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Code · STATUTES-AT-LARGE · Vol. 7 STAT. · Oct. 6, 1825 · Treaty

Treaty.

47,591 words·~216 min read·/statutes-at-large/vol-7/treaty-p282·

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7 Stat. 282 TREATY WITH THE MAHA TRIBE. Oct. 6, 1825.Proclamation, Feb. 6, 1826. For the purpose of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion or dissention, as it respects trade and friendship between the United States and their citizens, and the Maha tribe of Indians, the President of the United States of America, by Brigadier General Henry Atkinson, of the United States’ Army, and Major Benjamin O’Fallon, Indian Agent, with full powers and authority, specially appointed and commissioned for that purpose, of the one part, and the undersigned Chiefs, Head-men and Warriors, of the said Maha tribe of Indians, on behalf of their tribe, of the other part, have made and entered into the following articles and conditions, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:
ARTICLE 1. Supremacy of U. S. acknowledged.It is admitted by the Maha tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said tribe also admit the right of the United States to regulate all trade and intercourse with them. ARTICLE 2. U. S. receive them under their protection.The United States agree to receive the Maha tribe of Indians into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.
ARTICLE 3. Places for trade to be designated by the President.All trade and intercourse with the Maha tribe shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents: and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians. ARTICLE 4. Regulation of trade.That the Maha tribe may be accommodated with such articles of merchandize, &c. as their necessaties may demand, the United States agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Maha tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their particular district of country.
And the said Maha tribe further agree, that if any foreigner, or other person not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent or agent of Indian Affairs, or to the Commandant of the nearest military post, to be dealt with according to law.—And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country; and to protect in their persons and property, all agents or other persons sent by the United States to reside temporarily among them; nor will they, whilst on their distant excursions, molest or inter-282283rupt any American citizen or citizens who may be passing from the United States to New Mexico, or returning from thence to the United States.
ARTICLE 5. That the friendship which is now established between the United Course to be pursued in order to prevent injuries by individuals, &c.States and the Maha tribe should not be interrupted by the misconduct of individuals, it is hereby agreed, that, for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States.
And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and if found guilty shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the Chiefs to evert themselves to recover stolen property.Chiefs of said Maha tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner.
And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: *Provided,* That the property stolen cannot be Proviso.recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Maha tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.
ARTICLE 6. And the Chiefs and Warriors, as aforesaid, promise and engage, that No guns, &c. to be furnished by them to those hostile to U. S.their tribe will never, by sale, exchange, or as presents, supply any nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war. Done at Fort Atkinson, Council Bluffs, this sixth day of October, A. D. 1825, and of the Independence of the United States the fiftieth. In testimony whereof, the said Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Head-men, and Warriors, of the Maha tribe, have hereunto set their hands, and affixed their seals.
H. ATKINSON, *Br. Gen. U. S. Army.* BENJ. O’FALLON, *U. S. Agi. Ind. Aff.* Opa-ton-ga—the big elk. Oho-shin-ga—the man that cooks little in a small kettle. Sa-da-ma-ne—he that arrives. Wash-ca-ma-nee—the fast walker. Shon-gis-cah—the white horse. We-du-gue-noh—the deliberator. Wa-shin-ga-sabba—the black bird. Ta-noh-ga—the buffaloe bull. Esh-sta-ra-ba _. Ta-reet-tee—the side of a buffaloe. Moh-pe-ma-nee—the walking cloud. Momee-shee—he who Jays on the arrows from the number that pierce him.
Ma-sha-ke-ta—the soldier. Te-sha-va-gran—the door of the lodge. 284 TREATY WITH THE SHAWNESS. 1825. In presence of A. L. Langham, Sec. to the Com. A. R. Woolly, Lieut. Col. U. S. A. J. Gantt, Capt. 6th Inf. John Gale, Surgeon U. S. Army. George C. Hutter, Lieut. 6th Inf. M. W. Batman, Lieut. 6th Inf. G. H. Kennerly, U. S. S. Ind. Agt. Michael Burdeau, Interpreter. William Rodgers. To the Indian names are subjoined a mark and seal. Nov. 7, 1825 Convention 7 Stat. 284 ARTICLES OF A CONVENTION Nov. 7, 1825.Proclamation, Dec. 30, 1825.*Made between William Clark, Superintendent of Indian Affairs, and the undersigned Chiefs and Head Men of the Shawonee Nation of Indians, residing within the State of Missouri, duly authorized and empowered by said Nation, at the City of St.
Louis, on the seventh day of November, in the year of our Lord one thousand eight hundred and twenty-five.* Preamble.Whereas the Shawnee Indians were in possession of a tract of land near Cape Geredeau, in the State of Missouri, settled under a permission from the Spanish Government, given to the said Shawnees and Delawares by the Baron De Carondelet, on the fourth day of January, one thousand seven hundred and ninety-three, and recorded in the office of Recorder of Land Titles at St.
