Grand River Mohawks, Legal Posterity

The Grand River Mohawks, Legal Posterity In 1779, Sir Frederick Haldimand, Captain-General and Commander-in-Chief of the Province of Quebec, ratified a pledge to the mohawk of the three villages, and five years later, in 1784, Frederick Haldimand issued a proclamation concluding the transaction of that pledge. Setting the Grand River Territory apart prior to confederation. On December 24, 1791, Canada was required to confirm the Haldimand proclamation to uphold the honor of the crown. The Canadian government pledged its faith to the Mohawks of the Grand River and Bay of Quinte. The proclamation (an imperial instrument) of 1784 has never been formally denounced.

Four Corners of the Instrument and Legal Posterity, Who is technically named? 

HALDIMAND PLEDGE OF 1779, Ratified promise Mohawk of Canojaharie, Tikondarago, and Aughugo HALDIMAND PROCLAMATION OF 1784, Transaction closing promise to Mohawk posterity DORCHESTER’S PROCLAMATION OF 1789, Mark of Honour to discriminate posterity SIMCOE PROCLAMATION OF 1796, Heritage registry to ascertain standing in transaction The Pledge of 1779 was the original intention, only three Mohawk villages were named, and the Six Nations were not included in this document, which leaves the Haldimand Proclamation of 1784 that established the Haldimand Tract. This transactional instrument does include the Five Nations, however, because they are noted as “such others” of the Five Nations they are named as third-party to the transaction.

The term “Such Other” or 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.

Additionally, there is a little known flaw in the Haldimand Proclamation, it does not name anyone in a natural capacity to inherit the interest, this flaw was fixed by Lord Dorchester’s Order-in-Council of 1789 to attach a mark of honor to posterity and the Simcoe Proclamation of 1796, wherein, descendants from the three mohawk villages could register their heritage to ascertain a true beneficiary connection to the ratified Haldimand pledge of 1779. From the Simcoe Proclamation of 1796 … “to the end that their posterity might be discriminated from (the then) future settlers in the parish registers and rolls of the militia of their respective district, and other public remembrances of the Province, as proper objects, by their persevering in the fidelity and conduct so honorable to their ancestors, for distinguished benefits and privileges;" but as such registry has not been generally made; and as it is still necessary to ascertain the persons and families upon the lands now about to be confirmed to them.” 

“Which them (Canojaharie, Tikondarago, and Aughugo) and their posterity are to enjoy forever.”

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DIAGRAM OF PROPER UEL POSTERITY, BY MARK OF HONOR UE, CLAN AFFILIATION (matrilineal), AND INDIAN ACT STATUS (patrilineal, PRE-BILL C-31)

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Grand River Mohawks, Legal Posterity

The Pledge of 1779 was the original intention, only three Mohawk villages were named, and the Six Nations were not included in this document, which leaves the Haldimand Proclamation of 1784 that established the Haldimand Tract. This transactional instrument does include the Five Nations, however, because they are noted as “such others” of the Five Nations they are named as third-party to the transaction. Download (PDF)

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Land Acknowledgements (Golden Thread)

In this study every land acknowledgment has the same inaccurate and non-verifiable statements, the collection shows that on many social fronts the Mohawk are arbitrarily deprived of nationality, national influences (diplomatically and economically), legal distinction, and offensive and defensive military prominence as allies of the British Crown during the American Revolution. Download (PDF)