Petition of John Ryan, 2 September 1847, Northumberland County. Transcription.
Digital facsimile of "Petition of John Ryan, 2 September 1847, Northumberland County," Provincial Archives of New Brunswick, RS108, reel F4235, Fredericton, New Brunswick. In "Contested Terrain: Aboriginal Land Petitions in New Brunswick, 1786-1878," Atlantic Canada Virtual Archives, University of New Brunswick, Fredericton, New Brunswick.
This version published online 25 March 2010.
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To His Excellency Sir William McBean George Colebrooke K. H.
Lieutenant Governor and Commander in Chief of the Province
of New Brunswick &c. &c. &c.
Lieutenant Governor and Commander in Chief of the Province
of New Brunswick &c. &c. &c.
The Petition of John Ryan of the
Parish of North Esk in the County of
Northumberland Farmer.
Parish of North Esk in the County of
Northumberland Farmer.
Respectfully Sheweth
That on the thirteenth day of March A.D.
1837 Dennis Julian and Francis Julian on behalf of the
Julian Tribe leased to Henry Lodge and Elisha Godfrey the
piece of Land situate on the north side of the North West
Branch of Miramichi River in the Parish of North Esk known
as the Indian Meadows particularly mentioned in the Lease to
them hereto annexed and also a tract of Meadow Land sit-
-uate on Wild Cat Brook also described in the same Lease.
That on the first day of May A.D. 1840 the said Henry Lodge
assigned all his interest in both the said tracts to John O'Conner
by indorsment on the said Lease, and the said John O'Conner
in the month of August in the same year released and made
over to your petitioner all his interest in the said Lands as will
appear by the said indorsement on the said Lease and the cer-
-tificate of Assignment from the said John O'Conner also
thereto annexed.
1837 Dennis Julian and Francis Julian on behalf of the
Julian Tribe leased to Henry Lodge and Elisha Godfrey the
piece of Land situate on the north side of the North West
Branch of Miramichi River in the Parish of North Esk known
as the Indian Meadows particularly mentioned in the Lease to
them hereto annexed and also a tract of Meadow Land sit-
-uate on Wild Cat Brook also described in the same Lease.
That on the first day of May A.D. 1840 the said Henry Lodge
assigned all his interest in both the said tracts to John O'Conner
by indorsment on the said Lease, and the said John O'Conner
in the month of August in the same year released and made
over to your petitioner all his interest in the said Lands as will
appear by the said indorsement on the said Lease and the cer-
-tificate of Assignment from the said John O'Conner also
thereto annexed.
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That Elisha Godfrey then agreed to and did
release and give up to the Indians all his right to the
said Land as will appear by his letter to O'Connor hereto
annexed, and the said O'Connor then also by the same
paper gave up to the Indians his claim thereto in order that
a new Lease of the Land on the North West might be given
by them to your petitioner as he did not wish to have any
thing to do with the Land on the Wild Cat Brook or be liable
for the rent thereof. That on the same day the said Francis
Julian and Sulian Julian the then Chiefs of the said
tribe gave the annexed Lease of the said Land therein men-
-tioned to your Petitioner at the yearly rent of Five Pounds.
That a short time after this Richard
Quigley of the same place having the previous Spring had his
House and Barn which were situate on an Island washed
away by the Freshet, applied to your Petitioner for leave to
Build on the said Land and offered to pay one half the rent
That your Petitioner from motives of compassion agreed to allow
the said Quigley to build on the said Land under the express
agreement and promise on his part not to cultivate or break up
any of the Lands except a small piece round his house for
a garden and that they should each pay half the rent and
occupy the cleared Land in Common as a pasture and that
release and give up to the Indians all his right to the
said Land as will appear by his letter to O'Connor hereto
annexed, and the said O'Connor then also by the same
paper gave up to the Indians his claim thereto in order that
a new Lease of the Land on the North West might be given
by them to your petitioner as he did not wish to have any
thing to do with the Land on the Wild Cat Brook or be liable
for the rent thereof. That on the same day the said Francis
Julian and Sulian Julian the then Chiefs of the said
tribe gave the annexed Lease of the said Land therein men-
-tioned to your Petitioner at the yearly rent of Five Pounds.
That a short time after this Richard
Quigley of the same place having the previous Spring had his
House and Barn which were situate on an Island washed
away by the Freshet, applied to your Petitioner for leave to
Build on the said Land and offered to pay one half the rent
That your Petitioner from motives of compassion agreed to allow
the said Quigley to build on the said Land under the express
agreement and promise on his part not to cultivate or break up
any of the Lands except a small piece round his house for
a garden and that they should each pay half the rent and
occupy the cleared Land in Common as a pasture and that
Your
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your Petitioner has ever since regularly paid his portion of
the said Rent to the Indians.
That the said Richard Quigley in accor
-dance with the said agreement then went to reside upon
the said Land and occupied it in Common for some years
without any interruption on his part except ploughing up
a little more Land each year than he was authorized and
thus encroaching by little and little each year. That in
the year A.D. 1841 when Moses H. Perley Esquire the Indian
Commissioner was over investigating the Indian matters
your Petitioner and the said Quigley petitioned together for the
said Land to be held by them jointly which petition was
given to Mr Perley to be laid before Your Excellency. That
notwithstanding all this the said Richard Quigley in the
month of June A.D. 1844 with the design and for the pur
-pose of depriving your Petitioner of his Land obtained from
the said Sulian Julian and Noel Julian his Brother
another Lease of part of the same Land, Commencing at
the Lower Line thereof and extending up stream a front of
80 rods and in rear the full extent of the reserve which does
not include his house and then he attempted to hold the whole
and deprive your Petitioner of all that is worth anything.