Louis, containing about
(25)twenty-five miles square, which said tract of land was abandoned by the Delawares, in the year 1815: and from which the said Shawnees, under an assurance of receiving other lands in exchange, did remove, after having made valuable and lasting improvements on the same, which were taken possession of by the citizens of the United States: And it being the desire of the United States fully to indemnify said tribe for all losses and injuries sustained by them by reason of such removal—the following articles have been agreed upon, between William Clark, Superintendent of Indian Affairs, specially authorized on the one part, and the undersigned Delegates of the Shawnee tribe, residing within the State of Missouri, on the other part: ARTICLE 1. Cession of land by the Shawnees.The Shawnee tribe, do, hereby, cede and relinquish to the United States, all their claim, interest and title, to the lands on which they settled, near Cape Geredeau, under an authority of the Spanish government as aforesaid, situate, lying, and being between the River St. Come and Cape Geredeau, and bounded on the east by the Mississippi, and westwardly by White Water. ARTICLE 2. U. S. to give a certain tract in exchange.It is further agreed by the contracting parties, that, in consideration of the cession aforesaid, the United States do, hereby, agree to give to the Shawnee tribe of Indians, within the State of Missouri for themselves and for those of the same nation, now residing in Ohio, who may hereafter emigrate to the west of the Mississippi, a tract of land equal to fifty
(50)miles square, situated west of the State of Missouri, and within the purchase lately made from the Osages, by treaty bearing date the second day of June, one thousand eight hundred and twenty-five, and within the following boundaries: Commencing at a point
(2)two miles north-west of the south-west corner of the State of Missouri; from thence, north,
(25)twenty-five miles; thence, west,
(100)one hundred miles; thence, south,
(25)twenty-five miles; thence, east,
(100)one hundred miles, to the place of beginning. But, whereas the said 285Shawnee tribe had valuable and lasting improvements within the tract of land hereby ceded, and moreover will have to incur expenses in their removal; it is further stipulated, that, for the purpose of rendering a fair Further stipulation.equivalent for the losses and inconveniences which said tribe will sustain by removal, and to enable them to obtain supplies in their new settlements, the United States agree to pay to the tribe emigrating from the lands herein ceded, the sum of fourteen thousand dollars, which amount shall be paid to said party of the second part, as soon as practicable after the ratification of this treaty; five thousand dollars of which amount shall be furnished in domestic animals, implements of husbandry, and provisions, as soon as the said tribe remove upon the lands assigned them. ARTICLE 3. It is further stipulated, that a deputation of the said parties of the A deputation to explore the lands.second part may be sent to explore the lands assighned to them in the preceding article; and if the same be not acceptable to them, upon an examination of the same, which shall be had, and made known to the Superintendent of Indian affairs at St. Louis, on or before April next, who shall, in lieu thereof, assighn to them an equal quantity of land, to be selected on the Kansas River, and laid off either south or north of that river, and west of the boundary of Missouri, not reserved or ceded to any other tribe. ARTICLE 4. It appearing that the Shawnee Indians have various claims against Payment of claims against citizens of U. S.the citizens of the United States to a large amount, for spoliations of various kinds, but which they have not been able to support by the testimony of white men; the United States, in order to a final settlement of all such claims, do hereby agree to pay to the Shawnee nation, the sum of (11,000) eleven thousand dollars, to be distributed by them in such way as may be deemed equitable; and to support and keep a blacksmith for their use on the lands hereby assighned, for the term of five years, or as long as the President may deem advisable; and it is further stipulated, Tools, &c. for the use of a blacksmith, to be furnished.that the United States shall furnish for the use of the Shawnees, the tools necessary for the blacksmith’s shop, and
(300)three hundred pounds of iron annually, to be furnished at the expense of the United States. ARTICLE 5. The friendship heretofore existing between the United States and the Friendship renewed.Shawnee Nation, is, hereby, renewed and perpetuated. ARTICLE 6. These articles shall take effect, and become obligatory on the contracting Treaty obligatory when rutified.parties, so soon as the same shall be ratified by the President, by and with the advice and consent of the Senate of the United States. In testimony whereof, the said William Clark, and the said Delegates of the Shawnee Nation, have hereunto set their hands, at the City of St. Louis, the seventh day of November, one thousand eight hundred and twenty-five. WILLIAM CLARK. Wawelainni, Kishkalwa, Maywathekeha, Capt. Reed, or Pathecoussa, Nelawachika, Waquiwais, Napawita, Pepamousse, Pemitacamchika, Peter Cornstalk, or Wyawimon, Interp’r, Quamapea, Pelmetachemo. 286 TREATY WITH THE CREEKS. 1826. Witnesses present:— A. McNair, U. S. Indian Agent. R. Graham, U. S. Indian Agent. Pierre Menard, Sub-Indian Agent. John Campbell, Sub-Indian Agent. W. B. Alexander, Sub-Indian Agent. John F. A. Sandford. L. Vallé. John B. Saipy. Quatawapea, or Col. Lewis. Wysaosheka. To the Indian names are subjoined a mark and seal. Jan. 24, 1826 Treaty 7 Stat. 286 ARTICLES OF A TREATY Jan. 24, 1826.Proclamation, April 22, 1826.1826, ch. 148.*Made at the City of Washington, this twenty-fourth day of January, one thousand eight hundred and twenty-six, between James Barbour, Secretary of War, thereto specially authorised by the President of the United States, and the undersigned, Chiefs and Head Men of the Creek Nation of Indians, who have received full power from the said Nation to conclude and arrange all the matters herein provided for.