Exhibit “I” to the Statement of Evidence of Marilyn Gabriel Chief of Kwantlen First Nation

326

Exhibit “I” to the Statement of Evidence of Marilyn Gabriel Chief of Kwantlen First Nation

327

Creation of Kwantlen Indian Reserves 1858-1930

Part I: Colonial Reserves 1858-1871

Illustration of Kwantlen village at McMillan Island with Fort Langley in the foreground, by J.M. Alden, 1858.

Prepared for Kwantlen First Nation

by

Cairn Crockford

DRAFT October 31 2010

328 Colonial Reserve Creation 1858 - 1871 Draft 31 October 2010

Table of Contents

Preface...... 1 Documents ...... 1 Note to Reader ...... 2 Introduction ...... 3 Douglas Reserves 1858-1864...... 4 Moody Reserves ...... 4 McMillan Island Reserve...... 5 Brownsville Reserves...... 10 Whonock Reserve ...... 17 Brew Reserves 1864...... 23 Whonock and Saamoquâ Reserves...... 26 Langley Reserve...... 27 Brownsville Reserves...... 30 MacMillan Island ...... 31 Trutch Reserves 1865-1869 ...... 34 Whonock Reserve ...... 45 Saamoquâ Reserve...... 50 Langley Reserve...... 51 Brownsville Reserves...... 55 Provincial Schedules of Indian Reserves 1871-1873...... 58

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Table of Figures

Figure 1: Summary of Colonial Reserves...... 3 Figure 2: View of Kwantlen village at McMillan Island with Fort Langley in the foreground, 1857 - 1862...... 5 Figure 3: Location of Derby townsite, Kanaka settlement, and Fort Langley, 1859-1860...... 6 Figure 4: Quaitlan Indian Village, opposite Fort Langley, 1859...... 7 Figure 5: Sketch of Survey of Lot 20 at mouth of Salmon River, September 1862...... 9 Figure 6: Townsite of New Westminster, Revenue Station and Royal Engineers’ Camp, 1859-1860...... 10 Figure 7: Plan of Revenue Station showing the location of Reserve assigned to Tsimele’nux, [ca. 1860]...... 13 Figure 8: Plan of Government Reserve depicting Quotlin and Tsimele’nux Villages 1861...... 15 Figure 9: Sketch illustrating location of Indian Houses on either side of former Revenue Station, 1861...... 15 Figure 10: Field Sketch illustrating boundaries of the Indian Reserve (Quotlin) on the eastern portion of the Government Reserve, April 1861...... 17 Figure 11: Map illustrating boundaries of Indian Reserve to be granted to "Kholasten" and "Scakhalan," Langley Indians, 26 June 1862...... 18 Figure 12: Public Notice regarding the Indian Reserve granted to "Kholasten" and "Scakhalan," Langley Indians, 30 June 1862...... 20 Figure 13: Whonock Reserve 1862, including potato lands (red lines added)...... 21 Figure 14: Portion of McColl Map 1864 illustrating boundaries of Who-nock and Saamoquâ Reserves...... 26 Figure 15: Depiction of Whonock Reserve as originally allocated 1862 and 1864 and reduced 1868...... 28 Figure 16: MacClure Field Map April 1864 illustrating boundaries of the Langley Indian Reserve...... 29 Figure 17: Maclure Plan of Langley Reserve, April 1864...... 30 Figure 18: Sketch map attached to pre-emption application of Charley Brew, December 1872...... 33 Figure 19: Portion of signature page from Petition, 24 May 1864...... 36 Figure 20: Gathering of Indians at New Westminster on the Queen's birthday, 1865...... 39 Figure 21: Portion of signature page from Petition of February 1867...... 41 Figure 22: Statement of the numbers of the Indian Tribes on the lower Fraser, November 1867...... 43 Figure 23: Launder's Plan of the reduced Wanak Reserve, December 1868...... 46 Figure 24: Plan showing pre-emption claims within approximate area of Saamoquâ Reserve, 1887...... 51 Figure 25: Portion of Plan of Township No. 12 illustrating boundary of Indian Reserve (No. 5)...... 53 Figure 26: Portion of Plan of Township 11, depicting McMillan Island Indian Reserve and village...... 54

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Figure 27: Sketch map illustrating boundaries of reconfigured Reserve, set apart for Tsimele'nux and family, 20 March 1868...... 56 Figure 28: Survey plan illustrating boundaries of the reconfigured Musqueam Indian Reserve, June 1868...... 57 Figure 29: Portion of Map of New Westminster District, ca. 1872...... 59

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Preface The purpose of this Report is to present an analysis of the history of Reserve allocations for the Kwantlen Nation. The research for the Report was undertaken as part of a larger project on Kwantlen history directed by Duncan McLaren.

The Report presents the history of Reserve allocations chronologically in two main sections: Part I, Colonial Reserves, presents the history of Reserve allocations during the Colonial Period, 1858-1871. This section describes the allocation by Governor James Douglas of four Kwantlen Reserves between 1858 and 1864, and the subsequent reduction of two of those Reserves by Chief Commission of Lands and Work, J.W. Trutch in 1868-1869.

Part II, Federal Reserves, presents the history of Reserve allocations in the period following Confederation in 1871 to the final transfer of Indian Reserves within the Railway Belt to the Department of Indian Affairs by Privy Council Order in Council 208 in 1930. The focus of Part II is on the Kwantlen Reserves allocated by Indian Reserve Commissioner G. M. Sproat in 1878.

Documents During the research undertaken for this Report more than 300 historic documents were collected that refer to Kwantlen Nation and their lands during the period from 1858 to 1930. These documents include correspondence, reports, maps, field notebooks and other material created by various government officials and their representatives. The documents also include correspondence, transcribed statements, petitions, and other material produced, in whole or in part, by members of the Kwantlen Nation.

The documents were compiled and are presented chronologically in two volumes. Documents referenced in this Report are identified within the associated footnote as to their location within these two volumes.

Document Volume I consists of documents generated during the Colonial Period, 1858- 1871. These documents come primarily from Colonial Government records held by BC Archives and the Surveyor General Branch of the Land Title and Survey Authority of British Columbia (LTSA), including: • correspondence, reports, and other documents held at BC Archives, and; • additional maps, field books and other documents held by the Land Title and Survey Authority of British Columbia

A complete list of Colonial Period documents is found within Document Volume I.

Document Volume II consists of documents generated subsequent to Confederation to 1930.

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These documents come primarily from Federal government records held by Library and Archives Canada (LAC), National Resources Canada (NRC), and the British Columbia Archives (BCA) including: • Department of Indian Affairs (DIA) documents relating to Reserve creation and administration, including available correspondence files of the Indian Reserve Commissioner and Indian Superintendent (1879-1910); Indian Agent, Indian Reserve Survey files, including correspondence; • Department of Indian Affairs files specific to the Royal Commission on Indian Affairs for the Province of British Columbia (RCIABC), also known as the McKenna McBride Commission; • Canada Land Surveys Records (CLSR), including field books and plans relating to Indian Reserve Commission surveys. • Department of the Interior, the federal body primarily responsible for the administration of Railway Belt lands;

A complete list of Federal Reserve documents is found within Document Volume II.

There are also several published and unpublished general summaries of the Colonial and Federal Reserve process which are referred to within the Report. Where warranted the relevant sections of these summaries are included within the appropriate Volume of documents.

Note to Reader For consistency, the spellings of Reserves throughout this Report follow those in common use, i.e. Langley, Whonock. The contemporary spellings of these names are maintained within quoted passages.

The Kwantlen Reserves allocated by the Colonial Government and by Indian Reserve Commissioner G.M. Sproat were not numbered until the production of the first Department of Indian Affairs Schedule of Indian Reserves in 1899-1900. Prior to that date, Kwantlen Reserves are referred to in this Report as they were generally known, with the current or former Reserve number in brackets: Whonock Reserve (No. 1); Stave River Reserves (No. 2, No. 3, and No. 4), “Old Langley” or Langley Reserve (No. 5); McMillan Island Reserve (No. 6); Cemetery Reserve (No. 7) and; Brownsville Reserve (No 8).

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Introduction No. Reserve Moody Brew Trutch Scheduled 1 Whonock allocated and gazetted enlarged reduced yes 1862 1864 resurveyed resurveyed 5 Langley allocated not no 1864 reduced surveyed 1864 6 McMillan allocated and gazette not no Island 1858-1862 reduced no record of survey located

8 New allocated 1861 allocated reduced yes Westminster surveyed resurveyed resurveyed

Figure 1: Summary of Colonial Reserves

British Columbia was formally proclaimed a Colony in November 1858. The purpose of this Report is to present the results of research into the history of Kwantlen Reserve allocations from 1858 to the period immediately following the entry of the Province of British Columbia into Confederation in 1871. A companion Report, Federal Reserves, outlines the history of the Kwantlen Reserves created during the Post-Confederation Period, 1871 - 1930.

Four Reserves were allocated to the Kwantlen during this period as summarized in Figure 1.

A complete listing of documents relating to the allocation of Kwantlen Colonial Reserves is found at Appendix A to this Report.

A brief, chronological listing of the key players within the Colonial, Federal and Provincial Departments involved with Kwantlen lands is appended for reference as Appendix B.

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Douglas Reserves 1858-1864 At the time of the establishment of the Colony of British Columbia, Governor Douglas had the authority to set apart land as reserved for Government purposes, which included Indian Reserves. Reserve allocations were overseen by the Chief Commissioner of Lands for the Colony on instructions from the Governor, either directly or through the office of the Colonial Secretary.

Four Reserves were allocated to the Kwantlen Nation during the administration of Governor James Douglas; these Reserves are generally referred to as the “Douglas Reserves.” For the purposes of this Report the history of the Douglas Reserve allocations for the Kwantlen are presented under two headings: firstly, those Reserves overseen during the tenure of Chief Commissioner of Lands Colonel R. C. Moody between February 1859 and December 1863 and; secondly, those allocations overseen by Chartres Brew. Brew was a local magistrate based at New Westminster. Although never formally appointed to the office of Chief Commissioner of Lands, Brew appears to have functioned as the person in charge of the Surveyor General's office in New Westminster from early 1864 until Joseph Trutch assumed of the office of Chief Commissioner of Lands and Works in about the middle of 1865.

On 4 January 1860, the first British Columbia Land Proclamation allowed for the pre- emption of un-surveyed agricultural lands on the lower Fraser River.1 Expressly excluded from pre-emption were Indian Reserves or settlements.

Moody Reserves In early March 1861 Governor Douglas instructed Moody to begin the formal allocation of Indian Reserves along the lower Fraser River:

“I am directed by His Excellency the Governor to request that you will take measures, so soon as may be practicable, for marking out distinctly the sites of the proposed Towns and the Indian Reserves throughout the Colony. 2. The extent of the Indian Reserves to be defined as they may be severally pointed out by the Natives themselves.”2

Correspondence between Moody and Captain Robert Parsons, commander of the Royal Engineers of 13 April 1861 presents clarification of Douglas’ original instructions.

1 British Columbia. Proclamation by His Excellency James Douglas, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of Her Majesty's Colony of British Columbia and its Dependencies, Vice-Admiral of the same, &c., &c., [Proclamation Relating to the Acquisition of Land, 4 January, 1860] No. 15. Appendix to the Revised Statutes of British Columbia, 1871, Containing certain repealed Colonial Laws useful for reference, Imperial Statutes affecting British Columbia, Proclamations, &c. (Victoria, 1871): 61-64. Tab I-1a. 2 C. Good, for Colonial Secretary to Moody, Chief Commissioner of Lands and Works, 5 March 1861. Papers Connected with the Indian Land Question (Victoria ,1875):21. Tab I-1b.

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Topics addressed in this correspondence include the survey of village locations, burial places, potato patches and seasonal residences. 3

McMillan Island Reserve

Figure 2: View of Kwantlen village at McMillan Island with Fort Langley in the foreground, 1857 - 1862.4

Documents relating to the post at Hudson’s Bay Company post at Fort Langley describe a Kwantlen village at McMillan Island. No evidence was located during the preparation of this Report, which pinpoints precisely when, and by whom, the lands at McMillan Island were formally set apart as an Indian Reserve. A Public Notice published in the Government Gazette dated 30 June 1862 indicates that the lands were reserved prior to that date. 5

3 Moody, Chief Commissioner Lands and Works to Captain Robert Parsons, Royal Engineers, 13 April 1861. BC Archives, C/AB/30.6J, Royal Engineers, Correspondence Out - Memorandum Book, 17 November 1859 - 20 July 1861 Victoria: 124 Tab I-2a; Parsons, Royal Engineers to Moody, Chief Commissioner Lands and Works, 15 April 1861. BC Archives, C/AB/30.6J/5, Royal Engineers, Survey Book, Correspondence Outward - Letterbook 1859-1863. Victoria. Tab I-2b; Parsons, Royal Engineers to George Turner, 31 April 1861. BC Archives, C/AB/30.6J/5, Royal Engineers, Survey Book, Correspondence Outward - Letterbook 1859-1863. Victoria. Tab I-2c. 4 J. M. Alden, “H. B. Co. Fort Langley, left bank of Fraser River. Langley Buttes in the distance,” 1857 - 1862. National Archives, Cartographic and Architectural Records Section, Special Media Archives Services Division. ARC Identifier 305495 / Local Identifier 76-E221-ALDEN6. College Park, Maryland. 5 Moody, Chief Commissioner of Lands and Works, “Public Notice,” 30 June 1862. Government Gazette in British Columbian, 23 July 1862: 1; 26 July 1862:4. Victoria. Tab I-8f.

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At the establishment of the Colony in 1858 Douglas’ original intention was to locate the capital on the south bank of the Fraser at Derby Reach, in the same general location where the original Fort Langley had been established in 1827. The proposed capital was generally referred to as Derby or “New Langley.”

The Reserve at McMillan Island may have been allocated by Douglas, prior to Moody’s arrival, during the course of setting aside Government Reserves to establish the town site at Derby.

