Peace and Friendship Treaties facts for kids
The Peace and Friendship Treaties are important agreements signed by Britain and various Indigenous peoples. These groups included the Miꞌkmaq, Wolastoqiyik (Maliseet), Abenaki, Penobscot, and Passamaquoddy peoples. They are all part of the Wabanaki Confederacy. These treaties were signed between 1725 and 1779. They covered areas in what is now the Maritimes and Gaspé in Canada, and parts of the northeastern United States.
The main goal of these treaties was to bring peace after wars. They also helped to make trade easier between the groups. These agreements are still important today.
The Halifax Treaties are a key part of these agreements. There are 11 of them, signed in 1760 and 1761. They were signed by different Miꞌkmaq groups and the British in Halifax, Nova Scotia. These treaties finally ended 85 years of fighting between the two peoples.
The Halifax Treaties included promises of loyalty to the British. They also included spoken promises made during special ceremonies. These promises aimed to protect the Mi'kmaq and give them rights like other British subjects. One famous ceremony was the Burying the Hatchet ceremony on June 25, 1761.
Some historians believe the treaties meant the Mi'kmaq gave up their land. Others say the Mi'kmaq did not surrender their land. The words used in the treaties were written in a way that put Indigenous nations at a disadvantage. Indigenous nations and settlers had, and still have, different ideas about land.
Contents
Understanding the Treaties
The Miꞌkmaq people had a special way of making decisions. They used a consensus-based system. This means everyone had to agree. The Mi'kmaq were united by their language, culture, and family ties. But each local community was independent. Each had its own sakamow, or chief.
There was no single leader for all Mi'kmaq. Chiefs often met to discuss important issues. Once treaty terms were agreed upon, messengers would go to each community. The communities would then decide if they wanted to agree to the treaty. After that, they would usually go to a central place, like Halifax, to sign it.
The Mi'kmaq were also experienced in making treaties. They had formed the Wabanaki Confederacy with other groups. These included the Wolastoqiyik (Maliseet), Passamaquoddy, Penobscot, and Abenaki. This alliance might have started even before Europeans arrived. They also had a bigger alliance with the Iroquois and the Odawa. These alliances lasted for hundreds of years.
The Wabanaki Confederacy invited the French to settle in their land in 1603. They kept peace with the French for a long time. However, they never signed formal treaties with the French. The Mi'kmaq did sign an agreement with the Vatican in 1610.
Early Treaties: 1725 and 1726
Britain tried to make treaties with the Mi'kmaq early on. Their first attempts had limited success. The first major treaty was the Treaty of Boston. It was also called Dummer’s Treaty. The Penobscot people negotiated it in 1725. This treaty officially ended Dummer's War. This war had lasted three years between the Wabanaki and the New England Colonies.
One year later, in 1726, the Mi’kmaq and Wolastoqiyik in Nova Scotia and New Brunswick signed a similar agreement. The Abenaki and Passamaquoddy in Massachusetts and New Hampshire also signed it. This agreement is often called Mascarene’s Treaty. It was named after military officer Paul Mascarene. The 1725–26 Treaties were the first peace agreements signed by the Mi’kmaq with Britain.
By signing this treaty, Indigenous peoples agreed to stop fighting Britain. In return, the British promised not to bother Indigenous hunting, fishing, and farming.
Treaty of 1749
The 1725–26 agreement mostly kept the peace. But then King George's War started in 1744. After this war ended, the Governor of Nova Scotia, Edward Cornwallis, invited Indigenous nations to sign a new treaty. He hoped to control lands west of the Missaguash River. He also wanted to confirm their loyalty to the British Crown.
The new Treaty at Halifax was signed by the Wolastoqiyik and the Chignecto Mi’kmaq. This happened on August 15, 1749. It renewed the 1725 Boston Treaty without adding new terms.
However, most other Mi’kmaq leaders refused to attend the 1749 peace talks. They were protesting the governor’s founding of Halifax that year. In response to Mi'kmaq attacks, Cornwallis issued a proclamation. He offered a reward for any Mi’kmaq captured in the region.