* Preamble. Ante, p. 237.Whereas a treaty was concluded at the Indian Springs, on the twelfth day of February last, between Commissioners on the part of the United States, and a portion of the Creek Nation, by which an extensive district of country was ceded to the United States. And whereas a great majority of the Chiefs and Warriors of the said Nation have protested against the execution of the said Treaty, and have represented that the same was signed on their part by persons having no sufficient authority to form treaties, or to make cessions, and that the stipulations in the said Treaty are, therefore, wholly void. And whereas the United States are unwilling that difficulties should exist in the said Nation, which may eventually lead to an intestine war, and are still more unwilling that any cessions of land should be made to them, unless with the fair understanding and full assent of the Tribe making such cession, and for a just and adequate consideration, it being the policy of the United States, in all their intercourse with the Indians, to treat them justly and liberally, as becomes the relative situation of the parties. Now, therefore, in order to remove the difficulties which have thus arisen, to satisfy the great body of the Creek Nation, and to reconcile the contending parties into which it is unhappily divided, the following articles have been agreed upon and concluded, between James Barbour, Secretary of War, specially authorised as aforesaid, and the said Chiefs and Head Men representing the Creek Nation of Indians: ARTICLE 1. Treaty of Indian Springs declared null and void. Ante, p. 237.The Treaty concluded at the Indian Springs, on the twelfth day of February, one thousand eight hundred and twenty-five, between Commissioners on the part of the United States and the said Creek Nation of Indians, and ratified by the United States on the seventh day of March, one thousand eight hundred and twenty-five, is hereby declared to be null and void, to every intent and purpose whatsoever; and every right and claim arising from the same is hereby cancelled and surrendered. ARTICLE 2. Lands ceded to the U. S.The Creek Nation of Indians cede to the United States all the land belonging to the said Nation in the State of Georgia, and lying on the east side of the middle of the Chatahoochie river. And, also, another 287tract of land lying within the said State, and bounded as follows: Beginning at a point on the western hank of the said river, forty-seven miles below the point where the boundary line between the Creeks and Cherokees strikes the Chatahoochie river, near the Buzzard’s Roost, measuring the said distance in a direct line, and not following the meanders of the said river; and from the point of beginning, running in a direct line to a point in the boundary line, between the said Creeks and the Cherokees, thirty miles west of the said Buzzard’s Roost; thence to the Buzzard’s Roost, and thence with the middle of the said river to the place of beginning. ARTICLE 3. Immediately after the ratification of this Treaty, the United States Payment to said nation.agree to pay to the Chiefs of the said Nation the sum of two hundred and seventeen thousand six hundred dollars to be divided among the Chiefs and Warriors of the said Nation. ARTICLE 4. The United States agree to pay to the said Nation an additional perpetual Perpetual annuity.annuity of twenty thousand dollars. ARTICLE 5. The difficulties which have arisen in the said nation, in consequence Difficulties to be adjusted, &c.of the Treaty of the Indian Springs, shall be amicably adjusted, and that portion of the Creek Nation who signed that treaty shall be admitted to all their privileges, as members of the Creek Nation, it being the earnest wish of the United States, without undertaking to decide upon the complaints of the respective parties, that alt causes of dissatisfaction should be removed. ARTICLE 6. That portion of the Creek Nation, known as the friends and followers A deputation to examine the Indian country west of the Mississippi, &c.of the late General William McIntosh, having intimated to the government of the United States their wish to remove west of the Mississippi, it is hereby agreed, with their assent, that a deputation of five persons shall be sent by them, at the expense of the United States, immediately after the ratification of this treaty, to examine the Indian country west of the Mississippi, not within either of the States or Territories, and not possessed by the Choctaws or Cherokees. And the United States agree to purchase for them, if the same can be conveniently done upon reasonable terms, wherever they may select, a country, whose extent shall, in the opinion of the President, be proportioned to their numbers. And if such purchase cannot be thus made, it is then agreed that the selection shall be made where the President may think proper, just reference being had to the wishes of the emigrating party. ARTICLE 7. The emigrating party shall remove within twenty-four months, and Emigrating party to remove within 24 months, &c.the expense of their removal shall be defrayed by the United States. And such subsistence shall also be furnished them, for a term not exceeding twelve months after their arrival at their new residence, as, in the opinion of the President, their numbers and circumstances may require. ARTICLE 8. An agent, or sub-agent and Interpreter, shall be appointed to accompany An agent, &c. to be appointed to reside with them.and reside with them. And a blacksmith and wheelwright shall be furnished by the United States. Such assistance shall also be rendered to them in their agricultural operations, as the President may think proper. 288 ARTICLE 9. Presents to Indians. In consideration of the exertions used by the friends and followers of General McIntosh to procure a cession at the Indian Springs, and of their past difficulties and contemplated removal, the United States agree to present to the Chiefs of the party, to be divided among the Chiefs and Warriors, the sum of one hundred thousand dollars, if such party shall amount to three thousand persons, and in that proportion for any smaller number. Fifteen thousand dollars of this sum to be paid immediately after the ratification of this treaty, and the residue upon their arrival in the country west of the Mississippi. ARTICLE 10. Certain damages to be ascertained, &c.It is agreed by the Creek Nation, that an agent shall be appointed by the President, to ascertain the damages sustained by the friends and followers of the late General McIntosh, in consequence of the difficulties growing out of the Treaty of the Indian Springs, as set forth in an agreement entered into with General Gaines, at the Broken Arrow, and which have been done contrary to the laws of the Creek Nation; and such damages shall be repaired by the said Nation, or the amount paid out of the annuity due to them. ARTICLE 11. Commissioners to value improvements.All the improvements which add real value to any part of the land herein ceded shall be appraised by Commissioners, to be appointed by the President; and the amount thus ascertained shall be paid to