In early 1859 Captain George Richards of the Royal Navy conducted a hydrographic survey of the lower Fraser River. The chart of this survey (Figure 3) shows the location of the Derby town site. A settlement in the area of the Derby town site is also shown on Richards’ chart. A number of Métis families, in particular the Kanaka employees of the Company who had married Kwantlen women, still resided at that place until they were evicted in 1859 to allow for the survey undertaken in anticipation of the sale of town lots within the proposed capital.6

Figure 3: Location of Derby townsite, Kanaka settlement, and Fort Langley, 1859-1860. 7

6 D. McLaren and G. McLaren, “Cultural Heritage Assessment of the Cottonwood Lands and the Surrey Pit Property Kwantlen Territory,” Report Prepared for the Ministry of Transportation and Infrastructure, December 2009. A number of these families are known to have taken up pre-emptions in the region around Kanaka Creek in the early 1860s. 7 G.H. Richards, Hydrographic Chart No. 1922: Fraser River and Burrard Inlet, surveyed by Captain G.H. Richards R.N. and the Officers of H.M.S. Plumper, 1859-60, 30 November 1860 (corrected to April 1862).

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Also shown on Richards’ chart are the Hudson’s Bay Company lands on the rise and the flats of the south bank of the Fraser River opposite the Kwantlen village at McMillan Island; the village itself is not depicted.

Figure 4: Quaitlan Indian Village, opposite Fort Langley, 1859.8

In April and May 1859, R.C. Mayne, was seconded by Governor Douglas from his position as marine surveyor on the Plumper under Richards to help determine alternate land routes to the gold fields beyond Yale. In May, Mayne drafted a sketch of the Fraser River from Langley to Yale in consultation with a resident Colonial government official, Judge M.B. Begbie, who had accompanied him, This sketch map, a portion of which is shown at Figure 4, illustrates the location of First Nations communities, as well as

Land Title and Survey Authority of British Columbia, Map Vault, 18T2 New Westminster. Victoria. Tab I- 3a. 8 R.C. Mayne. Hydrographic Chart No. 2666: Sketch of the Upper Part of the Fraser River From Langley to Yale by Lieut. Mayne, R.N. of H.M.S. Plumper and the Honble M.B. Begbie, Judge in British Columbia, 16 May 1859. Library and Archives Canada Map Collection, Microfiche NMC189027. Ottawa. Tab I-3b. Note that Stave River is indicated but unnamed on this sketch. A copy (with alterations to include the Fraser River to its mouth) was also published as “Der Frazer River Britisch-Kolumbia, von der Műndung bis Fort Yale. Nach den Aufnahmen von Mayne und Begbie im Jahre 1859,” Petermanns, A.H. Mitteilungen aus Justus Perthes' Geographischer Anstalt uber Wichtige Neue Erforschungen (1860): 49. Tab I-3c.

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identifying generally, the regions along that portion of the Fraser with which each Nation was associated.

The map depicts a village on the western side of the slough dividing McMillan Island from what is now known as Brae Island, rather than on McMillan Island itself. The location of Fort Langley, however, is also not accurately rendered when compared to Richard’s more formal chart. The region surrounding McMillan Island is designated as associated with “Quaitlan Indians.” Mayne later stated that the “Kwantlun tribe” lived in villages along the Fraser River from the entrance “along the banks of the river as far as Langley.” 9

Early preemptions included most of the southern shoreline in the area of Fort Langley, including the mouth of Salmon River. 10 There is no evidence, however, to suggest that any Kwantlen Reserve lands were allocated or surveyed by the Royal Engineers under Captain Parsons’ instructions of 1861.11 Nonetheless, although there were several applications made for the pre-emption of land on McMillan Island in 1860 and 1861, none of these applications appear to have been approved by local officials, which suggests that McMillan Island had Reserve status at that point.

A map attached to the preemption claim of William Winnard, dated 14 February 1861, for example, refers to an “Indian Ranch” on one of three islands depicted opposite to Fort Langley, but the map does not indicate that the ranch is on an Indian Reserve.12

9 “Next to these, and extending from Langley to Yale, are the Smess, Chillwayhook, Pallalts, and Teates- which latter are called by the upper tribes Sa-chin-ko. These all appear, from their similarity of language and customs, to be branches of the Kwantlun tribe, although, as usual, their dialects differ considerably. They have villages placed on the tributary streams as well as the main river.” R. C. Mayne, Four Years in British Columbia and Vancouver Island: An Account of their Forests, Rivers, Coasts, Gold Fields and Resources for Colonisation. (London, 1862): 295. Tab I-3d. 10 F. W. Laing, “Colonial Farm Settlers on the Mainland of British Columbia 1858-1893,” (1939). For preemptions on the south shore of Fraser River see: Fort Langley East Area, pp. 176-178; Fort Langley West and South Areas: pp. 168- 175; Langley Prairie Area: 162-167; for preemptions on the north shore of Fraser River see: Port Haney Area Eastward, pp. 98-102; Ruskin, Silverdale and Whonnock Areas, pp. 102-103. Tab I-4a. 11 Moody’s instructions to Parsons covered the area from Harrison River “to the sea,” including Burrard Inlet. Parsons’ subsequent instructions to Turner covered the area from Harrison River to Matsqui; William McColl undertook surveys for the Katzie and at Coquitlam River. Parsons' far less detailed instructions to Royal Engineer Turnbull, are included in Papers Connected with the Indian Land Question (Victoria, 1875): 22, but it is not evident in which “District” Turnbull was stationed. 12 W, Winnard, New Westminster District, Pre-emption Record No. 253, 14 February 1861. BC Archives, GR 112 British Columbia Lands Branch, Pre-emption records, Volume 92, file 10. Tab I-4b.

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Figure 5: Sketch of Survey of Lot 20 at mouth of Salmon River, September 1862.13

A sketch map from a later survey by W. McColl and P. Leech of the Hudson’s Bay Company Lands at Lot No. 20 at the mouth of the Salmon River in September 1862 (Figure 5), shows an “Indian House” on McMillan Island, but does not refer to an Indian Reserve there.14 As noted above, a published Gazette notice dated 30 June 1862, indicates that a Reserve was in place there prior to that date. 15

13 McColl and Leech, Survey of Lot 20, mouth of Salmon River, September 1862. Land Title and Survey Authority of British Columbia, Royal Engineers' Field Book No. 15, LTSA FB1808: 6. Tab I-4c. 14 W. McColl, W. and P. Leech, Field Book: Survey of HBCo Claims at Langley [Lot Nos. 19 and 20], 17 September 1862. Land Title and Survey Authority of British Columbia, Royal Engineers' Field Book No. 15, LTSA FB1808. Tab I-4d. Victoria. 15 Moody, Chief Commissioner of Lands and Works, “Public Notice,” 30 June 1862. Government Gazette in British Columbian, 23 July 1862: 1; 26 July 1862:4. Victoria. Tab I-8f.

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Brownsville Reserves

Figure 6: Townsite of New Westminster, Revenue Station and Royal Engineers’ Camp, 1859-1860.16

When Colonel Moody, head of the detachment of Royal Engineers and Chief Commissioner of Lands and Works for the Colony of British Columbia arrived in the Colony in January 1859 he determined that the proposed capital at Derby was unsuitable, and the centre of Colonial interest moved to New Westminster.

In February 1859 the town site at New Westminster was established as the capital. In March, the survey and construction parties under Moody moved from their original quarters at Derby to a site near the junction of the Brunette and the Fraser rivers.

16 G.H. Richards, Hydrographic Chart No. 1922: Fraser River and Burrard Inlet, surveyed by Captain G.H. Richards R.N. and the Officers of H.M.S. Plumper, 1859-60, 30 November 1860 (corrected to April 1862). Land Title and Survey Authority of British Columbia, Map Vault, 18T2 New Westminster. Victoria. Tab I- 3a.

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Richards’ chart (Figure 6) shows the general location of the new town site, as well as that of the Royal Engineers' camp.17 A Revenue Station, established for the collection of the tax imposed upon miners on their ascent up the Fraser to the goldfields, was built in March 1859 across the river from the town site at Qiqá:yt, later also known as South Westminster. The Colonial Government House, not depicted on Richards’ chart was subsequently built in 1863 near the ravine formed by the small creek depicted on the Chart, presumed to be Stólelō Creek.18

Government Reserves for the town site itself, for the Royal Engineers’ camp, and for the Revenue Station lands, were established more or less immediately following the arrival of Moody and the Royal Engineers.

When the Royal Engineers' camp was established in March 1859, a Musqueam Indian Simlannok (Tsimele'nux) and his family appear to have been living in the area of Stólelō Creek.19 Either immediately, or at some point shortly thereafter, Tsimele’nux and his family were resettled across the river on the Government Reserve adjacent to the Revenue Station at Qiqá:yt. Chartres Brew, who had arrived in British Columbia in 1859, later recalled that:

“At the time the Royal Engineer camp was formed, Simlannok of the Mosqueam tribe of Indians and his relatives owned the ground where the Government House &c now stands. Simlannok was compelled to move therefrom and in compensation he got about half an acre, I think, of land below [the Revenue Station] on the other side of the river. This spot of Ground Simlannok fenced in and cultivated and planted with some fruit trees and he has lived on it ever since unless for a few weeks in each year when he visits his tribe on the North Arm. 20

The Revenue Station appears to have been in use for only a short time before a new building was constructed within the town limits.21 By April 1860 the old building and the

17 The Royal Engineers’ camp depicted in Richard’s Chart as the “Military Establishment,” occupied generally the area of the former Provincial Penitentiary grounds. It is also referred to as the “Camp Ground,” and following the departure of the Engineers in December 1863, as the “Camp Reserve.” 18 K. T Carlson, Ed., A Sto:lo - Coast Salish Historical Atlas. (Vancouver, 2001):136. Note that Wikipedia entry for New Westminster indicates that the original colonial Government House, built in 1863 was located approximately where Royal City Manor is now (77 Jamieson Court, New Westminster, BC). http://www.thefullwiki.org/New_Westminster,_British_Columbia. 19 "Tsimele'nuxw and Qeyepelenuxw were [Musqueam] family leaders who lived during the period of interaction with early colonial officials. ... Later, the Indian department gave Tsimele'nuxw authority as the "head chief" at Musqueam." (p. 26) S. Roy, S. Making History Visible: Culture and Politics in the Presentation of Musqueam History. M.A. thesis, Department of History. Simon Fraser University (Vancouver, 1999): 26. Tab I-6a. 20 C. Brew, Magistrate New Westminster to Colonial Secretary, 23 January 1865. BC Archives, GR 504 (F52/B77.3) Provincial Secretary, Correspondence, R - Reserves 1859-1874, Microfilm reel B-11011(2). Tab I-6b. 21 The flag staff in front of the old Revenue Station remained a prominent feature on the River for some time afterwards, however, and appears as a marker on various surveys.

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surrounding lands had been leased out to a Mr. Wylde, who later sublet to Samuel Herring. Likely as a consequence of this lease, on 5 April Colonel Moody, in his capacity as Chief Commissioner of Lands, wrote that he had,

“caused certain posts to be put in the ground, to mark the Boundary of Indian allotments on the left bank of the Fraser, yesterday afternoon. I notified this boundary to the Indian chief Tsimlana and to Mr. [Wylde] who rents the late Custom house which adjoins the Indian lot sending the latter a trace of the ground….22

A plan of the Revenue Station (Figure 7)23 shows the location of the Station and grounds at Qiqá:yt, and the location of Tsimele'nux’s house and Indian Reserve to the right (west) of the Station. Thus, the land which Moody had assigned generally to Tsimele’nux and his family in 1859 was by April 1860 marked out on the ground and formally defined as an Indian Reserve within the boundaries of the general Government Reserve.

Moody had relocated Tsimele’nux to the ancestral Kwantlen fishing location of Qiqá:yt. In 1865 local Magistrate Chartes Brew summarized his understanding of the situation:

“Many years since the Quotlin or Langly Indians used to camp in the Salmon season where Herring's house now stands, but after Fort Langly was established by the H.B.C. those Indians gradually ceased to resort to their old fishing ground and in 1859 the claim was quite abandoned.”24

Kwantlen Chief Cassimere later explained:

“This Tribe here [at McMillan Island] used to live in Sapperton and South New Westminster years ago.”25

22 Colonel R.C. Moody, Chief Commissioner of Lands and Works to Attorney General B.C., 5 April 1860. BC Archives, GR 2900, Microfilm reel B-11043. B.C. Lands and Works Department, Volume 2: Correspondence outward, 7 August 1859 - 15 August 1861. Victoria: 32-33. Tab I-6c. Note that the map referred to in this letter is not enclosed in this file. Moody notes that: “This morning the landmarks were removed & the Indian ground trespassed upon by the erection of a fence. This, I am informed by Tsimlana was done by a Mr. Herring, a sub-tenant I believe of Mr. [Wylde's].” 23 Royal Engineers, “Plan of Revenue Station,” [April 1860]. Land Title and Survey Authority of British Columbia, Surveyor General Division, Map Vault, 15T1 Land Reserves. Victoria. Tab I-6d. 24 C. Brew, Magistrate New Westminster to Colonial Secretary, 23 January 1865. BC Archives, GR 504 (F52/B77.3) Provincial Secretary, Correspondence, R - Reserves 1859-1874, Microfilm reel B-11011(2). Tab I-7a. Brew does not indicate from whom he obtained the information concerning the use of Qiqá:yt prior to 1859. The Kwantlen continued to assert their claim to the area at every opportunity; a Reserve was confirmed for their use there by Indian Reserve Commissioner Sproat in 1879 based on his consideration of the strength of their claim. 25 Meeting with the Langley Band or Tribe of Indians, 9 January 1915. UBCIC (1978) Transcript of testimony (on line); originals at Library and Archives Canada, and BC Archives, GR-1995, Royal Commission on Indian Affairs for the Province of British Columbia (1913-1916), New Westminster Agency. Vancouver: 122. Tab II-27a.

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Figure 7: Plan of Revenue Station showing the location of Reserve assigned to Tsimele’nux, [ca. 1860].

