel’s June 2004 letter of instruction; and Section 9.0 lists the References cited herein. Additionally, this report contains four Appendices: Appendix A provides a discussion of the main documentary sources used in the compilation of the report; Appendix B provides more detailed information on the terminology relating to the “Lekwungen” people, including anthropologists’ classification of them; and Appendix C provides a discussion of a possible Clallam village at the site of the James Bay Reserve. Appendix D provides a comparison of names given in the 1850 treaties with names compiled in 1876 and 1877. A Glossary of terms follows the Appendices.

1.3 The Study Area The present report examines the identity of the aboriginal people who at the time of the treaties signed with James Douglas in 1850 lived on southeastern Vancouver Island from approximately Albert Head to Head [Cordova Bay] and on the western side of in what is now State. The geographical focus of the report, however, is Victoria Harbour, particularly the site and immediate environs of the present British Columbia Legislative Buildings located on the south side of James Bay where, pursuant to the 1850 treaties, a ten-acre parcel of land here became known in the documentary record as Athe @ or the AJames Bay Reserve.@ Aboriginal Affiliation of the James Bay Reserve 3

1.3.1 Terminology: the Songhees or Lekwungen This report focuses on the aboriginal people known by the anglicized terms ASonghees@ and ALekwungen.@ Among non-specialists, the former term is the more commonly known. Since the early nineteenth century, observers of these indigenous people have used variants of the term ASonghees,@ anglicized from the indigenous ethnonym sc̉áηcs,1 originally applied specifically to the people who occupied southern Vancouver Island from the approximate area of Albert Head to Esquimalt Lagoon2 (see Figure 1). ASangees,@ a variant transcription of sc̉áηcs was used by James Douglas at the time of the 1850 Fort Victoria Treaties.

Another term applied to these same people is lck=wc!ηcn, anglicized here as ALekwungen.@3 The term likely applied to all of the Songhees local groups and, as the late Wayne Suttles pointed out based on his field work among these people more than 50 years ago, lck=wc!ηcn was the name that Amost Songhees call themselves.@4

Today, as in the past, the term lck=wc!ηcn embraces the ASonghees First Nation@ (also known as the “Songhees Indian Band”) and the AEsquimalt First Nation@ (also known as the “Esquimalt Indian Band” or “Esquimalt Nation”) together. Although the anglicized term ASonghees@ or variants of this term were used commonly in both the historical and ethnographic literature to refer collectively to the groups that formed the lck=wc!ηcn, I propose using in this report the preferable term lck=wc!ηcn in its current anglicized form, ALekwungen.@ This is to avoid confusion between the aboriginal groups at the time of the treaties and the contemporary Songhees and Esquimalt First Nations. The term lck=wc!ηcn is encapsulated in their term for their language, lck=wcηíncη (also written as lck&wcηínc̉ η). All of those who shared a unique

1 Indigenous terms are transcribed here phonemically using the International Phonetic Alphabet as it has been adapted for Northwest Coast languages (see pp. x-xi of the Handbook of North American Indians, Vol. 7, Northwest Coast, published in 1990 by the Smithsonian Institution, Washington DC). However, glottalization is marked for some phonemes in the present report with a raised apostrophe to the right of the symbol, rather than directly above it, due to font limitations in MS WORD. Terms taken from the literature where they appear in another writing system are identified here with double quotation marks.

2 Franz Boas 1891b. The Lku!ñgEn. Second General Report on the Indians of British Columbia. 60th Report of the British Association for the Advancement of Science for 1890, pp. 563-582 [also printed separately as pp. 10-30 of this same report]. London, p. 563; Wilson Duff 1969. Fort Victoria Treaties. BC Studies, No. 3, Fall 1969, pp. 4-5; Wayne Suttles 1990. Central Coast Salish. Handbook of North American Indians, Vol. 7, Northwest Coast. Washington DC: Smithsonian Institution, p. 474.

3 This same term is also anglicization as ALukungun@; see Randy Bouchard and Dorothy Kennedy (editors and annotators) 2002. Indian Myths and Legends from the North Pacific Coast of America: A Translation of Franz Boas= 1895 edition of Indianische Sagen von der Nord-Pacifischen Küste Amerikas. Translated by Dietrich Bertz for the British Columbia Indian Language Project, with a Foreword by Claude Lévi-Strauss. Vancouver, BC: Talonbooks (reprinted in 2003), p. 169.

4 Suttles 1990, p. 474. Aboriginal Affiliation of the James Bay Reserve 4 dialect of this language and occupied the area between Albert Head and Cowichan Head are known collectively as “Lekwungen.” A more detailed discussion of terminology and synonymy can be found in Appendix B. Aboriginal Affiliation of the James Bay Reserve 5

2.0 THE 1850 FORT VICTORIA TREATIES

The 1846 Treaty between Britain and the United States divided the northwest coast and assigned to Britain the area of Vancouver Island and the mainland north of the 49th parallel and south of . Three years later, in January 1849, Britain granted the Island to the Hudson’s Bay Company for a period of years, along with specified conditions. Included was the directive that the company’s plan for colonization would be conducive to the “protection and welfare” of the aboriginal peoples.5 Pursuant to this expressed intent, the HBC made a series of arrangements with the local aboriginal people that became known as the Fort Victoria Treaties. This section briefly summarizes these agreements to provide an historical context for the following sections relating to the identity of the aboriginal people with whom these treaties were made.

2.1 James Douglas= Treaties with the Aboriginal People The senior Hudson’s Bay Company officer on Vancouver Island was James Douglas, Chief Factor of Fort Victoria which was established in 1843. Douglas possessed considerable experience in the and was accustomed to dealing with aboriginal people. In the spring of 1850, arrived in the new Vancouver Island colony to take up his position as Governor,6 but resigned after only a year, following which James Douglas held the joint position of Governor and Chief Factor. The establishment of Fort Victoria in the midst of Lekwungen territory resulted in Douglas and other officials being familiar enough with the aboriginal people and their lands to distinguish those who were local from others who made the occasional and often troublesome visit to the newly established Fort Victoria. For example, a report to the Governor and Committee of the HBC from James Douglas and dated November 6, 1847 stated that: the >Sangies= [Songhees] who are encamped within the range of the Bastions and whose lands we occupy consider themselves as specially attached to the Establishment, and lately gave a convincing and useful proof of their attachment by taking up arms against a body of Indians [], who threatened to attack the Post in retaliation for a whipping inflicted on one of their

5 Vancouver Island Charter 1849. National Archives, London, England. Colonial Office (CO) 305/1, pp. 369-377.

6 Commission and Instructions to Richard Blanshard 1849. National Archives, London, England. CO 381/77, pp. 23-74. Aboriginal Affiliation of the James Bay Reserve 6

number, who was caught in the Act of breaking into the Stores.7

It was in Douglas= role as HBC Chief Factor that he first wrote to HBC Secretary Archibald Barclay and recommended that the lands of the local aboriginal peoples be purchased, in the interests of both justice and harmony. From the earliest days of non-aboriginal on Vancouver Island to the settlement of colonial British Columbia, local representatives of the British Crown recognized an obligation to protect the interests of the indigenous population. The Colonial Office in London did not take an active position regarding the affairs of indigenous people and encouraged the idea that the character of Indian Affairs must develop on the spot in the Colony. Since the imperial authorities knew little about the aboriginal people of this area, local officials largely dictated policy, albeit with occasional guidance from the Colonial Office. Douglas recommended to HBC Secretary Barclay in a despatch of September 3, 1849 that the Company Apurchase@ the aboriginals= lands, and that the aboriginal fisheries, village sites and enclosed fields be reserved. Douglas= despatch stated: some arrangement should be made as soon as possible with the native Tribes for the purchase of their lands and I would recommend payment being made in the Shape of an annual allowance instead of the whole sum being given at one time; they will thus derive a permanent benifit [sic] from the sale of their lands and the Colony will have a degree of security from their future good behaviour. I would also strongly recommend, equally as a measure of justice, and from a regard to the future peace of the colony, that the Indians Fishere's [sic], Village Sites and Fields should be reserved for their benifit [sic] and fully secured to them by law.8

Barclay responded with the following instructions to Douglas on December 17, 1849:

With respect to the rights of the natives, you will have to confer with the Chiefs of the tribes on that subject; and in your negotiations with them you are to consider the natives as the rightful possessors of such lands only as they are occupied by cultivation, or had houses built on, at the time when the island came under the undivided sovereignty of Great Britain in 1846. All other land is to be regarded as

7 James Douglas and John Work to the Governor, Deputy Governor and Committee, Hudson's Bay Company, 6 November 1847. Hudson’s Bay Company Archives (HBCA), Provincial Archives of Manitoba, . A.11/72, folios 22-30. Published in Fort Victoria Letters 1846-1851 (Hudson's Bay Record Society, Vol. XXXII, ed. by H. Bowsfield. Winnipeg: Hudson's Bay Record Society, 1979), p. 16.

8 James Douglas to Archibald Barclay, 3 September 1849. HBCA, A.11/72, folios 87-96d. Published in Fort Victoria Letters, p. 43. Aboriginal Affiliation of the James Bay Reserve 7

waste, and applicable to the purposes of colonization. Where any annual tribute has been paid by the natives to the chiefs, a fair compensation for such payment is to be allowed.9

Douglas proceeded with treaty-making, guided by Barclay=s advice that the extent to which he should follow this process Amust be left to your discretion.@10 Hence, Douglas concluded his first treaties, with the groups comprising the "Sangees" [i.e. Lekwungen], immediately after receiving these instructions. He would subsequently report to Barclay, on May 16, 1850, that: On the receipt of that letter, I summoned to a conference, the Chiefs and influential men of the Sangees Tribe, which inhabits and claims the District of Victoria, from on Arro Strait, to Point Albert on the Strait of De Fuca as their own particular heritage. After considerable discussion, it was arranged, that the whole of their lands, forming as before stated the District of Victoria, should be sold to the Company, with the exception of Village sites, and enclosed fields, for a certain remuneration, to be paid at once to each member of the Tribe. I was in favour of a series of payments to be made annually, but the proposal was so generally disliked that I yielded to their wishes and paid the sum at once. The members of the Tribe on being mustered were found to number 122 men or heads of families, to each of whom was given a quantity of goods equal in value to 17/ [shillings] Sterling, and the total sum disbursed, on this purchase ,103.4.0 Sterling at Dept. price.11

Douglas also indicated to Barclay in this letter that:

I informed the Natives that they would not be disturbed in the possession of their village sites and enclosed fields, which are of small extent, and that they were at liberty to hunt over the unoccupied lands, and to carry on their Fisheries with the same freedom as when they were the sole occupants of the country.12

The area from AGordon Head on Arro Strait to Point Albert@ was home to six groups of

9 Archibald Barclay to James Douglas, 17 December 1849. HBCA, A.6/28, folios 90d-92; British Columbia Archives (BCA), Victoria. A/C/20/Vi7A.

10 Barclay to Douglas, 17 December 1849, BCA, A/C/20/Vi7A.

11 Douglas to Barclay, 16 May 1850. HBCA, A.11/72, folios 246-247. Published in Fort Victoria Letters, p. 95.

12 Douglas to Barclay, 16 May 1850. HBCA, A.11/72, folios 246-247. Published in Fort Victoria Letters, p. 96. Aboriginal Affiliation of the James Bay Reserve 8

ASangees,@ identified in the treaties by the following names: Teechamitsa, Kosampsom, Swengwhung, Chilcowitch, Whyomilth, and Che-ko-nein. The identity of these groups will be discussed further in Section 4.1. below. The treaty with the people whose name Douglas transcribed as the "Kosampsom Tribe" was one of five treaties made on April 30, 1850; he had concluded his agreement with the “Teechamitsa Tribe” on the previous day.13 The text of this treaty with the Kosampson was common to the others, with the differences being in the descriptions of the lands, the amounts paid, and the signatories to the treaty. It read: Know all Men, We the Chiefs and People of the Kosampsom Tribe, who have signed our names and made our marks to this Deed on the 30th day of April one thousand eight hundred and fifty, do consent to surrender, entirely and for ever, to James Douglas, the Agent of the Hudson's Bay Company in Vancouver Island, that is to say, for the Governor, Deputy-Governor and Committee of the same, the whole of the lands situate, and lying between the Island of the Dead, in the Arm or Inlet of Camoson, [Halkett Island, in Selkirk Waters] and the head of the said Inlet, embracing the lands on the west side and north of that line to Esquimalt, beyond the Inlet three miles of the Coolquits [Colquitz] Valley, and the land on the east side of the arm, enclosing Christmas Hill and Lake and the lands west of those objects.

The condition of understanding of this sale is this, that our village sites and enclosed fields are to be kept for our own use, for the use of our children, and for those who may follow after us; and the land shall be properly surveyed hereafter. It is understood, however, that the land itself, with these small exceptions, becomes the entire property of the white people for ever; it is also understood that we are at liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly.

We have received in payment Fifty-two pounds ten shillings sterling. In token whereof we have signed our names and made our marks at Fort Victoria, on the thirtieth day of April, one thousand eight hundred and fifty.14

13 [Fort Victoria Treaties 1850 – 1852]. BCA, Add. Mss. 772, file 1. Copies without signatures printed in Papers Connected With the Indian Land Question, 1850-1875. Victoria: Government Printing Office, 1875, pp. 5-11 [cited in References section of the present report as British Columbia 1875]. Treaty with the Kosampsom, 30 April 1850, p. 6; Treaty with the Teechamitsa, 29 April 1850, p. 5.

14 [Fort Victoria Treaties 1850-1852]. Treaty with the Kosampsom; Papers Connected with the Indian Land Question, p. 6. Aboriginal Affiliation of the James Bay Reserve 9

Twenty-one men headed by "Hookoowitz," representing 105 individuals, signed the Kosampsom tribe=s treaty.15 In addition, on April 30th 1850 Douglas concluded an arrangement with the “Family of Swengwhung,@ signed by ASnaw-nuck and 29 others,@ and said to represent 183 individuals. Their lands, according to the treaty document, included Victoria Harbour and the area of what became the James Bay Reserve: the whole of the lands situate and lying between the Island of the Dead, in the Arm or Inlet of Camoson [Halkett Island, in Selkirk Waters], where the Kosampsom lands terminate, extending east to the Fountain Ridge,16 and following it to its termination on the Straits of DeFuca, in the Bay immediately east of Clover Point, including all the country between that line and the Inlet of Camoson.17

The treaties with the other Sangees [Lekwungen] groups were similar in wording, with only the geographical extent of the lands varying. Douglas advised Barclay, after he had negotiated the 1850 agreements, that he had collected signatures to which the deed of conveyance would be later added, once it had been received from Barclay: I attached the signatures of the native Chiefs and others who subscribed the deed of purchase to a blank sheet, on which will be copied the contract or Deed of conveyance, as soon as we receive a proper form, which I beg may be sent out by return of Post.18

15 [Fort Victoria Treaties 1850-1852]. Treaty with the Kosampsom.

16 Joseph Pemberton=s 1851b map shows the Fountain Ridge, as archaeologist Grant Keddie points out, “represented by Smith Hill to the north of Hillside Avenue and west of Cook Street, the high area east of Craigdarrock Castle, and Gonzales Hill@ (see Grant Keddie 2003. Songhees Pictorial: A History of the Songhees People as Seen by Outsiders, 1790 – 1912.Victoria, BC: Royal BC Museum, p. 52). However, a typographical error in this book (Keddie 2003, p. 28) identifies this map as A1854,@ instead of 1851. Moreover, the ridge is illustrated only on the full version of Pemberton’s 1851b map (not shown on p. 28 of Keddie’s book), the title and source for which is: Victoria and Districts Sheet No, 1. HBCA, G.1/131(N8362). The partial reference given in Keddie (2003, p. 28) is to a second version of the map held in Victoria and identified in the present report as: J.D. Pemberton 1851c. Victoria District & part of Esquimalt. Mpas and Plans Vault, Surveyor General Branch, Land Title & Survey Authority of BC, Victoria. L Locker 5, No. 108577 and 108578.

17 [Fort Victoria Treaties 1850-1852]. Treaty with the Swengwhung, 30 April 1850. Copy without signatures printed in Papers Connected with the Indian Land Question, p. 6.

18 Douglas to Barclay, 16 May 1850. HBCA, A.11/72, folios 246-47. Printed in Fort Victoria Letters, p. 96. Aboriginal Affiliation of the James Bay Reserve 10

More than three months later, in August of 1850, Barclay forwarded to Douglas a copy of a Aform of contract or Deed of Conveyance to be used on future occasions when lands are to be surrendered@ that apparently had been used in New Zealand.19 The wording of the document is remarkably similar to the text that appears with the Fort Victoria treaties. It is not clear if Douglas had prior knowledge of the treaty language, or if he actually filled in the conveyance document later, as he advised he was going to do once the treaties were completed.20 The version of the treaties held by the BC Archives appears to show all the X marks denoting signatures having been made by the same hand. HBC employees and J.W. McKay witnessed the treaty dated April 29, 1850, while McKay and A.R. Benson signed the deeds of April 30, 1850.21 Douglas conducted both days= agreements at Fort Victoria.

2.2 Summary In April 1850 James Douglas made a series of treaties with six “tribes” or Afamilies@ of the ASangees,@ people who, according to Douglas, owned the lands between AGordon Head on Arro Strait to Point Albert.@ ASangees@ was Douglas= transcription for the people known as ASonghees@ or ALekwungen.@ Each of these treaties associated a named group of Lekwungen C Teechamitsa, Kosampsom, Swengwhung, Chilcowitch, Whyomilth, and Che-ko-nein C with a discrete area. Lands associated with the AFamily of Swengwhung@ embraced Victoria Harbour including the James Bay Reserve site, the future location of the British Columbia Legislative Buildings. All the treaties concluded at Fort Victoria in 1850 were similar in wording, with the geographical extent of the lands, and certainly the amount of pounds sterling Apayment@ received, varying from one agreement to another. While the six ASangees@ treaties did not enumerate all the village sites to be reserved, they did mandate that as a condition for the surrender of the aboriginal groups= territories, the groups= village sites were to be reserved. Douglas told the Lekwungen that their enclosed fields were also reserved for aboriginal use, and that they were free to hunt and fish throughout the unoccupied lands “as formerly.”

19 Barclay to Douglas, 16 August 1850. BCA, A/C/20/Vi7. See also Fort Victoria Letters, p. 96 fn 2.

20 Douglas to Barclay, 16 May 1850. HBCA, A.11/72, folios 246-47. Printed in Fort Victoria Letters, p. 96.

21 [Fort Victoria Treaties 1850 – 1852]. Aboriginal Affiliation of the James Bay Reserve 11

3.0 LEKWUNGEN SOCIAL ORGANIZATION

In April 1850 James Douglas called before him at Fort Victoria members of the ASangees@ with whom he arranged conveyances for their land in exchange for varying amounts of pounds sterling, given in the form of blankets. Though Douglas identified these aboriginal people collectively as ASangees@ (or used similar transcriptions in an attempt to write the Northern Straits term sćáηcs), they divided themselves into six constitutent groups of ASangees@ people that Douglas described both as Atribes@ and Afamilies,@ without clarification. Douglas recognized a relationship between the “Sangees Tribe” and the component Atribes@ or Afamilies@ he identified as the Teechamitsa, Kosampsom, Swengwhung, Chilcowitch, Whyomilth, and Che-ko-nein, despite his ambiguous use of terminology and his failure to appreciate the intricacies of Coast Salish social organization, as will be discussed in the following section. This question of the relationship of the constituent groups forming the ASangees@ and the described treaty territories was examinded by anthropologist Wilson Duff in a 1969 article entitled AThe Fort Victoria Treaties.@ In this article, Duff postulated that James Douglas made certain working assumptions in order to formulate the Victoria Treaties: 1) that Afamilies or tribes@ were the corporate groups who Aowned@ the lands; 2) that each named group owned a single tract whose boundaries could be defined; 3) that ownership was exclusive; and 4) that all land was owned by one or the other of the named groups. Duff concluded that Douglas= assumption concerning the unit of ownership reflected Aethnographic absurdities@ not conforming to the aboriginal reality, a situation far more complex than suggested by Douglas= land divisions and his association of discrete territories with each of the six named groups. Duff also concluded in his analysis concerning the reduction in Lekwungen groups that: Even if we can no longer discern the separate subgroups of the Songhees, we can assume that they amalgamated as they declined and pooled their inheritance, so that it cannot be said that they have become extinct.22

To better understand Duff=s conclusions, I present in the following section a summary of Central Coast Salish (see Appendix B for a discussion of terminology) social organization, with the

22 Duff 1969, pp. 53-54. Aboriginal Affiliation of the James Bay Reserve 12 objective of identifying the social and political structure of the aboriginal society whose members were signatories of the Fort Victoria treaties. I begin with a discussion of kinship to clarify how Coast Salish people reckoned their relationships to other individuals. This is followed by a brief look at the predominant theory for the region=s social organization, followed by a review of residential and non-residential groups within Central Coast Salish society. Also examined in this section are concepts of property

3.1 Reckoning Kinship Central Coast Salish kinship terminology was reckoned bilaterally, meaning that an individual counted as kin all blood relatives on both his or her mother=s and father=s sides. Those counted within any particular individual=s personal kindred C the self-focussed group comprised of relatives on both sides of the family C were therefore a reflection of the extent of an individual’s own genealogical knowledge. Expressed marriage prohibitions generally applied to individuals addressed as kin and usually extended to at least second cousins, and sometimes more. Relationship terms among the Central Coast Salish could be applied specifically to cousins, or to individuals whose ancestor was in a cousin relationship to one=s own, if such a relationship was known and kinship wished to be acknowledged. This was facilitated by the classifactory nature of Central Coast Salish “kinship terms,” for a single term could include a number of biological and putative relationships, particularly between individuals linked though a relationship several generations past. An individual recognized kinship with a great many people, some of whom were acknowledged relations, even though the precise genealogical linkage was no longer known. Conflation of ancestors and missing links did not mean that recognition of kinship was not continued, for kinship in this area draws also on a sense of relatedness that coexists with a precise ordering of biological ties reaching into antiquity.23 We are reminded that kinship knowledge shapes the world as well as reflects it. The recognition of kin, regardless of the passing of time or the elusiveness of the biological bond, invokes feelings of rights and obligations. The acknowledgement of kinship carries with it the possibilities of sharing or not sharing a bundle of social and moral qualities that go beyond our Western notions of “biological” relationship or a social relationship established through marriage. Kinship flows less from learning by rote the linkages of who begat whom, than from internalizing conceptions of these individuals gained from the expression of a social act

23 Dorothy Kennedy 2000. Threads to the Past: the Construction and Transformation of Kinship in the Coast Salish Social Network. Doctorial Thesis. Exeter College, Universityof Oxford. Aboriginal Affiliation of the James Bay Reserve 13 appropriate to the recognition of kinship. It is a sense of relatedness that is celebrated during ceremonials when the longhouse Speaker refers to the broad web of kinship that unites the assembled people, and addresses the gathering using an indigenous term that translates equally as Afriends or relatives.@ And it is this putative sense of commonality of ancestry that a contemporary Coast Salish individual invokes today when addressing distant or obscure kin, using English kinship terms generally reserved for closer relations, or by accepting, without question, the discovery of relationship when another family announces their use of an ancestral name considered one=s own antecedent. There is a willingness to accept kinship, for it offers a certain sort of affective life, one in which a commonality of purpose and good relations can be found. Kinship also provided the avenue for mobility. Coast Salish people sometimes established new village membership by invoking a kin link with a present or former member of the settlement in which they wished to reside. It would be highly unusual for a total stranger with no kinship connection to show up seeking permanent accommodation or access to specific resources. Those who did not approach openly and establish their kinship were particularly suspect. Few occasions brought together people with no previous contact. An individual’s travels usually took him or her to visit kin, regardless of how distant a relationship was being invoked and accepted. Thus, it is partly this sense of relatedness that permits Lekwungen people to acknowledge kinship with previous generations who resided in Lekwungen villages that are no longer extant. There is an unshakeable presumption that these people, too, were kin of some description, for as reviewed in this report, they were speakers of the same language, and fellow members of individual social units, the total of which constituted the Lekwungen tribe.

3.2 The Prevailing Theory of Coast Salish Social Organization Wayne Suttles proposed in the 1960s what has become the prevailing theory of Coast Salish social organization. Suttles argued persuasively that in order for Coast Salish families to protect themselves from sporadic and unpredictable shortages in their food supply C and from other groups who may have coveted these same resources C Coast Salish society divided itself into localized units integrated by a regional network that served to redistribute people and food throughout the larger area. The existence of the social network linking people throughout the region, Suttles pointed out , “does not mean that the local groups, villages or tribes were simply temporary collections of people.” These residential groups, regardless of how transparent their boundaries might Aboriginal Affiliation of the James Bay Reserve 14 sometimes appear, comprised the groups that Suttles called “the other side of the coin” in the social network: an association with localized resources, along with access to a more expansive non-local resource base.24 Both were important. The strategy for extending one’s resource base was accomplished by the common acknowledgement of rules that associated individuals with localized groups that through the act of marriage and patterned exchange, linked such groups residing in different communities, where other resources might be available. Village-exogamous marriage (that is, marriage outside of one=s own village) and a preference for patrilocal residence (the bride and groom living in his home village) provided an adaptive response to an environment in which resources were subject to long-term fluctuations in abundance and availability. It also provided children of the marriage access to the inherited property associated with two distinct families, and at least two distinct geographical areas. Rights established by birth included visiting and potentially harvesting resources in another village, or, if necessary, relocating to another village, usually the home community of one=s other parent, but sometimes one=s grandparents. Kinship guided one’s options.25 Nevertheless, a person=s primary association was with the village group with whom they resided, especially for men of high status, who tended to live in their natal village. My statistical research relating to the frequency and intensity of marriage relations in Central Coast Salish society found support for Suttles= theory. Both exogamous marriage and patrilocal residency were demonstrably the pattern for this part of the Northwest Coast.26 It was this social network established by marriage that permitted the flow of people, goods and information. Even so, it was an individual=s association with a localized area that created the hubs in the network C the two sides of the coin. Such hubs were one of several forms of social groups based on residence.

24 Kennedy 2000 cites Suttles’ analogy of the “two sides of the coin” which he first presented in his 11 February 1992 testimony provided to the court in Regina v Fraser, Provincial Court of British Columbia, Hope Registry. File No. 8280C. 25 Wayne Suttles 1960. Affinal Ties, Subsistence, and Prestige Among the Coast Salish. American Anthropologist, Vol. 62, No.2, pp. 296-305; Suttles 1963. The Persistence of Intervillage Ties Among the Coast Salish. Ethnology, Vol. 2, pp. 512-525; Suttles 1968. Coping With Abundance: Subsistence on the Northwest Coast. In, Man the Hunter, edited by Richard B. Lee and Irven Devore, pp. 55-68. Chicago: Aldine; Suttles 1987b. Cultural Diversity Within the Coast Salish Continuum. In, Ethnicity and Culture, edited by Reginald Auger, Margaret F. Glass, Scott MacEachern, and Peter H. McCartney, pp. 243-249. , : Archaeological Association, University of Calgary. 26 Dorothy Kennedy 1995. Looking for Tribes in all the Wrong Places: An Examination of the Central Coast Salish Social Network. M.A. Thesis, Department of Anthropology, University of Victoria; Kennedy 2000. The Construction and Transformation of Kinship within the Coast Salish Social Network. Doctoral thesis in Anthropology, University of Oxford, England. Aboriginal Affiliation of the James Bay Reserve 15

3.3 Central Coast Salish Social Units In Central Coast Salish society there were several social groups based on residence: the independent household; the extended family or household; the local group; the village; and the tribe. There was also a non-localized group whose membership was based on descent. This latter group could include people speaking a different dialect. Each of these groups is discussed, in turn, below. The independent household consisted of those people who occupied each section of the cedar plank house (also called a bighouse, smokehouse or longhouse). This was a fundamental social and economic unit, for the independent family obtained much of its own food and sometimes went its own way during the summer months, though the family unit was not self-sufficient. In the event of a quarrel with other members of the extended household C families with whom they shared a bighouse and with whom they were related through males or females, either closely or distantly C the independent family and their dependants could remove their boards from the house and move.27 The easily-dismantled shed-roof house, Suttles observed, was well suited to a variable village occupancy, for it could be expanded with the addition of poles and planks, or reduced in size by their removal.28 While village occupancy was potentially fluid, individuals had available to them specific options for establishing alternate residences. Still, an attachment to place kept people well distributed across the landscape. In the Central Coast Salish area, aboriginal personal property included one's own , weapons, implements, and slaves. Women and children owned property independently of men and parents, and had the right to amass, trade or dispose of their property as they saw fit. The independent family was embedded within a larger matrix of social relations, both with other members of the household and with other villages. The residents of the household frequently shared food and meals, and cooperated in some social, economic and ceremonial activities vis à vis other households in the village, but these activities were not necessarily restricted to a household. Commonly, a successful hunter shared food with the village at large, helping to foster group cohesion, an important objective for promoting mutual defence. Household heads, high-

27 Diamond Jenness 1934-1936c. The Saanich Indians. Canadian Museum of Civilization, Hull, Quebec. Ethnology Service Archives. Manuscript 1103.6, p. 54.

28 Wayne Suttles 1991. The Shed-roof House. In, A Time of Gathering: Native Heritage in Washington State. Seattle: University of Washington Press. P. 216. Aboriginal Affiliation of the James Bay Reserve 16 class men known to the Lekwungen as si§έm’29 (a term usually glossed as >a high-class person; headman, leader, or chief=), often pooled their occasions requiring public validation and jointly hosted to which members of other communities were invited.30 Thus, ceremonialism also served to define the residential group and to create and maintain intergroup relations. Lekwungen local groups became ritual units at the time of the first salmon catch; again, the headman hosted the ceremony on behalf of those who fished with him.31 In Central Coast Salish society, elite households consisted of a core group of blood relatives who believed themselves descended from some illustrious ancestor and inheritors of an assortment of names and prerogatives that were exercised only by the family. Within Lekwungen society, this group was known as xwnccálckwcŋ, which has been glossed as >one blood or family; family; enlarged or genealogical family.=32 Anthropologists commonly call this a cognatic descent group, meaning that the group is composed of descendants of an apical ancestor who are blood relations connected through either the male or female line. Jenness called the localized members of this group a AHouse,@ and compared it to Houses of European royalty, such as the AHouse of Windsor.@ But while this group consisted locally of a male-focused stem lineage, this group could include some members, particularly out-marrying women, who lived in other villages. Active full membership, however, required not just kinship but residency, participation, and the possession of an ancestral name belonging to the group. Names, along with genealogical knowledge, myths, magical incantations and certain songs were some of the intangible property owned by this family or lineage group, that is, the cognatic descent group. Some of the most important resource sites, such as fisheries, or the traps or nets used at fisheries, beds of camas or fern root, could also be owned by these families and managed by the headman. This form of property transferred bilaterally within the descent group, down through the generations. In the event that a resident group died out, or more likely lost its patrilocal core, more distantly-related kin might claim an interest in the group’s property, both real and non-corporeal, as residency was but one of the operational criteria for group formation.33

29 The phoneme that is represented throughout Suttles’ works sometimes as /e/ and sometimes as /ε/ is represented in the present report as /ε/, for purposes of consistency.

30 Suttles 1960, p. 299

31 Boas 1891b, pp. 16-17.

32 Jenness 1934-1936c, p. 52; Franz Boas [1886]. [Lkuñg‘!n•n Vocabulary]. National Anthropological Archives, Smithsonian Institution, Washington, DC. Manuscript No. 712-c; Suttles, in Kennedy 2000. 33 Today, this practice is most obvious in the activation of rights to certain types of highly-valued property, such as the right Aboriginal Affiliation of the James Bay Reserve 17

Such a House or cognatic descent group (also called a stem lineage) could form the nucleus of a local group. There is some suggestion in the ethnographic literature that Aat the beginning of time@ each village consisted of one such group, or at least this was the ideology that associated particular groups with specific places. Over time, the affiliation of such elite members gave the settlement its identity, despite the tribal affiliation of in-marrying spouses and dependant households. Early anthropologists used other terms to refer to these same localized collections of people. Franz Boas in 1886-1887 initially used the German term Familien >families= to refer to the constituent groups within the Stämme >tribes,= including those comprising the Lekwungen.34 Later, Boas used the term “gens” (and Aclans@) in his report on the , and the plural form “gentes” in his report on the Songish, where examples provided indicate these terms were again applied to localized groups.35 Some local groups were synonymous with the winter village, while others owned specific summer or seasonal sites and shared a winter site, each group retaining its autonomy and occupying its own section of the village. For example, the Lekwungen people’s Bay village at certain times of the year (at least in the mid-1800s), comprised several named groups, according to Jimmy Fraser’s information recorded by Wilson Duff.36 During the warmer months, the constituents of these aggregates likely dispersed to their own summer/autumn sites, some of these in the Victoria area and others on San Juan Island. People with special skills might go their own way to obtain the speciality items they needed, and some went to especially productive places owned by their descent group. Boas referred to such places when he reported that the Lekwungen were divided into Agentes,@ Aeach of which owns a certain coast-strip and certain river-course in which they have the exclusive right of fishing, hunting and picking berries.@37 to use a sxwayxway mask or a rattle (Kennedy 2000). Families now place less emphasis on the correlation of prerogatives and residency than appears to have been the situation in more aboriginal times. 34 Franz Boas 1887b. Zur ethnologie Britisch-Kolumbiens [translated into English as AOn the Ethnology of British Columbia@ in March 1979 by Erik Hammerum for the BC Indian Language Project; includes map showing distribution of Indian tribes on Vancouver Island and the ]. Petermanns Geographische Mitteilungen 3, No.5. Gotha, Germany: Justus Perthes [map reprinted in Bouchard and Kennedy 2002, pp. 56-57]. P. 133.