the parties owning such improvements. ARTICLE 12. Possession of country ceded.Possession of the country herein ceded shall be yielded by the Creeks on or before the first day of January next. ARTICLE 13. Guarantee by U.S.The United States agree to guarantee to the Creeks all the country, not herein ceded, to which they have a just claim, and to make good to them any losses they may incur in consequence of the illegal conduct of any citizen of the United States within the Creek country. ARTICLE 14. Authority of the President.The President of the United States shall have authority to select, in some part of the Creek country, a tract of land, not exceeding two sections, where the necessary public buildings may be erected, and the persons attached to the agency may reside. ARTICLE 15. Liberty granted the Creeks.Wherever any stream, over which it may be necessary to establish ferries, forms the boundary of the Creek country, the Creek Indians shall have the right of ferriage from their own land, and the citizens of the United States from the land to which the Indian title is extinguished. ARTICLE 16. Commissioners to attend the running of the lines.The Creek Chiefs may appoint three Commissioners from their own people, who shall be allowed to attend the running of the lines west of the Chatahoochy river, and whose expenses, while engaged in this duty, shall be defrayed by the United States. 289 ARTICLE 17. This treaty, after the same has been ratified by the President and Treaty binding when ratified.Senate, shall be obligatory on the United States and on the Creek Nation. In testimony whereof, the said James Barbour, Secretary of War, authorised as aforesaid, and the Chiefs of the said Creek Nation of Indians, have hereunto set their hands, at the City of Washing ton, the day and year aforesaid. JAMES BARBOUR. O-poth-le-yoholo, John Stidham, Mad Wolf, Menawee, Tuskeekee Tustunnuggee, Charles Cornells, Timpoochy Barnard, Apauly Tustunnaggee, Coosa Tustunnuggee, Nahetluc Hopie, Selocta, Legadi, Yoholo Micco. In presence of Thomas L. McKenney. Lewis Casa. John Crowell, Agent for I. A. Hezekiah Miller. John Ridge, Secretary Creek Delegation. David Vann. To the Indian names are subjoined marks. March 31, 1826 Supplementary 7 Stat. 289 SUPPLEMENTARY ARTICLE March 31, 1826.*To the Creek Treaty of the twenty-fourth January,* 1826. Whereas a stipulation in the second article of the Treaty of the twenty-fourth day of January, 1826, between the undersigned, parties to said Ante, p. 286.Treaty, provides for the running of a line “beginning at a point on the western bank of the Chatahoochee river, forty-seven miles below the point where the boundary line between the Creeks and Cherokees strikes the said river, near the Buzzard’s Roost, measuring the said distance in a direct line, and not following the meanders of the said river, and from the point of beginning, running in a direct line to a point in the boundary line between the said Creeks and the Cherokees, thirty miles west of the said Buzzard’s Roost, thence to the Buzzard’s Roost, and thence with the middle of said river to the place of beginning.” And whereas it having been represented to the party to the said Treaty in behalf of the Creek Nation, that a certain extension of said lines might embrace in the cession all the lands which will be found to lie within the chartered limits of Georgia, and which are owned by the Creeks, the undersigned do hereby agree to the following extension of said lines, viz: In the place of “forty-seven miles,” as stipulated in the second article of the Treaty Further cession.aforesaid, as the point of beginning, the undersigned agree that it shall be *fifty* miles, in a direct line below the point designated in the second article of said Treaty; thence running in a direct line to a point in the boundary line between the Creeks and Cherokees, *forty-five miles* west of said Buzzard’s Roost, in the place of “thirty miles,” as stipulated in said Treaty; thence to the Buzzard’s Roost, and thence to the place of beginning—it being understood that these lines are to stop at their intersection with the boundary line between Georgia and Alabama, wherever that may be, if that line shall cross them in the direction of the Buzzard’s Roost, at a shorter distance than it is provided they shall run; and provided, also, that if the said dividing line between Georgia 290 TREATY WITH THE CHIPPEWAS. 1826.and Alabama shall not be reached by the extension of the two lines aforesaid, the one three, and the other fifteen miles, they are to run and terminate as defined in this supplemental article to the Treaty aforesaid. Payment to Creeks. It is hereby agreed, in consideration of the extension of said lines, on the part of the other party to the Treaty aforesaid, in behalf of the United States, to pay to the Creek Nation, immediately upon the ratification of said Treaty, the sum of thirty thousand dollars. In witness whereof, the parties aforesaid have hereunto set their hands and seals, this thirty-first day of March, in the year of our Lord one thousand eight hundred and twenty-six. JAMES BARBOUR. Opothle Yoholo, John Stidham, Mad Wolf, Tuskeekce Tustennuggeo, Yoholo Micco, Menawee, Charles Cornnels, Apauli Tustennuggee, Coosa Tustennuggee, Mahetluc Hopie, Selocta, Timpoochy Barnett, Ledagee. In presence of Thomas L. McKenney. John Crowell, Agent for I. A. John Ridge, Secretary. David Vann. Wm. Hambly. To the Indian names are subjoined marks. Aug. 5, 1826 Treaty 7 Stat. 290 ARTICLES OF A TREATY Aug. 5, 1826.Proclamation, Feb. 7, 1827.*Made and concluded at the Font du Lac of Lake Superior, this fifth day of August, in the year of our Lord one thousand eight hundred and twenty-six, between Lewis Cass and Thomas L. McKenney, Commissioners on the part of the United States, and the Chippewa Tribe of Indians.* Preamble.Whereas a Treaty was concluded at Prairie du Chien in August last, by which the war, which has been so long carried on, to their mutual distress, between the Chippewas and Sioux, was happily terminated by the intervention of the United States; and whereas, owing to the remote and dispersed situation of the Chippewas, full deputations of their different bands did not attend at Prairie du Chien, which circumstance, from the loose nature of the Indian government, would render the Treaty of doubtful obligation, with respect to the bands not represented; and whereas, at the request of the Chippewa Chiefs, a stipulation was inserted in the Treaty of Prairie du Chien, by which the United States agreed to assemble the Chippewa Tribe upon Lake Superior during the present year, in order to give full effect to the said Treaty, to explain its stipulations and to call upon the whole Chippewa tribe, assembled at their general council fire, to give their formal assent thereto, that the peace which has been concluded may be rendered permanent, therefore— ARTICLE 1. Indians agree to the treaty of Prairie du Chien.The Chiefs and Warriors of the Chippewa Tribe of Indians hereby fully assent to the Treaty concluded in August last at Prairie du Chien, and engage to observe and fulfil the stipulations thereof. 