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  Six Nations Land Claim
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The Haldimand Treaty of 1784
Whereas His Majesty having been pleased to direct that in consideration of the early attachment to his cause manifested by the Mohawk Indians and of the loss of their settlement which they thereby sustained - that a ...   View More
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Purported Surrender No. 38, Dunn Township and parts of Moulton, Canborough and Cayuga Townships - 50,212 acres
Purported Surrender No. 38, Dunn Township and parts of Moulton, Canborough and Cayuga Townships - 50,212 acres

By Purported Surrender No. 38 of February 4, 1834, Six Nations purportedly surrendered to the King for sale an estimated 50,212 acres located in the Township of Dunn and parts of the Townships of Moulton, Canborough and Cayuga.

Subsequent to this Purported Surrender No. 38, various Proclamations, Royal Instructions and Legislations were issued, which outline the requirements for the alienation of Indian lands. These requirements include items such as descriptive plans to be signed, witnessed and attached to the surrenders. Examples of these types of documents are:


•   Royal Proclamation, October 7, 1763

•   Instructions to Guy Carleton, January 3, 1775

•   The Simcoe Patent, January 14, 1793

•   Governor's Instructions, May 1, 1812 (Six Nations were to publicly agree to surrenders)


SEE:   Pre-confederation Documents

Orders-in-Council, wherein the Crown formally accepts and sanctions surrenders, were also to be executed.

In 1831, the Commissioner of Crown Lands issued a public notice advising of rules established by the Government for regulating the disposal of public lands (Indian lands were considered to be "public lands"). Lands were to be surveyed, valued, sold at public auctions and at upset prices per acre and the prices were to be recommended by the Commissioner of Crown Lands. The notice also regulates the terms of payment of purchase money.


ALLEGATIONS

No descriptive plans were signed, witnessed and attached to the Purported Surrender No. 38 in accordance with 1812 Governor's Instructions for the alienation of Indian lands.

Six Nations did not receive full and fair compensation for the lands contained in the Purported Surrender No. 38, for the following reasons:


•   some lands were sold under their appraised value;

•   some lands were not appraised;

•   some lands were obtained by individuals as free grants and no payment whatsoever was made;

•   some lands were taken for public purposes and no payment whatsoever was made;

•   some lands were obtained on the payment of only a patent fee or administration fee.


The Crown has not shown that all the purported sums paid on the lands in the Purported Surrender No. 38 were credited to the Six Nations Trust Fund Accounts.

**This chronology represents preliminary research by Six Nations and will require further work before being made final.
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