35 Franz Boas 1889. Notes on the Snanaimuq, American Anthropologist, Vol. 2, p. 324; Boas 1891b, p. 569.

36 Wilson Duff 1951. [Straits fieldnotes, Notebook No. 11, STR-W-001; Songhees notes from Jimmy Fraser]. Originals held by Royal BC Museum, Victoria. Wilson Duff Collection, File 50. 37 Boas 1891b, p. 569. Hill-Tout (1907:308) writes, that the distinguishing feature of the Northern Straits people, as opposed to the Island Halkomelem, "is that the first have separate and exclusive fishing, hunting, root and berry grounds." Hill-Tout does not offer any information on what defined the unit of exclusivity, and his data relating to Halkomelem is contrary to other reports. Aboriginal Affiliation of the James Bay Reserve 18

Examples from throughout the Coast Salish area reveal that owned property could include sturgeon and salmon fishing sites, clam beds, cranberry bogs, wapato ponds, Indian carrot plots, camas grounds, egg-gathering sites, waterfowl refuges, bear-hunting areas, sea mammal hunting sites, and mountainous areas where mountain goats were hunted. Often these resources involved harvesting technology difficult to make or to acquire. Still, such places were not the large contiguous and expansive territories that James Douglas associated with each of the named “Sangees” treaty groups, but rather specific places or somewhat discrete stretches of riverbank or coastline. Examples of sites associated with specific local groups can be seen in other areas occupied by Central Coast Salish people. The snәnә´ymәxw (anglicised as “Nanaimo”) in the mid-1800s, occupied a territory that included the shores of Vancouver Island from Horsewell Channel to Dodd Narrows, including the offshore islands and the drainage of the Nanaimo River. Five named local groups comprised the Nanaimo. One had its winter village on , while the others jointly occupied a winter village on Departure Bay, each retaining its own section of the site. Each of the five groups had a place on the Nanaimo River, where they fished at a single weir, and all had camps on False Narrows and Gabriola Island. Hence, the specific places associated with each of the Nanaimo local groups were owned sites of cultural significance scattered within a larger area recognized as Nanaimo territory. This total area, the tribal territory, was not simply divided into five pieces. It seems clear that the named groups were five divisions of a single people, each group focused around a descent group that held specific property within the tribal area. Together, nonetheless, these people formed the snәnә´ymәxw and recognized a territory as their own. Ethnographic data elicited among the Central Coast Salish indicate that others wishing to use owned resources needed to seek permission from an elite member of the group, often the resource site owner or manager. In the case of the Nanaimo, it was the headman of the highest- ranking local group who managed the Nanaimo River fish weir and the distribution of its catch. Many individuals seeking permission to use the weir would be kin of some type to whom permission would not generally be refused. Most ethnographic reports are vague on this point, however, and aboriginal consultants usually state that permission to anyone, kin or not, would never be refused. They promote the idea that all subscribed to the moral principle that sharing was desirable, but extant examples tell another story, one in which the level of generosity is governed by social distance and relative status. Especially welcome at owned resource sites were those persons with the necessary kin-based ties that brought together people from dispersed areas. Marriage was the usual method for acquiring subsidiary access to resources beyond one=s own village, at least for those of high status. While trespass could occur, reactions to trespass Aboriginal Affiliation of the James Bay Reserve 19 varied, and were likely coloured by the balance of amity between the groups at any particular time. The winter village consisted of one or more houses. Sometimes, the village and local group were synonymous, but the village could consist of several such groups wintering together. Both situations were present in the Nanaimo example given above. While there were no precise boundaries setting out village districts, occupants of villages took a general proprietary interest in lands and waters near their villages and would unite to repel strangers or interlopers with physical force.38 Males tended to remain resident in their birth village, despite there being no fixed rule concerning post-marriage residency. A village generally contained people ranked as elite, commoner, or even of low-class, and some individuals who had been bought or taken captive, were slaves. Individuals considered to be low- class people sometimes occupied spatially-distinct communities, either at ends of villages or in exposed locations where they would take the brunt of an enemy attack. Such low-class villages occasionally lacked fortification and had no warriors among their residents, or consisted of villages whose residents had moved to less productive areas where they could not obtain the resources to improve their social position. Anthropologists on the Northwest Coast apply the term “tribe” to a cluster of villages sharing a name and territory, and often a dialect or language, along with social unity expressed in common traditions and history. Thus, the Lekwungen (i.e, ASonghees,@ including members of both the Songhees and Esquimalt Bands) are recognized as a Central Coast Salish tribe. Member villages shared a dialect of the lck&wcηíncη language that distinguished them from other speakers of this same language.39 They recognized themselves as the residents of a number of villages that extended from roughly Albert Head to Cordova Bay, and users of a territory that included this portion of Vancouver Island and parts of San Juan Island. Tribal cohesiveness within the Central Coast Salish was discernible at some summer camps, such as those on the lower , where summer settlements corresponded to tribal divisions. For example, the Nanaimo occupied a camp separate from the Cowichan. Seasonal aggregates among the Central Coast Salish were not necessarily restricted to single tribes, although within larger aggregates, individual tribes seemed to have retained their autonomy during the period of

38 Michael Kew (1979:4). Testimony regarding Musqueam presented to the Court in Guerin v Regina, cited in Kennedy 2000.

39 Contemporary linguistic research among the Northern Straits that has confirmed dialectical distinctions with the language includes the work of Wayne Suttles, Larry and Terry Thompson, Marjorie Mitchell, Barbara Efrat, Randy Bouchard, Timothy Montler, and Yolanda Raffo. Aboriginal Affiliation of the James Bay Reserve 20 aggregation. Among the peoples identified by anthropologists as Central Coast Salish, the tribe was the highest level of named group. The hierarchy of local group/village/village-cluster or Atribe@ was not manifested in all areas: as noted above, sometimes local group and winter village were synonymous, while in other areas winter villages were aggregates of local groups; and in some places, the tribe consisted of a single village. The line separating the territory of one Coast Salish tribe from another was vague, anthropologist Homer Barnett40 commented, in part because interest centred not on the boundedness of an area, but on the locations of conveniently-located places within the larger area, and on those owned sites that were visited annually in a more or less predictable seasonal round. Still, over the years, non-aboriginal observers, including anthropologists, have recognized tribal entities within the Central Coast Salish as well as a territory associated with each tribe. Moreover, tribal members have articulated the extent of a tribe’s territory when asked by anthropologists to do so. One of these tribes is the Songhees or Lekwungen.

3.4 Lekwungen Political Structure The head of a high-status Lekwungen household, usually the senior man in a group of brothers and sometimes sisters, was recognized by others as a leader because of his seniority, skills and wealth, and therefore gained more influence than others. Through his oratory and influence, especially that acquired through potlatching, such a man established political influence used in settling disputes and promoting a particular household=s or village=s interests. Such men also carried the most illustrious ancestral names. Europeans recognized and referred to them as Achiefs.”

In the mid-1800s, a leading Lekwungen man was …cyέ{cq 41 (given as Chee-althluc, Chea-clach, Tsil-al-thack, Tseatluck), known to the Whites as AKing@ or AChief@ Freezy (Freizie, Freezi, Freese), whose curly hair led to his English name. William Hills on the Virago wrote in April 1853 with respect to the ASongas tribe@: ATheir principal Chief is Freesey. . . A.42 Freezy died on November 11th, 1864. The British Colonist newspaper of that date reported under the headline

40 Homer Barnett 1955. The Coast Salish of British Columbia. University of Oregon Monographs, Studies in Anthropology 4. Eugene, Oregon: University of Oregon Press (reprinted in 1955 by Greenwood Press, Westport, Connecticut). P. 18.

41 Suttles 2001a: pers. comm. provides this transcription.

42 William J. Hills 1852-1853. [Journal Kept on Board HMS Virago]. Mitchell Library, Sydney, Australia. Ms. No. 1436/1 (copy held by the University of BC Library, Vancouver, AW1 R7720). P. 138. Aboriginal Affiliation of the James Bay Reserve 21

ADeath in a Royal (Siwash) Family C King Freezy is no more,@ the fact that they had been alerted to the death by A>Jim” who has assumed the sceptre and now wears the Songhees Crown. . [email protected] It was another ten years before the Songhees’ choice of leader was Aofficially@ acknowledged. The newly appointed Indian Commissioner for BC, I.W. Powell, certified in 1874 that ASk=hy-ax or Jim has always been considered Chief of the Songhees Indians. He is now authorized by me to act as guardian to his Tribe. . . @.44 The 1876-1877 census compiled by George Blenkinsop for the Joint Indian Reserve Commission also listed AJim Ski.ax@ as the Songhees Chief, and for the Esquimalt, now a separate Band, a man named ANe-Kay-milt@ was identified as Chief. 45 AJim Sk‘x,@ said to be 50 years old, continued to be recognized as the Songhees Chief in the 1881 Canada census. Chief Jim was also known as James “kumέyәks” 46 (a name that appears in the records with various transcription, including Scomiak, Scomiax, Somiax and Kumayuks). In 1881 at Esquimalt, ATsil.Kar.milt,@ now said to be a 40 years old, was listed as Chief.47

3.5 Lekwungen Social Units and Their Property James Douglas in 1850 described “Sangees” [Songhees] territory as extending between AGordon Head on Arro Strait to Point Albert [Albert Head].@48 In April 1853, Paymaster William Hills aboard HMS Virago identified Athe Songas tribe@ as the people Awho occupy all this corner of the Island, from about the Race Islands [Race Rocks] to a few miles up the Canal de Haro [],@49 an area corresponding well to Douglas= own 1850 description. Anthropologists have also recognized the Lekwungen as a distinct tribe possessing a territory with these same general parameters. Franz Boas wrote: AThe Lku!ñgen are generally known by

43 The British Colonist, 11 November 1864. Death in a Royal (Siwash) Family C King Freezy is no more.

44 I.W. Powell 1874. [Statement re: Chief Jim Sk=hy-ax, 6 October 1874]. National Archives of Canada (NAC), Ottawa. RG 10, Vol. 3690, File 13,886-4.

45 George Blenkinsop 1876-1877. Census of Indian Tribes, Winter 1876-1877 [Joint Indian Reserve Commission]. NAC, RG 88, Vol. 494.

46 Duff 1951, file 50.

47 1881 Canada Census.

48 Douglas to Barclay, 16 May 1850. HBCA, A.11/72, folios 246-247. Published in Fort Victoria Letters, p. 95.

49 Hills 1852-1853. [Journal]. Aboriginal Affiliation of the James Bay Reserve 22 the name of Songish. They inhabit the south-eastern part of Vancouver Island.@50 While Charles Hill-Tout did not explicitly identify the overall territory of the ALekúñEn septs,@ he noted locations of the Lekwungen villages extending from Parry Bay to .51 Wilson Duff described the territory of the Lekwungen or Songhees winter villages as extending from Albert Head to Cordova Bay.52 This is also consistent with Wayne Suttles= recent practice of describing the ASonghees@ as Athe series of local groups whose territory included the southeastern end of Vancouver Island from Albert Head to Cowichan Head and the western side of San Juan Island.@53 A Central Coast Salish tribe did not have a formal structure similar to a European political system, but collective interests were pursued through personal influence and oratory. Suttles suggests that in some parts of the Central Coast region the tribe acted as a unit of defence.54 The fact that people felt closer to fellow tribal members than to non-kin members of other tribes is reflected in the Lekwungen=s view that they would be held responsible for any Lekwungen person=s insult. As Boas learned from the Lekwungen: If a man has offended a foreign tribe, all members of his own tribe are liable to be seized upon, being held responsible for all actions of any one member. Therefore, it is considered condemnable to offend a member of a foreign tribe, and when, for instance, a man has stolen something from a foreign tribe, and is found out by his own people, the chief will compel him to return the stolen property.55

The idea of rigid boundaries demarcating large sections within Lekwungen territory C as James Douglas sought to ascertain for the purpose of treaty making C did not represent how the Lekwungen or other Central Coast Salish people conceptualised land/resource ownership or use. Villages and other named sites were hubs of cultural significance, and some places, and even strips of river or shoreline, were undoubtedly associated specifically with an individual cognatic

50 Boas 1891b, p. 562.

51 Charles Hill-Tout 1907. Report on the Ethnology of the South-eastern Tribes of Vancouver Island, British Columbia. Journal of the Royal Anthropological Institute of Great Britain and Ireland 37 (July-December). London. P. 306.

52 Duff 1969, pp. 4-5.

53 Wayne Suttles 2001a. Personal communication from Wayne Suttles, Friday Harbor, Washington, to Dorothy Kennedy and Randy Bouchard, concerning Songhees.

54 Wayne Suttles 1998b. The Ethnographic Significance of the Journals. In, The Fort Langley Journals, edited by Morag Maclachlan. Vancouver BC: University of British Columbia Press. P. 185.

55 Boas 1891b, pp. 570-571. Aboriginal Affiliation of the James Bay Reserve 23 descent group. These places were managed by the headman on behalf of the local group, the assemblage of resident family and dependant households. Additionally, individuals recognized their affiliation with a particular tribe and an associated territory, a collective that Douglas called the “Sangees,” his transcription of the term anglicized also as “Songhees.” Though it can no longer be known with certainty whether the groups identified by earlier anthropologists Boas, Hill-Tout, Duff and Suttles (see Section 4.0) were actually villages or local groups, these scholars all recognized that a number of named residential groups together comprised a tribal unit called Lekwungen (or Songhees). Douglas looked for ownership in expansive territories that would collectively cede the lands of the “Sangees.” The Lekwungen people, however, in accord with the way Central Coast Salish people occupied land, recognized descent group ownership of prized resources and the sites associated with them, a general proprietary interest in the lands of the village, and a consciousness of interest in the territory of the Lekwungen tribe. It is therefore likely that each of the six groups recognized by James Douglas did have interests within the specific geographical areas Douglas associated with each group. As Duff noted in his 1969 examination of the treaties: [Douglas] had to create a set of working assumptions about the Indians which would serve his legal purpose and still be acceptable to them. The Songhees, in a sense, helped to frame these assumptions; at any rate, they divided themselves into the groups which they considered relevant for the purpose and provided answers to the question “Who owns this part of the land?”56

It is not plausible, however, that all of a local group’s interests were situated within the specifically-defined geographical area, or that a specific local group would have the expansive and exclusive type of territory that Douglas delineated. Nevertheless, the available ethnographic data permit us to be confident that the totality of the lands James Douglas associated with the “Sangees tribe” is consistent with that recognized by Lekwungen (or “Songhees”) people interviewed subsequently by anthropologists Boas, Hill-Tout, Duff, and Suttles as being their tribal territory. It is apparent that Lekwungen people’s views on what constituted the tribal territory did not change during the historic period, despite the reduction in the overall number of local groups, and despite their recognition that certain individuals were known to be among the last representatives of formerly vibrant local groups. Nor is there any tradition of Lekwungen territory being taken over by a neighbouring group, such as occurred with the Sooke, who through hostile means gained hold of the Sooke River, and thereafter abandoned Pedder Bay to

56 Duff 1969, p. 52. Aboriginal Affiliation of the James Bay Reserve 24 the Clallam.57 Instead, the territory that James Douglas described as belonging to the “Sangees” was the same territory that Wayne Suttles delineated for these people one hundred years later. Douglas found the Lekwungen in a reduced state from what they had been formerly. This seems clear from subsequent research that reported the names of additional groups apparently no longer viable in 1850 when the “Sangees” divided themselves into six groups for the purpose of the treaties. Yet, it seems apparent that the coalition of people at central locations did not terminate a group’s association with sites where they no longer maintained seasonally-occupied residences. As recently as the 1960s, when Wilson Duff interviewed Lekwungen members Sophie Misheal and Ned Williams, these elders identified a few individuals whose ancestors had been associated with specific sites within Lekwungen territory. Mrs. Misheal and Mr. Williams also suggested that some named local groups had no descendants known to them. Of course, it is not known if other Lekwungen people recognized themselves as direct descendants of these now-moriband groups, such as the Teechamitza. Yet, the demise of small local groups did not mean that Lekwungen people recognized holes in the overall Lekwungen tribal territory resulting from the loss of groups who held special rights to particular stretches of shoreline or riverbank. Such places continued to be regarded as culturally- significant sites within an inclusive territory that could be used freely by all the Lekwungen and their descendants.

3.6 Early Contact with Europeans Spanish explorers in the early 1790s reported seeing villages or encountering aboriginal people in the area now recognized as Lekwungen traditional territory, including Parry Bay, Rodd Hill, Esquimalt Harbour, Juan de Fuca Strait, and likely around the Gordon Head area. The ships did not enter Victoria Harbour. The only indigenous name recorded for any place within this area was a term applied to Esquimalt Harbour that is now not recognizable. Few historical documents remain from explorers or traders who may have encountered the Lekwungen between the first years of exploration in the early 1790s and the establishment of Fort Victoria in 1843. Documentary records describing other parts of the coast indicate that this time was a period of intertribal hostility, largely provoked by the Lekwiltok from northeastern Vancouver Island who killed, enslaved or plundered those to the south of them, including the Lekwungen. On one such raid, the northern aggressors took a young boy who was traded further

57 Suttles 1951. Aboriginal Affiliation of the James Bay Reserve 25 north as a slave. Sixty years later, and now an old man, the slave finally escaped back to Victoria, his story then recounted in an 1884 newspaper account.58 The Cowichan also raided the Lekwungen. The Fort Victoria journal recorded how a party of Songhees and Clallam warriors went on an expedition to Cowichan to revenge the earlier death of one of their own people.

3.7 Summary The aboriginal ALekwungen@ or ASonghees@ (today=s Songhees and Esquimalt First Nations) are a Central Coast Salish people who lived in a cluster of villages or local groups extending approximately from Cordova Bay to Albert Head. They spoke a dialect of the lck=wcηíncŋ language, identified by linguists as ANorthern Straits,@ and shared by neighbouring tribes. From the early days of continuous contact, non-aboriginals have recognized the Lekwungen people as a distinct social group, usually called the Songhees Tribe (see Appendix B). They formed a “tribe” in the sense that they had a widely-known name, a territory and sites to which they went seasonally, a sense of common identity and history, and, additionally, a specific dialect (Songhees) of the lck>wcŋíncŋ language that they shared. Aboriginally, an individual’s natal group and the “tribal” group (such as the Lekwungen) to which they belonged determined his or her identity. In common with other Central Coast , the Lekwungen had several levels of social integration based on residence, including the independent family, household, local group, village and tribe. As well, there were non-localized groups based on common descent. The core of such groups formed the elite of high-class households, and controlled access to descent group property, including owned resources and resource sites. Others sought permission to use these owned resources. These specific sites were scattered within the general parameters of a larger area that was recognized by the people themselves and their neighburs as the Lekwungen territory.

After BC’s entry into the confederation of Canada in 1871, and with the introduction of the in 1876, along with the work of the Joint Indian Reserve Commission which began that same year, the federal Department of Indian Affairs took over the administration of the extant Lekwungen villages C Songhees Point and Esquimalt Harbour C and recognized them as individual Abands.@ Each Band had a distinct membership. In 1911, members of the Songhees

58 Keddie 2003, p. 19. Aboriginal Affiliation of the James Bay Reserve 26

Point IR 1 surrendered this reserve and the residents moved to a new reserve (IR 1a) at Maplebank situated next to the Esquimalt Indian Reserve. Aboriginal Affiliation of the James Bay Reserve 27

4.0 IDENTITY OF THE SIGNATORY GROUPS

Lekwungen settlement patterns underwent considerable change after Europeans made contact with the Northwest Coast in the late 1700s. This was due largely to depopulation as a result of disease, and also because of the relocation of members of remnant villages which coalesced at central locations, where new opportunities became available. Clearly, the number of villages that were extant in 1850 was reduced from earlier times. Nevertheless, ethnographic data recorded in the period 1886-1968 confirm the existence and interrelationship of the six groups identified by James Douglas as ASangees@ — the Teechamitsa, Kosampsom, Swengwhung, Chilcowitch, Whyomilth, and Che-ko-nein — and their association with southern Vancouver Island. The following section reviews these six Lekwungen groups identified by Douglas, along with several other Lekwungen groups whose names have been recorded in the ethnographic literature, but who do not appear among the groups specified in the Fort Victoria treaties. Some groups whose names ethnographers have recorded may be villages. Others appear more likely to have been local groups who together formed a village during a season of aggregation. The Lekwungen ethnographic data are not always clear on the level of the social integration of individual named groups, as Wilson Duff=s 1969 analysis first discussed. However, at the time of the treaties, as Duff noted, the Lekwungen or Songhees “divided themselves into the groups which they considered relevant for the purpose and provided answers to the question “Who owns this part of the land?”59 Together, as James Douglas, himself, observed, these six groups of “Sangees” [Songhees] occupied the land between AGordon Head on Arro Strait to Point Albert [Albert Head].@60 Though Douglas’ division of the landscape may not have conformed to aboriginal concepts of land use and ownership, each of these six named groups that comprised the Lekwungen or “Sangees” tribe in 1850 did hold some specific interest in the area the treaty associated with each of them, as is reviewed below.

4.1 Who were the Groups Named in the Treaties as ATribes” or “Families@? Franz Boas, beginning in 1886-1887, referred to Central Coast Salish local groups using the German term Familien ‘famiies,’ or, in English, the terms “gens,” “gentes,” and “clans.” Charles Hill-Tout, who worked among the Coast Salish two decades later than Boas, referred in his report on the Lekwungen to the “local group or sept” and commented that Athe distinction between what

59 Duff 1969, p. 52.

60 Douglas to Barclay, 16 May 1850. HBCA, A.11/72, folios 246-247. Published in Fort Victoria Letters, p. 95. Aboriginal Affiliation of the James Bay Reserve 28 might be regarded as a gens, or a sept, or a mere tribal division, is very difficult to determine.@ Commenting on Boas’ use of the word “gentes,” Hill-Tout noted that it Ahad a very loose meaning in this country at the time when Dr. Boas wrote, and I am not sure what he meant to convey by it.@ Hill-Tout preferred the term “sept,” or the more neutral term “local group,” as he pointed out that all the members of such a group did not regard one another as kinsmen, which might be inferred by Boas’ use of the term “gentes.” Still, Hill-Tout listed ALEkúñEn [Lekwungen] villages@ when he provided in his description of the tribe the names of twelve groups, along with a note on their location, without further explanation. 61 Six of these named groups were recognized by James Douglas in the Fort Victoria Treaties of April 29-30, 1850. Table 1 below sets out the groups identified in the Fort Victoria treaties along with the names of the corresponding Agentes@ or Afamilies@ as identified by Boas and the Avillages@ identified by Hill-Tout. The final column presents a phonemic transcription of these terms, as provided by Wayne Suttles in 2001 (Suttles 2001a: pers. comm.).

Table 1. Lekwungen Local Groups as identified in the following sources: Douglas in the 1850 Fort Victoria Treaties; Boas (1887b:133; 1891b:569); and Hill-Tout (1907:307). The numbers correspond to those given in the original publications.

FORT BOAS 1887b BOAS 1891b HILL-TOUT SUTTLES VICTORIA 1907 2001a: pers. TREATY comm.

w w w 1. Chuchúlẹq 1. QuqúlEk x̣ clx̣ c´lcq ? Cadboro Bay Cadboro Bay x̣wclxwc´lcqw

1. S’ñE!ka sηέ§kc Cadboro Bay

.u 2. Lẹlẹ!q 2. LElE!k. 2. Sluk ? Cadboro Bay Cadboro Bay Cadboro Bay

. 3. Sq.inqē!rnes 3. Sk.iñgē3nes 5. Sk uñínEs sqcηíncs Discovery Is. Discovery Is. Discovery Is., off Oak Bay

4. Sī!tca3netl 4. Sītca3nētl s§i…ánc{ Oak Bay Oak Bay

61 Hill-Tout 1907, pp. 307-308 (emphasis added). Aboriginal Affiliation of the James Bay Reserve 29

FORT BOAS 1887b BOAS 1891b HILL-TOUT SUTTLES VICTORIA 1907 2001a: pers. TREATY comm. 5. Tschqungē!n 5. Tck'uñgē3n 3. Tcúkñīn Chekonein McNeill Bay McNeill Bay Shoal Bay …ckwηín

Chilcowitch 6. Tschī´qauitsch 6. Tcik.au3atc 6. Tcīakaúitc …cqáw̉c… Clover Pt to McNeill Bay McNeill Bay Around Ross …i§qáwc… Gonzales Pt Bay …iq’áw̉c…

7. Chltlåsẹn 7. Qltlâ3sEn ? McNeill Bay McNeill Bay

8. Xu¡oā3q 8. Quqoā3q xwcxwá…ckwηín ? McNeill Bay McNeill Bay

Swengwhung 9. S¡uing¡um 9. Squi3ñguñ sxwíηxwcη Victoria Harbour Victoria Victoria

Kosampson 10. Xsā3psẹm 10. Qsā3psEm 4. QsāpsEm xwsέpscm Esquimalt Hbr to On the Gorge Gorge

Whyomilth (Sχsẹmā3letl = Esquimalt = 11. Sqēmätlitl sx̣wimέ{ə{ 62 NW Esquimalt Esquimalt) SqsEmā΄letl Esquimalt Hbr Harbour sx̣wáymc{

Teechamitsa 11. Stså!nges 11. Stså3ñges 7. SoñEs sc̉áηcs Albert Head to Esquimalt to From Esquimalt to near Parry Bay Esquimalt Beecher Bay Beecher Bay

Ka-ky-aakan [not 12. Qēq.ā3y‘qẹn 12. K. ēk.ā3yek.En qcqáycqcn included among From Esquimalt to Group who spoke Esquimalt to Sangees] Beecher Bay Beecher Bay same Northern Straits dialect as

62 Transcription from Wayne Suttles 2002. Personal communication from Wayne Suttles, Friday Harbor, Washington, to Dorothy Kennedy and Randy Bouchard, concerning Songhees place names. Aboriginal Affiliation of the James Bay Reserve 30

FORT BOAS 1887b BOAS 1891b HILL-TOUT SUTTLES VICTORIA 1907 2001a: pers. TREATY comm. Sooke: [see Suttles 2002: pers. comm.; also Suttles 2004a: pers. comm. and Suttles 2004b: pers. comm.]

Boas= list of Afamilies@ or Agentes@ was based upon research he undertook on the Songhees Point Indian Reserve in Victoria Harbour in 1886, when he first arrived on the northwest coast.63 His letters home from this time reveal that working conditions were not conducive to gaining a thorough understanding of aboriginal Lekwungen society, nor much knowledge of their Agentes,@ beyond the names he recorded. Despite what may have been missed in such a difficult working environment, there is a high degree of correspondence between the Lekwungen groups reported by Boas in 1886-1887 and those identified by Hill-Tout, based on the latter=s work in 1905.

Hill-Tout listed eleven pre-contact LEkúñEn Avillages,@ eight of which are listed in the chart above, as well as the following three: 8. “Nukstlaiyum”; 9. “Tcïä΄nuk. ”; and 10. “Tcīw‘!tsun.” 64 However, as Suttles pointed out in 1951, Hill-Tout misunderstood the situation, for these three are not Lekwungen groups, at all: No. 8 is the Clallam word for AClallam;@ No. 9 is the name for the Becher Bay Clallam village, now known as xw…iyéncxw65 [xw…iyέncxw] or …iyέncxw and applied to Becher Bay IR 1; and No. 10 is the name for the group who lived originally at Port Angeles and were identified in Douglas= 1856 census as the ACheaihaytsun,@ and were by then the Clallam residents of Rocky Point on Vancouver Island.66 Speaking of the latter, the Fort Victoria

63 Ronald Rohner 1969. The Ethnography of Franz Boas: Letters and Diaries of Franz Boas Written on the Northwest Coast from 1886-1931. Chicago: The University of Chicago Press. Pp. 21-23.

64 Hill-Tout 1907, p. 307.

65 Montler 1991, p. 85.

66 Wayne Suttles 1951. Economic Life of the Coast Salish of Haro and Rosario Straits. Ph.D. Dissertation, Department of Anthropology, University of Washington, Seattle. Pp. 9-10, 17. On 18 July 1849, the HBC=s Fort Victoria journal reported that they received through trade some salmon from Asome Tlalums who arrived from Rocky point.@ American ethnologist George Gibbs wrote in 1855 that there were two houses of Clallam on southeastern Vancouver Island, situated at Rocky Point, and that these people came from Athe old Tse-whit-zen village at False Ness@ (meaning the village on the south side of the at Port Angeles). In this same document, Gibbs commented that the ATsonges@ [Songhees] were the aboriginal people Aaround Fort Victoria.@ The term that George Gibbs transcribed as “Tse-whit-zen” in 1855 was transcribed by James Douglas Aboriginal Affiliation of the James Bay Reserve 31 journal noted on 4 May 1850 that Aa party of Tequetsins arrived to receive a compensation for their lands about Rocky Point;@67 ATequetsin@ is the journal writer=s transcription for the people identified in the treaty as ACheaihaytsun.@ Whether the names of the divisions within Lekwungen society elicited by Boas and Hill-Tout actually applied to local groups or villages, or a combination of them, we cannot now answer conclusively. It is possible that while some of the listed names referred to local groups, others may have applied to summer or winter village locations belonging to particular local groups. The number or location of all aboriginal Lekwungen villages is not known, although in 1951 Suttles tentatively proposed: AThe winter villages of the Songish were perhaps a dozen in number and stood in every bay from Cordova Head [Cowichan Head, on the north end of Cordova Bay] to William Head on Vancouver Island.@68 Certainly the archaeological remains of historic villages and shell middens can be found here all along the coast, as Keddie shows on a map included in his 2003 publication.69 Nevertheless, by the time of the 1850 treaties, six groups retained a distinct identity as component groups of the Lekwungen (or “Sangees”). Wayne Suttles conducted research among the Lekwungen C with several members of the Songhees Indian Band, as well as one individual from the Esquimalt Indian Band C beginning in 1947, initially in conjunction with research for his doctoral dissertation concerning what he then called the AStraits@ aboriginal peoples, and subsequently in connection with his more general on- going studies of the aboriginal Coast Salish. While Suttles= research clearly confirmed the identity of subdivisions of the Lekwungen recognized by Boas and Hill-Tout, it was his discussions with Cecelia Joe at the Esquimalt Indian Reserve in 1952 that raised the idea that some of Hill-Tout=s Avillages@ might not be Awinter@ villages, as often assumed, but rather sites that were occupied at other seasons, a practise common among the Coast Salish. For example, a settlement pattern similar to what Mrs. Joe purported for the Lekwungen, as recorded in Suttles=

in 1856 as “Cheaihaytsun,” by Charles Hill-Tout in 1907 as “Tc§wétsun,” and by Tim Montler in 1995 as …&ixwíccn. See: Fort Victoria Journal 1846-1850. [Fort Victoria Post Journal, 9 May 1846-28 May 1850, by Roderick Finlayson]. HBCA. B.226/a/1. P. 141; George Gibbs 1854-1855. No. II: 1854-1855: Cascade Road C Indian Notes. United States National Archives, Washington DC. RG 76, Entry 198; James Douglas 1856. Indian Population Vancouver's Island 1856. Enclosure No. 1 to despatch of 20 October 1856 from Governor James Douglas, Vancouver's Island, to the Secretary of State for the Colonial Department, London. Original held by the National Archives, London, England. Colonial Office 305/7, p. 108; Hill-Tout 1907, p. 307; and, Tim Montler 1995. S=Klallam Village Sites, Elwha Klallam Tribe. In, Native Peoples of the : Who We Are. Olympic Peninsula Intertribal Cultural Advisory Committee, edited by Jacilee Wray, 2002. Norman, Oklahoma: University of Oklahoma Press. P.17.

67 Fort Victoria Journal 1846-1850. 4 May 1850, p. 176a.

68 Suttles 1951, p.13.

69 Keddie 2003, p. 13 map. Aboriginal Affiliation of the James Bay Reserve 32 notes, is evident among the aboriginal Nanaimo Halkomelem, as discussed in section 3.0 of this present report. The local groups= names at Nanaimo translated as directional terms, probably with reference to the position of each local group=s house(s) at the Departure Bay winter site, where four of the five groups resided during the cold months. During the warmer months, the constituent groups dispersed.70 In earlier times, Central Coast Salish groups removed the planks from their house frame and transported them to the summer village, laying them across canoes to form vessels resembling catamarans, and piling them high with possessions and supplies. When the people arrived at the seasonal site, they attached the planks to permanently-standing house frames, or constructed a temporary shelter using planks and matting. The ethnographic literature presents several scenarios of how Lekwungen local groups may have occupied southern Vancouver Island. According to Cecelia Joe, who was interviewed by Wayne Suttles in 1952, the Lekwungen winter villages were all situated around Victoria Harbour. This included the sc̉áηcs people, otherwise found near Albert Head, and certainly the village of Mrs. Joe’s husband=s people, the Kosapsum (the “Kosampsom” of the 1850 treaty), who reportedly spent the winter Awhere the Parliament Buildings now stands,@ and according to Mrs. Joe, Aowned the Gorge and Esquimalt Harbour.@71 Mrs. Joe also reported that the Lekwungen people of Cadboro Bay Ahad a winter location at Parson=s Bridge,@72 in Esquimalt Harbour, and that the Discovery Island people had a winter site at Rose Bank (inside Dunns Nook on Esquimalt Harbour=s west shore). The latter group Ahad houses there and shifted their boards and mats when they moved out.@ Still, in the winter, according to Cecelia Joe, the Lekwungen could be found in Victoria Harbour where, out of the wind, they built dance houses for their winter ceremonials and, in nice weather, fished the winter runs of spring salmon found offshore. When spring arrived and the herring had finished, they headed out to dig camas on Beacon Hill and the offshore islands and then to fish sockeye at reef-net sites off San Juan Island.73 Thus, Mrs. Joe’s

70 Bouchard 1992, pp. 5-6.

71 Wayne Suttles 1952. [Notes of 30 December 1952 interview with Cecelia Joe]. Original held by the author, Friday Harbor, Washington; Suttles 2001a: pers. comm.

72 AParson=s Bridge@ is the local name for the bridge over Mill Stream at the head of Esquimalt Harbour, where the Six Mile Pub is currently located. It may be that either Mrs. Joe or Suttles mistakenly provided the name of the wrong bride, as others have mentioned the Cadboro Bay people being associated with the Gorge Bridge. This would seem to be supported by Suttles’ notes, which question Mrs. Joe’s omission of the Discovery Island people from her assertion that all the Lekwungen wintered in Victoria Harbour.

73 Summarized from Suttles 1951, p. 15. A generalized account of the Lekwungen seasonal sustenance round, said to have been gleaned from Hudson=s Bay Company documents by Mr. French, Chief Factor, also presents a view of the aboriginal people moving between the coast and the harbour (see C.F. French 1922. Songhees Knew Trench Warfare. Victoria Daily Colonist, 12 July 1922). Aboriginal Affiliation of the James Bay Reserve 33 view was that the named local groups were associated with specific sites within Lekwungen territory, not necessarily exclusively within the areas delineated by the treaties, and that they all wintered in either Victoria or Esquimalt harbours. Not all Lekwungen consultants agreed with Cecelia Joe=s designation of Victoria Harbour as the Lekwungen=s winter quarters. David Latess (also spelled ALatesse,@ who was of Lekwungen ancestry74) told anthropologist Diamond Jenness that the old summer home of the Amain body@ of the Songhees was at AXthapsin [xwsέpscm, anglicised as “Kosapsum” or “Kosampsom”], just above the Gorge,@75 and that their winter home was at Cadboro Bay.76 While it is unclear what is meant by Athe main body@ of the tribe, Latess= account clearly recognizes that the same people (the Songhees) used both a site on the Gorge and in Cadboro Bay, areas sometimes named in association with specific Lekwungen local groups, as is reviewed below. Moreover, Sophie Misheal and Ned Williams divided the Gorge, not Victoria’s inner harbour, into sites occupied by distinct local groups, noting with respect to the “lck’wcŋcn” C they Acome in here during winter,@ with reference to the area from Gorge Bridge to Songhees Point, while the Swengwhung and Kosapsum people, according to them, wintered at sites farther up the Gorge.77 Though the notes are cryptic, they do indicate more movement within the Lekwungen territory than reflected by the rigid divisions of land ownership set out in the treaties. These above-noted aboriginal elders offered different perspectives on the season of occupation and the precise local group’s association with sites located on the protected waters – Victoria and Esquimalt harbours and the Gorge—yet there was a recognition that named groups of people used a variety of sites associated with the general Lekwungen territory. The following sections (4.1.1 - 4.1.6) provide information on each of the local groups identified as Lekwungen or Songhees. While I include all groups recognized as Lekwungen, the focus of the discussion is on the identification and history of the Swengwhung and the Kosapsum, two of the named groups Douglas recognized in the treaties, and who have been explicitly associated

74 Latess lived on the Songhees Reserve until he was about 15 years old, after which time he moved to Tsartlip, in Saanich (see David Latess 1903. Statement of 25 June 1903 from David Latess, per W.R. Robinson, Indian Agent. NAC, RG 10, Vol. 1343).

75 Duff (1969, pp. 34-35) reported that this site was located on the upper Gorge where the Craigflower School Museum is located today.

76 Jenness 1934-1936c, p. 1.

77 Wilson Duff 1960-1968. [Straits fieldnotes, Notebook No. 12, STR-W-002; March 1960 interview with Sophie Misheal and Ned Williams; July 1968 interview with Edward and Cecelia Joe]. Originals held by Royal BC Museum, Victoria. Wilson Duff Collection, File 51. Aboriginal Affiliation of the James Bay Reserve 34 with the James Bay Reserve site.