291 ARTICLE 2. A deputation shall be sent by the Chippewas to the Treaty to be held A deputation to be sent to Green Bay.in 1827, at Green Bay, with full power to arrange and fix the boundary line between the Chippewas and the Winnebagoes and Menomonees, which was left incomplete by the treaty of Prairie du Chien, in consequence of the non-attendance of some of the principal Menomonee Chiefs. ARTICLE 3. The Chippewa tribe grant to the government of the United States the Metals or minerals.right to search for, and carry away, any metals or minerals from any part of their country. But this grant is not to affect the title of the land, nor the existing jurisdiction over it. ARTICLE 4. It being deemed important that the half-breeds, scattered through this Location for the use of the half-breeds.extensive country, should be stimulated to exertion and improvement by the possession of permanent property and fixed residences, the Chippewa tribe, in consideration of the affection they bear to these persons, and of the interest which they feel in their welfare, grant to each of the persons described in the schedule hereunto annexed, being half-breeds and Chippewas by descent, and it being understood that the schedule includes all of this description who are attached to the Government of the United States, six hundred and forty acres of land, to be located, under the direction of the President of the United States, upon the islands and shore of the St. Mary’s river, wherever good land enough for this purpose can be found; and as soon as such locations are made, the jurisdiction and soil thereof are hereby ceded. It is the intention of the parties, that, where circumstances will permit, the grants be surveyed in the ancient French manner, bounding not less than six arpens, nor more than ten, upon the river, and running back for quantity; and that where this cannot be done, such grants be surveyed in any manner the President may direct. The locations for Oshauguscodaywayqua and her descendents shall be adjoining the lower part of the military reservation, and upon the head of Sugar Island. The persons to whom grants are made shall not have the privilege of conveying the same, without the permission of the President. ARTICLE 5. In consideration of the poverty of the Chippewas, and of the sterile Annuity of $2000 in money or goods to be paid them.nature of the country they inhabit, unfit for cultivation, and almost destitute of game, and as a proof of regard on the part of the United States, it is agreed that an annuity of two thousand dollars, in money or goods, as the President may direct, shall be paid to the tribe, at the Sault St. Marie. But this annuity shall continue only during the pleasure of the Congress of the United States. ARTICLE 6. With a view to the improvement of the Indian youths, it is also agreed, Annual payment for the improvement of their children.that an annual sum of one thousand dollars shall be appropriated to the support of an establishment for their education, to be located upon some part of the St. Mary’s river, and the money to be expended under the direction of the President; and for the accommodation of such school, a section of land is hereby granted. But the payment of the one thousand dollars stipulated for in this article, is subject to the same limitation described in the preceding article. 292 ARTICLE 7. Rejection of certain articles not to affect the validity of the others.The necessity for the stipulations in the fourth, fifth and sixth articles of this treaty could be fully apparent, only from personal observation of the condition, prospects, and wishes of the Chippewas, and the Commissioners were therefore not specifically instructed upon the subjects therein referred to; but seeing the extreme poverty of these wretched people, finding them almost naked and starving, and ascertaining that many perished during the last winter, from hunger and cold, they were induced to insert these articles. But it is expressly understood and agreed, that the fourth, fifth and sixth articles, or either of them, may be rejected by the President and Senate, without affecting the validity of the other articles of the treaty. ARTICLE 8. Authority of U. S. acknowledged.The Chippewa tribe of Indians fully acknowledge the authority and jurisdiction of the United States, and disclaim all connection with any foreign power, solemnly promising to reject any messages, speeches, or councils, incompatible with the interest of the United States, and to communicate information thereof to the proper agent, should any such be delivered or sent to them. ARTICLE 9. Ratification.This treaty, after the same shall be ratified by the President and Senate of the United States, shall be obligatory on the contracting parties. Done at the Fond du Lac of Lake Superior, in the Territory of Michigan, the day and year above written, and of the Independence of the United States the fifty-first. LEWIS CASS, THOS. L. M’KENNEY. *St. Mary’s.* Shingauba Wossin, Shewaubeketoan, Wayishkee, Sbeegud. *River St. Croix.* Peezhickee, Noden, Nagwunabee, Kauberuappa, Chaucopee, Jaubeance, Ultauwau, Myeerigunsheens, Mcasomonee, Muckuday peenaas, Sheeweetaugun. *La Pointé.* Peezhickee, Keemeewun, Kaubuzoway Wyauweenind, Peekwaukwotoansekay. *Ottoway L.* Paybaumikoway, *Lac de Flambeau.* Gitshee Waubeeshaans, Moazonee, Gitshee Migeezee, Mizhauquot *Ontonagon.* Keeshkeetowug, Peenaysee, Mautaugumee, Kweeweezaisisb. *Vermillion Lake.* Attickoans, Gyutsheeininee, Jaukway, Madwagkunageezhigwaab, Jaukogeezhigwaishkun, Neezhoday, Nundocheeais, Ogeemaugeegid, Anneemeekees. *Ontonagon.* Kauwaishkung, Mautaugumee. *Snake River.* Waymittegoash, 293 Iskquagwunaabee, Meegwunaus. *Lac du Flambeau.* Pamoossay, Maytaukooseegay. *Rainy Lake.* Aanubkumigishkunk. *Sandy Lake.* Osaumcmikee, Gitshee Waymitteegooast, Paashuninleel, Wauzhuskokok, Nitumogaubuwee, Wattap. *Fond du Lac.* Shingoop, Monetogeezisoans, Mongazid, Manetogeezhig, Ojauneemauson, Miskwautais, Naubunay geezhig, Unnauwaubundaun, Pautaubay, Migeesee. *Ontonagon.* Waubishkeepcenaas, Tweeshtweeshkeeway, Kundekund, Oguhbayaunuhquotwaybee, Paybaumausing, Keeshkeemun. *River de Corbeau.