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Notwithstanding the use by other Nations during the historic period, it appears to have been understood by them that the Kwantlen had a prior claim to the area. Simon Pierre, of the Katzie Nation, speaking as representative of the Chiefs of the Musqueam, Coquitlam, Langley, Whonnock, Matsqui, and Katzie Reserves stated that the prior claim of the Kwantlen extended throughout the region:

“Langley Tribes were the original inhabitants of the place [New Westminster] and other tribes used to come and live here. ... This was their original home and when the Hudson Bay Company went to Fort Langley, the other Indians made war with them and they went to Fort Langley to be under the protection of the Hudson Bay. ... In the early days of the Indians, there was no Surveyor, and no white people and the real homes were here. ”26

In the spring of 1861 the Kwantlen reasserted their claims to their fishery at Qiqá:yt. According to Chartres Brew, “nine or ten of the Quotlin Indians came down from Langly to settle on their old fishing camp but finding it occupied they built a house a short way above Herrings and there they have quietly lived ....”27

Following the reestablishment of the Kwantlen in the area, the following memo was sent by Captain Henry Reynolds Luard, R.E. Camp, on 1 April 1861:

“Mr. Herring having complained that the ground on the opposite side of the river has been encroached upon by Indians that side where Tsimlana is living, Capt Parsons is requested at his earliest possible convenience to cause the boundary of the Govt Land & Indian Reserve to be staked out & the limits of the latter distinctly explained to the Indians.”28

The plan of Turner’s survey of the Government Reserve (Figure 8) depicts the locations of two “Indian” Villages. Based on the information provided by Brew in 1865, the village encompassed within the triangular portion of the eastern end of the Government Reserve is identified as occupied by the Quotlin from Langley.

26 W. E. Ditchburn, Minutes of Meeting with Indian Superintendent Ditchburn and the Chiefs of the Musqueam, Coquitlam, Langley, Whonnock, Matsqui, Katzie, and Tsawwassen Reserves, 20 August 1925. Library and Archives Canada, RG 10 Volume 7787 File 27153-21 Part 1, MIKAN no. 2060855, Microfilm reel C-10111. New Westminster Agency - Surveys of Land on the Poplar Island Reserve to be Purchased by the City of New Westminster, 1924-1945, Ottawa. Tab II-29b. 27 C. Brew, Magistrate New Westminster to Colonial Secretary, 23 January 1865. BC Archives, GR 504 (F52/B77.3) Provincial Secretary, Correspondence, R - Reserves 1859-1874, Microfilm reel B-11011(2). Tab I-7a. 28 Captain Henry Reynolds Luard, Royal Engineers, Memorandum, 1 April 1861. BC Archives, C/AB/30.6J, Royal Engineers, Correspondence Out - Memorandum Book, 17 November 1859 - 20 July 1861 Victoria: 122. Tab I-7b.

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Figure 8: Plan of Government Reserve depicting Quotlin and Tsimele’nux Villages 1861. 29

Figure 9: Sketch illustrating location of Indian Houses on either side of former Revenue Station, 1861.30

29 Turner, G. and C. Linnett, Government Reserve on Left Bank of Fraser River,” August 1861. Land Title and Survey Authority of British Columbia, Surveyor General Division. 16T1A, Indian Reserves. Victoria. Tab I-7c.

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Turner’s survey also defined the area within the Government Reserve. His field sketch (Figure 9) shows the location of Herring's lease on (Sections A and B).31 The house of Tsimele'nux and his family is shown on the shoreline to the right (west) on Lot 1; an “Indian Ranch,” identified as occupied by the Quotlin, is shown to the left (east) of Section A.

At this time Turner also surveyed the triangular portion at the eastern end of the Government Reserve as an Indian Reserve (Figure 10). This Reserve encompasses the area where the Quotlin ranch was located. This field sketch illustrates only the boundaries of the Reserve as a whole; Turner does not indicate the location of any areas of residence or of cultivation.

30 G. Turner, Field Book: Survey of Government Reserve opposite New Westminster, April 1861. Land Title and Survey Authority of British Columbia, Surveyor General Division. Royal Engineers' Field Book No. 16. Victoria: 18. Tab I-7d. 31 G. Turner, Field Book: Survey of Government Reserve opposite New Westminster, April 1861. Land Title and Survey Authority of British Columbia, Surveyor General Division. Royal Engineers' Field Book No. 16. Victoria. Tab I -7d. Lot 2 was purchased by Herring in 1860 or 1861. Note that the improvements indicated on land to the south of Tsimele'nux's house to the eastern boundary of Lot 1 appear to have been undertaken by Herring as described by Trutch in 1868, but are not included in his original lease.

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Figure 10: Field Sketch illustrating boundaries of the Indian Reserve (Quotlin) on the eastern portion of the Government Reserve, April 1861.32

Whonock Reserve On 26 June 1862, under direction of Governor Douglas, the Colonial Secretary wrote to Moody, the Chief Commissioner of Lands and Works:

“I am directed by the Governor to forward the enclose tracing, and with reference thereto, to acquaint you that the bearers of this letter by name "Kholasten" and "Scakhalan," Langley Indians, are desirous of abandoning their present abode on the Island opposite Langley, and with their families and some other Indians of settling on another piece of land on the right bank of the river, adjoining the claim of William Cromerty .

32 G. Turner, Field Book: Survey of Government Reserve opposite New Westminster, April 1861. Land Title and Survey Authority of British Columbia, Surveyor General Division. Royal Engineers' Field Book No. 16. Victoria: 17. Tab I-7d.

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2. His Excellency, therefore desires you will be good enough to declare to be an Indian Reserve, a tract of land of 160 acres in area, immediately adjoining William Cromerty's claim, as by the accompanying sketch, and when convenient have the same marked out by corner posts on the ground.”33

Figure 11: Map illustrating boundaries of Indian Reserve to be granted to "Kholasten" and "Scakhalan," Langley Indians, 26 June 1862.34

The map enclosed in the application with these instructions (Figure 11), illustrates the location of the "Indian Reserve" of 160 acres to be staked out, with reference to “Cromerty's” claim. In February 1860 William Cromarty, had pre-empted what would become at Lot 438. Cromarty’s application was for 160 acres on the Fraser River “bounded on the east by the River Hyax.”35 Cromarty's son also preempted 160 acres on

33 Young, W. A. G. (1862). Correspondence: Young, Colonial Secretary to [Moody], Chief Commissioner of Lands and Works, 26 June 1862. BC Archives GR 1372 Colonial Correspondence, File 328 (1), mf B- 1316. Tab I-8a. Also published in Papers Connected with the Indian Land Question (Victoria, 1875): 25. 34 Young, Young, Colonial Secretary to [Moody], Chief Commissioner of Lands and Works, 26 June 1862. [enclosure], BC Archives GR 1372 Colonial Correspondence, File 328 (1), mf B-1316. Tab I-8a. 35 Cromarty, W. (1860). Pre-emption Record No. 104, 27 February 1860. Tab I-8c. Also in F. W. Laing, Colonial Farm Settlers on the Mainland of British Columbia 1858-1893 (1939): 102a. PR 104: "160 acres

- 18 - 349 Colonial Reserve Creation 1858 - 1871 Draft 31 October 2010 the east side of the “River Hyax” on the same date. It appears from the available documents that Cromarty did not immediately occupy and begin improvements on his pre-emption as required by the Land Proclamation.

Moody’s first response was to write to the local Government Agent at New Westminster to enquire as to the legitimacy of Cromarty’s claim “and whether the Indian Reserve laid out as directed, will or will not conflict with the claims of others.”36 The Agent responded to Moody that it was his opinion, “that the Indian Reserve laid out as directed by His Excellency the Governor will not interfere with private claims.”37

In a certificate dated 30 June 1862 provided to the residents of the new Reserve at Stave River to produce in the case of attempted encroachment, Moody described the land as being, “reserved by Government for the use of the Indians.”38 As per his instructions, Moody also had a Public Notice, of the same date published in the Government Gazette (Figure 12).39 Moody was instructed to stake out the boundaries of this Reserve subsequent to the publication of this notice. Although later statements made by the residents of Whonock indicate that the Reserve had been marked out on the ground, no documents were located which confirm when, and by whom, this work was done.

situated on the north bank of the Fraser River between 6 and 8 miles above Fort Langley". Lot 438, G. I, New Westminster, Certificate of Improvement: 14 November 1865. Tab I-4a. 36 Moody, Chief Commissioner of Lands and Works to Spalding, 28 June 1862. Papers Connected with the Indian Land Question (Victoria, 1875): 26. Tab I-8b. Although a note following this document in PCILQ states that, “No reply to this letter can be found,” Spalding did respond to Moody's enquiry as shown, and a Reserve was then allocated at Whonock. 37 Spalding, Magistrate, New Westminster to Moody, Chief Commissioner of Lands and Works, 28 June 1862. BC Archives, GR 1372 Colonial Correspondence, File 1623, Microfilm reel B-1365. Victoria. Tab I- 8d. 38 Moody, Certificate: Government Reserve (for the use of the Indians), Frazer River 160 acres (copy), 30 June 1862. BC Archives, GR 1372, Colonial Correspondence, F503/2 (enclosure), mf B 1326. Victoria. Tab I-8e. Note that this document was retained by the residents at Whonnock Village and appears to have been produced for B.W. Pearse in the fall of 1868. A copy was enclosed in correspondence to Governor Seymour in December 1868. A note on the cover to the above mentioned correspondence from Young to Moody of 28 June 1862 indicates that a copy of this notice was subsequently “registered” by the Colonial Secretary and the, “Certificate issued to the Indians named herin [sic]; 30 June 1862 see copy of certificate in "Lands" Book;” this “Lands' book” was not located. 39 Moody, Chief Commissioner of Lands and Works, “Public Notice,” 30 June 1862. Government Gazette in British Columbian, 23 July 1862: 1; 26 July 1862:4. Victoria. Tab I-8f. The British Columbian functioned as the official publisher of Government Gazette notices from February 1861 to January 1863. Prior to and after this period, the Gazette was published as a separate volume. Madge Wolfenden, “Early Government Gazettes,” B.C. Historical Quarterly, (July, 1943): 174-176.

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Figure 12: Public Notice regarding the Indian Reserve granted to "Kholasten" and "Scakhalan," Langley Indians, 30 June 1862.40

According to later statements made by Charles Sal-tem-ten and others resident on the Whonock Reserve, Cromarty attempted to occupy his pre-emption claim in April 1863:

“In 1863, a white man named Cromarty came and took, as his claim, the land upon which our house and gardens were. Having complained to Judge Brew, he gave us, to protect our land against any white man, a note, of which we give a copy underneath. Cromarty left our land and abandoned his claim... ” 41

Brew's notice of 24 April 1863 read as follows:

“The bearer of this, an Indian, complains that Cromarty, near Langley, has taken away his potatoe ground. This is, therefore, to caution Cromarty or

40 Moody, Chief Commissioner of Lands and Works, “Public Notice,” 30 June 1862. Government Gazette in British Columbian, 23 July 1862: 1; 26 July 1862:4. Victoria. Tab I-8f. 41 C. Sal-tem-ten and others to Busby, Registrar-General, 20 August 1869. Papers Connected with the Indian Land Question (Victoria, 1875): 79. In 1863 William Cromarty preempted what would become Lot 440. F. W. Laing, “Colonial Farm Settlers on the Mainland of British Columbia 1858-1893” (1939): 102a. Tab I-4a. It should be noted here that in June 1863 William Littlewood made application to pre-empt land on the north side of the Fraser River. Laing notes that the sketch attached to this application indicates that the claim would have been within the present boundaries of Whonock Reserve No. 1 (p. 103). It does not appear that this claim was pursued beyond the application stage.

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any other person against taking or in any way interfering without special authority with any land cultivated by Indians.”42

The above documents suggest that the potato patches marked on the map in 1862, even though they were within the boundaries of Cromarty’s pre-emption within Lot 438, were those being cultivated by the Kwantlen; it is not evident who had originally constructed the house depicted on the 1862 map. The statements provided by Sal-tem-ten also suggest that the people resident at Whonock considered that the Reserve allocated by Moody in 1862 should have included their potato lands and that, after 1863, the note from Brew supported their claim to this land (Figure 13).

Figure 13: Whonock Reserve 1862, including potato lands (red lines added).

Moody and the Royal Engineers formally quit the Colony in December 1863. In 1867 then Chief Commissioner of Lands J.W. Trutch stated with reference to Indian Reserves on the lower Fraser River that:

“Previous to 1864 very few Indian Reserves had been staked off, or in any way exactly defined.

42 Brew, Government Agent New Westminster, 24 April 1863. Papers Connected with the Indian Land Question (Victoria, 1875): 79.

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The only Indian Reserves on the lower Fraser actually surveyed off before Colonel Moody left the Colony, as far as I can ascertain, were the following: - 1. Three lots at the mouth of the North Arm of the Fraser: 2. An Island at the mouth of the Coquitlam River: 3. Two lots on the banks of the Coquitlam River: 4. One lot opposite New Westminster: 5. Two lots at Keatsie, one on each side of the River. ”43

As noted in this Report, however, Moody and the Royal Engineers had been directly involved in the survey of the Quotlin Reserve opposite New Westminster in 1861 in addition to the “one lot” surveyed for Tsimele'nux and his family. The Reserve at Stave River does not appear to have been surveyed but it had been reserved under direct instructions from the Governor and notice subsequently published in the Government Gazette as requested. The lands at McMillan Island were publically acknowledged as Reserve lands by that same Gazette Notice.

43 Trutch, Chief Commissioner of Lands and Works to Acting Colonial Secretary, 28 August 1867. Papers Connected with the Indian Land Question (Victoria, 1875): 41-43. The “one lot” opposite New Westminster is likely the Musqueam portion Trutch was directly involved in having re-surveyed in 1868.

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Brew Reserves 1864 In April 1864 more than twenty-one Reserves were allotted and staked off on the lower Fraser River under the verbal instructions of Governor Douglas and the subsequent written instructions to surveyors by Chartres Brew.

The Kwantlen were allotted two Reserves during this period; the first Reserve consisted of an extensive enlargement of the existing Whonock Reserve (No. 1) set apart in 1862 by Moody; the second was a new Reserve located on the north bank of the Fraser opposite the north end of McMillan Island, commonly referred to as the Langley Reserve (now No. 5). A third Reserve, directly opposite the Fraser from the Whonock Reserve, and allocated to the “Saamoquâ” tribe is also discussed in this section.

