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NL-339 (r. 82/08) -- - National Library BibliothWe nationale CANADIAN THESES THESES CANADIENNES (I of Canada du Canada ON MICROFICHE SUR MICROFICHE

Jeannie L. Kanakos NAME OF AUTHORINOM DE L'AUTEUR ------The Negotiatiotls to Relocate the Indians, TITLE OF THESISITITRE DE LA TH~SE ------

DEGREE FOA WHlCk THESIS WAS FESENTEDI Master -of Arts A~EPOUR LEQUEL CETTE THESE FUT PR~SENT~E - - - . ------1982 YEAR THIS DEGREE CONFERRED/ANN~EDD'ETENTION DE CE DEGRL! --A ------.. -

L Dr. R.A. Fisher - NAME OFaSUPERVISOR/NOM DU DIRECTEUR DE THESE ------

"i

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wise reproduced without the author's written permission. w autrement reproduits sans l'autorisation Bcrite de l'auteur. TIiE MSGOTIATIGNS TO BELOCATE TIlZ SONGHEZS INDIANS, 1 E(13-19ll

(3Jra nnie I. K anak os

THRSIS SUBHITTED IN )PARTIAX, FfJLFILLMEX'T OF

MASTER OF ARTS

in the Department

History

C Jeannie L, Kanakos 1983

SIHON FRASER UNIVERSITY d

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- F. 5

Title of Thesis /~issertation: The Negotiations to Relocate thBonghees Indians, 1843-1 91 1

Author : - (signature) - Jeannie L. Kanakos

(name ) Name : Jeannie I,. Kanakos

Degree: Master of' Arts

Title of thesis: The Negotiations to Relocate the Songhees

Examining committee: C. R. Day, Chairman

Y R.A. FishcScnior Supervisor

Johnston, Supervisory Committee

D.L. C61e, Suiervisory Committee

R.L. Carlson, External Examiner Professor, Archaeology Department, Simon Fraser IJniversity

I

Date Approved: 15 April, 1982 A BS TR ACT

In 1Q11 the Songhees Ir,dFail:; surrendered their reserve in

the heart of Victoria city. They wern relacat~aafter nearly

- I fifty ye%rs of neG6tiations. An rxamination of P tfinocjrayhica-1

and hist3rical icfor~ationhas revpaled the Sonqheesf active ,. ,.

role in negotiations for their land. The 3onghees resisted their ,

rerr,oval and their pcsitioh was a stulebling block to the

conclusion of fhe transaction,

The federal and ~rovinclalgovernrtlents were caught ic a

jurisdictional battle over Indian land in the province of

British Columbia. The question of the Sonjhees relgcation

exenplified the corn~lexdispute between the governments. 'Jnder

pressure from their electorates the governments seriously

r atternpte(3 to sclve the ,rcloca tlcn question, jut the Songhees* - refusal to surrec3er their reserve delayed a concluci~onto the reaoval transaction. If t-he Songhees had not resisted removal,

they might ti,ave been relocated on numerous occasions between i 18RO ~ndthe first decade of the twenti~thcentury.

As internal and external conditions changed for the hand,

and under the leadership of a Chief who saw that the time was

right for a move, the Songhees. agreed to surrendc?r their

reserve. They agreed to move according to terms which in some

measure reflected their own needs. The terms- na~elya large

cash settlement- required special Pegisation, The ~oncjh;es'

resistance to move ard their participation in land negotiations

were influenced hy their longstandir..~relationship with the

&&zz, , iii

TABLE OF COBTEWTS

* " 8 Abstract ...... ,.,,,.,,,,...... iii * * . AbhrevFations ...... vi .. List (3f laps ....,,..,..,.~~.~..-,-.,.-.-,,,.,----.--,,,,-.~,vii Preface ...... -...... -.viii Footcotss-Preface ...... xiv

CHAPTER OYEp TUE SOdGYWES IiJDIAMS AdD TilEXE LAND ...... 1 Footnotes-Chapter One ...... *25

Footnotes-Chapter Two ...... s.,s..0,..-.46

CYAPTFR TBSEF The Federal-Provinc~ai Debate on the Terms for the Songho~sRelocation, 1871-1911 ...... -51 Foot~otes-Chapter Three ...... ,-,.--.--...--,--.,78 . I CRA PTER FCiJR The Songhees ~usit'ionon S'elocation, 1971-1910, ...... r3h Footnotes-Chapter Four ...... ,,..-,....1.1108* Conclusion ...... 114, i 8IEiIGGBBPHY ...o...... -...... t....-aO-l10 . ABBREVIATIONS - 0

MS 3anu script.

MNM Hat ional Pfuseura of !!an, Ottawa,

PABC Provincial Archives of aritish Columbia, Victoria-

PAC' Public ~rchivesof ~anada,Qttaua. .

- SFU Fras~rUniversity, - Simon Library, Burnahy. R.G. 10 Canada, Departmefit of Icriiar, Affairs, ,~lzck Series, Recard Group 13. -. TS Typescript. I 3- UBC University of Rritish Columbia,- Library, Vancouver, 4 3BCICL Ynion of Indian Chiefs* Library,

Vancouver. LIST OF HAPS

The

The

The in the land purchase of 1850,,,... ,. .,.. .,...,...,,.-a.,..... -39 The Old and the New Songhees Reserves,. ,., .,,,.. .,. ..,,... .-53

vii

1 geo 3rapf:ical settin;, dcvelcped an intimate

their territory, The' Sonjhe~seconomy was, le~endantupor. the , availability 02 particular resources at specific tines of the

year, an3 their migratory lifestyle was integrated with thalr

system of l3nd-use and site ownership, Yost of the Sonjhegs8

culture- was iniluenced by thz demands or^ their economy,

The ccfnstruction of Fort Victoria in the center of ~oKghees - territory challelged thc Scilghees' traditional relationship with

the ir land, Pacing- --- this challenge, and the accompanying threat I

posed to their survival through the introduction of alcghol and

new kinds of disease, the Songhees adapted their ccon3my to that

of the fort, and gendrally responde:? in an ~ccom~od;ltivemanner

to 3uropean penetration into their territory.

In the three decades following the estahlish~nentof Port

-7 Victoria, Sonyhees-European relatians appared dgreea hle. The a Songhees were employed at the fort and acquired new wealth, They

also continued thei~tradi t>ional mljrations to gather food and

resources. Dur~nc&, this period the Songhees and Europenns

c IF negotia ted several land deals. These included: tke relocation of L a village, the relin~uishmentof jinal tltle, and a leasing

projram. Zvidence of the Sonyhee in these negotiations , is

, very sparse, but Jocumentation later period reveals

Songhees discontent with previous land transactions, DepartKe-n-t

refused to negotiate any further relocation until they received,

paynent for the ladits they had already sold and leased-3 A - - breach in trust uas at the rsat ~f the Sosghees sus~Lcioa~-xf negotiations regarding their land. After the gol$~ush, the

Sonjhees becane 3ware of the i~plicltionsthat settlemerit had cn the availlbility oi resources in thei r territory. These factors ! caused the Son-jhees to abandon their acconnoda tive response for one of resisting attanpts to remore their reserve.

In 1871, wher? British ColunOia entered Co,?federatio:t,

Indian Atfairs becape a fbderal rcsponsibillty. The Sonqhees reserve questi~nbecame one of many contentious issues in the dek lte between the grovince the dominion rojardlng Indlu land i~ 3ritish Columbia. The crux of the debate was the disigreenlent over the inter~r~t3tionot reievant sections of the

Terms of Ucion and the Zritish North America Act. In the case of the Songhe,es reserve, however, the ~overnment s agreed to overlook these disagreements in order to conclude a relocation agreepent-. Each governme~td~d so- because of its oxn- ~ofitical reasons: the provincial gover&~eqtwas faced with aountinj pressure for lac? from a growing population and a tleveloping rFsource based ecoocmf, while.the federal goyern9ent was

with the the upcorcing election,

the prolonged due,

agreeing terms for the Song hees remova1,'the Songhees also played an impoqtact role in the

gqvern~e~tswas cl-ose at hand, the Songhees refused to even Act, an3 the Soaghees' refusal to discuss such a sufsender, -'- d.elayed the settlement bf their reserve locatior. If the n Songhees had not resisted relocation, they mi2ht have been moved

in 1580, 1891, 1895, or on nuru2rous occa3ions in the firs*,

d'ecade of the twentieth century. The i5ngheesq opposition-- - to , rn relocation was related to distrust engendered rrop brevious land

deals, but the Songhees also resisted relocation. because they * enjoyel! many features associated with their city -location. The ------key advantage for the Songhees was the economic opportunities

I -. available in the urtan center.

At the turn of the twentieth, century, when the advantages

of %theurban locale began tc decline, the Songhees resisga~ceto

relocation wavered, At this time, the Band faced mounting

pressure for their reaoval. Qesgite this cha-llenge the Songhees

were able to influence tiie final deal, The ~cnjfiicesChief, who

was interested in his own financial advantage as'well as the s

Band's, held out fcr a kash settlement aid directly to Songhee& s . B - faa)dies, This demand required special legislation in the Hoyse

of Comnons, and the legislation, the Songhees Reserve Bill, is one exaaeple of government response to the Songhees position, - iihile the Songhees resisted removal and delayed a

. * . . pnu~r,Thedown was wl11n4 tnaeet the 3~~th~d-c.of the

Songhees Band but it demcnstrated its power to influence Indian Y

matters vhea it- amended- the Indian Act so that ic--.the -- future, - .. ,a. L ------I nd ians would not be allowed to irtipede ur~vel~or%enj. ------.---%- - \ In conclusion, the Songhees uere not psskve but played an

7 - -- - effective role in the relocation negotiations. Though their ----

initial response to land arrangements was positive, this

response soon turn+& sour. They res+sted-relocatior, as long as

*

they could, The Songhees lost their city reserve, but not-vith- -

ow%--a t iijht.-%e~-acLiv~~ol,e r_c~uired- the governments to Vake -- --- the ~cnqheespositidn into consideration when negotiating a.

settlement.

9, - - - A - This type of consideration was important for historians

writin,] on the 'Indian land question, Though not necessarily

considered so in th~past, the Indian role is a vital component

- - - -

- - in the history of the Indian land debate, Only- af-ter the Indian

is written into this history, can hi-storians fiegin to make '--- 4 /-- comparisons and conciusions which nay lead to a deeper under- - -

I standing of Indian-European relations over lacd ir. aritish - '. Columbia.,

The writing of this thsiwas made possible through the * assistance of numercus FersonS* 1 -uould-like to thank the staifs

of the Simoq Fraser University Library, the University of ' - British Columbia Library, the Provincial Archives of British

-

Columbia, the Public ~rchivesof Canada, the Archaeology -

Department of the British Columbia Frovincial ijuseun, the

Victoria iCity ppArchives and .the Treaties and Historical Re-cearch b ------e Centre of the Department of Indian and Northern Affairs. 1 am p%rticula9 ly grateful to the British Columbia Union of Indian Chefs Library staff who over seve,ral months gave mz access to - - - jL ,= ------

- - - A -their - hii~~ii~soiaep~rtieg- - t 0% - -indiaB - --- - ~f fai~srecords, -ibo - - - -

------provided me-wixh coff-ke--uke-n-khe -microfilm oegan to appear - - - - A ------blury. -I acknowledge t&e work of Barka~aBaraett an? Laurie - - - _ - i - -

- - Pollock w&o_ t-ype" the manuscript using the ~extformcomputer - -

-

- progaa,- I anr inJebted to Pandy Bouchard, Dorothy 1.D- Kennedy, ------

Reuben-Safe, ~ic~olas-'~@tr~szak,--and.~aidra- Edelman- who read and ------

------made comments on various versions of the draft, I would like to ------I thank \he members of my cumml'tte~ who gave lae surport and- -

- -

~ncoura~rneitthroughout my graduate studies. I especially -

appreciate the stylistic 3nd methcdo~ogicalsuggestions made-by ,:

-J Hugh Johnston. I am most grateful to my senior"supervisor, Raqin . ,

Q Fisher, who not only read and commented on numero'us dr3fts, but

through his patient guidance was icstrumental in bringing this

work to completion. Filially, I would like to thank ny husband

Nickolas and our children, Sarah, A-my, and Jessie Rcse for their

unending devotion throughout the duration of this project,

xiii - ~ ------

~ - -- - - K - -- - - ' , - - ~ - - ~- - --~ -- -- - ~ ~ . - - -y--> - - - - -

-p-- - ~.~ ------~ - - -~- - - -- ~- - -- -~ - .- - -. - -.------.~ ~- - -

~- ~~

- - - * ~ - F 06 tn o~fc?s-Pre face - . %:---I I ------I------

~ -

2 B, Fisher, contszi& 322 conflict; hG%_an_-ggyopean Relatigg &_n _- --Eritish columbia-----I ---_-,1774-1 890 (Vancouver: University of Eritish - Columbia Press, 1977)- For a new approach to Indian-Missionary relations in ~'ritishColumbia see, C,R. Bolt, "Thomas Crosby and the Tsimisfiian of Port Simpson, 1874-1897,fa M, A, Thesis, Simon Praser University, 1981. ------

3 "A Report of a Meeting of the 50nghees*Band$~4 Tlay 18944, R.G. 10, Black Series, Vo1.3688, File 13d,886-1, UBCTCL.

xiv

------

- - -Q -- THE SDNGEIEES IND~ANS AID THEIR LAND - \

- - The Songhces Indians are a group of Indians

on the coast for numerous decades and with the construction of

I Fort Vrctoris i.n l84-F, the fonghees came in -dlrec-t contact with > a culture? very different from thelr own. The contact expef ience

was ar event which led to adjustments ir, the Songhees

rclntionship with their environment.: and chdnljes in their . culture,

An investigation of th~?ole of the en~ironrne~trepresents

an Importart emphasis in anthropolo3ical inquiry.* Calvin flart.in

discusses this apprcach and draws out its implications for

historians of Indian- European relations.3 Hartin recommends that

the historian vieu European pen~tration into a group*s territory 9 as an event which triggers a series of adjustments in the P group's relationship with the environment, 4 The details of the

Son jhees territory and their use of their geographical siace in

- prehistoric times are esse~tialto an understanding of the- impact cf contact on their culture and their relationship with

the land, The cthnogra&%ic data on the Sonjhees and their

envirocment have strengths a?ld limits which, at the outs~t,must - I ------. - - be--CZir it iGd . ------

Four well knowfi acthro~ologistshave collected efhrog'raphic % - - data-oikt-hr S-bees I ndianr; 5-f racz ~odspresrn ted his sumindry

of data or, the "LRungen,ll or So~rjhees, in 1890 as part of hrs

"Sixth Dcport of the Cornnuttee Ap~ointOdto Inv~stigatethe

Phpslcal Characters, Languag~sard Tndustrial and Social

- -- E'orrlitiorr of the North-Western Tribes of r~esternCanada.jl His - -

------report ~11san CV~~V~CW~f Sanghees zulture as part. of the Coast '

questions regarding Songhees daily life. Ruas (lid pot deal vith

the system of decisior, makir,g and leadersi~lpand he did not name

.his infcrmants in the report.

Chdrlcs Fiill-Tout di3 field work amorljst the Songh~cs+n

1907, approximately twelve years after Boas. Hill-Tout

summarized his .field data in tke Re~orton the i'Ethriology of the

, Southeastern Tribes of British Col~rnbid.~~His

report differed from Bods* WOP~on xiinor ~oints,md his summary

was, in the main, a description of the Songhees language.6

Hill-Tout's report, like ~ods*sdid- not describe the sony&

daily life, 50th Boas and iiill-Tout provided some information

- i rcglrdi~jthe Scnjhees relatlocship with the land, hut neither

discussed this Subject in any detail,

The rnost extensive study of the Sonjhees is Wdyrie Suttles3,

"The Econo~nicLife of the Coast Salish of Raro and Rosario

Straitslt, written in 1951. Suttles described the Songhees as part kf the "straits Salish" cultural unit. Re rxidined that

.certain cultllral traits were common to th~Straits Sa-1iA.d~a P -

- -- whole du~to their particular geographic location and its

resources. Suttlcs detailed the subsi2tsnce activities of the

Son s as one group of the Straits Salish, and he elaborated - - on the religious and zocidl customs of thge gc?~)&le,U------

lnformxnts agreed with GIGS~- or the ~nformationylven to Nill-Tout acd Soas. Suttles incorporated field wcrk pertaining

to the Songtieest neighhaurs from Frna Gunf.heris "Kldflam ------Ethn~graphy,'~.+andDiamond Jenncssf mar~uscript, "The Saanich

Jndians of Vancouver I~land,~~7Suttles enhanced his ethnographic

data with informat ion contaiued in Unit'Qd Stater; Governmzrit

documents.

Uritinrj on the Songhees in "Thc Fort Victoria Treatiesn, Wilson Duff dreu information from settlersi reminiscences, . tra vellersi accou~ts,newspaper articles, gwecn ment- documents,

- and data from Scnjhees intormants. TI: this articlq, Duff analysed the treR 'ties signed by the tribes of thc southtastern *P tip of ~ancouvitIsland aud in 1950, Duff argued

that these. documents contained insights into, as well as

distortions of, the pre-contact environment of these Ind'ians. --

Duf r compared his awn findings regarding specific places in the ,- Sonrjhees' territory with t.hose of Suttles, Hill-Tout and Boas.

- 6 !!is uork is a valuahle .synthesis of ethnographic data on the

w Songheesl territory prior to the construction of Fort Victoria. .

- -

culture as desc~ikdby the-noted anthropologists, Thc elements ------/ exanined will include the Soncjheesl world-vlew, social ------/- --- - organization, and ceremonses. This examination will focus on a -

- major threzd ranning through these comylexes, the Songh~es

relationship with thelr ~nvironment. Tte lntent is not to - - eaphasize one or another cultur-31 aspect, for most are

int er4ppendsntf but rather to h 12 h1iqh-t those rclateil -to the

Sonjhees r-.latf cnship with the ~nvironment.

The Coast Salisl ~on~heesspo~i! uL&ocenan,u13 They shared

- this law~uaye vith their iemdlclte neighbours the Se~iahlaoo,

/

_/---- , , and Indians, The Sonqhees --/ / - / - -- / interacted primarily with these_- siwihr li6iluistic groups al- - __- - though the S-angkG~sbccarce a sepdrate ~oliticaiunit in the eyes ------/- of the Europeans, with the signing of the tredties in 1850, The

Sonjhees social contacts extended to oth~rCoast Salish groups '

such ds the Cowichan, Squarrrish, And Plusqueam,~* These

interactions taok the SongCees out of famillar territory to the

Cowichan Valley on Vancouver Island, to the mainland coast, and

to the lower reaches cf the Frdscr Pivcr.

The Sonyhees shared a coinmon world-vied with their Const

Salish ncighbours, These groups pcssessed a world-view which..- - -% depicted a spiritual relationship betueen man, nature, and the

supernat.ura1, The Songhces envisioned nature as a snurcc of

supernatural powers, and they sau food as ;1 2ift of thc

supernatural, Both superratural power and focd iere greatly

revered. Food was often de&rlbed Ly > word which means , Adapted from Wilson Duff, "The Fort Victoria Treaties," BC Studies 3< l969), 10. wsacred.Nls As the Soncfhees rnoved over theif kerriteeg an& .. collected resources they did-so with reverence and attempted to

maintain positive relatio~swith the living spirit in all - - t hings. ------According to SuLtls tfie~@-&re three classes in the - / --/--

/ -- _ Sorri~hees~soclety, The "high class peoplett uho were "people with / @advicew' or nwho knew how to behave properh,F The "second

class peopler1 Mere poor peo~lekfio kad become rich, The "low

classfi people were those without "adviceN or, those who had

ttlcist their. hist~ry,~~l~Boas caf led these classes kke nobility, 1 the middle class and the lower class.17 Boas claimed that t$;e

4 lower class lived in the southern ared of the Songhees

territory. Perhaps the low status of thes$ groups was reiated to

the fact that this' area was without established reefnet

locations, Hill-Tout, named four "castesu among the-Songhees:

the "chieftains," i8hereditafy nobility," "unti tledl' and

flslit~es.~Hill-Tout stated that each of these classes also had

its own name. h common man could not use a middle class name but

he could become a middlf class person by sponsoring feasts, I. Chiefs were considered high ciass persons. The chief ship was

passed from father to son, preserving this noble position as

inherited, 18

A , The nuclear gamily was the basic unit far production and consunption in the Songhees society, Fdmllies lived together in

lonqhouses, and each family uccu~ieda separat-e section of the

honse, The family groups 1ivi.n~together were related by "blood or by marriage through eith~rthe ,mdles or the f~rnales,?~ While- eaqh- rarnily had gts own fire in the I~ouse, some of the food p~eparatioriwas donc coipaunally, These families worked together

in some major tood gathering activities. They a1 so participated

as a unit in trading possessions, sponsoring ceremonies, and for

def ense.20 (A detailed descriptlcn of where the Sonjhees families ' \ lived in winter an3 in sumfler is presented later in this

Chapter) l .,,, '?\'b Wealth, power, and kxiowie$ge were possessions irh I, \7 contributed t.o an individualfs or a families8 rank, 21 weal+i was , . acquired through th~inherited ~ossessionof a productive food

site and by way of success~wlhuntin] expeiitions- Success on a - hunting expedition was based on huntlny exprtise and the 4

possession of hunting knowledge and powers, 22 While upward

mobllity was possible through the acquisition of Fouer ana

kaowledge in visions and dreams, rank uds usually established

through inheritance or these possesaions.23 Power and rank were

validated by a display of wealth, The sponsorship of ceremonies

such as marriage feasts and provided an opportunity

for thic display.