* Maugugaubowie, Pudud, Naugdunosh, Ozhuskuckoen, Waubogee, Sawbanosh, Keewayden, Wynunee, Obumaugeezhig, Payboumidgeewung, Maugeegaubou, Paybaumogeezhig, Kanbemappa, Waymittegoazbu, Oujupenaas, Madwayossin, In presence of A. Edwards, Secretary to the Commission. E. Boardman, Captain commanding detachment. Henry R. Schoolcraft, U. S. Indian Agent. T. Pitcher, Assistant Surgeon. J. B. Kingsbury, Lieut. 3d Infantry. E. A. Brush, Daniel Dingley. A. Morrison. B. Champman. Henry Connor. W. A. Levake. J. O. Lewis. SUPPLEMENTARY ARTICLE. As the Chippewas who committed the murder upon four American citizens, in June, 1824, upon the shores of Lake Pepin, are not present at this council, but are far in the interior of the country, so that they cannot be apprehended and delivered to the proper authority before the commencement of the next Summer; and, as the Commissioners have been specially instr.ucted to demand the surrender of these persons, and to state to the Chippewa tribe the consequence of suffering such a flagitious outrage to go unpunished, it is agreed, that the persons guilty of the beforementioned murder shall be brought in, either to the Sault St. Marie, or Green Bay, as early next summer as practicable, and surrendered to the proper authority; and that, in the mean time, all further measures on the part of the United States, in relation to this subject, shall be suspended. LEWIS CASS, THOS. L. McKENNEY. Representing the Bands to whom the persons guilty of the murder belong, for themselves and the Chippewa tribe. Gitshee Meegeesee, Metaukoosegay, Ouskunxheema, Keenisteno. { Witnesses—A. Edwards, Secretary to the Commission, E. Boardman, Capt. commanding detachment. Henry R. Schoolcraft, U. S. Indian Agent. Henry Connor, Interpreter. To the Indian names are subjoined marks. 294 *Schedule referred to in the preceding Treaty.* To Oshauguscodaywagqua, wife of John Johnston, Esq. to each of her children, and to each of her grand children, one section. To Saugemauqua, widow of the late John Baptiste Cadotte, and to her children, Louison, Sophia, Archangel, Edward, and Polly, one section each. To Keneesequa, wife of Samuel Ashman, and to each of her children, one section. To Teegaushau, wife of Charles H. Oakes, and to each of her children, one section. To Thomas Shaw, son of Obimetunoqua, and to his wife Mary, being also of Indian descent, each one section. To Fanny Levake, daughter of Meeshwauqua, and to each of her children, one section. To Obayshaunoquotoqua, wife of Francis Goolay, Jr. one section. To Omuckackeence, wife of John Holiday, and to each of her children, one section. To Obimegeezhigoqua, wife of Joseph Due Cheite, Jr. and to each of her children, one section. To Monedoqua, wife of Charles Cloutier, one section. To Susan Yarns, daughter of Odanbitogeezhigoqua, one section. To Henry Sayer and John Sayer, sons of Obernau unoqua, each one section. To each of the children of John Tanner, being of Chippewa descent, one section. To Wassidjeewunoqua, and to each of her children, by George Johnston, one section. To Michael Cadotte, senior, son of Equawaice, one section. To Equaysayway, wife of Michael Cadotte, senior, and to each of her children living within the United States, one section. To each of the children of Charlotte Warren, widow of the late Truman A. Warren, one section. To Mary Chapman, daughter of Equameeg, and wife of Bela Chapman, and to each of her children, one section. To Saganoshequa, wife of John H. Fairbanks, and to each of her children, one section. To Shaughunomonee, wife of William Morrison, and to each of her children, one section. To each of the children of the late Ingwaysuh, wife of Joseph Coté, one section. To each of the children of Angelique Coté, late wife of Pierre Coté, one section. To Pazhikwutoqua, wife of William Aitken, and to each of her children, one section. To Susan Davenport, grand daughter of Misquabunoqua, and wife of Ambrose Davenport, and to each of her children, one section. To Waubunequa, wife of Augustin Belanger, and to each of her children, one section. To Charlotte Louisa Morrison, wife of Allan Morrison, and daughter of Manitowidjewung, and to each of her children, one section. To each of the children of Eustace Roussain, by Shauwunaubunoqua, Wauwaussumoqua, and Payshaubunoqua, one section. To Isabella Dingley, wife of Daniel Dingley and daughter of Pimegeezhigoqua, and to each of her children, one section. To George Birkhead, being a Chippewa by descent, one section. To Susan Conner, wife of Thomas Conner, and daughter of Pimegeezhigoqua, and to each of her children, one section. TREATY WITH THE POTTAWATIMIES. 1826. 295 To the children of George Ermatïnger, being of Shawnee extraction, we sections collectively. To Ossinahjeeunoqua, wife of Michael Cadotte, Jr. and to each of her children, one section. To Minedemoeyah, wife of Pierre Dnvernay, one section. To Ogeemaugeezhigoqua, wife of Basil Boileau, one section. To Wauneaussequa, wife of Paul Boileau, one section. To Kaukaubesheequa, wife of John Baptiste Corbeau, one section. To John Baptiste Du Chenepson of Pimegeizhigoqua, one section. To each of the children of Ugwudaushee, by the late Truman A. Warren, one section. To William Warren, son of Lyman M. Warren, and Mary Cadotte, one section. To Antoine, Joseph, Louis, Chalot, and Margaret Charette, children of Equameeg, one section. To the children of Francois Boutcher, by Waussequa, each one section. To Angelique Brabent, daughter of Waussegundum, and wife of Alexis Brabent, one section. To Odishqua, of Sault St. Marie, a Chippewa, of unmixed blood, one section. To Pamidjeewung, of Sault St. Marie, a Chippewa, of unmixed blood, one section. To Waybossinoqua, and John J. Wayishkee, children of Wayishkee, each one section. LEWIS CASS, THOS. L. McKENNEY. Oct. 16, 1826 Treaty 7 Stat. 295 ARTICLES OF A TREATY Oct. 16, 1826.Proclamation, Feb. 7, 1827.*Made and concluded near the mouth of the Mississincwa, upon the Wabash, in the State of Indiana, this sixteenth day of October, in the year of our Lord one thousand eight hundred, and twenty-six, between Lewis Cass, James B. Ray, and John Tipton, Commissioners on the part of the United States, and the Chiefs and Warriors of the Potawatamie Tribe of Indians.