That in the year 1845 when William
Salter
the said Rent to the Indians.
That the said Richard Quigley in accor
-dance with the said agreement then went to reside upon
the said Land and occupied it in Common for some years
without any interruption on his part except ploughing up
a little more Land each year than he was authorized and
thus encroaching by little and little each year. That in
the year A.D. 1841 when Moses H. Perley Esquire the Indian
Commissioner was over investigating the Indian matters
your Petitioner and the said Quigley petitioned together for the
said Land to be held by them jointly which petition was
given to Mr Perley to be laid before Your Excellency. That
notwithstanding all this the said Richard Quigley in the
month of June A.D. 1844 with the design and for the pur
-pose of depriving your Petitioner of his Land obtained from
the said Sulian Julian and Noel Julian his Brother
another Lease of part of the same Land, Commencing at
the Lower Line thereof and extending up stream a front of
80 rods and in rear the full extent of the reserve which does
not include his house and then he attempted to hold the whole
and deprive your Petitioner of all that is worth anything.
That in the year 1845 when William
Salter
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Salter Esquire the Indian Commissioner for this County
was surveying the Indian Lands the said Quigley repre-
sented to him that he had the Lease of this place and
was in possession thereof and applied to him to survey 100 rods
in front and in rear a sufficient distance to include 100
acres which includes all the good and valuable Land which
consists in this place of a narrow slip of intervale along the
front wide at the lower end and narrowing as it extends up
stream and all above and in rear is barren; Which your
Petitioner hearing went to Mr. Salter and stated his case to
him and asked him how he intended to survey the Land
when he said he would survey it in 40 rod Lots. Notwith-
-standing which he has as your Petitioner is informed given
Quigley a front of 100 rods to include all the good land
and thereby deprive your Petitioner of all benefit from his
lease. That your Petitioner is informed that Godfrey has
lately assigned to Quigley his interest in the said Land for
the purpose of enabling him to defraud your Petitioner,
notwithstanding Godfrey had as before stated given up to the
Indians his right in this Lease and had also got Mr. Salter
the Commissioner to survey to him the Lot on the Wild Cat
Brook mentioned in the said Lease leaving a barren between
the two lots vacant and surveying only the good Land for Godfrey
was surveying the Indian Lands the said Quigley repre-
sented to him that he had the Lease of this place and
was in possession thereof and applied to him to survey 100 rods
in front and in rear a sufficient distance to include 100
acres which includes all the good and valuable Land which
consists in this place of a narrow slip of intervale along the
front wide at the lower end and narrowing as it extends up
stream and all above and in rear is barren; Which your
Petitioner hearing went to Mr. Salter and stated his case to
him and asked him how he intended to survey the Land
when he said he would survey it in 40 rod Lots. Notwith-
-standing which he has as your Petitioner is informed given
Quigley a front of 100 rods to include all the good land
and thereby deprive your Petitioner of all benefit from his
lease. That your Petitioner is informed that Godfrey has
lately assigned to Quigley his interest in the said Land for
the purpose of enabling him to defraud your Petitioner,
notwithstanding Godfrey had as before stated given up to the
Indians his right in this Lease and had also got Mr. Salter
the Commissioner to survey to him the Lot on the Wild Cat
Brook mentioned in the said Lease leaving a barren between
the two lots vacant and surveying only the good Land for Godfrey
and
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and Quigley. And your Petitioner conceives that the said
Quigley has no claim to any of the improvements made
on this Land except the House and Barn built by him
as all the Land now cleared was cleared before he went
to reside there and any land cultivated was contrary to
his agreement.
Your Petitioner therefore humbly prays that
your Excellency will be pleased to take the premises into
consideration and to order that this Land may be divided
in Lots not interfering with Quigley's House and Barn so
that your Petitioner may get an equal portion of the good
Land with the said Quigley as the intervale is widest at
the lower side and grows narrower as it extends up stream,
and above Quigleys house it is a very narrow strip worth
little or nothing Mr. Salter having by giving him 100 rods
given him all the Land worth anything.
Quigley has no claim to any of the improvements made
on this Land except the House and Barn built by him
as all the Land now cleared was cleared before he went
to reside there and any land cultivated was contrary to
his agreement.
Your Petitioner therefore humbly prays that
your Excellency will be pleased to take the premises into
consideration and to order that this Land may be divided
in Lots not interfering with Quigley's House and Barn so
that your Petitioner may get an equal portion of the good
Land with the said Quigley as the intervale is widest at
the lower side and grows narrower as it extends up stream,
and above Quigleys house it is a very narrow strip worth
little or nothing Mr. Salter having by giving him 100 rods
given him all the Land worth anything.
And your Petitioner as in duty bound will ever pray &c.
Dated Second September 1847.
John Ryan
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The Petition of
John Ryan to
Land in Northumberland
Leased him by the Indians
3680
To be
referred to Mr
Perley for his
observations
[illegible: 1 word]
8 Sept/47
John Ryan to
Land in Northumberland
Leased him by the Indians
3680
To be
referred to Mr
Perley for his
observations
[illegible: 1 word]
8 Sept/47