War and the Treaty of 1752
Fighting between the Mi’kmaq and the British started in the late 1740s. This began the first part of the Anglo-Micmac War (1749–60). Mi’kmaq fighters, supported by Acadian and French soldiers, attacked the British. This added to the larger French and Indian War (1754–63).
On November 22, 1752, fighting stopped for a short time. A treaty was signed in Halifax by Chief Jean-Baptiste Cope of the Shubenacadie (Sipekne’katik) Mi’kmaq. Governor of Nova Scotia Peregrine Hopson also signed it. The Sipekne’katik First Nation put up a monument in 2002 to honor Chief Cope and this treaty. However, this treaty was cancelled just six months after it was signed.
In 1755, the Mi'kmaq and their French allies fought in Maine. They also attacked colonists in Nova Scotia. This happened during the 1756 raids on Lunenburg. The Anglo-Micmac War continued when the Wabanaki Confederacy sided with France. They fought against Britain in the Seven Years War (1756–63).
After the British captured Louisbourg (1758), Quebec (1759), and Montreal (1760), French power in North America ended. There were only about 300 Mi’kmaq fighters left. The British had many more soldiers. After the French defeat, the Mi'kmaq no longer had guns and ammunition. They needed these for fighting and hunting. The Mi'kmaq immediately asked the British for supplies. They said the French always gave them these things.
By spring 1760, General Jeffery Amherst decided the Mi'kmaq and Acadians were no longer a big threat. He felt British colonial forces could defend Nova Scotia.
The Halifax Treaties
By 1760, France had lost Quebec and other important places to the British. Soon after, the Wabanaki began peace-treaty talks with the British.
A treaty was made by the Wolastoqiyik (Maliseet) and the Passamaquoddy. It was signed in Halifax on February 22, 1760. Later, individual Maliseet and Passamaquoddy communities confirmed it. This happened at Fort Frederick in what is now Saint John, New Brunswick. This Maliseet–Passamaquoddy Treaty became the basis for later treaties. These were signed with individual Mi'kmaq communities in 1760 and 1761.
The first Mi'kmaq treaties were signed on March 10, 1760. Three communities signed: the Sipekne’katik, La Have, and Richibuctou Mi'kmaq. The Treaty of 1761 was completed with communities from Cape Breton, Miramichi, Pokemouche, and Shediac. They all signed on June 25 in a 'Burying the Hatchet' ceremony. The 1761 Treaty was later signed by the Chignecto/Missiquash on July 8. The Pictou/Malogomich signed on October 12.
The Halifax Treaties with the Mi'kmaq did not clearly renew earlier treaties. Some historians say many Mi'kmaq communities had never agreed to earlier Nova Scotia treaties. So, there was nothing to renew. However, others see a connection between the 1726 treaty and those signed in 1760 and 1761. For example, the first six parts of the Halifax Treaties are similar to the first six parts of the 1726 treaty. This suggests that both the British and Mi'kmaq saw the 1726 treaty as the foundation of their relationship.
All the Halifax Treaties started with the Mi'kmaq chief agreeing to the rule of King George over Nova Scotia. The Mi'kmaq promised not to bother British colonists. They also promised to pay for any robbery or violence. They would use law courts to solve problems. They agreed to free English prisoners. They would have nothing more to do with the French. Finally, they would report any French actions against the British.
They also agreed to trade only at government "truckhouses." At these places, they would leave some of their people as hostages. This was to guarantee their good behavior. The Supreme Court of Canada has said this "truckhouse" rule means Mi'kmaq have a right to hunt, fish, and gather. This is to get goods for trade and earn a living. The Court noted that limiting trade with enemies like the French was important for keeping the peace.
Many historians believe the treaties clearly show the Mi'kmaq accepted British authority. The Halifax Treaties do not say the Mi'kmaq gave up their land. The British Crown already claimed control of the land through conquest. Some historians suggest that because the Halifax Treaties did not specifically mention land surrender, the British Crown did not claim the land through the treaty.
