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The Treaty of 1752 was a treaty signed between the
In August 1993, in Antigonish, Donald Marshall, Jr. (who was from Cape Breton) caught 463 pounds of eels and sold them for $800 as part of a commercial fishery. He was violating federal laws by fishing without a licence in a closed season with illegal nets. Initially, Marshall's lawyer relied solely on the Treaty of 1752.
The Crown's expert historian Stephen Patterson dismantled the validity of the Treaty of 1752 that was used to support Marshall's case. Dr. Patterson indicated that the treaty did not apply to Mi’kmaq people outside of Shubenacadie and that the treaty was terminated by subsequent hostilities. (Chief Cope renounced and destroyed the Treaty himself six months after signing it.) Marshall's lawyers abandoned his reliance upon the Treaty of 1752, and switched his focus to the
Mi'kmaq people
The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Miꞌkmaw'' or ''Miꞌgmaw''; ; ) are a First Nations in Canada, First Nations people of the Indigenous peoples of the Northeastern Woodlands, Northeastern Woodlands, indigenous to the areas of Canada's ...
of Shubenacadie, Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland".
Most of the population are native Eng ...
and the governor of Nova Scotia on 22 November 1752 during Father Le Loutre's War
Father Le Loutre's War (1749–1755), also known as the Indian War, the Mi'kmaq War and the Anglo-Mi'kmaq War, took place between King George's War and the French and Indian War in Acadia and Nova Scotia. On one side of the conflict, the Briti ...
. The treaty was created by Edward Cornwallis
Edward Cornwallis ( – 14 January 1776) was a British career military officer and was a member of the aristocratic Cornwallis family, who reached the rank of Lieutenant General. After Cornwallis fought in Scotland, putting down the Jacobi ...
and later signed by Jean-Baptiste Cope
Jean Baptiste Cope (Kopit in Mi’kmaq meaning ‘beaver’) was also known as Major Cope, a title he was probably given from the French military, the highest rank given to Mi’kmaq. Cope was the sakamaw (chief) of the Mi'kmaq people of Shubenac ...
and Governor Peregrine Hopson
Peregrine Thomas Hopson (5 June 1696 – 27 February 1759) was a British army officer who commanded the 40th Regiment of Foot and saw extensive service during the eighteenth century and rose to the rank of Major General. He also served as Britis ...
. Cornwallis was at the signing at Cope's request.
Legal invocation
In 1928, Mr.Gabriel Sylliboy
Gabriel Sylliboy (18 August 1874 – March 4, 1964) was the first Mi'kmaq elected as Grand Chief (1919) and the first to fight for the recognition by the state of Canada of the treaties between the government and the First Nations people.
Early l ...
was the first to invoke the Treaty of 1752 in the courts ( R. v. Sylliboy). He was Mi’kmaq Grand Chief. He was charged in Inverness County, Cape Breton, with possession of muskrat and fox pelts, in violation of the provincial Lands and Forests Act. The judge claimed that the 1752 treaty only applied to a small band of Mi’kmaq at Shubenacadie, located in central Nova Scotia, and therefore did not apply to Syliboy who was from the Whycocomagh Reserve in Cape Breton.
In 1985, Mr. Simon from Shubenacadie invoked the Treaty of 1752 in the courts (R. v. Simon). The courts reported that the treaty protected hunting rights for those from Shubenacadie. The court also indicated that there was not enough evidence uncovered at that time to determine if the treaty was terminated by subsequent hostilities. The court did not countenance any aboriginal rights to hunt and fish commercially.
In August 1993, in Antigonish, Donald Marshall, Jr. (who was from Cape Breton) caught 463 pounds of eels and sold them for $800 as part of a commercial fishery. He was violating federal laws by fishing without a licence in a closed season with illegal nets. Initially, Marshall's lawyer relied solely on the Treaty of 1752.
The Crown's expert historian Stephen Patterson dismantled the validity of the Treaty of 1752 that was used to support Marshall's case. Dr. Patterson indicated that the treaty did not apply to Mi’kmaq people outside of Shubenacadie and that the treaty was terminated by subsequent hostilities. (Chief Cope renounced and destroyed the Treaty himself six months after signing it.) Marshall's lawyers abandoned his reliance upon the Treaty of 1752, and switched his focus to the Halifax Treaties
The Peace and Friendship Treaties were a series of written documents (or, treaties) that Britain signed between 1725 and 1779 with various Mi’kmaq, Wolastoqiyik (Maliseet), Abenaki, Penobscot, and Passamaquoddy peoples (i.e., the Wabanaki Confe ...
of 1760-61.
See also
*Treaty Day (Nova Scotia)
Treaty Day is celebrated by Nova Scotians annually on October 1 in recognition of the Treaties signed between the British Empire and the Mi'kmaq people. The first treaty was signed in 1725 after Father Rale's War. The final Halifax Treaties of 1 ...
*Military history of Nova Scotia
Nova Scotia (also known as Mi'kma'ki and Acadia) is a Canadian province located in Canada's Maritimes. The region was initially occupied by Mi'kmaq. The colonial history of Nova Scotia includes the present-day Canadian Maritime provinces and th ...
*Military history of the Mi’kmaq People
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
* Treaty of Portsmouth (1713)
The Treaty of Portsmouth, signed on July 13, 1713, ended hostilities between Eastern Abenakis, a Native American tribe and First Nation and Algonquian-speaking people, with the British provinces of Massachusetts Bay and New Hampshire. The agree ...
*Treaty of Casco (1678)
The Treaty of Casco (1678) was a treaty that brought to a close the war between the Indigenous Dawnland nations and the English settlers. There are no surviving copies of the treaty or its proceedings, so historians use a summary by Jeremy Belkn ...
*Treaty of Watertown
The Treaty of Watertown, the first foreign treaty concluded by the United States of America after the adoption of the Declaration of Independence, was signed on July 19, 1776, in the Edmund Fowle House in the town of Watertown, Massachusetts Bay. ...
* Halifax Treaties
The Peace and Friendship Treaties were a series of written documents (or, treaties) that Britain signed between 1725 and 1779 with various Mi’kmaq, Wolastoqiyik (Maliseet), Abenaki, Penobscot, and Passamaquoddy peoples (i.e., the Wabanaki Confe ...
References
Texts * * * *External links
* * {{cite book, editor-last=Akins, editor-first=Thomas B., editor-link=Thomas Beamish Akins, chapter=Council Minutes Related to the Treaty, title=Selections from the Public Documents of the Province of Nova Scotia: Pub. Under a Resolution of the House of Assembly Passed March 15, 1865, chapter-url=https://books.google.com/books?id=_tr0nJAZ6SIC&pg=PA671, year=1869, publisher=Charles Annand, location=Halifax, page=671 1752 treaties 1752 in Nova Scotia Pre-Confederation Nova Scotia Monuments and memorials in Nova Scotia Mi'kmaq in Canada Father Le Loutre's War