4.1.1 The “Swengwhung” (sxwíηxwcη ) At the time Chief Factor James Douglas signed the Fort Victoria treaties in 1850, the Afamily of Swengwhung@ was identified as the group associated with the AVictoria Peninsula, South of Colquitz.@78 The territory ceded by the Swengwhung to the Hudson=s Bay Company was very likely bounded by the following landmarks: in the west by Ogden Point and Laurel Point (although it should be noted that these geographical points were not identified specifically in the 1850 treaty); in the north by the AIsland of the Dead@ [Halkett Island] in the lower Gorge to the north; in the northeast by the AFountain Ridge@ [the ridge located adjacent to upper Cook Street, including the Smith Hill Reservoir on Summit Avenue and the area immediately west of Maplewood Street, including Peacock Hill near Tattersall and Clovelly]; and in the south by Ross Bay. Thus, the Swengwhung land as identified by Douglas included Victoria Harbour and the area east to Ross Bay.79 The first signature of the 30 men who signed the 1850 treaty as the Afamily of Swengwhung@ was that of a man named ASnawnuck.@ In 1856, Douglas= census of the ASongees tribe@ gave the total population of the ASwengwhung family@ as 185.80 The several views of the Swengwhung presented in the ethnographic and ethnohistorical literature are difficult to reconcile, despite the consensus that these people were ASonghees@ and were associated with Victoria Harbour. Jimmy Fraser, Sophie Misheal and Ned Williams identified Swengwhung as the people who formerly lived in the Gorge above the Tillicum or Gorge Bridge, and more specifically, according to the latter two consultants, in the area between the bridge and Adelaide Street.81 This would place them within the territory James Douglas

78 [Fort Victoria Treaties 1850-1852]. BC Archives, Victoria. Add. Mss. 772, File 1. Treaty with the Swengwhung, 30 April 1850. Copy without signatures printed in Papers Connected with the Indian Land Question, p. 6.

79 As the description of the Swengwhung lands is vague, Keddie (2003, p. 48 map) indicates with a question mark which group would have been associated with the Songhees Point village. Duff (1969:10, 35), however, did include the Songhees Point site as part of Swengwhung territory on his map delineating the territories covered by the Fort Victoria treaties

80 Douglas 1856, Indian Population Vancouver’s Island.

81 Duff 1969, p.35. Duff in 1951 recorded Jimmy Fraser’s statement that sxwíηxwcη was “the name of the Indians inside Gorge” and that these people were “Songhees, but this [the term sxwíηxwcη] is the name of the language.” Mr. Fraser said that only one woman remained alive in 1951 whose mother had lived at this village, and that he had never seen houses there. He added, “Sickness cleaned them right out” (Duff 1951, file 50). Presumably, this is the only individual known to Mr. Fraser to have lived at this site in the upper Gorge. Aboriginal Affiliation of the James Bay Reserve 35 associated with the AKosampsom” (Kosapsum). Still, at the time of the treaty, the Swengwhung were associated also with Victoria Harbour. Wilson Duff, based on his interviews with these Songhees Band members, along with accounts he received from Edward and Cecelia Joe of Esquimalt, suggested that both the Kosapsum and Swengwhung groups formerly wintered up the Gorge, and that both groups were living in the inner harbour area at the time of the treaties in 1850 C the Kosapsum likely on the James Bay Reserve site and the Swengwhung at the new Songhees Point village across from the fort. Duff reconciled his own difficulty understanding James Douglas’ delineation of large and discrete local group territories by concluding that Douglas must have found the Kosapsum more persuasive concerning their claim to the Gorge, and similarly judged the Swengwhung claim to the inner harbour to be the stronger.82 Another view is presented in a document prepared by J.N. Lemmens, Bishop of Vancouver Island, likely circa 1890 and based on information from “Mrs. Falardeau.”83 Speaking of the Songhees and their Reserve, Lemmens learned that of the people then resident on the Songhees Point Reserve, the ASkween-ghong@ (Swengwhung) alone were the original Victoria Harbour group. Yet there was also on the Reserve people whose ancestors came from Cadboro Bay, McNeill Bay and Esquimalt Harbour, and had joined the Swengwhung in the harbour after the establishment of Fort Victoria. Anthropologist Franz Boas had also associated the Swengwhung with Victoria, and placed other “gentes” on the outer coast. Boas did not clarify whether this ethnonym (Swengwhung ) was derived from a place name, but did include it as one of the Lekwungen groups.84 Chief Edward Joe of Esquimalt provided a third view. He considered the Swengwhung to be part of a general migration into the harbour after the founding of Fort Victoria.85 This is consistent with Hill-Tout=s statement obtained from Edward Joe=s father, Chief Joe Sinupen, that the name “SwRñhoñ” (Swengwhung) was applied to the Aoutside@ Lekwungen local groups after the establishment of Fort Victoria when these various groups Aflocked into the harbour in great numbers@ and settled at what is now the foot of Johnson Street.@86 A statement from a Saanich consultant of Suttles seems to support this view, for he reported that Swengwhung was the name

82 Duff 1969, p. 35.

83 J.N. Lemmens [circa 1890]. Extract of a letter from Bishop J.N. Lemmens. NAC, RG 10, Volume 1343. P. 192.

84 Boas 1891b, p. 17.

85 Duff 1969, p. 35.

86 Hill-Tout 1907, p. 307. Aboriginal Affiliation of the James Bay Reserve 36 of the specific place in the harbour where the Aoutsiders@ settled, with reference to the Lekwungen people of the outer coast.87 Hill-Tout was told that the harbour site became Aso populous, indeed, as to inconvenience the colonists; and Governor Douglas induced them to cross the bay and settle on the other side, where there has been a mixed settlement ever since, known as the >Songish Reserve [old Songhees Reserve]=.@88 Certainly, in 1844, according to HBC Trader Roderick Finlayson who was then at Fort Victoria, the HBC did persuade the aboriginal people living to the north of the fort to move across the water to Songhees Point.89 The Lekwungen’s mid-1800s association with the Johnson Street site north of Fort Victoria, in addition to the Songhees Point site (see Section 6.0), may have flowed from an earlier association of a specific descent group (likely the Swengwhung) with a place in the harbour, a connection that was reflected explicitly in the harbour lands being included in the Swengwhung treaty. The details of such an association are no longer known, though all sources agree that the harbour was part of Lekwungen territory and at some point was occupied by people who regarded themselves as members of the Swengwhung.

4.1.2 The AKosampsom@ (xwsέpscm) The name xwsέpscm C given in the 1850 treaty as “Kosampsom” but anglicized in the present report most often as AKosapsum” C is presently applied to the aboriginal people living on the Esquimalt Indian Reserve at Plumper Bay in Esquimalt Harbour. Chief Edward Joe of the Esquimalt Reserve confirmed in his discussions with Wilson Duff that he considered the Kosapsum to be his people.90

The name of Edward Joe=s great-grandfather, ASay-sinaka@ [síscnck], appears on the 1850 treaty as the fifth name of the AKosampsom Tribe@ who ceded land extending from the east shore of Esquimalt Harbour to Halkett Island in upper Victoria Harbour and, extending northwards to include the Gorge and Portage Inlet, inland to include several miles of the Colquitz valley, and

87 Suttles 1951, p. 18.

88 Hill-Tout 1907, p. 307.

89 Roderick Finlayson 1891. Biography. BCA, NW 971.1vi/ F512.

90 Duff 1960-1968, file 51. Aboriginal Affiliation of the James Bay Reserve 37 east to Christmas Hill and Swan Lake.91 Contrary to the geographical boundaries described for the Kosapsum in the 1850 treaty, Edward Joe reported that the entire Gorge, as well as Victoria=s Inner Harbour, belonged to the Kosapsum people prior to the establishment of Fort Victoria. He stated that the Kosapsum also lived at the present Esquimalt Indian Reserve in Plumper Bay, and returned there from Victoria Harbour in the 1850s.92 It is known that the Plumper Bay site was occupied in the early 1840s. An 1842 map prepared by surveyor Adolphus Lee Lewes shows the location of an AIndian fort@ at the Esquimalt village in Plumper Bay.93 (On the same map, Lewes also showed an AIndian Fort@ in Cadboro Bay. The term AIndian fort@ referred to a fortified site built by the indigenous people to protect them from enemies.) It was Edward Joe’s view (and that of his wife, Cecelia) that his people, the Kosapsum, occupied Victoria Harbour (in addition to the Gorge) and that when they moved to Esquimalt, the people from Cadboro Bay took over the Songhees Point site. This was a source of subsequent friction between Edward Joe’s family and some residents of the Songhees Reserve when they surrendered their village in 1911.94 Duff points out that no village was shown at Plumper Bay on an 1847 [?] Admiralty chart, leading him to conclude that the Kosapsum were living in Victoria Harbour at that time.95 However, both an 1853 Pemberton map96 and an 1855 Pemberton map97 show an AIndian Reserve@ at Plumper Bay. A second village in Esquimalt Harbour observed by William Gordon on the Virago in 1853 was not marked on either of these maps.

Duff’s aboriginal consultants, Sophie Misheal and Ned Williams, located the village of the

91 [Fort Victoria Treaties 1850-1852]. BCA, Victoria. Add. Ms. 772, File 1. Treaty with the Kosampsom, 30 April 1850. Copy without signatures printed in Papers Connected with the Indian Land Question, p. 6.

92 Duff 1969, pp. 33-35

93 Adolphus Lee Lewes 1842. Ground Plan of Portion of Vancouvers Island Selected for New Establishment. HBCA, Map Collection G.2/25.

94 Suttles 1952. Notes with Cecelia Joe. The correlation between the two events is faulty, however, as the Songhess Point village became occupied soon after the establishment of Fort Victoria in 1843. Mr. Joe’s concerns more likely stemmed from the fact that the treaties did not reflect aboriginal concepts of land and reseource ownership.

95 Duff 1969, p.33.

96 J.D. Pemberton 1853a. “Peninsula Occupied by the Puget Sound Company.” HBCA Map Collection G.1/258m.

97 J.D. Pemberton 1855b. The South Eastern Districts of Vancouver Island. HBCA, G.3/97. Published by John Arrowsmith, London, England. Aboriginal Affiliation of the James Bay Reserve 38

“Skosappsom” (Kosapsum), from which this group took its name, as the site of what is now the Craigflower School Museum on the Gorge, near the eastern entrance to the Craigflower Bridge. While no one who had lived at this village remained by the time that Duff conducted his interviews in the 1950s-1960s, he recorded from Sophie Misheal and Ned Williams that the people from the Craigflower Bridge village were “a little different” and that they spoke “through their nose.”98 Edward Joe, however, did not affiliate the Kosapsum with the Saanich. He stated that people who regarded themselves as Kosapsum lived in the Gorge, particularly at the Craigflower Bridge site, at the Legislative Buildings (the James Bay Reserve site), and at Plumper Bay in Esquimalt Harbour (the Esquimalt Reserve site).99 They constituted a group distinct from the “Songhees,” who lived at Cadboro Bay prior to their move to Victoria Harbour. Archaeological research 100 indicates that several villages or camps were situated along the Gorge. Not all the aboriginal consultants interviewed agreed with Mr. Joe that the entire Gorge belonged to the Kosapsum; some placed people identified as Swengwhung and “Lekwungen” here as well. Cecelia Joe said that when the Kosapsum moved from the James Bay Reserve site, they moved back to Plumper Bay, although some residents of the James Bay site went to live on Songhees Point (see section 7.2).101

4.1.3 The ATeechamitsa@ James Douglas applied the name ATeechamitsa@ to a group of Lekwungen whose name has not been otherwise recorded. While the name may be a very poor rendering of the term s’áηcs,102 other possibilities remain. The 1850 treaty with the Afamily of Teechamitsa,@ signed by 11 men

98 Duff 1960-1968, File 51; Marjorie Mitchell (1968:105-106) reported in her Songish dictionary that Sophie Misheal applied the name sxwíηxwcη to the Songhees group “who talk through their noses,” and lived around Craigflower School in the Gorge. This is inconsistent with other information and is likely an error.

99 Duff 1969, pp. 33-35; Duff 1960-1968, File 51. Duff ‘s notes from Sophie Misheal and Ned Williams also state that “Mrs. Jasper Charles’ father’s grandfather” was from this Craigflower Bridge village, as was “Caroline Charles tribe” (Duff 1960- 1968, File 51).

100 Duff 1960-1968, File 51; Grant Keddie 1995. Personal communication from Grant Keddie to Dorothy Kennedy and Randy Bouchard, concerning archaeological sites in the Gorge waterway.

101 Suttles 1952.

102 Duff (1969:31) stated that the term ATeechamitsa@ represented James Douglas= Afresh attempt@ in 1850 to provide another transcription of sc̉áηcs, the aboriginal name for the local group who lived at Albert Head. Aboriginal Affiliation of the James Bay Reserve 39 headed by ASee-sachasis,@ identified their territory as extending from the west side of Esquimalt Harbour all the way west to, and including, APoint Albert [Albert Head] and extending backwards from thence to the range of mountains on the Saanich Arm [presumably the vicinity of Mount Finlayson and Wolf Hill].@ According to Douglas= 1856 census, the total population of the ATeechamitsa family@ of the ASongees tribe@ was 51.103 In Duff=s 1969 review of the Fort Victoria treaties he observed that nothing has been recorded about the history of the Teechamitsa. The relationship between the term ATeechamitsa@ and the term sc̉áηcs, and the relationship between the groups known by these terms, is therefore ambiguous. The terms appear to refer to the same people, a group who lived around Albert Head. Sophie Misheal remarked that Ain her father=s time@ [he was born c. 1857 and died in 1939] there was only one man left of the original sc̉áηcs local group.104

4.1.4 The AWhyomilth@ (sx̣ wáymc{ or sx̣ wimé{c{) According to the Fort Victoria treaties, the territory claimed in 1850 by the Afamily of Whyomilth@ (sx̣wáymc{ or sx̣ wimέ{c{, anglicized as AEsquimalt@) comprised the northwest corner of Esquimalt Harbour Afrom the island [Cole Island] inclusive, at the mouth of the Saw-mill Stream [now known as Mill Stream], and the mountains lying due west and north of that point [presumably Mill Hill, the Gowlland Range, and Triangular Hill].@ The names of eighteen men, headed by AHal-whálutstin,@ appear on the 1850 treaty. In Douglas= 1856 census, the total population of the AWhoyomilth family@ of the ASongees tribe@ was given as 113. Boas did not list them as a separate group, but used the term only to indicate the geographical location of the “Xsā3psẹm@ (xwsέpscm, Kosapsum) by adding: ASχsem~!letl [sx̣ wimέ{c{ ] = Esquimalt@ 105; Hill- Tout listed the ASqēmätlitl@ (sx̣ wimέ{c{ ) and said they were in Esquimalt Harbour.106

103 [Fort Victoria Treaties 1850-1852]. BC Archives, Victoria. Add. Mss. 772, File 1. Treaty with the Teechamitsa, 29 April 1850. Copy without signatures printed in Papers Connected with the Indian Land Question, p.5; Douglas 1856, Indian Population Vancouver’s Island. For the Teechamitsa, as for all the six Afamilies or tribes@ said to comprise the ASongees tribe@ in 1856, the figures in the first column of the census — described as @men with beards@ — are identical with the total number of men who signed the treaties in 1850 on behalf of each family group.

104 Duff 1969, p.31.

105 [Fort Victoria Treaties 1850-1852]. BC Archives, Victoria. Add. Mss. 772, File 1. Treaty with the Whyomilth, 30 April 1850. Copy without signatures printed in Papers Connected with the Indian Land Question, p. 7; Douglas 1856, Indian Population Vancouver’s Island; Boas 1887b, p. 133.

106 Hill-Tout 1907, p. 307. Aboriginal Affiliation of the James Bay Reserve 40

While the Esquimalt likely established their main village inside Esquimalt Harbour, other villages may have been located outside the harbour, near its entrance. William E. Gordon, the Master’s Mate who kept a journal while on board the HMS Virago which anchored in Esquimalt Harbour in 1853, commented: “There are two villages of the Songees Indians on the shores of this [Esquimalt] harbour . . . and a larger one at which the chief Friezy resides opposite to Fort Victoria.”107 Hence, Gordon recognized a relationship between the two camps of Esquimalt Harbour people and those who resided on Songhees Point, and regarded Freezy to be leader of them all. Additionally, Edward Joe explained that Clallam people camped for a few days at a time near Rodd Hill when they came across the Strait to attend a winter dance. These were possibly the people observed by Sophie Misheal’s father. 108

4.1.5 The AChilcowitch@ (…cqáwc…) The history of the …cqáwc… (Chilcowitch) is very much entwined with that of the …ckwηín (“Che-ko-nein”), although the 1850 treaties recognized them as distinct Afamilies or tribes@ of the “Sangees.” Both groups have been associated with McNeill Bay.

Based on his Lekwungen fieldwork in 1886, Boas reported that the …cqáwc… were associated with McNeill Bay, but he observed that other groups lived here as well.109 Boas identified the ATschī´qauitsch@ (Chilcowitch) as the people of McNeill Bay, along with three other Agentes@ C the ATschqungē´n,@ the AChltlāsẹn@ and the AXu¡oā3q.@110 While I discuss the term “Che-ko-nein” (…ckwηín, Boas= ATschqung‘!n@) in Section 4.1.6, the second term, AChltlāsẹn,@ is not recognizable and has not been recorded elsewhere. The third of these three additional McNeill Bay groups, the “Xuxoā’q,” was tentatively reconstructed by Suttles as xwcxwá…ckwηín, meaning, possibly, >lower Che-ko-nein.=111

107 William E.Gordon 1853-1854. [Journal Kept on Board HMS Virago]. Mitchell Library, Sydney, Australia. Ms. No. 3091 (copy held by the University of BC Library, Vancouver, AW1 R7719).

108 Duff 1960-1968, File 51; 1969, p. 34.

109 Boas 1887b; 1891b.

110 These transcriptions appear in Boas 1887b; in his 1891b publication, Boas gave the same names as: “Tcik·aúatc,” “Tck'uñgē3n,” “Qltlâ3sEn,” and “Quqoā3q.”

111 Suttles 2001a, pers. comm. Aboriginal Affiliation of the James Bay Reserve 41

Ethnographic data on the aboriginal occupancy of the outer coast in the area of McNeill Bay are not consistent. Nevertheless, it was an area of occupation, as archaeologist Grant Keddie found shell midden extending around McNeill Bay, with the deeper deposits dating back about 500 years.112 By 1850, local groups residing on the outer coast had been reduced and the survivors coalesced into two named groups: the Chilcowitch and the Che-ko-nein. These two groups were associated with individual territories in the treaties (the Ross Bay/Gonzales Point and Oak Bay/Cadboro Bay areas, respectively), but specific local groups may at an earlier time have occupied several of these outer coast bays on a seasonal basis, and, at times, lived together at McNeill Bay. Seasonal use of the outer coast would not be inconsistent with Cecelia Joe=s suggestion that all the Lekwungen local groups wintered at various sites in Victoria Harbour and travelled between sites on the outer coast and the inner harbour. In this instance, due to depopulation, few named groups remained viable in 1850. In addition, the pattern of Lekwungen land use had undergone change by this time. In Douglas’ 1856 census, the total population of the AChilcowich family@ of the ASongees tribe@ was given as 58.113 At this time, they likely lived between Victoria Harbour and Cadboro Bay. Ned Williams opined that most of the Chilcowitch died from sickness and he recognized only a few direct descendants in the 1960s.114 The history of the Chilcowitch and the Che-ko-nein may have been inextricably linked, yet their identity remained distinct enough in 1850 for James Douglas to make two separate treaties (see Section 4.1.6 below). Douglas= treaty with the Afamily of Chilcowitch@ identified their lands Aat the termination of the Swengwhung line,@ lying between Ross Bay and Gonzales Point, an area that included McNeill Bay, and extended as far north as Athe north side of Minies Plain . . . a wooded Rocky District,@ presumably the vicinity of what is now the Uplands Golf Course. The treaty was signed by 12 men headed by AQua-sun.@ However, as Duff pointed out, this area included McNeill Bay, used also by the Che-ko-nein, but excluded from the treaty members of the Chilcowitch who lived beyond this area at Cadboro Bay.115 The treaty also identified Chilcowitch territory as Apart of the lands of Chaytlum,@ referring to a Che-ko-nein man who is

112 Keddie 2003, p. 55.

113 Douglas 1856, Indian Population Vancouver’s Island.

114 Duff 1960-1968, File 51.

115 [Fort Victoria Treaties 1850-1852]. BC Archives, Victoria. Add. Mss. 772, File 1. Treaty with the Chilcowitch, 30 April 1850. Copy without signatures printed in Papers Connected with the Indian Land Question, p.7; Duff1969,pp.45-46. Aboriginal Affiliation of the James Bay Reserve 42 generally regarded as having been the highest chief among the Lekwungen at the time of the treaties.116 It was partly the use of this area by both the Chilcowitch and the Che-ko-nein that led Duff to conclude that Douglas’s assumption “that ownership was exclusive led him into ethnographic absurdities.@117

4.1.6 The AChe-ko-nein@ (…ckwηín) The 1850 treaty with the 190 members of the Atribe or family of Che-ko-nein@ ceded lands adjacent to those of the AChilcowich@ and AKosapsum,@ situated between Gonzales Point in the south to Mount Douglas in the north, and bounded to the east by Juan de Fuca Strait and the ACanal de Haro@ (Haro Strait). This large area therefore included Oak Bay and Cadboro Bay. The treaty was signed by 30 men headed by AChayth-lum,@ a name given in the 1838 Yale census as ACheelhulm.@118 The second name on the list, AUnhayim,@ was the name §cnx̣ím (or §cnx̣íb)119 held by Suttles= and Duff=s Lekwungen consultant, Jimmy Fraser, as well as by his father.120 At the time of the treaty, only Cadboro Bay, of all the outer coast villages (apart from a single man living on Oak Bay), appears to have remained occupied. A.L. Lewes= 1842 map shows two houses in an AIndian Fort@ at Cadboro Bay, although the area beyond was misidentified as APoint Gonzela.@121 An 1855 Pemberton map denoting the location of the HBC=s Uplands Farm also shows houses situated on the northern shore of Cadboro Bay and indicates these houses formed the AIndian Vill.@122 Another 1855 map shows the houses, but the designation of the site is not noted.123 Thus, Cadboro Bay remained settled both before and after the treaty.

116 Duff 1969, p. 13.

117 Duff 1969, p. 46, 52.

118 [Fort Victoria Treaties 1850-1852]. BC Archives, Victoria. Add. Mss. 772, File 1. Treaty with the Che-ko-nein , 30 April 1850. Copy without signatures printed in Papers Connected with the Indian Land Question, p. 8; J.M. Yale 1838-1839. Census of Indian Population. HBCA, B.223/z/1.

119 Suttles (2001a, pers. comm.) points out that the name §cnx.íb used by Jimmy Fraser was inherited from a (Skokomish) Coast Salish ancestor.

120 Suttles 2001a, pers. comm.; Duff 1951, File 50.

121 Lewes 1842, Ground Plan of Portion of Vancouvers Island.

122 J. D. Pemberton 1855a. [Map of Cadboro Bay area.]. HBCA, H.1/1, folio 79.

123 Pemberton 1855b, The South Eastern Districts of Vancouver Island. Aboriginal Affiliation of the James Bay Reserve 43

By the mid-1800s, Lekwungen people from several neighbouring outer coast villages were residing in the Cadboro Bay village.124 The most complete information on this village was provided by Jimmy Fraser and recorded by Wilson Duff. Mr. Fraser said there were at least six house groups who had houses at ACapital Bay” (presumably Duff=s mishearing of ACadboro Bay”). Duff=s notes indicate that the names of the house groups here in the mid-1800s included people from the outer coast settlements as well as Discovery Island.125 According to Jimmy Fraser=s information, the Caboro Bay village by the time of the Fort Victoria Treaties comprised the remnant households of what appear to have been at least three village groups, now resident in the main Lekwungen village, where they occupied distinct sections of the village designated by local group names. Martha Guerin also provided Duff with local groups’ names, some of which correspond with those given by Fraser.126

One of the groups mentioned by Jimmy Fraser was the sqcηíncs, the name applied to the Lekwungen people who also lived on the Discovery group of islands (which includes three large islands, including Chatham, and a number of small ones). Cecelia Joe included the sqcηíncs among the people who wintered in Victoria Harbour.127 Cadboro Bay remained occupied in the mid-1800s, however, and Discovery Island people lived there as well. After the founding of Fort Victoria in 1843 and the subsequent concentration of the Lekwungen around the Hudson's Bay Company fort, an epidemic of smallpox prompted several families to resettle Discovery Island (probably at the time of the 1862 smallpox epidemic). According to Tom James, who was likely born in the 1880s, several Lekwungen families, including his own, went out to Discovery Island before he was born and built a large plank house in which they lived.128 Ned Williams (b. 1879) said that four of his uncles who lived on this island were also buried there.129 Beginning in 1886, Annual Reports of the Department of Indian Affairs listed separated the population of three groups—Songhees, Discovery Island and Esquimalt. Testimony given before

124 Duff 1960-1968, File 51; Suttles 1951, p. 19; 2001a, pers.comm.

125 Duff 1951, File 50.

126 Duff 1951, File 50; 1968, File 150; 1969, p. 48.

127 Suttles 1952, Cecelia Joe interview.

128 Suttles 1951, p. 20. A June 1876 sketch by Alphonse Pinart of the design painted on what is likely this house front is in the Bancroft Library, University of , Berkeley. Pinart Papers, Z-Z ,17, Vol. 15, Mf.

129 Duff 1960-1968, File 51. Aboriginal Affiliation of the James Bay Reserve 44 the Royal Commission on Indian Affairs in June 1913 indicated that at least twelve Lekwungen people remained on Discovery and Chatham Islands at that time.130 These people subsequently moved to the new Songhees Reserve at Maplebank in Esquimalt.

4.1.7 The “Ka-ky-aakan” (qcqáycqcn) Boas= 1887 and 1891 lists of divisions within the Lekwungen are identical, apart from variant spellings. One division listed by Boas, however, the Aq‘q·~!y‘qẹn@ or Ak.ēk.ā3yek.En,@ whose name has been transcribed by Douglas as AKa-ky-aakan,” by Duff as “kikáyckcn” or “qcqa’ycqcn” and by Suttles as qcqáycqcn (anglicized as “Kekayaken”), was a group now understood, on the basis of language, to have been closer originally to the Sooke than to the Songhees, but whose survivors eventually joined the Clallam at Becher Bay.131 In the mid-1840s, the Kekayaken, attracted by Fort Victoria, may have lived briefly in Victoria Harbour, for oral traditions recorded by both Gunther and Suttles provide accounts of their relocation to the west coast from the harbour.132 The people who comprised the “Ka-ky-aakan” at the time of the 1850 treaty C and were identified at that time as the ADescendants of the Chiefs antient possessors of this District and their only surviving heirs@C are said to have moved from Sooke to Victoria Harbour, then to Witty=s Lagoon and Becher Bay. 133 By the 1860s, the Kekayaken had left their village at Witty=s Lagoon and were living with the

130 Royal Commission on Indian Affairs for the Province of British Columbia (RCIA) 1913. Transcript of Evidence, Meeting With The Songhees Band of Indians Residing on Discovery and Chatham Islands, 10 June 1913. BCA, Add. Mss. 1056, Cowichan Agency, Part I, pp. 198-202.

131 See Boas 1887b; 1891b; [Fort Victoria Treaties 1850-1852]; Duff 1951, File 50; 1960-1968, File 51, and Suttles 2001a, pers. comm. for these transcriptions. See Suttles 2004a, pers. comm. for statements about the demise of the qcqáycqcn and the language they spoke, as well as Suttles 2004b, pers. comm. (Wayne Suttles 2004a. Personal communication from Wayne Suttles, Friday Harbor, Washington, to Dorothy Kennedy and Randy Bouchard, concerning Becher Bay Klallam; Wayne Suttles 2004b. Personal communication from Wayne Suttles, Friday Harbor, Washington, to Dorothy Kennedy and Randy Bouchard, concerning Sooke). Jimmy Fraser identified “kikáyckcn” as a “point near Race Rock lighthouse” and commented that “all these people dead” and that they “spoke Clallam” (Duff 1951, File 50). In his 1968 interview with Edward and Cecelia Joe, Duff noted the “qcqa’ycqcn” were associated with Wittys Lagoon but they moved to Becher Bay (Duff 1960-1968, File 51).

132 Erna Gunther 1927. Klallam ethnography. University of Washington Publications in Anthropology 1, No.5. Seattle: University of Washington Press. pp. 187-190; Suttles 2004a, pers. comm.; 2004b, pers. comm.

133 [Fort Victoria Treaties 1850-1852]. BC Archives, Victoria. Add. Mss. 772, File 1. Treaty with the Ka-ky aakan, 1 May 1850; Suttles 2004a, pers. comm.; Duff 1960-1968, File 51; JIRC Minutes of Decision and Correspondence, May and June 1877. Memorandum on Negotiations with the Beecher Bay Indians. BCA, GR 2982, Box 1, Item 1355/77. Aboriginal Affiliation of the James Bay Reserve 45

Clallam on lands in Becher Bay that had been occupied formerly by the Sooke, a neighbouring group to the west, who, according to Suttles, spoke the same language as the aboriginal Kekayaken. 134 When Joint Indian Reserve Commissioner Malcolm Sproat visited the Becher Bay village in 1877, he reported: AThese Indians are the representatives of the signers of an agreement of the 1st of May 1850 between the Chiefs of the family of Ka-ky-aakan, District and James Douglas for the Hudson’s Bay Company . . . @.135 Hence, the JIRC seems to have understood that the Becher Bay people of 1877 were the descendants of a few amalgamated groups. None of these groups, however, was Lekwungen. The AKa-ky-aakan,@ according to the May 1st, 1850 treaty, were associated with the area between Albert Head and Pedder Bay, i.e., west of the territory Douglas associated with the ASangees.@

4.1.8 The Aboriginal People of Cordova Bay James Douglas negotiated a ASouth Sannich@ treaty in 1852 with aboriginal people he identified as representatives of the ASanitch Tribe.@ The lands covered by this treaty extended Abetween Mount Douglas and Cowitchen Head@ and thus included all of Cordova Bay. According to Douglas, these South were associated with lands to the north of the ASangees [Songhees, Lekwungen] Tribe@ who inhabited and claimed Athe District of Victoria, from Gordon Head on Arro Strait to Point Albert on the Strait of de Fuca.@136 The ethnographic evidence relating to these people presents a mixed view on whether the Cordova Bay people were Lekwungen or Saanich. Duff concluded it is likely that these people were actually “a mixed Songhees-Sidney Island [Saanich] group who claimed Cordova Bay, which the Indians considered Songhees territory” 137 who joined the Songhees soon after signing the treaty. Suttles more recently reviewed his earlier notes and concluded that a man named kwct›xηέli… owned the place and invited his relatives to join him there, but that it might have

134 Suttles 2004a, pers. comm.; 2004b, pers. comm.; Duff 1960-1968, File 51.

135 JIRC 1877, Memorandum on Negotiations with the Beecher Bay Indians.

136 [Fort Victoria Treaties 1850-1852]. BC Archives, Victoria. Add. Mss. 772, File 1. Treaty with the Sanitch Tribe, South Saanich, 7 February 1852. Copy without signatures printed in Papers Connected with the Indian Land Question, p. 10; Douglas to Barclay, 16 May 1850, HBCA, Folios 246-247. Published in Fort Victoria Letters, p. 95.

137 Duff 1969, pp. 50-51. Aboriginal Affiliation of the James Bay Reserve 46 been a Arecent,@ i.e., mid-1800s, settlement.138 Regardless, Douglas excluded Cordova Bay from the Lekwungen lands and treated separately with those he called “South Saanich.”

4.2 Summary The Teechamitsa, Kosampsom, Swengwhung, Chilcowitch, Whyomilth, and Che-ko-nein Afamilies@ or Atribes@ identified by name in the treaty arrangements that James Douglas made with ASangees@ (Lekwungen) people in the spring of 1850 have been subsequently identified by aboriginal elders interviewed by anthropologists between 1886 and 1968. Still, it remains unknown whether some of these named groups were villages, or if some were local groups who joined seasonally with other such groups to form winter villages. One aboriginal consultant opined that all Lekwungen people wintered in Victoria Harbour, although various groups were associated with specific locations. Other aboriginal consultants viewed the situation differently, sometimes transparently reflecting their own family=s traditions. It was the consensus of these elders, however, that these named groups, united by dialect, social cohesion, and a sense of territory that embraced lands extending from approximately Albert Head to Cordova Bay, together formed the Lekwungen tribe. By the time Douglas set about making treaty arrangements with the ASangees,@ some groups had become extinct, others were reduced to only a few individuals, and village sites formerly used annually for a season or two now stood empty. Epidemic disease (see Section 5.0) and intertribal hostility had lessened the population dramatically, and the survivors consolidated in two main villages situated at Cadboro Bay and Esquimalt Harbour. They continued to occupy or utilize other sites seasonally, where they affirmed their ancestors= perpetual rights to specific owned locations, and occasionally relocated to other places within Lekwungen territory where they established encampments of varying levels of permanence and social integration. A hundred years after the treaties, Lekwungen elders retained knowledge of these sites and reported this information to competent anthropologists. Among the Lekwungen and other Central Coast Salish there was no rigid delineation of territory such as marking the shoreline with boulders, or fighting over property found at the frontiers of one=s lands, as among some of BC=s other aboriginal groups. Lekwungen people definitely conceptualized a Lekwungen territory, even though precise boundaries were not always clearly delineated. Those who resided in Lekwungen villages freely used the resources found in their

138 Suttles 2002, pers. comm. Aboriginal Affiliation of the James Bay Reserve 47 environs, apart from those few resources that were owned by specific kin groups and required access through kinship or the nominal permission of leaders. As Duff noted in his 1969 article, “the Songhees [Lekwungen] as a whole, that exercised common ownership over such shared areas as the Cedar Hill forests.”139 Ethnographic data obtained particularly by Wilson Duff and Wayne Suttles indicate that places of significance to the named social groups who Douglas regarded as the owners of delineated territory actually reached beyond the confines of the boundaries Douglas identified. For example, both the Kosapsum and the Swengwhung asserted an interest in sites in the Gorge and in Victoria Harbour, and each was associated with other sites, as well. It is apparent, however, that each of the treaty groups was associated in a specific way with a site within the parameters of the territory that each treaty delineated. The evidence does not support the supposition that each named group exclusively owned the delineated territory. This situation led Duff to characterize the treaty agreements as Afaulty@ ethnographic records, for considerable discrepancies existed Abetween the ethnographic realities of 1850 and the situations which the treaties implied to exist.@140 Douglas had expected to find a clearly delineated territory associated with each of the six groups comprising the “Sangees”. However, as Duff noted, Douglas’ approach was to “create a set of working assumptions about the Indians which would serve his legal purpose and still be acceptable to them.” These assumptions, in Duff’s opinion, resulted in “distortions of the ethnographic facts.”141 This is a conclusion with which I concur. Yet despite Douglas= failure to appreciate Lekwungen social organization, he made a treaty with the Swengwhung division of the Lekwungen tribe that identified their lands as including Victoria Harbour, and hence the area of the James Bay Reserve site. Given the opportunity for the “Sangees” to associate themselves with particular geographical areas, the Swengwhung group drew upon their association with Victoria Harbour and concluded with Douglas a mutually-agreeable arrangement.

