Petition of Tomar Francis, 10 January 1843, York County. Transcription.

That Your Petitioners and their Tribe beg
leave to Express the deep feeling of Loyalty and attachment which they
entertain for Her Majesty Queen Victoria. Ever bearing in grateful
remembrance the many favours which the British Government has
at all times bestowed upon their race; Your Petitioners rejoice in
the hope that the connection between Her Majesty and themselves
may forever exist. For the particular interest which the
government of this Province has evinced in the welfare of
their Tribe, Your Petitioners beg leave to Express their
sincere gratitude.

The appointment of a Commissioner in the
year 1841 to examine into and report upon, the state and
condition of the Melicite Tribe, afforded their great satisfaction
as they indulged the hope that the enquiries then made, would
result in the adoption of such immediate and permanent
measures, as would ameliorate their present situations, and
become to them of increasing advantage. The Report of
M^r. Perley (the Commissioner) and the replies of Your
Excellency thereto, have been read and explained to Your
Petitioners, of which they substantially approve. Your
Petitioners since the visit of the Commissioners have
waited patiently for the fulfilment of the hopes which were
then raised; but this being still defered they now feel
themselves called upon to act on their own behalf.

Your Petitioners beg leave to state to Your Excellency
and Your Honors, that with this view, a full Council of their
Tribe met at the Village in Kingsclear on the second day of January
Instant; and after taking into consideration the general affairs
of their Tribe, and the instructions previously received from their
Head Chief, as well as the propositions made by Your Excellency
in reply to M^r. Perlys suggestions, for their benefit: it was
unanimously resolved to Petition Your Excellency and Your
Honors, embodying therein the united opinions and
wishes of Your Petitioners and their Tribe –

There has been for a length of time, a desire in the
the minds of the Indians to improve their situation. The
hunting, having from the improvements so rapidly making
in the forests, become almost destroyed: and what remains
being shared equally by other inhabitants of the County; Your
Petitioners for the necessity of turning their attention, and
that of the Tribe to the cultivation of Land for a livelihood
as their other general employments fall far short of affording
relief to their natural wants. There settled habits would
then foster the disposition they now entertain for education;
and in the Course of a few Years, from being a homeless
wanderer, the Indian would be changed to a permanent
Land holder of fixed habits, and adapted to enjoy social
blessings, the want of which is now felt and greatly deplored
by him.

It will be seen by the Report of the Commissioner
upon the subject of Indian Reserves, that their lands are
being daily encroached upon, and this having been done
so long a time with impunity, the trespassers, now
grown bold in their deeds of plunder, scarcely admit
the Indians to have a right to stand upon the Land reserved
by the Crown for his benefit, or the privilege to run over
that soil of which his fathers were Ancient Lords.
From all the Lands reserved, no advantages have been
desired by Your Petitioners, beyond that of erecting their
wigwams thereon, and even this is questioned as a right
by the White Inhabitants, who enjoy the same without
making any return, neither to the Crown for the benefit of
the Tribe, nor to Your Petitioners.

This State of things, which is well known, clearly
proves the present system of managing the Reserves to be
inefficient to answer the intended purposes; and imposes
hardships and privations upon Your Petitioners, which even
they are unable to bear, as they are felt more keenly by
them now that they begin to contrast their condition with
the social comforts and individual rights of the Educated people.
Unless an immediate remedy is applied, the result must be
the complete dispersion and destruction of the Tribe, the
thought of which affects the deepest feelings of Your Petitioners
hearts, and makes them shudder at the possibility of severing
that sacred attachment which they bear to the soil and the
graves of their fathers.

Your Petitioners further beg leave to state to Your
Excellency, and Your Honors, that your mature deliberation upon
their own characters and conditions, which they in common with others
of the human family wish to improve; have arrived at the
conclusion (which they think must be plain to every one) that
nothing but having a direct interest in, and control over, the
Lands reserved for their use, will effectually secure to them
the benefits and advantages thereof – preserve them as a Tribe –
and inspire them with energy to cultivate that Land from
which they must now derive existence or cease to live.
They would then in some and in an increasing measure, enjoy
the blessings of social life, as Schools could be effectually
established among them, improveing their morals and
Education, and fitting them to conduct with Justice to themselves
their general intercourse with the people of the Country.
By the whole Tribe possessing a common interest in their
Land, no confusion can happen as regards individual rights;
the fraternal government that exists among them, being a
sufficient safeguard against it. Individuals of them by their
industry, may become owners of other Lands, and by their
Example greatly affect the character of others for good.

Your Petitioners further beg leave to call the attention
of Your Excellency and Your Honors, to the fact, that in the other
British Provinces, the Indians hold Lands in their own right;
and Your Petitioners cannot conceive, in reason and Justice
why that advantage should be withheld from them; especially,
as it would then only be carrying out the intentions conveyed
in making the reserves; and effect that object – the welfare of
the Indians – which has ever been professed by the government.
If your Petitioners are behind other Tribes in character –
information and civilization, it is owing to the nature
and force of the circumstances under which they have lived,
and in this memorial complain against.

Your Petitioners therefore Humbly Pray that
Your Excellency and Your Honors, would be pleased
to take their case into your wise and favourable
consideration, and carry out the original –
intention of the Crown by ordering one Grant
to issue to Your Petitioners and their successors
Chiefs and Captains of the Melisite Tribe, in Trust
for the said Tribe; comprising all the Lands
Reserved for them upon the River Saint John;
with a condition that the same may become
forfeited if sold by them without the permission
of the Governor and Council; and make
such regulations respecting the present
encroachments and Trespasses, as will
give Your Petitioners the immediate
controul of the said Lands, that their intended
farming operations may commence with
the opening of the ensuing spring –

Legislature
Petition of the Melicite
Tribe of Indians praying
for a grant of the Lands
reserved for their use on
the River Saint John, to their
Chiefs & Captains for in trust
for the Tribe &c &c