The Tuscarora Township Squatters

The story of the Six Nations people having been granted land along the Grand River six miles deep on either side of the river, from its mouth to its source, is a very familiar story for most people of Brant County. The story of how the Six Nations, through the years, divested themselves of large tracts and individual Lots is also a story many Brant residents are familiar with. But the struggle to remove and discourage the encroachment of squatters on the Tuscarora Township Reserve, is a story that has not been fully told. It's a story about some settlers who had resided for years on land in Tuscarora Township, improving their farms with homes and buildings, only to be told that Tuscarora was being made a Reserve where only aboriginals could have land. It's also about squatters that tried to take advantage of the naiveté of some aboriginals understanding of the nature of land ownership and still others who obstinately refused to leave the Six Nations Tuscarora Township Reserve.

Because of the swarms of land hungry settlers that were moving westward in the 1830s and 40s aboriginals, the Six Nations in particular, were experiencing difficulties with squatters. A squatter was someone who settled on land they had no title to. This threatened to leave the Six Nations people scattered amongst white settlers in isolated settlements. The settlers were coming into the fertile Grand River valley marking out lots then squatting on them even though it was known to be Indian land. From documents it seems that the squatters were in some cases being encouraged by local aboriginals and the Indian Department while at other times they were discouraged from squatting.

A Report of the Chief Superintendent of the Indian Department, Samuel P. Jarvis, described the problem as, "The intrusion upon, and occupation of these lands, so frequently complained of by the Indians, are in many instances of so long a standing, and the interposition of Government on their behalf has hitherto been so tardy and ineffectual that I really believe that both the Intruders and the Indians doubt the will, as well as the ability of the Government to grant redress. To remove these people in a body from the lands they occupy would be to inflict absolute ruin upon many hundred industrious inhabitants. From information which I have received, I am persuaded that a great many have been induced by persons in the employment of Government to settle upon Indian lands, and have had held out to them the prospect, that at no distant day the lands thus acquired would be confirmed by Patent under the Great Seal of the province. The evil has now reached to such an extent that unless some prompt and energetic measures are adopted and enforced by Government, the Indians must soon be deprived of the best portions of their inheritance . . . As the condition of these lands has arisen partly from the imbecility and the neglect of the Government in not protecting the interests of the Indians, a medium course should be pursued."

In the beginning this did not seem to be such a problem. White settlers it was believed would help aboriginal farmers improve their agricultural skills by providing a good example. But when the masses of settlers began coming it seemed like control of the squatter problem was being lost. Along with the occupation of their land, the Six Nations complained that squatters were opening numerous roads through the virgin Tract without their permission. The squatters complained that the lack of roads was an obstacle to the settlement and improvement of the surrounding country because it created difficulties trying to move in or through the Grand river Tract. Settlers in other areas were subject to laws requiring them to maintain roads through the area they occupied. But the Indian land was not subject to these laws and this created the problem which some squatters tried to solve by creating their own roads. The Six Nations also complained that, "They frequently open small grocery shops, or stores where spirituous liquors are sold to the Indians, and that the Indians will not only buy some, but will part with their clothes, presents, guns and etc. to procure it." Alcohol was a continual problem which the Government tried numerous times to control through Acts outlawing this practice. In 1801 it was made illegal, in 1835 a fine of 5 pounds was imposed and in 1840 it was increased to 20 pounds. It was problems like these that were forcing the Six Nations and the Government to deal decisively with the squatters.

When it was decided to have a Reserve exclusively for members of the Six Nations another problem developed. No matter where the Six Nations chose, there were white settlers squatting. If an area was to be given solely to the Six Nations, some squatters would have to give up their land. When asked the Six Nations chose the area, now called Tuscarora Township, south of the upper Grand River for their reserved land.

When the time came to clear the land for the Indians, the authorities had a very difficult time removing settlers, some of whom it was said, had spent eight to ten years developing their farms. This unfortunate situation would have inevitably led to one squatter on the Tuscarora side of the township line having to leave while his neighbor squatting on the Brantford side of the township line was allowed to keep his land. The apparent inequity was overshadowed by the aboriginal's right to control their own land.

The Government in trying to deal with the situation on May 11, 1839 passed the Act 2 Vic. Ch.15, "An Act for the Protection of the Lands of the Crown in This Province From Trespass and Injury." It allowed the Lieutenant Governor to appoint Commissioners to receive information and inquire into complaints made to them against persons illegally taking possession of Indian land. Such a person would be told to leave within 30 days. If this was not complied with the Commissioners could issue a warrant to the sheriff to have him ejected. If this person returned, he could be jailed for 30 days and possibly made to pay a fine not exceeding 20 pounds. All moneys collected were to be paid to the Crown on behalf of the Province or appropriated for the benefit of the Indian tribes.

In January 1840 Commissioners were appointed to carry out the provisions of the Act. The Statute was first used on the Six Nations Reserve and judgments were entered against a large number of what the Government called, "intruders." They were ordered to leave and the sum of 700 pounds was eventually gained for the Six Nations' funds through the legal actions against what the Government described as the, "plunder and trespass then being committed upon the tract."

