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TREATY OF 1725

Language used. English to French to Native American

English justice provision: "That, in case of any misunderstanding, quarrel or injury between the English and the Indians, no private revenge shall be taken, but application shall be made for redress, according to His Majesty's Laws."

The following is the "Submission and Agreement of the Delegates of the Eastern Indians" signed at Boston on December 15, 1725:

Whereas, the several Tribes of Eastern Indians, the Penobscot, Naridgwack, Maliseet, Mi'kmaq and other Tribes residing within His Majesty's territories of New England, and Nova Scotia, from whom Loran Arexus, Francois Xavier, and Meganumoe are delegated and fully empowered to enter into Articles of Pacification with His Majesty's governments of the Mass. Bay, New Hampshire and Nova Scotia colonies, have contrary to the several treaties they have solemnly entered into with the said governments made an open rupture and have continued some years in acts of hostility against the subjects of his Majesty King George ...

They being now sensible of the miseries and troubles they have involved themselves in, and being desirous to be restored to His Majesty's grace and favour and to live in peace with all His Majesty's subjects of the said three governments, the province of New York and colonys of Connecticutt and Rhode Island and that all former acts of injury be forgotten. Have concluded to make and we do by these presents, in the name and behalf of the said Tribes, make our submission unto his most Excellent Majesty, George, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, in as full and ample manner as any of our predecessors.

And, we do hereby promise and engage with the Honourable William Dummer Esq; as he is Lieutenant Governor and Commander-in-Chief of His Majesty's Massachusetts Bay and with the [other] Governors [he represents].... We the said delegates for and in behalf of the several Tribes abovesaid, do promise and engage that at all times forever from and after the date of these presents we and they will erase and forbear all acts of hostility, injuries and discords towards all the subjects of the Crown of Great Britain and not offer the least hurt, violence or molestation to them, or any of them in their persons or estates, but will hence forward hold and maintain a firm and constant amity and friendship with all the English, and will never confederate or combine with any other Nation to their prejudice.

That, all the captives taken in the present war, shall at or before the time of the further ratification of this Treaty, be freed without any ransom, or payment to be made for them, or any of them.

That, His Majesty's Subjects, the English, shall and may peaceably and quietly enter upon and improve and forever enjoy all and singular their Rights of God and former settlements, properties and possessions within the Eastern parts of the province of the Massachusetts Bay, together with all islands, inletts, shores, beaches and fishery within the same without any molestation or claims by us or any other Indian and be in no ways molested, interrupted or disturbed therein.

Saving unto the Penobscot, Naridgwalk and other Tribes within His Majesty's province aforesaid and their natural descendants respectively all their lands, liberties and properties not by them conveyed or sold to or possessed by any of the English subjects as aforesaid. As also the privilege of fishing, hunting, and fowling as formerly.

That all trade and commerce which hereafter may be allowed between the English and Indians shall be under such management and regulations as the government of the Mass. province shall direct.

If any controversy or difference at any time hereafter happen to arise between any of the English and Indians for any real or supposed wrong or injury done on either side no private revenge shall be taken for the same but proper application shall be made to His Majesty's government upon the place for remedy or induce thereof in a due course of justice. We submitting ourselves to be ruled and governed by His Majesty's laws and desiring to have benefit of the same.

We also the said delegates in behalf of the Tribes of Indians inhabiting within the French territories who have assisted us in this war for a term we are fully empowered to act in this present Treaty. Do hereby promise and engage that they and every of them shall henceforth cease and forebear all acts of hostility, force and violence towards all and every the subjects of His Majesty the King of Great Britain.

We do further in behalf of the Tribe of the Penobscot Indians promise and engage that if any of the other Tribes intended to be included in this Treaty that notwithstanding refuse to confirm and ratify this present Treaty entered into on their behalf and continue or renew acts of hostility against the English. In such case the Penobscot Tribe shall join their young men with the English in reducing them to reason.

