City of Brantford, A Historical Study of the Applicability of Ontario Provincial Legislation.
This website is funded by the Restore the Haldimand Treaty Project and Mohawk Charitable Foundation.
We will post the events of the timeline in a succinct and linear study to show the application and non-application of the acts of British and the Canadian Parliament, as applied to the lands colloquially known as the Haldimand Tract, an acquired territory under the operation of the Haldimand Documents, namely the Haldimand Pledge of 1779 and the Haldimand Proclamation of 1784, inclusive of the observation of the Royal Proclamation of 1763.
Although some Mohawks of Grand River and the Six Nations people are seen today to be of loyalist descent, the Mohawk had its own laws, and they choose continuity of their ancient forms of governance, and natural-born freedoms. They were United Empire Loyalists as much as and Scot or Englishman but they have never been called that because they were natives. And they have rarely been treated as U.E.L.s.
Joseph Brant was awarded a tract of 950,000 acres on the Grand River in Ontario to which he led 1,843 Mohawk and other Indian Loyalists in 1784 where they settled and established the Grand River Reservation for the Mohawk.
In February 1779, He was commissioned a captain by the British and fought as a war chief throughout the Revolution as the leader of an indigenous-loyalist band. Brant traveled to Montreal to meet with Frederick Haldimand, the military commander and Governor of Quebec. Haldimand commissioned Brant as Captain of the Northern Confederated Indians. He also promised provisions, but no pay, for his Volunteers. Assuming victory, Haldimand pledged that after the war ended, the British government would restore the Mohawk to their lands as stated before the conflict started. After the war, Brant led the Mohawk Loyalists and other Indigenous peoples to a large tract of land on the Grand River; it was granted to the Loyalist Mohawk Posterity in compensation for their losses in the war.
Finally, after rebel forces destroyed Unadilla (6-8 October), he joined forces with Walter Butler to inflict a serious reverse upon the rebels at Cherry Valley on 11 November 1778. These actions attracted the admiration of the distant Lord George Germain, who sent Brant the king's commission as colonel.
Brant's honors and gifts caused jealousy among rival chiefs, in particular the Seneca war chief Sayenqueraghta. A British general said that Brant "would be much happier and would have more weight with the Indians, which he in some measure forfeits by their knowing that he receives pay." In late 1779, after receiving a colonel's commission for Brant from Lord Germain, Haldimand decided to suppress it without informing Brant.
Due to some legal difficulties with the title to the acquired territory, Brant again went to England in 1785, where he was again well received. At this time, he was able to obtain compensation for Mohawk losses in the U.S. War for Independence and received funds for the first Episcopal Church in Upper Canada, but failed to obtain understanding of a firm title to the Reservation, whose legality remains in question today.
What is the study and its focus
Developing a research database of documents and reference records to show the legal transactions and timeline, to ascertain the corrective remedies to restore the Haldimand Treaty using philology. Philology is more commonly defined as the study of literary texts as well as oral and written records, the establishment of their authenticity and their original form, and the determination of their meaning. This approach realizes application and non application of the acts of British Parliament and the Canadian Parliament, as applied to the lands colloquially known as the Haldimand Tract.
Using the study we intend to prove the 12 points as set out in our mission, vision and statement of belief.
Brief explanation of documents relating to the Haldimand Treaty of 1779
- Royal Proclamation of 1763 (Canadas Constitution)
- Haldimand Pledge of 1779 (Ratified Pledge)
- Treaty of Separation in the year 1783 (Canada Conquered)
- Haldimand Proclamation of 1784 (Ratified Pledge realized, International Instrument)
- Guy Carleton (Lord Dorchester) Declaration of Mark of Honor in the year 1789 (Granted to these UEL Mohawk descendants)
- Order in Council. Confirming the Haldimand Proclamation in the year 1791
- Simcoe Patent of 1793 (Joseph Brant and the Grand River Mohawks reject Simcoe's Patent of 1793, Domestic agreement)
In 1791 the Canadian Government confirmed the Haldimand proclamation to uphold the honor of the crown, where the Canadian government was pledged to the Mohawk on the Grand River and the Bay of Quinte. The Mohawk of Grand River remain attached to the crown, not under its protections.
This pledge is embedded in the oath of allegiance to observe the Haldimand Proclamation as a valid standing order, and a duty imposed by law. Failing to observe a duty imposed by law and causes wanton or reckless harm is criminal negligence. Criminal negligence 219 R.S., c. C-34, s. 202.
The municipal council takes the Athenian [Hippocratic] pledge to do no harm, yet by failing to observe the Haldimand as a duty imposed by law, they place "innocent third party purchasers" in harm's way, the Haldimand Proclamation remains operational, and set apart the acquired territory, including the acts that empower Canadian public officials, by acting out of office, these individuals are personally liable for interloping or interfering with this interest, they become Trustee De Son Tort, to service the pledge to the Mohawks of Grand River and Bay of Quinte.
To summerise, On December 24, 1791, Canada became subject to the Mohawk Nation under operation of a formal treaty (Haldimand Pledge 1779, Haldimand Proclamation 1784), Canada is third party to this treaty and cannot initiate any changes, The Faith of the Government was pledged to the Mohawk people, faith is a trust, by taking the Oath of Allegiance, it is a duty imposed by law to observe the pledge to the Mohawk of Grand River on the Acquired Territory, this land was set apart from Canada and Ontario, The Mohawk of Grand River and Crown have no formal treaty to allow entry of Canadian public offices to operate within the territory.
On January 14, 1793, Canada attempted to remove this international liability to the Mohawk by creating a domestic numbered treaty; the Simcoe Patent to replace the Haldimand proclamation which would have voided the Faith Pledged to the Mohawk people and Mohawk of Grand River would have come under the crown protection, as opposed to being attached to it. The Simcoe Patent was rejected and never confirmed by the Canadian government.
To ascertain who is a Loyalist Mohawk Posterity or Loyalist Mohawk Descendant. Mohawk Posterity is named with the greatest certainty in the Haldimand Documents, the Mark of Honor and Canadas only hereditary title was created by Guy Carlton for the people to ascertain their hereditary interest in the Mohawk of Grand River estate, and to ascertain legal standing under the Haldimand Documents as a true and certified Loyalty Mohawk Descendant.
There is no known mechanism to dispossess this Loyalist Mohawk Posterity, in a court of queens bench the opinion was that no incorporation or body politic was formed by the use of the phrase, Mohawk Nation and Such Other"
Stranger refers to a person who is not a party to a particular transaction. In Kirk v. Morris, 40 Ala. 225 (Ala. 1866), it was observed that the word “stranger” was substituted for the words “or some other person.” However, both were intended to mean the same thing, namely, a person not a party to the suit, who acts for the benefit of the defendant in attachment.
Therefore, Federal Band Council, Clan Mothers and Chiefs may not have standing under this document. For certain the Mohawk Posterity is known only by his mark of honor. It remains a hereditary interest and no one has the power to dispossess themself or others of this hereditary interest. Not even Joseph Brant was named in the documents. The promised land was granted to his descendants not Joseph Brant.
Purpose to study to develop a set of questions
Using the study guides and principles the investigation will develop a series of questions to further ascertain the evidence of standing and the roles of the agencies and parties that benefit from the treaty.
The set of questions will be used to address the 12 points as set out in our mission, vision and statement of belief.