An example of the previous law was the case of Burril Baker who was charged with illegally being in possession of Six Nations land. James Winniett, the Six Nations' Superintendent, and a Commissioner signed a warrant that stated 30 days had expired since Baker had been given due notice to remove himself from the land he was in possession of. Since he had not left, the Warrant ordered the Sheriff to Eject and Remove him.

In August 1840 John W. Gwynne, a Toronto Barrister, with Six Nations' Superintendent James Winniett was sent to investigate the nature of the claims of persons in possession of land along the Grand River and the extent of their improvements. Improvements meant houses, barns and sheds that were added to the original property. He was also to make recommendations about improving the situation. On Tuesday, August 18, 1840 Gwynne held a meeting at Doyle's Inn in Brantford where all parties claiming Indian Land could come and present proof of their claims. His report recommended that the Government take control of the squatter situation, by selling the land on behalf of the Six Nations. He also recommended the whole tract be surveyed and appraised for the purpose of facilitating the sale of the lands and settling the Indians better.

Gwynne's recommendations were nothing new. Sir John Colborne, Lieutenant-Governor of Upper Canada, had suggested the establishment of Reserves and the selling of Indian land as early as 1829 to reduce the expense of the Indian Department. These changes were also supported by Sir James Kempt, the Administrator of Lower Canada. Sir George Murray, Secretary of War and the Colonies, approved of these changes in policy in 1830. So Gwynne was just following the new policy of the Indian Department.

An Order in Council dated November 27, 1840, which was based on the above Report, recommended that the Six Nations surrender their land to the Government who would keep it in trust and sell it for their sole benefit. It also recommended, "That all persons reported as resident settlers, up to the date of the present Order in Council, be considered the first applicants, and entitled to the right of preemption (first chance to purchase) for six calendar months thereafter." This would allow established squatters outside of Tuscarora Township to purchase the land they lived on before the general public had a chance to buy it.

On January 15, 1841, the suggestion was put to the Six Nations that their lands be disposed of to the Crown to be sold on their behalf at auction. After discussion and debate this was agreed to on January 18, 1841. It seemed to the Government to be the wisest solution to the difficult situation.

But it does not seem to have been approved of by all Chiefs. There was some dissent amongst aboriginal leaders as to this solution. Six Chiefs of the Six Nations eventually signed the Instrument surrendering the land. Another delegation approached Lord Sydenham, the Governor General, to express their dissatisfaction but by that time the disputed surrender had already been ratified and an order issued to divide the land. Chief William Johnson Kerr wrote to Sydenham of their views saying, "the surrender of land made and signed by a few Chiefs last winter, has not given general satisfaction." This was followed by a formal petition to the Governor General by the dissenting Chiefs on July 7, 1841 but nothing ever came of the effort.

With respect to the Six Nations moving to the Reserve, negotiations moved slowly. The difficulties centered mostly on the size of the Reserve until October 1843 when an agreement was reached. An Order in Council dated October 4, 1843 was passed which subsequent proceedings against squatters were based. It described the boundaries of the Six Nations Reserve as, "All the lands south of the Grand river, with the exception of a tier of lots on the plank road from Hamilton to Port Dover, a distance of more than twenty miles along the river." Included with this land was the area around Cainsville, called the Johnson settlement. Originally the Reserve contained 20,000 acres and any other land actually occupied by Six Nations people at that time. But the chiefs thought this would be too small for their needs and convinced the Government they should keep an additional 35,000 acres. Subsequent land surrenders like the 6,000 acres given to the Mississauga Indians in the southeast corner of the Tuscarora Reserve, called the New Credit Reserve, reduced it from 55,000 to 44,900 acres. The Reserve, which is located between Brantford and Caledonia occupies all of Tuscarora township, the southern part of Onondaga township and the western portion of Oneida township in Haldimand County. A Proclamation based on this Order in Council was issued on January 20, 1844 which prohibited trespass on land in Tuscarora township.

In March 1844 squatter James Patton of Lot 13 Con.5 Tuscarora Township wrote of his situation to H. Morin in the following words, "Sir finding that public notice is given to all those who have squatted or rather intruded themselves on the Indian Lands on the Grand River to remove (leave) before the 1st day of April ensuing I am unfortunately with many hundreds more one of these and have spent all the little I possess in putting up a house and clearing a little but in compliance with our good Government have withdrawn myself from the said land although it has reduced me to extreme poverty . . . "

In September 1844 David Thorburn of the Indian Department was appointed a Special Commissioner to help the Six Nations settle on the new Reserve and deal with disputed land claims. He received instructions from Lord Metcalfe to give public notice to all non aboriginals to retire from the Tuscarora Township Reserve prior to January 1, 1845. In reply to this the squatters, headed by Mr. Cheshire and Strong, sent a petition to His Excellency complaining. This was replied to by saying that the Order in Council could not be withdrawn but that the claims of the petitioners would be thoroughly investigated. Thorburn was then directed to submit a separate Report on the case of each settler recommending an amount, if any, each settler might be compensated for improvements. In his April 1846 Report Thorburn stated that the complainants had failed to show that the government had authorized the occupation of these lands by the settlers. He stated that in Tuscarora in 1846, 166 cases of squatters were reported, of which only 31 had arrived prior to 1841. The total amount of compensation recommended for all the white squatters improvements was 8,602 pounds.

