R. Donald Maracle, elected Chief of the Mohawks of the Bay of Quinte provides some history as well as the wording of the 1793 deed in the below video:
The Simcoe Deed/Treaty 3 ½
The Simcoe Deed or Treaty 3 ½ turns 230 years old on April 1st 2023.
As early as 1775, Sir Guy Carleton, Governor of the Province of Quebec, promised those of the Six Nations who would fight as allies of the British in the American Revolution, that the King would make up to them whatever was lost during the war.
Later in April 1779, Sir Frederick Haldimand, Governor of the Province of Quebec, confirmed what Carleton had said and promised that the Mohawk communities that had been “ruined” by the American Rebels would be “restored at the expense of Government to the state they were in before” the war. However, when the war ended with the 1783 Treaty of Paris, Britain gave up the Mohawk homelands to the Americans. In recompense for the loss of the homelands and in recognition for their faithful military alliance with the British Crown, the Fort Hunter Mohawks and their allies were to select any of the unsettled lands on the north shore of Lake Ontario.
At the end of the war, when the Fort Hunter Mohawks were still at Lachine, Captain John Deserontyon began requesting a Deed for a new homeland. Some Fort Hunter Mohawks and their allies led by Captain John, about 20 families, arrived on the north shore of the Bay of Kenté (now Quinte) on May 22nd 1784. After the Landing, Captain John continued to request a Deed. He knew, without the protection and affirmation of a Deed, the new village would be under threat. The wait for the Deed was 9 more years.
The Deed itself, dated April 1st 1793, was executed by Sir John Graves Simcoe Lieutenant Governor of Upper Canada. It was considered an open or public proclamation, or “Letters Patent”.
The Simcoe Deed or Treaty 3 ½ outlines:
- the reason for the Mohawk Tract
- a land description for the Mohawk Tract
- how the land is to be used
- a process to dispose of or surrender lands if that was desired
One of the most notable aspects of the Simcoe Deed is the explicit reference to women: “the land is set aside for the Chiefs, Warriors, Women and People of the Six Nations.” The Simcoe Deed set aside the land that was originally called the “Mohawk Tract”.
Wording of the Simcoe Deed echoes back to the promises made by Carleton and Haldimand. The fidelity and bravery of the Six Nations are explicitly referenced. The Simcoe Deed also clearly states the land is being granted in recompense for the losses sustained and to establish a new homeland.
The text of the Simcoe Deed or Treaty 3 ½ is as follows:
George the Third by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith and so forth.
Know ye that Whereas the Attachment and Fidelity of the Chief Warriors and People of the Six Nations to Us and Our Government, have been made manifest on divers occasions by their spirited and zealous exertions and by the bravery of their conduct and We being desirous of shewing Our approbation of the same, and in recompense of the losses they may have sustained, of providing a convenient Tract of Land under Our protection for a safe and comfortable retreat for them and their posterity Have of Our special Grace, certain knowledge and mere motion Given and by these presents
Do give and grant unto the Chiefs Warriors Women and People of the said Six Nations and their Heirs for ever all that District or Territory of Land being parcel of a certain District lately purchased by Us of the Mississague Nation lying and being and limited and bounded as follows (that is to say) the Tract will then be bounded in front by the Bay of Quinte between the Mouths of the River Shannon and Bowens’ Creek about Twelve Miles Westerly by a line running North Sixteen Degrees West from the West side of the Mouth of the River Shannon, and Easterly by a Line running North Sixteen Degrees West from the Mouth of Bowens’ Creek, and Northerly by a Line running East Sixteen Degrees North, and West Sixteen Degrees South at the distance of about Thirteen Miles back from the Bay of Quinte, measured on the Western Boundary aforesaid, to the North East Angle of the Township of Thurlow:
To Have and to Hold the said District or Territory of Land of Us Our Heirs and Successors to them the Chiefs Warriors Women and People of the said Six Nations and to and for the sole use and behoof of them and their Heirs for ever freely and clearly of and from all and all manner of Rents, Fines or Services whatsoever to be rendered by them the said Chiefs Warriors Women and People of the said Six Nations to Us or Our Successors for the same And of and from all Conditions Stipulations and Agreements whatever except as hereinafter by Us expressed and declared.
Giving and Granting and by these presents confirming to the said Chiefs Warriors Women and People of the said Six Nations and their Heirs the full and entire possession Use benefit and advantage of the said District or Territory of Land to be held and enjoyed by them in the most free and ample manner and according to the several Customs and usages by them the said Chiefs, Warriors, Women and People of the said Six Nations
Provided always and be it understood to be the true intent and meaning of these Presents that for the purpose of assuring the said Lands as aforesaid to the said Chiefs Warriors Women and People of the Six Nations and their Heirs and of securing to them that free and undisturbed possession and enjoyment of the same.
It is Our Royal Will and Pleasure that no Transfer Alienation Conveyance Sale Gift Exchange Lease Property or Possession shall at any time be had made or given of the said District or Territory or any part or parcel thereof by any of the said Chiefs Warriors Women and People of the said Six Nations to any other Nation or Body of People Person or persons whatsoever other than among themselves the said Chiefs Warriors Women and People of the said Six Nations but that any such Transfer Alienation Conveyance Sale Gift Exchange Lease or Possession shall be null and void and of no effect whatever.
And that no Person or Persons shall possess or occupy the said District or Territory or any part or parcel thereof by or under pretence of any such Alienation or Conveyance as aforesaid or by or under any pretence whatever under pain of Our severe displeasure.
And that in case any Person or Persons other than the said Chiefs Warriors Women and People of the said Six Nations shall under pretence of any such Title as aforesaid presume to possess or occupy the said District or Territory or any part or parcel thereof that it shall and may be lawful of Us our Heirs and Successors at any time hereafter to enter upon the Lands occupied and possessed by any other Person or Persons other than that said Chiefs Warriors Women and People of the said Six Nations and them the said Intruders thereof and therefrom wholly to dispossess and evict and to resume the same to Ourselves Our Heirs and Successors.
Provided always nevertheless that if at any time the said Chiefs Warriors Women and People of the said Six Nations should be inclined to dispose of and Surrender their Use and Interest in the said District or Territory, that same shall be purchased only for Us in Our Name at some Public Meeting or Assembly of the Chiefs Warriors and People of the said Six Nations to be held for that purpose by the Governor Lieutenant Governor or Person Administering Our Government in Our Province of Upper Canada.
In Testimony whereof We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. Witness His Excellency John Graves Simcoe Esquire Lieutenant Governor and Colonel Commanding Our Forces in Our said Province.
Given at Our Government House at Navy Hall this First Day of April in the Year of Our Lord One Thousand and Seven Hundred and Ninety-Three in the Thirty Third Year of Our Reign.
/signed/ Wm Jarvis Secy /signed/JGS
(a true copy taken from the original 29th December 1809)
John Small
C.Reg.
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