139 Duff 1969, p. 52.

140 Duff 1969, p. 51.

141 Duff 1969, p. 52. Aboriginal Affiliation of the James Bay Reserve 48

Table 2: Time Line of Major Events in Lekwungen History

1782-83 Smallpox epidemic on southern coast of BC causes severe reduction in aboriginal population 1790s First contact between Europeans and Lekwungen c.1800-40 Intertribal hostility causing reduction and consolidation of Lekwungen villages 1827 Establishment of Fort Langley on lower Fraser River 1833 Establishment of in southern Puget Sound 1843 Establishment of Fort Victoria 1844 Relocation of outer coast Lekwungen people from Cadboro Bay to Victoria Harbour 1846 Treaty of Oregon 1848 Measles strike Lekwungen 1849 Grant of Vancouver Island to the Hudson’s Bay Company 1850 James Douglas arranges treaties with six “Sangees” [Songhees or Lekwungen] groups 1851 Aboriginal Village at Camel Point 1851-63 James Douglas Governor of Vancouver Island 1853 Lekwungen people vaccinated against smallpox 1854 Pemberton prepares map showing 10-acre Indian Reserve in James Bay c. 1855 Residents of James Bay move to Plumper Bay and Songhees Point 1858 British Columbia proclaimed 1858-64 James Douglas Governor of British Columbia 1862 Smallpox epidemic hits Victoria; Discovery and Chatham Islands reserved as aboriginal people move to escape disease, as other aboriginals burn their lodges and leave 1864 Arthur Kennedy becomes Governor of Vancouver Island and recommends moving Songhees Reserve 1866 Vancouver Island and British Columbia united 1868 Victoria becomes capital of BC 1871 British Columbia joins the Confederation of Canada 1874 Chief Sqwameyuqs 1876 Introduction of Indian Act forming Songhees and Esquimalt “Bands”; Establishment of the Joint Indian Reserve Commission. 1876 Smallpox among the Lekwungen 1878 Joint Indian Reserve Commission confirms Reserves for Songish and Esquimalt separately 1880 Indian Agencies formed and Indian Agents appointed; Lists of bands in Annual Reports 1880s Attempts to relocate the Songhees Reserve residents 1886 Franz Boas conducts ethnographic and linguistic research among the Lekwungen 1905 Charles Hill-Tout interviews Lekwungen members 1910 Andrew Tom transfers from Songhees to Esquimalt band 1911 Surrender of Songhees Point Reserve and relocation to Maplebank 1947 Wayne Suttles begins ethnographic and linguistic research among the Lekwungen 1951 Wilson Duff begins his Lekwungen ethnographic interviews Aboriginal Affiliation of the James Bay Reserve 49

5.0 CHANGES IN THE COMPOSITION OF THE LEKWUNGEN

The members of the six Afamilies@ or “tribes@ of the Lekwungen with whom Douglas made treaty arrangements were survivors of a once larger group consisting of an unknown number of villages. Depopulation of the area began before the arrival of the first European ships in Juan de Fuca Strait in the early 1790s. A series of epidemics, particularly smallpox, but also measles and influenza, combined with intertribal hostilities, left the aboriginal villages depleted of residents. In 1843, when James Douglas established Fort Victoria, he found only about 700 Lekwungen individuals, then wintering together in a few fortified sites. As this section reviews, waves of epidemics continued to strike the aboriginal people, resulting in a further consolidation of the population, now focussed around Fort Victoria.

5.1 Population Decline At the time of the treaties, James Douglas met with representatives of approximately 700 Lekwungen residing in the area between AGordon Head on Arro Strait to Point Albert@ and, as discussed in Section 4.1, divided into six identified “families” or “tribes” that comprised this population (see Table 3). Subsequent ethnographic inquiries, however, suggested that these six groups were what remained from a once larger population who formerly had villages scattered along the coast.

Table 3. Census of “Songees Tribe,” in, Indian Population Vancouver’s Island, 1856, by James Douglas. National Archives, London, England. C.O. 305/7. Enclosure No. 1 to Despatch of 20 October 1856 from Douglas to the Secretary of State for the Colonial Department. P. 108. TRIBE FAMILY PLACE OF MEN WITH WOMEN BOYS GIRLS TOTAL HABITATION BEARDS Teechamitsa 11 10 16 14 Kosampson 21 23 35 26 Songees Swengwhung Victoria District 30 33 57 63 Chilcowitch 12 13 17 16 Whyomilth 18 20 36 39 Chekonein 30 35 60 65 122 134 221 223 700 Aboriginal Affiliation of the James Bay Reserve 50

Anthropologist Robert Boyd estimated in his study of the Northwest Coast=s aboriginal pre- contact population that the Songhees (Lekwungen) and the Saanich together tallied 2,592.142 Using the 1856 census data for these two tribes (700 and 739 respectively) along with Boyd=s pre-contact calculation, it appears that at least 45% of the southern Vancouver Island population died during the first half century of contact with Europeans. Census data from this period are unreliable, however, and therefore this calculation is little more than a rough estimate. Nevertheless, the social disruption resulting from profound population decline must have been catastrophic, and clearly, it affected village composition, settlement patterns and social organization. Lekwungen people suffered first a smallpox epidemic that spread north in 1782-83 from the and affected aboriginal people throughout Puget Sound, the lower Fraser, the , the west coast of Vancouver Island as far as the Ditidaht (Nitinaht), and the east coast of Vancouver Island at least as far as Cape Mudge.143 Precise figures are unknown, but conservative estimates place the impact of this epidemic at 30 percent mortality.144 Following this period of depopulation, according to accounts by HBC traders in the late 1820s, Lekwiltok raiders from northern Vancouver Island were active in the Strait of Georgia area, and likely in Juan de Fuca Strait. While measles, malaria and dysentery also struck parts of the Northwest Coast in the first decades of the 19th Century, it remains ambiguous how many such outbreaks affected the Lekwungen and the extent of mortality from such diseases. The construction of the HBC=s Fort Victoria in 1843 was obviously a magnet for aboriginal people residing to the north. The post journals record that visits from Coast Salish tribes became common, as the presence of Whites provided more opportunities for trade and employment. Later, in the 1850s, Haida, Tlingit, Tsimshian, Bella Bella, , and Lekwiltok people also visited Victoria Harbour for trade and plunder. The presence of visitors from farther north on the coast facilitated the spread of disease back to the aboriginal villages. Among them were sexually transmitted diseases, which further depressed the birth rate and contributed to population decline on the coast. Measles broke out in Victoria in March 1848. It was noted in the Fort Victoria Journal that the

142 Robert Boyd 1990. The Introduction of Infectious Diseases Among the Indians of the , 1774 - 1874. Unpublished Ph.D. dissertation, Department of Anthropology, University of Washington, Seattle. P. 36.

143 Cole Harris 1994. Voices of Disaster: Smallpox Around the Strait of Georgia in 1782. Ethnohistory, Vol. 41, No. 4, Fall 1994. P. 605.

144 Boyd 1990, p. 138. Aboriginal Affiliation of the James Bay Reserve 51 youngest child of the “Sanges” Chief “Sialthuc” [čәyέłәq ] contracted measles, as did the Chief, himself, and that the Chief also survived a bout of dysentery picked up during his recovery from measles.145 But many were not so fortunate and the aboriginal population declined by an additional twenty percent.146 Reverend Robert Staines in 1849 described the “Songass” [Songhees] as: . . . a weak tribe (once powerful, but of late years much thinned by disease) & they are glad of the protection afforded them against their stronger neighbours by the presence of the white man. The tribe numbers from 150 to 200 men & perhaps 500 or 600 in all. Their village is just opposite to the Fort, across an arm of the Harbour . . .147

It was a drastically reduced Lekwungen population who met with Douglas at Fort Victoria in 1850 and accepted his payment of blankets. Many years later, as reviewed in Section 4.0, Lekwungen elders recalled the names of other Lekwungen local groups no longer viable by 1850, such as the AChltlåsẹn@ who had lived at McNeill Bay, and the x̣wclx̣wc´lcqw, 148 who seem to have been absorbed by the more dominant …ckwηín of Cadboro Bay. The situation Douglas encountered in 1850 represented Lekwungen people who had already consolidated into a few villages as they adapted to population decline resulting from seventy years of introduced disease, as well as hostility from their northern neighbours. Other smallpox epidemics struck Juan de Fuca Strait in the early 1850s. Trader William Banfield reflected in 1858 how smallpox of several years= prior, together with inter-tribal hostilities with the Songish, had nearly annihilated the Pachinett [Pacheedaht] tribe at Port San Juan.149 Samuel Hancock, a trader at Neah Bay (on the south side of the Juan de Fuca Strait), described how hundreds of aboriginal people became victims of the disease within weeks of the virus= first

145 Fort Victoria Journal 1846-1850. See the entries for: 13 March 1848; 24 March 1848, and 8 April 1848. Pp. 81a, 83, and 85.

146 James Woods 1849. Notes on Vancouver=s Island. Nautical Magazine and Naval Chronicle, June 1849. London, England. P. 301.

147 G. Hollis Slater 1950. Fragment of a Letter by Rev. R.J. Staines to Rev. Edward Cridge, October 1849. Appendix. In, Rev. Robert John Staines: Pioneer Priest, Pedagogue, and Political Agitator. The British Columbia Historical Quarterly Vol. XIV (1950). Pp. 237-238.

148 Boas 1887b, p. 133; Suttles 2001a: pers. comm.

149 W.E. Banfield 1858. No. 1. Beecher Bay and Sooke Inlet. Vancouver Island, Its Topography, Characteristics, etc. Daily Victoria Gazette, August 12, 1858. P. 1. Aboriginal Affiliation of the James Bay Reserve 52 presence in 1853.150 It spread north among the Pacheedaht, the tribe to the west of the Lekwungen=s neighbours, the Sooke, although it appears that historical records did not report the plight of the Lekwungen at this time. Local priests and government representatives vaccinated large numbers of aboriginal people; nonetheless, the virus infected many villagers and visitors alike. When Theodore Winthrop, with the HBC=s Dr. W.F. Tolmie, sailed up the east coast of Vancouver Island and passed by Athe Indian village of Kowitchin,@ he reported that fishermen out trolling Acrowded about us, praying to be vaccinated, and paying a salmon for the privilege.@151 It is probable that the epidemic of the early 1850s that was observed all around the Lekwungen, affected them as well. Certainly, the Lekwungen population continued to decline after the treaties. Reflecting on the loss of population that had occurred, the Bishop of Columbia lamented in 1860 that: “The tribes have much decreased since 1846. More than half of the Songish are gone…”.152 In 1862, another smallpox epidemic C described later as Aa major demographic disaster@153 C further depopulated the Northwest Coast. While the precise number of casualties is unknown, local newspapers tracked the devastating advance of the disease as it ravished one aboriginal camp after another. It appears that a single patient aboard a ship from brought smallpox to Fort Victoria in March 1862.154 Within nine days, the local Lekwungen leader, King Freezy, and thirty of his people visited Dr. Helmcken=s office for the purpose of being vaccinated, as the disease had broken out in the aboriginal ASongish Village.@155 The press reported several deaths among the aboriginals in April 1862, especially among the Tsimshian, enough that the Commissioner of Police took steps to remove the visitors from Victoria. The Lekwungen announced their intention of leaving for San Juan,156 where many of them travelled annually for summer fishing.

150 Samuel Hancock 1927. The Narrative of Samuel Hancock 1845-1860. New York: Robert M. McBride & Co. P. 181.

151 Theodore Winthrop 1862. The and the Saddle. New York: American Publishers Corporation. P. 34

152 Bishop of Columbia 1860. [Letter/journal of 3 February 1860]. In, Columbia Mission, Occasional Paper. June 1860. London: Rivington. P. 18.

153 Robert Boyd 1999. The Coming of the Spirit of Pestilence. University of British Columbia Press: Vancouver. P. 172.

154 The British Colonist, 18 March 1862. Small Pox.

155 The Daily Press, 27 March 1862. Indians Vaccinated.

156 The Daily Press, 28 April 1862. Removal of the Indians; The British Colonist, 28 April 1862. The Small Pox. Aboriginal Affiliation of the James Bay Reserve 53

By May 1862, the smallpox had spread. Though some of the ASongish@ took refuge on Discovery Island and are said to have remained free of the disease, an estimated 100 northern natives succumbed to the virus in town, and the press concluded that another hundred died in their camps on the islands. Town officials began burning the Native lodges in the environs of Victoria, with the exception of some forming the Lekwungen village, then on Songhees Point.157 Daily reports indicate that the death toll climbed in June C first in camps on the Songhees Point Reserve, then in the Johnson Street ravine.158 Later that month the disease had spread among the White settlers, and although one or two aboriginal people continued dying each day, the newspaper announced that Athe small pox seems to have exhausted itself, for want of material to work upon.@159 The Lekwungen returned to Songhees Point in October and set about rebuilding lodges that had been destroyed by fire.160 From early 1863 through to the fall of 1868, the Victoria newspapers seldom mentioned smallpox among the local aboriginal camps. By this time, stringent rules regulating public health kept the local White population separate from the northern aboriginal visitors, who were encouraged to leave for other parts soon after their arrival in the harbour. Still, the Lekwungen were not immune from the disease, and additional deaths occurred among their people.161 The municipal sanitary commission ordered the whitewashing of Native lodges and the burning of clothes wherever smallpox was suspected, yet members of the aboriginal population continued to be infected. Again, the ill visitors and residents were sent to a hospital built on the Songhees Reserve where medical aid could be administered.162 By 17 November 1868, The British Colonist declared again that smallpox had Aworn itself out among the Indians, having for the want of fresh victims.@163 And with the end of the year came the end of the 1868 epidemic. Not until 1876 did local newspapers report again on smallpox among Victoria=s aboriginal population. Now depicted as a disease that Alurks in alleys and out-of-the-way places@ and causes

157 The Daily Press, 13 May 1862. Conflagration on the Indian Reserve; The British Colonist, 14 May 1862. The Small Pox.

158 The British Colonist, 5 June 1862. The Small Pox; The British Colonist, 6 June 1862. Small Pox in the Ravine; The Daily Press, 8 June 1862. Small Pox on the Reserve.

159 The British Colonist, 7 July 1862. The Small Pox.

160 The British Colonist, 20 October 1862. The Songish Rancherie.

161 The British Colonist, 30 September 1868. Small Pox.

162 The British Colonist, 30 September 1868. Small Pox; The British Colonist, 8 October 1868. Small Pox.

163 The British Colonist, 17 November 1868. [Smallpox]. Aboriginal Affiliation of the James Bay Reserve 54

Avery heavy@ and Afrightful@ mortality among the aboriginal people, smallpox was lamented by the local press for its burden on civic funds which were being used to treat a disease that had not been checked.164 Aboriginal people continued to die, along with the occasional White visitor and settler. Though researchers agree that smallpox was only the most spectacular of a complex of introduced European diseases, its presence contributed largely to reduction in the number of occupied Lekwungen village sites and the consolidation of the survivors into a few remaining communities.165 Mortality resulting from disease, violence, and a drop in the birth rate devastated the local aboriginal population. An 1876-1877 Joint Indian Reserve Commission census of the Lekwungen C now identified as the two communities or “Bands” of Songhees and Esquimalt C enumerated only 187 Songhees residents, and 77 Esquimalt,166 suggesting a loss of 62% since the previous census of 1856, and only one fifth of what Boyd regarded as their pre-contact strength. It was a devastated and demoralized community that anthropologist Franz Boas found on the Songhees Reserve in September 1886 when he undertook the first scientifically-focussed research among these people.167

5.2 Summary Epidemic diseases beginning in the late 1700s resulted in severe depopulation among the aboriginal peoples of the Northwest Coast, including the Lekwungen. Estimates by anthropologist Robert Boyd suggest that as much as fifty percent of the Lekwungen tribe perished from smallpox, combined with measles, influenza, and dysentery, together with the effects of intertribal hostility. The ASangees@ met by James Douglas in 1843 were in a much reduced state, apparently occupying fewer villages, but continuing a subsistence round that took them to seasonally occupied sites throughout Lekwungen territory. For a couple of decades after Fort Victoria was established, disease continued to take its toll on the local Lekwungen population and on aboriginal visitors alike, as the attraction of the fort facilitated the spread of contagion. People from the outer coast Lekwungen villages resettled near

164 The British Colonist, 18 October 1876. The Board of (Ill) Health; The British Colonist, 14 October 1876. The Small Pox.

165 Robert Boyd 1994. The Pacific Northwest measles epidemic of 1847-1848. Oregon Historical Quarterly, Vol. 95, No. 1; Boyd 1999; Harris 1994.

166 George Blenkinsop 1876-1877. Census of Indian Tribes, Winter 1876-1877 [Joint Indian Reserve Commission].

167 Franz Boas 1891a. Ein Besuch in Victoria auf Vancouver. Globus 59(5). Pp. 75-77; Rohner 1969, pp. 20-23. Aboriginal Affiliation of the James Bay Reserve 55 the fort, and then relocated across the harbour to the Songhees Point site. Yet periodically Lekwungen families dispersed to other sites, such as Discovery Island, to escape outbreaks of disease or harvest resources. Aboriginal Affiliation of the James Bay Reserve 56

6.0 CONSOLIDATION OF THE LEKWUNGEN LOCAL GROUPS

The process that took the survivors of a number of local groups and villages comprising the Lekwungen Tribe and eventually realigned them into two related yet independent “Bands” (the Songhees and the Esquimalt) began before the establishment of Fort Victoria in 1843. I reviewed in Section 5.0 one of the main factors involved in the reduction of the Lekwungen C introduced diseases. Clearly, not all villages existing at the time of first contact in the early 1790s were inhabited sixty years later at the time of the 1850 treaties, and not all named Lekwungen social groups remained viable. James Douglas met in 1850 with representatives of what he called the six Afamily@ or Atribal@ groups who formed the ASangees@: the Teechamitsa, Kosampsom, Swengwhung, Chilcowitch, Whyomilth, and Che-ko-nein. Other named groups who may have been present in earlier times and whose names were recorded subsequently by Boas and Hill-Tout (see section 4.0) were no longer extant. Their few surviving descendants now merged with members of the six treaty groups and their former distinct identity faded forever from view. There is now no way to determine with certainty if the ten or so ethnonyms recorded by Boas and Hill-Tout (see Table 1 in the present report) were, in fact, names of formerly-distinct local groups or whether they were villages, or a combination of the two. By 1850, only six Lekwungen groups stepped forward as having sufficient distinction to be given treaties of their own. There is no evidence that anyone was left behind, or that any part of the aboriginal Lekwungen territory within what became Canada had been excluded. Still, as reviewed by Duff in 1969, we cannot accept with certainty that the specific territories Douglas associated with each of the treaty groups reflected the situation before depopulation. Indeed, it likely did not. Douglas set out to find discrete territories and owners; this he did, regardless of the “ethnographic absurdities” he created. What we know for sure, is that the people and their territory Douglas referred to as “Sangees” is consistent with the tribal group identified here as Lekwungen, and referred to commonly in the historical literature as “Songhees.” And we can conclude from the ethnographic evidence that the groups recognized by treaty did have some association with the general geographical area delineated in each treaty. Indian Reserves, however, were not set aside in each of the areas noted in the descriptions of lands ceded by the treaties. Though early maps show the locations of villages, only three sites in the Victoria area, including James Bay, were marked on maps as being “Indian Reserves.” A map prepared in the summer of 1853 is likely the first to mark villages situated at Songhees Point Aboriginal Affiliation of the James Bay Reserve 57 and Plumper Bay as “Indian Reserves.”168 Both the Plumper Bay Indian Reserve and the Songhees Point Indian Reserve were subsequently indicated on Arrowsmith’s “Map of the Districts of Victoria and Esquimalt in Vancouver Island,” published in 1854.169 A decade after the treaties, only three village sites remained occupied for continuous and significant periods of time C Victoria Harbour, Esquimalt Harbour, and Discovery Island C apart from locations where a few individuals resided, scattered around the city.170 Though some of the amalgamated local groups retained some notion of a distinct identity (as reflected in the remembered ethnonyms), these origins became increasingly irrelevant as subsequent generations affiliated primarily with one of the three consolidated villages where subsequent members were born and raised. Some sites associated earlier with specific descent groups became alienated. And some groups’ population had become severely depleated. Lekwungen people now lived alongside families whose own ancestral Lekwungen origins, like theirs, traced back to one of Douglas’ six Afamilies@ or Atribes@ belonging to the ASangees.” Now they all lived together, despite their ancestral attachment to a particular group named in a treaty, or even to a particular area within the territory where their own direct ancestors may have held exclusive rights to resources. But like their neighbours, Lekwungen people now related to their current village of residency for their primary identification, and importantly, they also related to a new wage economy that altered their use of their traditional territory.

6.1 Consolidation at the Time of Fort Victoria James Douglas, on board the HBC ship in March 1843, encountered aboriginal people when he entered Victoria Harbour. Accompanying him was Father M. Bolduc, a missionary from Quebec, who subsequently described the circumstances of this meeting: AAt first we saw only two canoes, but, having discharged two cannon shots, the aborigines left their retreats and

168 “Peninsula Occupied by the Puget Sound Company.” HBCA G.1/258m. For documentation concerning transmittal of this map to the HBC in London, see: Douglas to Barclay, 8 August 1853, page 256; HBCA A.11/74, pages 254-256; Pemberton to Barclay, 12 September 1853, page 326b; HBCA, A.11/74, page 326b-326b(d). Richard Ruggles, the acknowledged authority on HBC cartography, attributes this map to Pemberton yet notes that it may have been largely the handiwork of William Newton, who had been hired as a draftsman in June 1853. R.I. Ruggles (1991). A Country So Interesting: the Hudson’s Bay Company and Two Centuries of Mapping, 1670-1870. & Kingston: McGill-Queen’s University Press. Pages 102-103, 220.

169 John Arrowsmith 1854. HBCA G.3/96 (N9301)c.

170 For example, the brother of Chief Freezy reportedly lived Ain a lodge near Yates Farm up Victoria Slough.@ The British Colonist, 7 July 1860. Aboriginal Affiliation of the James Bay Reserve 58 surrounded the steamboat. The following day canoes arrived from all sides.@ A few days later Bolduc walked overland to a fortified village said to measure about 150 feet square C presumably at Cadboro Bay C where he met an estimated 600 individuals with whom he was obliged to greet with formal handshakes all round. Bolduc did not identify the residents of the Cadboro Bay village, although it obviously contained a number of houses, the largest of which belonged to the Achief.@ 171 On another occasion Bolduc met members of the “Kawitshins” [Cowichans], “Klalams” [Clallams], and ATsamishs@172 [Songhees] assembled around a makeshift alter he had erected in Victoria Harbour for performing baptisms. Bolduc, however, did not report visiting any village other than the Cadboro Bay fortification. This village, and the one located in Esquimalt Harbour, comprised the two AIndian forts@ identified on the 1842 map that A.L. Lewes prepared showing the location of the new HBC fort site selected by James Douglas. Lewes had accompanied Douglas on his first trip to the Victoria area, in July 1842.173 A description of Victoria Harbour, identified by Douglas as ACamosack@174 and sent along to John McLoughlin as part of Douglas= report on his search for a suitable location to establish a fort, made no mention of aboriginal villages. But Douglas did comment on the potential for agriculture in ACamosack,@ based on the size of the potatoes grown in the local aboriginals= Amany small fields in cultivation.@175 These comments by Bolduc and Douglas

171 Letter of Mr. Bolduc, Apostolical Missionary, to Mr. Cayenne, 15th February 1844. In, Oregon Missions and Travels Over the , in 1845-46, by Father P.J. De Smet. New York: Edward Dunigan, 1847. Pp. 56-57, 59. Bolduc=s observation on the presence of aboriginal people suggests some inaccuracy in the 1858 statement made by the editors of the Weekly Victoria Gazette who opined that previous to 1843 Aeven the Indians had not a location here at that period, the present Songish tribe having then their encampment some four or five miles at the back of the present town, near the farm now occupied by Mr. Lee, facing the Canal de Harro [Haro Strait].@ Weekly Victoria Gazette,Vol.1, No.3,28 August 1858.

172 Bolduc=s account has been published in both French and English (see References section of the present report, under “Bolduc”). What is transcribed in one of the French publications as ATsamishs@ [Songhees] (Rapport Sur Les Missions, p. 56) is transcribed in another French edition (Annales de la Propagation, p. 469) as AIsamishs,@ and transcribed in an 1847 English translation as AIsanisks@ (De Smet=s Oregon Missions, p. 58). This latter term was subsequently wrongly construed as ASanetch@ (see Lamb 1943, p. 87). Another English translation (Quebec Mission, p. 194) transcribes the term for the Songhees as ATsamishes.@ The 1847 English translation of this letter contains several significant transcription differences; these include ARamoon@ (p. 61) which is transcribed as AKamosom@ (more commonly anglicised as “Camosun,” i.e. Victoria harbour/Gorge waterway area) in both French versions (pp. 58 and 471) and in the other English translation (p. 196).

173 Lewes 1842, Ground Plan of Portion of Vancouvers Island.

174 Suttles (2002, pers. comm.) transcribes this term as q=cmc!scn or q=cmc!scη and reports that it was applied to the area of the Gorge waterway.

175 James Douglas 1842. [Letter of 12 July 1842 from Douglas to John McLoughlin]. National Archives,London, England. C.O. 305/1. Papers Relating to the Colonization of Vancouver’s Island. Pp. 5-7. Potatoes had been brought to on the Columbia River in 1825, Fort Langley on the lower Fraser River in 1827, and Fort Nisqually at the south end of Puget Sound in 1833, and traded to the aboriginal people. See Wayne Suttles 1951. The Early Diffusion of the Potato Among the Coast Salish. Southwestern Journal of Anthropology, Vol. 7, pp. 272-288. Aboriginal Affiliation of the James Bay Reserve 59 appear to be the earliest mention of aboriginal activity in Victoria Harbour. When Bolduc decided to return to Whitbey [Whidbey] Island in Puget Sound, he hired Athe chief of the Tsamishs@ [i.e, the Songhees] to take him across the Strait.176 Historical documentation compiled throughout the Northwest Coast and Plateau regions attests to the attraction that trading posts held for aboriginal peoples. Employment, protection, wealth, and increased status brought about because of new trade, and access to foreign goods and foodstuffs, all lured aboriginal people to the gates of HBC forts. Fort Victoria was no exception. Ethnographic data recorded fifty years ago by Duff and Suttles presents divergent accounts of how the harbour was being used in 1843 (when the HBC traders established Fort Victoria), and precisely by whom C Swengwhung, Kosapsum, or perhaps, at some earlier time, by all or some Lekwungen local groups as a winter quarters. All sources agree that it lay within the territory of the Lekwungen (Songhees) people, a tribe comprised of the survivors from more than a half a dozen local groups located between Cordova Bay and Albert Head. These ethnographic accounts may reflect the situation as it was at different times in the harbour=s history or it may reflect the selective knowledge of Lekwungen history from the perspective of different families. Still, what is known from this history, and from documents surviving from the trading post=s establishment, is that Fort Victoria was constructed on lands belonging to the ASangees@ (Songhees, i.e, Lekwungen).177

It was the ASamose@ (a variant transcription of sc̣̉áηcs, Songhees) with whom James Douglas spoke in 1843 when he wished to inform the local people that construction of the fort was imminent.178 These aboriginal people, pleased with Douglas= news, then offered their services for employment and, with axes loaned by Douglas, began the task of cutting pickets. Trader Roderick Finlayson later reported that an initial shyness exhibited by the aboriginal people soon faded, and that people from the Cadboro Bay village, including the ASongees chief,@ began relocating their homes to the harbour and creating a settlement north of the new fort (located at the foot of Fort Street), beyond Athe belt of thick wood@ in the area of Johnson Street.179 Despite the move of many people into the harbour, Cadboro Bay remained a village, its location noted on

176 Letter de M. Bolduc a M.C., 15 Février 1844. Rapport sur Les Missions du Diocèse de Québec, Quebec. P. 56.

177 Douglas and Work 1847, [Letter to the HBC, London, 6 November 1847], p. 16.

178 James Douglas. Diary of a Trip to Victoria March 1-21, 1843. BCA, A/B/40/D75.4A.

179 Finlayson 1891, Biography. Aboriginal Affiliation of the James Bay Reserve 60 maps into the mid-1850s, showing several houses situated there.180 Jimmy Fraser provided Wilson Duff with data indicating that in the mid-1800s Cadboro Bay was already home to remnants of several local groups, at least the Chilcowitch, Che-ko-nein and people of Discovery Island, each of whom occupied a separate part of the village. 181 Ned Williams explained that his own family, who eventually moved to the Songhees Point village, had lived on Discovery Island and at Willows Beach.182 After Fort Victoria in 1844 had been threatened by a fire said to have been caused by the adjacent aboriginal residents, Finlayson compelled these people near the Johnson Street ravine to move across the harbour to what became known as Songhees Point, the parcel of land on the Victoria West side of the harbour: the belt of thick wood between the Fort and Johnson Street in front of which the lodges were placed, took fire . . . having been caused by the Indians I wanted them to remove to the other side of the harbor which they at first declined to do, saying the land was theirs and have a great deal of angry parleying . . .they would go . . . This was the origin of the present Indian Reserve.183

By 1845, visitors to Fort Victoria observed the new ASonghees@ village across the harbour. One such visitor was Henry Warre of the British military, whose description of the aboriginal village reported on the presence of Aabout 25 Houses containing about 70 families.@184 Keddie calculated that this would comprise a village of about 315 people.185 This is a reasonable estimate, since other Lekwungen villages remained inhabited. An 1846 account describes the village on the point as being Aarranged with some degree of order in streets and lanes with passages running up between them.@186

180 Pemberton 1855a, [Map of Cadboro Bay area.].

181 Duff 1951, File 50. 182 Duff 1960-1968, File 51. Ned Williams’ namesake, x̣pemәlt, was a signatory to the Chilcowitch treaty, where he appears as “Uch pay mult.” A man of this name was at Songhees in 1881.

183 Finlayson 1891, Biography.

184 H.J. Warre 1848. Overland to Oregon in 1845: Impressions of a Journey across North America. London, England: Dickinson & Co., 1848 (reprinted in 1976 by the Public Archives of Canada, Ottawa). P. 104.

185 Keddie 2003, p. 26.

186 Berthold Seeman 1853. Narrative of the Voyage of the H.M.S. Herald During the Years 1845-51, Under the Command of Captain Henry Kellett, R.N, C.B. London: Reeve and Co., 1853. P. 105. This 1846 account is sometimes mistakenly attributed Aboriginal Affiliation of the James Bay Reserve 61

We know very little about the demise of the group of 51 people identified by Douglas as the “Teechamitsa.” One of the post-1850 smallpox epidemics may have wiped them out, or their survivors may have moved either to Esquimalt or to Victoria Harbour. So little is known about this group, that not even their name has been confidently re-elicited, suggesting that both scenarios occurred coincidently, leaving no one in the 1940s-1960s to tell their history to anthropologists Wilson Duff or Wayne Suttles. Evidence elucidating the process is simply unavailable. Nevertheless, the area that James Douglas designated as belonging to them was included within the overall parameters of Lekwungen territory described by these anthropologists. While in more recent times, members of the Esquimalt Indian Reserve used areas west of them for resource gathering,187 I am not aware of any evidence of non-Lekwungen people occupying the treaty-defined Teechamitsa lands after the time of the treaties, apart from the village observed in 1853 on the west side of Esquimalt Harbour and the encampments of visiting Clallam. Historical and cartographic evidence from the 1840s and 1850s indicates that several aboriginal villages stood in the environs of the emerging town of Victoria. Plumper Cove in Esquimalt Harbour was occupied, presumably by survivors of the Whyomilth and subsequently by the Kosapsum, and the village on Songhees Point, after the move of the people from the foot of Johnson Street, was occupied by people who had initially relocated from the outer coast, including Cadboro Bay, and presumably from Discovery Island and McNeil Bay as well.188 Still, the aboriginal population in Victoria Harbour fluctuated. In June 1849, Father Lempfrit noted that Aboth shores@189 of Victoria Harbour were covered with lodges. He also reported that he Awent to their village beyond the bay and after several instructions [he] baptized 186 of them

to Seeman, the ship=s naturalist, but as Seeman explains in the Preface to this book, the 1845-1846 narrative is actually based on notes made by another member of the crew, Lieutenant Henry Trollope.

187 Chief Andrew Thomas, Esquimalt Nation, 1995. Personal communication to Dorothy Kennedy and Randy Bouchard, concerning Esquimalt Nation land use of the Esquimalt Lagoon and adjacent areas. The declaration of Esquimalt Nation members= land use of Esquimalt Lagoon and adjacent areas to the west was the basis for the conclusion in the Kennedy and Bouchard 1995 Discussion Paper and the 8 November 1999 Statement document that the territories of the Whyomilth, Teechamitsa and Kakayaken groups were likely subsumed by the residents of Esquimalt Harbour. See: Kennedy and Bouchard 1995. An Examination of Esquimalt History and Territory: A Discussion Paper. Prepared for the Esquimalt Nation, 29 July 1995; and, Kennedy and Bouchard 1999. The : Traditional Territory. Statement prepared for the Esquimalt Nation, 8 November 1999. In fact the Kakayaken, who lived west of Albert Head, were Sooke-speaking people who became members of the Becher Bay Clallam (see Section 4.1 of the present report).

188 Suttles (1951, p.18) interpreted this as ACadboro Bay, Oak Bay and elsewhere.@

189 Patrica Meyer (editor) 1985. Honoré -Timothée Lempfrit, O.M.I.: His Journal and Letters from the Pacific Northwest 1848-1853. Letter of 11 June 1849 from Lempfrit to Rev. Ricard. Fairfield, Washington: Ye Galleon Press, 1985. Pp. 201-203. Aboriginal Affiliation of the James Bay Reserve 62 on a single occasion and on another, 56.@190 Likely the village visited by Lempfrit was the settlement of four houses marked AIndian village@ on J.D. Pemberton=s 1851 map. This site appears to have been near Camel Point.191 On Pemberton=s 1853 map the same community is identified as the Aremains of an Indian fishing village,@192 although the 1854 Arrowsmith map again shows the AIndian Village@ with the four houses indicated.193 The occupants of this village were not identified by name,194 yet the size of the population residing in this collection of four plank houses C if this is indeed the village observed by Lempfrit C suggests that it was not a transient community. Archaeologists excavated remains of considerable time depth from a site along Dallas Road that correspond to the location just north of Camel Point marked on these early maps (Archaeological site DcRu 75).195 An 1851 Pemberton map196 also shows the location of five houses situated on the south shore of James Bay, in the area of the James Bay Reserve site (the location of the present BC Legislative Buildings). This corresponds to the location of the site identified in the ethnographic and historical accounts.197

190 Meyer 1985. Letter of 9 February 1850 from Lempfrit to the Grey Sisters, Montréal, pp. 221-226.

191 Pemberton 1851b, [Map of] Victoria & Puget Sound Districts Sheet No. 1.

192 Pemberton 1853, [Map of] Victoria & Puget Sound (Esquimalt) Districts, Copy of 1851 original.

193 Arrowsmith 1854. Map of the Districts of Victoria and Esquimalt in Vancouver Island.

194 Keddie (2003, p. 28) suggests that these people were the Swengwhung. Additional information is not available to confirm this supposition. The population of the Swengwhung in 1850, according to the 1856 census, was 185, considerably less than the total population of almost 250 baptised by Lempfrit in 1849 (Meyer 1985, p. 223).

195 Keddie 2005, pers. comm.

196 Pemberton 1851b. [Map of] Victoria & Puget Sound Districts Sheet No. 1.

197 See: Hill-Tout 1907, Report on the Ethnology of the South-eastern Tribes; Willie Jack et al. 1911. Petition of Willie Jack, Mrs. Jack, Hattie Dick, Johnnie George, Thomas James, Dick Linquimituton, Oahanee, Mary Ann James, Jack Dick and Hattie Dick, to the Superintendent General of Indian Affairs, 11 January 1911. NAC, RG 10, Vol. 3690, File 13, 886-4; Mary Ann James Sitlamitza 1911. [Notarized Statement of Mary Ann James Sitlamitza, 28 December 1911, incorporated with James’ Declaration of 10 January 1912 and appended to article by C.M. Tate entitled More About Tom James], Victoria Daily Colonist, 11 January 1912, p. 16; C.M. Tate 1912. More About Tom James. Victoria Daily Colonist, 11 January 1912, p. 16; Suttles 1952, [Notes of 30 December 1952 interview with Cecelia Joe]; Duff 1960-1968, File 51 [Interview notes with Edward and Cecelia Joe]; Duff 1969, Fort Victoria Treaties. Aboriginal Affiliation of the James Bay Reserve 63

6.2 The Possibility of Clallam Villages in Victoria Harbour In his recent book Songhees Pictorial, Grant Keddie raised the possibility that the village on the James Bay Reserve site was one of two or perhaps three villages in Victoria Harbour identified as “Clallam.” Keddie opined that Athese Clallam were married to Songhees people or had relatives among them.@198 While I concur that the Clallam intermarried with the Lekwungen, and frequently visited Victoria Harbour after the establishment of Fort Victoria, sometimes staying for months at a time, it is my opinion that additional evidence supports more convincingly the identification of the James Bay Reserve site as Lekwungen and not Clallam. I base my conclusion on re-examining the available evidence discussed in considerable detail in Appendix C of the present report. In my opinion, problems in the use of nomenclature, along with misidentification of sketches and paintings produced by Paul Kane in 1847 have been largely responsible for anthropologists and historians concluding that the Clallam people had one or more villages in Victoria Harbour in the 1840s. The recent investigations of historian Ian MacLaren (as discussed in Appendix C) have been particularly helpful in sorting out the data. More compelling data concerning the identification of the residents of the James Bay Reserve site is available, and I discuss this evidence in Section 7.0. These data indicate that Lekwungen people occupied the James Bay Reserve site in the 1850s.