Oral promises made during treaty ceremonies are also important. Some historians believe these promises guaranteed the Mi'kmaq the same rights as other British subjects.
At the Burying the Hatchet Ceremony in 1761, Governor of Nova Scotia Jonathan Belcher spoke to the Mi'kmaq. He said the "Laws will be like a great Hedge about your Rights and properties." Belcher told the Mi'kmaq they were now British subjects. He said those in Nova Scotia were "your fellow subjects." He also said the Mi'kmaq would fight alongside other British subjects. They would share the same reasons for war and peace under one King. This is sometimes called Belcher’s Proclamation. It confirmed Britain's plan to protect the Mi’kmaq’s land rights.
The Mi'kmaq Chief from Cape Breton agreed. He said he would be a friend and ally as long as the sun and moon lasted. He promised to follow the government's laws and be loyal to the Crown. The Mi'kmaq began to accept British law, as they had promised. Historian Stephen Patterson (2009) says the British accepted that Mi'kmaq governments would continue to exist. For example, when New Brunswick was created in 1784, Mi’kmaq asked for certain lands to be set aside for them.
Later Treaties: 1778 and 1779
When the American Revolution began in 1775, Americans tried to get the Mi’kmaq to fight against the British. In response, the British wanted to strengthen their peace and friendship with Indigenous allies in Eastern Canada. Michael Francklin, the British Superintendent of Indian Affairs in Nova Scotia, met with the Mi’kmaq. The Mi’kmaq renewed their promise of loyalty to the British Crown.
On September 24, 1778, Wolastoqiyik delegates from the Saint John River area signed an agreement. Mi’kmaq representatives from Richibuctou, Miramichi, and Chignecto also signed. They promised not to help the Americans in the Revolution. They also agreed to follow their "hunting and fishing in a peaceable and quiet manner." When a small group of Mi’kmaq fought the British on the Miramichi, the local Mi’kmaq leaders approved. They allowed the British to capture the rebels. They also removed the rebel chief and appointed a new one. The Mi’kmaq gave the new chief a copy of the 1760 Treaty to sign.
The next year, in 1779, Mi’kmaq chiefs from Cape Tormentine to Chaleur Bay signed a similar peace agreement. This agreement guaranteed fishing and hunting rights. It said the Indigenous people would be "quiet and free from any molestation" by British troops or subjects. This guarantee was later confirmed by the Court of Appeal of New Brunswick in a case called R v Paul in 1980. According to Patterson, most Mi’kmaq did not challenge British authority. Instead, they helped British officials restore peace.
During the American Revolution, the Americans signed the Treaty of Watertown with the Mi’kmaq. This was to get their support away from the British. The Mi'kmaq signed this treaty with the new United States of America. The treaty recognized the Mi'kmaq's right to continue trade. This treaty helped the Mi'kmaq stay neutral during the War of 1812. It also explains why Mi'kmaq returned American sailors to the US without asking for money. Britain or Canada have never formally objected to this treaty.
Some historians say that as Mi'kmaq military power decreased in the early 1800s, they asked the British for presents. This was in exchange for letting the British stay on their land. The British gave presents and educational opportunities. Some see this as a way to further control the Mi'kmaq.
Treaty Legacy
Since the 1900s, descendants of the Indigenous people who signed these treaties have gone to court. They want their treaty rights recognized and protected.
R v Sylliboy, 1927
In 1927, Gabriel Sylliboy, the Grand Chief of the Mi’kmaq Grand Council, was charged with hunting out of season. In R v Sylliboy, the Grand Chief argued that the Treaty of 1752 protected his right to hunt in that area. According to Mi’kmaq law professor Naiomi Metallic, this was the first time treaty rights were used as a defense in court. Sylliboy could not convince the court and was found guilty. In 2017, nearly 90 years later, the Government of Nova Scotia pardoned Sylliboy. He had passed away in 1964.
Simon v The Queen, 1985
In 1980, James Matthew Simon, a member of the Sipekne’katik First Nation (Mi’kmaq) in Nova Scotia, was charged with breaking hunting rules. Simon argued that the Treaty of 1752 gave him the right to hunt and fish freely. The Province of Nova Scotia argued that later conflicts ended these treaty rights.
