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Indigenous and Settler Understandings of the Manitoulin Island Treaties of 1836 (Treaty 45) and 1862

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Indigenous and Settler Understandings of the Manitoulin Island Treaties of 1836 (Treaty 45) and 1862 Indigenous and Settler Understandings of the Manitoulin Island Treaties of 1836 (Treaty 45) and 1862 by Allyshia West B.A., Hunter College, 2008 A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS in the Department of Anthropology ©Allyshia West, 2010 University of Victoria All rights reserved. This thesis may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee Indigenous and Settler Understandings of the Manitoulin Island Treaties of 1836 (Treaty 45) and 1862 by Allyshia West B.A., Hunter College, 2008 Supervisory Committee Dr. Michael Asch, (Department of Anthropology Supervisor Dr. Peter Stephenson, (Department of Anthropology Co-Supervisor iii Abstract Supervisory Committee Dr. Michael Asch (Department of Anthropology) Supervisor Dr. Peter Stephenson (Department of Anthropology) Co-Supervisor This work explores the insights that can be gained from an investigation of the shared terms of the Manitoulin Island treaties of 1836 (Treaty 45) and 1862. I focus specifically on these treaties because I was raised in proximity to this area. This thesis is very much a personal exploration in the sense that I have come to understand myself as implicated in a treaty relationship, and wish to know my obligations under these agreements. In my interpretation of the Manitoulin Island treaties, I employ a strategy developed by Dr. Michael Asch that begins with the Indigenous understandings. Within this strategy, treaties are conceptualized as honourable agreements meant to ensure our legitimate presence on this land. This methodology is unique in the sense that it conceives of our representatives' actions as sincere. This step is necessary because Indigenous peoples believed we were acting honourably during negotiations. In applying this strategy in my reading of the Manitoulin Island treaties, my objective is to discern the treaty relationship that was established, and to state clearly the obligations of both parties under these agreements. Though the primary focus of this thesis is my analysis of the treaties, I briefly discuss in my conclusion the anthropological insights I have gained from this exercise with respect to communication across cultures. Throughout this work, I focus on the concept of sharing as a productive and positive framework for thinking about relationships between cultures. iv Table of Contents Supervisory Committee ...................................................................................................... ii Abstract .............................................................................................................................. iii Table of Contents ............................................................................................................... iv Acknowledgements ............................................................................................................ vi Introduction ..........................................................................................................................1 Chapter One: Methodology..................................................................................................5 Introduction ......................................................................................................................5 Spirit and Intent of Treaty ................................................................................................5 The Treaty of Niagara/The Royal Proclamation ..............................................................9 Treaty As Our Charter ....................................................................................................11 Court Interpretation ........................................................................................................13 Methodological Approach Employed in Treaty Analysis ..............................................15 How this Interpretive Methodology Differs from Others ..............................................18 Chapter Two: Crown Policy and History...........................................................................21 Crown Policy - Treaty 45 ...............................................................................................21 Manitoulin Island Treaty of 1862 ...................................................................................36 Chapter Three: Treaty 45 - Manitoulin Island Treaty of 1836 ..........................................45 Introduction ....................................................................................................................45 Indigenous Understandings ............................................................................................46 A) Land Arrangement.................................................................................................46 B) Political Status of the Indigenous Peoples of Manitoulin Island and the Political Relationship Established with the Treaty ...................................................................47 C) Treaty Obligations of Both Parties ........................................................................51 Sir Francis Bond Head ...................................................................................................53 Shared Understandings ...................................................................................................55 A) Land Arrangement.................................................................................................55 B) Political Status of the Indigenous Peoples of Manitoulin Island and the Political Relationship Established with the Treaty ...................................................................57 v C) Treaty Obligations .................................................................................................62 D) Summary - Shared Understandings of Treaty 45 ..................................................63 E) Differences in Understanding ................................................................................64 Chapter Four: The Manitoulin Island Treaty of 1862 ........................................................67 Indigenous Understandings ............................................................................................67 A) Wikwemikong .......................................................................................................68 B) Signatories .............................................................................................................71 Shared Understandings ...................................................................................................73 A) Wikwemikong .......................................................................................................73 B) Signatories .............................................................................................................76 Written Account .............................................................................................................80 Summary - Shared Understandings ................................................................................81 Conclusion .........................................................................................................................84 Introduction ....................................................................................................................84 1.a) We must rely upon "third order interpretations" to know another culture ..............85 1.b) If interpretation is the only way of knowing another culture, could there have been a treaty? ..........................................................................................................................88 2.a) Truth is partial. ........................................................................................................89 2.b) If truth is partial, could there have been a treaty? ...................................................90 3.a) Cultural differences are always implicated in hiearchy. .........................................91 3.b) In a treaty relationship, is difference implicated in hierarchy? Does difference pose a problem for communication? Are differences always antagonistic?...........................94 Conclusion ......................................................................................................................95 Bibliography ....................................................................................................................100 Archival Material .........................................................................................................104 vi Acknowledgments I wish first to thank my supervisor Michael Asch. I thank him for his loyalty, his expertise, and the generosity he has always shown towards me. I feel incredibly grateful to have had the opportunity to work with him. I would like to express my gratitude to my committee: Dr. Michael Asch, Dr. John Borrows, and Dr. Peter Stephenson. I thank Peter for his invaluable advice during various stages of this project. I owe a thank you to Dr. Marc Pinkoski who allowed me to audit two of his courses during my first year. These courses were my first critical introduction to anthropology's relationship with Indigenous peoples. I thank him immensely for his knowledge and passion on the subject. I thank all of those involved in Michael's research team for support and stimulus. I wish to express my gratitude to the Intellectual Property Issues in Cultural
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