6.3 Consolidation Within Other Central Coast Salish Tribes The Central Coast Salish ethnographic record contains several examples of the amalgamation of villages, especially relocations that occurred because of depopulation due to disease and warfare. Such claims are common. In the early historical period, tribes that once contained numerous villages were reduced to only a few, with the survivors of local groups merging together with other survivors and residing more permanently at a few central locations. Suttles wrote of one such merger in his 1955 publication Ethnographic Notes that appears analogous to the integration of the Lekwungen local groups.199 Suttles described how a principal Katzie village on the Fraser River remained in the second half of the 19th century. This village was set aside, along with three other sites, as a Katzie Indian Reserve, although at that time their traditionally-occupied territory included the extensive area drained by Pitt River, together with a

198 Keddie 2003, p. 27.

199 Suttles 1955. Katzie Ethnographic Notes. British Columbia Provincial Museum. Pages 8-11. Aboriginal Affiliation of the James Bay Reserve 64 segment of the Fraser. Similar to the Lekwungen situation, there is some disagreement where the Katzie wintered in precontact times, and the interrelationship of the constitutent groups that formed the tribe. One tradition tells how at the beginning of time the mythical hero created the village of Katzie on the Fraser as a winter headquarters for local groups who returned part of the year, especially the spring and fall, to “their own original territory.” They erected plank houses at these sites, although Suttles suggests “they may have camped occasionally in their mat shelters on every bit of level short [shore] or stream-bank” of Katzie territory. Though Suttles’ aboriginal consultant recognized only three communities of Katzie, he reported the locations of ten of these annually occupied sites, situated between the lower end of Pitt Lake and the Aloutte River, and identified them with the “several ‘tribes or families’ of Katzie.” Certain headmen were the owners of these specific sites and the neighbouring streams and cranberry bogs. Yet, collectively they used the resources of a larger territory.200 Further questioning by Suttles revealed the more precise delineation of certain men – presumably the heads of cognatic descent groups – being the owners of certain places, streams or creeks and the surrounding berry bogs, etc. In the late 1800s, however, the remaining Katzie people, survivors of local groups who once lived around Pitt Lake, wintered at the Katzie village on the Fraser. Eventually, the last survivor who had not previously wintered with the other Katzie was encouraged to join his kin at the principal village. By the 1950s, Suttles had found that the individual rights that had existed formerly were by then consolidated as the collective interests of the Katzie tribe, with places once owned by elite headmen now merged, with little distinction, within the Katzie tribal territory. 201

6.4 Recognition of Indian Bands The Terms of Union that guided British Columbia’s confederation with Canada in 1871 included Article 13 which specified that “the charge of the Indians, and the trusteeship and management of the lands reserved for their use and benefit” would be assumed by the Dominion Government. Several federal policy initiatives and legislative measures introduced in 1868 had already addressed land matters in eastern Canada.202 The new Acts also continued the government’s

200 Suttles 1955, p. 15.

201 Suttles 1955, p. 16.

202 This section on the 1876 Indian Act has been summarized from: John Leslie and Ron Maquire (1978) The Historical Development of the Indian Act. Treaties and Historical Research Centre, Research Branch, Corporate Policy, Indian and Northern Affairs Canada. Pages vi-xi, 52-70. Aboriginal Affiliation of the James Bay Reserve 65 guardianship policy and established precedents for the administration of Indian Affairs in BC. Lands and Enfranchisement Acts of 1868-1869 provided additional definitions of “Indian,” which by 1869 included a blood quantum priviso in the characterization, and designated who would be considered an “Indian,” a particularly thorny issue with respect to the status and membership of Indian women upon marriage. Marriage to non-aboriginal people resulted in such women losing membership in their natal “Indian Band.” Yet, despite the controversy, the 1869 Act provided a number of stipulations that would enter the consolidated Indian Act of 1876. Considerable disagreement regarding Indian Affairs existed between Canada and BC, particularly focussing on land issues, including the amount of acreage to be set aside for Indian Reserves. A Board of Commissioners was established in 1873, but by 1875 had been abolished as unworkable. They found it futile to apply a policy described in Term 13 “as liberal as that hitherto pursued by the British Columbia Government” when no policy existed. Then, in 1875, a series of Orders-in-Council established a Joint Indian Reserve Commission that would meet with the aboriginal people to conclude the issue of Reserve allocation.203 Considerable discussions led to the consolidated Indian Act. The Minister of the Interior, David Laird, introduced the new bill, pointing out the merits of a new Act that would standardize laws applied to aboriginal people in all Canada’s provinces. This included 12 subsections containing legal definitions of previously-controversial terms, such as “Band,” and “Indian.” The term “Indian” according to the 1876 Act applied to the following: First. Any male person of Indian blood reputed to belong to a particular band; Secondly. Any child of such person; Thirdly. Any woman who is or lawfully was married to such person.

Band membership and Indian blood constituted the key criteria for aboriginal status. As set out in section 3(1) of the 1876 Indian Act [S.C. 1876, c.18 (39 Vict.)], the term “Band,” meant: Any tribe, band or body of Indians who own or are interested in a reserve or in Indian lands in common, of which the legal title is vested in the Crown, or who share alike in the distribution of any annuities or interest moneys for which the Government of Canada is responsible; the term “the band” means the band to which the context relates; and the term “band” when action is being taken by the

203 The Joint Indian Reserve Commissioners began their work in the late fall of 1876, travelling from village to village to meet with Natives and allotting or adjusting Reserves. The Commissioners started at Musqueam, and then proceeded to and Howe Sound, where they allotted lands to the Squamish before going to , and from there to Vancouver Island. They visited the Esquimalt and Songhees people in 1877. Aboriginal Affiliation of the James Bay Reserve 66

band as such, means band in council.

Subsequent to, and as a result of the 1876 revisions to the Indian Act, Canada recognized the resident members of the Songhees Point and Esquimalt Harbour communities as separate ABands,@ each with a discrete membership and their own reserved lands. Hence, what began in the early historic period as the Lekwungen tribe, consisting of perhaps as many as a dozen identified local groups, became two “Bands” or modern “First Nations,” each with identified members (see Table 4).

Table 4. The Consolidation of Lekwungen Local Groups from circa 1800 to 2006.

c. 1800 1850 1876 1911 2006

x̣wclx̣wc´lcqw ?

Sluk.u

sqcηíncs Discovery Is. Discovery Is. Songhees Band s§i…ánc{

…ckwηín Chekonein

…i§qáwc… Chilcowitch Songhees Band Songhees Band Chtlåsẹn Songhees Band xwcxwá…ckwηín ?

sxwíηxw η c Swengwhung

Esquimalt Band Esquimalt Band Esquimalt Band xwsέpscm (Songhees family Kosampson transfers to w Whyomilth sx̣ imέ{ə{ Esquimalt Band) sc̣áηcs Teechamitsa

In May 1878, the Joint Indian Reserve Commission confirmed for the ASongish Indians@ the Songhees Point village, Atogether with Deadman=s Island in Victoria harbour and also the northern part of Discovery Island, and the whole of Chatham Island and of the Island immediately west of the same, which three latter were reserved for these Indians by Governor Douglas on the 10th June 1863.@ For the AEsquimalt Indians,@ the Commissioners confirmed the Aboriginal Affiliation of the James Bay Reserve 67

Aland reserve of these Indians in the harbour of Esquimalt . . .@, meaning the Plumper Bay village.204 The Songhees Point Reserve was surrendered in 1911 and the residents moved to their present village at Maplebank in Esquimalt, identified as ANew Songhees@ IR 1a and situated adjacent to the Esquimalt Reserve. The Esquimalt Band and the Songhees Band were the result of a consolidation of the survivors of the six groups who comprised the “Sangees” tribe.

6.5 Summary In the decade before the treaties, Lekwungen people resided in fortified sites at Cadboro Bay and at Plumper Bay, and possibly at sites now unknown. Seasonal sites continued to be occupied as well, including sites on San Juan Island and, according to ethnographic data recorded circa 1950, on Discovery Island and in Victoria Harbour. Various individuals’ accounts recorded by anthropologists have set out divergent views on how the Lekwungen used Victoria Harbour, but all agree that it was indeed used. Lekwungen elders identified a site in James Bay as one of those villages, seemingly occupied seasonally, particularly during the Beacon Hill camas harvest. The establishment of Fort Victoria in 1843 attracted Lekwungen people to Victoria Harbour on a more permanent basis. People from Cadboro Bay, now a consolidation of survivors from outer coast villages, moved to the area north of the HBC fort, with their camps extending as far as Johnson Street. A year after the HBC constructed Fort Victoria, a fire allegedly started by the local aboriginals threatened the fort’s existence, and thus the HBC compelled the Lekwungen to move across the harbour to Songhees Point. Plumper Bay continued to be occupied, although the community appears to have been small. Additionally, Clallam people from the south side of the Strait of Juan de Fuca began visiting the fort for trading and employment, staying for various periods, and camping with fellow tribal members or with Lekwungen kin. Coincident with the development of Victoria, more survivors of Lekwungen villages consolidated in the harbour, and increasingly other Central Coast Salish tribes visited the fort. In 1850, HBC Chief Factor James Douglas called together representatives of the “Sangees” who divided themselves into the six named groups with whom Douglas arranged treaties. Douglas delineated a territory said to be associated with each group, regardless of their then-current residency in Victoria and Esquimalt Harbours, and reserved for them their village sites and

204 Joint Indian Reserve Commission 1878. [Joint Indian Reserve Commission, Provincial Set of Minutes of Decision and Correspondence]. Minute of Decisions, Victoria Superintendency, Victoria District, Songish Indians and Esquimalt District, Esquimalt Indians. 4 and 8 May 1878. British Columbia Archives, Victoria. GR 2982, Box 1, Item 1081/78. Aboriginal Affiliation of the James Bay Reserve 68 enclosed fields. The Swengwhung were identified with Victoria Harbour, and the Kosapsum and Whoyomilth with the Gorge and with Esquimalt Harbour respectively. Yet, the Swengwhung also used the Gorge. Additionally, Hill-Tout, Duff and Suttles recorded how some people who resided at a village situated on the James Bay identified themselves as Kosapsum; the residents of other households residing at James Bay were not identified. Intermarriage with other villages and tribes was common. Members of at least the the James Bay settlement intermarried with Clallam, which may have resulted in the community being mistakenly identified one time as AClallam.@ Aboriginal Affiliation of the James Bay Reserve 69

7.0 THE JAMES BAY RESERVE SITE

James Douglas’ 1850 treaty with the Swengwhung people included the James Bay Reserve site within their ceded lands. Subsequent maps and records acknowledged this land as an “Indian Reserve” that remained occupied until about 1855, at which time the residents reportedly offered it for sale to Douglas, although the extant evidence indicates that this transaction did not likely occur. None of the maps or government documents indicates the identity of the Reserve’s residents. Descendants of a family who resided there, however, associated the Kosapsum group of the Lekwungen with the James Bay village. Others have referred to it simply as a “Songhees” seasonal site.

7.1 Recognition of the James Bay Reserve Early visitors such as William Cook recalled that in 1848 the James Bay and Belleville Street areas were among the numerous locations of aboriginal encampments in Victoria Harbour;205 Father Lempfrit in 1849 observed Aboth shores@ of the harbour covered with lodges.206 Yet even though the 1850 treaties with the six groups comprising the “Sangees” tribe specified that their village sites would be set aside, cartographic recognition of village sites would not occur for several years. Joseph Despard Pemberton, an Irish surveyor and engineer, arrived at Fort Victoria in June 1851 to assist the HBC in surveying its lands, a task that was to result in the compilation of an accurate map of the island. One document, a 19 November 1851 Memorandum of Instructions recorded by Colonial Surveyor Pemberton, appears to indicate that Douglas gave verbal instructions to him to set aside Indian villages around Fort Victoria as Reserves. Only a few months after his arrival, Pemberton noted in an 1851 Survey Field Book, under the date of November 19th, 1851 that he: Rec[eive]d Instructions to reserve 6 villages 200 A each village. 10 Individuals with Families. 20 Ac each Family. I on the arm. II on the S of Mt. Douglas III Gonzalo Pt.207

205 Anon. 1912. Reminiscences of William Cook, 14 May 1912. BCA, E/B/C78.2.

206 Meyer 1985. Letter of 11 June 1849 from Lempfrit to Rev. Ricard, pp. 201-203. 207 BCARS, Add. Mss. 1978, J.D. Pemberton, "Trigonometric Mem[oran]da", 1851, p. 4. The site specified as being "on the arm" likely referred to the village site opposite Fort Victoria, on what became the original Songhees Reserve, at the place described in the Treaty with the "Swengwhung Tribe" as "in the Arm or Inlet of Camosun." The description of the site "on the S. of Mt. Douglas" seems to refer to the village at Cadboro Bay, as the Treaty with the "Che-ko-nein Tribe" referred to that group's Aboriginal Affiliation of the James Bay Reserve 70

Some parts of this memorandum are quite explicit. The references to the villages and the number of people in them indicate that the instructions referred to the creation of Indian Reserves, rather than Fur Trade or Government Reserves. Given the short and simple lines of authority in the colony, the instructions referred to could only have come from Governor Douglas. And the stipulated size of the Reserves ─ 200 acres ─ is clear. Other aspects of the memorandum are less explicit however. While Pemberton received instructions to reserve six villages, only three of the six were identified, and the James Bay village was not among them. Moreover, no other references to these instructions are known to exist in any surviving correspondence. Douglas' reports to the Hudson's Bay Company did not mention these instructions to Pemberton, nor did Pemberton himself make any contemporaneous mention of these instructions in his own correspondence. He subsequently recalled that he had been given “early verbal instructions from the Governor to make a Reserve.”208 Pemberton=s rough survey field notes covering 1851 exist, but contain no indication that any of these six Reserves was ever laid off .209 Nevertheless, it appears that Pemberton=s memorandum indicated that he received oral instructions from Douglas in November 1851 to set aside village sites of 200 acres each as Indian Reserves under the terms of the treaties. For reasons unknown, this instruction was never carried out. Yet in 1851, Pemberton prepared a map of the Victoria district that showed the location of five houses situated on the south shore of James Bay.210 Four of these houses were depicted along the shore within the area known even in 1851 as the AIndian Reserve,@211 although not designated as such on this map, and the fifth was located on the adjacent lot (Section VI, where the Royal BC Museum is located today) that had been acquired

lands being between Mount Douglas and Point Gonzales. The village at "Gonzalo Pt." likely referred to the Village of the "Chilcowitch Tribe," as that group was identified by the Treaty of 1850 as possessing the territory of Point Gonzales.

208 Vancouver Island Minutes of Special Proceedings of a Select Committee of the House of Assembly, Appointed to inquire into the present condition of the Crown lands of the Colony. . ., Testimony of J.D. Pemberton, April 6, 1864, p. 54.

209 BCARS, Add. Mss. 1978, J.D. Pemberton, "Trigonometric Mem[oran]da", 1851, p. 4.

210 Pemberton 1851b. Victoria & Puget Sound Districts Sheet No. 1. Pemberton=s map faintly marks a trail that appears to run from the Camel Point AIndian Village@ towards the small point to the west of the houses.

211 In 1864, J.D. Pemberton reported to the Select Committee that when he came to Victoria in 1851, this site on James Bay was known as the AIndian Reserve.@ See Testimony of J.D. Pemberton, 6 April 1864. In, Vancouver Island Minutes of Special Proceedings of a Select Committee of the House of Assembly, Appointed to inquire into the present condition of the Crown lands of the Colony . . . Victoria BC: Harries and Co. P. 52. Earlier, Pemberton had stated that the actual date of his arrival in Victoria was 24 June 1851. See J.D. Pemberton 1851a. Letter of 11 September 1851 from Pemberton to Governor and Committee of the Hudson’s Bay Company, London. BCA. A/C/15/H86p. Aboriginal Affiliation of the James Bay Reserve 71 by James Douglas, and where he had built a large house.212 While this 1851 map does not identify the five houses as forming part of an aboriginal village, its reserved status was subsequently confirmed by Pemberton in a September 1st, 1854 communication to HBC Secretary Archibald Barclay.213 Pemberton informed HBC London that the James Bay Indian Reserve was missed when the April 12th, 1853 Indenture for Lot 24, the 1,212 acre Fur Trade Reserve No. 1 around Fort Victoria, was prepared for the HBC. In Douglas’ accompanying letter of August 26th, 1854, he acknowledged that the land had been reserved to the Indians “on the general sale of their lands [1850].” He added that they now wished him to buy the Reserve and add it to his own property, a proposition that he declined.214 Presumably, the aboriginal residents were not living full time on this land. Ethnographic accounts report that the occupants relocated to Esquimalt Harbour and Songhees Point once they left it permanently.215 Douglas later explained (in May 1859) that he acquired the 10 acres of land at the James Bay site for the future legislative buildings Awithout expense@ because this land was Aa public reserve.@216 However, when Douglas had earlier proposed his scheme for erecting public buildings on the James Bay site to his appointed Council of advisors, the recorded minutes of the Council for March 25th, 1859 indicate that his plan clearly proposed using the James Bay Indian Reserve: A Plan, contemplated by his Excellency for building the various Government Offices & residences on the Indian Reserve near James Bay & selling the Government land near the Fort to defray the Expenses was next discussed.217

The first known map that explicitly identifies the James Bay village as an AIndian Reserve@ was

212 Vancouver Island Land Registry 1851. Deed, James Douglas, 15 December 1851. Deed Book, folio 1. Crown Grant Vault, Land Title & Survey Authority of British Columbia, Victoria.

213 J.D. Pemberton 1854. Letter of 1 September 1854 from Pemberton to Archibald Barclay, enclosing sketch map. HBCA, A.11/75, fo.300-300d, 302; see also BCA, A/C/15/H86P, pp.132-134; and, Hudson’s Bay Company Minutes 1854. Minutes of the Hudson’s Bay Company, London, 13 November 1854. HBCA, A.1/69, pp.163-164.

214 James Douglas 1854. Letter and enclosures of 26 August 1854 from Douglas to Archibald Barclay, HBC London. HBCA, A.11/75, folios 281-282d.

215 Hill-Tout 1907, p. 307; Suttles 1952; Duff 1969, p.33.

216 James Douglas 1859b. [Douglas to the House of Assembly of the Colony of Vancouver Island, 7 May 1859]. Journals of the First House of Assembly of the Colony of Vancouver Island, 1856-1859. In, Journals of the Colonial Legislatures of Vancouver Island and British Columbia, 1851-1871. Edited by James Hendrickson. Vol. II, p. 96.

217 James Douglas1859a. [Douglas’ plan to build Government Offices on the James Bay Indian Reserve, 25 March 1859]. Journals of the Council of the Colony of Vancouver Island, 1851-1863.In, Journals of the Colonial Legislatures of Vancouver Island and British Columbia,1851-1871. Edited by James Hendrickson. Vol. I, p. 25. Aboriginal Affiliation of the James Bay Reserve 72 prepared by J.D. Pemberton in 1854. His sketch shows an "Indian Reserve" immediately to the west of Section VI (Douglas= personal property) on the south shore of the Harbour. According to a report Pemberton sent to HBC Secretary Barclay: AIn the transfer to the Fur-Trade of Lot No. 24, Section XVIII, A Reserve of 10 a[cres] for the Indians as marked on the enclosed tracing should have been left.@ The Indian Reserve, Pemberton informed him, was Anow marked on the ground. . . [email protected] An 1855 map entitled AVancouver Island, Lands & Works, Victoria Town@ delineates the James Bay Indian Reserve and labels it "Indian Reserve (10 acres)." 219 The map does not show buildings on that site. Another 1855 map of Victoria was modified by hand colouring to identify the James Bay Indian Reserve, and also the Songhees Indian Reserve on the west side of the harbour, as "Indian Reserves."220 To the west of the James Bay Reserve, however, the Victoria Town Map of 1855221 shows the location of what appears to have been aboriginal longhouses situated in the environs of what became the foot of Pendray Street and Oswego Street (in the area of the present-day Victoria Clipper terminal). The 1855 Victoria Town Map indicates that this area had been surveyed into lots and that the lot lines transected the locations of the rectangles indicating buildings, which both Keddie222 and I believe are likely aboriginal plank houses. Possibly this was the site described by the editors of the Weekly Victoria Gazette on August 28th, 1858 as Aan encampment near . . . Capt. Mouatt=s residence,@ said to have been occupied by the “Clallam.” The editors opined that the inhabitants of this village Aentirely disappeared@ sometime around 1856 (see Appendix C of the present report). It is certainly possible that the occupants of this settlement near Captain Mouatt=s residence were Clallam people. Or they may have been Kosapsum people misidentified as Clallam, as the two groups are known to have been intermarried in the mid-1800s. By the time of the Fort Victoria treaties, some Clallam people who were originally from the south side of Juan de Fuca Strait had established a village at Witty=s Lagoon, and then one at Rocky Point in Metchosin. Still, the

218 Pemberton to Barclay, September 1, 1854, enclosing sketch map.

219 Vancouver Island, Lands & Works, Victoria Town 1855. Maps and Plans Vault, Land Title & Survey Authority of British Columbia, Victoria. 5L13.

220 Pemberton 1855b. The South Eastern Districts of Vancouver Island.

221 Victoria Town Map of 1855. [True and exact copy of the original Victoria Town Map of 1855 made by Herrman O. Tiedemann]. HBCA, A.11/80, folio 167.

222 Keddie 2003, pp. 28, 53. Aboriginal Affiliation of the James Bay Reserve 73 possible presence of Clallam people at the foot of Pendray Street prior to 1856, or encamped anywhere else in the harbour, does not answer the question concerning the identity of the aboriginal people for whom the 10-acre James Bay Indian Reserve was set aside.

7.2 Identity of the James Bay Reserve Residents It was Douglas= treaty with the Swengwhung group of Lekwungen that included the area of the James Bay Reserve and Areserved to them on the general sale of their lands” [in 1850] all of their villages. As discussed in section 4.1.1, ethnographic accounts have associated the Swengwhung with Victoria Harbour, specifically a site in the Johnson Street ravine, as well as Songhees Point, and presumably among those identified simply as the “Songhees” [Lekwungen] who camped seasonally at the James Bay Reserve site while digging camas on Beacon Hill. While newspaper editors in August 1858 identified a village site located just west of the Reserve, at what is today the Victoria Clipper terminal near the foot of Oswego Street, as being occupied by “Clallam” people, the best information on the identity of at least some of the residents of the James Bay Reserve comes from someone who actually lived there -- a woman named Mary Ann James, whose ancestral name was ASitlamitza.@ On 28 December 1911, Mary Ann James signed a notarized statement that provided the history of the James Bay village and identified some of its residents.223 Mary Ann James swore in that statement: AI was born in my father=s house, in front of where the present parliament buildings now stand.@224 Mary Ann also testified that her mother died during her birth, and her father died soon after, leaving Mary Ann in the care of her uncle, AChief Seesinak.@225 This man must be ASay-sinaka,@ the fifth name appearing on the 1850 Kosapsum treaty. The same name was subsequently transcribed by Duff as síscnck, and by Suttles as síscncq, identified as Edward Joe=s father=s mother=s father.226 Edward Joe also held the name

223 Mary Ann James Sitlamitza 1911, Notarized Statement.

224 Mary Ann James’ death record indicates that she was 66 years old at the time of her death on December 3rd, 1912, suggesting she was born circa 1846. BC Death Reg. Number 1912-09-027897. According to Mary Ann’s 1899 marriage record, she was born in 1850.

225 Mary Ann James Sitlamitza 1911, Notarized Statement.

226 Duff 1960-1968, File 51, Notes with Edward and Cecelia Joe; Suttles 1952, Cecelia Joe interview. Aboriginal Affiliation of the James Bay Reserve 74 síscncq.227 The sister of ASeesinak@ (síscncq), according to Mary Ann James, lived at Victoria, presumably on the Songhees Point site. Mary Ann reported: “my younger days were spent between Victoria, with my aunt, Seesinak’s sister, and Esquimalt, with an occasional visit to my grandmother at Saanich.” A list of some residents on the Songhees Reserve, attached to an 11 January 1911 petition (with Mary Ann James Sitlamitza as one of the signatories), affirms that Mary Ann James Awas born on old Reserve, which is now part of Victoria.” The brief biographical sketch that appears with this petition provides additional information relating to Mary Ann James, and to the Kosapsum:

Mary Ann James: Wife of Thomas James. Born on old Reserve, which is now part of Victoria. Grandfather Pahkwia, one of three brothers, chiefs of Sthapsang [Kosapsum] Tribe who claimed upper Victoria Harbour. Parents Songhees, died when she was an infant. Raised by her Uncle named Sesenk [síscncq]. Lived on Songhees Reserve at Victoria until married to Thomas James.228

The Aold Reserve, which is now part of Victoria@ to which Mary Ann referred in her statement was the former James Bay Reserve. This is where Mary Ann was born to ASonghees@ parents, meaning in this context ALekwungen.@ Her grandfather and his brothers were the Kosapsum community=s leading men and claimed Aupper Victoria Harbour.@229 Mary Ann James= grandfather would likely have been born in the 1790s. But he must have died prior to the 1850s, as his name, APahkwia,@ does not appear on the list of treaty signatories. Reverend C.M. Tate, a Methodist missionary who first arrived in Victoria in 1873, at the start of a career that took him to several aboriginal communities,230 wrote to the Colonist on 11 January 1912, sending along a copy of Mary Ann James= Notarized Statement, and writing in support of

227 Suttles 1952, Cecelia Joe interview.

228 Willie Jack et al. 1911. Petition to the Superintendent General of Indian Affairs.

229 Mary Ann gives the tribal affiliation of both parents as ASonghees@ [i.e., Lekwungen] (Willie Jack et al. 1911) thereby deflating the argument that a possible single Clallam parent contributed to this village being identified as AClallam@ by the editors of the Weekly Victoria Gazette in August 1858.

230 Reverend Tate states in the 11 January 1912 letter that he had been “in close touch with the Songhees Indians for, upwards of forty years,” and therefore he could “set some matters straight.” In fact, Reverend Tate’s entire career included periods spent among the and Bella Bella people, as well. Aboriginal Affiliation of the James Bay Reserve 75 her position. In his letter, Rev. Tate noted that Athe home of the Sapsams [Kosapsum] was Victoria Harbour, and their village stood in front of where the parliament buildings now stand.@231

The name síscncq appears also in Wayne Suttles= 1952 notes with Cecelia Joe (b. circa 1890), wife of Edward Joe (b. circa 1885), who was then Chief of the Esquimalt Reserve, and was the great-grandson of síscncq. Genealogical data collected by Suttles in 1952 indicate that the Kosapsum man named síscncq and the Clallam man named stcqέncm232 were co-parents, a relationship in Central Coast Salish society indicated by the use of a special kinship term, for the (unnamed) daughter of the former married qc̉ …ímct, the son of the latter.233 It should be noted that marriage in traditional Central Coast Salish society was an economic union arranged between two families, coincident with the formalized giving of goods, the first in a series of exchanges. This also provided one family with access to resource areas used by the other, through either exchanges or direct use.234 It is because of such a rule that Grant Keddie concluded that either the Clallam joined the Kosapsum in Victoria Harbour, or that the Kosapsum joined the Clallam once they arrived.235 As discussed below, the former scenario (involving the co-parent relationship) is most consistent with the accounts provided by descendants of some of the James Bay Reserve residents: i.e., the Clallam joined a Kosapsum family who lived there. It is also consistent with statements from Clallam elders who told Erna Gunther in the 1920s, with respect to the possible presence of Clallam villages in Victoria Harbour, that they had Ano tradition of a village of their own in the neighbourhood@ [emphasis added].236 Moreover, James Douglas treated with Clallam people at Rocky Point in Metchosin,

231 Tate 1912. More About Tom James.

232 The name Suttles transcribed in 1952 as “stcqέncm” (or “stcqéncm”) is the same name that Gunther (1927, p. 190) transcribed as AStEk!‘!nim@ and identified as the individual who came across from the south side of Juan de Fuca Strait, and who owned a house at Becher Bay.

233 Suttles (2004a, pers. comm.) has clarified that qc̉ …ímct was the son of scc̉ qíncm (the same name transcribed by Suttles in 1952 as “stcqέncm” or “stcqéncm”) and that the former was “the grandfather” of Edward Joe of Esquimalt. However, in a chart Suttles prepared in connection with his 1952 interview with Cecelia Joe, he mistakenly placed the name of sc’cqíncm in the position of grandfather, even though the accompanying notes indicate that scc̉ qíncm was actually Edward Joe=s great- grandfather (Suttles 1952).

234 Suttles examined this issue in his article entitled Affinal Ties, Subsistence and Prestige, American Anthropologist, 1960, Vol. 62, No. 2, pp. 296-305.

235 Keddie 2003, p. 53.

236 Gunther 1927, p. 180. Similar information was provided by ethnographer/photographer Edward Curtis who wrote in 1913, Aboriginal Affiliation of the James Bay Reserve 76 not in Victoria Harbour. Edward Joe told Duff that prior to the establishment of Fort Victoria the Kosapsum had lived seasonally not only in the upper Gorge village from which they took their name, but also at Plumper Bay in Esquimalt, and in Victoria=s inner harbour. As recorded in Duff=s notes: Axwsέpscm were at [Legislative] Bldgs C moved according to the seasons.@237 Thus, Mr. Joe identified the James Bay Reserve as a site occupied seasonally by Kosapsum people.238 Mr. Joe also stated that the residents of the James Bay site hauled gravel here to fill in the muddy areas.239 Other Lekwungen people have also noted the muddy nature of James Bay. Sophie Misheal and Ned Williams told Duff that they recognized the area “where Empress Hotel is” as Axwsé·qcm,” meaning >muddy place,= and stated that ASonghees@ people camped here while digging camas on Beacon Hill, apparently the location of some Lekwungen “summer sites”.240 Thus, the place name derived from the presence of ‘mud,’ appears to have been applied generally to James Bay, where low tide exposed a large mud flat, and specifically to the location of the houses on the south side of this bay, a site that would have been the accessible by canoe, even on the lowest tide.

The descendants of síscncq indicate that the James Bay Reserve site was occupied seasonally by a group of people (at least prior to the mid-1800s), some of whom identified themselves as Kosapsum. When síscncq and his extended family moved from this site to Esquimalt Harbour, some other residents moved to the Songhees Point site. After síscncq died, his daughter, “Mrs. Charles,” was recognized as the head person of the Kosapsum. Later, to take her position, she is said to have “adopted” her nephew Joseph sínúp’cn, son of the Clallam man qc̉ …ímct (whose own father was stcqéncm, the leader who came from the south side of Juan de Fuca Strait) and

on the basis of his own research with the Clallam and with reference to Kane’s identification of “a Clallam village on Victoria harbor,”that: “the traditionists do not now name any portion of Vancouver Island as former Clallam territory.” See Edward Curtis, The North American Indian: Vol. 9, Salishan Tribes of the Coast. Norwood, Massachusetts: Plimpton Press, 1913 (reprinted in 1970 by Johnson Reprint, New York). P. 19.

237 Duff 1960-1968, File 51. Interview with Edward and Cecelia Joe.

238 Duff 1969, pp. 33-35, 45.

239 Duff 1960-1968, File 51, Interview with Edward and Cecelia Joe; Duff 1969, pp. 44-45. 240 Duff 1960-1968, File 51, Interview with Sophie Misheal and Ned Williams; Duff 1969, pp. 44-45. Camas (Camassia leichtlinii) is a starchy bulb that formed a staple food among these aboriginal people. In the late spring they harvested large quantities of the bulbs from Beacon Hill. Aboriginal Affiliation of the James Bay Reserve 77 the Kosapsum daughter of síscncq; Mrs. Charles adopted the brother of Joe sínúp’cn, as well.241 Duff recorded that Chief Edward Joe, son of Chief Joe sínúp’cn, considered the Kosapsum to be his people. Moreover, Suttles reported in his 1951 doctoral dissertation that the name Kosapsum is presently applied to the Esquimalt Harbour people, that is, to those people living on the Esquimalt Indian Reserve. I agree. 242 Gerry Thomas, the nephew of Chief Andrew Thomas who became Chief of the Esquimalt Nation after the death of Edward Joe in 1972, currently holds the name síscncq. The name síscncq was previously held by Gerry Thomas’ late father, also named Gerry Thomas, who was Chief Andrew Thomas’ brother. Andrew Thomas, himself, holds the name sínúp’cn, the ancestral name formerly held by Edward Joe’s father.243 The man named síscncq who lived at the site of the Parliament Buildings was Chief Andrew Thomas’ 3rd great grandfather (mother’s mother’s father’s mother’s father).

Mrs. Joe reported that it was only síscncq and two sisters and their families who moved from the James Bay Reserve site to Esquimalt, and that other James Bay Reserve residents went to the Songhees Point village.244 Thus, the residents who left the James Bay Reserve, likely in the mid to late-1850s, went to other lands belonging to the Lekwungen C the Esquimalt Harbour and Songhees Point villages. Whether these individuals were regarded as Kosapsum or some other Lekwungen group cannot be determined, but the fact that they joined the Songhees Point village suggests that they were of Lekwungen ancestry.

7.2.1 The Move from the James Bay Reserve Mary Ann James=s notarised statement says with respect to ASeesinak=s@ [síscncq ] residency at Esquimalt after leaving the James Bay Reserve site, Athat when Sir James Douglas moved the

241 Suttles 1952, Cecelia Joe interview. In these notes, Mrs. Joe identified “Mrs. Charles” as Edward Joe’s father’s mother’s sister.

242 Duff 1960-1968, File 51, Interview with Edward and Cecelia Joe; Suttles 1951, p. 17.

243 See also Wilson Duff 1968 ([Fieldnotes of interview with Martha and Johnny Guerin, 17 July 1968]. Originals held by Royal BC Museum, Victoria. Wilson Duff Collection, File 150) where the ancestral name síscncq is mentioned as it relates to the Kosapsum.