The case of Simon v The Queen went to the Supreme Court of Canada in 1985. The judges agreed that Mi’kmaq had rights to hunt for food. They ruled that treaty rights had not ended. Simon was found not guilty. This was the first time courts confirmed the rights of the Mi’kmaq people from the Treaty of 1752.
In 1986, a year after the Simon case, Treaty Day was first celebrated in Nova Scotia. It happens on October 1. This is the day the Treaty of 1752 set for renewing friendship. Today, Treaty Day is celebrated every year on October 1. It remembers the signing of the 1760–61 Peace and Friendship Treaties.
R v Marshall, 1993
In August 1993, Donald Marshall Jr., a member of the Membertou First Nation (Mi’kmaq), was arrested. He was charged with breaking fishing rules in Nova Scotia. Marshall argued that the treaties of 1760 and 1761 gave him the right to catch and sell fish. R v Marshall went to the Supreme Court of Canada in 1993. Six years later, in September 1999, the Court ruled. It said that the hunting and fishing rights given to Indigenous people in the Treaty had never ended. So, the descendants of these peoples in the Maritimes and Quebec do not have to follow government rules for hunting, fishing, or land use.
Peace and Friendship
Some historians disagree that the word "submission" in the Treaties means the Mi'kmaq surrendered. They focus on the words "Peace" and "Friendship" in the treaties.
These historians argue that the Mi'kmaq did not surrender. They say Nova Scotia is "unceded Mi'kmaw [Mi'kmaq] territory." To support this, some historians argue that the few hundred Mi'kmaq fighters were strong enough to negotiate. They could make their own demands of the British. Historian John G. Reid says Mi'kmaq military power did not weaken until decades after the French were defeated. Reid says the statements about Mi'kmaq surrender in the Treaties are not the full story. He says there is much evidence that the real goal of the Treaties was to create friendly relationships.
The Mi'kmaq leaders who came to Halifax in 1760 had clear goals. They wanted peace. They wanted safe and fair trade for things like furs. They also wanted ongoing friendship with the British Crown. In return, they offered their own friendship. They also accepted some British settlement, but without giving up any land. To make the treaties truly friendly, Reid says more British settlement would need to be negotiated. In exchange for sharing the land, presents would be given to the Mi'kmaq. Historian Geoffrey Plank says the peace agreements did not state laws about land ownership. But they did promise the Mi’kmaq access to natural resources. These resources had supported them along the coasts and in the woods for a long time.
Reid believes Mi'kmaq military power only started to weaken when more New England Planters and United Empire Loyalists arrived. Economic, environmental, and cultural pressures affected the Mi'kmaq. The original meaning of the treaties began to fade. According to Reid, Mi'kmaq tried to enforce the treaties by threatening force. Some did this during the American Revolution at the Miramichi. However, others like Tod Scott argue that the Mi'kmaq could only keep the British "holed up" in their forts. This was until the French were defeated and the Mi'kmaq lost their supply of weapons (1758). The Supreme Court of Canada also said in R v Marshall that "the British feared the possibility of a renewed military alliance between the Mi’kmaq and the French as late as 1793."
Those who say the Mi'kmaq kept their independence partly rely on the Treaty of Watertown. Again, the Americans made this treaty to get Mi'kmaq support during the American Revolution. The Mi'kmaq signed the Treaty of Watertown with the new United States of America. The Treaty recognized the Mi'kmaq's ability to continue trade. This Treaty was part of why the Mi'kmaq stayed neutral during the War of 1812. It also explains why Mi'kmaq took American sailors back to the US without asking for ransom. Britain or Canada have never formally objected to this treaty or situation.
As Mi'kmaq military power decreased in the early 1800s, some historians argue that Mi'kmaq treaty demands were about expecting the British to give presents. This was for the Mi'kmaq letting them stay on their land. The British responded by giving presents and educational chances. Reid sees this as further control.
