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.
|Publisher:||University of Toronto Press, Scholarly Publishing Division|
|Product dimensions:||5.94(w) x 8.78(h) x 0.75(d)|
About the Author
William Wicken is an associate professor in the department of history at York University.
Table of Contents
|Part 1||The Mi'kmaq in 1726|
|25 November 1993, Halifax, Nova Scotia||19|
|1.||The Mi'kmaq and Land||25|
|2.||The Mi'kmaq Polity||40|
|Part 2||The 1726 Treaty|
|Article of Peace and Agreement: Annapolis Royal 1726||61|
|Reciprocal Promises Made by Captain John Doucett: 1726||63|
|21 November 1994, Antigonish, Nova Scotia||66|
|3.||The Genesis of the 1726 Treaty: The Wabanaki--New England War of 1722-1725||71|
|4.||The Languages of Communication||88|
|5.||The 1726 Treaty and Utrecht||99|
|6.||Establishing Laws, Establishing Relationships||118|
|7.||British Politics and Treaty Making||140|
|Part 3||Renewing the 1726 Treaty|
|Treaty of Peace and Friendship||163|
|February 1996, Halifax, Nova Scotia||165|
|8.||The Founding of Halifax: Re-interpreting the 1726 Treaty||169|
|9.||The 1760-1761 Treaties||191|
|Part 4||The 1726 Treaty in History and Law|
|27 June 1996, Antigonish, Nova Scotia||213|
|September to November 1999||225|
|Glossary of Names||237|
|Glossary of Places||241|
|Illustrations through Text|
|Contemporary map of the Atlantic region||xiii|
|Treaty of 1726, dated 4 June 1726, showing Aboriginal signatures||22|
|Typescript copy of the Aboriginal signatures||23|
|Reciprocal promises made by the British to the Mi'kmaq||65|
|Aboriginal signatures on the 4 June 1726 treaty||155|
|Andrew Alex, put'us, with Mi'kmaq wampum belts||223|