The Reserves allocated in 1864 were created during a period of transition within the Colonial Government. Although Joseph Trutch had been appointed Surveyor-General and Chief Commissioner of Lands and Works by Douglas in February 1864 to replace Moody, Trutch was unable to assume these positions until mid-1865.44 Chartres Brew was never formally appointed to act as Chief Commissioner of Lands; nonetheless Brew was referred to in official correspondence from the Governor’s office as the person “in charge of the Land Department.”

In early 1864 Douglas submitted his resignation as Governor, effective 13 April 1864. Frederick Seymour was appointed as his replacement but did not arrive in New Westminster until 20 April 1864.

The context for the Reserve allocations in the spring of 1864 appears to have been the final “Potlatch” held by Governor Douglas at Government House in early April, shortly before his retirement from Office at which, “most of the Indians living on the Lower Fraser were present.” 45 Surveyor A. R. Howse, who was present that day, later described Douglas' actions at that meeting:

“I distinctly remember Sir James Douglas sending for Mr. McColl and giving him verbal instructions to stake off Reserves for the Indians at Sumas and Chilukweyuk allowing a certain number of acres to each adult Indian - When Sir James gave these instructions he was standing on the

44 Trutch, in fact was on official leave of absence from August 1864 through June 1865, when he was allowed to provisionally assume his commission. Trutch's official appointment to the offices of Surveyor General and Chief Commissioner was not finally confirmed by the Colonial Office in London until August 1869. 45 British Columbian , “The Last "Potlatch,"” 27 April 1864. The British Columbian, 27 April 1864. New Westminster: 2. Tab I-9a. It has not been determined precisely when this "Potlatch" occurred, but it was likely on or shortly before the 6th of April. Douglas came to New Westminster to participate in his retirement banquet and other festivities which began on Thursday 7 April 1864; Douglas officially left office on 13 April 1864 and quit New Westminster for Victoria on the Enterprise that same day. Note that he did not remain for Seymour's arrival in New Westminster on 20 April.

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lawn at Govt House and there were present a large number of Indians from the above mentioned localities.” 46

In his later report to the Surveyor General's office, under date of 16 May 1864, ex-Royal Engineer William McColl noted that Douglas' verbal instructions to him were:

“to the effect that all lands claimed by the Indians were to be included in the ‘Reserve’ the Indians were to have as much land as they wished. And in no case to lay off a ‘Reserve’ under 100 acres. ... List marked A was handed to me by "Sir James Douglas" and contained all the Names of the ‘Reserves’ that were to be laid off. ...”47

Included in “List A” were the “Who-nock,” and the “Saamoquâ” Reserves.

No other correspondence or other government documents were located during this research project regarding this meeting between Douglas and the First Nations of the lower Fraser River. Andrew Phillip provided additional information about this meeting in a statement made to the Royal Commission in 1915, on behalf of Chief John Leon of Chehalis:

“Sir James Douglas, the first governor, made a [verbal] promise to us Indians on his first surveying the lands. He said, for which I survey as Indian lands it really belongs to the Indians only. That no white man shall intrude on your lands, and for all the outside of your lands, H.M. Queen Victoria will take and call to the white people, and that land will be owned as a lasting fruit trees to the Indians. Her Majesty will take the said fruits and give it to the Indians as their lasting support. ...”48

Chief Paul of Skookumchuck also related Douglas' speech, as told to him by his father:

“I am going to tell you another thing my father told me before he died - he lived over a hundred years. When Sir James Douglas came up here to talk to the Indians he gathered all these Indian Chiefs and he said "I see you Indians and I am very glad to see you people - I am going to talk to the King and you will have the share of a quarter of a dollar or a little more" so that is what we are waiting for yet. That is what we are asking what has become of what Sir James Douglas told us. We are asking for that today.

46 Howse, surveyor, to J. W. Trutch, Chief Commissioner of Lands and Works, 18 December 1865. BC Archives, GR 1372, F 1030/21 (enclosure), Microfilm reel B-1344. Colonial Correspondence. 1857-1872. Victoria. Tab I-10a. Note that this document is not included amongst the associated documents published in the Papers Connected to the Indian Land Question (Victoria, 1875). 47 McColl, surveyor to Surveyor General, New Westminster, 16 May 1864. BC Archives, GR 1372, Colonial Correspondence, F 1030/21. Victoria. Tab I-10b. 48 Meeting with the Harrison River Band or Tribe of Indians at Chehalis I. R. No. 4, 10 January 1915. Royal Commission on Indian Affairs for the Province of British Columbia (1915). Evidence from the Hearings: UBCIC (1978) Transcript of testimony (on line) Vancouver: 231-232. Tab II-9b.

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We don't ask for the land where the white people are living - we haven't forgot what Sir James Douglas said yet.”49

Douglas himself later referred to the Reserves set apart as a result of this meeting and confirmed McColl's description of his verbal instructions as his general policy during his administration. In October 1874 he wrote to then Indian Superintendent Powell, in part as follows:

“The principle followed in all cases was to leave the extent and section of the land entirely optional with the Indians who were immediately interested in the Reserves. The surveying Officers having instructions to meet their wishes in every particular and to include in each Reserve the permanent Village sites, the fishing stations, and Burial grounds, cultivated land and all the favourite resorts of the tribes; ... Before my retirement from Office several of these Reserves, chiefly in the lower districts of Fraser's River ... were regularly surveyed and marked out, with the sanction and approval of the several communities concerned... ”50

Brew’s written instructions to McColl, dated 6 April 1864, from the Surveyor General's Office, New Westminster were more particular to the quantity of land to be surveyed than Douglas verbal instruction had been. McColl was instructed to, “mark out with corner and intermediate posts whatsoever land the Indians claim as theirs and at any Indian Village where the quantity of Land demanded by the Indians is not equal to ten acres for each family Mr. McColl will enlarge the Reserve to that extent, each grown man to be considered the head of a family.”51

McColl apparently followed the verbal instructions of Douglas however, as indicated by his sketch map and report. McColl noted on his map of 16 May 1864 that:

“Points marked thus סּ at angles in Red lines bounding Reserves, are stakes and are marked Government Reserves. The survey of these Reserves have been made only by approximation no actual measurement have been taken.”

In 1869, the then Chief Commissioner of Lands J. W. Trutch stated that,

49 Meeting with the Skookumchuck Band of Indians at Skookumchuck, 27 August 1915. Royal Commission on Indian Affairs for the Province of British Columbia, Evidence from the Hearings (1915). UBCIC (1978) Transcript of testimony (on line) Vancouver: 382. Tab II-9c. 50 Douglas to I. W. Powell, Indian Commissioner, 14 October 1874. Library and Archives Canada. RG 10, Volume 1285. Royal Commission on Indian Affairs in British Columbia - Miscellaneous Correspondence. 1874-1920. Ottawa. Tab II-10c. 51 Brew, C. Instructions for Mr. McColl, Surveyor General's Office, New Westminster, 6 April 1864. BC Archives, GR 1372, Colonial Correspondence, F 1030/21 (enclosure). Victoria. Tab I-11a.

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“no actual survey was made by him. He seems to have merely walked over the ground claimed by the Indians, setting up stakes at the corners pointed out by them... and then to have estimated the acreage contained therein.”52

Whonock and Saamoquâ Reserves

Figure 14: Portion of McColl Map 1864 illustrating boundaries of Who-nock and Saamoquâ Reserves.53

52 Trutch, Chief Commissioner of Lands and Works to Acting Colonial Secretary, 28 August 1867. Papers Connected with the Indian Land Question (Victoria, 1875): 41-43. 53 W. McColl, “A Rough Diagram shewing the positions of the "Reserves" laid off for Government purposes &c on the Fraser Chillukweyuk Sumass & Masquee Rivers,” 16 May 1864. Land Title and Survey Authority of British Columbia, Surveyor General Division. Map Vault, 31T1 Land Reserves. Victoria. Tab I-11b.

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McColl marked out a Reserve for the Who-nock Tribe (Figure 14), with a population of 33 people.54 He indicated that the Who-nock Reserve had an area of approximately 2000 acres of good dry land. The approximate boundaries of the Who-nock Reserve (Figure 15) along river frontage would likely have included the original 1862 Reserve (currently Lot No. 439) as well as the western half of Cromarty’s pre-emption (Lot No. 438). The effect of staking the boundaries as instructed was to expand the dimensions of the Reserve allocated in 1862 to include, in part the potato lands claimed in 1863 by the Whonock people.

The northern boundary likely encompassed present Section 17 and western half of Section 16 and definitively includes Whonnock Lake and its drainage.55 A village is illustrated on McColl's map as located between two streams - the easternmost being “Whonnock Creek.”

McColl also delineated a Reserve on the map as located directly across the River from the Whonock village. This Reserve was marked “Saamoquâ village” on his map and described in his notes as being staked out for the “Saamoquâ” Tribe. The Reserve itself was allocated on behalf of a population of 20 people as approximately 500 acres and as “nearly all swamp” with a “narrow belt of dry land along the edge of the river.”

McColl indicated that neither the Whonock nor Saamoquâ Reserves contained any existing preemptions claims, unlike many of the Indian Reserves laid out on the Chillukweyuk and Sumass Rivers. McColl indicated the presence of house on the west side of the Stave River, outside the boundaries of the Reserve, but did not indicate to whom the house belonged. Note that Cromarty had abandoned his pre-emption land at Stave River in 1863.

Langley Reserve There is no reference in McColl’s report or map to any other Reserves allocations that may have been requested by the Kwantlen at this time. Trutch, however, later noted that:

“In April, 1864, an Indian Reserve of 353 acres in extent was laid off by Mr. McClure, by instructions from Mr. Brew, on the right bank of the Fraser River, opposite Fort Langley.”56

54 W. McColl, “A Rough Diagram shewing the positions of the "Reserves" laid off for Government purposes &c on the Fraser Chillukweyuk Sumass & Masquee Rivers,” 16 May 1864. Land Title and Survey Authority of British Columbia, Surveyor General Division. Map Vault, 31T1 Land Reserves. Victoria. Tab I-11b. McColl stated that the population figures included had been obtained “from the Chiefs at the different Indian villages.” 55 Whonnock Reserve is approximately 1.75 miles river frontage, with a ridge marked at western boundary and not encompassing mouth of Stave River on the east; by 2.5 miles depth, incorporating Whonnock Lake and beyond. Compare with Township plan No. 14, at scale of 40 chains per inch (1 chain to 66 feet; 80 chains to a mile; thus ca. 3.5 inches along river frontage by ca 3.0 miles to incorporate Whonnock Lake and northern boundary). 56 Trutch, Chief Commissioner of Lands and Works to Acting Colonial Secretary, 28 August 1867. Papers Connected with the Indian Land Question (Victoria, 1875): 41.

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Figure 15: Depiction of Whonock Reserve as originally allocated 1862 and 1864 and reduced 1868.

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Department of Lands clerk A.R. Howse who had been present at the “last Potlatch” in April 1864, later told Federal Indian Superintendent Powell that this Reserve (Langley No. 5) “was granted to the Langley Indians by Sir James Douglas in 1864, chiefly for the timber upon it, and to supply their wants in this respect.”57 Chief Casimer also later stated that this Reserve “was granted to these Indians by Sir James Douglas,” that it was valued for its timber and noted that there was a graveyard there.58

Brew's instructions to McClure of April 1864 were not located; a field sketch and a plan survive (see Figures 16 and 17 below). Both the field sketch and the plan, entitled “Plan of Indian Reserve Langley,” illustrate only the exterior boundary lines of the Reserve, and do not refer to any areas of residence or cultivation there.59

Figure 16: MacClure Field Map April 1864 illustrating boundaries of the Langley Indian Reserve. 60

57 A.R. Howse, surveyor to Powell, Indian Commissioner [report], 12 October 1874. Library and Archives Canada. RG 10, Volume 7537 File 27150-8-3, MIKAN no. 2039454, Microfilm reel C-14809. British Columbia - Correspondence, Orders in Council and Notes Regarding the Survey of Indian Reserves, 1874- 1914. Ottawa. Tab II-3c. Howse also indicated the location of a “burial ground” in his 1874 survey of this Reserve. 58 Meeting with the Langley Band or Tribe of Indians, 9 January 1915. Royal Commission on Indian Affairs for the Province of British Columbia (1915). Evidence from the Hearings. UBCIC (1978) Transcript of testimony (on line), Vancouver: 121. Tab II-27a. 59 John MacClure, “Plan of Indian Reserve: Langley, Situated on Right Bank of Fraser River,” April 1864. Land Title and Survey Authority of British Columbia, Map Vault, 13T1A Indian Reserves. Victoria. Tab I- 12b. 60 J. Maclure, Field Book: Survey of Langley Indian Reserve, April 1864. Land Title and Survey Authority of British Columbia, Surveyor General Division. Map Vault, LTSA Field Book PS-FB1789. Victoria. Tab I-12a.

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Figure 17: Maclure Plan of Langley Reserve, April 1864. 61

Brownsville Reserves The Reserves opposite New Westminster do not appear to have been affected by Douglas’ instructions to Brew in April 1864. It is worth noting, however, that in January 1865 the Kwantlen people living at the Reserve made a formal application to Governor Seymour to “change their settlement” from their location on the Indian Reserve at the eastern end of the Government Reserve to where Tsimele'nux was living. In response to a request by the Colonial Secretary to investigate the matter Land Commissioner Chartres Brew stated that:

“This is the first time they asked for other ground. They said nothing to me about the land. They complained that their land was full of stumps and was overflowed in summer but I believe the truth is they want to get possession of Simlannok's little cultivated patch and I do not think it would be at all just to give it to them. It would be no disadvantage if they returned to Langly [sic] but if they wish to be near New Westminster and they cannot live where they are, they can reside on the Indian reserve which is marked out below the Town.”62

61 MacClure, “Plan of Indian Reserve: Langley, Situated on Right Bank of Fraser River,” April 1864. Land Title and Survey Authority of British Columbia, Map Vault, 13T1A Indian Reserves. Victoria. Tab I-12b. 62 Brew, Magistrate New Westminster to Colonial Secretary, 23 January 1865. BC Archives, GR 504 (F52/B77.3) Provincial Secretary, Correspondence, R - Reserves 1859-1874, Microfilm reel B-11011(2). Tab I-13a. Unfortunately the original letter from Colonial Secretary to Brew, ca. 23 January 1865 (No. 65)

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In reply the Colonial Secretary stated on 25 January 1865 that: “We cannot give them Simlannock's land.”

