It is only reasonable to assume that Governor McDonnell at once allotted to the settlers who accompanied him their respective lands and pursued the same course towards those who came later; in fact, he states that "the emigrants that arrived last from Sutherlandshire, after seeing the country and being put in possession of their different allotments of land, were so pleased with the flattering prospect before them that they wrote home to their friends," etc. (h) It also appears that in the summer of 1813 or 1814, "the surveyor of the colony, in laying out some lots for settlers, insisted upon running one of his lines through the middle of the garden of the North-West Company's post, which after some opposition was submitted to."(i)

In his prospectus (j) of the colony, Lord Selkirk had announced that to the "settlers lands will be disposed of, either in the way of sale or lease in perpetuity, at the option of the settler, on terms very encouraging to him,” etc. The settler was to be provided with a free passage for himself and family, at an estimated cost of £10, and the price of the land was "to be 10s. per acre, if sold, or if leased in perpetuity, 1s. per annum; every family of settlers may be expected to take up at least 100 acres. They are allowed some accomodation of time for the payment, and 100 acres at the above rate will amount to £50, a nett advantage of £40 after reimbursing the charge of bringing in the settlers. If he should prefer leasing, his rent will in two years repay the charges and will remain afterwards as a clear income to the Proprietor."

The settlers, however, encountered considerable opposition at the hands of the North-West Company of Montreal and differences arose between Governor McDonnell and the representative of that company, which resulted in the serving by McDonnell of the following notice:

(h) Report 1819, p. 28.

(i) Ibid, p. 159.

() Narrative of Occurrences, App. p. 5. London, 1817.

DISTRICT OF
ASSINIBOIA.

} To Mr. Duncan Cameron, acting for the North-West

Company at the Forks of the Red River:

Take notice, That by the authority and on the behalf of your landlord, the Right Honourable Thomas Earl of Selkirk, I do hereby warn you, and your associates of the North-West Company, to quit the post and premises you now occupy at the Forks of the Red River, within six calendar months from the date hereof.

Given under my hand at Red River Settlement this 21st day of October, 1814.

(Sgd) MILES McDonnell. (k)

The North-West Company refused to recognize this claim to the soil and the differences between the companies soon terminated in open violence, resulting eventually in the deplorable massacre of Seven Oaks on June 19th, 1816. During these conflicts the settlers were frequently disturbed in the possession of their allotments and it was not till the summer of 1817, after the proclamation of the Prince Regent, (1) commanding the contending parties to abstain from all further acts of hostility and restore mutually the places and property captured from each other during their recent disputes and remove all blockade or other obstruction interposed by them to the freedom of trade and intercourse with the Indians, and after the arrival of Commissioner Coltman and Lord Selkirk that they were left in undisturbed occupancy of their river farms.

Lord Selkirk, during his stay at Red River, took steps to settle the colonists on their lands in a permanent manner. Mr. Ross (m) relates the way in which this was done.

"His Lordship assembled the emigrants at a public meeting on the west bank of Red River some two miles below Fort Garry, and in consideration of the hardships, losses, and misfortunes they had from time to time suffered, he made them several concessions. To some, who had lost their all, he made a grant of land, comprising twenty-four ten chain lots, in free soccage, the holders merely conform(k) Report 1819–10.

(1) Trials-Report of, at York, 1819, Appendix 2. Rep. 1819, p. 94. (m) Red River, p. 42.

ing to the conditions laid down in the deed of feoffment granted by the Hudson's Bay Company to the Earl. These lots were the only free lands granted to emigrants in the colony. They had lately been surveyed and marked off by Mr. (Peter) Fidler, on the left bank of the river, and two of them (Nos. 3 and 4) were designated by his Lordship as the sites respectively of a church and school for the colony. 'Here,' said his Lordship,-pointing to the lot No. 4, on which the company stood-'here, you shall build your church, (n) and that lot,' said he again, pointing to the next, being No. 3, 'is for a school.' Between the church and school lots there runs a small rivulet, called the Parsonage Creek."(0)

Ross also states (p):

The lots alluded to, as the document (q) informs us, and which we shall transcribe for future reference, "are laid out along a line run by Mr. Fidler in the direction North 12° East, or thereby; lot No. 1 commencing at the distance of one mile, or thereby, from Fort Douglas," which fort was, at that time, situate on the south side or head of the point; "and lot No. 24 ending at Frog Plain. Each lot has a front of 10 chains, or 220 yards, a little more or less, along the said main line, except lot No. 12, which has only 5 chains. The division lines between the lots are at right angles to the main line, and are marked off towards the river by lines of stakes. Each lot is to extend to the distance of 90 chains, or 1,980 yards back from the river, so as to contain 90 English statute acres, besides which, each lot is to have a separate piece of woodland, containing 10 statute acres, to be laid off on the east side of the river, at any place which the Earl of Selkirk or his agent shall consider as most suitable for the purpose. These 10 acres are to be preserved by the occupier as wood-land, and not to be used for any other purpose. Till this wood-land be measured and marked off, the occupiers of the aforesaid lots will be allowed to take wood for building or fire-wood (n) Where St. John's Cathedral now is.

