The Icelandic Canadian - 01.03.2004, Blaðsíða 23

The Icelandic Canadian - 01.03.2004, Blaðsíða 23
Vol. 58 #3 THE ICELANDIC CANADIAN 117 they would remove to a Reserve at Doghead further north. And I was further instructed by his Honor in October 1875 that said Treaty had been presented (unclear) and that I should locate the Icelanders on said lands which was accordingly done. And further that in the following year 1876 I laid before Col Provencher the claims of J. Ramsay and other Indians and was informed by him that said Indians had no rights to said lands. (This suggests that Provencher was the anonymous Dominion Indian Agent referred to in Fridrik Sveinsson’s account.) I would therefore submit that having signed the Treaty with Lieut Governor Morris, and previous claims to these lands had such existed (unclear), were extin- guished by their own act, with full knowl- edge and understanding of the same. And further that having acted under the instructions of the Lieut Governor, the government is responsible for the conse- quences resulting from such actions and compensation for any damages must be demanded from the Government and not from the Icelander who was (word unintel- ligible) settled on said lands according to above instructions. In his letter to me of 9th June 1877, the Acting Indian Superintendent refers to the lands at Sandy Bar but in the declaration made by John Ramsay he claims other lands, 3 or 4 miles distant at White Mud River. In 1875 when I applied for the lands now contained in the Icelandic Reserve, there were a few small houses at Sandy Bar, say 3, but none were at White Mud River. These must have been created subsequent- iy- All the houses at White Mud River were purchased and paid for by the Icelanders, John Ramsay himself receiving payment for one. The house timber referred to was lying on the river bank for a long period, and the Icelander who occu- pied the lot was on the most friendly terms with Ramsay. As this Icelander has sold out his improvements to another very deserving and respectable man and has gone to the States it is difficult to say whether the said timber (if used at all as stated) was illegally taken or arranged for between the parties. I am sure that no Icelander wishes to defraud John Ramsay and he will be paid whatever he is fairly entitled to for his house timber, which was of little value. In conclusion I would remark that no resident here knows anything of the said 40 acres of land claimed by Ramsay. A small cultivated plot of less than one acre, not fenced, was formerly used by him before the Treaty. I have invariably impressed on the set- tlers here that they should cultivate a good understanding with the Indians, and I feel assured that the best feeling has always existed here. The result of further inquiry will be duly communicated.18 It is possible Taylor did not receive Provencher’s letter, since New Iceland was under quarantine in the spring of 1877 when the letter was sent, and there were postal disruptions (Kristjanson). Taylor’s arguments that the Saulteaux willingly signed away all rights to the land and that responsibility for compensation lay with the government are mutually exclusive, since one assumes the legality of the land transfer while the other implies a breach in need of redress. Further, the arguments are based in moral rather than legal terms. The argument that the land was barely used does not take into consideration the legal provisions of the Indian Act concerning the rights to occupancy of lands already in use by Aboriginal Peoples. As well, another logic prevails: whether occupancy is in a tent or cabin does not change the claim’s legal status. Taylor challenges Ramsay’s credibility by contradicting Ramsay’s account of his house, the value of the timber and the size of garden plot. He states that Ramsay has already been paid, then says that Olafur Olafsson’s departure makes it impossible to know the legality of the transaction, then concludes that Ramsay would be compensated, but under what conditions of “fair entitlement” Taylor doesn’t say. Taylor first raises doubts about whether Ramsay’s timber was used, then casts doubt on its value. If it was usable, it pre-
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