MacMillan Island McMillan Island Reserve also appears to have been unaffected by the events of April 1864. Protection from alienation by white settlers appears to have continued for McMillan Island itself. It is worth noting, however, that in 1865 Chartres Brew granted special permission for Charlie, self-identified as a Katzie Indian, to settle on what is now known as Brae Island, to the west and across the slough from the Reserve.

First Nations people were prohibited under the land laws in place at the time from making formal pre-emptions of land. Although Brew does not appear to have made any designation of the land as Indian Reserve, Charlie was permitted to settle on Brae Island under Brew’s verbal promise of Government protection for his holding. Charlie (also known as “Charley Brew”), later related that in 1865,

"I went to Mr. Fouquet the priest, and asked him where I could have some land to put up a house. Mr. Fouquet sent me to Mr. Brew who told me 'you can put up you house there on the island, and I will take care of you, and I will not allow anybody to interfere with you.' I am a Keatsie Indian. This is a small island and is overflowed every year at high water, and even year before last the floor of the house was under water." 63

Seven years later Charlie approached then Assistant Commissioner of Lands and Works at New Westminster, F. G. Claudet and stated that he had been living on the island under permission from Brew and that, “he wished to know if there was any danger of his being interfered with by whitemen.” 64 Claudet recommended to the Commissioner of Lands and Works that Charlie “be allowed to remain on the Island which, I am told, would not be sought after by whitemen, if it were unoccupied, owing to its being nearly all submerged at high water.” 65 has not been located. The Indian Reserve "below the Town" appears to have been the one marked out during the Royal Engineer's survey, opposite to Poplar Island, described in 1867 as: “Three lots at the mouth of the North Arm of the Fraser,” Trutch, Chief Commissioner of Lands and Works to Acting Colonial Secretary, 28 August 1867. Papers Connected with the Indian Land Question (Victoria, 1875): 41-43; later defined as Indian Reserves Nos. 1, 2, and 3 (at Lots 145, 146, and 154; lying between the North Arm of the Fraser and 6th Avenue, New Westminster).

63 F. G. Claudet, Assistant Commissioner of Lands and Works to Chief Commissioner, 26 November 1872. BC Archives GR 983 File 2. Department of Lands and Works Correspondence, File 406/72. Victoria. Tab I-14a. 64 64 F. G. Claudet, Assistant Commissioner of Lands and Works to Chief Commissioner, 26 November 1872. BC Archives GR 983 File 2. Department of Lands and Works Correspondence, File 406/72. Victoria. Tab I-14a. 65 Ibid. Brae Island is now significantly larger than it was in the past. Relatively rapid changes in the sandbanks between McMillan Island and the south bank of the Fraser River caused by the accretion of sand and gravel deposited over time were first recorded in the 1870s. The sandbanks accreted to such an extent along the southern shore of McMillan Island that ships could no longer anchor within 400 yards of the

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In recognition of the fact that Charlie had technically fulfilled the requirements of a pre- emption through his improvement of the land, and in light of the fact that he had undertaken those improvements, “under an assurance from the late Mr. Brew that the land would be secured to him,” special permission was granted from the Lieutenant Governor in Council in 1872 for Charlie to legally pre-empt the land. 66 As the island was unnamed, the name “Brew Island” was assigned to it; and the pre-emption record of “Charley Brew” for about 160 acres was registered at the New Westminster land office (Figure 18).67 Note that neither the description in the claim, nor the attached map, referred to McMillan Island as an Indian Reserve.

Hudson’s Bay Company wharf (Cherrington, 1992). In a recent study of Brae Island Park it was suggested that the construction of the first Haldi Bridge between the Fort Langley property and McMillan Island in the 1920s may have accelerated the build-up of sand and gravels there. Air photos from 1938 indicate that “a significant portion” of Brae Island was then located under the waters of the Bedford Channel. The study concluded that while it was “possible that northern portions of the island, south of the unnamed channel, existed prior to the turn of the century [they] were likely too small, exposed, and undesirable for human habitation.” (Greater Vancouver Regional District Brae Island Regional Park Management Plan, 25 November 2005, pp. 20-22). 66 J.J. Young, “Copy of a Report of a Committee of the Honorable the Executive Council, approved by his Honor the Lieutenant-Governor on the 3rd day of December, 1872.” Appendix A to “Report of the Government of British Columbia on the Subject of Indian Reserves,” in Annual Report of the Department of the Interior for the Year Ended 30th June 1875. London, Spottiswoode and Co.: lv. Tab I-14d. Walkem, Chief Commissioner of Lands and Works to F.G. Claudet, Assistant Commissioner, New Westminster, 3 December 1872. BC Archives, GR 440, British Columbia Lands and Works, Letterbooks, Volume 1, File 406/72, Microfilm reel B-6073. Victoria. Tab I-14b. In the official report of British Columbia on Indian Reserves of 1875 Attorney General Walkem used this pre-emption as example of how, with special permission, First Nations people could pre-empt land. Walkem stated that, “As late as 1872, a Fort Langley Indian received permission to pre-empt 100 acres of land upon his practically proving that he could intelligently cultivate it. … The above Section is now in force, but the practice of giving these permissions has been discontinued, lest it should interfere with the Dominion policy of concentrating the Indians upon Reserves.” Walkem, Report of the Government of British Columbia on the Subject of Indian Reserves, Attorney-General Victoria, 17 August 1875. Annual Report of the Department of the Interior for the Year Ended 30th June 1875. (Ottawa, 1875): xlix. Tab I-14d. 67 Charley Brew, New Westminster District, Pre-emption Record No. 976, 27 December 1872. BC Archives, GR 112 British Columbia Lands Branch, Pre-emption records, Volume 97, file 976. Victoria. Tab I-14c.

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Figure 18: Sketch map attached to pre-emption application of Charley Brew, December 1872.68

No documents were located which indicate the fate of this pre-emption. 69 The land does not appear to have been surveyed and Brew Island itself does not appear to have been assigned an official District lot number.70 Brae Island is now a Regional Park.

68 Charley Brew, New Westminster District, Pre-emption Record No. 976, 27 December 1872. BC Archives, GR 112 British Columbia Lands Branch, Pre-emption records, Volume 97, file 976. Victoria. Tab I-14c. 69 The Greater Vancouver Regional District commissioned a study of Brae Island Park in 1995 that “consulted historical directories and maps, and conducted historical title searches,” (Greater Vancouver Regional District Brae Island Regional Park Management Plan, 25 November 2005, p. 20). No mention is made within the Park Plan of Charlie’s pre-emption record, or any subsequent title information for the property. The historical study referred to in the Park Plan was not reviewed. 70 The eastern section of the island falls within Township 11, the eastern section within Township 12. Subdivision surveys for these Townships were undertaken in 1874, and 1877. Neither plan of survey indicates any areas of settlement or cultivation on the island. J.W. Carey, Subdivision and Survey of Township No. 11, New Westminster District, B.C., August - December 1874. Natural Resources Canada, Canada Land Survey System, FBBC1130 CLSR BC. Ottawa: 113 Tab I-23a; G. Turner, Plan, Portion of Township No. 12, September 1877. Land Title and Survey Authority of British Columbia, Surveyor General Division. Map Vault, Field Book 25/77, New Westminster, Group 2, P.H. 4. Victoria. Tab I-23b.

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Trutch Reserves 1865-1869 No additional Reserves were set apart for the Kwantlen during Governor Seymour's administration. The Whonock Reserve, however was substantially reduced during this period, and the Reserve set apart for the Saamoquâ completely disappeared. These reductions were overseen by Chief Commissioner of Lands and Works Joseph Trutch and the resulting Reserves are generally referred to as the “Trutch Reserves.”

The events surrounding the reductions of Reserves on the lower Fraser River have been generally described by Fisher, Harris, and others.71 The focus of settler complaints concerning the Douglas Reserves set apart on the lower Fraser was centered on the Sumas, Chilliwack and Matsqui prairie lands. There does not appear to have been any particular issue with the Reserves as laid out at Whonock and Saamoquâ by McColl. Nonetheless, these Reserves had been marked out by McColl at the same time as those considered problematic, and ultimately suffered the same fate. The Langley Reserve (No. 5) although surveyed by McClure at the same time as those marked out by McColl is mentioned only in passing by Trutch during his investigations into the circumstances surrounding the allocations of Reserves on the Fraser in April 1864.

According to newspaper accounts, there was an almost immediate response to the Douglas Reserves of April 1864 from white settlers, even before the completion of the surveys. An article in The British Columbian of 27 April 1868 refers after the fact to the meeting between Douglas and the Lower Fraser First Nations and to Douglas and Brew's instructions to McColl:

“The Last "Potlatch" - It is pretty generally known that shortly before vacating Government House Sir James Douglas held a grand "Potlatch" at which most of the Indians living on the Lower Fraser were present, and amongst whom as was his Excellency's wont, "biscuit and molasses" were distributed. But it would appear that on this occasion something more was potlatched, as several of the Somass white settlers are down, who aver that seven or eight miles square, including their ranches, were given to the Indians on that day!”72

On 4 May, the British Columbian published a Notice of Motion intended to be put to the Colonial Legislature by the representative of the Yale and Lytton Districts calling for an investigation by the Governor into the circumstances under which Reserves, in the Chilliwack Valley and elsewhere:

“are being made for the benefit of the Indians, and whereas such reservations are considered to be unnecessarily large, and in several instances including lands already pre-empted and improved by actual

71 R. Fisher, “Joseph Trutch and Indian Land Policy” BC Studies (Winter 1971-72): 3-33; C. Harris, Making Native Space (Vancouver, 2002):56-69 72 British Columbian, “The Last "Potlatch",” 27 April 1864. British Columbian, 27 April 1864. New Westminster: 2. Tab I-9a.

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settlers, thereby seriously interfering with the development of the agricultural resources of the Colony.”73

Governor Seymour later correspondence with London suggests that he had been approached by Lower Fraser River First Nations with concerns about the effects of the settlers' complaints on the security of their reserves as laid out under Douglas' instructions:

“On the departure of Sir James Douglas, who had been known by the Indians as a great Chief, the principal Authority in this territory, for upwards of forty years, an impression was allowed to arise among them that their protector was withdrawn and would have no successor. The Fraser River Indians uttered many lamentations over their deserted condition, and it became desirable for me to make myself known to the natives and show them that I had succeeded to all the power of my predecessor and to his solicitude for their welfare. With this object I invited the Catholic priests and others to bring in all the Indians who were willing to come to New Westminster and meet me on the Queen's birthday.” 74

Governor Seymour described the events during this meeting at the former Royal Engineers camp ground at New Westminster on 24 May 1864:

“About three thousand five hundred attended the Summons. … They landed at the site selected for a Public Park, where luncheon was provided at the expense of the Government. I joined them in the afternoon when the enclosed addresses were exchanged between the Chiefs and myself.”75

The British Columbian also reported on the reception:

“The Indian Reception took place on the site of the old marine encampment. His Excellency Governor Seymour and staff arrived on the ground shortly after 12, when the chiefs present, 57 in number, formed a semi-circle in front; three of their number, as representatives of the whole, were presented separately and delivered verbal addresses which were translated into the Chinook by interpreters and into English by the Rev. Pierre Fouquet. This over, His Excellency made a verbal reply in English,

73 Legislative Council (Secret): Notice of Motion: R.T. Smith, Yale and Lytton District, 2 May 1864. The British Columbian, 4 May 1864. New Westminster: 3. Smith, R. T. (1864). Tab I-15a.The resolution was put forward by Smith on 3 May and carried nem. con. ("with no one contradicting."). Resolution: Smith, New Westminster to Legislative Council, 3 May 1864. Journals of the Legislative Council of British Columbia, 21 January 1864 to 4 May 1864 In the 27th Year of the Reign of Her Majesty Queen Victoria, Being the First Session of the First Parliament of British Columbia Victoria: 237. Tab I-15b. 74 Seymour, Governor to Cardwell, 31 August 1864. Great Britain. Public Record Office. British Columbia. Despatches to London 1864, 10594, CO 60/19, pp. 95-98. London. Tab I-16a. 75 Seymour, Governor to Cardwell, 31 August 1864. Great Britain. Public Record Office. British Columbia. Despatches to London 1864, 10594, CO 60/19, pp. 95-98. London. Tab I-16a.

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Figure 19: Portion of signature page from Petition, 24 May 1864. 76

76 Assembled Indian Chiefs of the districts of New Westminster, Fort Yale, Fort Douglas, and Lillooet to Seymour, 24 May 1864. Great Britain. Public Record Office. British Columbia. Despatches to London 1864, 10594, CO 60/19 (enclosure). Copy at BC Archives. GR-1486 Great Britain, Colonial Office Correspondence, Microfilm reel B-1435 London:99-102. Tab I-16c.

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which was translated into Chinook by Mr. Fouquet, and by the three native interpreters rendered in the language of the tribes they represented; and this, if not the most interesting, was certainly not the least novel and amusing part of the performance. As soon as the speechifying was concluded the 57 chiefs received presents from His Excellency, assisted by Capt. Holmes. ... ”77

The content of the verbal address to Governor Seymour was presented to him in the form of a written petition signed by 55 Chiefs from the Fraser River, including Chief Sreten of Fort Langley and Chief Kolasten of Kolakouom (Figure 19). 78 The petition referred to the protection of existing Reserves and the need for additional lands to be set apart and read in part, as follows:

“Please to protect our land, that it will not be small for us; many are well pleased with their reservations, [and] many wish that their reservations be marked out for them. Please to give us good things to make us become as the good white men, as an exchange for our land occupied by white men. Our hearts will always be good and thankful to the Queen, and to you Great Chief. We finish to speak to you.”