244 Suttles 1952, Cecelia Joe interview. Aboriginal Affiliation of the James Bay Reserve 78

Indians to the reserve across the bay, my uncle asked for a place at Esquimalt.@245 This latter statement is generally in accord with this family’s history as it was recorded by Hill-Tout and Suttles, although the suggested correlation of the events appears faulty, as discussed below. Charles Hill-Tout, on the basis of his 1905 interviews with Edward Joe=s father, Joseph sínúp’cn,246 and others, including Mary Ann [Sitlamitza] James (identified by Hill-Tout as “Mrs. Thomas James”), reported that Aafter the founding of [Fort] Victoria . . . Governor Douglas . . . transplanted the village of the QsapsEm [Kosapsum], who dwelt near the spot where the Parliament Buildings now stand, to Esquimalt Harbour where a remnant of the tribe still lives.@247 Cecelia Joe, Edward Joe’s wife, told Suttles that the move of “the Esquimalt” to the Plumper Bay site in Esquimalt Harbour coincided with the move of the Cadboro Bay people to Songhees Point. Some of the residents of the James Bay village, she added, “stayed with the Songhees.”248 Edward Joe, himself, simply reported that the people moved back to Esquimalt Harbour.249 A fifth source, informed by “Mrs. Sam,” an unidentified Lekwungen woman, tied the move of the people from the James Bay site to the treaty. Martha Douglas Harris, daughter of Sir James Douglas and an advocate for the local aboriginals, stated in a letter of 19 November 1895: “Mrs. Sam’s Father was one of the chiefs who made the treaty with my Father, the late Sir James Douglas, that they would move to the present reserve and give up the lands that the Government buildings etc are now built on.” The “present reserve” referred to in Mrs. Harris’ letter was the Songhees Point village. These five accounts, taken together, infer that Lekwungen people moved from the James Bay Reserve site at the behest of James Douglas: the first account ties this event to an alleged involvement of Douglas in the first move of the Lekwungen to Songhees Point; the second account vaguely places the move in the period “after the founding” of Fort Victoria; the third says it coincided with the move of people from Cadboro Bay to Songhees Point; the fourth is vague; and the fifth links the move with the treaty. The first three accounts could be speaking of the same time – when some of the Lekwungen first moved to Songhees Point; however, the fifth account asserts that the move from James Bay was a condition of the treaty of 1850. Either

245 Mary Ann James Sitlamitza 1911, Notarized Statement.

246 Suttles= 1952 transcription.

247 Hill-Tout 1907, p. 307

248 Suttles 1952.

249 Duff 1969, p. 33. Aboriginal Affiliation of the James Bay Reserve 79 correlation appears spurious. Moreover, I have not found support for the inference that Douglas arranged a land exchange. HBC Trader Roderick Finlayson addressed the move of the Lekwungen to Songhees Point in his biography, prepared in 1891. At that time, he recalled that “the origin of the present Indian Reserve” occurred when he, not Douglas, was in charge of Fort Victoria. Finlayson’s biography discusses the aboriginals’ relocation in connection with other events of 1844. Other historical accounts (see Appendix C ) noted the presence of an Indian village on Songhees Point after this time, providing support for relocation to have occurred in 1844. Yet, nothing has been found to tie the alleged relinquishment of the James Bay site with the onset of residency at Songhees Point. In fact, J.D. Pemberton’s 1851 map of the Victoria district shows the location of houses on Songhees Point, in addition to five houses situated on the south shore of James Bay250 Nor did the 1844 event – or even the 1850 treaties – occur coincidently with the establishment of a village in Esquimalt Harbour. A village at Plumper Bay had been indicated on the 1842 Lewes map.251 Recognition of this village (in addition to the Songhees Point village) as an “Indian Reserve” was marked on a map Pemberton prepared in the summer of 1853.252 The James Bay village, as noted above, appeared on 1854 and 1855 Pemberton maps as an “Indian Reserve.” Hence, James Bay, Songhees Point and Plumper Bay were all occupied at the same time. This suggests that an exchange did not occur. On this same subject, Douglas acknowledged in 1854 that the James Bay land had been reserved to the Indians “on the general sale of their lands [1850],” that they had offered to to him for sale, but that he had declined their proposition.253

7.3 Post-Treaty Affiliation After the time of the treaties, most references to the Lekwungen were to the ASonghees@ people, without further delineation of the composite groups recognized by Douglas in the treaties, and by anthropologists in their later investigations. However, a dispute concerning the federal government=s erection of an Immigration Shed on the Songhees Reserve that was filed in the Supreme Court of British Columbia in 1885 brought the name of the Swengwhung before the

250 Pemberton 1851b. Victoria & Puget Sound Districts Sheet No. 1.

251 Lewes 1842.

252 Peninsula Occupied by the Puget Sound Company. HBCA G.1/258m.

253 James Douglas 1854. Letter and enclosures of 26 August 1854 from Douglas to Archibald Barclay, HBC London. HBCA, A.11/75, folios 281-282d. Aboriginal Affiliation of the James Bay Reserve 80 public. The aboriginal leadership of the Songhees Reserve hired a lawyer and filed documents in Court, including an affidavit dated 27 October 1885 in which certain members of the Lekwungen invoked the Swengwhung treaty in an effort to safeguard their interests in Songhees Reserve lands.254 The document is useful, for it illustrates how the Reserve members were represented explicitly by signatories, and descendants of signatories, to the Swengwhung treaty, as well as by leaders whose ancestors had been identified in the treaty as the Atribe or family of the Che-ko- nein.@ It was the land interests of the aboriginal Swengwhung, nevertheless, as defined by the treaty, that were highlighted to bolster the Songhees Band=s claim to the land of the Songhees Reserve. When lawyers drafted the October 1885 document, AComiak@ was identified as AChief of the Swengwhung Tribe of the Songhees Nation of Indians.@ Comiak, sometimes called Chief Jim or James Scomiak (with various transcriptions of his ancestral name) stated that he was Aone of the persons who signed the paper writing dated the thirtieth day of April 1850 . . . consenting to surrender and sell@ the Swengwhung lands.255 The name AComiak@ according to Jimmy Fraser is pronounced kume!ycks, with the stress on the second part of the name.256 Duff found a similar name on the South Saanich treaty of 7 February 1852, where it was transcribed AComey-uks.@ Moreover, Jimmy Fraser told Duff that his own grandfather, Chief Freezy, Ainvited James Kumayaks [kume!ycks] of Sidney Island to move to Victoria.@257 Yet, Comiak advised the lawyer preparing the 1885 document that he signed the Swengwhung treaty. If this is so, then he may have been the individual identified as AHomayits,@ the eleventh name on the Swengwhung treaty, a linguistically plausible match. Possibly kume!ycks appeared at both gatherings C the 1850 meeting for the Swengwhung treaty and the 1852 meeting for the South Saanich treaty. Perhaps the lawyer misunderstood what he was being told, or the interpreter relayed the information incorrectly. There are few other explanation that would reconcile AComiak=s@ sworn statement made in 1885 that he, in fact, signed the Swengwhung treaty.

A 1911 petition clarifies that at least one of James kume!ycks parents was Lekwungen,258 likely

254 Comiak et al. vs. W.J. Findlay & R. McLellan. Affidavit, filed October 1885, Supreme Court of BC. AGBC Doc. 721723.

255 Comiak et al. 1885, Affidavit.

256 Duff 1951, File 50, Interview with Jimmy Fraser. Note the stress on this term.

257 Duff 1969, pp. 50-53.

258 Willie Jack et al. 1911. Schedule A. The mother of Willie Jack=s wife was said to be a Songhees woman who was a sister Aboriginal Affiliation of the James Bay Reserve 81 facilitating his relocation here in accord with Lekwungen membership rules. Soon after Jim moved to the Songhees village, he became recognized as Chief of the Songhees, a position he maintained from 1864 until his death in 1892. Hence, in 1885, Comiak was regarded not only as a member of the Songhees, but also as their headman.259 Other signatories to this 1885 document included “Kuskaynum,” the 3rd Swengwhung name on the treaty, and “Chess Snawnuck,”260 the 1st name on the Swengwhung treaty, as well as Charles Fraser and Louis Fraser. The Fraser brothers were lineal descendants of AChief Freezy,@ No. 3 on the Che-ko-nein treaty. Nevertheless, the 1885 document referred to their father as “the former chief of the said Swengwhung tribe.” The 1885 affidavit=s association of the Songhees Point Reserve land with the ASwengwhung@ further supports the inclusion of this area within the lands that the Lekwungen people delineated as Abelonging@ to the Swengwhung in the 1850 Treaty. Additionally, the document illustrates how descendants of a couple of James Douglas= ASangees@ treaties, now resident together in one village, jointly expressed their rights to land recognized specifically by one of the treaties. The term “Swengwhung,” as used in 1885, clearly referred to all those who resided on Songhees Point, without regard to any former recognition of local group affiliation. Others didn’t always appreciate the relationship of the local groups to the tribal entity. Bishop Lemmens, for example, writing circa 1890, stated that only four or five men of the original ASkween-ghong@ (Swengwhung) remained at that time; the others present on the old Songhees Indian Reserve on Victoria Harbour had come there from the outside villages. AAll but the Skween-ghong will, of course, attempt to deny this,@ Lemmens added.261 Regardless of the veracity of the Bishop’s opinion, in 1885 the leaders and residents of the Songhees Reserve, and their legal counsel, asserted rights flowing from the treaty’s recognition of the land as Swengwhung. Residents of the Songhees Reserve in 1885 comprised a “Band” who were successors to what were formerly six local groups who together formed the ASangees@ tribe with whom Douglas had made individual treaties in 1850. Members of the “Esquimalt Band” in 1885 were also the

to Chief Sk=hy-ax.

259 It appears that he also carried the name ASki.ax,” as given on a May 1876 census. A census of the Songhees that was said to have been done Aearlier@ has only the name AScomiax,@ along with a note that there was not a congruence between the two lists Aowing to the fact of Indians frequently changing their names after they have given away property.@ I.W. Powell,. circa 1877. Records, Indian Tribes, British Columbia. NAC, RG 10, Vol. 11,213. Jim Scomiax and Jim Ski.ax must be the same person.

260 Son of Snawnuck on the Swengwhung treaty. See Fort Victoria Treaties 1850-1852, Treaty with the Swengwhung.

261 Lemmens c. 1890. Aboriginal Affiliation of the James Bay Reserve 82 successors to what were formerly distinct local groups who together formed the ASangees@ tribe. Pursuant to the Indian Act, however, the Songhees and the Esquimalt were, as of 1876, each considered a distinct “Band.” Members of the Songhees and Esquimalt continued to acknowledge an ancestral bond emanating from their Lekwungen tribal affiliation C as evinced in the ethnographic notes recorded by anthropologists. Still, as was common in other Central Coast Salish areas, feelings of independence and rivalry grew once the Department of Indian Affairs established Bands and Trust accounts, especially when discrete membership lists needed to be ascertained for the purpose of surrendering lands or resources, and especially for determining who would receive the Surrender monies. The issue of a discrete membership in the Songhees Reserve surfaced during protracted discussions focussed on the 1911 Surrender of the Songhees Point village, a deal that required the assent of a majority of males over twenty-one years. The uneven application of membership criteria provoked an acrimonious examination of which particular residents, assessed using Department of Indian Affairs’ rules, might correctly claim funds resulting from the Surrender of the Reserve. At this time, several Songhees leaders applied a draconian interpretation that favoured some members over others, and excluded Mary Ann James (Sitlamitza) on the grounds that she was ASapsam@ (Kosapsum) and not ASonghees.@262 Local Whites joined in the debate, including James Douglas= daughter, Martha Douglas Harris, who pointed out the inequity of the situation.263 Reverend C.M. Tate also spoke out on behalf of Sitlamitza=s predicament and submitted her sworn statement setting out how Chief Skomiax (kumέyәks) invited Mary Ann and her husband to live on the Songhees Reserve.264 Opposition to her presence stemmed from her husband=s natal membership in a Vancouver Island Halkomelem Band, and Mary Ann=s own Kosapsum affiliation. Nonetheless, her cousin, the daughter of the Kosapsum Chief Seesinak accompanied Mary Ann James to the Indian Office where the women received confirmation that Mrs. James Awas not only born into the tribe, but as the adopted daughter of Seesinak, . . . could claim place amongst the first families as a member of the Songhees [Lekwungen] tribe . . [email protected] The fact that only certain Songhees Band members received funds from the Surrender of their

262 William Roberts 1912. Letters to the Editor: Who Tom James Is. Victoria Daily Colonist, 10 January 1912, p. 10.

263 Martha Douglas Harris 1912. The Case of Tom James. Victoria Daily Colonist, 7 January 1912, p. 11.

264 Tate 1912, More About Tom James.

265 Mary Ann James Sitlamitza 1911, Notarized Statement. Aboriginal Affiliation of the James Bay Reserve 83

Reserve created further division between the Songhees and . In addition to stating that Athe wrong people were paid,@ Cecelia Joe of Esquimalt recalled her father-in-law, Joe Seenopin (or Sinupen), deflating any displays of presumed superiority among the Songhees Band members (due to their newly-acquired wealth) by telling them that Athey had sold what didn=t belong to them.@266 It seems that Mr. Joe believed that his people (the Kosapsum) should have been paid, too. Also in 1911, some members of the Songhees Band transferred to the Esquimalt Band. In an agreement dated 8 September 1911, Chief Joe Seenopin and his son, Edward Seenopin (Edward Joe), said to be the only living male members of the Esquimalt Band over the age of 21, accepted Andrew Tom and his family, comprised of his wife and four children, as Esquimalt Band members.267 Edward Joe had no surviving children, and since his closest relatives were female, the future of the Band was threatened. Importantly, when the Esquimalt Band wished to increase their membership, they invited a Lekwungen family from the Songhees Reserve to join them.

7.3.1 Continuity of Membership Anthropologist Wilson Duff remarked that Douglas “took meticulous care in writing down the names of the individual men on the treaties,” an accomplishment, Duff observed, that “cannot be admired too much.”268 Douglas’ task was especially laudible considering the complexity of the phonology of the languages of this area, and the fact that the science of linguistic transcription would not be perfected for many years. Linguistically-naïve transcriptions also plagued lists of male names compiled by Indian Superintendent I.W. Powell in the 1870s, and by JIRC census- taker George Blenkinsop in 1876-1877, a man who did have some recognized facility with the aboriginal languages. Very few census data are available for the period between the time of the treaties in 1850 and the formation of the two Lekwungen “Bands” (Songhees and Esquimalt) in 1876. Church records, often so valuable for reconstructing aboriginal populations, are also sparse for this area and time. While we cannot be certain that the presence of names appearing on lists prepared 26 years apart are unequivocally the same individuals, comparisons of the transcriptions

266 Suttles 1952, Cecelia Joe interview.

267 Chief Joe Seenopin and Edward Seenopin [Edward Joe] 1911. Petition to Office of the Inspector of Indian Agencies, 8 September 1911. NAC, RG 10, Vol. 11,048, File 33/3, Part 4. In the same file, the local Indian Agent had earlier noted, with reference to a December 1906 Esquimalt Reserve Surrender document, that Chief Joe Senopian was at that time Athe only living male member of [the Esquimalt] band 21 years of age.@

268 Duff 1969, p. 53. Aboriginal Affiliation of the James Bay Reserve 84 from the 1850 and 1876/c.1877 lists do appear to establish continuity of membership in the Lekwungen tribe. These comparisons are presented in Appendix D of this report. These data indicate that members of the six local groups treated by Douglas in 1850 had by 1876, amalgamated to form two Bands, the Songhees and the Esquimalt. Signatories, or their descendants, who had been associated with Kosapsum and Whyomilth were by then residing on the Songhees Reserve with people whose earlier local group affiliation had been Chekonein and Chilcowitch. The Esquimalt Harbour village remained small. Nevertheless, the continuity of names suggests that the area remained occupied by Kosapsum and Whyomilth people. By 1876, both of these villages were home to Lekwungen people from several local groups. Songhees Nation and Esquimalt Nation members trace their ancestry to some of the treaty signatories. While I have not completed genealogies of the Lekwungen, the available data indicate that among the families whose ancestors’ names appear on these lists are the following: the George family, descendants of “Chayth lum ,” the first name on the Che-ko-nein treaty; the Albany and Fraser families, decendants of “Chee-al-thluc,” also found in 1850 among the Che- ko-nein treaty; the Thomas family, descendants of “Say-sinaka,” the fifth name on the Kosampsom treaty; the Golledge family and Martha Guerin, descendants of “See-al-sut,” a Whyomilth man; and the Dick family, descendants of “Ha-qualuck,” a Swengwhung man. Others could certainly be noted.

7.4 Summary The site of the James Bay Reserve was included within the lands that James Douglas associated with the Swengwhung group of “Sangees.” By 1854, nevertheless, Douglas reported that the aboriginal residents of the James Bay Reserve site, which he set aside by an 1850 treaty, no longer required this place for a village and had offered it to him for sale. He declined their offer. While ethnographic and historical documents provide contradictory accounts of when the residents left the Reserve, and under what circumstances, no aboriginal testimony has been found to suggest that anyone received payment for the James Bay Reserve site. Members of a Kosapsum family, including that of a woman born on the James Bay Reserve site in the mid- 1840s, specified that James Douglas induced the residents to relocate, without mention in their accounts of any payment. Some former residents went to Esquimalt Harbour, and others moved across the harbour to Songhees Point, both sites that Lekwungen people were already occupying and which had been identified on maps as Indian Reserves as early as 1853. The 1876 Indian Act separated the Lekwungen into two Bands C the Songhees and the Esquimalt Aboriginal Affiliation of the James Bay Reserve 85

C each with a discrete membership and Trust account. By the time the Joint Indian Reserve Commission reviewed the situation of Reserves in the Victoria area, during a few visits made between 1876 and 1878, Lekwungen villages remained in Plumper Bay (Esquimalt Harbour), where the residents became known as the AEsquimalt Band,@ and on Songhees Point in Victoria Harbour and also on Discovery and Chatham Islands, all of which were recognized as belonging to the ASonghees Band.@ The population of both Bands, nevertheless, contained descendants of a number of Lekwungen local groups. Acrimonious division between the Esquimalt and the Songhees surfaced on such occasions as the 1911 Surrender of the Songhees Point Reserve, when certain members received money and the community relocated to Maplebank in Esquimalt Harbour. Bitter feeling existed among those who did not receive payment for the (old) Songhees Reserve, especially among those Lekwungen recognized as members of the Esquimalt Band, and others whom the Songhees’ leadership wished to exclude. The residents of the Esquimalt village, reduced to only one male member over 21 in 1906, invited a Songhees family to join them in 1911, resulting in the Andrew Tom family relocating to Esquimalt. Aboriginal Affiliation of the James Bay Reserve 86

8.0 CONCLUSIONS

This report has addressed five specific questions identified by Counsel for the Songhees and Esquimalt First Nations in a letter of instruction dated 18 June 2004, and a subsequent letter of 28 February 2006. These questions relate to the aboriginal occupation of the James Bay Reserve site, a parcel of land situated on the south side of James Bay in Victoria Harbour that was set aside by treaty in April 1850. Counsel’s letters also requested comment on several issues relating to the social organization of the aboriginal people associated with this reserved land. As reviewed in this report, the James Bay Reserve site lies within the territory of the “Lekwungen” or “Songhees,” a tribe that occupied a number of villages situated between Albert Head and Cowichan Head. Anthropologists classify these aboriginal people culturally as members of the Central Coast Salish. They spoke a dialect of a language known to linguists as Northern Straits Coast Salish. Neighbouring aboriginal groups also recognized them as a named social unit, a Coast Salish “tribe.” At the time of the 1850 treaties, HBC Chief Factor James Douglas recognized six “families or tribes” comprising the “Sangees” (Douglas’ transcription of the term “Songhees”). These groups were the Swengwhung, Kosampsom (Kosapsum), Teechamitsa, Chilcowitch, Che-ko-nein and Whyomilth, each of whom Douglas associated with specific delineated lands. While the treaty with the Swengwhung group of Lekwungen included the land subsequently identified as the James Bay Reserve site, information provided by several generations of a Kosapsum family identified their people as residents of this same place. Lekwungen elders interviewed by anthropologists between 1886 and 1968 recalled the names and some of the history of the six local groups that James Douglas in 1850 identified as “Sangees.” Nevertheless, there remains a hazy and uneven picture of the situation as it was before the establishment of Fort Victoria in 1843, and some of the ethnographic and historical data are fragmentary and inconsistent. It is my opinion, based on a comprehensive examination of the known and available data, that a plausible account of Lekwungen history can be reconstructed. Over a sixty year period, from the time of first contact in the 1790s to the time of the treaties in 1850, the survivors of a series of related local groups who once occupied the southern tip of Vancouver Island, and regarded themselves collectively as the Lekwungen tribe, consolidated in two main villages. In 1876, the Indian Act severed these people into two contemporary Bands, now identified as First Nations. Lekwungen elders told earlier generations of anthropologists how catastrophic epidemics devastated their aboriginal communities, resulting in the amalgamation of remnant populations of Aboriginal Affiliation of the James Bay Reserve 87 formerly-distinct Lekwungen villages, and how families relocated to escape disease. We can no longer determine the total number of villages that Lekwungen people once occupied. At the time of first contact with Europeans in the 1790s, the Lekwungen possibly wintered in Victoria Harbour and Esquimalt Harbour, and possibly in Cadboro Bay, places protected from the winter=s southeast winds, and resided seasonally in the many sheltered bays of this extensive coastline. Certainly cartographic evidence indicates that Esquimalt Harbour and Cadboro Bay were still occupied and fortified when the Hudson=s Bay Company arrived in 1842. After the establishment of the HBC’s Fort Victoria in 1843, Lekwungen people moved near the fort to take advantage of new economic opportunities. Additionally, HBC Factor James Douglas observed numerous small potato plots under cultivation. Cartographic evidence also shows an aboriginal village situated near Camel Point, a site occupied at least seasonally for several years circa 1851. The available evidence indicates that aboriginal people resided at least seasonally in a village situated in James Bay, in Victoria Harbour, on land referred to in this report as the James Bay Reserve site. After the HBC established their Fort in Victoria Harbour, some of the villagers from Cadboro Bay, which by then was already an amalgamation of the remnant populations of outer coast villages, moved to the area north of the new Fort where they had an encampment near the foot of Johnson Street. When a fire allegedly started by the Fort=s aboriginal neighbours threatened the HBC establishment, these aboriginals were persuaded to relocate to Songhees Point. This report has also discussed the historical context in which James Douglas, Chief Factor of the HBC’s Fort Victoria, arranged the Fort Victoria treaties. In April 1850, Douglas met with the male representatives of the six groups he described as the Afamilies or tribes@ of the ASangees@ (“Songhees” or Lekwungen) and wrote out a brief treaty document that associated each group with a specific geographical area that the treaty signatories agreed to cede. Douglas associated the Swengwhung with Victoria Harbour, and the Kosapsum with land to the immediate north and west. Douglas’ identification of such bounded territories led anthropologist Wilson Duff to conclude that Douglas had to make certain assumptions that did not accurately reflect aboriginal conceptions of land use and ownership. Nevertheless, each of the treaty arrangements Douglas made with the “Sangees families or tribes” – the Swengwhung, Kosampsom, Teechamitsa, Chilcowitch, Che-ko-nein and Whyomilth — provided for the reservation of their “village sites and enclosed fields,” and continuation of their hunting and fishing rights. White observers did not always distinguish Lekwungen residency from that of other visitors, especially the Clallam who moved frequently back and forth across the Strait. The Clallam, however, have no tradition of establishing a village of their own in Victoria Harbour, but instead camped there with their Lekwungen kin, and eventually set up a village at Rocky Point in Aboriginal Affiliation of the James Bay Reserve 88

Metchosin where in 1850 Douglas arranged a treaty with them, as well. Nevertheless, confusion of Lekwungen with Clallam has led to some misidentification of aboriginal people in Victoria Harbour. Of particular pertinence to this report has been misidentification in the labelling of the 1847 sketches and painting of Paul Kane. Additional documentation recently made available, however, has facilitated a re-evaluation of the Kane materials. Earlier assumptions that identified scenes as Clallam and situated them adjacent to Fort Victoria are no longer supportable. Similarly, as reviewed in this report, identification of the James Bay Reserve site as a Clallam village is not tenable. Knowledgeable aboriginal elders interviewed between 1905 and 1968 by ethnographer Charles Hill-Tout and anthropologists Wilson Duff and Wayne Suttles, as well as historical documents from 1911-1912, all state that people who identified themselves as Kosapsum resided on the James Bay Reserve site and that they vacated this village during the time of James Douglas. When the residents left the James Bay village, some moved to Plumper Bay and others to Songhees Point. Hence, residents of the James Bay Reserve became members of communities subsequently identified as either the Esquimalt or Songhees “Bands.” The Lekwungen, in common with other Central Coast Salish peoples, had several levels of social integration based on residence, including the independent family, household, local group, village and tribe. From the early days of continuous contact, non-aboriginals have recognized the Lekwungen people as a distinct social group, usually called the Songhees Tribe. They formed a “tribe” in the sense that they had a widely-known name, a territory and sites to which they went seasonally, a sense of common identity and history, and, additionally, a specific dialect. In accord with aboriginal membership rules, an individual=s primary association was with his or her natal local group, a group that retained its continuity through the presence of a core group of elite individuals who controlled certain corporate property and held influence over others. This core group perpetuated itself through a pattern of village-exogamous marriage and predominately patrilocal residency. With the consolidation of Lekwungen local groups in the first half of the 19th century, the village of association changed. Lekwungen people interviewed a century after the treaties still recalled a few individuals= affiliations with one of the six local groups with whom Douglas treated. Yet the relevancy of an individual=s identification with such groups lessened once the survivors consolidated into the two main Lekwungen villages, one at Songhees Point and the other at Plumper Bay, and sites that had been formerly associated with a specific local group became alienated. After revisions to the Indian Act in 1876, residents in each village (Songhees and Esquimalt) became ABand members@ affiliated with one or the other AIndian Band.@ Aboriginal Affiliation of the James Bay Reserve 89

In 1885, residents of the Songhees Reserve and their legal counsel successfully invoked the 1850 Swengwhung treaty to block construction of an Immigration shed on their Reserve. This protest was led by a few signatories of the 1850 treaties, along with the descendants of men who in the treaties had represented various local groups but were in 1885 consolidated on the Songhees Reserve. While members of the Songhees Band were demonstrably the successors of aboriginal local groups who once lived between Albert Head and Cowichan Head, James Douglas appears to have included the Songhees Point Reserve within lands associated specifically with the Swengwhung. Thus, the Songhees in 1885 relied upon the Swengwhung treaty in asserting their rights, despite their ancestors’ affiliation with other Lekwungen local groups. By 1911, when the Songhees leadership drew up discrete membership lists to determine who would receive funds from the Surrender of the Songhees Reserve, acrimonious relations developed among Band members. Some of the Songhees leaders tried to exclude Mary Ann James Sitlamitza on the basis that she was Kosapsum, by ancestry, and not Songhees, and that her husband was not even Lekwungen, but Halkomlem. It was argued, using Department of Indian Affairs= membership criteria, that Mary Ann James had no rights to Songhees Reserve assets, despite her long-term residency. Mary Ann James and her supporters countered by drawing upon her heritage as a ASonghees@ tribal member C the term they applied to the Lekwungen collectively. They also drew upon her direct lineage from the Kosapsum leaders who lived on the James Bay Reserve site in Victoria Harbour, therefore placing Mary Ann Sitlamitza among the leading families of the ASonghees tribe@ (i.e, the Lekwungen).

My examination of the issues summarized above permits me to provide a professional opinion with respect to the five questions that Counsel identified as the specific objectives of this Expert Report, as set out below:

1. Who were the tribes or families (local groups) named in those 1850 which were relevant to the James Bay site?

The 1850 treaties were made with individual local groups of the Lekwungen or Songhees Tribe, a collective identified by Douglas as “Sangees” and recognized as including the Swengwhung, Kosampsom (Kosapsum), Teechamitsa, Chilcowitch, Che-ko-nein and Whyomilth. More specifically, Douglas associated the Swengwhung with Victoria Harbour, including the site of the James Bay Reserve. Ethnographic inquiries made between 1905 and 1968, and historical documents from 1911-1912, identified the James Bay Reserve as a settlement occupied by some Aboriginal Affiliation of the James Bay Reserve 90

Lekwungen people who regarded themselves as Kosapsum, and by others whose local group affiliation is unknown.

2. Who were the people described as Esquimalt and Songhees when they became Bands so named under the Indian Act, and what was their tribal or family group origin?

The Esquimalt and Songhees Bands in the 1870s were two communities consisting of the remnant populations of what were formerly six named groups at the time of the treaties (and likely more groups in earlier times) that collectively comprised the Lekwungen Tribe.

3. What is the relationship, if any, between the Esquimalt and Songhees Bands at the time of the recognition of the Bands under the Indian Act and the tribes or families named in the treaties?

The Esquimalt and Songhees Bands in the 1870s constituted the Lekwungen Tribe comprised of the remnant populations of the six groups mentioned in Douglas’ 1850 treaties with members of the “Sangees Tribe” whom he had identified individually as Swengwhung, Kosampsom, Teechamitsa, Chilcowitch, Che-ko-nein and Whyomilth.

4. What is the most likely tribal or family group identity of the people on the James Bay site at the time of the Treaty in or about 1850 or at the time of the recognition of the reserve in 1854? Members of the Lekwungen tribe occupied the James Bay Reserve site at the time of the treaties. Some of these people, according to interviews recorded with Edward Joe and his family between 1905 and 1968, and a sworn statement made in 1911, report that residents of this village included elite members of the Kosampsom (Kosapsum) group of the Lekwungen Tribe.

5. What was the social unit that in your opinion would have held a proprietary interest in the James Bay village site at the time of the treaty in or about 1850 or at the time of the recognition of the reserve in 1854?

The James Bay Reserve site was within the territory of the Lekwungen Tribe, which by the mid- Aboriginal Affiliation of the James Bay Reserve 91

1800s was comprised of the surviving members of an indefinite number of local groups known collectively as Lekwungen or Songhees. The Lekwungen collectively would have held a consciousness of interest in the tribal territory, including the James Bay Reserve site. If a particular cognatic descent group held specific rights to this site, it was very likely the group of elite individuals, descendants of Pahkwia and his brothers, who regarded themselves as the core of the Kosapsum local group. Together with other residents of the James Bay site, they held a general proprietary interest in the occupied lands, although the identity of the other Reserve members is unknown. Pursuant to James Douglas’ 1850 treaty with the Swengwhung, this local group held a proprietary interest in the James Bay Reserve. Aboriginal Affiliation of the James Bay Reserve 92

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Kennedy, Dorothy and Randy Bouchard 1995 An Examination of Esquimalt History and Territory: A Discussion Paper. Prepared for the Esquimalt Nation, 29 July 1995.

1999 The Esquimalt First Nation: Traditional Territory. Statement prepared for the Esquimalt Nation, 8 November 1999.

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Landar, Herbert L. 1996 Sources [of linguistic research concerning Native Northern American languages]. Aboriginal Affiliation of the James Bay Reserve 103

In, Handbook of North American Indians, Volume 17, Languages, pp. 721-761. Washington, D.C.: Smithsonian Institution.

Latess, David 1903 Statement of 25 June 1903 from David Latess, per W.R. Robinson, Indian Agent. National Archives of Canada, Ottawa. RG 10, Vol. 1343.

Lemmens, J.N. [c. 1890] Extract of an undated [circa 1890] letter from Bishop J.N. Lemmens. National Archives of Canada, Ottawa. RG 10, Vol. 1343.

Leslie, John and Ron Maguire 1978 The Historical Development of the Indian Act. Treaties and Historical Research Centre, Research Branch, Corporate Policy, Indian and Northern Affairs, Canada.

Lewes, Adolphus L. 1842 Ground Plan of Portion of Vancouvers Island Selected for New Establishment taken by James Douglas Esq. Hudson=s Bay Company Archives, Provincial Archives of Manitoba, Winnipeg. G.2/25 (N8359)c.

MacLaren, Ian 1987 Notes Towards a Reconsideration of Paul Kane=s Art and Prose. Canadian Literature, No. 113-114, Summer 1987, pp. 179-205. Vancouver BC: University of British Columbia.

1988 Creating Travel Literature: The Case of Paul Kane. Papers of the Bibliographical Society of Canada, Vol. XXVII. Pp. 80-95.

1989 AI Came To Rite Thare Portraits@: Paul Kane=s Journal of his Western Travels, 1846-1848. Ed. By Ian MacLaren. The American Art Journal, Vol. XXI, No. 2, pp. 7-21.

1989a Journal of Paul Kane’s Western Travels, transcribed by I.S.MacLaren. The American Art Journal, Vol. XXI, No. 2, pp. 23-62.

1992 Exploration/Travel Literature and the Evolution of the Author. International Journal of Canadian Studies, No. 5, Spring 1992. Pp. 39-68.

1995 The Metamorphosis of Travellers into Authors: The Case of Paul Kane. Pp. 67- 101 in, Critical Issues in Editing Exploration Texts, ed. by Germaine Warkentin. Toronto, : Press.

2001 Paul Kane and the Authorship of AWanderings of an Artist.@ Pp. 225-247 in, From Aboriginal Affiliation of the James Bay Reserve 104

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McDonald, Archibald 1830 Letter to the Governor and Council, Northern Department, 25 February 1830. Hudson=s Bay Company Archives, Provincial Archives of Manitoba, Winnipeg. D.4/123, folios 66-72 (see also Maclachlan 1998, pp. 218-227).

Maclachlan, Morag (editor) 1998 The Fort Langley Journals, 1827-30, edited by Morag Maclachlan with contributions by Wayne Suttles. Vancouver, BC: University of BC Press (see also Barnston, MacMillan and McDonald 1827-1830, and Suttles 1998a and 1998b).

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Pemberton, J.D. 1851a Letter of 11 September 1851 from J.D. Pemberton to Governor and Committee of the Hudson=s Bay Company, London. British Columbia Archives, Victoria. A/C/15/H86p (see also Pemberton 1851b).

1851b Victoria & Puget Sound Districts Sheet No. 1. Hudson=s Bay Company Archives, Provincial Archives of Manitoba. G.1/131 (N8362) (accompanies Pemberton=s letter of 11 September 1851 to the HBC, London; see also Pemberton 1851a and 1851c).

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1851d "Trigonometric Mem[oran]da", 1851, BCARS, Add. Mss. 1978.

1853 Victoria & Puget Sound (Esquimalt) Districts. Copy of 1851 original map. HBCA, G.1/181.

1853a “Peninsula Occupied by the Puget Sound Company.” HBCA Map Collection G.1/258m.

1853b Letter of 12 September 1853 from J.D. Pemberton to Barclay. HBCA, A.11/74, page 326b-326b(d).

1854 Letter to Archibald Barclay, September 1,1854. HBCA, A.11/75, folios 300-301, including map entitled Victoria District, Lot 24. Section XVIII. HBCA, A.11/75, folio 302 (N3539).

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Colonies, dated 15th June, 1863, to hand over the Crown Lands to the Legislature. Victoria BC: Harries and Co.

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1951a The Early Diffusion of the Potato Among the Coast Salish. Southwestern Journal of Anthropology, Vol. 7, pp. 272-288.

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2001a Personal communication from Wayne Suttles, Friday Harbor, Washington, to Dorothy Kennedy and Randy Bouchard, concerning Songhees.

2001b Some Questions About Northern Straits. University of British Columbia Working Papers in Linguistics, Vol. 6. Thirty-Sixth International Conference on Salish and Neighbouring Languages. Pp. 291-310.

2002 Personal communication from Wayne Suttles, Friday Harbor, Washington, to Dorothy Kennedy and Randy Bouchard, concerning Songhees place names.

2004a Personal communication from Wayne Suttles, Friday Harbor, Washington, to Dorothy Kennedy and Randy Bouchard, concerning Becher Bay Klallam.

2004b Personal communication from Wayne Suttles, Friday Harbor, Washington, to Dorothy Kennedy and Randy Bouchard, concerning Sooke.

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land use of the Esquimalt Lagoon and adjacent areas.

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Vancouver Island Land Registry 1851 Deed, 15 December 1851, James Douglas. Deed Book, fo.1. Crown Grant Vault, Land Title & Survey Authority of British Columbia, Victoria.

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Victoria Town Map 1855 [True and exact copy of the original Victoria Town Map of 1855 made by Herrmann O. Tiedemann]. Hudson=s Bay Company Archives, Provincial Archives of Manitoba, Winnipeg. A.11/80, folio 167 (N3542).

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Canada, Ottawa).

1970 Sketches in North America and the . With an Introduction by Archibald Hanna, Jr. Barre, Massachusetts: The Imprint Society.

Weekly Victoria Gazette 1858 Victoria, Vancouver Island. Weekly Victoria Gazette, Victoria. 28 August 1858.

