Mi'kmaq Treaties on Trial : History, Land, and Donald Marshall Junior

In 1725-6 the British colonial government of Nova Scotia signed a treaty of friendship and peace with the local Mi'kmaq people. This treaty explicitly acknowledged the co-existence of Mi'kmaq and British law - but much of its meaning stemmed from its complex negotiation, which was influenced by the history of aboriginal-European relations in Acadia prior to 1726. William Wicken argues that after 1749 a more forceful British military presence led officials to re-interpret the treaty in the light of its own interests. From 1994 to 1996, the author was an expert witness for the defence at the Marshall trial, during which the Supreme Court of Canada integrated aboriginal perspectives on treaty-making into current interpretations. Dr Wicken was one of the historians who gathered and presented the historical evidence to the court. This timely and original work intersperses close analysis of the 1726 treaty with discussions of the Marshall case, and shows how the inter-cultural relationships and power dynamics of the past, have shaped both the law and the social climate of the present. The author argues that the treaties must be viewed in their historical context, and that of the oral tradition of Mi'kmaq people, to be properly understood. Current high-profile legal cases involving aboriginal rights lend this work a special significance among the legal and academic communities, where it is destined to spark debate. It is of particular relevance to history and native studies students. Contents 7 Acknowledgments 9 Introduction 15 PART ONE The Mi'kmaq in 1726 31 25 November 1993, Halifax, Nova Scotia 31 Chapter One. The Mi'kmaq and Land 39 Chapter Two. The Mi'kmaq Polity 54 PART TWO: The 1726 Treaty 73 Article of Peace and Agreement: Annapolis Royal 1726 73 Reciprocal Promises Made by Captain John Doucett: 1726 77 21 November 1994, Antigonish, Nova Scotia 80 Chapter Three. The Genesis of the 1726 Treaty: The Wabanaki-New England War of 1722-1725 85 Chapter Four. The Languages of Communication 102 Chapter Five. The 1726 Treaty and Utrecht 113 Chapter Six. Establishing Laws, Establishing Relationships 132 Chapter Seven. British Politics and Treaty Making 154 PART THREE: Renewing the 1726 Treaty 175 Treaty of Peace and Friendship 175 February 1996, Halifax, Nova Scotia 179 Chapter Eight. The Founding of Halifax: Re-interpreting the 1726 Treaty 183 Chapter Nine. The 1760-1761 Treaties 205 PART FOUR: The 1726 Treaty in History and Law 227 27 June 1996, Antigonish, Nova Scotia 227 Conclusion 229 September to November 1999 239 Glossary of Names 251 Glossary of Places 255 Notes 257 Bibliography 295 Illustration Credits 309 Index 311