Seymour later reported to London that he had responded to the address by the Chiefs, in part that, “As you say there is plenty of Land here for both White men and Indians. You shall not be disturbed in your reserves.”79

Kwantlen Chief Casimer, who had been present, later gave his recollections of this meeting:

“During Governor Seymour's time, it was on the 24th of May and all the Indians were called all the way up and down the river to see the Governor and we were told that the Governor was going to give us some more land and give us reserves, and he said that the Government was going to pay the Indians for the outside lands and that was in his speech. Father Fobre [Fouquet] - he used to be a missionary- he was the Interpreter for this Governor Seymour, and since that speech was made, we have never heard

77 British Columbian, The Celebration, 25 May 1864. British Columbian, 25 May 1864. New Westminster: 3. Tab I-16b. 78 Indian Chiefs of the districts of New Westminster, Fort Yale, Fort Douglas, and Lillooet to Seymour, 24 May 1864. Great Britain. Public Record Office. British Columbia. Despatches to London 1864, 10594, CO 60/19 (enclosure). Copy at BC Archives. GR-1486 Great Britain, Colonial Office Correspondence, Microfilm reel B-1435 London: 99-102. Tab I-16c. The place name “Kolakuoum” is likely a transcription of Whonock. 79 Address: Seymour to "My Indian Friends," 24 May 1864. Great Britain. Public Record Office. British Columbia. Despatches to London 1864, 10594, CO 60/19 (enclosure). Copy at BC Archives. GR-1486 Great Britain, Colonial Office Correspondence, Microfilm reel B-1435. London: 103-104. Tab I-16a.

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anything more about it, and I am tired waiting now for the compensation from the Government.”80

Andrew Phillip, on behalf of Chief John Leon of Chehalis, made a similar statement to the Royal Commission reflecting on the similarities between Douglas’ verbal promises earlier that year:

“And the second governor, Seymour by name, he also had a [verbal] promise in his speech. He said Her Majesty the Queen will divide the revenues in three parts. One third shall remain for the Crown, one third will be spent to the public for roads and other things, and one third shall go to the Indians, the owners of the lands for their lasting support and benefit, and that we shall hold just as much privilege as a white man, and that we must treat the white man the best way possible, and that we shall be treated the same way as if we were brothers.

Chief Charlie of the Matsqui Reserve also made a statement referring to the similarities between Seymour's verbal promises in May, and those made earlier in April by Governor Douglas:

“In the time of Sir James Douglas he made a lasting promise to us Indians, as all the Indians Reserve a lasting support and benefit by the name of Queen Victoria. Also Governor Seymour the second Governor. He also made a lasting promise to us Indians in New Westminster that we will receive or deserving one fourth from all taxes this money for our support and to improve our land. The promises were never kept. If those good promises was kept up by the British Columbia government the Indians would be all rich, and they would be all living comfortably; be as happy as our white brothers today.”81

Despite Seymour's reassurances, pressure from the press and within the Legislature continued throughout the year. When a gathering was held for the next Queen’s Birthday celebration the following year, about six thousand First Nations people from both the coast and the Interior attended.82

80 Meeting with the Langley Band or Tribe of Indians, 9 January 1915. Royal Commission on Indian Affairs for the Province of British Columbia (1913-1916), New Westminster Agency, mf B01456 -B01457. Ottawa: 119. Tab II-27a. Four days later the Chief of the Kwaw-a-pilt village on the Chilliwack River made a similar statement: “When the survey was made by Sir James Douglas, Governor Seymour declared that there would be compensation made to the Indians for the land outside.” Meeting with the Klaw-a-Pelt Band or Tribe of Indians at Chilliwack, 13 January 1915. Ottawa: 187. Tab I-16d. 81 Meeting with the Matsqui Band or Tribe of Indians, 11 January 1915. Royal Commission on Indian Affairs for the Province of British Columbia (1915). Evidence from the Hearings, UBCIC (1978) Transcript of testimony (on line) Vancouver: 142. Tab II-16e. 82 F. Seymour, Governor to Cardwell, 7 June 1865. Great Britain. Public Record Office. British Columbia. Despatches to London 1865, 8242, CO 60/22. Copy at BC Archives. GR-1486 Great Britain, Colonial Office Correspondence, Microfilm reel B-1436. London: 73-77. Tab I-17a.

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Figure 20: Gathering of Indians at New Westminster on the Queen's birthday, 1865. 83

Although no written statement was presented to Seymour at this meeting, the Governor later reported to London that four Chiefs, representing all those assembled, entreated Seymour to “constantly preserve their lands to them and protect them against bad white men and bad Indians.”84

Settler protests against the Douglas Reserves continued, in part supported by the local Press. An article in British Columbian in December 1865 referred again to the “last Potlatch” and stated that,

“One of the very last official acts of our late Governor was to send a couple of surveyors up to the Masque and Chilliwhack prairies, probably the most extensive and really valuable open lands in the Colony, with instructions to survey off as Indian reserves whatever lands the Indians themselves might point out! … and the result is that it would be difficult, in all that extensive range of prairie, for a settler to find room for a farm of

83 Unknown, “Gathering of Indians at New Westminster on the Queen's birthday, 1865,” from C.S. Engle album. BC Archives, Visual Records, Call No. E-03962. Victoria. 84 Address of four native chiefs, representing all the assembled Indians at New Westminster, to Seymour, 23 May 1865. Great Britain. Public Record Office. British Columbia. Despatches to London 1865, 8242, CO 60/22. Copy at BC Archives. GR-1486 Great Britain, Colonial Office Correspondence, Microfilm reel B-1436. London: 79-79a. Tab I-17b.

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the most modest dimensions, without coming in collision with a so-called Indian reserve; and so extravagant were the Indians in their notions that in some instances, we are assured, the reserve amounts to about a thousand acres to each man. ...”85

On February 11, 1867, John Robson, representative from New Westminster presented the following Resolution to the Legislative Council that, “an address be presented to His Excellency the Governor, urging the desirability of having the Indian Reserves of the Colony reduced to what is necessary for the actual use of the Natives, and to have such Reserves properly defined, the remainder to be thrown open for settlement.”86

In February 1867 a petition was delivered to Governor Seymourin part protesting the proposed reduction in Reserve lands on the Fraser River and elsewhere. Seymour enclosed the petition in correspondence with London:

“The Indian Chiefs came down from Lytton on the North, Douglas on the west, the whole of the Lower Fraser in our proximity, and even from the Land of the Euclatows on the Coast, to see me and protest against certain action proposed to be taken by some Members of the Legislative Council.”87

The petition, written in both English and Chinook, was signed by Kolasten of Honok and Sresten of Fort Langley among others (Figure 21), and read, in part as follows:

“The white men tell many things about taking our lands our hearts became very sick. We wish to say to Governor Seymour, please protect our lands, many are our children and some go to school one of them has written this. ... ”88 Seymour later noted his response to the petition, in part as follows:

“... the Indians pray that their Reserves be not interfered with. A Resolution requesting me to curtail such Reserves having passed the Council. A few of these Reserves are doubtless too large, but they shall

85 British Columbian, “The Aborigines and the Soil,” 2 December 1865. British Columbian, 27 April 1864. New Westminster: 1. Tab I-17c. 86 J. Robson, New Westminster Resolution to Colonial Legislature, 11 February 1867. Journals of the Legislative Council of British Columbia, 24 January 1867 to 2 April 1867 in the 30th Year of the Reign of Her Majesty Queen Victoria, Being the Fourth Session of the Legislative Council of British Columbia (Victoria, 1867): 25. Tab I-18a. Following a debate the Resolution was amended with the words "on the lower Fraser." substituted for "of the Colony." The Resolution was then put as amended and carried unanimously. 87 Seymour, Governor to Carnarvon, Parliamentary Under-Secretary, 19 February 1867. Great Britain. Public Record Office. British Columbia. Despatches to London 1867, 3710, CO 60/27. London: 237-240. Tab I-18b. 88 Petition of Lower Fraser, Lytton, Douglas and Euclatow Chiefs to Seymour, Governor at New Westminster, written in both English and Chinook, February 1867. Great Britain. Public Record Office. British Columbia. Despatches to London 1867, 3710, CO 60/27. London: 242-242a. Tab I-18c. Note that the signatures on this petition were witnessed and likely transcribed by L. Fouquet.

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not be reduced without my personal inspection. I replied merely, according to their own mode of expression, that ‘My heart was as good to the Indian as to the white man.’ ”89

Figure 21: Portion of signature page from Petition of February 1867. 90

Despite his assurances to London and to the First Nations present at New Westminster, Seymour did not personally oversee the reductions of Reserves on the Lower Fraser. Trutch, who had not been present during the events in April 1864, undertook an investigation into the surrounding circumstances. Based on statements provided to him by Howse and McColl, and with reference to Brew’s written instructions to McColl, Trutch determined that the Reserves were so extensive because McColl had marked them out based on Douglas’ verbal instructions, rather than Brew’s written instructions. In his

89 Seymour, Governor to Carnarvon, Parliamentary Under-Secretary, 19 February 1867. Great Britain. Public Record Office. British Columbia. Despatches to London 1867, 3710, CO 60/27. London: 237-240. Tab I-18b. 90 Portion of signature page from Petition of Lower Fraser, Lytton, Douglas and Euclatow Chiefs to Seymour, Governor at New Westminster, written in both English and Chinook, February 1867. Great Britain. Public Record Office. British Columbia. Despatches to London 1867, 3710, CO 60/27. London: 242-242a. Tab I-18c.

- 41 - 372 Colonial Reserve Creation 1858 - 1871 Draft 31 October 2010 report on the matter to Seymour in August 1867 Trutch suggested that his preferred resolution was to “disavow absolutely McColl's authority to make these reserves of the extravagant extent laid out by him, and instead to survey off the reserves afresh, either on the basis of Mr. Brew's letter of instructions to McColl, namely, ten acres to each grown man, or of such extent as may, on investigation, be determined to be proportionate to the requirements of each tribe.”91

Under Seymour’s instructions, Trutch, assisted by H.W. Ball, the former Colonial Police Superintendent (who had been military advisor during the 1864 Bute Inlet crisis), visited the McColl Reserves in mid-November 1867:

“ I took occasion at each village to inform the Indians that McColl had no authority for laying off the excessive amounts of land included by him in these reserves, and that his action in this respect was entirely disavowed, but that the Governor would direct that such amounts of land should be secured to the use of each tribe as he should determine to be proportionate to their numbers and requirements and that next spring these reserves would be definitely staked off, and maps of the same given to each chief so that the boundaries thereof should be clearly understood.” 92

There is no indication that this party included an interpreter, or precisely how the information regarding the reductions was conveyed to the communities involved. Previous meetings held at public events had been translated by local religious leaders and did not rely merely on the use of Chinook Jargon to convey information.

Trutch noted that the response to this proposal was favourable:

“ The Indians generally, and indeed without exception as far as we could ascertain, are ready to abide by any decision the Governor may make as to the extent of land to be reserved for their use. They do not seem opposed to relinquishing portions of the lands which, since McColl's surveys, they have been led to consider as set apart for them. They are only anxious to retain their villages and potato patches and such moderate extents of land around them as may be finally reserved by Government for them. They express themselves, however, as much aggrieved at the appropriation by white settlers of portions of the lands which they have hitherto considered as intended for the Indian alone, evidently regarding such settlements as unauthorized intrusions on their rights.”

91 Trutch, Chief Commissioner of Lands and Works to Acting Colonial Secretary, 28 August 1867. Papers Connected with the Indian Land Question (Victoria, 1875): 41-43. 92 Trutch, Chief Commissioner of Lands and Works to Colonial Secretary, 19 November 1867. BC Archives, GR 1372, File 951, Microfilm reel B-1340. Colonial Correspondence, Lands & Works Department (New Westminster), 1867. Tab I-19a. Also published in Papers Connected with the Indian Land Question (Victoria, 1875): 45-47.

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Figure 22: Statement of the numbers of the Indian Tribes on the lower Fraser, November 1867.

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Trutch enclosed with his report a census and other information on each tribe visited, including the both the Whonock and Saamoquâ “tribes” (Figure 22).93

In early October 1868, B. W. Pearse, the Assistant Surveyor-General, accompanied by H.M. Ball, and J. B. Launders, Colonial surveyor, visited fourteen of the Reserves on the Lower Fraser River established by McColl in the spring of 1864 in order to “define and adjust” them according to Governor Seymour’s instructions. Ball later reported:

“ We experienced no trouble with the Indians when the proposal of the reductions was made, and all appeared perfectly satisfied with the reserves laid out for them, as every regard was paid to ensure the enclosure of the ground they had previously cultivated. A great anxiety existed amongst most of the villages to have a final settlement of the limits of their land made, more particularly where the reserves were surrounded by white settlers.”94

Again, there is no indication within the correspondence as to how the information regarding the reductions was conveyed to the communities involved or how the supposed satisfaction concerning these reductions was expressed.

According to Pearse, at this time the reduced boundaries of each Reserve were clearly marked on the ground for later reference by the surveyor:

“This was done by marking trees or planting posts on each frontage, and making accurate sketches for the guidance of the surveyor. ... We took great care to include their potatoe grounds in every case. Where doing so would have involved too large an undivided area, we gave them a second lot. The principle kept in view, was to give them from ten to twenty acres for each adult in the tribe, and an extra quantity for those possessing stock

93 Statement of the numbers in the Indian Tribes on the Lower Fraser, November 1867, enclosure to Trutch, Chief Commissioner of Lands and Works to Colonial Secretary, 19 November 1867. BC Archives, GR 1372, File 951, Microfilm reel B-1340. Colonial Correspondence, Lands & Works Department (New Westminster), 1867. Tab I-19b. This statement is also published in Papers Connected with the Indian Land Question (Victoria, 1875): 45-47. The original of this enclosure has several corrections that do not appear in the published document, including census figures for those tribes marked as “not visited” by Ball and Trutch in November 1867. The annotations also refer to an additional seven Reserves. It is likely that these annotations were made in September/October 1868 when Assistant Surveyor-General B.W. Pearse, Ball and surveyor J.B. Launders made a second visit to the Reserves to actually mark out and survey the reduced Reserves. 94 Ball, H. M. (1868). Correspondence: Ball, Magistrate to Governor Seymour, 17 October 1868. Papers Connected with the Indian Land Question (Victoria, 1875): 52. Victoria. The instructions to Pearse and Ball were not located. The fourteen Reserves referred to in Pearse’s report are those listed in Trutch's statement of November 1867. The four Reserves noted by Trutch as “not visited” have additional information added.