Songheess marriages were arranged by the families involved

J icsp -I& rather than by the couple, Marriage was the *'primary alliance" b

. * between househclds and co~dunities.24 The ceremony included a

display of wealth and an exchange of goods. In Gost cases women

were recruitea from neighfiourirrg S-trraits SaIrsh andvxoast SalisX

communities. Care was taken to ensure that the status and wealth of the families was comparable, Wrrkages ef ehsef&Ly * mern bers were not QllCOUraged but marriage bejrobd second cousins

was permissable. 2s If one partner died, then the survivor \

usually aarrie3 a relative of the deceased,. so that the famiiial

ties tire rnsrriage represented, were maintalned.26 DolyqamJ uas , - -

/- practisej, esp~ciallyamongst males of high rank. In aa~y-- ---

instances, the male had wives In sev~r31village,~ thererore (

estab1ishin.j ties vith each group, 27

Thp most 'elaborate Songhees ceremony was the - A

the neighbouring tribes would be invited, During the ceremony,

the hosting chief was raised on a scaffold uhile his sol: or

daughter danced, ther, the gifts were d istrihuted, 2" The &istri- B bution could take three or four days, and was interspersed with

garnes, dancing, acd eating, 29 I

The resources collected throughout the year were shared

with the guests at the Songhees ceremocies, he resources

accumulated formed the basis of a family's wealth, wLith a

. plentiful harvest a family was able to ~error&an ostentatious ' 6 display of wealth, uhere.as in a lean year a display might be

/ 9 * restricted, An abo cdance of resources also provided a surplus. for trading.' A limited supply of resources might reduce the

social standing of a particular family or group,

- - - - - To understand fully the chacges in the Songhees*

------pp rel~tionshi?with the environnent after the construction of Fort ? Victoria, it is necEssary to establish a clear picture of their .environment prior to coctact, -This picture co-ntains t -- . . interdependant variables such as the territory,- Eabitation A f

locakions, resource sites, and methods of exploitation.9 Q Included I t 2 '- , in th5s description are th'e variations reqardiog place &mes a'bd

. , I locat ions -rnich'contrihute tq a ~ic;ture as &orcpls$e as possitle. ' -A

.G The Location oif the victer villages, sum & camps,. and' resource sites aemonstra tes the Songtees*.'settlenen t patterns acd

subsistence 'systems; B

. itefofe 'the constructioh' of .Fort Victoria, the So.ngkees - - territory included the *eastern siF of Vancouver Island frorr:

i Cordo~aRay to Parry Bay, Discovery Island, and the western

shores of Henry and Sas Jyan Islands. There ,is a discrepancy

r~gardi-ng,the southern boundary at Beecher Bay. (1) (The numbers , . h- ,in brackets correspcad to those shcwn on- the map, p.xv) Boas did -"

not locate any Songhees winter vil1a"ges here, but Hill-Tout ,

J namesd three groups cf Klallarri origin who lived st Beecher Bay30

and according to Suiitherqs inforrcant the KlalLarn moved to this T . > area after the construct~iorof Fort Victoria, Evide~tlya I .I Rlallam man named "Yokumfl,'left Pgrt Anqeles about-.1865, and

- 8

atter;epte'd'.to settle his faaily cn the west shore of ~BcecherBay, 1 I

. . . After a .quar,rel with tte Sooke, who claimed the territory, the .

Rlalfam group first returned to Gasbington, ' then moved to

<&her Bay's east' share.31 Sut ties' informant"told hire ghat t-he A . , . . . - SLallams.m.arred uitlall2 th the edqe of__E~ctyicCtor-ia to laake b 2 ,.. shing,$@%and plart ~otatoesfar the Europeans. iihen the yb;nq

< 4 1 peo.61e Legan to ccn'cuae alcohol the Chief moved the group to ------Nittyvs each. (2) 32 Rouever, Suttles located one of Boass

Son phees winter village sites he;e, be&;;.;.. his informants told

him that the Songheesl faniily Hcas named I*K.ek.a9yek. Enw lived

b there, before the Klalldm. 33 Kkether or not this group of

~oc~heesannndonded #ittybs 5~3ch,in favour of the vrlllge oc

the edqe of Port,Victoria at the time of its corstruction, is II unclear.

The southerr! edge of the ~cnyhees' territory, accordicg to

P the llTeechamitsaw Treaty and i)uffqs' informants vas Albert

B Ffead. (3)34 Tn the territorial, 2escriptiort of the first lanr?

. purchase 'of James Douglas in 1850, the Teechamitsa oucup'ied the

tlwhole of the l?nds situated arid lyinl; betweenl' Zsquimalt Harbour 3 L

)I an3 loint Albert inciudrng the Stmits of Ju P . Fuca and extendirag tackvzrd r+nrje of :

mountains. on the Saanitch Arm abo~tten mPles 2is.+z~t_.~~rJ5~uif,

Suttles, and Gunther agreed that the area south of this belonged

to the 6ooke Indians prior tb contact, and to the Kiallarn

Indians after contact,

As noted by '~uff,Songhees boundary lines were not as

static as the Fort Victoria treaties suggested. The Kiallam9s

movcment in and out of what- iaight have- bee'n the southern edge of

Songhees' territorp, indicates tkat the Songhees shared their

territory with neighbcpring Straits. Salish groups, The northecn

boundary of the Spnghees' territory. was also unclear. Whicle %

Cordova say was named as a Songhees village,36 Douglas allotted * . . . the territory ercomgasiog this village to the Saaoich rho siyaed i a ? P d - a--purchase agreement in 1852, two yeafs after the-Songhees - -

signed treaties.37

Sonjhees' habitation zites include? permanent winter

villtiges and texporary summer locations, Winter villages were + :comprised 8-f several lortyhouses, The size and poslt ioning of the

houses depended bn the defense Sequiren&nts of $he location.38 \ \ Approximately thirteen winter villaale sites existed in the

a, Soncjheesl territory. They were iiot ,311 occupied pat the time of

Port Victoria's const~uctlon. Tire k~n(~hees,pop:llation, like many

o.ther boast. tribes had bean reduced hy smallpox epidemrcs and

warfare bcfore the constructron of thezfort,,39 Aiso, viliacjes

were abandonded when family groups lnalgamilted at, om village

for social or economic reasons.40 h Tte most southerly wint-~rvllLa3e was Stangalf(4f/5) which

was located by Boas and 'Hill-Tout, just north of Albert Head.41

Boas named the group the I'Stnnges", uhile . Hill-Tout named *the

rjroup *tSones,w*2 However, Suttles located this cJrouF closer to i . I.agoon, and he did not attribute a specific site to

these people, who were known as the "lowest peoplen, in the

territory. 43 B~thpossitle Stanges locatiofis were also within -v

the territory 3escrlbed in the .Teechamitsa Tredty, 44 Boas - ----

re~ortedthat the name q*SonqheesHwas an anglicization of

~*Stanges,**sOne can only speculate why the name j*Sonqheesl' was

derived from that of the lowest ranking Songhees group,

Just north of tinges wds the village Stchilikw (6)- Thrs -- 'site was named by Duff's informant: as'a villaye.on nil1

- - - Craiqf lower scilool."s4 (9) Dufr t's ~nforlnan t stated that the \

- # people who liyed here spoke a slijhtly differeriE diaf ect. 5%

- - - Hill-Totlk also located d dsCi1psE;rnvlllajc oil the south side of

James Bay, {lQ) He stated thdt at'ter the fort tiad become a

flpo~ulouscentreu Douglas "transplanted the village of osa~*psErn,

who dwelt rtear the spot where the Pctrllaruent ~uilhin~snow .

r stand, to+'squimalt iiarbour where a remnant of tk.e tribe still- \ 1 - .a lives, "56 Duff Js informants named the "Parliament Buildingsv

sit12 llSkosappsom.us? Whether thi(s wds d villaje prior to contact , I is unclear. It was allotted as a village site after the treati~s

were signed an3 was depicted on maps as an Indiar! reserve until

'18:4* 58 *

One of Duf ips informants recorded the -site at Gorge F

Par~(11)as being tile previous villlge of the Swengwhunq who

moved to Fort Vict-oria durinq its constructlon.59 Another of

Duf its informants like Suttles3 , an4 Hill-Tout's gave this name

for the "new groupta or^ peaple who tormed the villags on the edge / of the fort at the foot of Johnston Street. fl2)60 Hill-Tout .- - sta tea that:

After the founding of Victoria, first called Camosunn, after the Indian came of the "rapidsM on the Gorge, the natives flocked into the harbour and settled at what ks now the foot of Johnston Street. They were knovn as the Swinhon, and were composed of members of the various outside viliages, This became a pcpulous centre, so populous, indeed as to inconvenience the colonists; and Governor 3ouylas induced them to cross the bay an2 settle on the other side, where there has been a mixed settlement ewr sim, knmn as the lS~nghis% - Reserve'. "61- As Duff noted, a't the tim~.when the treaties were signed, .

the Kogam Fsom %eEe livinq .'at the llParli;lmeut Buildingsw sit^ and

!he Swengwhunq' had ken moved to the New Sorighees village across

frowJ-t'he furt. Durf kointed out that Douglas must have "judged

the ~wefiguhung claim is stranger than that of the KosamFsom as

owners of the I~nerBarb0ur,~~62 The boundark. between the

Swenghuung and the Kosampsom described in the 1850 treaty, thouqh it does not agree vith this ethriographic dat.a, ras through Deaiim3nws Island and the upper part of- the Icner

Harbour. Duff hypothesized that Loth the Kosampsom and the a

Swengwhuny wintered on the gorge an?. that despitc the exis-tem------of the Kosampsom village 33t-the "Parliament. D-~ildings*~site they were al'lotted territory or u'oth sides of the Gorye r~orthgf

Dea.lmantc; Island, while the Swenjwhung were said to have the area of the Inner Harbour.63 Boas alluded tc tile-nSquinguntz as one of the original Songhees cjroips living at Victoria. (13)

~hetherthe Suengwhung were a unique* yroup prior to contact as the Swecgwhung treaty, Hods and one of Cuff's informa~ts suggest, or whether they vere a I1nev group" made up of members from all the villages as Hill-Tout, Suttles and another of

Duff's informants claimed remains undecided,

'The moves of the Swe~lghvungare also unclear. Perhaps r'- tlacross the Baytt as descr*bed. by Hi3.1-Tout @ant acres's James say rather thar across the Inner Harbour. There is a possibility - that when the Swengbhung vere asked to move in 18k3, they moved across James 9dy tc the Legislative Buildings site and remaine6 there ur,til the mid 1850ts, thcr sold their reserve and moveti to

the site refered to by Hill-Soat. A second scenario is that vhen

requested to relocate, some Svenghwung moved to the Legislative

Buildings site, 3nd some move6 to the site across the Icner

H.arhour. Aowever, sometiac in the mid le508s, the S-onghees sold

the Legislative Buildings reserve site, ad relocgted either on - the west side of Victoria Harbour, or on Esquimalt Harbour."*

- - The archaeological data presented by Rarlan 1. Smith, who

worked ic the Victoria drea dt the turn of the century, supp9rt.s - Duff's thesis, Srnith s-tateb that shell heaps, a sign of a, possi-

ble village site, existed regularly cn the coast of the 1

" gf Island.65 He A- - -- southeastern ti^: Vancouver also stated that-- -.---

atfollowing the north side @f the Gorge (Portage Iclet) from the - - - r;or$e ~rid~t?''to the craicjf lower Eridge, a distnnce of more than \ a mile there is an almost continuous shell rid~e.~~6"Smith

recorded that qumcrous impleaents were found in th~vicinity of

\ a Victoria icdicht'inc; the krcsence oi Straits ~alisiin the /' a red. 67

To the north of Victoria Harbour a winter village uas

located at ROST Bny, (17) There is some uncertainty resulting

>& - from differences in spelling, but Suttles noted that one of the

four groups Boas located at "McNeil Ray", actually lived at Ross

, - Bay.68 Hill-Tout stated the ttTciaKa9uticfl lived qlarottnd Ross '

Bay ."69 !luff's in•’ofmants named Ross Bay and Clover Point, Suttles also plac~dd winter village at Gonzales B%y. (18)

Re hypothesized that cce of the vlllages named by Boas ._

~0rr~~p011dedto the village or, this Eay.71 Duff *s ir.f crrr.an ts concurrei with this and added thdt the group vk,o owned Gonzaiez

% J or Foul Ray also clwced EcNcii Bay, (19)72 Also called "Shoal * Bayu, 3ctleil Pay was name& ds the.sit.t of a vlnter village hy

Duff, Suttles, Hill-Tout and Roasm73Duff's infcrrnants associated this R;iy with both the Chilcowitch and the Chekonein groups w::o sign~~itreaties with iioul~las.Duff pointeci out t~at

or exc;ldn2ed sites at. YcWeil and -Gonzales

Pay, then it o contact tor both groups lived at

-

berjdu ~ollstru~tlngthg f0kt. 74 - - -

i winter villages at Oak Bay, (LO)7s Suttles* informat t was vague 3tout when tile village existed, Sarlan Smith cited Oregon C, Hastinqsv fiadings ir.dicating that - "an embankment aqd a ditchv1 existed on the Bay.76 Smith found numsrous shell heaps along tile shore of Oak Bay, 77 Both of these * f orm2tions were clues of permacect halitation in the vicinity,

Duff's inf crrna nts na~edthis location nSitchanalthw which means f*Willous Beach." Perhaps the village was once occupied by eit,her the Chilcowitch or the Chekonein who, as Duff hypothesized joined forces to fosm the Sonyhees villages on Cadboro A~iy,~~

Boas, Vill-Tout, arid Suttles a~reedthdt was the lccation of a winter village site.79 Smith ccncurred as he recorded the existence of "an e~hankioentand a ditch1* as well as a *'trenchM at. Cadkoro Bay, He stated that, "on a point cut off ky the trench1' he found "traces of house sites" and "the remains of 2 cornparc7tiveIy receu t coo king place."80 Smith also found

"several hundrad cairl.stt or buribi places on the land ltsloping , eastward t-owards Cadboro Bay."gl Cred itiriy the research done by -

- - - -2 c3lleague, S inith stated that "besides the nuaerouz shell heaps

a

Dr. C.T. Newcornbe discovered an "earth worku along the northeast -

"sLore or Cadbora Bay."** The archaeological data point to the substantial Songnoes population who 1nhabits3 Cadboro Bay. Duff asserted that this bas the site of the principal Songhees village ind th3t this grouF was th& higkest ranking of the

- - Songhees families. 83 As previously stated, Duff hypothesizec- - that the Day was shared by the Chilcotwitch and the ~nekoneinat the time of contact. Duff believed that Douglas considered thes~ groups, ~articularlythe Chekonien, the. most prestigious _among

- -- -- the Sonytlees. I)auglas, DUE~claimed, -hartere4 with the Che~ouein - I after all cther Songhees trcntizs had been signed, He paid three of the leadrng chiefs -of the Chekonein including "King FreezyM mar;! blankets than any ok the cther chiefs.e* At the time of the construction of Fort Victoria, these families noved to the edge of the tort, to the village site at the foot of Johnston Str~et.

Boas, HiLA-Tout, Suttles and Duff also agreed that there was a permdnent Songhees village on 1)iscovery 1slan-l. (22)

Suttles' informant stated that the Group lived oc the Fort

I

Discovery Island. After the disease passed some Songhees ret-urned to the Songhees fort reserve and some remained on the , Island, Thugfi the Chekonelc treaty did not include Discovery - Isfand,86 Duff included this Island household as part of the

conglomerate1of f dailies srho inhabited Cadboro Bay at the time < --

of contact, 77 irnith fom& numerous burial sites here.

reintorcind th? probability of Songhees occupdtion cn ~iscovery

- --- Island, 8s

Only Suttles indicated the posslbllity of winter village

sit?s on Renry and , (25)89 The ~xistenceof the ' E - -- latter is substsntiatedic ~epartmesfot Indian Affairs -

- --- -& - + --- 4, correSj!!ondence.-90 In a nmd- census- _co'iil~ed^in19FC)id-vernI-? - - Songheos Frlcluding the Chief, Michael Cooper, traced their -

anc?stors to San Juan Island, 91

The vi-nter villages were im~ortantin the lives of tilt

Songheos. The longhouse provided safe and warm relief during a

- long ar,d cold winter season, Inside tnc "brg through

/ dance and ,celebration, the spirits came alive vith the sounds of

' drum and chanting, Here, ntar trre warmth of the fire, Sonjhees

families passed the winter Perhaps more important, these

,winter villarjes cornkined ~iththe summe= camp sites demonstrated

Song hecs ownership, through ockupa tinon, of the nuaerous bays

situated 011 the goutheast coast ot Vancouver, Discovery, Henry,

and San Juan Islatids. Though there are discrepancies on the

exact locatlon -of the Sonyhees villa..jes, anthropological and x archaeolorjical evidence indicates a well established Songhees

occupation of this territory. *. The Songhees trdvelled from their wiritec vFllages to their

summer cavp sit~sby canoe. According to aoas, two types of

canoes were employed, One was a square-bowed dance that was used

-

- -- - for reefnetting sockeye, The other was-a less common war

- - i canoe.92 Suttles added a third type nam~dthe salt wat~r

can oe. 9 3

%+ The Sonjhees temporary sumher camp sites generally

corresponded with the Songhees reerne ttinq locations. ?lost of

these sites existed on Sai. Ju~I~Isl3cd. For instance, there were

two reefnet sites located on Acdreas %ay(28), one at Deadman

Bay (29), one at Kanaka i3ay(30), ard 3rd just to the north of

Kanaka Eay (31) . The nost southerly summer camp was -at Eagle

Cove (32) where a reefnettlncj site also existed, 94

Su ttles indicated which of the Sonyhnes f amilies owned

these +em~orarycamps, He linked the Songhees at Ross Bay with

the summer camp and reefnetting sites at Eagle Cove and he

linKed .+-lie Songhees of Gonzales Ray with the Acdreas Bay camps,

The HcNeil Bay Songhees, hccordlng to Suttles, summered at 1 Deadman 3ap, where one reefnet site was located- ana aka Bay was -2\

owned by the Songhees on Discovery Island. 95 Several reefnetting

loc'atiocs existed on the uestern shore of this Island, which

rniqht account for tile wealth and prestige of the Sar Juan

Songhees. Besides the summe1 villages 3ssocia ted with the

reefnet sites. on Sao Juan Island, Suttles reported the existence - - of several other summer campsites, !fe also located a temporary

cam&> Henry +land though there was not a reefnet site here-96 , The only reefnet location on Vdncouver Island was named

Yukwuks (16), at flacauley Point.97 Suttles' inap showirig food

source locations does not indlcate that sockeye were available

at ?lacnuley Point, It is dpparent however, that until 1840, the

Sonyhees were Iiaimcn fishing both inside and cut side Victoria -

-Harbour. Federal Fisheries regu1;ltions iiis tituted in the early

1890's prohibited fishing in the I-larhoor, 98 but Piacaulay Poirt,

miqht have teen a reefnet lccatlcn prior to these regulations~

Eeefnetting was a method of fishing that was the specialty

of the Strdits Salish. !3epend&rit upor! uni\;uc geographic fea- '

tures, reernet. t ing in~luercedtechnical, reliyious and social I --facets of th? Son-jhees culture. The techniques of reefnetting -a 2- were basod on a ~riouledguof the migrdtions of the Sockcye

salmon through the Strdits where the particular topography

facilitated this type a•’ fishing-99 A net made from cedar twine

was suspended between two cdiioes over a reef wher~the water was

stiallov and clear, To bring t!ie fish %C the surface in the net, a draw-string rope, which- was anchored with stones, was pulle'd, closincf the net.100 The flshirq krocedure, like most other food gathefin7 activities of the Salisn, was accoinlanied by rituals,

Specific ceremcnies were presided over and organized by the

chief who owned the fishing site. Salmon were considered a

sacred gift f ram the superniltural. The sa lrtron themselves

possessed a spisit which was revered.101 Special car? was taken

when killing and drying the salmon, so that the salmon's spirit

was cot off ended. -r '-3,

Fishing ijns dons by men, uhl le warnen, and ch kldren assisted c. with cleaning and drying salmon. In

supplier! at the fishing site,

the fishing season, 102 A

all of the trih~.P~oductive sites were poi;ular and there was

competitioc anonrjst thc Sorighess tor work at these siWtes.Also,

or with . scme ouners shared more the catch the, workers-- than - y-A ,i: others, which lffected the desirahility of -wo,rki ng_,g+th one site - die- owner or another. 103 - 3 The suamer reefn~tti~gactivities had-- social implications

7 for the 3onghees. Beefnett iny brought families together in close

cor,tact. ~roujsand individuals, who o-t erwise might not associ-

ate throuqhout the year, participated in the religious and i socia1 ceremonieL1 related to this subsistence activity. Social relltionships dedeloped and Ear riay e alliances were considered. -c The possibility of spsntaneous social interactior: was probably

greater at this time, than during the winter season.104

Though reefnetting wjs the most important economic

activity, the Songhees travelled to many other food sites,

especially iit the sufamer.lo5 The Songhees, like their Straits

Sal ish neighhours, adapted their migratory patterns to the ," availability of particular food sources at specific times of the

year, Sites were f r~quentedin a particular order depending on

which berries, rushes or roots were in geason, For example,

~hosykffri"WqlS), a site vest or' where the Empress gotel now

stands, was a camas root bed. . Indians travelled regularly to , this location,-106 This mi3ht account for the depiction of Indian

J cac3es travelling into James Bay, in the first pictures an3 mays

of the Fort.107

Other foods the Songhees gathered inqluded kulbs, sprouts,

and stems, 108 They also ja thered shellfish, Mussels, oysters,

and clams representel just a portion of their annual harvest

from the sea, 109 The Songhees also trclled for coho salmn and

hunted ducks, 110 The variation and abundance of resources provi-

ded 3 stable and aSfluent econoay. The ownershi? of these

resource sites provid~dindividuals and families with wealth

which was used as a means ot verltying rank and bhich influenced w

u the possesion of power, Thus environmental corsditions influenced

social stratificaticn,

The aumerous habitation and resource sites ic the Songheesf

territory indicated Songbeesf Frecontac t land use and land - ownership, Rin~ervilldges verp owce? oy fazili~swho cuilt and

occupied them, while resource sites were ouned by icdividuals,

Summer camp sites

shared aaongst the Songhees and their Straits Salish neighbours.

Although SuroEeans micjht have judged the territory availa-

ble for settletler~tbecause it w'a; not coepletel'y occupied or .-- cultivated, according to the ethnographical and anthrcpclagicd f

evidence this 43s not the case, The ~receedinj-- survey of

Songheesf vill3ge sites, resource sites, and cereinonial

locatiocs shovs the extensive use they made of the territory.