* ARTICLE 1. The Potawatamie tribe of Indians cede to the United States their Land ceded to United States.right to all the land within the following limits: Beginning on the Tippecanoe river, where the Northern boundary of the tract ceded by the Potawatamies to the United States by the treaty of St. Mary’s, in the year of our Lord one thousand eight hundred and eighteen intersects the same; thence, in a direct line, to a point on Eel river, half way between the mouth of the said river and Pierish’s village; thence up Eel River, to Seek’s village, near the head thereof; thence, in a direct line, to the mouth of a creek emptying into the St. Joseph’s of the Miami, near Metea’s village; thence, up the St. Joseph’s, to the boundary line between the States of Indiana and Ohio; thence, South to the Miami; thence, up the same, to the reservation at Fort Wayne; thence, with the lines of the said reservation, to the boundary established by the treaty with the Miamies in one thousand eight hundred and eighteen; thence, with the said line, to the Wabash river; thence, with the same river, to the mouth of the Tippecanoe river; and thence, 296with the said Tippecanoe river, to the place of beginning. And the said tribe also cede to the United States, all their right to land within the following limits; Beginning at a point upon Lake Michigan, ten miles due north of the southern extreme thereof: running thence, due east, to the land ceded by the Indians to the United States by the treaty of Chicago; thence, south, with the boundary thereof, ten miles; thence, west, to the southern extreme of Lake Michigan; thence, with the shore thereof, to the place of beginning. ARTICLE 2. Further cession.As an evidence of the attachment which the Potawatamie tribe feel towards the American people, and particularly to the soil of Indiana, and with a view to demonstrate their liberality, and benefit themselves by creating facilities for travelling and increasing the value of their remaining country, the said tribe do hereby cede to the United States, a strip of land, commencing at Lake Michigan, and running thence to the Wabash river, one hundred feet wide, for a road, and also, one section of good land contiguous to the said road, for each mile of the same, and also for each mile of a road from the termination thereof, through Indianapolis to the Ohio river, for the purpose of making a road aforesaid from Lake Michigan, by the way of Indianapolis, to some convenient point on the Ohio river. *And the General Assembly of the State of Indiana shall have a right to locate the said road, and to apply the said sections, or the proceeds thereof, to the making of the same, or any part thereof; and the said grant shall be at their sole disposal.*(*a*) (*a*) These words in Italics were struck out by the Senate. ARTICLE 3. Annuity for 22 years.In consideration of the cessions in the first article, the United States agree to pay to the Potawattamie tribe, an annuity of two thousand dollars in silver, for the term of twenty-two years, and also to provide and support a black-smith for them at some convenient point; to appropriate, for the purposes of education, the annual sum of two thousand dollars, as long as the Congress of the United States may think proper, to be expended as the President may direct; and also, to build for them a mill, sufficient to grind corn, on the Tippecanoe river, and to provide and support a miller; and to pay them annually one hundred and sixty bushels of salt; all of which annuities, herein specified, shall be paid by the Indian Agent at Fort Wayne. ARTICLE 4. Payment in goods.The Commissioners of the United States have caused to be delivered to the Potawatamie tribe, goods to the value of thirty thousand five hundred and forty-seven dollars and seventy-one cents in goods, in consideration of the cessions in the first article of this treaty. Now, there fore, it is agreed, that, if this treaty should be ratified by the President and Senate of the United States, the United States shall pay to the persons named in the schedule this day transmitted to the War Department, and signed by the Commissioners, the sums affixed to their names respectively, for goods furnished by them, and amounting to the said sum of thirty thousand five hundred and forty-seven dollars and seventy-one cents, and also, to the persons who may furnish the said further sum, the amount of nine hundred dollars thus furnished. And it is also agreed, that payment for all these goods shall be made by the Potawatamie tribe out of their annuity, if this treaty should not be ratified by the United States. ARTICLE 5. U. S. agree to pay certain claims against Pottawatimies.The Potawatamie tribe being anxious to pay certain claims existing against them, it is agreed, as a part of the consideration for the cessions 297in the first article, that these claims, which are stated in a schedule this day signed by the Commissioners, and transmitted to the War Department, and amounting to the sum of nine thousand five hundred and seventy-three dollars. (*a*) (*a*) See note to page 299. ARTICLE 6. The United States agree to grant to each of the persons named in the Grants to persons named in the schedule annexed.schedule hereunto annexed, the quantity of land therein stipulated to be granted; but the land, so granted, shall never be conveyed by either of the said persons, or their heirs, without the consent of the President of the United States; and it is also understood, that any of these grants may be expunged from the schedule, by the President or Senate of the United States, without affecting any other part of the treaty. ARTICLE 7. The Potawatamie Indians shall enjoy the right of hunting upon any Hunting.part of the land hereby ceded, as long as the same shall remain the property of the United States. ARTICLE 8. The President and Senate of the United States may reject any article Certain articles only, may be rejected.of this treaty, except those which relate to the consideration to be paid for the cessions of the land; and such rejection shall not affect any other part of the treaty. ARTICLE 9. This treaty, after the same shall be ratified by the President and Treaty binding when ratified.Senate, shall be binding upon the United States. In testimony whereof, the said Lewis Cass, James B. Ray, and John Tipton, Commissioners, as aforesaid, and the Chiefs and Warriors of the said Potawatamie tribe, have hereunto set their hands, at the Wabash, on the sixteenth day of October, in the year of our Lord, one thousand eight hundred and twenty-six, and of the Independence of the United States the fifty first. LEWIS CASS, J. BROWN RAY, JOHN TIPTON. Topenibe, Gebaus, Toisoe, Metes, Aubenaube, Ashkom, Penashsbees, Pecbeco, Waupaukeeno, Pashpo, Kasha, Pierish, Penamo, Nasawauka, Mauxa, Makose, Shaupatee, Noshaweka, Menauquet, Wimeko, Saukena, Kepeaugun, Menomonie, Shoklo, Shapeness, Motiel, Jekose, Naquoquet, Waubonsa, Wasaushuck, Shaauquebe, Psakauwa, Kaukaamake, Shekomuk, Makasess, No-ne, Shepshauwano, Mesheketono, Sqnawbuk, Maunis, Jequaumkogo, Kewaunc, Ahnowawousa, Louisou, Washeone, Shakauwasce, Paskauwesa, Nauksee, Mukkose, Chechaukkose, 298 Louison, Meshekaunau, Kauk, Ackkushewa, Mukkose, Shaquinon, Waupsee, Menno, Showaukau, Kaukaukshee, Pashshepowo, Nowikasto. Done in presence of William Marshall, Secretary to the Commission. J. M. Ray, Assistant Secretary to the Commission. Jno. Ewing, Senator, State of Indiana. Benj. B. Kercheval, Sub Agent. William Conner, Interpreter. Joseph Barron, Interpreter. Henry Conner, Interpreter. Josiah F. Polk. Felix Hinchman. Isaac McCoy. D. G. Jones. Samuel Hanna, Member of the Legislature. Martin M. Ray, Member of the Legislature. James Conner, Interpreter. James Foster. James Gregory, Senator, of Indiana. O. L. Glark. C. W. Ewing. J. D. Dorsey. Lewis G. Thompson. To the Indian names are subjoined marks. *Schedule of grants referred to in the foregoing Treaty.