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or horses. This will throw open about 40,000 acres for settlement by white men. ... ”95

Whonock Reserve In his report to Trutch following their review of McColl Reserves Pearse qualified that not “all” communities were perfectly satisfied with the proposed reductions as suggested by Ball. Pearse noted specifically that, “The chiefs of the various villages were with us in nearly every case, and with one exception (that of Who-nock) expressed themselves thoroughly satisfied with the lands allotted to them.” Pearse did not address the specific cause of the dissatisfaction expressed by the Chiefs at Whonock village. In later correspondence, however, Pearse noted that they had presented him with a copy of the certificate issued by Moody indicating the lands which had been reserved by the Government “for the use of the Indians” in 1862. 96

On 3 October 1868, surveyor J.B. Launders was left behind to “to run the lines and complete the survey of the river line,” as had been directed by Pearse. Launders personally re-surveyed Indian Reserves on the Chilliwack River and at Sumas. In his report of 18 December, Launders noted that:

“There were 3 other reserves that I should have surveyed, viz: Matsqui, around the village and their potato patches and grass land ... the weather being so stormy and promising no abatement, I felt justified ... in leaving these for the time, as also the reserve at Wha-nock. I made a great struggle to complete the work given me to do, and should have finished had not the weather continued so set. The 3 reserves above named, you are aware, were subsequently surveyed by Mr. Mohun, C.E.” 97

On 20 November 1868, under instructions from Trutch and from Pearse, surveyor Edward Mohun left Victoria to lay off the Reserves at Whonock and Matsqui. Mohun completed the survey of the Whonock Reserve on 25 November. Mohun later reported to Trutch: “At Whannok I laid off about 100 acres with which the Indians appear perfectly satisfied.”98

95 B. W Pearse, Assistant Surveryor-General to Trutch, Chief Commissioner of Lands and Works, 21 October 1868. Papers Connected with the Indian Land Question (Victoria, 1875): 52-53. These “preliminary sketches” referenced by Pearse have not been located. 96 Ball, Magistrate to Colonial Secretary, 5 January 1869. BC Archives, GR 1372, Colonial Correspondence, F503/2 (enclosure), mf B 1326. Victoria. Tab I-20a. 97 J. B. Launders to Chief Commissioner of Lands and Works, 18 December 1868. BC Archives GR 1372, File 769/14 Colonial Correspondence. Tab I-20b. Also published in Papers Connected with the Indian Land Question (Victoria, 1875): 54-57. 98 E. Mohun, surveyor, to CCL&W and Surveyor General, 3 December 1868. BC Archives, GR 1372, Colonial Correspondence, F1147a , mf B1346 Victoria. Tab I-20c. No instructions from Trutch to Mohun were located; Mohun also noted that in addition to instruction given him by Pearse concerning the Whonock and Matsqui Reserves “Captain Ball desired me to lay off one on the South Bank of the River at Katzie.” These instructions also could not be located.

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Pearse’s instructions to Mohun have not been located. It should be noted that, unlike Launders, who had been on the ground with Pearse and Ball, Mohun was operating from written (or possibly verbal) instructions, which presumably referred to the marked trees or set posts and the “accurate sketches” rendered by Pearse and Launders during their field visits to those Reserves.

Mohun's field notes refer only to the survey of the exterior boundary lines of the Reserve; neither the village site nor potato patches or other areas of cultivation are illustrated. 99 While Mohun’s notes do refer to set posts, it is not evident as to whether these were posts encountered or set by him during the course of survey.

In his report to the Chief Commissioner of Lands and Works Launders referred to Mohun's field notes of the Matsqui and Whonock Reserves and stated that he had, “re- plotted them from [Mohun's] notes and entered them on my plans… and give all the information I can deduce from the notes.” 100 As noted above Mohun provided no information in his field notes concerning the location of areas of residence or cultivation within the reduced Reserve boundaries (Figure 23).

Figure 23: Launder's Plan of the reduced Wanak Reserve, December 1868. 101

99 Mohun, Field Notebook: Whanack Reserve, 25 November 1868. Land Title and Survey Authority of British Columbia, Map Vault, I.R. W. 2, LTSA Field Book IRFB 206. Victoria. Tab I-20d. 100 Launders to Chief Commissioner of Lands and Works, 18 December 1868. BC Archives GR 1372, File 769/14 Colonial Correspondence. Tab I-20b. Also published in Papers Connected with the Indian Land Question (Victoria, 1875): 54-57. It should be noted that Launders plans of the Reserves he himself surveyed in 1868 contain considerable detail regarding the location of villages, cultivated lands and the names of Chiefs. 101 Launders and E. Mohun, “Plan of Wanack Reserve,” December 1868. Land Title and Survey Authority of British Columbia, Map Vault, 19T1A Indian Reserves. Victoria. Tab I-20e.

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On 6 December 1868, immediately following the resurvey of the Whonock Reserve, a petition was sent by “the undersigned Indians of the Honock Indian Village,” through Bishop Durieu, to Governor Seymour protesting the reduction of the Reserve.102 The petition makes reference throughout to the original Reserve as defined by Moody in June 1862. Along with this petition, Chief Kolasten enclosed a copy of the certificate which had been issued to them by Moody for the Reserve lands where they had been living since June of 1862, more than 60 acres of which had been cut-off by Mohun's survey. The petition stated, in part:

“Governor Douglas did send some years ago his men among us to [measure] our Reserve and although they gave us only a small patch of land in comparison to what they allowed to a white man our neighbor, we were resigned to our lot, consequently your memorialists build new houses, cultivated the land to raise potatoes for themselves and their children, and make if possible, some money selling the overplus.”

The protest addressed, not so much the reduction of the McColl Reserve of 1864, but the reduction of the Reserve in their possession since 1862:

“Some days ago came new men who told us by order of their Chief they have to curtail our small reservation, and so did to our greatest grief; not only they shortened our land but by their new paper they set aside our best land, some of our gardens, and gave us in place, some hilly and sandy land, where it is next to impossible to raise any potatoes: our hearts are full of grief day and night, and in fact we have been many days without being able to sleep.”

Both Ball and Pearse responded to Governor Seymour concerning this petition and referred to their field visit in October. Ball wrote:

“The statement made in the report of the Indians of the Honock village is utterly incorrect. Both myself & Mr. Pearse visited this Land and marked off for their use all the Ground they were cultivating and extended the lines so as to include some patches which were shewn us. They have exactly what the quantity promised them by Col Moody, as the written paper was shewn us, and instructions given accordingly” 103

102 Kolasten and others of Honock Indian Village (per P. Durieu) to Seymour, Governor, 6 December 1868. BC Archives, GR 1372, Colonial Correspondence, F503/2 (enclosure), mf B 1326. Victoria. Tab I-21a. Paul Durieu (1830-1899), was a Roman Catholic Bishop at St. Mary's Mission. The petition was signed by Kolasten; Slapken; Tseeatlak; Sltemtem; Saykwlatsa; Skerhalam; Saaha and; Skwayaten.” 103 Ball, Magistrate to Colonial Secretary, 5 January 1869. BC Archives, GR 1372, Colonial Correspondence, F503/2 (enclosure), mf B 1326. Victoria. Tab I-21b. Note that this correspondence was not published in the Papers Connected with the Indian Land Question, although it is attached to the original petition in this file.

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Pearse concurred with Ball and added:

“By a curious coincidence we gave them the same quantity of Land with similar frontage to that assigned them by Col. Moody.”104

The statements of Pearse and Ball were incorrect as to the amount of land at issue (the Reserve allocated by Moody in 1862 was 160 acres; the area of the reduced Whonock Reserve was 92 acres). Pearse and Ball also dismissed out of hand the fact that location of the new, reduced Whonock Reserve cut off those lands on which they had been living and cultivating since at least 1862, and which they had presumed were protected (refer to Figure 15 above). No record of any further investigation into this matter at this time has been located.

On 18 December 1868, the same date of the receipt of Launders report on the Reserve reductions, the Chief Commissioner of Lands and Works published a notice in the British Columbia Gazette that certain “Reserves for the use of the Indians respectively residing thereon, have been defined and staked out at the undermentioned places.” Listed as number 21 is the, “Wha-nock Reserve, 92 acres, on right bank of Fraser River, about four miles above Fort Langley.” The Gazette Notice also indicated that the, “land hitherto supposed to be included in these Reserves will be open for pre-emption on and after the 1st March, next ensuing.”105

In August 1869 Charles Sal-tem-ten, and others, resident at Whonock village, made application to the Department of Lands for a portion of the land which had been cut-off in Mohun’s survey, to be added to the reconfigured Reserve.106 In particular, the application referred to lands east of the new boundary of the Whonock Reserve, (including Lot Nos. 439 and 441). The application contained a brief history of the Whonock claim to these lands and a notice dated April 1863 written by Chartres Brew, which they believed supported this claim, was appended to the application.

In this application, the residents of Whonock Reserve stated that, although they had made their initial application to Governor Douglas in 1862 for a Reserve at the entrance of Shelik Creek, they had had their “homestead” there “long before 1862.”

The application also described their claim to the portion of cut-off lands, which had previously been pre-empted by Cromarty and was currently owned and occupied by a

104 Ball, Magistrate to Colonial Secretary, 5 January 1869. BC Archives, GR 1372, Colonial Correspondence, F503/2 (enclosure), mf B 1326. Victoria. Tab I-21b. 105 Trutch, Gazette Notice: Indian Reserves in Lytton and New Westminster District, 18 December 1868. Appendix: Gazette Notices of Indian Reserves. Papers Connected with the Indian Land Question (Victoria, 1875): 165-166. 106 C. Sal-tem-ten and others to Busby, Registrar-General, 20 August 1869. Papers Connected with the Indian Land Question (Victoria, 1875): 79.

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“Mr. Brady” (now Lot 438). Note that “Mr. Brady” is undoubtedly E. Bradbury, to whom Cromarty’s original interest in Lot 438 had been transferred sometime after 1866.107 Although the people of Whonock acceded to the claim of “Mr. Brady” to current ownership of Lot 438, they wished to make application for additional lands east of the new boundary of the Whonock Reserve, (including Lot Nos. 439 and 441), which had been a part of the reserve allocated by Moody in 1862. The application reads in part as follows:

“2. In 1863, a white man named Cromarty came and took, as his claim, the land upon which our house and gardens were. 3. Having complained to Judge Brew, he gave us, to protect our land against any white man, a note, of which we give a copy underneath. 4. Cromarty left our land and abandoned his claim, but some time after another white man took it, and after him came Mr. Brady, the actual occupant of our land, who assured us that he bought the land and we had no further right on it. 5. Being driven away from our land, we commenced to cultivate a part of the land situated below [west of] Brady's claim, but seeing that is spite of the note given us, which we believed would secure our land to us, we have been dispossessed of it, and fearing the same thing may happen [to] us again regarding our present place, and then find ourselves without any land, we humbly pray your Honor to have our new place surveyed and marked out as soon as possible. 6. We would respectfully demand that our reserve be so marked as to extend along the Fraser, from the corner post of Brady's claim to the corner post of the reserve already surveyed for Whonock Indians. 7. The portion of land we now ask for, namely from corner post of Brady's to the cornerpost of Whonock Indian Reserve, is unoccupied by any white man. Brady himself has advised us to make application to obtain that land as our reserve, in order to put an end to any future dispute of rights and prevent us hereafter from being overwhelmed with grief and sorrow on seeing ourselves without any land to cultivate. ... ”108

Government Agent Bushby forwarded this petition to the Governor:

“The copy of Mr. Brew's note is correct; the Indians brought me the original. I cannot trace Mr. Brady's claim in the office records. The Whonock Reserve, I am informed, extended to Brady's claim, but at the time of the actual survey was reduced to its present dimensions.

107 F.W. Laing notes: “The Crown Grant register shows that on February 1st, 1866 Cromarty transferred his interests to S.P. Moody and Company. From them a transfer was made to E. Bradbury and by him again to Benjamin Springer to whom the Crown Grant was issued [in August 1880].” Colonial Farm Settlers on the Mainland of British Columbia 1858-1893 (1939): 102a. Tab I-4a. 108 Sal-tem-ten and others to Busby, Registrar-General, 20 August 1869. Papers Connected with the Indian Land Question (Victoria, 1875): 79. Note that the originals of this petition and other related documents were not located.

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I am also informed that the space the Indians apply for is uncultivated and unoccupied by any others than themselves, and I am not able to trace any record of the land in the Pre-emption Records of this office. If such should be proved to be the case I would respectfully recommend that the land in question be reserved for the Indian applicants. ... ”109

Despite Bushby's recommendation, Governor Seymour denied the application; Trutch informed Bushby as follows:

“I am now directed to state that as the limits of the reserve for the use of the Whonock Indians, to which tribe I understood the petitioners to belong, as well as of reserves for the various other tribes between Langley and Harrison River, were defined last year after careful consideration of each case and consultation with the various tribes on the ground, it is not deemed advisable to alter the arrangements then made and which have been duly advertised in the Government Gazette. The prayer of the petitioners cannot, therefore, be favourably entertained, and I have to request that you will so inform them... ”110

The lands to which Sal-tem-ten and the others referred, consisted in part, of the boundaries of the original Reserve allotted to them by Douglas in 1862 and advertised in the Government Gazette by Moody in 1862. However, these lands were also within the boundaries of the land staked out by McColl under Douglas’ instruction in 1864, and subsequently cut off during the re-survey under Seymour’s instructions in 1868. No correspondence was located that would indicate any further investigation into this discrepancy.