Winthrop, Theodore 1862 The Canoe and the Saddle: Adventures Among the Northwestern Rivers and Forests. New York: American Publishers Corporation.

Woods, James 1849 Notes on Vancouver=s Island. Nautical Magazine and Naval Chronicle, June 1849. London, England. Pp. 299-302.

Yale, James M. 1838-1839 Census of Indian population.... Compiled by J.M. Yale, Clerk in charge of Fort Langley, January 1st, 1839. Hudson's Bay Company Archives, Provincial Archives of Manitoba, Winnipeg. B.223/z/1, folios 30-53. Aboriginal Affiliation of the James Bay Reserve 111

Appendix A: Sources

I have based this report on a comprehensive examination of known and available relevant documentation obtained over many years from numerous archival and library facilities. Some of these materials were obtained by me and by colleagues while researching the loss of the James Bay Reserve and other issues on behalf of the Esquimalt and Songhees First Nations. The late Professor Emeritus Wayne Suttles of Friday Harbor, Washington, between 2001-2004 provided additional ethnographic and linguistic materials to me as personal communications. As well, archaeologist Grant Keddie of the Royal British Columbia Museum provided me with some historical documentation over the past decade. I have also reviewed some images of documents contained on CD-Roms submitted in this litigation by the Attorneys General for Canada and British Columbia, and by Counsel for the Plaintiffs, as identified on the various “Lists of Documents” and “Supplemental Lists of Documents.” The first known contact in this area with Europeans occurred in 1790 with the arrival of the expedition from Spain. This expedition recorded the presence of aboriginal people in the environs of Orveas Bay (near Sheringham Point), Sooke Inlet, Pedder Bay, , and Esquimalt Harbour, between July 15th and July 24th, 1790. Perhaps the most authoritative account of the Quimper expedition and the subsequent 1791 and 1792 Spanish voyages to the Strait of Georgia region is Henry Wagner=s 1933 volume entitled Spanish Explorations in the Strait of Juan de Fuca. Several other works have reviewed this Spanish exploration literature, including Jane (1930), Cutter (1991) and Kendrick and Inglis (1991), but of particular note is a 1989 article by Suttles who used the Spanish journals to review social stratification in the Central Coast Salish area and concluded that the journals provide further confirmation that there were Ano superior chiefs@ in this area.269 The most significant group of records for the early contact period which preceded settlement, dating from the 1820s until the 1850s, is found in the Hudson=s Bay Company Archives which is now part of the Provincial Archives of Manitoba in Winnipeg. Two groups of records are particularly important, the company=s post records and the outgoing correspondence from Fort Victoria. HBC post journals, which briefly recorded day-to-day activities at the fort, are frequently useful in documenting regular general movements of specific aboriginal groups. HBC traders were usually much more knowledgeable about aboriginal people than other non-aboriginals, as they

269 Wayne Suttles 1989. They Recognize No Superior Chief: the Strait of Juan de Fuca in the 1790s. Cultural del Noroeste de América. Edited by J. Peset. Madrid: Turner. Pp. 251-264. Aboriginal Affiliation of the James Bay Reserve 112 interacted with them regularly, knew their regular clientele and depended on this knowledge for their existence. Post records thus frequently identify not only specific groups who arrived at their posts but also those who may have been permanent residents. The greatest weakness of this type of source is that the traders saw the aboriginals at the post, and seldom ventured far beyond it, so that while the visitors to the fort are often known, their place of origin and destination are often unrecorded. Nevertheless, the Fort Victoria journals and correspondence of the 1840s do provide contextual information for the changes occurring in aboriginal society at this time.270 They indicate disruption in Northern Straits settlement patterns, and note the presence of Songhees (Lekwungen) and other Coast Salish people, especially Clallam, in the Victoria Harbour area. Particularly helpful for the present report have been the reminiscences of HBC Trader Roderick Finlayson who arrived at what became Fort Victoria in June 1843 and became officer in charge of the Fort in the Spring of 1844.271 The Hudson=s Bay Company also conduced several aboriginal censuses between 1830 and the 1850s. Unfortunately, none of them provides much useful material about the Songhees. These include an 1830 census taken at Fort Langley, a more detailed 1838 census, also taken at Fort Langley, and a circa 1846 census taken by Finlayson, along with a census of Vancouver Island compiled by Douglas in 1856, which was based on information obtained earlier.272 While this last census indicated places of habitation, these sites were described too broadly to indicate locations of the various Lekwungen villages, and thus the six groups of ASongees@ were defined as living in AVictoria District.@ Other early accounts of general aboriginal presence in the area exist. Most of these accounts were written as correspondence, such as the 1844 letter to his Superior written by Apostolical Missionary J.B.Z. Bolduc, who became the first priest to offer mass in Victoria Harbour, and the 1849 letter of Rev. R.J. Staines, who joined the HBC that year to both preach and teach. A further type of account is the visual record created by artists who painted scenes of aboriginal life in this area around the mid-19th century. Paul Kane visited the Victoria area in 1847 and kept

270 [Fort Victoria Post Journals, 1846-1850]. Bowsfield 1979, Fort Victoria Letters, 1846-1851;

271 Roderick Finlayson 1891, Biography.

272 Archibald McDonald 1830. Letter of 25 February 1830 to the Governor and Council of the HBC, Northern Department. HBCA, Winnipeg. D.4/123, folios 66-72 (see also Maclachlan 1998, pp. 218-227).; Yale 1838-1839, Census; Roderick Finlayson c. 1846. List of the different Tribes of Indians that Inhabit Vancouvers Island with the number of Men, Women, and Children of each etc. [Part of] A Return made by Mr. Roderick Finlayson to Captain Courtenay of Her Majesty=s Ship Constance. Enclosed with letter of Lieutenant James Wood, HMS Pandora, 19 September 1848, to the Secretary of the Admiralty, London. National Archives, London, England. ADM 1/5596/W33; Douglas 1856, Indian Population, Vancouver’s Island. Aboriginal Affiliation of the James Bay Reserve 113 a journal as well as a portrait and landscape log, and eventually published an account of his travels; as well, he produced many sketches and paintings of people and scenes. A helpful guide to using the Kane materials is historian Ian MacLaren=s article on Kane published in a 1989 edition of The American Art Journal.273 The period immediately preceding contact and the early contact period also brought massive changes to Central Coast Salish society, as the result of introduced epidemic diseases. Boyd (1985; 1990; 1999) reviews historical observations of the presence of several diseases, particularly smallpox, noting that an epidemic likely occurred in this area circa 1782, prior to the arrival of the first Europeans. Boyd=s assertion of an 1801 epidemic has been challenged by Harris (1994). The enormous population loss from disease has led to attempts to estimate pre- epidemic aboriginal populations. Mooney (1928) and Duff (1949-1965) opened up this research; the issue has been revisited more recently by Boyd (1990) and Acheson (1996). More helpful in examining the local situation have been the daily reports on the spread of the disease printed by the local newspapers. The careers of Wayne Suttles and to a lesser extent Wilson Duff were both closely tied to the Central Coast Salish area. Both scholars= ethnographic works remain seminal to all discussions of Central Coast Salish, as do Suttles= theoretical contributions. While Suttles did much of his original field research with Northern Straits-speaking groups in the late 1940s-early 1950s, he continued working with these people into the 1960s. Suttles reported that for his doctoral dissertation research, he spent a total of about 8 months in the field over a 4- year period between the summer of 1946 and September 1950, working with approximately two dozen aboriginal consultants from several Vancouver Island groups as well as American tribes from the southern region.274 Suttles= 1947-1950 consultants among the Lekwungen were Jimmy Fraser, Ned Williams, Robbie Davis, and Mr. and Mrs. Tom James.275 In December 1952 Suttles interviewed Cecelia Joe, originally of Sooke but married to Edward Joe of Esquimalt,276 and in 1962 he interviewed Sophie Misheal, who was Songhees.277

273 Ian MacLaren 1989. A>I came to Rite Thare Portraits=: Paul Kane=s Journal of his Western Travels, 1846-1848.@ The American Art Journal, Vol. XXI, No. 2, pp. 7-21.

274 Suttles 1951, pp. i-vii.

275 Suttles 1951, pp. vi-vii. It should be noted that the Tom James mentioned here by Suttles is not the Tom James who was the husband of Mary Ann James Sitlamitza, who was born on the James Bay Reserve (Legislative Buildings site) circa 1846 (see Section 7.2 of the present report).

276 Suttles 1952, Cecelia Joe interview. Aboriginal Affiliation of the James Bay Reserve 114

Wayne Suttles= 1951 doctoral dissertation remains the most comprehensive ethnographic treatment of the Northern Straits, and includes data highly relevant to this litigation. Several publications by Suttles (brought together in one volume in 1987; see Suttles 1987a) set out his ideas about social organization, including how Central Coast Salish people simultaneously belonged to several different types of residential groups. Beginning around the year 2000, Suttles began reassessing the Northern Straits field data he elicited fifty years earlier and commenced a revision of his 1951 dissertation.278 During this stage of rethinking and reworking his earlier work, Suttles provided me and my colleague with excerpts from his 1952 field notes, and shared his most recent thoughts on the Lekwungen and other Northern Straits groups,279 thereby facilitating a more thorough analysis and understanding of issues raised in the Thomas et al. and Albany et al. litigation. Wilson Duff, formerly an anthropologist at what is now the Royal British Columbia Museum, also conducted fieldwork intermittently among the Lekwungen in 1951, 1957, 1960 and 1968 (see Duff 1949-1965; 1951; 1957; 1960-1968; 1968). He worked with Jimmy Fraser, Sophie Misheal, Ned Williams, Edward and Cecelia Joe, and Martha and Johnny Guerin. Duff=s fieldnotes, which are held by the Royal BC Museum, contain much empirical material, from both his own research and material collected by others. Duff=s most noteworthy historical publication, a 1969 article on the Fort Victoria Treaties, is about much more than the subject of the title, and contains an extensive amount of information on Lekwungen villages, territory, and social organization. Importantly, Duff recognized that data relating to these issues are fragmentary, and presented divergent views of Lekwungen history. Even older studies by professional anthropologists exist. Franz Boas, the pioneering German anthropologist, worked with Lekwungen people in the Fall of 1886. Boas’ 1891 article on the Lekwungen provided a list of local groups making up this tribe, in addition to data relating to social organization (Boas 1891b). Another list of these Lekwungen local groups had previously appeared in his 1887 article published in German (Boas 1887b). Boas also produced a vocabulary of the Lekwungen language (Boas [1886]), a few Lekwungen myths (Bouchard and Kennedy 2002), and some notes on Lekwungen ceremonials (Boas 1897b). Charles Hill-Tout, a pioneering ethnographer, conducted research in the early 20th century with people from both the Songhees and Esquimalt Reserves. Mrs. Thomas James (Mary Ann James

277 Suttles 2001a, pers. comm.

278 This work remains incomplete due to Professor Suttles= death in May 2005.

279 Suttles 1952, Cecelia Joe interview; 2001a; 2002; 2004a, pers. comm.; 2004b, pers. comm. Aboriginal Affiliation of the James Bay Reserve 115

Sitlamitza) was identified as one of his chief Lekwungen consultants. Joe Sinopen, the Chief of the Esquimalt Band, and William Jack Qámetcten, identified as a lineal descendant of the old Lekwungen chiefs, were also principal consultants. Among the Lekwungen data recorded by Hill-Tout were names of pre-contact Lekwungen villages (Hill-Tout 1907). Other ethnographic works cited in the present report include the research of Diamond Jenness, an anthropologist at the National Museum of Man, who undertook a significant amount of investigations among the Central Coast Salish groups in the mid-1930s. While Jenness was a prolific scholar C and was regarded by some as the pre-eminent Canadian anthropologist of his day C he never published a full study of his Coast Salish research. Two volumes of Jenness= unpublished Coast Salish fieldnotes, along with a manuscript on the Saanich Indians, are available in the Ethnology Division Archives of the Canadian Museum of Civilization in Hull, Quebec. While Jenness’ notes were elicited principally from Saanich people, they also contain information from Jimmy Fraser of the Songhees Reserve, and from David Latesse, who was of Lekwungen ancestry (Jenness 1934-1936a; 1934-1936b; 1934-1936c). Anthropologist and linguist Marjorie Mitchell conducted field work among the Lekwungen in the mid-1960s, resulting in her 1968 M.A. thesis, a Songhees dictionary, which relies heavily on field work with Sophie Misheal, and contains some information on Songhees seasonal rounds and some place names (Mitchell 1968). An extensively illustrated and comprehensive ethnohistorical study of the Songhees people that draws upon historical, ethnographic, and archaeological information has been compiled by archaeologist Grant Keddie of the Royal British Columbia Museum. The book is the result of decades of research work and collegial discussion. While Keddie presents this work in a popular style for a general readership, and thus does not include specific citations to information relied upon, a chapter-by-chapter bibliography provides his sources (Keddie 2003). Aboriginal Affiliation of the James Bay Reserve 116

Appendix B: Terminology

Likely the earliest known clear transcription of the term sc̉áηcs (anglicized as “Songhees” or “Songish”) is ATchanmus@280 given in the 1830 Hudson=s Bay Company (HBC) census, and reflecting the neighbouring Halkomelem281 pronunciation of the name, s›=ámcs (or sc̉ámcs).282 The tribal name may have been recorded earlier, in 1829, by HBC personnel at Fort Langley, who wrote an aboriginal group=s name as “Sonese,@ but it is debatable whether the term referred to the Songhees, Saanich or even another group.283 In the 1838-1839 census compiled at Fort Langley by J.M. Yale, giving the names of adult men belonging to each tribe, the Songhees are identified as ASamus@ (s›=ámcs) with their chief ACheelhulm.@284 This suggests that at least one group of Lekwungen people may have visited Fort Langley, prior to 1839. The ancestral name transcribed by Yale as Acheelhulm” appears as the first name on the 1850 treaty in association with the AChe-ko-nein,@ where the name is given as AChaythlum,@ which Suttles says must be …í{cm.285

ASonghees,@ i.e., sc̉áŋcs, may have applied originally to only one local group C those people who had a village near Albert Head C a group depicted by one of anthropologist Wilson Duff=s aboriginal consultants as Athe lowest people around here.@286 Duff commented that it seemed odd

280 McDonald 1830.

281 AHalkomelem@ is the anglicized form of the name of the Coast Salish language spoken by the aboriginal people residing on Vancouver Island from approximately Mill Bay north to Nanoose and on the mainland from the mouth of the Fraser east to Yale. The Halkomelem language uses Am@ where Northern Straits uses Ang@; hence, sc̉ángcs is pronounced as s›=ámcs (or sometimes sc̉ámcs) in Halkomelem.

282 Synonymy for the term sc̉ángcs can be found in Suttles 1990, p. 474.

283 George Barnston, James MacMillan and Archibald McDonald 1827-1830. Fort Langley Journals. HBCA B.113/a/1, B.113a/2, B.113/a/3. Entry for December 22nd, 1829 (See also Maclachlan 1998, p. 134). Anthropologist and linguist Wayne Suttles (1990, p. 474) was initially of the opinion that ASonese@ was an attempted transcription of sc̉áŋcs. Subsequently Suttles (1998a, p. 237) stated that the transcription ASonese@ that appears in the journals might be a Halkomelem pronunciation of their term xwsέncc referring to the Saanich people, although Suttles indicated his uncertainty with a question mark following the term (see Suttles 1998a. Appendix E: Names in the Fort Langley Journals. In, The Fort Langley Journals, 1827-30, edited by Morag Maclachlan, pp. 233-238. Vancouver BC: University of British Columbia Press). It may be that the transcription ASonese@ is a poor transcription of sc̉áŋcs or even some other group whose name cannot be conclusively identified. In any case, the term ASonese@ appears only once in these 1827-1830 Fort Langley HBC journals.

284 Yale 1838-1839, Census of Indian Population.

285 Suttles 2001a, pers. comm.

286 Duff 1969, pp. 4-5 Aboriginal Affiliation of the James Bay Reserve 117 for the related groups to accept for themselves the name given to the group of lowest status, and Duff=s query remains unanswered today. There is no disagreement, however, that at least by the time of the treaties, the term applied to the collective Atribal@ group. Boas in 1887 remarked with respect to this tribal group: AThey are usually called the Songich, a name derived from the Stså!nges family name.@287

Another term that is used to identify these same people is lck=wc!ŋcn, anglicized in the present report as ALekwungen.@288 It is likely that the term Lekwungen applied to all of the Songhees local groups. As Suttles pointed out based on his field work among these people more than 50 years ago, lck=wc!ŋcn was the name that Amost Songhees call themselves.@289 In 1863, Missionary Rev. A.C. Garrett indicated his recognition of the two ethnonyms “Songhees” and “Lekwungen” by referring to the ASongees or Laconguins,@ 290 the latter term being his transcription of lck=wc!ŋcn. The 1910 Handbook of North American Indians noted that the transcription AHue- lang-uh@ (likely a very poor rendering of lck=wc!ηcn) was given by [J.W.] Mackay to George Dawson, who reported that it meant >the people= in their language.291 While Dawson=s etymology is not linguistically supportable, the name lck=wc!ŋcn does not appear to be analyzable,292 although it is encapsulated in their term for their language, lck=wcŋíncη (also written as lck&wcŋínc̉ ŋ), a word that ethnographer Charles Hill-Tout suggested meant >one and the same language.=293 The Halkomelem pronunciation of lck=wc!ŋcn is lck=wc!mcn, often anglicized in

287 Boas 1887b, p. 133.

288 Another anglicization is ALukungun@; see Bouchard and Kennedy 2002, p. 169.

289 Suttles 1990, p .474.

290 A.C. Garrett 1863. Letter of 6 June 1863 from Rev. A.C. Garrett, Victoria, to the Secretary of the United Society for the Propagation of the Gospel. USPG Archives, Bodleian Library of Commonwealth and African Studies at Rhodes House, University of Oxford, England. Vol. E14, 8679/1863, p.1491.

291 Frederick W. Hodge (editor) 1910. Handbook of American Indians North of Mexico, Part 2. Smithsonian Institution Bureau of American Ethnology Bulletin 30. Washington DC: Government Printing Office. P. 615.

292 Suttles 1990, p. 474. See also Wayne Suttles 2001b. Some Questions about Northern Straits. University of British Columbia Working Papers in Linguistics, Vol. 6. Thirty-Sixth International Conference on Salish and Neighbouring Languages. P. 293. Synonymy for the term lck=wc!ηcn can be found in Suttles 1990, p. 474, to which can be added the variants ALqúngEn,@ in Boas 1887b (p. 133 and map), and ALqungen@ in Franz Boas 1887a. The Coast Tribes of British Columbia, Science Vol. IX, No. 216, map.

293 Hill-Tout 1907, p. 312. Aboriginal Affiliation of the James Bay Reserve 118 recent years as ALekwammen.@294

The Songhees, together with the Esquimalt, spoke a single dialect of this language, lck=wcηíncη, known to linguists as Northern Straits and classified as one of the languages comprising the ACentral Salish Branch@ of Coast Salish. There is now consensus among linguists that the speech of the following groups comprises the dialects of lck=wcηíncη: lck=wc!ηcn [Songhees and Esquimalt], s]!§okw [Sooke], xwsέnc… [Saanich], xwlə´mcy& [], s§ímcš [], and scmyámc [Semiahmoo]. At times, linguists have included Clallam (also spelled AKlallam@) among the dialects of Northern Straits, although more recent analysis suggests that it should be classified as a distinct but closely related language.295 Suttles initially reported in 1951 that the aboriginal people he interviewed spoke of the Esquimalt people, the Songhees people, and the Discovery Island people as three different Atribes.@296 According to Suttles, these same Native consultants often identified the term lck=wc!ηcn (Lekwungen) Awith Songhees in this sense@ and he added that they said Athe Discovery Island people and the Esquimalt people are not lck=wc!ηcn.@ However, Suttles has subsequently clarified his views on this issue. Wayne Suttles revisited the question of terminology in a brief paper he presented in 2001, in conjunction with the Thirty-Sixth International Conference on Salish and Neighbouring Languages.297 In a section of this paper concerning use of the term lck=wcηíncη, Suttles298 explained that Boas did not make it clear whether the language was called lck=wcηíncη “by the Songhees only or by all its speakers.” Suttles noted that Boas in his 1897 discussion of North

294 Boas transcribed lck=wc!mcn (the Halkomelem pronunciation of lck=wc!ŋcn) as ALek=ã!men@ in some Cowichan Halkomelem legends he recorded in 1886; see Bouchard and Kennedy 2002, p. 137.

295 Suttles 1990, pp. 455, 474; Suttles 2001b, pp. 291-293. See also: Ewa Czaykowska-Higgins and M. Dale Kinkade 1998 [List of Salish languages], Introduction, Salish Languages and Linguistics. Trends in Linguistics: Studies and Monographs 107. New York: Mouton de Gruyter. P. 65; Herbert L. Landar 1996. Sources [of linguistic research concerning Native Northern American languages]. Handbook of North American Indians, Volume 17, Languages, Washington, D.C.: Smithsonian Institution. Pp. 739, 745, 749-753; Ives Goddard 1996. Consensus Classification of the Native Languages of North America, Introduction, Handbook of North American Indians, Volume 17, Languages. Washington, D.C.: Smithsonian Institution. Pp. 5- 6; Tim Montler 1996. Languages and Dialects in Straits Salishan. Papers for the 31st International Conference on Salish and Neighbouring Languages. Vancouver, BC: University of British Columbia. P. 249; and, Larry Thompson and M. Dale Kinkade 1990. Language Classification [Northwest Coast] Languages, Handbook of North American Indians, Volume 7, Northwest Coast. Washington, D.C.: Smithsonian Institution. Pp. 34-35.

296 Suttles 1951, p. 15.

297 Suttles 2001b, pp. 291-310.

298 Suttles 2001b, pp. 291-293. Aboriginal Affiliation of the James Bay Reserve 119

Pacific Coast Indian Tribes299 was the first to linguistically lump together the dialects spoken by the Lekwungen, Samish, Semiahmoo, Lummi, and Clallam, while Charles Hill-Tout opined that lck=wcηíncη referred to all speakers of the language, including the Saanich, Clallam and Sooke (or T=sou-ke, as they now prefer to be called), in the same way that the term AHalkomelem@ is applied collectively to a number of tribes speaking that language who reside on both Vancouver Island and the mainland.300 To this can be added the statement in Boas= [1886] Lekwungen linguistic field notes that ALkuñg‘!n•n@ (lck=wcηíncη) is Aspoken at Victoria, Sook and Sanitch B.C.@301 The subject of terminology, however, is not without dispute. Linguist Tim Montler,302 Suttles pointed out, considered Hill-Tout to be wrong in his application of the term lck=wcηíncη, as Montler applied it only to the lck=wc!ηcn (Songhees and Esquimalt) and not to all speakers of the language. Contra Montler, aboriginal Samish and Lummi people interviewed by Suttles in the late 1940s said that they, too, spoke lck=wcηíncη, causing Suttles to conclude that the term lck=wcηíncη pertained to what we now call the ANorthern Straits@ language.303 Culturally, the ALekwungen or ASonghees@ and the other Northern Straits-speaking tribal groups are classified together with the Halkomelem, Squamish, Nooksack and Clallam as the ACentral Coast Salish@ division of the Coast Salish.304 The Lekwungen shared some characteristics with these other Central Coast Salish peoples, particularly in subsistence activities, although this was not one homologous group. While ACentral Coast Salish@ is a grouping based on some shared cultural features, the chain of groups forming the Coast Salish constituted a cultural continuum composed of name-bearing groups (Avillages@ and Atribes@), each linked economically and

299 Franz Boas 1897a. [Linguistic classification of tribes comprising the North Pacific group]. In, The Social Organization and the Secret Societies of the Kwakiutl Indians. Report of the U.S. National Museum for 1895. Washington DC: Government Printing Office (reprinted in 1970 by Johnson Reprint, New York). Pp. 320-321.

300 Hill-Tout 1907, p. 306; the term lck=wcηíncη is transcribed here by Hill-Tout as ALekoñ‘!nEn.@

301 Boas [1886], ALkuñg‘!n•n@ Vocabulary.

302 Montler 1996, pp. 249-256.

303 Suttles 2001b, p. 293. In earlier years, Suttles had used the term AStraits Salish@ to define the language spoken not only by the Songhees, Saanich, Semiahmoo, Lummi and Samish, but also by the Clallam (AKlallam@), including Becher Bay Clallam. See Suttles 1951, pp. 4-45.

304 Suttles 1990, pp. 453-454. Aboriginal Affiliation of the James Bay Reserve 120 socially to one another through marriage to form a network that spread across the region.305

305 Wayne Suttles 1987b. Cultural Diversity Within the Coast Salish Continuum. Ethnicity and Culture. Calgary, Alberta: Archaeological Association, University of Calgary. Pp. 243-249; See also Kennedy 1995. Aboriginal Affiliation of the James Bay Reserve 121

Appendix C: The Presence of Clallam Visitors

Apart from mention of a few chiefs by name, early observers of aboriginal life in the environs of Fort Victoria did not distinguish groups of people beyond identifying their tribal affiliation (i.e., Saanich, Sooke). Even the HBC=s Trader Roderick Finlayson included in the Fort Victoria post journals only the tribal identity of traders or troublemakers, without much additional comment. The Fort Victoria journals reveal that Clallam, Saanich, Sooke, Lummi, Cowichan, Nanaimo, and Nitinat (Ditidaht), as well as Makah from Cape Flattery, and Skagit, Snohomish and Nisqually from Puget Sound, all camped in the harbour at some time, but it is seldom mentioned just where. The Fort Victoria journals indicate that while the main ASanges@ village was Aon the other side,@306 presumably a reference to Songhees Point, and that there were times of the year when Aa large number of Indians@ were Aencamped in this [the HBC fort=s] vicinity.@307 William Cook, who came to Victoria in 1848, later recalled in his reminiscences: AThere were Indians encamped all about the fort and along what is now known as Humboldt, Wharf and Belleville streets, and in the Johnson Street ravine and James Bay, while on the reserve opposite the Fort >they were as thick as the hairs on your head’.”308 Yet for William Cook, all of those encamped were simply AIndians,@ and thus he did not recognize the James Bay/ Belleville Street residents as xwsέpscm or anything else, and he certainly did not distinguish aboriginal visitors from those of the “Reserve@ on Songhees Point. In his recent publication, Songhees Pictorial, archaeologist Grant Keddie (2003) proposed that after the establishment of Fort Victoria in 1843, Clallam visitors from the south side of Juan de Fuca Strait occupied as many as three villages in Victoria Harbour. Earlier ethnographic inquiry recorded that some of the Clallam made a mid-nineteenth century move north across the Strait of Juan de Fuca, sometime after Fort Victoria was founded. Wayne Suttles was told that a man named scc̉ qíncm led the move and settled for awhile near Fort Victoria before moving to Becher Bay, sometime before 1850. One arrival, a chief named

λέyx̣cm, a man of mixed Clallam and qcqáycqcn (Kekayaken or “Ka-ky-aakan”) ancestry,

306 Fort Victoria Journal 1846-1850. 29 January 1849, p. 121. Additionally, on 6 March 1850, at p. 169 of the Journal, it was noted that A...the heads of the Sanges families...came across from the Village...@.

307 Fort Victoria Journal 1846-1850. 20 May 1847, p. 48.

308 Anon. 1912, Reminiscences of William Cook. Aboriginal Affiliation of the James Bay Reserve 122 moved from Victoria Harbour to Witty=s Lagoon and then to Becher Bay.309 Another tradition, incorrectly placed in the mid-1860s by Gunther, tells how a man named AYÇ!kum@ and his relatives, as well as man named AStEk!‘!nim@ [scc̉ qíncm] and his large family, moved from the north shore of the Olympic Peninsula to Becher Bay.310 The Joint Indian Reserve Commission subsequently set aside Reserves at Becher Bay for the Clallam descendants of these men. Yet, the location of their settlement(s) in Victoria Harbour remains a subject of some conjecture. Keddie concluded that Clallam people may have established homes in the following Victoria Harbour locations, sometimes in association with their Lekwungen relations: 1) adjacent to Fort Victoria; 2) in James Bay at or near the site of the present Legislative Buildings; and 3) east of Laurel Point. Certainly, the Clallam were frequently named among the seasonal visitors, and some Clallam obtained employment from the HBC on work crews, but whether they established villages at these three sites is an issue that requires further scrutiny. This issue is of importance to the Thomas et al. and Albany et al. litigation, as one of the AClallam@ villages is said by Keddie to have been located on the James Bay Reserve site. Keddie, too, has noted that problems in the use of nomenclature often occurred in the historical literature.311 For example, a significant problem arises in the use of the term AClallam@ (also spelled “Klallam”) which is sometimes applied to the tribal group who traditionally occupied the south shore of Juan de Fuca Strait, and sometimes to a larger grouping of Central Coast Salish people. This question of nomenclature is especially apparent when examining the 1847 sketches produced by Paul Kane. A critical error crept into the labelling of Kane=s sketches and paintings, resulting in the misidentification of some scenes and individuals, including some around Fort Victoria.312 Such confusion is significant here, as it demonstrates that an identification of an

309 Suttles 2004a, pers. comm. As discussed in Section 4.1.7 of the present report, the group known as the Kakeyaken (qcqáycqcn) are now understood, on the basis of language, to have been closer originally to the Sooke than to the Songhees; the Kakeyaken survivors eventually joined the Clallam at Becher Bay.

310 Gunther 1927, p.190.

311 Keddie 2003, p. 30.

312 Erna Gunther (1927, p. 180) noted with respect to some of the statements made by Paul Kane: AKane mentions a village of the >Clal-lums= opposite the Hudson=s Bay Company=s Fort Victoria at Esquimalt. Although I have made no direct inquiries about such a settlement I feel certain that he has reference to a LkuñgEn group, probably the Qsa!psEm [xwsέpscm] gens whose territory this was.@ Aboriginal Affiliation of the James Bay Reserve 123 individual or a site as AClallam@ is not necessarily valid.313 Historian Ian MacLaren has brought this important issue to light. He has carefully examined Kane=s writing, including his Landscape and Portrait Logs,314 original journal,315 and publication.316 Comparing the logs, the journals and the publication, as MacLaren explores in his insightful article, AI Came to Rite Thare Portraits@ C a verbatim quotation from Kane=s original journal C it is evident that Kane, who was nearly illiterate, clearly had the help of others in compiling Wanderings of an Artist, the more articulate published account of his travels. MacLaren notes, with reference to a comparison of Paul Kane’s original journal with the published Wanderings work, that: Athe tone, the style, the degree of sophistication of the narrator=s persona, the chapter divisions C indeed, everything but the facts C differ very much indeed.@317 I suggest that the help that Kane received in compiling his narrative extended also to the labelling of some of the paintings resulting from his visit to Fort Victoria and his travels around Juan de Fuca Strait, a factor that has led to ambiguity concerning the identification of some landscapes. J. Russell Harper, the editor of a major study of Kane’s work, certainly noted that Asome sketches bear ancient identification inscriptions; they proved to be not in Kane=s hand and many were quite incorrect.@318 Moreover, Harper noted that Athe titles by which Kane=s Indian canvases have been known have varied through the years.@319 Yet Harper=s editorial comments, themselves, are

313 In the 1995 Kennedy and Bouchard Discussion Paper entitled An Examination of Esquimalt History and Territory, I presented the conventional wisdom of the time that the Clallam occupied a village near Fort Victoria. Having now considered a greater body of evidence, including Kane=s own notes, I am of the opinion that the Clallam did not occupy a village adjacent to the fort.

314 Paul Kane 1846-1848a. Landscape Log. Original manuscript, No. 11.85/4, held by the Stark Museum of Art, Orange, Texas; Paul Kane 1846-1848b. Portrait Log. Original manuscript, No. 11.85/4, held by the Stark Museum of Art, Orange, Texas).

315 I.S. MacLaren 1989a. Journal of Paul Kane=s Western Travels, transcribed by Ian MacLaren. The American Art Journal Vol. XXI, No. 2, pp. 23-62. Articles in which MacLaren discusses problems in the interpretation of Kane=s material include the following: MacLaren 1987; 1988; 1989; 1992; 1995; 2001 (see the References Section of the present report).

316 J. Russell Harper (editor) 1971. Paul Kane=s Frontier including Wanderings of an Artist among the Indians of North America. Published for the Amon Carter Museum, Fort Worth, and the National Gallery of Canada, Ottawa, by the University of Toronto Press, Toronto.

317 MacLaren 1989, p. 11.

318 Harper 1971, p. xi.

319 Harper 1971, p. 269. Aboriginal Affiliation of the James Bay Reserve 124 not without problems. In some of Kane=s works, there is a conflation in the identification of a Clallam village near Port Angeles, on the south side of Juan de Fuca Strait, with AVancouver=s Island.@ For example, a painting of graves labelled AIdol & Graves C Vancouvers Island@ is a close-up sketch of grave figures that appear also in the painting illustrating AA Battle of I-eh-nus.@320 However, information provided in Kane=s Landscape and Portrait Logs clearly indicates that this village (the various transcriptions for which include “I-eh-nus”) was on the south side of Juan de Fuca Strait, not on Vancouver Island. Ethnographic and linguistic documentation confirms that this term AI-eh-nus@ (or variant transcriptions of it) was the name applied to the aboriginal Clallam village at Port Angeles.321 The problem of terminology used in the identification of Kane=s paintings is further evinced by examining the label that designates the painting ACul-chil lum with medicine cap@ as AClallam Indian Vancouver [Vancouver Island],@322 when Kane=s Portrait Log makes it abundantly clear that this man was the son of ASaw-see-a hed Cheef of they cawechens [Cowichans]@ who lived in Athe gulph of Gorgia [Georgia Strait].@323 Again, the term AClallam@ was misapplied, this time to a Cowichan man. Thus, others who labelled Kane’s portraits and penned his Wanderings, and did not have Kane=s knowledge, applied the term AClallam@ to scenes and people who were Songhees and Cowichan, as well as Clallam, and sometimes associated Clallam village scenes on the south side of Juan de Fuca Strait with AVancouver Island.@ Kane visited Clallam villages at two324 known locations, both on the south shore of Juan de Fuca

320 Harper 1971, p. 251, figures 179 and 180.

321 Kane wrote the following in his Landscape Log: “77. The battle of I.Eanus on the south side of the straits this is an Clallum village of about 500 souls. . . ” (Kane 1846-1848a, Landscape Log); in his Portrait Log, concerning this same place, Kane wrote: “49. Yeats.sut.sute. Chief of they Clallums the name of the village is I.Eanus population 500. with 40 large canoes. . . ” (Kane 1846-1848b). As noted by Gunther (1927, p. 178), who transcribed this village’s name as AI=‘!nis,@ George Gibbs in 1877 wrote this same name as AYinnis,@ and Edward Curtis in 1913 transcribed it as AAín0s.@ See: George Gibbs 1877. Tribes of Western Washington and Northwestern Oregon. Contributions to North American Ethnology 1(2). U.S. Geographical and Geological Survey of the Rocky Mountain Region. Edited by J.W. Powell. Washington DC: Government Printing Office. P. 177; and, Curtis 1913, pp. 149, 174. An updated transcription for Clallam place names is provided by linguist Tim Montler (1995, p. 17) who transcribes the name as §i§íncs >good beach= .

322 Harper 1971, Plate XLVII.

323 Kane’s entry in his Portrait Log states: “60. Saw-see-a hed Cheef of they cawechens this man has ben wounded in the jaw by an arrow in one of his warre [war] exchursitions [excursions] his tribe seeme to be proud of him he is a grate gambelar at the game called le-hulem and lives in the gulph of Gorgia” (Kane 1846-1848b, Portrait Log).

