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From the "Journal of the House of Assembly of the Province of New Brunswick" Apr.4/1842
These circumstances are mentioned to show the long continued possession of the Indians at this place—a possession—maintained by the blood of their Fathers, and of which it is hoped the Tribe will never be deprived. From this place I next proceeded to the River Tobique, where the Indians have a reserve of 16,000 acres, extending eight miles in front on the River Saint John, and running back the same breadth four miles. On the right bank of the Tobique, at its confluence with the Saint John, stands an Indian Village consisting of thirty families, comprising 123 souls. There are here eleven framed houses and twelve large standing wigwams, They have some land under crop (chiefly potatoes) but much cleared land which appears to have been formerly cultivated has been neglected; bushes have grown up upon it, and it is fast relapsing into a state of wilderness. Fronting on the Saint John, and the left bank of the Tobique, there is a very fine piece of alluvial land called the Tobique Flat, on which a considerable quantity of hay is cut annually. The grass this year has been sold for thirty pounds to a person in the neighbourhood, who agreed to pay in cash, but subsequently told the Indians that money was not to be had and they must take provisions. This it appeared was a customary mode of dealing with the Indians; first to bargain with them for cash at a very inadequate price, and then taking advantage of their necessities, to palm off inferior articles of provision at an exorbitant rate in payment. I endeavoured to prevent it in this instance, by sending a written notice to the purchaser, that he must pay in cash according to his agreement, and also giving the Captain at Tobique an order in writing not to deliver an portion of the grass or hay until he received payment in money, for which he would hereafter account. They have no Chapel here but are exceedingly anxious to get one up, for which purpose they have collected nearly sufficient scantling, with about two thousand feet of boards and twenty three thousand shingles. The Treasurer has Ten pounds in hand collected by subscription for the Chapel. The Rev. Antoine Gosselin comes to this place twice in each year for a short time from Madawaska. He informed me subsequently that he would visit the Tobique much oftener and remain monger it there were a place built for Public Worship. There has never been a School here or the slightest attempt made to educate the rising generation; they are growing up much as they might be supposed to do if there were no civilized people in this Province. In passing up the River, I found the front of the Indian Reserve, for about three miles above the Tobique Rock, cleared and cultivated by squatters, who have built houses and barns, and appear to make themselves quite at ease. They pay no rent, acknowledge no title, and from long impunity have become very insolent and overbearing. Besides occupying the land, they openly plunder the forest in the vicinity o f the most valuable Timber, and dispose of it in the face of the Indians, whom they will scarcely allow to set foot upon the land, and invariably hunt off like wild beasts, if they attempt to look after or prevent the trespasses which are constantly committed. As soon as the purpose for which I came was known, they drew themselves up in hostile array, and would not communicate. One of the Squatters, in answer to an enquiry, told me that he had lived on the land twenty years; that he had been several times sued, sometimes taken to Fredericton and sometimes to Woodstock, but beyond that, nothing had ever come of the suits; and, he supposed, could not. That he would never take a lease of the land, or pay rent, and if driven off, he would burn the buildings and devastate the land. He told me that he came on the land in May, 1840; this year he has put up a house, and got in a crop. He has taken possession of a clay bank, for the purpose of commencing the manufacture of brick, and also of a Mill Privilege, intending to set up a Mill forthwith. I gave him a notice to desist and quit the property, when he admitted that he came there without any authority, merely because he saw many others do so with impunity, and he thought he also might as well have some benefit form the Indian Land. While ranging the front of the Reserve I discovered a quantity of Scantling, (in all twenty one pieces,) cut and hauled to the bank of the Saint John, ready to be taken away. This I seized, and directed the Indians to remove to the Village for security. I then went on to seize some Birch Timber, and while absent, the Indians proceeded to get away the Scantling. The trespasser who had cut it came with a party of men and attempted the rescue. I returned immediately with the party of Indians who accompanied me, when the other party withdrew, and the Scantling was brought off and deposited at the Village. Mr. ____ admitted to me had cut the Scantling without leave; that a Crown Officer had seized it, but told him that he might take it away on settling with the Indians, which he had not done. Much angry feeling was displayed by Mr. ____ and his party on this occasion, and in the mere wantonness they destroyed the canoe of a poor Indian who landed at a store on the opposite side of the River to purchase goods. It was stated to me broadly by Mr. _____ that it had so long been the custom for every person to cut as they pleased on Indian land, that they considered it right and lawful to do so, and if any objection were made (that is, if detected in the act, or before the removal of the Timber,) the payment of Stumpage made all right. I learned at the Tobique that a number of persons had cut Timber on the Reserve during the past winter, and that Mr.____ had been sent up to seize it, with instructions to give it up to the several parties on their satisfying the Indians. Under this arrangement the Indians received the trifling sum of eight pounds four shillings and six pence, chiefly paid in provisions at enormous prices. Mr. ____ cut a quantity of Birch Timber, which was seized; he then promised to pay the Indians at the rate of half a dollar for each tree, but succeeded in getting it away before payment, and now reuses to pay, as do others under like circumstances. I found seven pieces of large Birch Timber just hauled out, which I seized, and I desired him to let it remain there until further orders; he promised that it should not be removed. On my return from Madawaska, I found that it had been carried off. From all these circumstances His Excellency will at once perceive the impropriety of allowing Timber willfully cut on the Indian Reserve, to be given up upon any terms. The only mode of stopping these constant trespasses is to confiscate the Timber in all cases, and when it is found that this course is adopted and rigidly adhered to, the wholesale plunder now going on, will be brought to an end, and the morals of the neighbourhood greatly improved. The Timber seized from Mr. ____ was placed by the Indians with the Scantling intended for their Chapel, and they beg to be allowed to use it in that building."
Moses H Perley first report respecting the Indians of St. John
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