G - meaver, not only tpe sonsbees but also theibstraits Salish . p 1"* neijhbours depended ugon the resources of this environment, - a 'h, , The importance of $be enviro~aentto th& Songhees cannot be

' unaerstated. Their terri,$6ry and its resources were inseparable-

from their world view and dulture. Anthr~pl~giSt~anad Indians -7 who believe d'influence of th; envircnmrnt to*be. paramount, - T 1 * taight say "the land the ~ulture.~~lll0nlP vith an understand- n ing of. the ~oh~heesrelatiowhip ritb their environment and its

0 sources of aeL-LSongkes-Europeanconflict. Dver the Songhees < -+ k.. 1 The nave Songhees 1s the angllcize3 form of thest? peopiesT vlllage site just north of Albert Head o~l.,Vahcouver~Gland,,~See Chapter Ope, p. 12.

i' i' 2 This e~phasisis represented in the metnodologjcal approach of ecological anthropolcgy. For an overview o'f this approach see, June Helir, "The ~cologicaiApproach in Anthr~poLogy," ~mericqg- ---Journal ~f S~cioioqq,57 (Yay 1962) :630-639-

3 Calvin iridrtinfr "EthnoL=story: Better gay to &rite Indian History," iesterq Historical Quarterly, 9 (-19731 :41-56.

- he main sources of ethnographic 3ah on the ?ongh-es are; 1- anz Toas, The "Second General lieport on the Indians of British

Colurfibia. I, TFe LLKUMGES. " The sixth Report of the Corm'ittee ' - Appointed to Investigate the char act^ rs, Languages and I n2ustrial and Social4Coqditron 0.2 the Worth Piestern, Tribes of, the Dprninion of~~anada,"heport gf tt British association _fog --the ------~dvan'cement of Science (1890) : ~6,3~582;Charles Hill-Toyt, ' gReport on the Ethnography of the South-Zastern Tribes of Vancouver Island, Eritish Colombia, ly J3urnal of the Royal -Anthro~oloqj~& Wtitute 3$ '1(19~': 356-374; Yagne Suttles, "The ~c~nomicLife of the Coast Salish of Haro and Ros9rio ~kr3its," (PD, D, Dissertation, University of iiashington, 1951) ; and ailsoq Duft?, "The Port Victoria Treaties," gC Studies 3 , ('1069) : 3-57, For the rnost pgrt these authors present similar 3at a on the Songhegs, S~medifferences will however, be not&d, . Boas named this paup the "LKuqgenu and "~oncj&ish,!* Hill-Tout , used the. term llLERC?I'ENE?J~,Sut%rles used I*Songhishw and Filson Duff for the most part used JISongCees,*l Songhees is close to liSongeesfmemployed ,by Douglds i~ithe treaties negotiat~dwith thess Indians, but when he first arrived he calle'd them Samose and J.F. Andecscn, one 3; Fort Victorians pioneers, used the forn "'~tsarniss.~~See Duff, r.31, 8 6

-6 For a conterriporary iivestigatior, of Songnees linguistics see, + Har jorie 2uth Yltchell, "A' Dictionary of Sonyhis: a DiaJect of Straits tja1,ishfli (M.A, Thesis, University of British Cola~bia, 7372). an3 Tolanda Adela Xatfo, "A Phonology and Plorphology of @ Songhish, A Dialect of S tralts Saiishfn (PLD. Dissertation, , University of Kansas, 1972) . I -

7 Erna Gunther, "Klallam Ethnography," Uniser5i.t~_og Gasbinston-

7 - --Publications ig *&+1hrc~oloq3, I (19 27) : 1-4. AJso Diamond -Jeny$ss, "The 3aanich Indiaris of ~ancoilverIsla~d," unpublished

typescript, N~tionalM-ust?ula of Man, # - - -

- * speciiic to the area inLabitnd hy the Sonyhkes are two works by BarIan F. Smith, Agchaeoloqy _of &h_e Gulg of 5g)rqia Pgggz - ed, Franz Boas. The Jessu~North z~acii. ExpeditLcn, [New

-Pork: I;, E,' Sticket, '1907, Repr.int. New York: A.M. S,,_197_a) :- - 355-360. Harlin 1. Smith a'hd Gerald Fowke, "Cairns ~ Briti. - Columbig and Klshir~gttg ed, Franz Boas, T'g J~SSUE North Pacif c -Fx~-@;fiti6n, ------vol. TI, Psrt XI, (Reprint, Mew York:'A.fl.S., '7--1975) ; . , 55-63, .

- bi 9 ~onafti Mitchalf, "~rchaeoloyyolC the Gulf ot Georgia Area, A. Natural Fegion and its Culture Types," Syesis, 4 (1971) Su~plertento 1; yoy carlson, **Chronolocjy and ,Culture Cbanje in the San Juan Amerscan Antiquity 25 (1960) Yo,4 :552-586; and Yoy Carl~on,41Archaeolorjy. in Brr tish ~oldtnbid,~s Studies 6-7 (1970) :7-17. ?of contemporary work reiated td tW --I a Sorqhees territor-y- see, 8, U, Rlacklaus, NExcavatisng at , Esquimalt Lagoon: A Contributrcn to ~QraitsSalis5 Prehiat~ry,~~= (V. A, ,Thesis.,- Simon F raser rJniverslty, 1979) . - - - 10 Nancy, Condrash~ffand Grant Kcddie -cf the Arsl~aeolojy Division ot the British Colurnkid Prorsinclal Yuseum w5re generous - with their time and exrlained the field- woqn ridert taken in the territory -once inhabited Ay the Sbngbees as we3-1 as southern region of the 'ccast of B~itishC3luinDia. They were able to put

into layrnan!s- terms much of the selevant sc~e3tlfic - - archaeologic-a 1 teriei~ologywhich 5ose.s difficuitiss for a .person outside +of the disci~lxne.

11 Victoria Satette, -28 ~prll1859. On this date the Gazette " reported that approxi xately 2,835 1ndians Lived at Victoria. Alsq ~amksliauglas, -writing to the Colonial Cffice, estimated the Indian populaticp near the towrr to be 2,1100, 3duglas to Newcast17July 1860, (CG.305/14). Also cited in 3, Fisher, 4 g Contact 3na Conflict: indim-Europelrc Held tions British- I_------ColumblaL -----4- 1390 CVancouver: University of British Columbia Press, 197 ,* p.122,

- 7 12 3.K LoEas to ,the Superintendent General of Icdian Affairs, 23 April 1895, E.S. 10, '401. 3969, File 126,OR4, fJKTCl., .

- 13 Suttl?st p-b, ;iil'i-TOU~ nam~athe language "LEK3nenSn." 3ill-Tout, p, 332. Boas- named the larkguage "LK~nyenEn.~*Boas, 'p.563. - - - I* Suttles, ppc 4-7; ilill-+out, p. 312;

1s Suttlas, pp.43-50, , -4 16 Suttles, pp. 302-303, EB Rill-Tout, p-308, - -- -

21 Ibid., p-53,

33 Boas clted in Suttl'es, p.17,

34 British Columbia, Papers gpZgcted Kjth &he Indian Land P uestion------1850- 1875- (Victorid: Richard Holfenden, 1875) , p, 5 (ficreaf ter-cited as B-C, , ~sgez-Coinecte_d_).Also Duff, y.27-

35 B.C.,, ,Paeers,, Connected-,,,,,,- f p. 5-

- 36 -- - Suttlest map, p.14. - --

3 7 Duff, p. 21-2,2.

38 ~uttlek,p.276-277, t

39 Slayne Suttles, "Post Contact Cultur~Change Arrong the Lummi Indians," Eritish Cellrubia Fi&tarical puarterly 18 11 9541, p, 42-

40 Duff, p.48-49-

41 Duff, p.31; Boas, p.569; Hill-Tout, ~~307- 46 Duff, p.33. 0

47 B.C. 33x2 Conn~cted, p-5.

49 Duffl PI 14,

50 Suttl~scited in D+uif, p.33.

L-7 '1 Duff, p.33,

54- Hill-Tout, p-307; Duff, k.33.

5' Duff, ~~45.

58 Douglas to Liarclay, 26 Au~just 1854, Sir Jaiues gouglas, Fort Victoria Correspondence Outward 1850-1858, gAgC_. -This ietter * "$ contaiced a reference to the Indran Reserve allotted on the site ', where the ~e~islayiveBuildings now, stand, - I * *

59 Duff, p.35.

60 Duff ,* p, 35; Suttles, g. 17; Hill-Tout, p.307.

61 Hill-Tout, p.307. 5

63 Ibid,

64 The move ~usthave taken place after D~ugAas~oted ttte reserye in z letter to BaJXldy in 1854 (see footnote 58) and be- fore he announced- the leasing program in the Legislative Assembly- (see Chapter two, footnote 34) Whether the Songhees mcved across the Harbour or to Esguimalt is unclear due to conflicting ethnographic data,

13,886-4, UUCICL.

91 ---Ibid.

92 Boas, p.566. %

93 Suttl~s,p.243,

94 Sutt lesV map, p-14,

A 95 ug.

9e can ad^, Stastgg, 1874, l882, WEiC, (Ottawa: Erown Chamberlain, 1878) , p-lii; (1889) , pp-xli-xlii; (1890), ?p. lxii-lxiii.

1 O* Ibid. , pp. 165- 1 YO,

105 See Suttles's map F. 14, for specific food site locations and reefnet site ownership.

107 Paul Kane painting in D-uif, p.41. Also J. Pemberton, Ma_p o_f Victoria Harbour Flap Division, PABC, ------I----,

110 For a detailed account of Sonyhees methods of resource explcitation see S uttles, pp. 57-222.

111 This phrase is adapted fro^ the film title ''The land is th~ Culture,*# Prodtxea by tLe British Colunsbia rjnier, of Tndian Chiefs, 1974, I CHAPTER TWO

Songhees-European Relations, 1843-1 871

Froa tlc tiin€ of Port Victcrial s orijirial construction in

134 3 u2til 3ritish C2lumCia en+ereci into Confederaticn in 137 1,

Sowjhe~s-European r~iationsappeared to be reiativoly

harmonious. At contact, the Sa:1$hees aJaptr;d in a gay that accoasadat-ed their Dwn needs and aspirations as wall as those of the Europeans, [Iowevec, the re lations between the Songhees and

the Yuropeacs especially r~~jardinyland s2o3 became strained,

These strained relations eventually led to Scnyhees resistance

to 3ny further dis~cssessior,of lailri. Dy the tisc the federal govcrnrr,er,i, assamed respnsibility for Indian Affairs iri British lolumbia, the Sonqh~eswere ada~a~tabout resist~ngrelccation,

0x1 June 28th 1842, rl resoIutioi.~was passed that changed the

lives of the Songhees forever. On that d3y, the Hudson's Bay

Company chose ,3 ceu site for its he~dquarterson the Vorthuest

Coast, The Company's Ccuncif of Northern i)evel~pn;ent,decided that: . . it being coasidcrcd in many poirits of view ~xp~di~nt to fora a depot at the Soutkrii end of Banc9uver8s Island, it is resclved that an eligible site f~rsuch a Depot be selected and that nedsures b~3adopted fgr farming this EstnblisZitneut with the least zossible delay, 1

Racrican settiement in the west wtich threatened the Sritish

I claim- to the northvest coast, Jan~esDouglas, a proxinent Hudson's Bay C~mpsnyemployee, $ lrst nade an exploratory trip to the southern ti~ot !--B~ncouver Island, and then on Plarch 14, 1843 he returned to tr,e I~ldndto build a fort.

%!,ci. th? fortlr construction bega~~,the Sonyhess moved to its northern perlmeter.2 The Sonshecs who .imalcjamated at the ', ti t .site to the north of the fort were called the ftSwecl~whucgit.3 ? \ This was ~lsothe name givec to the family who ichabited the

he Inner Parbour wherz Victoria now exists. The

Teechamitsa, Vhyomilth, Kosampsom, Chilcowitch, Chekonein, and the South Saanich groups joined the Suengwhung at this loca- tion.* The viJlages abandoned by these 3roups were: Stangal

(4&5), StchiliKiJ (6), the site at. ~orgE!Park (11). 9oss Bay

(17), Gonzaies B6y (181, PlcNeil Bay (19), Oak Eay (20), Cadboro

Bay (21) , ~iscoveryIsland (22) , and Cordova Bay (23). {seg map p, XV) There might also have been Songhees who emigrated from

Witty's i3eack (2) and Henry and San Juan IslandsliS--If a village site existcd on James 6ay as Hill-Tout suggested then some

Songhees night have joined the Kosaapsom group at Skosappsom, the Legislative Buildings site.6

The new village was perhaps the largest Songhees

lqarnation, and it presented neu socia3 ramifications. For instance, at the Swengrshung village, the lopwest ranking

Teechanitsa family from the southern prt of Songhees territory, ' and the highest ranking groups from Cadboro Bay, were now living at the same site. 7 , ' r -. The i~plicatlcnsof ffiovinj trorr, the' wlnter villages were

probably not apparent to the Soncjhees, The abacdonnent of these

village sites mijht be viewed Liy Euro~edllsas a voluntary

relinguishment of these territories, as the scqhees 6id not

return to their previous village sites. The Sbnqhees ffiight cot

necessarily have assuni~ilthis on th;. basis or their own notions

of lacdkuse'and ~wacrship. For instance, -.;one 2roups had

ama1;amated dt Cadboro Eay, and at the same tiuie they shared the . . surrounding territBry. The amalgamation did not si-gnal I( rl iminishcd access to the abandon~dterritory or i t:; resources-a.

Similar is sump ti on^ prevailed at the time of contact. Prom the new Suenguhung village, the ISongheesr retained access to their food sites, afifl they ccntinued their, migrations to their reefnet

locations. The new village location also facilitated access to *- the Gorge, the Songhees9 most popular surcmer locale.

While the Songhees might not have welcomed the Europeans in,

their territory, they did not attempt to deny them access

through armbd rcslstance.Y The Sonqhees were probably aware of

the hecefits that might emanate froa the existence of the fort

in their territory, From the village adjacent to the fort, the

Songhees planned to ccntrol trade. Tney intended to be the "hoie

gudrds", as the Tsimishian had done at Fort Simpson,lo Like'the

Tsimishian, the Soceghees gathered at the Fort's walls and

attempted to act as middlemen between the Indians and the

/ ? 1 company traders, ~nri/one'. occasion, ailter Indians from Elellingham Bay complete4 a trading transaction at the fort, the Songhees robbed them of all their goods. gpr: receiving compllints from

the Fellin$ham Bay Tndians, tte Chief Factor, ii~derick

Finl3yson, tnrouyh the threat of reprislls, recouped their 0 supplies and provlded :in escort to safe waters. It apppars that

the Songh,e~s~dtteept to monitdr Indian tradinj was curtaiied by P

Finlay son Is heavy handed ap~roach. I

Thatlgh the Songhees were required to conform to the demands

of the' Chief Facto~;.by tLe threat of piiysical violence, there W was some recrprocity in the Scrtghees relationship vith the 4 .?' f!udson*S E3ay Conpany traakrs, T~EBritlch possessed arms and

these serve3 to protect the Songbees. The Songhees located their

ori~inalvillaje on the northern edge of the fort, where the A

bui ldinj protected them rrom hostile groups entering the

? harbour, The Songhees, 1ik.e other Straits Salish, had'-suffered - qreat losses at the hands of the Yukulta, a southern gro;p of - P Kwakuitl, who possessed 'muskets from 1792.11 The Yukultd

i*.tilled, loot.cd, and carried off wonen and childrmi" as s1avesfw

througho~itthe Coast Salish and Straits Salish territory.12 The L need for a defensible site was therefore an important factor in,b

determini.ng the locatian of villages. 13

At the new Swengwhung village site, there were numerous

opportunities f cr enployplent, ~urin~the fort's con9struction the

Son jhees excnanqed 6ickets for blankets, Evidently, the trees -1 nearest the site were not straight enough for',buildirig .. tt barricades, The Songhees were -coa~missionedto Eind suitable

trees, From as: far away as five miles, these Indians hauled pickets aeasurlni; twenty-tvo feet. in l~n~thby three feet in

. Q circumference. In return for forty plckets, the Songhee:

received one blank~t.14 The Songhees also assisted in the Fiudsor!

Bay Com~any's agricultural aqtiviti>?:;, They plouqfted fields15

and planted patatoes, 16 The Songhees supplied the fortis

residents with salmon acd buckets of clans, Sor,ghees men acted 0 as ~uidesand they delivered the fort's mail by canoe.17

The presence of the fort, and the subseguent Sonjhees

participation in t tie labour economy, precipitated changes in the

Son jhees* relations hi^ with th~.rrenvironment, For instance, the

Songhees invulveaent in supplyl~gthe tort's pickets affected

other aspects of their lives. This employment want. that less

., time was available for prevlous foras of resource exploitation: , The exchange of Sonqhees latour for gmd's, particularly ,

. h lila &ct.s, afffc ted thesir qnce necessary migrations to gather , reeds for textiles. Changes to their mkgrqticcs altered the - d social and relijlous activities assxiited with some of these

subsistence activities. !a \\ The new wedlth avallnble throujh the wage economy at the

fort irtfluenced individual pad group status, An individual

displaying &a.Jth accu~uLatedf hrsuqb labourings at the fort

P '- could en'haa his qwn ~adhis family's rank which was 9 traditionally based on a'scrip.tive or inherited rights, ~ckuired

enhanced staius ind. altered int~r-grouprelations.

~fthoughthe .Fresehce bf the ,fort .ca~useachanges in -the

S cnjhees relatiocshl'p with .the environment and their cu,lture,

-- L J Vhey adapted t~ the EuroFean presence in their territory- Their

initial response was accomoddtive, although as settlement

increased and the colonial yo vernrnent became increasingly

dominant, the S~nghees~altecedtheir posi tion, An ex3mination of 4 land negotiations indicates both the Songhees attempt to

accomnodate to the CuroFean presence, and the beginnings of the

strained relations-.between the two qroups, c

Shortly after the cocstructlon of the fort Chief ?actor,

Coderick Finlag~on,negotiated the first relocation.of the

Snengvhung Sangbees, iiecause $heir villag? uas seen as a fire '*

hazard for the Fort, Pinlayson insisted that the Sonyhees mov6

across the harhmr. 19 I!e reported:

. .,,I xanted them to remove to the other side of the i harbour which they at first declined to do, saying the land was theirs and after a great deal of angry parllying on both sidrs, it was a'grerd t$d-t if I allowed - aur men t.o assist them to:-rc~ove,, they would" go, to lrhich I consente.l.,?o -

A L- 6 ' Y 1 The jonghees uride=stoo,d~heirriyts to the land, dspecially to - r, t 0 the site chosgn on the inner side 0.f '$he-fort. 'Finlayson b + realized the rotive f:r 'their refusal to: relhafq, yet br re- u " I - p 62, < \ i CP$4 * gui'rred ~tbatthe Songhees move, 1 ._

2' n 2' The Songhees f British reprisals might have

2, " . contributed to their accoromodative stance, On a previous * 7 occasion; vheq thqoohqhees refused to cooperate with Finlayson,

he resporde? with a viclent 'show of force, A Chief's house was *. jestroyed when a stolen oxen was not returned. Attempting to

,avoid. such a confrontation, t he1Songhees agreed to a peac_ef ul

resolution cf this first relocation issue, and they moved to the d other side of the harbour. 21

There is soioe discrepancy regarding the site of the first

?_- relocated Songhers villaj&. 22 ltRcr.oss the harbour ," as described by pinlapson could have referred to a relocation to the siteA

acr3ss James Bay, or it could kave meant across the harbour

vhere the Songh eventuzliy reslded until 1910, Both iight

even have , SoiRe of the Swenguhung could have joined the

Son.jhees..at the Legislative auildibgs site and scae others might

have moved across Victoria Earbour, 23 This site, inhabited by

the Songhees until 3977, was rocky vita a Foor wat;er supply,Z4

The Legislative Bsssembly Burldings site might have been a * - village, as thls laad,-uas allotted as such, after the Songhees r siqned purchase, agreements in 1850, Neither of these locations I were as conveniect as ithe Swengwhung site for Songhees employed -. ,- at the fort, and toth wefe' less easily defended, These 9r - 1 disa3vartages sj.$&t qexpl-ain the 5ong)ees in1Wsistance to i 'B nave. I , .'.* The ,most gijnificant %and transact ion involving Songhees

terr'itory occure.l in'1850, I'n this year Chief Factor, James -- v 3oojlas, sibed a series of treaties with +he songhees and .+ .I fourteen other+Indian groups oc Vancoover Island.25 The

I %% territory of tne ~ongheekwas included in at least' six of the

L ' r tre3ties.26 On April 29, F850,'the lands of tne T'eechamitsa, - - - Kosaapson, Swenguhung, Chilcowitch, Whyomilt h,. andChekonein

- "became the entire propecty of the white people forever,"27 Two

years lateri treaties were rigped with the ~oithand Sooth , ~aabich,sow of which were krtowrr to b-fongkees.za These deeds

of conveyance, as Douglas called them, did allow for the F Songhees to retain their villages, potato patches and grave

yards and provided for hunting on "the unoccupied la9is."29

On first glance, t41.i-e treaties a2l;ear to reccgnize the . * -

Songhees aborigindl title. However, DoUylas's representation of ' , ',? ',? Songhees land gwnership was incorrect, As noted in chapta-r. one,. the Songhees shared nost of their territo.ry, uhileFfamiliA s claimed winter villaye sites and individuals ouned' resource

sites. While the treaties' 'prdtected the Sosgkees vi1far;e sites,

by 1850, there were only two left; The treaties also, cjuarantded -5 Songhees fishing and huqting. Fcr the Songhees this mpant that

reef ne t sites and other resource sites were .guaraqteed. Fiouever, 4 this provision applied only as long as these places were npt

inhabited by Eurapea,ns,30 Conslde.ring Douglas's experience ic

\ /I- dealing vith Indians. it is debatable whether he r&cognised the t limitations pf the treaties, or what the f utnre ramifications %f

the treaties might be. S*

When the treaties were signed, they representedc a - f relatively good business transaction for the Songbee5 They received payment for agreeing to condi tioris uh-ich already . 1

4 0 existed. The Songhees received blankets for living in allotted

village sites which they already inhabited, and- for sharihg . c, - ,I territories, they * their which. had +l/ay% done, since the \

- - 158 - \Li Songhees had already shared lands, this was not a \ - I/ aajor concession cn their part, Further, all they required was

access to their food sites and hunting areas, both'of which were

L guaranteed in the treaties. The Songhees probably did not

comprehend Douglas's ~otivation in signing the treaties. He '

wanted to free the land to-all+-u for settlement the vicinity

of the fort. L Interest in the socghees9 lahd rbbed uitil the discovery of

gold. In 1853 Fort Victorid was inundated with miwrs. Land speculators- ,also visiteq the cclony during the 301d rush and ,land values soabtl. The sconomic activity of the post 1858' d - period at the Eort, was accompanied by a concerted effoFt to P remove the Sonljhees India~s fro^ their reserve. Situated across

the harbour fro^ the tort -he Songhees land became extremely \ 7 valuable. As well as irnddinj the deielopsent of the port the i ressrve uasCBhsidered'ar a safety and a health hazard. The large oathering of Indians also offended Pth sensiblities of those 3trte~ptingto build a "little Enjland" on the north west

coast, 31

In the nidst of the gold rust many persons approached the

Songhees to purchase the ideally located lanrl.32 Douglas immedi-

ately took action and announced in the Victoria Gazette thatti-

tle to the reserve was vested in the Crown, and that it uas

illegal for the Songhees to sell the land, Yowever, Douglas was

pressed by J.S. 3elmcken and James Pates, members of the

/ Legislative Assembly, to investigate the possibility of moving I \ the Indians and sblliqj their land." Douglas resp~ndedthat it

wonld be neither "just nor politicN $0 rsmove the Indians, as the"government was "bound by the- faith of a sodernn engaqetttenk t3 *. protect tfiea in the erjoyment of their agrarian right~.#~J* 8 \ Ironically, prior to this statement, Douglas himself had

/ contradicted its very premise. In the mid 185d9s, the Songhees

offered tc sell the S kosappson rcskrve, (See map p-xv) Initially

6ouglas refused 'the offer, but soon after he accepted, aild the

i

- ~on~heesmoved across the harbour. Tke 3ames Bay site became the

location of the Leg.islatlvt? Duildings and Douglas's residence.

f When Douglas negotiated tile James Bay sale, he alsb

awsnged a leasing program on the new reserva35 Although Z '..- Dou3las had allowed some rental ot sections of this reserve, it

. was not until 1853, that he formally announced a leasicg program

in the Youse of Assembly.36 The Songhees were given "trifling

pre~ents"3~'for the sale and use of their land, but it is likely

that Dou7las promised a substantial revenue through the leases

and the safe of the S~OSS~FSOD'reserve. Later docuffientation of

Band meetings shows that on several occasions elders stated that

they never received the monies promised to them for the sale and

leasing of their lands,S"

Though Douglas attempted to crganize the leasing program on

the Songhees reserve, his plan met with numerous obstacles, In'

1962, he a~pointeda -Board commissioned with the gfmanagement of

the lea-sing on the reserve and. the leasing account."J9 The

members of the Board were J,,D. Pemberton, the Survey0.r General

of the colony, A.P. Pernberton, a Stipendiary Hagistrate, and I 3.G. Blston, the Registrar General of the co-lony, One of Douglas8 previous leasing assistants #,A.G, Young, the Coloriial - '

Secretary, continued ta assist the com~ission, J. J. Cochra-ce end 4- later L, Loewenkerg acted 9s land agent and treasurer.40 .f The efforts of the commission were sporadic and unorgariized L a

' due to the prolonged absence in Ehland of A.F. Pemberton arid

the lengthy illness of J.D. Pemberton.41 A financial statement

prep~redin 1864., at the request cf Sovernor Kennedy, showed 9 that two thirds of the reserve had been leased and that the

total annual r2nt n .F1404.00. 42 The irregula'rities of the me3nt that rents ,were. not always collected, nor- werp they. regularly disbursed to the

Songhees. $3

The first record of dispursement occurred in 1860 when the * - 1 % ~ndianTmprovement Committee requested, and was grant+ d funds and a site for a schoolhouse on the Songhees reserve- 44 111 1861,

missiorlary A.C. Garrett sub~ittet!a sekond plan for the

administration of a portion cf the; funds accruing from the

I Indian Reserveff and he requested fl42.00. *s In 1862 he asked for .

a further R248,00, to purchase food and clothing for the Sonjhees.46 Yhen petitioning t7he Colonial Secretary to ap6 rove his request, Garrett drew attenticr~to, the Songhees

dissatisfaction with the leasing program. He stzted that, "the

Songheea ~ndibnshave now for a long period been watching with a jealous eye the occupation of their reserve, by the whites. They r have consented to this occupation because they have .been repeat-

edly informed by authority that fur,ds would be obtained to be %

devoted to their ow n The tents did not anou

much for the Songhers. As a r~ultof irregularities in the

leasing program, only 91078.00 was collected cetween 18bQ and

1863.40 The Songhees received less than half of the money

collectc~i,In 1865, Governor Kennedy declared the le3ses illegal + and forbade the collection of their rents-49 Two thirds of the

resErvP had been leased to ut,itss and the Songhees received a

very smal* percentage ot the pdyment.