324 See also Harper 1971, Appendix 3, p. 319, where the Catalogue for Kane=s 1848 Exhibit infers there was a third Clallam place visited by Kane, i.e. Whidbey Island, at the entrance to Puget Sound. The Catalogue lists “No. 134,” identified as the Aboriginal Affiliation of the James Bay Reserve 125

Strait: 1) the place called “I-eh-nus” (or variant transcriptions, i.e. the village near Port Angeles,as discussed above); and 2) the village of ASuck,@ though Kane was unaware of the relationship between the people living at ASuck@ and the Clallam. Subsequent ethnographic and linguistic research explains that Kane’s “Suck” referred to the name of a Clallam village situated at the mouth of the Dungeness River. Obviously, this was the site of the salmon weir drawn by Kane.325 Another terminology problem is with the 20 lodges of people that Kane in his Portrait Log reported meeting at the Aentrance to the Conall de arrow [Haro Strait]@. These people were identified by Kane as ACawa Chin@ (“Cowichan”) both in his Journal and, initially, in his Portrait Log, although Kane in the latter source crossed out the word ACawa Chin@ and wrote “Clallums” instead. In Wanderings, Kane’s reference in this same passage is to “Clallums,” although he incorrectly refers to the chief he sketched here as “Chea-clach.” This latter term is a different name than ACloll-uck@ which Kane uses for this same chief in his Portrait Log. 326 It is not clear where in the area of the Haro Strait entrance Kane met with these people and sketched this chief. Possibly he was in the southern part of San Juan Island, an area that in the mid-1800s was used seasonally by the Clallam.327 Still, one particular scene sketched and subsequently painted by Kane has led scholars to conclude that there was a Clallam village in Victoria Harbour situated adjacent to Fort Victoria. Kane in his Landscape Log listed “88. The inside of a Clallum lodg.@ The domestic scene he drew is presumably the same as that appearing in his painting labelled AAn Interior of a Winter

“Wife of Clalm [Clallam] Chief, Whidbey Island.” This chief is identified elsewhere by Kane (1846-1848a, Landscape Log) when he refers to his painting of “73. The Indain lodge of To-an-e-chum on Whidbys Island in the straits. . . .”. But Whidbey Island was not Clallam; this area was occupied by -speaking people, members of the Southern Coast Salish. See Handbook of North American Indians Vol. 7, Northwest Coast, pp. 486-487.

325 See Gunther 1927, p.178, who lists “Tsoxq” Kanes’s “Suck”) as a Clallam village at the “former mouth of Dungeness R.”. Additional confirmation is provided by Curtis (1913, p. 174) whose list of Clallam villages includes the following site: “Tsǔq [the same name given by Kane and Gunther] ‘Muddy’ (referring to the river water), at the mouth of the Dungeness river.” Harper (1971, p. 304) mistakenly assumed that Kane=s ASuck@ might be a transcription for ASooke,@ yet Kane was on the south shore of the Strait of Juan de Fuca, not the north shore, when he visited this Clallam village at the Dungeness River. This is made clear in Kane’s (1846-1848a) Landscape Log where he refers to: “75. a plase for cetching salmon on the south side of the S. [Strait of Juan de Fuca] called Suck . . .”.

326 See Kane (1846-1848b, Portrait Log) where he writes “47. Cloll-uck. Chief of they Clallums. entrance to the Conall de arrow [Haro Strait] thare was about 20 lodge’s here . . .@. See also MacLaren 1989a, p. 38. But Kane in Wanderings (p. 103) incorrectly identifies this same man as AChea-clach, chief of the Clallums@ when in fact AChea-clach” was the name of the Songhees chief who acted as Kane=s guide on this trip (see Kane 1846-1848b, Portrait Log, where he refers to “Che-a-clack chief of the Songeys”). Kane’s “Che-a-clack”is the same term transcribed by Suttles (2001a, pers. comm.) as …cyέ{cq, the name of the well-known Songhees Chief “Freezy.”

327 George Gibbs 1858. Letter to Lieutenant John J. Parke, N.W. Boundary Survey, 4 September, 1858. National Archives of the United States, Washington, D.C., RG 76, Entry 225: Letters Received by the Department of State, 1857-1867. Aboriginal Affiliation of the James Bay Reserve 126

Lodge of the Clallams@ and his sketches entitled AInterior of a Clallam Lodge, Vancouver Island” and “Studies of figures inside a lodge, Fort Victoria.”328 A possible clue to the location of the “inside of a Clallum lodg@ scene is provided by Kane=s recollections as published in Wanderings. While at Fort Victoria, Kane visited a number of lodges, some obviously very temporary dwellings (Anext morning she had up her lodge and was gone@329), and some more substantial (Athe largest buildings of any description that I have met with amongst Indians@330). One day, according to Wanderings, Kane sketched a group of men playing a gambling game known as lahal. The gamblers appear in his composite painting showing the house interior, identified as Fig. 192 in Harper 1971.331 One of the men playing lahal inside the house was said to be the Cowichan Chief, “Saw-se-a” (Fig. 200 in Harper 1971). Kane, in Wanderings, says that ASaw-se- a the head chief of the Cowitchins, from the Gulf of Georgia, an inveterate gambler, was engaged at the game. He had come to the Esquimelt on a friendly visit.@332 The phrases Ato the Esquimelt@ and Aon the Esqumelt@ identify the location where Kane placed the ASongeys village.@ As Keddie points out, this identification refers to the Lekwungen or Songhees village on Songhees Point, as the term AEsquimalt@ was sometimes applied to Victoria West.333 I concur. Hence, the house scene identified as AThe inside of a Clallum lodg,@ I would suggest, was situated on Songhees Point in Victoria West, the place that Kane describes in Wanderings as Aon the Esqumelt.@ The painting may have been derived partly from an interior scene Kane began on the south side of the Strait. Possibly some Clallam maintained a house within the Songhees village, or Kane simply may have used the generic term AClallam@ to refer to the occupants. Several interpretations are possible. Still, I do not believe that the available evidence supports Keddie=s conclusion that Kane sketched a Clallam village that was situated adjacent to Fort Victoria.334 With respect to the aboriginal occupants of the Fort Victoria area, Kane writes in his Portrait Log, in connection with drawing number 44: Athe Songeys [Songhees] numbar about 500 warurs

328 Harper 1971, Figs. 192, 194, 198.

329 Harper 1971, p. 102.

330 Harper 1971, p, 102.

331 Some of the same figures are included in a sketch called AThe Game of Lehallum, Vancouvers Island@ (Harper 1971, Fig. 199) that is depicted using some of the same subjects, but situated outside.

332 Harper 1971, p. 102.

333 Keddie 2003, p. 30.

334 Keddie 2003, p. 27. Aboriginal Affiliation of the James Bay Reserve 127 live on the south end of vancouvers Island in the Straits of De Fukay.@335 In Wanderings, however, this information concerning the military strength of the Songhees Point village is attributed not to the Songhees but to the Clallam. Wanderings states: AOn the opposite side of the harbour, facing the fort, stands a village of the Clal-lums Indians . . .they boast of being able to turn out 500 warriors . . [email protected] Kane=s Aghost writer@ obviously got it wrong. The A500 warriors@ were from the Songhees Point village and were Songhees, i.e., Lekwungen. Again, the term AClallam@ was applied generally without regard for the specific tribal affiliation. No reference to a Clallam village being situated in Victoria Harbour, adjacent to the fort, appears in the Fort Victoria journal for the years 1846 through 1850; the only mention of a Clallam village in the Fort=s journal is one situated on the south side of Juan de Fuca Strait.337 Frequent mention is made of the comings and goings of Clallam visitors, and to the local ASonges@ (Songhees). On February 20th, 1847, the Fort Victoria journal recounts how the Clallam were the first visitors since the previous fall, a statement that argues against a more permanent Clallam presence at that time. By May 20th, 1847, during the time of Kane=s two-month sketching tour, the Fort=s journal reports that Aa large number of Indians are now encamped in this vicinity.@ Their lodges dotted the shores of the harbour, a couple even in front of the HBC fort, according to one of Kane=s drawings of AFort Victoria, with an Indian village,@338 which shows the large village on Songhees Point, and Fort Victoria to the east, across the harbour. This drawing also depicts, outside the gates of the Fort, a few aboriginal Atravel lodges”; these were temporary shelters of the style shown in Kane’s sketch No. 66 of the “You-Sanish” (Saanich) woman weaving a blanket,339 and in the outside scene of the AGame of Lehallum.@340

335 Kane 1846-1848b, Portrait Log.

336 Harper 1971, p. 100.

337 Fort Victoria Journal 1846-1850. The Journal entry for 23 April 1847, at p. 45, states: AMr. Kane, who accompanied Mr. Sangster from Nisqually, crossed the Straits [of Juan de Fuca] this morning to the Tlalum [Clallam] Village in a Sanges [Songhees] Canoe.@ See also 20 February 1847, p. 17a, where it was noted in the Journal that some “Tlalums” at the Fort were “the first Tlalum party who visited us since last autumn,” as well as 20 May 1847, p. 48, where it is recorded that “a war party of Kawetchins [Cowichans] reached [?] the Strait last night & fired on some Tlalums who were crossing & wounded two men.”

338 See Fort Victoria Journal 1846-1850. 20 February 1847, p. 37a: “traded a few Martens & a few other trifles from Tlalums [Clallams] & Kawetchins [Cowichans] – the former being the first Tlalum party who visited us since last Autumn”; 20 May 1847, p. 48: “a large number of Indians are now encamped in this [the Fort’s] vicinity, some of whom arrived here in Course of the day but traded little or no furs”; see also Harper 1971, Fig. 188.

339 Harper 1971, Fig. 196; Kane 1846-1848b, Portrait Log.

340 Harper 1971, Fig. 199. Aboriginal Affiliation of the James Bay Reserve 128

Additional clarification concerning where the Clallam were living is provided in the Fort Victoria journal in July 1849 where it is noted that the fort received Asome salmon from some Tlalums [Clallams] who arrived from Rocky Point.@ This association of the Clallam people with Rocky Point is confirmed by W.C. Grant in his description of the southwestern Vancouver Island region, in an October 1849 Report: AHere [in the vicinity of Rocky Point] a fishing village of the Clellum Indians is situated whose Winter dwelling is on a Rock bound bay called Chukwaikin on the West side of Rocky Pt.@341 Aboriginal people associated with this Rocky Point site were signatories to the 1850 treaty with the Cheaihaytsun group of Clallam, despite a Clallam residency on Vancouver Island that likely did not pre-date the founding of Fort Victoria. The Clallam and other visitors did camp in Victoria Harbour, and while the Clallam made frequent trips back and forth across Juan de Fuca Strait and out to Rocky Point, as documented in the Fort Victoria journal, some people seem to have made the harbour their home for longer periods of time, often seeking employment, when available. They may have erected temporary lodges or even more substantial dwellings that were used on a seasonal basis. Yet annual seasonal use of the harbour may not have been recognized by the HBC personnel as aboriginal Avillages,@ and this likely included any yearly seasonal Lekwungen use of the harbour that was not situated on Songhees Point. Certainly the Fort=s journal makes no mention of any villages in the harbour, apart from the settlement on Songhees Point. The traders simply noted that there were times when Aa large number of Indians@ were Aencamped in this vicinity.@ One observer of a AClallam@ village in Victoria Harbour in 1849 was Robert Staines, teacher and clergyman at Fort Victoria. He commented in October 1849 that aboriginal people had settled here Aapparently for the convenience of trading & are very peaceable.@ Staines, who arrived in the colony from England on 17 March 1849, had occasionally employed the son of the Clallam chief “Yoletan” ;342 presumably this is the same name that Gunther transcribed as AYÇ!kum@343 and Suttles recorded as yókwcm,344 a Clallam man who ended up at Becher Bay.345 While Staines recognized Athe proprietors@ of Athis part of the island@ as the ASongass [Songhees],@ he observed

341 W.C. Grant 1849. Report on Vancouvers Island, 25 October 1849. BCA, A/B/20/G76.

342 See Slater 1950, p. 238 (Staines to Cridge, 10 October 1849).

343 Gunther 1927, p. 179.

344 Suttles 2004a, pers. comm.

345 See Fort Victoria Journal 1849-1850, where at p. 57a, the entry for 6 August 1847, it is reported that: “About 11AM a Cape Flattery Canoe arrived bringing [?] Yolocum & another chief...@. It is likely that AYolocum@ is another transcription for yókwcm, although it is unclear why he would have been in the company of his enemies, the Makah people from Cape Flattery. Aboriginal Affiliation of the James Bay Reserve 129 that Aon the other side of the Fort within 150 or 200 yards is a village containing a part of a tribe called the Clallums; the great body of whom dwell on the opposite or south side of the straits to which they all belong [emphasis in original].@346 Staines had been in the colony for several months in 1849 when he commented on the Clallam village being situated Aon the other side of the Fort within 150 or 200 yards [emphasis added],” in contrast to the Songhees Point village. He recognized by that time a distinction between the two tribal affiliations, and he clearly saw a AClallam@ encampment in the environs of the HBC post, but not in the same direction from the fort as the Songhees Point village. The location is, however, unclear.347 Just the previous month a fire had broken out in the woods to the north of the Fort and Finlayson had sent all hands to attack the flames and prevent their spread to the dry grassy banks of Athe little river,@ the name given to the creek running through the Johnson Street ravine.348 There was no mention in the journal of an aboriginal village here at this time, a likely issue if, indeed, one had been situated in the fire zone, and especially if the aboriginal people were in any way responsible for the fire starting. Keddie concluded that the settlement observed in 1849 by Staines and situated near the fort was the AClallam@ village visited by Paul Kane in 1847, and was the same encampment drawn by Henry Warre in September 1845.349 Another conclusion, in my opinion, is more plausible. The Kane data, as reviewed above, do not support the presence of any village being immediately adjacent to the fort in 1847. The 1845 Warre drawing, while illustrating the location of two types of lodges, does not provide evidence that they were the same ones C or even in the same location C as the houses observed in 1849 by Staines, or that they were occupied by Clallam people. Warre=s drawing shows what appears to be a travel lodge situated to the immediate south of the fort=s south-western bastion, in addition to some small plank houses that appear to be along the shore in front and to the north of the southwest bastion. Perhaps this was a Clallam encampment in 1845, but there is no evidence to suggest that this remained a village through to 1849, when

346 Slater 1950, pp. 237-238 (Staines to Cridge, 10 October 1849).

347 Keddie 2003, p. 27 concluded that the AClallam village@ observed by Staines was at Athe northwest corner of the fort,@ but if it was 150-200 yards from the fort, this would place it around the foot of Johnson Street, and not adjacent to the fort.

348 Fort Victoria Journal, 28 August 1849. This seems to be the second fire to have struck this area, for Finlayson reported in his 1891 Biography (p.12) that the HBC prevailed on the aboriginal residents to move to the Songhees Point site Asometime after this belt of thick wood between the fort and Johnson Street in front of which the lodges were placed, took fire...This was the origin of the present Indian Reserve.@ It appears from his Biography that the year of the relocation was 1844.

349 This drawing by Warre (reproduced in Keddie 2003, p. 28) was published in 1970 in Sketches in North America and the Oregon Territory. With an Introduction by Archibald Hanna, Jr. Barre, Massachusetts: The Imprint Society. Aboriginal Affiliation of the James Bay Reserve 130

Staines observed what he called a Clallam village situated Aon the other side of the Fort within 150 or 200 yards.@ Indeed, the available evidence indicates that the houses drawn by Warre may not have remained in place for very long at all. Certainly the Fort Victoria journal makes no mention of such a village, while making continual reference to the village on the harbour=s opposite shore, on Songhees Point. Still, according to Father Lempfrit in 1849 Aboth shores@350 of Victoria Harbour was covered with aboriginal lodges. Of course, the other possibility for the location of the Clallam village observed in 1849 by Rev. Staines that was said to be in an area Aon the other side of the Fort within 150 or 200 yards@ is a site located to the southwest, which would place it on the north side of the area known as James Bay. Yet if Staines was referring to an aboriginal village situated in James Bay, which is Aon the other side of the Fort,@ the question remains why he recognized it as AClallam.@ He obviously thought it was, but his comment raises the question whether this settlement may have been the Lekwungen site situated on the south shore of James Bay, possible where some Clallam relations also resided, or whether there were two settlements in James Bay. One of Duff’s Lekwungen consultants stated that ASonghees@ people camped where the Empress Hotel is now situated, while digging camas on Beacon Hill.351 Speaking of the problematic identification of the James Bay residents, Keddie further concluded that Athere is a debate about the relationship between two locations on the south shore@ that were associated with aboriginal people. Keddie deduced from evidence available to him that both locations were occupied Amainly by Clallam visitors from the south side of Juan de Fuca Strait,@ who, he suggested, were AClallam who were married to Songhees people or had relatives among them.@352 For this conclusion on the villages= AClallam@ tribal affiliation, Keddie relied largely upon an editorial in the Weekly Victoria Gazette dated August 28th, 1858. The article describes the initial attraction of the Fort to the aboriginal people and how the Songhees Reserve residents had lived first at the AOld Camp,@ that is, the area in the environs of the Johnson Street ravine, before moving to Songhees Point. The article further states: ANumbers of Clallams from the opposite shore also migrated about that time to Victoria, and for many years had an encampment near

350 Meyer 1985, pp. 201-203 (Letter of 11 June 1849 from Lempfrit to Ricard).

351 Duff 1960-1968, File 51; Duff 1969, pp. 44-45.

352 Keddie 2003, p. 27. Aboriginal Affiliation of the James Bay Reserve 131 where Capt. Mouatt=s residence is; but within these last two years they have entirely disappeared.@353 Captain Mouatt, as Keddie explains, owned land to the west of the present Legislative Buildings, near where the Victoria Clipper ferry is now located.354 Thus, the encampment recognized as Clallam by the newspaper editor was not situated on the James Bay Reserve site. In conclusion, it is probable that Clallam people occupied, at least temporarily, various places in Victoria Harbour. Nevertheless, it is my opinion that they did not establish a winter village here, neither adjacent to Fort Victoria nor on the James Bay Reserve site. They may have resided with Lekwungen kin, and they may have established a number of short-term camps. Still, James Douglas arranged a treaty with the Clallam people not in Victoria Harbour but in the Metchosin District where they had established a village in the environs of Rocky Point. Moreover, the Clallam do not have a tradition of ever having established a village in Victoria Harbour. It is possible, nevertheless, that a community of Kosapsum people who were intermarried with Clallam – as Chief “Seesinak’s” family is known to have been – were mistakenly identified as Clallam. Ethnographic data clarifies the local group affiliation of some of the James Bay Reserve residents as Kosapsum, the name of one of the local groups who comprised the Lekwungen or Songhees Tribe. Other Lekwungen people whose local group affiliation was not identified also used or resided on this site.

353 Weekly Victoria Gazette, 28 August 1858.

354 Keddie 2003, p. 28. Aboriginal Affiliation of the James Bay Reserve 132

Appendix D: Comparison of Names Given in Treaty With 1876 and 1877 Census Data

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 1 Sée-sachasis Teechamitsa 2 Hay-hay kane Teechamitsa 3 Tee shay moot Teechamitsa 4 Kalsay mit Teechamitsa 5 Hoochaps Teechamitsa 6 Thlamie Teechamitsa 7 Chamutstin Teechamitsa 8 Tsalsulluc Teechamitsa 9 Hoquymilt Teechamitsa Oul-qua-met [?], 1877 Songhees 10 Kamoslitchel Teechamitsa 11 Minay ilten Teechamitsa 1 Hoo koo witz Kosampsom 2 Hoy apaky mam Kosampsom 3 Spáa quolluc Kosampsom 4 Seca-till-too Kosampsom 5 Say-sinaka Kosampsom sisənək (Andy Thomas or [?] Jerry Thomas, Duff 1968) 6 Tutskaynum Kosampsom Aboriginal Affiliation of the James Bay Reserve 133

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 7 Ho-quy mut Kosampsom 8 Spatyelth Kosampsom Spit ailth 1877 Songhees 9 Ajec quilth Kosampsom 10 Ilth pay mist Kosampsom 11 Tluck hoo Kosampsom 12 Hooquasis Kosampsom 13 See-elth lack Kosampsom Shay.e.tluk 1876 Esquimalt 14 Sua kultoo Kosampsom 15 Pay whoset Kosampsom 16 Say-see yoou Kosampsom 17 Show wuc Kosampsom 18 Kul-quay-lung Kosampsom Kul.kay.lum 1876 Songhees Kul.qua.lun 1877 Songhees Kul.que.lum 1881 Songhees 19 Whey-och Kosampsom Whey.ook 1876 Songhees 20 Tlaa-sut Kosampsom 21 Cat hay mut Kosampsom 1 Snâw nuck Swengwhung 2 Tewhâmcea Swengwhung Aboriginal Affiliation of the James Bay Reserve 134

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 3 Cuskay num Swengwhung 4 Tl (?) Swengwhung 5 Ham Swengwhung Ham 1881 Songhees Ham (“Chilcowitch common man,” Boas 1891b) 6 Squoluttlesut Swengwhung 7 Quoth lay uc Swengwhung 8 Kaky pââk Swengwhung 9 Iye-ââs Swengwhung 10 Sa whicht tun Swengwhung Sah.quitch.tun 1876 Songhees Sa-which-tun 1881 Songhees 11 Homay its Swengwhung Skume’y’əks (Duff 1968) [“not sure” ?] 12 Cutsôôs Swengwhung

13 Ch~tuck Swengwhung 14 Kacumqua Swengwhung 15 Unslun Swengwhung 16 Quoitay nachun Swengwhung Q’wəntenəxən Louie George of Sooke (Father from Discovery Island) (Dufff 1968) 17 Whot say mowitch Swengwhung 18 Mis tay nilth Swengwhung Mis-tan-elth Aboriginal Affiliation of the James Bay Reserve 135

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 1877 Songhees 19 Ooksaymut Swengwhung 20 La-lacet twn Swengwhung 21 Woyana Swengwhung 22 Kolocksin Swengwhung 23 Silawutschen Swengwhung Sil.low.itch.chen 1876 Songhees Sil.low.itch.chen 1877 Songhees 24 Thuck lay haluc Swengwhung 25 Ha-qualuck Swengwhung Hahqueluck 1877 Songhees Xa’wqwalak (Jack Dick, Duff 1968) 26 Whutoko Swengwhung 27 Hol-hollum Swengwhung

28 T~-such-ten Swengwhung 29 Songth nitch Swengwhung 30 Whisey-ook Swengwhung 1 Qua sun Chilcowitch kwásən ‘star’ (Duff 1968) 2 Sa-malth Chilcowitch Hattie Dick səmέ’ł (Duff 1968) 3 Ty-la-cha Chilcowitch 4 Sa-chee-um Chilcowitch Aboriginal Affiliation of the James Bay Reserve 136

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 5 Holamptin Chilcowitch 6 Silquoy mitchtin Chilcowitch səlxwémečtən su-lah-quitch-ton ? 1876 Songhees 7 Ky ay ke shin Chilcowitch 8 Chy-yea hus Chilcowitch 9 Uch pay mult Chilcowitch Ach-pa-miet Songhees 1881 xpeməlt (Duff 1968) 10 Yellan Chilcowitch 11 Qwate sââlus Chilcowitch Kweet.sah.las 1876 Songhees Quat-sah-lus [?] or Quateesaluck [?] 1877 Songhees Quit-sau-lus 1881 Songhees 12 Supy elh Chilcowitch 1 Hol-whál utstin Whyomilth Hul.hahl.is.ton 1876, Songhees; Oul-wal-is-tan 1877 Songhees Hol-whal-atstsin (yg generation) 1881 Songhees 2 Pâ-quollok Whyomilth Pat-lauk 1877 Songhees Paquol-luk (yg generation) Songhees 1881 3 Kal kay mullet Whyomilth Kult.sáy.milt Aboriginal Affiliation of the James Bay Reserve 137

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 1877 Esquimalt/ or Kul.chaymult 1876 Songhees 4 Tee-ay quálisus Whyomilth 5 Cha che máck Whyomilth 6 See-ál sut Whyomilth siálsət (“her gt grfa”, Duff 1969) Sealsilt, 1881 Songhees census 7 Ta-hoy-us Whyomilth 8 Taik Whyomilth 1881 Songhees 9 Lepine Whyomilth 10 Tohuy-um Whyomilth 11 Un haíng tun Whyomilth 12 Too tá wuntsut Whyomilth 13 Sâ-ât humúlut Whyomilth 14 Chil thlac Whyomilth 15 Tsil-quay-kun Whyomilth 16 Cho-wá us Whyomilth 17 Say-thlum Whyomilth 18 She-lumtum Whyomilth Šil’əmtən (Duff 1968) 1 Chayth lum Che-ko-nein Chaith.lum 1876 Songhees 2 Un hay im Che-ko-nein Un.haim 1876 Songhees An-ah-heim Aboriginal Affiliation of the James Bay Reserve 138

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 1877 Songhees 3 Chee-al-thluc Che-ko-nein čiε΄łaq, Duff 1968 4 Koquaymitchstin Che-ko-nein Kway.mitch.ten 1876 Songhees Quay.mitch-ten 1877 Songhees 5 Hull-kom Che-ko-nein 6 Sketlesun Che-ko-nein 7 Koquââmitchstin Che-ko-nein 8 Snuk-kum Che-ko-nein 9 Pagh Che-ko-nein 10 Silâ cha Che-ko-nein 11 Hool-tyelh Che-ko-nein 12 Pulh hoo Che-ko-nein 13 Silahalch Che-ko-nein 14 Po-whay mut Che-ko-nein Pulwheymit 1876 Songhees Pul-whey-met 1877 Songhees 14 Silahalch Che-ko-nein 15 Hul-ha luchten Che-ko-nein 16 Swaalay ok Che-ko-nein Sui.ah.lah.gen ? 1876 Songhees 17 Sul hay mullet Che-ko-nein Aboriginal Affiliation of the James Bay Reserve 139

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 18 Kol-ko-lacha Che-ko-nein 19 Similanoch Che-ko-nein Sim.mā.lah.nook 1876 Songhees 20 Thlemtee-aicha Che-ko-nein 21 Maytaywa Che-ko-nein 22 Sooquall nilth Che-ko-nein 23 Tli acca Che-ko-nein 24 Say-cútcun Che-ko-nein 25 Single-nilth Che-ko-nein 26 Ha-memen Che-ko-nein 27 Tlole mitshin Che-ko-nein 28 Is-quoy nos Che-ko-nein 29 Spichaw Che-ko-nein 30 Skat lââlh Che-ko-nein 30 Snuk-kum Che-ko-nein 1 Quoite to káy-num Ka-ky aakan 2 Tly-e-hum Ka-ky aakan 1881 Becher Bay 1 Altl-cháy-nook Cheaihaytsun (Sooke) 2 Wee-tá-noogh Cheaihaytsun (Sooke) 3 Châ nas-káy num Cheaihaytsun (Sooke) 1 Wanseca Soke 2 Tanasman Soke 3 Hysimkan Soke Aboriginal Affiliation of the James Bay Reserve 140

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 4 Yokum Soke 1 Whut say mullet (Chief) South Saanich 2 Comey-uks South Saanich Jim Shaex ? 1881 Songhees 3 Kwull kolatchee South Saanich 4 Hay-Ylthlunsit South Saanich 5 Till-kay mut South Saanich 6 Whey-chee ay South Saanich 7 Kul quey-lum South Saanich 8 Ach-chey-mult South Saanich 9 Itsy-yook South Saanich 10 Tee-ân lus South Saanich 1a Hotutstun 2a Che-hay-nook North Saanich 3a Chis-ânaquon North Saanich 4a To-â-whuluck North Saanich 5a Ish-lay niq North Saanich 6a Whul â whonitch North Saanich 7a Ish-kay-mut North Saanich 8a Stay-lum North Saanich 9a Quotay lum North Saanich 10a Chee thlack North Saanich Aboriginal Affiliation of the James Bay Reserve 141

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 11a Ishoseay North Saanich 12a Hotsolânough North Saanich 13a Quotowitch North Saanich 14a Hulquaymullet North Saanich 15a Who-muchtun North Saanich 16a Hunc quay-um North Saanich 17a Sha sha luck North Saanich 18a Hultay mut North Saanich 19a Takâtun North Saanich 20a Sulkay lum North Saanich 21a Kool kay muchtun North Saanich 22a Quay-miac North Saanich 23a Tay-tuts North Saanich 24a Sa much alamitch North Saanich 25a Sick setun North Saanich 26a Sultsay lum North Saanich 27a Whâ se-sut North Saanich 28a Pap pugh North Saanich 29a Tsowwushun North Saanich 30a Sáy koos un North Saanich 31a Tsâ-wughtan North Saanich 32a Wutá kunsit North Saanich Aboriginal Affiliation of the James Bay Reserve 142

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 33a Weelay hoo North Saanich 34a Kamtum North Saanich 35a Yayough North Saanich 36a Pa-w(?)ls North Saanich 37a Is whay mut North Saanich 38a Se sáy wou North Saanich 39a Says whulton North Saanich 40a Whoyansit North Saanich 41a Haysaluk North Saanich 42a Kulsáy mut North Saanich 43a Chay-chill North Saanich 44a Isnmulsit North Saanich 45a Whunquay lum North Saanich 46a Scudayoos North Saanich 47a Kul ka lachin North Saanich 48a Sela hun North Saanich 49a Chuy e uck North Saanich 1b Is hamtun North Saanich 2b Hul ha luctun North Saanich 3b Chee-theeay North Saanich 4b Sta-steltun North Saanich 5b Sil a malh North Saanich Aboriginal Affiliation of the James Bay Reserve 143

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 6b See-elk lack North Saanich 7b Soo-wâ-nuc North Saanich 8b Spa-hung North Saanich 9b Se-mast North Saanich

10b Ka! too North Saanich 11b Peeo North Saanich 12b Wishk North Saanich 13b Hung-hamqsack North Saanich 14b Chul chenay North Saanich 15b Mooquang North Saanich 16b Tla-mahus North Saanich 17b Islâgh North Saanich Es-heel-ough ? 1881 Songhees 18b Pa-saynum North Saanich 19b Is-chaud North Saanich 20b Halacultoo North Saanich 21b Howalacup North Saanich 23b Ha-ha North Saanich 24b Chawitsoot North Saanich 25b Qootwhasut North Saanich 26b Katcheymults North Saanich 27b Nakamultoo North Saanich Nekáhmilt 1877 Esquimalt Aboriginal Affiliation of the James Bay Reserve 144

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 28b Se kay num North Saanich 29b Ko lâ noogh North Saanich 30b Whulay stalak North Saanich 31b Nowhuluk North Saanich 32b See a-kotan North Saanich 1c Huy lâ che North Saanich 2c Say luchtan North Saanich 3c Wha-whey so North Saanich 4c Quotachtan North Saanich 5c Whey cheeay North Saanich 6c Snatugh hum North Saanich 7c Alquachu North Saanich 8c Humhumsun North Saanich 9c Kapoowitch North Saanich 10c Hay-cock North Saanich 11c Sut hay lum North Saanich 12c Se-naisis North Saanich 13c Chawuss it North Saanich 14c Thla-lass North Saanich 15c Sa quay tsing North Saanich 16c La-tawk North Saanich 17c Sowhâm North Saanich Aboriginal Affiliation of the James Bay Reserve 145

No. Name as given on Treaty Local Group 1876 Blenkinsop Census/ c. 1877 Powell Census of Songhees and Esquimalt (plus Duff 1968 notes) 18c Socktan North Saanich 19c Tong aak North Saanich 20c Tulsut North Saanich 21c Tlalshuna North Saanich 22c Hâpool North Saanich 23c Tee thlanugh North Saanich 24c Quis châ lich North Saanich 25c Kat halachen North Saanich 26c Whasaymil North Saanich 27c Quatun North Saanich 28c Ahul nilh North Saanich 29c Chil quâsis North Saanich 30c Katuch North Saanich 31c Quosay lanugh North Saanich Quoslenahou 1877 Songhees 32c Skalkoot North Saanich 33c Umteon North Saanich 34c Kalalowha North Saanich 35c Thlay thlaktung North Saanich 36c Tlunkwatchl North Saanich 37c Silsilus North Saanich Aboriginal Affiliation of the James Bay Reserve 146

Glossary of Terms

This report contains “terms of art” that are known to anthropologists but that individuals not trained in this discipline may find unusual. I also use a number of indigenous terms, some of which appear as anglicizations, and some of which appear in the International Phonetic Alphabet, a system of writing that appears visually odd to the uninitiated. Hence, the following glossary has been included to provide a brief explanation of these obscure yet necessary terms. It appears below in alphabetical order.

Apical ancestor: The earliest named ancestor from whom a group believes itself to be descended.

Bilateral: Tracing rights of inheritence or kinship through either one’s father or mother.

Central Coast Salish: a cultural classification consisting of Squamish, Northern Straits, Halkomelem, Nooksack and Clallam

Che-ko-nein: Douglas used this transcription for the …ckwηín (“Che-ko-nein”) people who at the time of the treaty consisted of the remanant of several Lekwungen groups then living at Cadboro Bay. Douglas associated with these people the land between Gonzales Point and Cordova Bay.

Cognatic (non-unilineal) descent group: a group formed of individuals descended bilineally (both sides) from a noted ancestor.

Chilcowitch: The …cqáwc… (Douglas’ “Chilcowitch”) took their group name from the place name applied to McNeill Bay, a village site. By 1850 the Chilcowitch included remnants of other outer coast local groups. Their treaty associated them with the area between Ross Bay and Gonzales Point.

Ethnography: A description of a culture based on observation, participation and interviews.

Ethnonym: The term used to identify a specific group of people that distinguishes them from other social groups. Aboriginal Affiliation of the James Bay Reserve 147

Exogamous marriage: Marriage outside of one=s own group. Among the Coast Salish, village- exogamous marriage was the norm.

Gens (plural, gentes): A term for a Roman kinship group made popular by Lewis Henry Morgan in the mid-1800s.

International Phonetic Alphabet: An internationally-recognized system of writing that can be used to represent the human speech sounds of any language.

Kosapsum: This is the preferred anglicization of the term xwsέpscm, transcribed in James Douglas’ 1850 treaty as “Kosampsom” and applied to a local group of the Lekwungen.

Lekwungen: Anglicized from the term lck=wc!ηcn, the name of the Central Coast Salish tribal group (comprising today’s Songhees and Esquimalt First Nations) who occupied southern Vancouver Island from approximately Albert Head to Cowichan Head. They, together with the Saanich, Sooke, Lummi, and Samish spoke a distinct dialect of the lck=wcηíncη language, called by linguists Northern Straits Salish.

Local group: The named local group was identified in the 1850 treaties as a “family,” by Boas in 1887 as a “gens,” and by Hill-Tout in 1907 as a “sept” or local group.” Most local groups consisted of the household of an established kingroup and several dependent households. They did not all regard themselves as kinsmen, apart from members of the leading household. These groups were sub-units of villages, although such a group could comprise a village.

Sangees: One of James Douglas’ transcriptions for the tribal group known most commonly as “Songhees” or Lekwungen. Other transcriptions include: Sangies, Songhees, Songish, and Songass. si§έm:̉ The Northern Straits term meaning ‘high-class person, headman, or leader,’ commonly referred to as ‘chief.’ Aboriginal Affiliation of the James Bay Reserve 148

Swengwhung: James Douglas’ spelling for the name of the Lekwungen local group known in the Northern Straits language as sxwíηxwcη.

Teechamitsa: The name Douglas used for a group of Lekwungen whose name has not been otherwise recorded. The relationship of this term to sc̉áηcs, another name for these same people, is not known, although it is assumed that the two terms referred to the same people.

Tribe: As used among the Central Coast Salish, a tribe is a cluster of villages sharing a name and territory, and often a dialect or language, along with social unity expressed in common traditions and history.

Whyomilth: James Douglas used this transcription of the term sx̣ wimέ{c{ (or sx̣ wáymc{ ) to refer to the Lekwungen people whose name is normally anglicized as “Esquimalt.” The 1850 treaty associated them with the area on the north side of Esquimalt Harbour. xwncc̉álckwcŋ: A non-localized cognatic descent group the mostly patrilineal core of which resided together in a bighouse or longhouse.