(0) This creek crosses the main highway a little south of the new St. John's College, and falls between high banks into the Red River. (p) Pp. 43-4.

(9) It is not stated what the "document" was, but it may be gathered from the following extract that it was a sort of formal declaration on the part of the Earl as to what his intentions were in regard to the lands of the settlers in general, and a recognition of the special claims of some of them.

from any place most at hand on the opposite side of the river. In case of the lands on the opposite side of the river being laid out in lots for settlement, the settlers in possession of the aforesaid 24 lots, shall have the first offer of purchasing the lots opposite to their own, and they shall not be disposed of at a cheaper rate to any stranger.

In consideration of the hardships which the settlers have suffered, in consequence of the lawless conduct of the North-West Company, Lord Selkirk intends to grant the aforesaid 24 lots gratuitously, to those of the settlers who had made improvements on their lands, before they were driven away from them last year; provided always, that as soon as they have the means, they shall pay the debts which they owe to the Earl of Selkirk, or to the Hudson's Bay Company, for goods or provisions supplied to them, or for other expenses incurred on their account.

Fort Douglas, Red River Settlement,

August, 1817."

(Signed)

SELKIRK.

About the same time Lord Selkirk concluded a treaty with the Indians by which their title to that part of the land occupied by the colonists was extinguished. Ross (r) gives the full text of the treaty as follows:

This Indenture, made on the 18th day of July, in the fifty-seventh year of the reign of our Sovereign Lord, King George the Third, and in the year of our Lord 1817, between the undersigned Chiefs and Warriors of the Chippeway or Saulteaux Nation, and of the Killistino or Cree Nation, on the one part, and the Right Honourable Thomas Earl of Selkirk on the other part. WITNESSETH, that for and in consideration of the annual present or quit-rent hereinafter mentioned, the said Chiefs have given, granted, and confirmed, and do by these presents give, grant and confirm unto our Sovereign Lord the King, all that tract of land adjacent to Red River and Assiniboine River, beginning at the mouth of the Red River, and extending along the same as far as the Grand Forks at the mouth of Red Lake River, and along Assiniboine River as far as Musk-rat River, otherwise called Riviere des Champignons, and extending to the distance of six miles from Fort Douglas (the first colony fort) on every side, and likewise from Fort Daer (at Pembina), and also from the Great Forks, and in other parts extending in breadth to the distance of two English statute miles back from the banks of the said rivers, on each side, together with all the appurtenances whatsoever of the said tract of land, to have and to hold for ever the said tract of land, and appurtenances, to the use of the said Earl of Selkirk, and of the settlers being established thereon with the consent and permission of our Sovereign Lord the King, or of the said Earl of Selkirk. Provided always, and

(r) Pp. 10-2.

these presents are under the express condition, that the said Earl, his heirs, and successors, or their agents, shall annually pay to the Chiefs and Warriors of the Chippeway or Saulteaux Nation the present, or quitrent, consisting of one hundred pounds weight of good merchantable tobacco, to be delivered on or before the tenth day of October at the Forks of Assiniboine River and to the Chiefs and Warriors of the Knistineaux or Cree Nation a like present, or quit-rent, of one hundred pounds of tobacco, to be delivered to them on or before the said tenth day of October, at Portage de la Prairie, on the banks of Assiniboine River. Provided always that the traders hitherto established upon any part of the above-mentioned tract of land, shall not be molested in the possession of the lands which they have already cultivated and improved, till his Majesty's pleasure shall be known.

"In witness whereof, the Chiefs aforesaid have set their marks at the Forks of Red River, on the day aforesaid.

(Signed) "SELKIRK."

Signed in the presence of Thomas Thomas; James Bird; F. Matthey, Captain; P. D' Orsonnens, Captain; Miles Macdonnell ; J. Bste. Chr. de Lorimier; Louis Nolin, Interpreter; and the following chiefs, each of whom made his mark, being a rude outline of some animal.

It is alleged that the meaning of the distance of two statute miles mentioned in the indenture was conveyed to the Indians by stating that they granted to the "Silver Chief" Lord Selkirk-so much land back from the river as there would be at the farthest distance therefrom at which you could distinctly see a horse on the level prairie, or daylight under his belly between his legs. It is open to doubt whether the treaty so concluded was not incorrectly concluded by admitting the claim of the Saulteaux or Chippeway to an interest in the soil, whereas the Crees and Assiniboines (an offshoot of the Sioux) were the owners of the country so far as such wild people can be deemed owners, and the Saulteaux had not entered into the Red River country before 1780, when they were introduced thereto in the service of the North-West Company. (s)

(8) Ross, p. 13. Hargrave, Red River, pp. 76-7.