In the next place we the forenamed delegates: Do promise and engage with the Honourable John Wentworth Esq; as he is Lieutenant Governor and Commander in Chief of His Majesty's province of New Hampshire ... that we and the Tribes we are deputed from henceforth erase and forebear all acts of hostility, injuries and discords towards all the subjects of His Majesty King George within the said province and we do understand and take it that the said government of New Hampshire is also included and excepting that respecting the regulating of trade with us.

And further we the forenamed delegates do promise and engage with the Honourable Lawrence Armstrong, Lieutenant Governor and Commander in Chief of His Majesty's province of Nova Scotia or Acadia, to live in peace with His Majesty's good subjects and their dependents in the government according to the articles agreed on with Major Paul Mascarene commissioned for that purpose and further to be ratified as mentioned in the said articles.

The following is the formal agreement in principle signed by the Mi'kmaq and other delegates:

Treaty No. 239 [Better known as the Treaty of 1725]

Articles of submission and agreement, made at Boston, in New England by Loran Arexus, Francois Xavier and Meganumbe, Delegates from Penobscott, Naridgwack, Maliseet, Mi'kmaq and other Nations inhabiting within His Majesty's Territories of Nova Scotia and New England.

Whereas, His Majesty King George, by concession of the Most Christian King, made at the Treaty of Utrecht, is become the rightful possessor of the Province of Nova Scotia or Acadia ... do, in the name and behalf of the Nations we represent, acknowledge His said Majesty King George's jurisdiction and dominion over the territories of the said Province of Nova Scotia or Acadia, and make our submission to His said Majesty in as ample manner as we have formerly done to the King of France.

And, we further promise, on behalf of the Nations we represent, that the Indians shall not molest any of His Majesty's Subjects or their dependents in their Settlements already made or lawfully to be made, or in their carrying on their traffic and other affairs within the said Provinces.

That, if there happens any robbery or outrage committed by any of the Indians, the Tribe or Tribes they belong to shall cause satisfaction and restitution to be made to the Parties injured.

That the Indians shall not help to escape any Soldiers belonging to His Majesty's forts, but on the contrary shall bring back any Soldier they shall find endeavouring to run away.

That, in case of any misunderstanding, quarrel or injury between the English and the Indians, no private revenge shall be taken, but application shall be made for redress, according to His Majesty's Laws.

That, if the Indians have made any Prisoners belonging to the Government of Nova Scotia or Acadia during the course of the War, they shall be released at, or before, the ratification of this Treaty.

That this Treaty shall be ratified at Annapolis Royal. Dated at the Council Chamber in Boston, in New England, December 15, 1725.

The resolution of the following murder case against three French deserters from Quebec demonstrates how the English ignored the spirit of the 1725 treaty. At a Council meeting held at Annapolis on December 9, 1725, Lieutenant-Governor Doucett relayed the following information:

"That three French strangers had come from Quebec seeking refuge, and later, safe passage out of the Province. That they were not in possession of a Quebec Governor's Passport. That they had killed and robbed two Indians. The Board did not believe that they had come as refugees, but rather as spies..."

These men committed murder for the sake of robbery, which is evident from their testimony. Yet at a Council meeting held on May 12, 1726, at Annapolis, the English officials chose to excuse these heinous crimes as follows:

"The Honourable Lt. Governor, laid before the Board a letter, which was sent him from Mr William Wimniett, dated at Minas, the 25th of April, 1726, (as upon file) which being read, he desired the advice and opinion of the Board.

"The letter was in relation to the disposition of the three French prisoners, now that the crimes they committed had been confirmed. The opinion of the Board is that it would be cruelty, as they had come to this Government for protection and shelter for killing two Indians in time of war, to deliver them up to the Indians for justice. Therefore, to prevent the Mi'kmaq demanding them when they come to ratify the peace, the three prisoners will be sent away by the vessels now bound for Boston in New England."

If the English had acted honourably, in the spirit of the treaty they were about to ratify with the Mi'kmaq, they would have tried these men for murder. The freeing of these cold-blooded murderers, who were not even British subjects, demonstrates vividly the contempt the British had for agreements with the Mi'kmaq.

Please Click to read about the Ratification of the Treaty of 1725: http://www.danielnpaul.com/TreatyOf1725Ratified-1726.html

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