After submitting this Report the Government replied that although the squatters had no legal claim for compensation, the Governor General was prepared to act upon the compensation recommended for parties who had settled previous to January 1844. The law was also put into effect to compel their removal. A large number of the squatters accepted the Governments terms. Thorburn sent a list of the squatters he recommended for compensation to authorities and cheques were eventually issued for distribution. Upon proving that they had left the Reserve the cheques were given to individuals. Thorburn reported that 127 had received payment by January 28, 1847.

But a number of the squatters, lead by Mr. Cheshire, who had not come to Tuscarora until after January 22, 1844, or could not prove this, refused to leave so Commissioners Thorburn, Clench and Bain decided to prosecute them as trespassers. The trials took place on December 2, 1846. Documents that were necessary were produced and examined by Chief Superintendent Jarvis and the court upon hearing all the evidence decided against the squatters in every case. They were all served with notices of the judgment and given 30 days to leave the Reserve. They filed an appeal with the Court of Chancery (Supreme Court) which was heard on May 3, 1847. After hearing all the evidence and examining the relevant documents, the convictions were upheld with costs charged to the complainants.

During 1847 the squatters, refusing to give up, petitioned the Legislative Assembly about their claims and grievances. A Committee was appointed to investigate these cases and declared that, "The petitioners were dispossessed by due course of law of the lands they occupied and that such lands are in fact Indian Reserves." They also, like David Thorburn, recommended that a fair and reasonable compensation be given to them.

An example of the legal action taken against the squatters at this time was the case of George Anderson whom in 1847 was squatting on Lot 30 in the third concession of Tuscarora Township. He had, "been duly convicted and . . . the said George Anderson was removed under and by aid of a warrant duly issued upon such conviction . . . " Because he returned to the Reserve the Commissioners decided to, "convict the said George Anderson in the penalty of twenty pounds to be paid to Her Majesty . . . and the said George Anderson shall be convicted to custody in the Common Gaol of the Gore District for the space of thirty days."

The Gore District Municipal Council petitioned the Government in 1848 on behalf of many of the settlers explaining their case. Sir Allan MacNab also petitioned the Government on their behalf but to no effect. The Superintendent General R. Bruce wrote in response to MacNab "under the provisions of the 2 Vic. Ch.15, the Commissioners proceeded against the squatters, and that on appeal to the remodeled Court of Chancery their convictions were again affirmed with costs. On this occasion the Chancellor and Vice-Chancellor both delivered elaborate judgments in this case. The efforts to get rid of the squatters still proving unsuccessful, the 14 Vic. Ch.74, was enacted, giving the Commissioners summary jurisdiction."

A few of the squatters were removed in April 1851. But the Sheriffs received confident assurances from those remaining that they would leave after harvesting their growing crops. So based on the squatters word no further action was taken. But after the crops were taken in several months passed with no action on the part of the squatters. The Sheriffs therefore moved against the remaining squatters removing them in February 1852. This would lead to an accusation by MacNab, in a future Memorial, that the Sheriffs were too harsh ejecting about 17 families in the middle of winter. What he didn't mention in the Memorial was that the squatters had given their word to be gone months earlier. Even though many of those ejected were not eligible to receive compensation for their improvements Thorburn was authorized to give it to them.

Removing the squatters from the Reserve proved costly and frustrating, mostly because they lacked sufficient administrative staff to supervise the job. Between 1846 and 1853 it cost the Indian Department 885 pounds to pursue this task. The Superintendent General of the Indian Department in his 1853 report also stated that from the time of Thorburn's Report to 1853 nine squatters had returned to the Reserve after having received compensation for their improvements and 21 others had entered the Reserve with the intention of squatting on the land. It also said that most of the 157 squatters were finally evicted by 1853.

Between the spring of 1847 and the end of 1848 Thorburn and the chiefs relocated most of the Six Nations families to 100 acre lots in Tuscarora Township. By early 1848, 325 nuclear families (1,271 individuals) had taken up residence on the Reserve. A few families from down river did relocate as late as 1851. With the move the Mohawk village became virtually deserted. It had about 24 houses in 1844 but only four or five families remained in 1856. The other former residents had all sold their improvements to white settlers. It was reported that by 1856 all but 12-15 aboriginal families had made the move to the Reserve.

The last of the hard-nosed self-styled squatters after receiving all the Warrants, Writs, Proclamations, Orders in Council and the decision of the Court of Chancery still could not accept the simple message that was communicated to them over the course of many years. Simply put, 'This land is Indian land.' By 1855 the Superintendent General reported all the squatters gone. After about 14 frustrating years it could truly be said that Tuscarora Township was indeed Indian Land.

List of Tuscarora Township Squatters

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