Saamoquâ Reserve It should be noted that no mention is made by Trutch, Pearse, Ball, Mohun, or Launders, of the Saamoquâ Reserve which had been staked out by McColl in April 1864. The Saamoquâ Reserve appears to have completely disappeared from the record and the lands it had occupied were soon taken up by settlers (Figure 24). On 1 April 1869, William Cromarty Jr. pre-empted what would become Lot 216 and William Cromarty Sr. preempted Lot 215, which is described as being situated on the west side of “Samaqua Creek.”111 These claims were not surveyed until 1875; the surveyor, did not record in his

109 Bushby to Chief Commissioner of Lands and Works, 20 August 1869. Papers Connected with the Indian Land Question (Victoria, 1875): 79-80. Note that Bushby had only recently been appointed to the New Westminster District and stated in earlier correspondence with the Chief Commissioner on 30 July 1869, regarding Indian Reserves in Burrard Inlet: “I must confess that I know nothing about the Indian Reserves of the District, and I have not been long enough in charge to have time to make myself aware of the facts.” Papers Connected with the Indian Land Question (Victoria, 1875): 74 110 Trutch, Chief Commissioner of Lands and Works to Bushby, 18 October 1869. Papers Connected with the Indian Land Question (Victoria, 1875): 79-80. 111 W. Cromarty, New Westminster District, Pre-emption Record No. 666, 30 March 1869. BC Archives, GR 112 British Columbia Lands Branch, Pre-emption records, Volume 95, file 2. Victoria. Tab I-22a. As noted above Cromarty had transferred his preemption on the Stave River to S.P. Moody & Co. in 1866. William Cromarty Sr. (1814-1875), had been a cooper with the Hudson’s Bay Company and was married

- 50 - 381 Colonial Reserve Creation 1858 - 1871 Draft 31 October 2010 field notes any evidence remaining on the ground of the village recorded there by McColl in 1864.112 No evidence was found to indicate any reason for the disappearance of the Saamoquâ Reserve.

Figure 24: Plan showing pre-emption claims within approximate area of Saamoquâ Reserve, 1887.113

Langley Reserve It should be noted that no mention is made by Trutch, Pearse, Ball, Mohun, or Launders, of the Langley Reserve surveyed by MacClure in April 1864. The focus of attention was on the Reserves laid out by McColl. Although Trutch was aware that the Langley Reserve was established during the same period, it appears that he did not consider it during his review of the events of April 1864. The Langley Reserve appears to have continued to be protected from alienation, as indicated by later Provincial surveys undertaken in 1877 and 1878 by G. Turner. The Reserve is shown on the Provincial plan

to Salum'mia aka Jenny Matasqui; their daughter, Mary married Joseph Robson Hairsine. http://www.telusplanet.net/public/dgarneau/B.C.7.htm. The Metis families of Robertson, Cromarty and Hairsine are described in Braches, "Robert Robertson & Tselatsetenate" Whonnock Notes No. 7 (2000/2001) and Braches, ed. "Williamson’s Diary Revisited" Whonnock Notes No. 13 (2005). Lot 454 was later taken up as a homestead on 2 November 1877 by Neil Cameron. 112 Maclure, Township 14, Survey of William Cromerty Senr preemption, 1 June 1875. Land Title and Survey Authority of British Columbia, Surveyor General Division. Map Vault, Field Book 53/1875, New Westminster, Group 2, P.H. 4. Ottawa: 23-27. Tab I-22c. 113 Canada. Department of the Interior. Dominion Lands Branch, “British Columbia. Plan of Township No.14 East of the Coast Meridian, New Westminster District,” 1st Edition, 29 September 1887. Copy at Land Title and Survey Authority of British Columbia, Surveyor General Division. Map Vault, Compiled Township Plans, Volume 11 (926), Historic Records Inventory No. LTSA 5680. Ottawa. Tab II-18c.

- 51 - 382 Colonial Reserve Creation 1858 - 1871 Draft 31 October 2010 of Township No. 12, based on Turner’s township surveys of 1877 and 1878 (Figure 25).114 Turner resurveyed the eastern boundary of the Reserve in May 1878.115

The documents relating to the Trutch reductions on the Fraser River also do not refer to the Reserve at McMillan Island. A map attached to a pre-emption record in 1868 refers to the island as an Indian Reserve, which suggests that it remained commonly known as such and thus protected from alienation from non-Native settlers.116 The Reserve there is also evident in the Provincial Township plan drawn from surveys undertaken in 1874 (Figure 26).117

114 Turner, “Portion of Township No. 12,” September 1877. Land Title and Survey Authority of British Columbia, Surveyor General Division. Map Vault, Field Book 25/77, New Westminster, Group 2, P.H. 4. Victoria. Tab I-23b. 115 G. Turner, “Resurvey of east side of Indian Reserve on North side of Fraser River, Tp. 12,” 8 May 1878. Land Title and Survey Authority of British Columbia, Surveyor General Division. Map Vault, Field Book 28/78, New Westminster, Group 2, P.H. 5. Victoria: 6. Tab I-23c. Turner, “Portion of Township No. 12,” September 1877. Land Title and Survey Authority of British Columbia. Map Vault, Field Book 25/77, New Westminster, Group 2, P.H. 4. Victoria. Tab I-23b. 116 J. Kennedy, New Westminster District, Pre-emption Record No. 636, 20 April 1868. BC Archives, GR 112 British Columbia Lands Branch, Pre-emption records, Volume 95, file 2. Tab I-24a. 117 Carey, “Subdivision and Survey of Township No. 11, New Westminster District, B.C.,” August - December 1874. Natural Resources Canada, Canada Land Survey System, FBBC1130 CLSR BC. Ottawa: 113. Tab I-23a.

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Figure 25: Portion of Plan of Township No. 12 illustrating boundary of Indian Reserve (No. 5).

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Figure 26: Portion of Plan of Township 11, depicting McMillan Island Indian Reserve and village.

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Brownsville Reserves Although the Reserve reductions on the Lower Fraser ordered by Governor Seymour in 1868 did not directly affect the Reserves at South Westminster, the renewal and expansion of Samuel Herring's lease of a portion of the Government Reserve in that year had a similar effect on the Reserve previously set apart there for Tsimele'nux and his family. That Reserve which had originally encompassed all of Lot 1 of the Government Reserve was resurveyed in June, and significantly reduced; the portion of the Government Reserve set apart for the Kwantlen in 1861 appears have been unaffected.

Trutch made reference in 1868 to the Reserve set apart for Tsimele'nux, which in his view had not actually been staked out or properly defined by Turner in 1861:

“ This portion of lot 1 of part of which Hr. Herring desires to make use - does not appear to have been ever positively established as an Indian Reserve but the chief Semilaneh and his family who formerly lived on the site of Government House and grounds - built their lodges on the river front of it in 1861 by permission I understand from Col. Moody, and have there remained ever since. They make no use however of the land back from the river which Herring's cattle have grazed over for years past, and the right to which he now desires to acquire under lease. After inquiry into all the circumstances I think it advisable that a tract of that land along the river bank of about 8 or 10 acres in extent should be surveyed off and definitely established as an Indian Village Reservation and that Mr. Herring should be put in possession of the remainder of this portion of Lot 1 together with Sections A & B under lease at $250 per annum for the whole.” 118

In the sketch attached to this correspondence (Figure 27), Trutch located Herrings land and that land at Lot 1 which Trutch proposed, “to be laid off as a permanent Indian Reserve as colored green.” The house identified as occupied by the “Quotlin Indians” is also located on this sketch although Trutch makes no specific reference to the Indian Reserve which had been defined for their use at that time (i.e. the triangular portion not coloured in sketch).

118 Trutch, Chief Commissioner of Lands and Works to Colonial Secretary, 20 March 1868. BC Archives GR 1372 Colonial Correspondence, File 952/10, mf B-1340. Victoria. Tab I-25a.

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Figure 27: Sketch map illustrating boundaries of reconfigured Reserve, set apart for Tsimele'nux and family, 20 March 1868. 119

Herring's lease was subsequently approved on 29 May 1868 for a ten year period.120 Following approval by Trutch in March, Turner undertook the survey on 2 June 1868. Turner's plan of survey, shown at Figure 28, illustrates the boundaries of the reconfigured

119 Trutch Sketch Map, 20 March 1868 indicating boundaries of Indian Reserve, with reference to Herring's Leased Lands on Lot 1 and Sections A and B. Enclosure to Trutch, Chief Commissioner of Lands and Works to Colonial Secretary, 20 March 1868. BC Archives GR 1372 Colonial Correspondence, File 952/10, mf B-1340. Victoria. Tab I-25b. 120 Herring's lease came under scrutiny by the Government in 1872, particularly with respect to the continued status of Lot 1 as a Government Reserve. The lease forfeited for non- payment of rent in 1876; Herring died in August 1879. Claims by Herring's heirs would continue, however, well into the 20th century.

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Reserve. It is this Reserve which would later be divided in half by Indian Reserve Commissioner G. M. Sproat into Musqueam and Kwantlen Reserves.121

Figure 28: Survey plan illustrating boundaries of the reconfigured Musqueam Indian Reserve, June 1868.122

121 Turner, “Survey of Reserve for Indians opposite Camp N. West,” 2 June 1868. Land Title and Survey Authority of British Columbia, PS-FB 1789, Royal Engineers’ Field Book No. 3. Victoria: 17. Tab I-25c. 122 Turner, “Survey of Reserve for Indians opposite Camp N. West,” 2 June 1868. Land Title and Survey Authority of British Columbia, Surveyor General Division. PS-FB 1789, Royal Engineers Field Book No. 3. Victoria: 1. Tab I-25c.

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Provincial Schedules of Indian Reserves 1871-1873 At Confederation in July 1871, the Dominion (Federal) Government assumed responsibility under the Terms of Union for First Nations communities and their lands.123 In 1871 former Colonial Surveyor General Benjamin Pearse compiled a schedule purporting to list all surveyed Indian Reserves in the Province and forwarded it to the Dominion government.124 Of the four Reserves allocated to the Kwantlen Nation during the Colonial period, only the Whonock Reserve (No. 1), which had been surveyed (and gazetted) in 1868, appears on this Schedule. The Colonial Reserve opposite New Westminster allocated to the “Quontlin” and surveyed in 1861 does not appear on this Schedule, nor does the Langley Reserve (No. 5), allocated and surveyed in 1864.125

A second Provincial Schedule of (surveyed) Indian Reserves was compiled in January 1873 by R. Beaven, Chief Commissioner of Lands and Works. 126 This Schedule also only lists the Whonock reserve (No. 1). This Reserve is described in the Schedule as belonging to the “Whanack Tribe.”

Beaven also compiled Schedule of Government Reserves as indicated on official maps in 1873. 127 This Schedule included those general Government Reserves at New Westminster which were known to have been established by the Colonial Government “for Indian Settlements, Schools, Parks, or other public purposes,” although the precise date of the reservation was no longer known. The entire Government Reserve of 400 acres, “opposite R. E. Camp,” (which included the 1861 Colonial “Quontlin” Reserve), was thus identified as an “Indian Village” Reserve. Poplar Island, one of the Colonial “general Indian Reserves” allocated by Chief Commissioner of Lands and Works Colonel R. Moody prior to 1860, is also listed under this heading.128

123 This responsibility was delegated to the Department of Secretary of State for the Provinces. The Secretary of State functioned as the Superintendent General of Indian Affairs and the Deputy Minister of the Department, as the Deputy Superintendant General. 124 Pearse, “Schedule of All Indian Reserves (surveyed) in the Province of British Columbia,”16 October 1871. Papers Connected with the Indian Land Question (Victoria, 1875): 104-105. Tab I-26a. 125 It has not been determined with certainty that the McMillan Island Reserve (No. 6) was surveyed by the Colonial Department of Lands. 126 Beaven, “Return of All Indian Reserves (surveyed) in the Province of British Columbia,” 13 January 1873 Return To an Address of the Legislative Assembly, for a Return of Indian Reserves. (Victoria, 1873): 2-3. Tab I-27a. 127 Beaven, “Return of Government Reserves From Official Maps,” 13 January 1873. Return To an Address of the Legislative Assembly, for a Return of Government Reserves. (Victoria, 1873): 2. Tab I-27b. 128 Beaven, “Return of Government Reserves From Official Maps,” 13 January 1873. Return To an Address of the Legislative Assembly, for a Return of Government Reserves. (Victoria, 1873): 2-3. Tab I-27b. Three other Government Reserves were listed under this heading: including a “small Island, North Arm 16.8 acres”; a Reserve at lot 32, adjoining to New Westminster, 76 acres and; a Reserve, adjoining lot 34, New Westminster, 522 acres.” The last two of these Reserves are likely those located along the “Trail to False Creek” as indicated on the map of New Westminster District ca. 1872, British Columbia. Department of Lands, Map of Part of New Westminster District, ca. 1872. Land Title and Survey Authority of British

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Figure 29: Portion of Map of New Westminster District, ca. 1872.129

The Kwantlen Colonial Reserves at Langley (No. 5) and at McMillan Island (No. 6) do not appear on either of the 1873 Schedules. Nonetheless, they appear to have been generally known. A.R. Howse, who had been the records Clerk for the Colonial and later the Provincial Department of Lands stated in 1874 that the “Reserve at [McMillan Island] … has been occupied by Indians over one hundred years, although on recent plans it is simply marked as a Government Reserve.”130 As noted above, the Langley Reserve was delineated on official maps compiled by the Provincial Department of Lands in 1877 (Figure 25).

Columbia, Surveyor General Division. Map Vault, 10T1, Roads and Trails. Victoria. Tab I-27c. The “small island” may be a duplicate listing of Poplar Island. 129 British Columbia. Department of Lands, Map of Part of New Westminster District, ca. 1872. Land Title and Survey Authority of British Columbia, Surveyor General Division. Map Vault, 10T1, Roads and Trails. Victoria. Tab I-27c. .The map is undated; date attribution based on reference to “Semiahmoo Waggon Road under Construction.” The widening of the original trail to accommodate wagons began in 1872 (see City of Surrey Planning and Development Department and Donald Luxton and Associates (2005), "Semiahmoo Trail, Statement of Significance," in Semiahmoo Trail Design Guidelines (March 2009):10. 130 Howse, surveyor to Powell, Indian Commissioner [report], 12 October 1874. Library and Archives Canada. RG 10, Volume 7537 File 27150-8-3, MIKAN no. 2039454, Microfilm reel C-14809. British Columbia - Correspondence, Orders in Council and Notes Regarding the Survey of Indian Reserves, 1874- 1914. Ottawa. Tab II-3d. No such plans, however, were encountered in the course of this research, but see survey plan 1874 (Figure 26 above).

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