Jn 1069 the leasing fiasco was handed over to Joseph

Trotcb, fhe Chief Ccmnls-sieaer of Lands 3nd Works, who in turn

wrote to the C~loni~ilSecret.lry in Lcndon ~ugyestinya course of

action. so Prutch Fropo d that bscduse no forrrnl vrit Cad Seen 3-.. issued after ~%nnedy*sa&laration, that each of the leasees be

ord'ered to pay bask rents wlthic thirty days, Those paying could

retain leases, while thcse nut paying would forfeit their

lease.51 Most lease holders chose not to update their lease, as

the site had become undesirable to reside upon- Further, b'scause

resale was impossible, the land bas worrthless for speculatioh,~2 ! Only three leases continued until the reserve was surrenderedi53

In 1871, when British Columkia entered Confederation, the

provincial treasury passed the $1984,82 that accrued from the

leases to the lominico gove?%ment as-a lqgeneralwsurplus. Tbe

provincial government ignored the fact that tile source' of the

funds was the Songhees leases and that the Socghees vere the k rightful recipients, but the Socghees did not-54 The money the / government owed the Songhees became a thorn in the aide of both -- the provincial afid federal governments,

T hrouc;hou t the ccntact and settlement period', the Songhees

accommodated and resisted Euroredn pressure for their land. The *

Sonqhees accowmodated to the iritial Europear! d~n.~ndsfor the

relccation OF their village, and the European use of their , 4 territory. Throughout these irteractions*they also attempted to

fulzill their own needs,.The existence of tte fort in their * territory gave the Songhees ner* and userul rGsoutcns. It brought

weaLth and prestige both tor rndivluals and the Songhees groups.

The Songhees worked as ia-bousears at tho fort to acquire new

wealth. dhile changes in the Songhees economy altered thelr

relationship with the environment, the Songhecs uere amenable to 1 the Europeant presence. B The Sonyhees agreed to ~inhgyson~srelocaticn plan and to

Douglas's treaty arrangements, The Songhees also acceptpz

Douglasf proinised revenue from the sale and leasing of 'their-

lands, bjhile the Songhees might not have understoou .the notions

of cwnership contained in the treaties, tiley uere wifiing to

shaw their tekritory, to foster peaceful relations and to . = maintain the advantages to their economy. C I %- During the gold rush, the Songhees territories became '

densely populated and limited access to their resources became

an imminent reality. They learned that the treaties did fiot

Lga;Brpnteeunoccupi~d lands tor hunting and fishing. These cir- * $' culstances contri%uted to the development of strained reiations I between the Songhees-and ,the Europeans, especially regarding land. When injustices resuwng trod the land deals became evident, the seeds of the Songhees resistance were sown, and their intransigence regarding relocation was to frustrate federal and. provincial government E tor the foilowing forty years. 1 Rssolution 68, Council of the Hudson's ' Bay Company Northern Deyartnent, in Eclmond F, Cliver gd., Tl?g Ca_Zqdiac Jogt& Hest a ---Ear 12 --.T---Devcloprr,m& 2nd Leqisl3tlve gecord~(Publication ?lo. 9, Archives of Canada, Ottawa, 1914, 1915), pp,f?47, 046, cited in k,N. Sage, s& Jags2 Qpgqlls 2nd gyitisfi Cq&gg&&a (Toronto: * Univcrsitp of Tcr~ntoPress, 193d), p,121, The resolution is also cited in W.K. Lamb, l"Tt~e Founding of Fort Victoria," l3~&3&s& CoLuxtbia g&storical 2uarterLy, 7 (1943), p- 84, Lamb outli~esth~ controversy surrounuiny the new location of the Eln?sonrs Ray Company Headquarters in the introductory pai-agraphs of this article,

2 It is unclear uLuther the Socqhees at Esquinalt abandoned this village [ind then they, or a new- jroup, returned to it after contact. 70u~la.snoted the village on one of his orrginal maps of E qui~alt. liill-Tout stated that the Qsat~sEn:originally . inhab1 ted the vlllage on James Bay and were relocated after contact, A reserve was allotted here ic 1950 'drill the new Son7hees vlllaje u3s located adjacent to this site in 1910.

3 When the ror t was constructed in the Songhees territory this group, ,probnbly comprised ot Str~itsSalish from fhroughout the area, numbered apprcximd tely one thousand. S uttles, "Post Contact Culturc Change," pb 42. SuttJes notes that -by 18Y3, the Coast Salisil population had declined as a result of the smallpox epidemic of 1782, and the raids of the southern Kwakuitl, who possessed firlarms.

See Eap r.33, tor tertrtories allotted these groups through the pu~ciias~agreements autLored by Jaaes Douglas in 1850.

s As not~din Chapter One, there are discrepamips reflarding the number and placement of Sonyhees villages, It is also unclear whether dl1 of the sites identified as vill$ges, were occupied at the time 0% contact, T

6 Duff's in•’ormants named this slte ~Skosappsorn,' ~uf't, nThe Fort Victoria Treaties," p.45, Hill-Tout named this site hs an origi- nal village "location. Charles RillrTout,, "Beport oii the Ethnography of the South-Eastern Tribes of 4ancouver F-307, Guntter- adds that a 'group of ~lall'ammigratLed from their American territory to this locale, This groug then. roved to Witty's Yeach (2). ~'ieweilconcurrently thv data supports the hypothesis that there was a village at this site -prior to contact and theretore, this site vas n possible location for - 7 Duff Is .informants noted t be "lowf8 status of the Stangcs group to the south. Duff also hypothesized that the Chekonein fro~nthe northern area were. ot highest stntus. When co~sideriugthe amalqamation of these groups two yossibllities arise, eithe~the 88Swen~whuny-Hviilage was a urilyue event in Songhees history, Laving profound impl1,cations for all the qroup, or that the rwk of the grouvs ~nhakft~ngndjactnt areas was not substantrally different, giving a ?robability of varied forms of dnalgaliia tions prior to contact 3nct therefore the lessening of the impact of the Suengweng amalgamatibn for ti,e Sonrjhees, Further archeological research might give credence to one of these sceneries tor Scngnees~~rehiqtory,

C. 8 Llnd-use and owuership IS descri~edgore fully in chapter One, p.11. Also r.oted in the rlrst chafttr, 3ccordl:itj to Duff, the Che~oneinar.d tht. L'hilcowltch (3 roup; gathered at' Cddboro Ray, These groups then shnr~dth~ territories in the vicinity of the Bay.

Q Thc SoitqheesV fri~ndlyatt~tudc is noted by Rev, J.S.Z. Eolduc In his correspondence contained ia Notices gpQ Loyqgeg of i -----Famed Ouebec------!4iss~cr, t_o ths Paccfic k4ggt4wes&, (Fortland: Chan~e0.J Press, 1356), r.193, It uaa also descriked by the early euplo~erson the ship tilv sA~zg111 1790 in Henry Wagner, Spdnl~k 6. zalgy&t&onsrq tbl 22% & pcq S&ra&t(Santa Ana: Finf Arts Pr~ss,1333) .I)- 110. An rntercstiny explanation for the graclou sness or the Indlan toddrds the European on the northwest 4 codst is offered by Hilary Fumley lo 8JR~actionsto Contact and Colonl??t~on: An Interepretatlcn of Rellg~ousand Social Clisnye ArnonrJ 1 vjians of Sritish C~lurnbia,~~(fi. A, Thesis, University of iiritish Columbia, 1973). Ruwley asserts that the Indians* auiakle attitude towards Suropeans was due, m part, to the Indian's desire for the "powerft especially in tbe supernaturdl sense, uhieu Europeans appeared to possess, She rornts to the massive conversion of 1ndiar.s by European clergy as a step in - the direction of the quest ror the "whitesan's power", She rtotes in her Tntroduztion that one reason given for a primitive people's conversion is that, "the Whites are"mow powerful, therefore it must be that their religion 1s more powerful, Let us (~ccepttheir religion and gain their power," (8

10 Hobin Fisher, Contact pqd mn~lict,pp.29-30,

11 Sutt l~s,'l_Post Contact Culture Changefit p.42,

13 Indian Agent W,H. Lomas reported Songhees concern regarding raijs. by northern Indians in H.H. Lomas to Superintendant of Indian Affairs, 30 April 1889, k,G, 10, Val-3688, File 13,886-1, UBCICL. C 4

Q I ,

\ 14 ilubert Fi. UR croft, describes theDSanghees' assistance wi;th the tort's c~ns\guction in, gistory of Brit~shColumbia, @an A Francisco: The History Company, 1,887c p. 99,' Banctoff tcites in- \ for-raation regardrng the pickets f roa Douc;lasls Journal, Ms,, 1.24-125, Stle Bancroft, p.98, fn, 11, \ \ 15 ---Ihid.

16 ACCOL-!~~~to Zrna Gunthsr the Kldllain Iron Kashinqton move$ to James Bay and assistnd with potdto pldnting. Erna .Gur,ther, "Kl~llilmEthcogrdphyfJ1 'JgixJs&ty of ida_~d~g~got &&&ications Anthro~ologyI (1927), e.1'79. ---a---

17 Doaqlas se~t"natives of Vietorla" uith the nail via "express, canoeu to Fort Astorla, where '~hdyalso pitied up mail forqort Victoria. Douglas to H.F. Tolmic, 13 August lb57, Country Lettertodk, p.171, PABC. . .

aunt of thc possible villaqc .~iteslocated on the Znncr- Harbour 15 descriwii in chapter One, FF. 12-17.

23 gill-Tout's account agrees with Finlayson's report. For a Bore detailed explanation see Cha~terOne, pg. 12-17, d

24 ?roSlems wxth water sup~ly%ere ~ntimated-in the correspondence contaihed in "Docunents relating to John Ashws claiWAs, PARC. Also, the rocky terrain uas of concern to numerous Indian Agents. F~sexample, I, W, Powell to J, A,qacdonald, Sup~rintendentGeneral of +Indian Affziirs, 14 Sept. 1880, R.G.10, Voluae 3688, File 13,36h-1, CBCICL.. ',

26 According to Duff's informants the land Douglas surv&ed for the South Saanich, was also part of the Songhees t.erritory,

27 Ibid., p.11. *-

2 9 Duff , p. 50, /i

30 Duff paints to the ethnographic inaccuracies\'of the agreemeqnts in "The Fort Victoria Treaties," pp.52-53. , * 31 See Fisher, Contact 2nd conflict, yp.1 13-114.

32 J. DOU~L~&to E. a, Lyt ton, 9 February 1859, [COO 305/10] , PARC; also in R.7,. 10; Vol. 3606, File 7959, USCICE, * - 33 J.S. tie lack^^ dnd Jd$es Y; tes, 25 January 1059 in British --Coluqkia ---- L -Mi-nutes ---- of ttc Council of TgngcuEg Jsland, fucjuat 30,

.G 3851 - P~kruary 9th 1861 , Archives of British ,Columbia, Eemoir No. 11 (victoria\ William Cullen, 1918)- (Hereafter cited ,as B.C. --Mi nu t

3' J. 3ougLak to @he spe.iter of tk ilouie; 5 Feqruary 1859, (CO. 3C5/10) , PAbC. \ \ 35 Wilson Duff thou'pht that the sale 'occurrea in late 1854 or 1 early 1855. Thls coincided with Douglas1 ve.rbal approval of leasi6 portions of ,the reserve, Perhaps he obtained the 'approval from the S~hgheesfor the sale and ledsing of thelr lands together. dhen 'Songhees elders spoke of 7fLeaslng11of their lands they consistcnt.$.y licked it with "sale*' oZ their lands. This is jocu~cnte.3in Chapter Four, fc. 61, b2; 63- - , +- \ 36 Yin~~fes,of the cound$l of Vancouver Island, 25 ?larch 1,859, (GO. 305/10) , ?ADC. - I \ I \

37 2- A. GI I young toe Capt. W. Irving, 17 July 1862, E-G, 10, Black Series, Yol. 3718," File 22, 500-2, /' 38 At a 3gr,d Meeting held 29 April 11395 ~~~t-dlthlstated "when \ did 1 see 25r in cash for all the lands hnd lots which I agreed) that the qovernment sho'uld sell and rent for us.'' Also at the same meeting Joe Etience stated, "our fathers made arrangements xith the Government for lease and disposal of soae of our lands and always to13 us tha.t we had money in the Gank.l1 Lomas to Superintendent General of Indian Affairs, 29 Apri11895, fi,d, 10, Vol. 3949, File 126,0f?4, UBCICL.

39 Yenorandurn composed by B,V, Pearse, 4 September 1572, R,G, 10, Vol- 3608; Pile 3102, UBCZCL,

d ' 40 ---Ibid.

4' 41 ---Ibid.

42 A.E. Kennedy, Yemorandum 17 flay 1864, Colonial ~orfespondence, File. 8 bO/l5, PABC; also in Financial Summary, Songhees Indian Reserve (1859-1864) R.G, 10, Vol,. 3728, File 22,560- 28, UBCICL,

43 hi?. Pearse, 4 S-; 1872, . to, Black Series, Vol. 3608, File 3102, UBEICL.

44 A,C. Garrett to W,A,G, Young, the. Colonial Secretary, 24 Woveraher 18b0, Colonial Corres~ondence, Filne 634/2, PABC. Also A,C-, Garrett to Jac8 Douglas, 26 July 18bf), CoAoniaJ File PABC, Correspon depce, -634/l, 0 4 4s "A.c. Garrett to W.A.G. Younj, Colonial Secretary, 27 November 186 1, Cdlonial Correspondence, File 634/2, PABC-

46 LC. Garrett t Young, Colonial Secretary, 10 January 1862, Colonial Corr€s~ondence,File 6394, PABC, .

*7 Ibbd. *- 1 w=.

48 Stateinent of 1'9onies, .Colonial Correspondence, File 634/2, P AB C.

49 J. Tru tch to the Colonial Secretary, 30 December 1869, Contained in the Herala Strpet Collection, Box 37, I/199, PABC ; also printed in the Colonist, -17 June 1909, p, 2, - .

50 BIW* Pearse reeaarandurtl, 4 Septcrabef 1872, R.G. 10; Bdl, 3b08,

File 3102, OBCICL. 0 -. 5 - 51 J. Trutch t.0 the Colonial Secretary, 30 December -1869, Herald Street Collection, Box 3-7, I/199, PABC; Also print"e in, the ------Colonist, 17 June 1909, p: 2, - Ea- "2 BIN, Pearse memorandum, 4 September 1872, R-G, 10; Black Series, Vol, 3608, File 3102, UBCICL.. s3 List of leases on Songhees Reserve, ?5 November 1901, 3.G- 1.0, Vol. 3688, File 13666-2, UBCICL,

54 Fisher, Contact pnrlict, p, 172. The' Federal-provincial Debate on the Terms for the Songhees " - Relocation, 1871-1911 . . . -

I

. iftec 3r&sh Coluetia joined Coofe3eration Indian. Affairs - bec~mea federal rezponsiblli tp, The Songhees Indians alorg with dl1 Indians in the province becaiuc wards of the dcminion

-government, Atte~ptsto relocate the Songhees Indian reserve

I C lead to a' jurisdictional dispute tetveen .the federal and

brovincyal governments itle to the sorighees reserve, regardinY 4 @ The case of the Songhees reserve was just one of the runrerous 7 bat tlegrjunds in the f~deral-~rcvincialwar over Indian land in

British Columbia, An exaniratio~of' the protract€$ debate be-

tvee~the governments is necessary in order to understand the

# Songhees resistance,

Despite repeated challenges from the province, the federal

government maintained that title to the Songhees reserve

belo'nged to the dominicn. Department of Indian Affairs officials

also insisted on a free hand to negotiate the Sorighees *

relocat ion. The federal government stood f irrn despite the ', ', a provincial governaent9s insistence on the Songhees removal, and

< on it^ reversionary clam to $he reserveas titlq. The impasse - - -

between the governmerits regardirg the Songhees reserve was fi------nallp resolved in 7911. The, terms agreed to represent& a

ccmpromise in w'hich each government moved frcm its origi1ia.l psiti-. Tke govfmwnts* cor~rffmisecoimzided with a Songhees -- - A agreement to surrender the reserve, thus co~cludingthe

locgstandicg S cnghees reserve question, --. From 187.1 until 1895, interest_.iTn the reiocation of the t _- - cd 6' - > Son7hees removal stemmed primarily tron a concern for the nega-

tive effect that the city had on thea. Liquor and prostitution.

.1 ccm bined uith noEerccs occarrancQs of violence were cited as

reasons why the SongCees should be aoved, 1 The relocation of the

Songhees was also considered desirable because -of thg barren

4 - - ter~ainof the city resefve.2 9he" Suprintendent of Indian

Affairs for Sritish Columbia, ~E.fi.Powell, noted' that the f

, Songheee reserve was rocky and lacked water. Re proposed hove

to 3 more asable tract of land. Powell believed ?hat an

agriculturally bas~aeconomy would improve the quality of the

SorigAqes lives.. Powell proposed va rims alternate sites, but

the Songhees wefe not interested in IROV&~, * he only relocation attempt which nearly-succeeded mcerred

in 1880, Joseph Trutch; acting as Dominion Agent in British

Columbia on r-ailway matters, end probablg wanting the land for

r;lated purposes. requested the Songhees removal. Trotch

gathered the signatures of those Songhees pillincg to move to r, Cadboro Bay.5 Soae Songnees were willing tor return to their

traditional village site, but the ma jorltfof the Songhees

- - - - ;'. refused+ tc move and the Band remained on its citp r~serve.6

on the port facility increased, requests for'the Songhees

B 6. a1 became mDre vociferous and frequent,' In 1837 the ,city, L 8 through the Lieutena~tGovernor, petitioned theAfe?.ekal .

,' jov ernment for a relocation agrermenL TT!le'ADepartment-of Indian t

Aff2irs responded positively to the request, h he reserve was

evaluated and a propos&I agre'eaent was dwun ~i?. The Department i dlso s~licited'theSonyhees for thei2 oplnioa regarding the -

suggested relocation. Rhen the Sonyhees Here unavailable for J ,. .. .. negoflations because they were away picking hops, the

;.J .9 negotia t.i&ns. collapsed.9

Ir! 1895 the .prcvince once+ agaiil took the inltiativ~.

Spurred by numerous iaquirles in the Legisla tlve Assembly

regarding the status of the reserve, the Executive Council of

British Columbia presented a reFort to T. 3ayne Dal y, > ~u~crintehdentGeneral of 1kdisn Affairs, lo The Council proposed

.a plan to Dove the Songhees "•’&on the temptations and , .- +-. demoralizing ipfluences of a -large city to d iaore appropilate

location, an4 at the sane tiae to phce the land upon which they d

now reside at the dis~osalof the gzovincial Government in order

that it may be more' suitablj occbpied."ll ~lso,terms were

recommended for the settlenent of the Songhees question, The

D Council's report was seminal for ~t explained the province's

claim to the title of the Songhees reserve and, at the sane

time, offered 3 rationale for 9 claim to reversionary title to

all reserves in the province, ", -. According to the report, reversi-onary title was vested in

9 the province on the basis of certain points of. law. The Sonyhees .

%. %. Vera exclud~plr'on holding title to the reserve as the Kosampsom - - - 4 ------treaty wh

simpleu to them,'-but merely "reservedff this site fpr their i use.12 The r5~ortargued that article thirteen of tkLe Terms of

Union whicf. stated that, Itthe trusteeship and management of the

lands reserved for their useLand benefit shall be assurn~dby the

d~mirniongovernmentf113, did nct (3rant' the dominion acy right to

title. 'vihile clause thirteen emphasized the role of the federal

government as trustee of the Indiacs, titfe to the reserves was - ,

not allotted, hut rather the reserves set aside for Indians were

for their I9ssetbonly as long as they needed or populated the

land, It was argued that lands not being "usedIi by Icdians then 5 '\ reverted to the province. This re\versionary' right was guaranteed; the report claimed, ic the the terms for the 1876

Joint Cobmission cn Indian Und, when the,- two govrrii&nts, in an

atte~ptto deter~inereserve size and locatior, agreed that

reserves no longer in use by Indians reverted to the province, 14

A third argument for provincial claim to reserw title-vhs->he

J - - - assertion that subsection five cr section twenty-nine of the

Eritish North ~mbricaAct assigned to the provinces the manage- -. iae~tand sale af ~ublllcland telocgicg to the province. A--- According to the EX~CU~~QPCouncil's report, the titfe to the

Sonqhees reserve was rested ir: the province by the Crown and

heid in trust for tbe use o~,theSoocjhees by the dominion, The

report stated that ig the 2omin1on government re3eased its right

to nanage the reserve, then tha province could act to salve the The report concluded with sccj~esteEterms tc be offered the

Songhees, includin7 their relocation on approximately 950 acres,

some with waterfrontage, in ~etcliosi~!.This Ian2 was to be jiven . b J "in trustn to the Sonyhees and title to the new reserve was to

he retained by the Erovrrce, The report sodgested that , compensatior, be paid for im~rovemerttsand rects collected for

the leases be dgplled to the purchase of livestock, iaplorn~nts

and a neu" school, Zhe terms made provision for the fjonghees uho ? were steadily crtplcyed in the city. Lots koula be purchased at

Poch Bay, so that tSese Indians could build Rev homes close to

their uork. 16

CI The Xxecutive Council's coalpre hensive terms were designed

to satisf p the Sagbees-acd to secure a provincial claim tr., the

title tc their reserve. The resort placed the Songhees reserve

q ue stion withi.n the f ramevort of British ColnaL!ia* s reversionary .,

claim to all Indian reserve-s in the province, By denying that

the ~osara-~omtreaty extinyuishcd aboriginal title to +he area,

the province uas able to consider the Sonyhees reserve In the

sape class as all otiler reserves. The reversionary claim was a

stuiabling block for both of the governments, but especially for

8

, the federal government. The province's claam to rev~rsionaryti- '.*- I tle impeded the dominion's ability to aanage the reserves in .

British Coluabia, 1f' the province acquired title to the reserve

cjovernraent was blocked fron acruing fun4s through leasing 'L proyrams. As long ss both governments claimed title neither could galn access to the Indlan Aand, While the province was

d reluctant to grant lands to the Indians it Gas qukck to reclaim unused llnas. The [email protected] attitude rdgardinq Indian 1 d land was an impediment to a-satisfactory solutioI", to the Indian land question,

* The Teport of the Executive Council embodied a claim which . e favoured the province rather than the.- federal government regarding Tndian- rezerve owners hi^. The tede ral govern~ent,~t$ I trustee, assumed conversly that it heid title to the land for + 1 the benefit of the Indians, The disagreement over Indian land I n was one aspect of the ongolny disdyreelcent between the province and the dominion, regard'ing the intorpzetation of the jurisdicticn of powers as set o~ltin the British North Amerlca 2

Act and the ~eriisof Union.17 --. - A•’ter receiving the Executive Counci Lqs rePo& the Deputy

Superintenfient of Indian Affairs, Eizyter fieed, requested legal - advice-le TI Bray, a lawyer acting on behalf of the federal - * government submitted an opinion rhich sontradict~dthe '7 losition taken by %he Britlsh C'clumbia Executive Councll. 19 According to

Bray, the dominion rather than the provinoe retaiceil title to the Songhees reserve. Brny argue3 that Indian reserves in

British Colu~biahad been set aside for Indians' use in different ways acd that reserves could be cfa4sified according to the particular method by uhicir dhe land ras alloteb. &ay classifie3 the Songhees reserve along with all other reserves i , I

% - -- P-.. d *.. allotted through treat ies-20 He arjaed that the ScfigheeS' reserve *" * was -in a ~peciilclass because cf the tredty these Indians had

L Y ugh James Douglas aitd the Hudson's Bay Company. Me

8 C supportel! this position with the ~vidence,that the Joint .

a ~omhiiss~onon 1kiian Lands in ~ritishcoluhbia alss submitted I a - - thdt the Sunghees Indian reserve wa's in a speclB.1 class over - - I - 8 '

which t h~ Cotaaissioa had i;'o jurislictioa, 21 Hhm r~postinqto & Dalby, Hayter Feed reisjutlcjerl trhc! provin e? s int~rpretationof the - 4 9 -

iss;ues at stake, dnd thought that, if it acted at this tine, the '

%

dominion govern KIP nt could solve the ~roS4emor reversionary 4

naly did not take Fieed's'advice, but sujgested' that action

1 4 on the,Songhees question be pcstponed until the Supreme .Court --- had ruled on the I odlan reserve case23 1h this &set ' ' n the federal governmen t was challehged by- the province regarding \ its righ&t& lease a section of the Nanainlo reserve,fer c6a2' - mining, The Brltish Columbia gove'rnment based its challenge on . s'ec tion '1 3 of the Terms or' Union. - Tne province he.ld that if-the d i Iridians were not using tho land then ite became the property of the people of 3titish Colurntia. The federal government, which

considergd itself- "to be the trustee of the' 1-udians, believed it

was acting in this ca~acity,kken administering reserve lacds. . . Cepartment leasing . The of lndlan, Affairs held that sections of 1

the reserve was part of their administrative responsibilities, Ir Follouirq Dalp-*srrecommendatLon, further action ori the Songhees

reserve questiop-sas ~ostponed.24 4

d h . .

J . Q After a pear, the Uritlsh ~oluiobia.government trrednnce: - - ,- t -

, ' again to solve the Sonqhees reserv? quest?on, The- ExecutFve

C council reccusended 'the form tion o•’ flspecial conmission.u2s

& Daly agreed on the condition thdt tbe .agreemext not prejudice

the d~~iniongovernmcnt's,claim to other reserves in the , - F province, and ,that the titie off the yet to be determined k Sopgheez '~eserve, be convejred to the dominion ns "trustee of the

govprnment' s re2resentative an the Coamissio n, "7 The provincial I governm6nt appaln tgd Dennis Reginald Harris, a Ldwyer who

I +. praktised' 'ic Victorid, To speed u~ a settlement, the province I agrbed to convey the title to the new Songhees reserve to the

dominioc, The ~rovincialgovernmect - - aaintained its claim to the e ------I : . reversionary rights to the city r,eserve, and agreed that the

settlement uould nct prejudice the future status of reserves in $"-. Pritish Coluwbia. This deal enbbd ied cornpro.i;e by ho'th i1 . . goverements, but the federal governwnt reinainec hekitant.28

s t S3on after hie appointment ia I8%, Superinttndent General

-of Indian Affairs, Hucjh Macdpnald 29, reported to the Lieutenant '1< Governor of British ,Colurobia, E, Deudney that the comm"ision's

i terzg re7arding title were deficient. He pointed out, that the

existing reserve's real estate value das greater thar? that pf

-A -. the proposed. new reserve. On the basis of this gbservation, Q 3ac9onald suggesten that the chmmission decide upon a just \

for 'the Songtees for iinprov~iaentst~ their land, 30 flhe federal government had pushed t%e province too far.

Clerk to the Executive Cou.ncil, Janes Bak~rinformed the ne#

* / Prime pinister, Vilfri-d Laurler that, ii the '~ritishColumbia 4 Government was required to Fay a "cash indgmnity in additio!~to

0 -- the land, there uould be an end to the aatter."s~ Nevly .

app~intedSuperintendent General of Indian Affairs, Cliftord

i ! Sifton, advised the Deputy Hipistcr, Reed, to. stall- this issue

, L and that. of the rbvision of 3 11 cIndian resebves in ~ritisk. 6 Coluabia. Sifton also asked Seed ir the ~onjheeshad agreed to

rnovo,Zz Reed informed Sifton that, "the question-of r~movAl6as

.- cot yet been formally submitted to tKe Songhees.*'33, Yhile the - ~ \ governffi6nts we're debating the committeelts objectives$, neither I I

~2 - parfy had consulted the naians thqrsel(ves. The Songhees rere /L ' .- 110 t ask ed w ther they would withdrau their oppositi~nex~rqssed

a pear and a half eariier. \ \ \ i '\ In February, 1897 Sifton rkstdted the federal government's A

Q position regarding the terms of the proposed connisslon. 34 The . I ~roviincialgovernment refused again tc pay conyensation to the

Z

domi-nior, and &~eSdnghees, WKile Britisha Columbia hdd agreed ', compensate the Songhees- for improvc5ments on ,the cld reserve i 1395, ik continued to, refuse'a supplehentary payment to thk

w 0 \ federal 3ove&ment. Baker explaloed that the' ~rovincial -. , government bslieved that the reserve's rdal estat$e value was

tro ' wancillory the transaction of th'e sellocatian of the* Ind itin~.~~'Sile stated that, "the value af the p~esentSonghes- . - ' Peserve has. teen created by causes-eotirgly independent of the

I =. \ - sdd Ind-ians dnd in spite of thelr customs, hebits and

C ,n~ocatioos,'~3~Baker did reconmend that the ccmmission ~~oceed L. \ , with the question of the Sonjhces ~ieserv&von the hasis of the

governmesta' limit~dagreement,

In an attempt to solve the imbnsse Sifton and Premier

Turner appointed J.A.J. fi6~ennato negotiate wlth a

repbesentative of the British Columbia Government, rega.rding the

scope of the ill-fated 'commission, 3? flcKenna nade several

proposals, uut failed to gain 'in accord between the two

governments, 38 I I 5 While in Victoria, HcKenna also ine t with the Songh~es,Ju' He

Ilearned that the Songhces mistrusted those who approached them I - - - - - 0 reghrrling their -land. In fact, Che Songhees refused to discuss

the issue with ilcKeflnd until the government paid then for, their - - leases and for the Esquinalt and Nanaimo ailw way right of

McKenna tried to gain the Songhees* trust, Be asced Premier

9 Turner t~ supply a bond foc the aeuont owed to the Spnyhees as a

sign of jood faith.41 Turner refusej, arguing that such a

. i provision was not the prbvince' s responsibility- 42 Having

. exhaust.ed numerous posslhle solutions*3, HcKenna left Eritish ,,

* 1

A ' Columbia frustrated and convinced that further negotiations

+ would ?cove fruitless.**

At the turn of the century, the federal government showed a . * , ' limited interest in the Sooghees reserve gucstron even though a series of entreaties for action passed over the desks of

.r>ep&trnent of Indian Affairs officials. In 1898, the Victoria

/' - Perhaps it was tke pressure of the various grsuys, ccatbined I B

with the electlon of a new Premier in British C~lu~$iathat *

pronpted Sitton to in3estigate the matter. He was probably

surprised to find a cancilidtory attitude on the part \f the neu i \ I \' 'I ! J leayer the province, James Duqsmulr, on the question:of the B\ \ \ Sonyhei.~reserve. As the son of Robert Dunsmuir and heir of the

- J Esq-uimalt and Yanaimo Railwdv, ~a-rnssDunsnurls pers?nal \ interests rntqht have accounted f;r his amenable position '\ , c \ regnrrlinj the reversionary claio~of the federal gavernmpnt. $he. r Esq uimalt and Yar~aiino Railuay possesssd a right of way on the!,

son jheps reserve and Dunsmuir uas i~~erestedin adding terminaq - , "\ f>cilitics. . . \

In d series of meetings with Sif ton, Dunsmuir ~ro?oseda \ a \ 8 settlement nilereby the doininion governmect surrecdere:? \\ reversionary rights to nineteen acres occupi~dby the Ycquimalt and Manairno Failway, and twenty-five dcres taken by the \, - Fsquimalt and %"L igflower Koilds.s3 Ttlis left approxinately '* sixty-six acres*reverting to the federdl goverriment. Dunsmeir . I pro~osedthat the province provide a new resarve for the

Songhe~s. Be also suggested that the federal government apply

the monies from the sale or the reserve to Sonqhees'

rehabilitation. Surplus money va to be given to the province. i Finally the title to the new reserve was to ke granted to the

P federal government-. sr In return for a gift of twenty-five acres

to the city and nineteen acres for himself, Dunsmuir waved the

reversionary cla'im of_-the zrovince to the Songhees reserve as b vell as to the new reserve site, T%e"rev~rsiortaryrights to both. 7

of these loc3tiocs had been claimed by .the province during

After corsulting. with his Departmental advisors,sb Sifton . . t in ormed Dunsmuir that the federal government agree3 to the g ti? ms proposed by the province.57 The federal government was

\ anxious to negotiate aAsettlemSnt which recognized not only its

revqrsionar'y claim to the Songhees city reserve but also to the

'-new reserve, Though the forty-f our acres' granted Dlinsmuir and , - Ithe inonicipafity- were the most val.ita%le sections of the reserve it was a small price to pay for a federal victory on the

reversionary rights to the Songhees reserve-58 According to the

terms proposed by Dunsnuir only the Songkees would be the

I losers, They would lose the revenue from the sale of valuable,

seqments of lands granted to Du~smuirand the city by the

federal government, when they should have received compensatio6

for all of the reserve.59

- -- pp Victoria city, not wanting its interest to be bypassed,

*r~mlnded Si5ton of its own needs. in addition .td the land allotted for roads, the city requested a portion of the reserve

for a park and a section of waterfront land for wpublic

whar~es.~~601nitia1 ly Sif ton agreed to the cityqs request but --..c shortly after he reneged, Sifton explained to city officials

-- that the land belonged to the Songbees and that the Department

-- dig not h3ve the right to ngive it away."bl This position +. +. contradicted the Depar tmentSs agr&went to the grants proposed by D~smuir.Sifteo argued that it appr~intatelyfay-f& & 1 ' acres uas granted to Dunsmuir and the provicce, the r>mainihg

land- was needed as the source of revenue for rehabilitating the

Son ghees. Since the most valuable sections had been saStracted

f roamtkie areserve and land values were. decreasing, the federal

government ref used to ,grant ddditional sections of the

reserve, 62

Being advised of the proposec? terms and sumuioned for an

qpinior! as to the feasibility of the proposal, Indian c

Superintendent far B~itishCelmbia, A,#, VuweLl Fnfuraffl Siftu~ - . L' - / that:

Prom what I have learned frcm an interview with Chief Cooper and one of the ~ostinfluential men In the Bacd, tha Indians at the present time are not favoured to the proposed removal. The Chief thinks it much better to put off ad2ressing the Band on the subject to 'some more

favourable time, 63 IIn \ Vow ell _reiterated that rths Songbees' concerrs regarding \ - - - '1

neg~tiating their resoval u&e the same aS they had been' in ,1891 *

and 189 5-64

i)es?ite the agreeaent betireen Dunsmuir and Sifton,

\I settlement was postponed until the fall because of the I - \ oppositi~nof the Soaghees-65 The Soaghees refused to be the i only losers in a deal involving their land, In Noveaber 1901,

Vowell tried again to arrange terms for relocation but was

inf omed that msk Secybes were away huntisg or fishing,6b- - -- - , I

In the followi~qyea& inquiries were made by a local - ', --

Yember of Parlianent, Geo2ge Riley, regarcding the status of the ',! Songhees reserve question,67 Re wak inf ormeil by thP ~e~artment deadlocked. Despite repested inquiries the impasse continued

I through 3902 and 1903,~thenin 1904 interest in the reserve

- . resurfaced once again, z

Froin 1904 to 1907 ~roposaisand coon ter proposals were .

exchangeci between Victoria and Ottawa. An impatient ton€

pervaded the corres~ondence, which in some cases became 4 vkpdictive and coercive in content.68 City officials demanded PC S action at any cost.69 The Songhees, it was argued, 'must be C fern& with or-#with& their consenfmw+oT+w issue of the

%~onghees*valuable real estate became entangled in the web of

city politics. Local p81iticians blamed each other f2r the "sadw

' state of affairs.71 EVPR the local newspapers, accused each -

other of obstructing a Songhees surrender and relocation, 72

Aaidslthe local colitickirg two groups were pcirticularly I,Y vocal in dentanding a solution, A newly appointed Civic Cornwittee ', ', was given a mandate by the city council to find a soiotion to 1 the pressing Sopghees issue.73 The Soard of Trade also' took up

the cause and petitioned the three levels of govercment to pass 7, the necessary legislation to remove the Songbees. ~hilefederal

officials acknowledged the corresl;ondence, the staleaate

continued. 74

Xn the spring of 1906 a new mayor was elected to the ------I v - .Victoria City iZonncilt In his mayoralty carepaign, A, ~o'rley,

proaised to settle the longstanding Songhees Reserve question.7s * Borley appointed a coamitteo to d~aP up teras far the Songhees' surrefider. The comaittee, cmpris~daf 3. 5tPrt Yates,. Levis

and A. a ' Rill, ~Gas !Jouylas, not only dirised five point F proposal for the Songhees8 removal but also gained permission from the provincial gcvernment to negotiate oh its behalf vith

% the Songhees.76 The r~versionaryinterest in~ the proposed ?ark land and railway terminill on me reserve uas transferred .from the province to the city-77

florley zuickly met confidentially uith Chief Xichael Cooper and agreed upon a neu reserve on tne Saanich Peninsula. Horley believed that paklicity would hisder aegotiationz with the

Sorghees, 7s Though Cooper agreed to'the new reserve's location, he inf ~rned;lorley that the Songhees ilould not consi3er iurther negotiations until tbe federal governmect cleared its debt with the BantL79 To facilitate negoti3tions, ~01leyrequested that

the domiaion settle the debt.80 TJnsure o$ the irnpIications of this request, Frank Pedley, + the Eev ly-appointed Deputy Superintendent General of Indian

BffaQs, requested a summary-of documents relating to the

Songhees question.81 Pedley learced that while the D@pbrtnent had agreed to terms- negotiated in l3Ol,. the n6w terms proposed by the city digressed substantially *from this agree~ent.62 In particular, the reversionary rigtt of the dominion government

1+ acknowledged in 1901 by the province, was, not. considered in the

- - - - - neu ?eras. foreseeing a possible threat to the doninionis claim

------to the reversionary interest in the reserve, Pedley arranged to aeet vith the provincial an? municipal officials in Bictorja to negotiate +a settlement,83

Pedley conferre3 with fiayor Horley and other city

off lcials, He ex2ressed disapproval of the agreement between the

city and the province vhich granted the city Foyer to negotiate

directly with the Songilzes, Accoriing to Pefiley, this

arrlngement contravened the Indian Act and vas not legal.er

Pedley suggssted that the cnly course was 2or the ~epaktaentto

I settle vith the fnqians directly, 3cEride agreed to federal

participation and, to facilitate an agreement, he waived the

provincial claim t_o the reversiomry interest in the Ijonghees C

reserve. 85

The Premier was aiixicius for a speedy solution to the

~o~Reesrejerve ~uestion. The gavernaent uas under pressure from nume f oos groups tc conclude the deal, for those ipterested -\in the economic developaent of the city, it was becomlnj ciear that Vkctoria voald need mjor renovati~~sto itz waterfront if

was going tc coa~etewith ~arcouver*~port facility.. The

n:;hees ~ernainedan iapediment to harbour d&velopent.S6

Afiditional concern was expressed by the inhabitants of Victoria

rest, The reserve was a distdsteful incofivenlence for those

force3 to bypass it uhea travellicg to and froui the city.87 The b konghee& rebrve had to be relocated to allow the arealganation v of Victor*ia vest with the rest of the city, This compromise po-

sition> was incongruent vith previous stands of the province and

,. - -still preaature, for the province, like the .federal government, misbderstood the Songhees position,

'\ qaviny negoti%te3 pro~~ncial'&o-o~erat~o~i,Pedley was now \ in a pqsition to talk to the SongLees. Se 'net with Chiet Nichael \ Cooper &o informed ti. that the Songhees refesed to move. Not

discouraged, Pedley held a meeting with t4e\ Songh~esBand; Be

offered them fifteeri thous3nd dollars, a new\ reserve, and cash .' '. for the assessed vqlue of improvements on 'the'dd reserve,* This

\ \ money was for uous~soil the new reserve, The Songbees refused \ this offer, and'also a second offer in which ~edleyincreased

\ +he cash payment oy fi~ethousand dollars, The Songhees -=.

countered wifh a proposal of 82,000 paid to each family and a

new Reserve at Cadlioro Ray, at the location cf their ancient

village site. 89

The cash payment reynested mas more than twice the amount

offered, This sun was not an obstacle, hut when Pedley tried to

-4 obtain tke Cadboro Eay site, owners, the Hudsongs Bay '" F Company ref used to sell.a9 He secured an adjacent section in- t stead, but the Songhees would not consider any other location.

1 - . Talks broke off and- Pedley returned to Ottawa-90 In n ewspape.r

''h accounts of these negotiations Pedleygs tactics in dealing wiW

the Sonqhees were, criticized, 91 Re was accused of treating the

Son-jhees as incoras~tent, and of carrying on negotiat-ions ir? _a

demeanins manner. Pedley xas descr'ibed as an outsirler and

insensitive to the history of the issue.92

- - - - - Throughout the ne~otiationsthe role of the municiFal

government was an irepbrtant catalyst in bringing the two sides tr C h a (d E a, -4 .ri .rCI -4 aaaa u UGGU ldHrdrd IC m .C C, 0, aJ aJ V1 "a krtc,rn +ma k2. provincial Attnri!?y General ansi proposeq that tl?e question of 1 I I reversionary claim to the Songhees arid other reserves be I 1 consi4e~3with tke question of aboriginal title Ly the Privl 1

Council.q6 Gv'hile the 8'ttornry General of the province might have C

been amenable to such d prop~sal,Bc~ri?e certainly was not, He I rejccte2 Laurierls Froposal for settling iborigiridl title along

with revarsionary claims, A lthouijh YcBride had ha&-i 'pressured 1 I fros the turn of the Cathy by Indians throuqho~rk~ritish'

~oluahinto negotiate aboriglnai title, he refuse:i to address

the issue of I~dianl&nd cldims, 97 Scari.de explained his pcsi- 1 tion in the following draft of a letter tc Laurier-

4 deter~inatiantherefore of these questiors favourable to ttls coctertion a3vanced on behalf of the Indians woald affect the title to all the iand 03 the mainland of Zritish Columbia and more than half of the land situated on Y3nchver Island, and would' have a st disastrous effect on our financral standing and%unlA jeopardize the vsry lar~esums oc money already invested in iris province by Snglisn and other investors. I think you will agree vxth me that this is too serious a aatter to fie submitte4 to the determination of / any court, however competect from a legal point of view. In ether words! the consideratrons involved in this aatter dre polrtical consrCeratlons add not legal ques- tion. It is a question of ~clicyand not of legal rights, The Government of arltish Columbia theref ore / cannot agree to submit to a determination even by t'hc Privy Council a question ~ollcyof such importance. 98

YcSridels views regarding a'bo title reflect an attitude .

tovard Icdians an3 Indian land claxn?, held by nugerous residents

of Eritish Coluabia at the turn of the century.

Bhile 9c%ri.de uas aanoeuvering with Laurier regarding

Tnaian tF€le h? took' %lieSonijhees reserve qgesticn into his own

han3s.99 YcBride, Haycr aorley, and Dallas Helmr=ken met with

& u ow% a OO+ -4 + 9 4 ad r a k.U E . a mcn- c aw+,+r/

4' F-i ..UER "a, .rd m cu T' -1 2 J I a a '4-4 % lu

'tl .rl h I or(l-4 0 Q ~-r 0, m m RJ -4 dam -@ma 0 'JI I? 04 5 3 cl- A (d a, Lq d 0'.4 d UY c '4-4 (rj rr, a oadaw C~U~OU 4 (U o.~LRv](oQ~@('rdUCII(d C .d b F !4 -4 8 aa,(dd3-d~+ 0, W P h @ a rl cb8F:~)s trl 4~ a, n u! o m 0 o I. >I+ m ~arna,crus 4 UI sr"4wt0r3~o M 4,w r( G-dkd hhLIdlC:CL- pa# U-t+Uld Cab O, UU(d Q, c:d A .d €3 r 1 muaa , a Q .a clcoa~AJ o a' ow~,urcc~ Q)~,UCI-~~UV,BAQ,~I)UbUUUCC:9* M wcor-ra V) riOFiDV1 d in J @ # rc C 0 $0- m 0 P . 9 P 0 Y w 3 0tht+m3 0, w Y w cb --rm t r;, e --cl'Z Lh a mart otnai•÷-r(Om h*fDr+b\ P o rr D ,r: a Oh=I-OP,PI 0 ELa n, 10 .ct- TI P, p!uu,cPJ3 x rA OIIP, cnmg u1rrr- PO. OQq El .Eu E orto 0-G r+ ItrtT3r*o 'J,OCOG Pa G n . Q nl r W rt *w C 0 * ..I ..I o try3 3 n PI ul ; NM'". 1 rt w * t- ZOOEDJ Car+ 'TY @ o ~c1.i-i w.03 021. rn 3 r.9 government passed legislation allowing the Songhees faailies to

receive the cash payment dirhctly arid the Songhees agreed to

surrende; the reszrve.

The province allocated land for d park on the old reserve

sits in response to the incessant r2presentatlons to the

- B '1 proviocial and f2deral governments by the city council, Thz

res ldenta, au nicipai otficials, ancj ccinme rcially irtteresttxl

parties were delighted .that a removal vas finally negotiated,

The reserve in the core of the city, hdving strategic waterfront

and possessing 'vital transportation Links, vas finally available

for development,

The protracted detate between the govex.-nments over the

Songhees reserve points to the comrnunicatioa probiens officials

encountere?, when attempting to solve the Sor~gh~esreserve cjues-

tion h particular, and the 1ndian land question in general- A ,,I- long drstaoce, a time lgdand a high turnover of iudividtsals,

. combined with the differences in interpxtation ot' the Terms or'

Union an3 the British Ncrth America Act ca'used slou, tedious and ;p confronts tion s tylo negotiations, S oix? of the problem with

comnunications grev out of the strained relations which had

typified federal-proviccial exchanges from the mohent the

's~oiltchild cf confederation8, became part of Canac?a. Inspite,

of the comaunicatico grobleas the governments were able to agree

to term on three separate pccaq$ons, In 190)-,' 1906 and 1907 the

-' province and rhe dcrrinion agreeit ta terms far the Song-h-ees

removal, Yowever in each of these instances, wher the Songhees were- asked to s~rreadertheir- ~eservethey =fused to tomider -a move. Despite the governments~.agreement, the Songhees refusal

L delayed the relocation plans. '

- the Songhees resistance combined with tha* cf numerous

Indian Tands, who also occupied urbar: land id other Canadian cit ies, ag~rauatedgovernment officials, who wanted the land for devGlcpment. 123 Departmect of Indiaxl affairs officials were .'told that Indians situated in grooirg cities stood in the nay of progress, 124 It -became clear that urkan. development could no lander he kpedeb by I~diangroups like tzk Surrghees, To guarantee this, winutes after the Songhees Bill /sed,was the '

House of Commons passed Section 49A of the Indian Act which pro- vided for the outright expropnation of Indian6reserves situated in or adjacent to a tonn.125 An issue like the Songhees reserve question would not frustrate the aunicipal, provincial, and federal governments for close tc half a century. 1 I. R. hoveil, ~u~erintsndeut'of Indian Affairs for Bri tis'n Colu~biato J, A. YacAonald, Superintendect General of Inaian Affairs, 8 October 1883, ii,G.13, Vol. 3598,* File 13,086-1, UBCICL. II? response to outbursts Of violence, Powell appointed a reserve constable, powell to Macdonald, 30 November 1982, P-G.10, Vol. 3686, File 13,886-1, UBCICL,

2 Powell to Macdonald, 26 May 1879, R.G.10, Vol, 368S, File 13,386- 1, UBCICL.

3 Powell to Macdonald, 2b fidy 1879, R.G.IO, Vol. 3688, Tile 13,386- I, UBCICL,

4 A map depicting alternate sites is cont-ained ia, Powell to Vankoughnet, no date lEFt, F.S.10, Vol, 3688, File 13,3f?6-1, UBC ICL. -*

5 ~diell,to Yacdonald, 7 February 1881, R.G.10, BlJk Series, Vol. 3688, File 13,886-1, UBCICL- Also Ms, F52/805, PABC,

pvidenee of Trutch's involve!nent is indicated in correspondence between Powell and the Department of InZian Affairs, For example, Powell to Yacdonald, 10 ,June 1881, 2-c. 19, Vol, 3688, File 13,886-1, UBCI~~.

7 In 1825, dea3nd f~rthe Sdnghees reserve was particularly intense, The ~~rovlncdlgovernment wished to cor~structimmigrant sheas on the reserve. Powell to Vankoughnet, SO Cctober 1885, F-G.10, Vol. 3589, File 13,896-2, LJBCICL. The city, ai~icgto amalgamate the vestern section with the rest of the capital, requested that the Lieutenant Governor negotiate the Songhees reaoval, committee of the Ccmncil to Lieutenact Governor, 2 February 1891, R.G-ID, Vol. 3688, File 13,886-2, UECTCL,

8 Vank~n7hnetto Powell, 7 Yarch 1891, B.G. 13, Vol- 3688, File 13,386-2, iJBCICL. e 9 Powell to Vankoughnet, 7 Septeixber 1891, G.G.10, Vol, 3668,

File 13,8!6-2, UBCICL -

10 Britia C~hunkLa~xecuti~e Cr;udf 3qm1L suImikteh, 8 .UDA - 1895, in bi,eutenant Governor, E. ilewdneg to toe T, Eayne Daly, Superintendent General of Indim Affairs, LG.10, Vol, 3688, . File 13,886-2, OBCICL. {hereafter cited as Executive Report, 1895) This report was o'utlined in the Colonist, 9 Rarch 1895, p. .rlW cy 0 owe0 a ,a0cU k+' L1 Q4G O)V]pI a) uLJrrO)g% d.tlv]d 01 arm UWQ 9 ~WCWZl +idc, OTI a, L4CO.+Ja, rdcl Llrl ldvi I+ .a h0 VIEMUM 4HO 0 c, aJ ow U BI (0 aV]Q(LO)hr LIua U u .rl sl4.d

a;a,.rl a 3a cia, 0 rod -6: w -4 w c, WO a) U-l .Q 'W

wu u *AQ,+JW N 4J LI.r(r 28 ?,G. Prior to Peed, 10 Gone, 1896, 8.G- 10, .V31.3698, Fife 13,886-2, UBCICL.

h 29 Hagh Yac9onald served only o2e year as Superintenjent General' of Indian Affairs, See G.E. Shankel, "The Development 3f Indian Land Policy,: p.331, li! 30 ilac3onald to Aberdeen also to Lieutenant Governor of aritish Columkia, 2, Dewdney, 3 July, 1896, R-G.10, Vol. 3688, rib 13, a-2, UBCICL. %!

31 Baker quoted in a letter from Reed to Siftor!, 19 September, 1896. r.G.10, Vol, 3688, file 13,885-2, UBCICL,

32 Sifton to Reed, 11 December, 1936, F.G-10, Vol. 3688, File 13,886-2, LJBCICL.

I 33 3yed to Sifton , 30 Decewer, 189b, P.S.10, Vol. 3688, File 73,896-2, UBCICL. *

34 Sifton to'hberdeen, forwarded to Dewdney, 15 February, 1897, F-G, 10, Vol, 3b83, File 13,886-2, UXIC~.

35 tiaker to Sifton, 15 fiarch, 1697, 3-G.10, Vol. 3689, pile l3,8A6- 2, USCICL,

37 Sif tcrt to Governor General, 5 July 1397, R.G. 10, Vo1.3688, File 13,886-2, OBCICL, b

38 ?IcKenEa to Siftan; 25 September, 1897. Sumnary report of negotiaticns t3 relccate the Scnghees, R,G, 10, Vo1.3688, file 13,886- 2, UBCICL.

39 sbig.

1 40 Xbid- The payment to the Souqhees by the Railway had been deferred pending the decisicn in the Supreme Court regarding the revisionary ri'yhts cf tho province as laid out in the Nanainio

I Coal Case, If the Supreme Court ruled in favcur cf British Columbia, then the monies OM by tBe Esquimalt and Nanaimo Eailvay Company were payabxnot to the Songhees, but to the . province. As already noted, there is no record of this cask. T.here is also no record of pay~~rtto the Songhees. See ' Sonjhees' Trust Fund Account frcm 1854 to 1912, R.Gw?O, Trust Pund Ledgers, Vols. 5916-5943, PAC.

* 41 YcKenoa to Pfemier J. Turner, 2 ,September 1897, R.G. 10, Vol. 3683, File 13,986-2, UECICL-

4 42 Turner to XcKenna, 22 September 1897, R.G,IO, ~ol,3688, ~ile ' ' 13,386-2, UECICL, - 43 ScKenna tried to counter the province1 s position with tuo further amendments to the terms for the surrender, but neither of these were acceptable to Turner. flcKenna tc Turner 18 - September and 25 September, 1397, E.G. 10, Vol, 3688, File i3,~3-2, YacIcL. .Je .- 44 3cKnnna to Sifton, 25 September, 1397, R.G, lo, Vcl, 3688, File 13,896-2, UBCICL,

45 ti. J. 3owler, dunicipal Clerk to R,W. Scott, Secretary of Stafe, 23 ?larch 1898, fi-G.10, Vol. 3688, File 13,886-2, UBCICL,

46 Ibid. * - 47 f3ritish Columbia. Yinutes of the Executive Council forwarded to Sifton, 5 Bay 1898. R,G, 10, Vol, 3688, File 13,8@9 2, IJaCICL, 4B Siftor1 to Aberrleer,, 27 June 1893 forwarded to T.2. E, HcInnes,

' F.G-13, Yol. 3588, File 13,886-2, UBCICL, + -

49 Colon&=, 23 April 7898, p, 4.

51 T. Sorby, Presiderit or the Harbour Board to Sifton, 4 Deceaber 1899, R.G.10, Vol. 3658, File 13,886-3, UBCICL,

53 ?remicr J, Dunsmoir to Siftorr 1901, E.S.1C Vol, 3€eP, File 13,886-3, BBCf CL.

56 ZcKenna submitted ab positive response to J. A, Smart, Deputy Su~erintendent General of Indian Affairs, 3 April 1901, R-G- 10, Vol, 3688, File 13,886-3, UBCICL,

57 The Aggreement was announced in th~Province, 11 April 1901, p- 1 *

58 Ibid,

59 A.W. Vowel1 to Siftcn, 23 April, 1931. R-G. 10, Vol, 3683, File 13,986-2, UBCICL. In response to a request for his opinion of the terms, Vowell explained to Sifton that the acres granted to Dunsmuir and the city were the mdst valuable ones on tle reserve, L

60 J.H. Qowler flunlcipil Clerk to C, Sifton, 24 April 1901, R.G,10, Vol. 3688, File 13,886-3, UBCfCL. 61 Sifton ta ~yart,7 Jure- 1301, 8.5-13, Yol,~ 3633, File 73,886- 3, 35CICL.

3 Vowell to Sifton, 23 April 1501, R.G.10, Vol, 3689, Pile 13, 896-3, USCTCL. e4 Ibid.

67 3.1)- ScLean to G, Riley, :.I.?., 4 June 1902, ~rl.~.13, Vol, 3689, Pile 13,886-3, UBCICL. +

68 Exa~piesof this correspon3ence are: SorSy to G, Sutherland, 16 January 1904; G.9, Sarnard, kyor af Victoria to Slft.on, 20 January 1905. 5.2-10, YoL.3685, 7i1? 13,~3€?-2, UPCICL, ti

69 The stale~atfic ne?otiatiocs gave rise to a noverneat to enfr3nchise the Songhe~sand to alloy rndividual Indians to sell portions of the reserve. A kill was drafted oy d, Orr in 1904., , This draft was passed through the chann~lsof dkpartment officials and fouarded to the Deputy Yinister of Justic~,F.L. ,Yewconbe, in 1309, lhouqh Newcornbe amended the bill substantially it was not forwarded to the House of Commons, nadated and containsd in DeFU ty Superintendent General of Indian Bfixirs correspon3ence in 1904, R.G-10, Vol. 3658, File 13,886- 3, USCICL. 9 70 3arnard to Sifton, 20 January 1305- R.S. 10, Frol, 3688, File 13,886- 3, OBCICL.

71 ----AVictoria ---Daily xfggs, 1 February 1907, p.4,

7' pis,

73 Report on the Progress of the Civic Comaittee on the Songhees Reserve, Colonist, 16 Deeeraher 1904, p. 3.

74 Dowler to Secretary 'of State, 6 February 1905.~ R.G.10, Vol, 3688, File 13,386-3, UBC'CL-

7s ------Victoria ---Daily Timgz, 10 April 1906, p. 1,

16 3orley to Premier R: ElcBride, LL narch 1906, R.G. 10, Vol,

3688, Pile 13,886-3, UPCICL. P

77 '~carideto ilorley, 23 larch 1906, R.G. 10, Vol, 3688, File 13,886- 3, LTECICL, 7e Yorley t3 McBcid*, contagned in summary of correspondence f rorr: IlcBride to Vowell, Saperindendect of \I dian Affairs of British Columbia, 11 Bay 1906, FOG, 10, Vol, 3688, File 13,886-3,

79 Ibid.

80 Yorley to W, Te~yleman, Einister of Inland Revenue, 12 June 1906, 3,C.10, 01. 3688, File 13,866-,3, UBCICL, \ 81 J. BcLeaa, Secretary to the Deputy Superintendent General' of Indlari Affairs to Peddly, Deputy Superintendent General of Indian Affaics, 21 June 1906, E,G,10, Vol. 3688, File 13,886-3, . IJBCICL. 1

83 F, pedley, to Secretary 20 Deputy superintendent General of Indian Affairs, 31 July i40b, R.G.10, Vol, 3688, File 13,856-3, UBC ICL.

a* Summary report cf negotiations to relocate the SonJhees In PedLey to F. Oliver, S uperlntendent General ofr f ndian Bffairs, 17 Deceinber 1996, A,G,10, Vol, 3688, Pile 13,896-3, UBC'TCL.

"9 --Ibid.

90 Ibid.

91 Colonist, 6 ?lovemk%r 1906, p-5,

93 Vowel1 to Pedley, 11 Hay 1906. H.G.lO, Vol, 3683., File 13,886- 3, UBCICL.

94 YkBride to Oliver, 19 Septeiuber l$i)b. Ii.G.10, Vol. 3688, File 13,886-3, UBCICL.

9s acBride tq, Rilfrid Laurier, Prirce Winister, 12 bugust 1909, Sonqhees Reserve Pile, 293/0Y, PBX.

% ' 96 The implications of statements narle by Lanrier on his trip west--wer#2referred tc in comments made later that F- 0 t Laurierl s correspodnce 31th -toe Attorney General was referred tci3y Yci3ride irl ttiis draft letter, McBride to Ldurler,

98 A drat writtan lut not ,cant. McRride to Laurier, 19 Koveriiber " 1913. ?remisrts Papers, ,.9, 441, S9x 1$9 , PAX, *

99 Initially the negotiations were implemented in .3anuarlw 1910 by Price Sllin,json, Y.P., ad Ccmnissicn~rof Lands aacd Horks, K, Zoss, Preaier ;IcPride contir,ued the talks due to the pro1onr;ed absence of Ellingson, This was explained in hoss 'to Oliver, 3 Dece~ber1.310, Hss, 559-510, PABC.

130 x&ctorig gaily mes, 12 Ray 3910, p. 1.

01 ------Victoria ---Daily Times, 14 ?lay 1910, p. 1. Ctn tke front. page he Trrnes dcknowledcjed that it had been criticized for reporting acts itregarding the negotiations of the Sonyheas Indian re~r-~~v~.'~Also cn the first page was tne statemect, lta mornini; contemporary hss denied any neptiatiocs Gave taken placetf and that ItYelmcken ref used to commentli orr the issue. A "morning . 4contemporarytt refers to the golonist.

102 Eesolutian passed ky Victoria City Council, 16 May 1910, (Map Enclosed), 3. G, 10, Yol. 3690, File 13, HR6-4, UXICL, Also ---Victoria --9ail~ Tiines, 17 Flay 191C. p. 1.

103 Yorlny to Oliver, 19 Play 1910, i.,G,10, Vol, 3699, File -13,385-4, il3CICL. o* ah?. Copy of agreement be-twecn 8cbrl3e and the Songhees PIndians to !nave, 25 October 1910, 3,G,10, Vol, 3690, File 13,386-4, OBCICL.

105 xictogiq &h&p ZiTgg, 2b octobe~1910, p-1, I 1$6 J.S. Yatson's active role came to light through evidence subioitted by a provincial public acc9unts inquiry held in 1916.

107 Ditchburn to the Secretary to the Superintendent General of Indian Affairs, 27 October 1910, F.2.10, Vol, 3090, File 13",886-4, UBCICL- Irreqularit>os were denied in 30~sto Frack Clive~,3 Decenber 1910. Bss, 559-510, i?ABC,

108 Xc5ride to Oliver, (T~le~jram)2h October* j910, R. G. 10, Vol. 3690, File 13,286-4, UBCICL.

109 Both tke Cqlonlst and the Victpgig Qq&u Times wrote summaries of th~neqotiations describiog the long awaited vietory of the city and the province, Co&gnist, 5 October 1310 and ljctorip 26 October 1910, The event was considered rieuswortkLy on the ~ainlandas well, "Songhees Tribe to Sell "eserv~," uas reported in ganeouver World, 26 October 1913- Also, Ditchburn to Cllver, 29 October 1910, R.G, 10, 701, ril& 13,986-4, UBCICL. C1ii;pii)tf ct3ftta~~edin, R,G, 16, Val, File 13,386-4, UBCICL.

110 Oliver. to ?lc3rids, 28 Oct 1310, K-G.10, '401. 369.3, 1 3, 386- U, 3BCICL1 ill Cana??, geviseg Statutes, 1900- (Ottawa: King's "inter, 1906), Cha. 81, p, 1459.

112 &bid, p.1469,

11* Ellingsor, to Oliver, 3 Secenber 191i3. i'lss, 559-513, PRBG. 6 11s Pedley to Oliver, 3 January 1911, R.G.10, Vol- 3693, Flle 13,856-4, UBCICL,

117 Canada, gtat;teg of Can&&, 191 1, Vol;. 1-2, Sao. V; Chap, 24, $p- 225-227.

119 Ibid.

121 Ibid. J

123 P,li,F. Group, z& gistoriw Developdent of the Indian Act, p. 107,

124 ---Ibid.

125 Canada, Statutes of Canada, 191 1 Vols. 1-2, Geo-V, Chap, 14, pp. lE+ 189,

9 0 - - CHAP'f'eB PODR The Songhees Pos'tion47 on RelocatiP n, 1871-1910-

Setween 1971 an3 1913 the Socghees were approached on numzrous occdsibns to move their city reserve. Accorlinq tn the

Indian Act, 'thy Songhees agreemerit t~ a surrender was necessary to complete 3 relccation transaction, The Songhees consistently refuse1 to move from their reserve, They did cot want to take part in any Land negotiatioos until previous land agreements were concluded. Resides this longstanding grievance, the

Son3;hees ;iid not sant to leave the city because of tii~arneaities this location provided for the Band.

A: the advantdges of the location eroded, the Songhees resistance to aovs wavered, The Songhees eventually agreed to . move in 1910. They realized that fedaral and provincial government 3ff icials, commercidl interests and Victoria residents were determine:l tc rtloove them with or without their cons.?rt. The Sonqhees co~seritedto the move on certain terms, nanely a lar3e cash settlement, Despite the inood of urgency which prevailed, the governments set the tecms requested by the

Sonjhees. Through tkeir dctive role in land over a Lalf of a century, the Sonyhees were able to negotiate teras which in some measure reflected their own ceeds, The purposn of this cha~teris to examine the Songhees active role regarding relocation: to identify some of the reasons for their resistance to relocation as tiell as the conditions leading to

their final surrender,

The "Songhees positio nl* as described in.tiiis chapter is

tr derived from a cr>mSination of ethno,jraphic riata and 3epartment

of Indian Affairs records. Although these sources are, in a

sense, "second handM, if the1 are considered at the same time, & then they provide ixrsights into the history of the Songtiees po-

sit ion r3garding relocation. Evidence of the Sonjhees positioo

- contained in correspondence of lndian Agents writing to

Department officials, reflects the agent's view after ccnferring

wit-h the Chief or the Band council, 3iasention a;ao:lgst the

Song'nees was not always noted, therefore the use of the ahrase

l1Songbees position" is not meant to imply conslstent unanilnity

amongst the group kut rather refers to the 'majority of the

Sonjhees as represected by the Band's ChieL ard councillors,

The Songhees enj-~yeda numker of geographic, social and

economic amenities while living in the center of Victoria, The

geographical advantages were related to the Songhees i

relationship vith thelr environment, as it existed before Fort

Victoria was built in their territory. As explained in Chapter

one, th~Songhees reserve was not an oricjrnal viZlage site.1 The

Sonjhees moved rst to the edge of the fort and then in the mid

1950'~~uere r ed to the site across the harbour. Both of

these set tleme ccnstituted the largest amalgamation of

~on~heesir~ 3 permanent village. I The location bf the reserve on the harbour was in familiar -- territory tc m3ny of the 5onghees. for icstacce, the Swengwhung

,and the Kosampsoa grohps, wko uere associated with the T~ner

Farbour in Douglas's purchase agreements, Frotably knew the area

very well.? earl^ all ~on~heezwere well acquaioted with the

reserve siZe 3s it was situated enroute to the Gorqe where many TJ?\ of the Soncjhees cam~edin the summer,3 '? C The reserve was adjace~~tto a sacred site namcd Pallatsis. At this location new dancers' staffs were placed.. Pallatsis was

alsa a site uhere Scnghe~sleft the cradles of chil3rcn who had

"reached the valking stage to ensure then: long life."s Arother

familiar site near the reserve was the caQas root. bed west of

the inner reaches of Jaa2s Bay.6 Also ia cio'se'proxinity to the

reserve was a reefnetting site Fit Yacaulay Poirt, Though the

ownership of this site is not- known, it was located in Kosaiopsom

.h territory, and, probably faciliar to both .the 5 wenguhucg Aad the

Komsarnpsom families. 7

b The topography of the rsserve was open and rocky. The

supply of fresh water at this local? was lislited. ~Jnfavourable

geographical conditions appear to have perplexed the Indian

Agents more than the Songhees, ~eing'rockyand uncultivatable,

Lhe area was considered undesirable D y the Indian Superintendent

-J for British Columbia, I.%. Powell, who attempted to find ar.

arable site for the Baxd.8 Powellls attempts uere coxsistent

with tke fde~nlpolicy ai& at 4vilizieg fdiitftf W-tfewqh aft ,

emphasis on an agrarian livelihood. 9 Althou~hthe Songhees assisted Suropearis with the cultivation af potatc crops, the

agricultural activity on their cwc reserve was limited, The

Songh.ees di3 not sh3re Powell's desire for relooation to a

fertile reserve, 10

Notwithstanding the reserve's rugged terr3ia, it possessed , , other physical attributes which verr p=obably mare import&t to

the Songhces, The site had a protected area for heaching and

loading canoes. Evec though the outer shoreline was steep, there

were a nul~beraf favourable beaching sites, especially on the

inner reaches of the reserve's shore, 11 Since the Songhees

travelle4 almost entirely by canoe, a sheltered dockrng area ?as

an important consideration when chosing a 'village site. .J Reasona tle canoe -~ccessremained an issue in relocation

negoti3tions into the trectieth century-12

Not only did the city reserve site include a sheltered

shoreline, its t~rrainacd steel. outer coastline discourage3A -

raids by ,northern enemies. 13 Defense requirements had always fr been a consideratipn when choosing a village site.14 The inner

area of the harbour was guarded not only by the topography, hut

also by the resefveqs association with Victoria's own defense

system, 15 Although defense requirement S -became less important,

the Songhees continued to travel by can~e,mairing the protected

waterfront area favourable tor the 3roup. The considera+ior, of -

adv mtageous tjecgra ~hicconditions originated in the Songhees

. habitation and resource exploitation patte n prior to 1843. The

Songhees traditional intimate relationship with the inner hartour facilitated their ada y;ta tiah to this area.

6 The reserve's location'also allowed ~heSoaghees to

continue intertci~ocialreLatianstips. The Conghees

rnaintailwd traditionai patterns of intemarriage uith their

Coast Salish neighbours, Pouel'l indicated, . the importance of the

location of the Sunyhees reserve when he state? "th2 Sonyhees . -

Indrans were cot in favour af moving for ~ostof their friends fr

and relatives live in the Soutli~e~t."l6Although the So~yhees

int erma rried with their northern neijhboors, the Saanica and the .< .< -3 b Cowich,3n, as well .=is their southern neighbours the Klallam and

Sooke, it appears that the eaphasis of these relations was to

the south.17 Waether ttis emphasis existel? prior to European

in their territory is unclear.

after lb71, the Songliees did not peed to travel for

socialAteraction. Indian groups from the northern coast

continued to freqgent the Scnqhees reserve while tra3ing in

~ictzria.18 The peaceful cohabit-ation ot these groups indicated

changes in the social relationshi~sof the ~on~heesand the

northern Indians. Prior to the existeuce of tne fort, the

+ Songhees considered many of the northern Indian groups as

enemies. Eve3 after the fort was built, amalgamations of tho

northern Indians and Sonyhees were characterized by violence.

However, long before the turn of the century, violent outbursts

were on the decline, The Songhess initial adaptaaon to the

i presence of the northern Indians, points to ,scrae of the changes

in their intertribal relations resulting fGom the presence % the fort.19 - / B Q The ~roxiwktyof the reserve to Vic city was an

important economic benefit tor the Bsnd, and perhaps the most L important advantage of the location. The Songhees successful

ada2tation t~ the existence of Victoria's economy u~s , emlished in the early settleui~ntera. After 187c the - -

A- S$?s 33ees co-now co,?tinTsd t? be reldted to the cityas

economy.20 2ifferent members of the Band depended on this

economic relaticnship in different ways. Manp of the Songhees

e-.men were employed in numerous trades in the city. These 1 industrial pursuits ranged from stevedoring to rcad construc-

tion. 3ne Songhee's korked in a bakery, The Songbees women worked

as domestics and as laundry persons, The old people relie3 on

selling shell fish and salmon.21 The extent- to uhich the Songhees were involved in the city economy was emphasized on numerous occasions, Powell reported in db 1883 and 1884, that the Songhees uould not move to any remote

place because many of the Band memters were enployed in the

city.22 He noted again in 1886, that the Sonyhees refuse2 to

move because the jobs they held were in Victoria and they vanted

8 ?o be close to their place of ercployment. 23

The impsrtarce of the Songhees' employment in the city is

indicated by John S. Belmckea, Concerned about the possible

repercussions of a move,' he stated that gqthe Songhees have lived

so long in the proximity of the city, that I Qoutt very much

whether anyone could- Frove that it would benefit thew aateria'lly, + e to be removed."'2*+ Victoria city uas a source of livelihood fst

many Sonjhges, and Flelmcken was convinced of their sobsesuent .' . ? ,-,

dependence '6n the city economy. The. importance of the Scnqhees , '\ \>. - participatipn in the la~oureconomy -reiterated Sy the t '7 .

younger ef'acken,~in d 903: Dallas iiellec.ken noted that .the - +

majority of Songhees did not want to move-because they no longer .

could survive living otf the lard and that their occupations r i .- were in the clty.25 The adaptation of the Songhees economy was

D explained ty council member, Joe Etience, to Icdian Agent Lc~as:

"me are not as our fathers were, we live like whitemen - does-

the governrent want us to go back and live cc flsh 'and d@er."26

The Sc-nghees ccm~iaedthelr clty jobs with traditional > migrations. The najcrity of Songhees me; and w0me.n travelled in B - the summer to the Fraser Rixer. There they 'fished or worked in

canneries, Other Songhees, in search of employsrect frather than ,

traditional focdsources, travelled to Washi~gtonvfrerethey .

picked 'hops and berries.27 Rhile the Songhees were able to a,dapt their economy to incorporate opportudties for new wealth from - the city ecanony, they were able, at the sane time, to integrate

their migrations for food and employment,^

The geographic, social, and econornlc advantages of the

D reserve site, indicates the Songhees ~eluctanceto, leave the

city location. In a sense their reiaiionship with the

- - - - -p environment had changed, but it was no less important in the- * Songbees Iives, C-ertdlnpchanges 6aT-tairenpplace-dueA to thep presence of the European causing th emergence of a new and , f' b .3 { -

4

td renovated relaticnship with the env-ironment focused on. thelr

favourable association with the inner harbcpr. perhaps it was . this association that the Songhees described as their - d * - nattachmentn to the reserve. ~oweM"rdicated in his - -

' correspondence that ,the Songhees attachment to the eeqrve site 5 .was a aa jor stumbling block to any removal plans. He urota' that

the Songhees elders ex~ressedthe -view that th&y wers "to a man

t determiced not to vacate the Songhees reserve which was land

h'eld and -o&upied by 'their dorefathers trom time immemorial and .- than - consequently dearer to them anytbinga they cculd p0ssess-~~28, . They 4und it distressin$ tb be'Itasked so marig tines to leave

the reserve, after theiq first unqualified ref us21 to do so, 1929 /r The relocation issue, they said, uas causing "rauch grief and

disquietude among* the Band. l130 P A soyrce /of the udisquietudels in the band was a difference % \ of opinion regarding relocatiod' between the elders and the y~ung men. Powell notedjhe divisi~p~flrstin 1875 when he observed @ "'p J . 1 that the "young renw favoured a move to Cadboro Tke yo* ' e .- men were not as attached to'the 1nne.r Harbour site as the older

songbees sen. Powell felt confipnt that the young could be

4 - convinced of the advantages of relocating, whereas the clder men

needed an incentive. 23~211wrote, "a Fromise of certain %, ann witiesxor cash pay~en~sto the leading Rex? could,, ,be,, ,made r. Pow211 was agar of the division in the Band and that some - - of the Songhees prefered a site at Cadboro Bay. -Hhether this

divisior, was entirely based on age, or whether it also represLen-

ted a 4ivisioT in-the Band along family lines, is unclear2 The

> Chekonein fartily, who lived at Cadbo,ro Bay and the Swengvhung -- and Kosampsom families, who lived in the harbour prior to

con tact, might have preferred different village sites, Ir, 1881,

tuenty-six Songhees signed an dgreement t&move to Cadboro ' ", Flay. 33, This was not a substantial number of signatnres

consigering the one hundred and twenty-two signatures which

appeared on the "Fort Victoria Treatiesn, sigced in 1850.34

Though a minority favoured a move, a relocation did not occur.

. Despite some dissentign, the majority of the Songhees, led by

- d the elders, contvued to refuse relocation, On numerous

occasions their refusal uas att~ibut~edsolely to tha Songheesf

llattachmentJJ to the lace, "

Besides their confir~edallegiance to the site, the most

persistent condition cf the Songbees when negotiating was a

demand .for payment of ' past debts. Indian Agents, reporting the / "Songhees Positionw on rem?val, consistently referred to their 4 demand for the mbnies owe& them oy the government. Powell re-

peated in 1879 and 1880 that the Songhees vould not move until

the m-onies aved the= were paid.35 In subsequent attempts to * In 1894 Chief charleg Freezie referred to the origins of ,

" the Songbers demand for the money owed them, He allude? to the . - res?rv,e at Kosarnpsom which iias allotted to the Scnghees by James

Douglas, arid subsequently ,sold to' the governm~nt, The reserve

a appeared on ihc surveys mapped prior to 18g5. ~reeziestated in

I want. you ad1 tc look around .this school house and see what few of the old men vho rernember the sale and renting of cur reserve are still left Ijvlng - What benefit have they ever felt of the money held by the Government for us?37

/Another elder who remembered the land transaction spoke out at a v

Band meetjng in 1895, Joe Etienne stated that fathers ~ade.

arrangements with the Government for lease and disposal of some

of our lands always told us we had mdney in the bankww38 o * Spot-alth added, "when did I see twenty five cents in cash for

all the lands and lots which I ag'xeed that -the government should *. sell apd rent for us1',39 Clearly, -.the-Sonqhees elders wanted the reonep owed them by the government, Lontas- relayed the .el%ersa

views to his federal superior but, despite the Songhees posi-

tion, nothing was done to meet their demands,

#hen, in 1897, J,A,J, HcKenna negotiated with the Songhees w on behalf of the federal government, he also fcfund that the

goverrnentgs debt to the Songhees u6.s a stumbling block, He 2 argued that a gesture of good faith was required to facilitate a Ap neg&iations becarrsf of the lack cf trust on the partfithe --

songheeZs,+o 3cKenna ,suggested that a cash scm was necessary to

ameliorate Soajhees suspicions engend?ered by past dealings- with governmen't officials, + The money problem remained outstanding when A, Morely, the f

I % i. newly elected mayor of Victoria, attempted in 1906 to negotiate

a surrender and relocation, In his electoral cam~aign, florely

promised a successful resolution to the ~~~~on~hbes,reser%eques- - - 5 * tion." Ee was dissa~pointedby an obstinate refus on the part 7 P of the Chief flichael Cooper.41 Like HcKenna, Florely request&

funds from the ~rovincialgovernment,, This money, he explsidd,

, would improve relations between the parties and would facilitate ' , <

the successful campletion of the removal, Premier YcBride ' a - ref used Yorelpts ,request, apd in reaction the ~on~heesrefused to negotiate. **

Also in 1,90b, ' Frank Pedly, the Ueputy Superintendent

General of Indian Affairs, travelled west and opened a oegotir tions with the Songhees. In a series.-of meetings, p6dly

- debated -with the Songhees regarding a cash settlement, The

Songhees agreed ..to te rrns which inckuded a cash se ttleraent do"bld . the amount that Pedly had offered originally, combined with

-. thelr former village site at Cadbcro Bay.43 Much to Pedly's

chagrin, the Cadboro Bay site was not for sale and the deal

collapsed,

- The Songhees agreement to move on specified terms, in 1906,

was the first time they res~ondedpositively to relocation

negotiations. This agreement signalled a waiveriny in the ., c-'w * - Songhees resistance to the rove, An erosion of the conditions

motivating Songhees resistance began in the early

fl Ban:lls rationale for aoving was partly the rebult of thz

deterioration' in the geographic, social and 'econo~icagvantages r w of their city location. \\ v 11 though the reservE remained part of. familiar territdr*, - / t*by the turn of the twentieth century its physical settingland -, surrounding landsca~e-had chant3e.d considerably. The reserbrls

acfual size was reduced dramatically- A large lot was nwcated

for the federal maerine hospital, and three lots were leased to

' private paqties. '~hese'were r6znants of the 1880 leasing pro-

J gram.4* he major encroacheect- on the reserve was the result of

the expropriation of 6.9 acres by the Esqoirnalt and Nanaimo e Railway, and che Sozghees verewhat the Railway was '

- - petitioning the federal government for more land for rai1,way

facilities.45 These seytions of land csmbined with the areas * -

inhabite3 by visitiag Indians greatly reauced- .the size. of the

Songheec reserve, r

The Songhees position regarding e"ncr5ach~ent.on theilr land

A. crystaiized in 1885 when the ~rovincialjo'vernment attempted to --

build immigrant sheds on their reserve without the Band's - ... consent.. After a brief consultation with Mie Department of - i- .

Indian Affairs in Ottawa, 3. Trutch authorized cons+r?lction of

immrgrant b~ildin~s.46He failed, however, to gain the Songhens

approval, e7 Trutch underestimated the Songhees determination to - preserve the integrity of their reserve and proceeded with the

construction contract, Not until the lumber was delivered to the site, did the

Songhees learn of the ~or~struction- plan, A Songhees delegation A 6 immediately met with Powell, who reassured them that their

consent was necessary 'before acy land could 'be taken. Chief I Skomiax, reminde3 Powell of the agreement which the Sonjhees

made with James Dou~las. Skowiax stated that' the reservp was too

-- small dl~eady,and that the Spn-ghees did not want aoy more land

L taken from them, They felt that, the marine hospital and the

leases represented too auch usurption of thkir land:*n The

Songhees took the case to court, where a Judge decided in. their

favour, and the sh~dconstructicn was halted,49 v

The Songhees were successful on the immigrarit shed issue,

hut they were not as successful in preventing encroachment bys

railways-50 The Songhees o~,wsed the use of reserve land for the

Esquimalt and Nanaimo Railway, but unlike the case of the

2. immigrant shed-, the Songhees did not have a legal argument to

rely on to protect their reserve. 51 According to thl Indian Act, ( v a surrender was necessary for land taken outtp;lf)f a reserve but C-, railway development Gas excludefi from this condition, Therefore

while a Songhees surrender vas necessary for acquiring lacd for

the imrcijrant sheds it was not necessary for railway development

on the reserve.52

While fearful of further expropriation because-of their

, prime city locatro.n, the Songhees continued to ref use requests to lease sections of thweserve. They refused to grant any of , the reserve for 3 swiiminy ~oolor a park, despite the - possibility of their own enjoyment ~f these facilities.53 The

Son yhees also rejected proposals for wa terfroct' development

requested by the Harbour Board. *4 &J The Sonqhees resisted piecem~alencroachment on their I reserve, but by 1916 there were real fears of losing the whole

resesve through expropriation, The Esquimalt and Nanalmo Railway

% wanted to expand its facility, and the Canadian Paci5-i"~ Railway- * also desired sizeable tracts of land for a terminal.55 The

~on~heespast experieaces ult,h. overnment ilnd railway o fficials

alerted them 'to the possibility of the total expropriatiox? of

the reserve,

: Not only had the reserve .chdnged in physical dimensions, i but the surrounding 1anZscaFe was alsc transrormed. A po~ulous s port city' surrJunded the Scn~heesreserve, Victoria city had amalgamated with V-ictcriaHest, 3nd the reserve was situated in

the middle df this city, Industrial and resiilen'kial development

surrounaed the urban Eeeerve, 56

.. Traditional resource sites were lost to expandirtg

settlement. devastating food resource -d

restriction federal government began to con-

trol the fisheries, An rncreasing aumber or fishing regulations

slowly reduce3 the -Songhees catch,s7 Joe Etienne described the

effect of these reyufation,s on the Songkees when he reported,

"many now can only get fish to eat and now Qe are told we must

have permission to take fish, but may not sell any,"Sa After 1930,- some of the social dynamics of the Sand also onderwent change. Znternally the relocation issue .continued to

%, Elivide the Band, 59 In addition to these interaal. differences,

the songhees relaticns with the visiting northern Indians began

to deteriorate. Though thc strained relatious were not marked by

violence as in thpast, the Sonjhees resented t.he presence of

the visit-ing ~Indisns. They redlized that these Indians

contributed to the poor image of the Songbees in Victoria.

Camped in sake-shift dwellings, ;he northern indians lived ir, . . yc questionable sanitary conditlocs on the reserve, In T89Q the

squallor of the camp site was apparpnt an3 the Songhees --LJ

requested the removal of tho northern Indians- 60

After 1893, the Songhees were badly effected by th~

depressed economic conditions in Victoria city Zn particular,

and Xorth America ir: general. The .edonomicc recession yas partic- I ularly hard on the the sick and the elderly. At the Band's

spring meetings of 1894 and 4995, Songhees leaders expl3ined ,the

effect of the recession. ,Joe EtiennyNted that, "times have

been very bad in ,Victoria and nearly all ~f us who used to get

work in the town dannot now gst a dapts wor.ktUdl A slump in the

ecocomg combined with increased immigration made competition for

jobs intense. Indians were discrlminatea against by employers, -'--%especia y the municipality. George Chictlan stated, Hwhen we applv for work people tell us we do not pay taxes and so cannot / get work, as .all the public work is kept for the poor white men i just now, Not only were the Songhees of ton hired last but on - some occasions t ey were pard less. According to k-st

uhitquosum, "1 y-ould li~eto, see the young men saving something,

if it was only a dollar a week but re dc not get the same wages

as. whfte. men, not half as wuch."63

Tile Songhees reported that they-were impoverished arid

desperately in need of assistarice, iiith the loss of jobs

combined with depletlny food resources they requested that the

monies owed to them by the GovPrErnent be paid to therr on a P ,regular basis. They requested assistance again ir! 1895, and in

1997 Loinas described the Songhees as being in "the ~oorest

condition ever as they once were c.mpl'cyed on the wharves but now

white men are being hired fir~t.~6*iihile the Songhees city

b locale facilitated em~lopmentinitially, they were being

squeezed out of the labour force by gther sectors of 'the

population. At the turn oi the century, as Victoria lost

eqonoroic proruinence to thc burgeoning port of ~ancouver,

einploymcnt ?rohle~spersisted for the Songhees. While the

Sonrjhees continued their migrations to other places of

emrloyment the decline in their wcrk in the city created economic dif-i iculties, In the mi3st of the strarned economic conditions the electio~of ai new leader signalled changes in the ScngCees posi- / tion of resisting relocation. A change in leadership indicated a

break with values and attitudes previously,h~ldhy the leaders

of the Band, It was the Songhees elders.. who remelabered 'the leasing fiasco and refused to negotiate with the government. They were also the seywnt of the papulatioh who expressed an "attachmentft to the site, They remembered camping on the ~0r-g~an3 the existerice of the "old reger~e.~By 1894 only three of the €and couccilcrs remembered these tistofical -. roots and by 1<10 $11 of these mer? h3d died.65 a

Ir 1894 Eichael Cooper was elected Chief,-sb He'uas the first Snnghees leader to be elected according to the procedures outlined in the Indian Act, 47 Be was not related to 3ny past songhees Chlefs,68 his mother was a Songhees from San Juan

Island and his father was a Greek sailor.69 he spoke and nrote English. Despite competition frcn k'illie Jack, who claimed to be . the herditary successor to the chiefship, Cooper uon th~ election in 1894. He was reelected in 1897, despite another cnallenge from Jack. He resigned in 1902 because of a controversy rejarding a violent ourburst with another band , member, nevertheless he was reelected as "Chick for lifew in

wiliy jack opposed Cooper as Chief in every election, He lead a soall group who sup~octedhim as the hereditary Chief of the Band- Jack uas the son of Chief Charley Freezie and wTsullaceNand likely the great grandson of the legendary Chief

"King Free~y."~1Jack and his sup~ortersopposed a relocation,

This group believed that this land was the Band's from time

-- intraenorial and could not be sold.72 Jack was not only opposed to . . the relocation of the Songhees, he was concerned abont the

Indian land question in the province, In 1909 he joined other Chiefs in the Province entreating Premier flcBride to acknowledge

. Indian Land claims, He and Thomas James signed a petition which

stated that Indian title to the land in British ci&lunbia was

never extinguished. 73

J Jack and Cooper differed on tne relocat+ion issue and they

were also associated with different religious denominations.

Willie Jack's family were Met ho?ists, while Yichael Coopert s

were Fomdn Catholic. ?* Jackrs position regarding Indlan land

claims was consistent with the losture of oi6er Bethodist - Indians and missionaries at this time, 4";. Jack and the lldissentersn,as the Agent called them, were \ advised hy toe Yetbcdist minister Charles Tate, 76 who inforned

the songhees that they had a leqal right to stay on $he reserve

and--~tnttno one coi~ldforce them off. 7' Dallas Helmcken found -_ - -- -- ~~ --- P - - - this host distressicg a•’ter al~-F&-rokk@at had gone into the ------

refocati3n deal. Tate wanted to build d Yethodisk 'church on the - - - -

reserve, but Helmcken informed him that "the Band dirt not want a

second church at the new site,1' The dissenters were not

consulted, though they ~robahlywould have supported late's

request, '13 - Despite Jack's challenges, Cooper's power and influence was

n demonstrated in his numerous reelections as Chret, In the

Songbees society he possesed a new kind of wealth and a new kind

of power. He was f lnancially successful and he demonstrated 'nis

wealth, 963 possessed the largest and best furnished house on the f - reserve, 79 Cooperts power over the Songhees was extensive, On . * one occasion, when he learn4 or a vozan who o2posed his posl-

tion regarding relccation he delete4 her ha~eiron the hand

list, 2nd denied her right to ccilect papmerit when the aand sold

the reserve. 90

e3 Cooper also received a sal,-iry f roa the Department of Indian

Affairs for his services as a liaison person and as constable

for the 3and, When requesting an increase in salary fcr Cooper,

Dallas Helmcken poiated to Cuo~er's valuable assistance to the

local Indian Agent, Cooper acte'd as ail iaterinediary betveen the

---,Dep3rtment of Indian Affairs and other Indian groups. He was

influencial arnpngst these groups as well as the Songheec.81 .In p,x- - the spring prior to the relocatign deal, Belmcken wrote to Agent

I.A. Robertson, '$1 need hardly pcint OW to you the aaay reasons

which can be properly advdnced for giving the Chief an incredse

in salary and it seems to me that in view of tne conteaplated

?haagesf thereowould De grsater responsisilities on the Chief's

- - - .-shoulders than hitherto has Seen the case,, ,he [ Cooper] is L

consulted by af% the surrounding chiefs in aatters affecting

, their kelfare. Ifa2

Cooper resist~dreinoval thmqh. the 139C)'s and into the

twentieth ce-ntury, He requested that, the sum owed the Soiiyhees \ by the Esquimalt and Nanaimo Railway Be' paid. Cooper told Lomas

in 1895 that the Soncjhees vculd not be experiencing the grave

economic sitlratisn if this failway had paid them compensation

for land expropriated in 1886,ff3 Cooper coseplitined agdL~tie

1897, and in 1910 Dallas Celmcken learned that the railway still a oweJ the Songhees moneg.84 Cooper refused to negotiate a inove in -

I 190 1, 1906, 1937, and 1908 u~lessthe xoney owgd 'the Songhees

was ?aid, b While Bichael Cooper took a hard line regarding the

.. Son 3hees rercov31 he also acted in hrs own interests, At a pub'llc

accounts inquiry held in 1915 to investigate allegeJ ficancial

inconsistencies related to the Songhees removal, it was learned

that Cooper received several large sums of money besides the

310,000 granted each faniiy-8s Xhat he dia with the money was

unclear. According to a rc=port in thk Colo~ist,Cooper received a 13rge amount to pay the ne~bersof the band cooncil to stay in

town ,fgr the rblaration r:eyotiations. Evidently Cooper did not

pay the councillors, and it appears that he Kept the money. Hhen

the councillors learned of this travesty they verP very irrate,

When Cooper retcrn~c7fron, a fishing tnp, the councillors met

him or the shore of the tarlaur aud th-rough loud and angry

arguin~convinced Ccoper to pay them "$75 per head,ns6

Cooper also received an additional $28,0090.0087 through

the sale of the reserve.88 This was his salary for his work as

an 3rbitrator in the aeal. Hhether Cooper used this raoney to

influence the voting members of the band is not clear. At tthe

inquiry in an attem~tto clarify this, &he dzposits and

withdrawals of Coo~er'sbank account were investigated. Aowever,

this search did cot provide any information regardin? the

disperzseent & the mney pax& tcrecqier.%*Deputy rtini-st~rof

Justice, J. Dl Helean, a.lso requested that charges of Cooper's the Indian Agent noted that the aliegatians rejardlnj Cooper's

suspecte3 impropriety cane iron the dissenting faction m- the

Band, ad that as far as was known they cocld cot be verlfled-90 v # Neither the Departmen tcs in vesqgation or the public accounts I ~cquirywas able to substartiate any of of the allegaticns 1 , I reg~rdingcoo$erts behavior. ifhile justice of a sort was

adainistered by his owr? peers on thea'shore of the harbour,

Cooper.-was not found guilty of nisusiny the aoney he was paid

t 2hile Cooper appears to have actcd as the governmentas

a.3ent in the negotiations, at the same titee, he held out for

what his elders also considered iaportant. Cooper sought and ob-

t3ined an agreeable casL settle.o&t for lands previously sold.

" ' Though he received extra payaent for himself, it was not, uncommon for a chief to- receive financial recognition for -

liaison work. Such payment acknowledged the individual @ s status

and power, Though ~oo~er'a~~earsto have acted in his own

interests when negotiating tne aeal, in retrospect perhaps his

J decisions were timely. Cooper vas aware of growing iaphtience ;h over the location of the reserve, Ue was also auare of the .r -

possibility of the ex~~opriationof the reserve by the Canadian

Pacific Railway. His decision to neqotiate a deal and push for a

Songhees surrender ~erhapsenabled the Songhees to rece'ive a

------cash paysent rather than nothing, as might havb been the case if

they delayed their decision until the reserve was expropriated, 3y 1910,. the geographic, s-ocial and ecouoaic advantages of

the city locatico fcr Songhees had deteriorated, This, combined

b with the leadership of Cooper, who favoured reloc~ation'oncer-

1 terms, 3 their tain lead to 'formal surrender of city reserve, L &?hey accepted a cash sektlemect xor their land and moved to a

- new site ip Esquimalt, This locale possessed geographic, social , L L_ and economic advantages The new Songhees reserve was adjace

precon tact territorg claimed by the Ba~d. The reserve possessed

e z f ytotected uater,trontage and was accessible to t 9e areas to which the Songhees migrated. EmFlo~i!Ientexisted in a cancery and

sawmill and Esz~uimaltias linked to Victoria city by road. This

was an i~portantfactor for those Sorghees still employed in the

city as well as forPthose wishicg to buy and sellhgoods in I4

~ictoria.

Though the &h scrtlement accepted by the ~kqh-eesmight \ be judged insufficient 8by today's standards, it was vastly

0 gre3ter than any 'previous offer, The Songhees cash demands

necessitated the federal gavercaent to pass special legislation,

the Songhees Reserve Bill., to allow for direct payment of the

larje su~to individual ~on~heesfa~ilies,92 Tse legislation is

an exainpie of gcvernment response to the Songhees active role in

the negotiations for their city reserve, The Songhees active

participation lead to a deal which in some says represented

lands they had sold and leased, I - b 1 Despite the discrspancies betwben Boas, Hill-Tout, and Duff

?L segardi~gthe number an'd location of vitllage sites, this loca- tion was not-cited by any of the anthropologists as a village location. .See the map p,xv for village sites. - I 2 The Tcner Harbour was ass9ciatcd with both the Kosampscm and the swehbwhun~in the Treaties Letween the 'Sonqhees and James Doujlas. he. r,eserv&site, h:~u~ver,was vithin the Srennwhung territory accordlnq. to the tre-atp sig'neii with thi$ group, See, Hudson's Bay CoEpany. land ~Tfice,Yrctoria. Bedister of ' .Purchases grog hilLg&s i1950-5!3, (~d3: Wss. 772, File #I), PABC-

3 Duff, he fort Victoria 'Ireaties,ll pp 31i-36. Also see ihrpter One, pp. 14-16.

4" 3uff, p-42.

5 2f;id. '

>. 6 The 3vaila~il)ityof camas at this site after European , penetration into Songhees territory is nnclear, However, by the turn of the af tkie twentieth ce3tury the camas root supply was jrej t ly res,tricted, /-

' 7 See the map p.av. ~lso,the purchase agreeaent signed by the Kosampsom in, zgqister of Land gucrcses, PABC.

8' That the Songhzes were not nece,ssarilp interested in whether a site was arable or not 1s rointed out in, Powell ko lacdonald, 26 :lay 1879, 3.G. 10, Volume 3688. Ftle 13;8Rh-2, 3BCICL. r-

9 This policy originail? sp~liedto the Izdians and Netis of the

Northwest. It was tied to the aims of the Matlonal Policy.uhich F required the 'peaceful settlement of the west- P;R.E. Group. Indian and Eorthern Affairs, The Histori_c& Development -----Inc?ian --Act {Ottawa: Treaties ard Historical Res~archCentre, Department of Yortheru and Indian Affairs, 1978) , pp 73-77,

10 Powell to Macdonald, 34 September 1886, R,L 10, Volume 3688, File 13,886-1, UACICL, At this time the Priae Binister was also

the tlinister of the Interior, and acted as- the Su~rintendent General of InCian ~ffairs,~owellreiterated the difficulty of relocating the Songhees in this lengthy letter to his Superior,

11 The Songhees refuged to consider any alternate site which did

f' "a \ 108 - not ~oss~ssadequate dockinq facilities, The importance of a protected bay for canoes was described by Jalaes Dunsmuir in J, Dunsrouir to H, Floffat, Indian Office, Victoria, 4 Oetoher 1888, R.G. 10, Volume 3688, Yile 13,8t?b2t, UBCICL, Also Powell clescrihed nJacksonls landt1, %i site considered by the Songhees, as unsuitable, because there was "no place for. cacoes," Poweil to Bacdonald, 10 August 1687, FOG, 10, Volume 3688, Pile 13,886- 1, UBCICL.

12 ~fii&i . . A , 13 3unsmuir to Mof fat, Icaiar- Office, Victoria, 4 October 1888, 9.G. 13, Volume 3688, File 13,886-1, UBCICL,

15 British Columbia, Le?islative Co+os&oad pee Book , 21 June 1855, (Victoria: 3, 'doiiendofi, 1i3'56), -+

'6 Powell to 3acdonaid, 31 August 1980, X-G, 10, Volume 3658, File 13,668-1, UECICL,

17 See Chapter One, p.6,

18 The Coloni_st reported s ral skirmishe~and rrurders on the , Songbees reserve, Some Aof these were- due to the large numbers of -, northern Indians camping on tho reserve, John Woolsey described hostilities which might have existed in a fictional story entitled, "An Account of an Indian Battle at Victoria Harbour,

4 1859-" Mss, PABC. After 1871 there were fewer violent skirnishes on the reserve,

19 J.W. ?lacKay to Lomas, 16 January 1899, R.G. 10, 'Joluw 13.41, UDC TC L,

20 Powell's report in Department of Indian Affairs Annual Report, 1875, (Ottawa: Queen's Printer, 1876) ,pp, 44-50.

21 73~~11to Macdonald, 10 Awil 1886, R.G. 10, Volume 3668,

File 13,896-2, UBCICL, 1L

L 22 Powell to Hacdonald, 30 %ay 1883, R.G. 113, Volume 3588, Pile l3,*886- 1, UBCICL ?owell to ?Ilcdonald, 16 October 1884, R,G, ' 10, Volume 3688, File 13,886-1, UBCICL,

23 Powell to !lacdonala, 10 April 1886, R,G, 10, Volome 3488,

Pile 13,88b-2, UBCICL. - - t 24 J. S, He1 ncKen Correspondence Outward and Notes Regarding the Sonjhees 1ndian5: 7885-91, Is, PABC.

25 ilallas HelmckenA to 2.E. Robertson, 21 August 1903, R.G.- 10, Cow ichan Agency Records, Volume 1348, UBCICL, h 26 Jo;~Ztienoc in Loinas, II.4 Re~crtof 3 Heeting -of the Songhees Band," 4 Ray 1.994,. 8.G.. 10, Volue~e3688, file 13,886-7, 8BCICL. *

27 PI YcTiernan to Lomas, 26 August 1882, R.G, 10, Volume 3688, File 13,b96-1, USCICL. Also a reguest tor hops pickers gas sent to the Indian Agent in Victoria, (no date) 1884, R.G. 10, Cowlahan Agency Kecords, Voluae 133 1.

28 Yawell to L, ~an~ouShnet,Deguty Superintendent of Indian Affairs, 5 gay 1890, R.G. 10, Volune 3688, File 13,886-1, I1 BC ICL. . I

31 P~well'sreport in, Cepartment of Indian Aftairs P,nnnn_al --Pe~ort, ------1875 (0ttaua: -Queen's Printer, 1876) , pp- 44-50. -

32 Powell .to Ydcdazald, If ..August l.883, E-G, 10, Yvlume 3688, Fil? 13,886-7, UBCICL,

33 *+Agree111entto Move tc tadooro Bay1* 'R-G, 10, Volume 3686, File 13,886- 1, UBCICL. Also, Songhees Indjans, Pocueent: Agreement to Yove to Cadhoro Bay, 7 February 1881, B,cI PARC

34 This is the total number of signatures tor the Songhues , fa~ilygroups in IIlgLster g& &.aq gggchpsgz. 0c1y two of the sigrratur?~on the Cadboro Fay Agreement appar siailar ifi pronunciation to those on the treaties, 7 35 Powell to ldcdonald 15 April 1879,. R.G. 10, Yoluae 382, File ' 13,886-1, UBCICL. Alsc, Powdl to Hacdonald, 31 August 1880, R,G. 10, .~ol'ume 3688, File 13,386-1, UECICL-

& 36 20~~11to Macdonald, 14 September 1886, R.G. 10, Volurre 3688, "ile. 13,886-1, U3,CICL.

37 &atley Freezie in "Beport l894", R.G. 10, Volume 3688, File 13,996-1, [JBCICL.

38 Joe Etienne in *'Pfport 1804mt, E.G, 70, Volume 3688, File . 13, 886- 1, USCICL. 1

39 SpoY-alth in "i3e~ort189GH, R.G. 10, Volume 3668, File 4 13,886- 1, UBCICL.

40 3,A.J. McRenna to Premier JI Turner, 2 September 1897, R.G, , Volume 3688, File 13,886-2, UBCICL,

41 A.J. Morely to !?c3ride,, contaiced in a summary of correspondence from YcBride to Youell, 11 Play 1906, R.G. 10, Volume 3588, File 13,886-3, UBCICL. . . 43 7, Dedley, to F, gliver, 17 December 1906, H.G. 10, Volume 3683, File 13,886-3, UBCICL,

44 h memo 3escribioy the lards leased on the Sonqhees reserve in # Pedley to Crr, Lands and Tiffiber Erafich, 46 April 1907-, F.G, 10, Volume 3689, Pile 13,886-3, UBCICL, 6-

45 Canadd, Drders in Counci_l, P.C,'$S, Department of 1ndian Affairs Land Registry, 'X20987, Also ?iclean to ,V3welI, 14 Plarch, fi.S. 10, (no volume) , File 15,451, UBCICL,

46 Powell to W. Smithe, Pr~mier, 16 October 1885, E.G.lCI, Volume 371 3, FiLp 22,560-2, UECTCL.

47 i?ow;3.13 to Vankoujhn~t,20 Cctoker 1885, R., i;. 16, Volume 3718, File 22,56d-2, UI~CICL,

- 48 Ib$?_ -7 49 Drakf, Jackson & Zelmckeri, Solicitors, to Trutck, 4 Nov~mber ,1985, F.G. 10, Vo1urr;e 3718, Pile 22,560-2, UBCICL, ,

50 If is unclear whether the Songhees Tcdians agreed to allow the ?ailway construction on the reserve. They orposed the cou- structior, but it vent ahead anyway. Macdonald to12 Powell that the Indians vould LE compensated for expropriated land, but I have. sound no cvidence that this compensation uas ever paid to the Songhees, 'lacdonald to Powell,' 7 Decenber 1885, R,G. 10, Volune 3712, File 22,560-2, UBCILL,

51 r?uestlor,s regarding the right of the Esquimalt. and h'anaimo Sailway to expropriate part of the Songhees reserve were adr3resse.I by Dcuuty Pfinister or Justice, 3, Sedgewick. X. Sedjfwick to Vankouqhnet, 31 Jdnuary 1893, R.G. 10, Couichan Agency, Volume 1342, UBCICL, G 52 P.R.E.Group, Historical Devc+op@pt of the Iddian &$, p.44,

53 Fitness Instructor to Indiar* Agent, Victoria, April 1909, P.G. 10, Volumo >3689, File 1,3,58b-3, UBCICL.

& + 54 Victcria aoard of Trade. to Laurier, 15. February 1905, Premiersi iapers, #835, PARC.

55 The Esquiiitalt and Nanaimao Zailwap. pressed the federal govsrnment for more land on the Songhees, Reserve throughout the l89CI8s, The tirst hints of total expropriation occurred in 1894, A pro~osalfor exprop~iationuas put fdrward in the Legislative Asserebly and repqrted in the Colonist, 2 February 1894, Also, just prior to the Soaghees relocation, the victoria.^^ Times reported that there was a strong possibility of expropriation by 4 C . ,rla rv -4 Cn Cc a3 0) r . L2.d e .d h a -4 LJ r: PC (d u 4 3 I C 0 .+ a 3 -rl 3 . OX 4" LJ 4 0s "I r , N C;1 * ** n, 4Li Ry. ay - -(d, LJ'u 40 -om t'cr +t3 om U uv .d 4 Y 0 I or 0- .OW 'a a 4 4'2. +~ma;)) . F all.+ U- QJ 7; *a, .+.,, El & C) P.4 mIr a, h- &t, -r, I 00 UIl m aio sm~co am .+Jm 10 4 7 flC' 4- Ire -a 21.: , A vrl;cr c 0 .Ij 0 P 44 .rl 7J * & 5 'WL 00 d >=7- L; 4 a, * I,' 1-n C7 I- a bco Ink mr 271 $0-3-2, PAC. 0 74 ifCensu,r of the Scncjhees B~nd,On Songhees reserve, Yade Xoveaber 21-25, 1910," I?.;, 10, Volume 3690, File 13,866-4, VBC ICL,

75 This assxiatlon is elaborated in Clarence H, 901t8 "Thomas Crosby ar!? the Tsitpshiau or Port Simpscn, 1'374-1897,qi Y,A. Thesis, Simon 7raser University, 19'31.

76 Tdt~witnessed Jack's mother's tracsfer oi aer share of the ' ? ~aymentfor the reserve. 9rs, Ch. Freezie to the Indian Agent, 1

'I Yay 191 1, E.G. 10, Vol, 369d,*~ile 13,886-4, UBCICL.

77 D.Helmcken to 3ev.C- Tate, 27 ;larch 1.311, R.G.lg, 7fi1.734'3, d File 197, UBCICL.

79 Colonist, 14 April 1907, p-9.

80 Ciroline to her sister, 23 bccember 1907, forwarded by the Indian Agent, 3.2, 10, Vo1-1345, (no file) , 'JHCZCL. *

81 Y. Cooper to I.A. RoDertsom, 22 i?;&c:i 1910, E.G. 10, Cowichan .I Agpncy, Volume 1349, #127, UdCICL. \'

83 'lichael Cooper in "Hinutes 1895,f1 F,G. 10, voltine 3088, Plle

13,886- 1, UBC1CL.- '

84 Vow~flto Lomas, 19 3cce~berl8S8, P.G. 16, Cowichan Agency, Voluae 1341, UBCICL. Also, fielmcken to YcBri?e, 77 October 1910, . 18, Voluse 3688, Fils 13,PSh;-U, UBCICL.

8s Colonist, 17 Yarch 1916, 2.2.- \

R6 Victor& Daily Tines, 3 April 19 16, * 137 ,,-,Colonist8 22 Harch 1916,

89 victorja Daily !I5ggs, 21, i3arch 1316.

"9 ---Victoria ---Daily -,ITimes 6 April 1316. -

90 dclBan to-Di-tchburn, 28 July 191 1, H 10, Volume 3690, File - 13,986- 4, UDCICL.

91 Victori3 Dala_ll Times, 24 3arch 1916, p-7-

92 3liver to McBride, 4 November 1910, E.G. 10, Volume 3638, File 13,886-4, UBCICL, Conclusion

For the Sonrjhees Indiarik, ndture iri all its splendcur acd

adversity had a profound ef lect or, their world-vi ew and culture,

Their e~vircnmcnt,~specifically the la113 arid its resources, was

important-in the lives of the Sunyhees, The fundamental role of

the land in the songhe~slives intluenced thelr regotiations

\ regarding it. The Songheas idere anenable to the initiqland 3t deals hut subsequently actively resisted dttempts to

fro3 their city location. \

The Sanghees resistance resulted partly from their

suspici.on of -the goverpment's integrity in Ian2 nec;otiations, v The colonial government h2d prouised payment for the sale and

leasing of their land, kut tailed to fulfill the terms agreed

upon, iqhile relations between the '~uro~eansand the Songhees

--i ap?eared amicable during the eontact and early settlemefit era,

the songhe~sbecame suspicious and hostile toward the Europeans

regarding their lana,

The Sooghees rcsistsnce to relocation was also based upon

the advantaaes that the location cffered for the Band, The most

important of these uas the Songhees beneficial relationship with i c. the econoqy of the fort, and later with that of the city. The

So~gheeswere able to incorporate the advantages of employment

at the fort with their traditional migraticns for resources, aud

thus continued their interaction with the environment of

southeastern V~XOUV~E 1slaid. If they had ~t ~esistz-8

relocation the Songhees might nave been genoved in 1880, 1891, P. 1995,.- 1001, or on numerous occdsiocs between. 1931 and 1909,

la - It the turn of the.twentietb century, internal and external

conditions chadyed for the Songhees, causing them to reevaluate

t-h~irreas&s for resisting relccation. Under new leadership and

> -- facing very different economic conditions, the Soughees position

regardic~relocation began to waiver, As Fressure for their

removal mounted from residenta 1, commercial, municipal, and

governmeti t interest groups the Songhees considered a reioca tion.

Although there was dissention arcongst the Pancl members, the

majority agree?. to sucrendPr the reserve. The Songhees Chief,

fiichael Cooper, realized that expropriation of the reserve was

'I an impendlnj possibility. While the Songhees resisted as long as

they could, they surrendered their reserve for what they deemed

a reasonable cclsh settlement and a new reserve in a mutually

agreed uclon locatioa. This agreement was not one of sim~le corn2lian'ce with 4e fnnAs forced on them, The Songhees negotiated a settlement uhich in sone measure reflected their own needs, At

the same timG, tna governments responded, in part, to these

nee 3s.

For the federal and provincial ~overnmentsthe Songhees po-

sition was an impedin~ntto thz relocation trar~saction. The

governme~tsdebated terms for the Songhee s relocation for e

dec3des. The Songhees !were consulted when an agreeaent ketween

these governments was close at hand, According to the Indian Act 7 a Songbees surrender was a ne-ary step touaras rwmva3, fhe~ the Songhees refused tc even con-ider\ a move, the goveraments~ own hard pressed coirprcmises negotiated in 190 1, 1906, and 1907,

col lapsed. - The firal deal in 1910, like those previcusly arranged,

re?rese~lteila ccm~rcmise. The ~rovincialgovernrne~t uas willing

to reconsider its reversionary claia to the old and new reserve

becduss >f rnounting pressure f(~rtke Songhees feaovai. The

demand for the songheesk reservz was part of a province wide nee3

9 for land, Increased set.tlement and a growing resource based

economy aege f ~ctorswhich plabed'--, pressure on the land and

resources of the province, The Songhees, like many other Irdian

Bands were unable tc esczpe the asslult on tkir Land, During

the ?rovlncels develc~mentaljears at the turn of the century,

Indian land was expropriated and confiscated, and reserves were

relocatehr~dcut back in The Sonyhees reserve, located on

rriiae real estate in the capita3 city, was under attack from

numerous sources esy:ecially from those who wisiteci to revive the waning fdrtu@. s of the port of Victoria. The dominion insisted 'on debating the inter~retationof the

Terms of TJcion and th~British North America Act, and these

atteapts to preserve its own jurisdiction did n~t3ingto ~rotect

the British Columbia Indians from the assault on their land and

their rescurces, The Songhees relocation iz just one example

which testifies to thls, Tho federal government like the t provincial guverniuent was faced ulth mounting ptessure on +

reserves situated in close proximity to developing urban cer,ters. Department of Inaian Affairs officials were told that :h5 India~sstood in the uay of progress, To prervart further ccnfrontations, as exemplif i~d'by the case of the Songhees reserve, the federal govern~entamended the Indian Act so that a surrender was not rtecessary when a reserve was in the ray of a developing city. The Songhees aada n timely surrender bdfore the " passago at this legislation, hobever, the S~ngheesresistance to relocation, combined with that of many other Bands occupying . urban reserves in Canadiar, cities, ~recipitateda harsh response from the provincial and federal governments, The active role of the Songbees in their fand r.egotiations- is just one example of

Indians attempting to negotiate uith cjovernfwnts regarding their larid, A firm stand to protect their rights, by Bands such as the

B So'nqhees, unfortunately precipitated an even tirmer stand to erode those rights on the part or the federal governmeat, BIBLIOGRAPHY

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