* Land granted to each of the following persona by the sixth article. To Abraham Burnett, three sections of land; one to be located at and to include Wynetnac’s village, the centre of the line on the Wabash to be opposite that village, and running up and down the river one mile in a direct line, and back for quantity; the two other sections, commencing at the upper end of the Prairie, opposite the mouth of the Passeanong creek, and running down two miles in a direct line, and back, for quantity. To Nancy Burnett, Rebecca Burnett, James Burnett, and William Burnett, each one section of land, to be located under the direction of the President of the United States; which said Abraham, Nancy, Rebecca and James, are the children, and the said William is the grand-child of Kaukeama, the sister of Topenibe, the principal Chief of the Potawatamie tribe of Indians. To Eliza C. Kercheval, one section on the Miami river, commencing at the first place where the road from Fort Wayne to Defiance strikes the Miami on the north side thereof, about five miles below Fort Wayne, and from that point running half a mile down the river, and half a mile up the river, and back for quantity. To James Knaggs, son of the sister of Okeos, Chief of the river Huron Potawatamies, one half section of land upon the Miami, where the boundary line between Indiana and Ohio crosses the same. To the children of Joseph Barron, a relation of Richardville, principal Chief of the Miamies, three sections of land, beginning at the mouth of Eel River, running three miles down the Wabash in a direct line, thence back for quantity. To Zachariah Cicott, who is married to an Indian woman, one section of land, below and adjoining Abraham Burnett’s land, and to be located in the same way. To Baptiste Cicott, Sophi Cicott, and Emelia Cicott, children of Zachariah Cicott, and an Indian woman, one half section each, adjoining and below the section granted to Zachariah Cicott. To St. Luke Bertrand and Julia Ann Bertrand, children of Madeline Bertrand, a Potawatamie woman, one section of land, to be located under the direction of the President of the United States. To the children of Stephen Johnson, killed by the Potawatamie Indians, one half section of land, to be located under the direction of the President of the United States. To each of the following persons, Indians by birth, and who are now, or have been, scholars in the Carey Mission School, on the St. Joseph’s, under the direction of the Rev. Isaac M‘Coy, one quarter section of land, to be located under the direction of the President of the United 299States; that is to say: Joseph Bourissa, Noaquett, John Jones, Nuko, Soswa, Manotuk, Betsey Ash, Charles Dick, Susanna Isaacs, Harriet Isaacs, Betsey Plummer, Angelina Isaacs, Jemima Isaacs, Jacob Corbly, Konkapot, Celicia Nimham, Mark Bourissa, Jude Bourissa, Annowussau, Topenibe, Terrez, Sheshko, Louis Wilmett, Mitchel Wilmett, Lezett Wilmett, Esther Baily, Roseann Baily, Eleanor Baily, Quehkna, William Turner, Chaukenozwoh, Lazarus Bourissa, Achan Bourissa, Achemukquee, Wesauwau, Peter Moose, Ann Sharp, Joseph Wolf, Misnoqua, Pomoqua, Wymego, Cheekeh, Wauwossemoqua, Meeksumau, Kakautmo, Richard Clements, Louis McNelf, Shoshqua, Nscotenama, Chikawketeh, Mnsheewoh, Saugana, Msonkqua, Mnitoqua, Okutcheek, Naomi G. Browning, Antoine, St, Antoine, Mary; being in all fifty-eight. To Jane Martin and Betsey Martin, of Indian descent, each one section of land, to be located under the direction of the President of the United States. To Mary St. Combe, of Indian descent, one quarter section of land, to be located under the direction of the President of the United States. To Francois Dequindre, of Indian descent, one section of land, to be located under the direction of the President of the United States. To Baptiste Jutreace, of Indian descent, one half section of land, to be located under the direction of the President of the United States. To John B. Bourie, of Indian descent, one section of land, to be located on the Miami river, adjoining the old boundary line below Fort Wayne. To Joseph Parks, an Indian, one section of land, to be located at the point where the boundary line strikes the St. Joseph’s, near Metea’s village. To George Cicott, a Chief of the Potawatamies, three sections and a half of land; two sections and a half of which to be located on the Wabash, above the mouth of Crooked creek, running two miles and a half up the river, and back for quantity, and the remaining section at the Falls of Eel river, on both sides thereof. To James Conner, one section of land; to Henry Conner, one section; and to William Conner, one section; beginning opposite the upper end of the Big Island, and running three miles in a direct line down the Wabash, and back for quantity. To Hyacinth Lassel, two sections of land, to be located under the direction of the President of the United States. To Louison, a half Potawatamie, two sections of land, to be located under the direction of the President of the United States. LEWIS CASS, J. BROWN RAY, JOHN TIPTON. Note.—The Senate, in ratifying the foregoing treaty, excepted the words in Art. 2 which are printed in Italics, and expressed their understanding that the meaning of Art. 5 is, that the money therein mentioned shall be paid by the United States to the individuals named in the schedule referred to therein. Oct. 23, 1826 Treaty 7 Stat. 300 ARTICLES OF A TREATY Oct. 23, 1826.Proclamation, Jan. 24, 1827*Made and concluded, near the mouth of the Mississinewa, upon the Wabash, in the State of Indiana, this twenty-third day of October, in the year of our Lord one thousand eight hundred and twenty-six, between Lewis Cass, James B. Ray, and John Tipton, Commissioners on the part of the United States, and the Chiefs and Warriors of the Miami Tribe of Indians.* ARTICLE 1. Lands ceded to the U. S.The Miami Tribe of Indians cede to the United States all their claim to land in the State of Indiana, north and west of the Wabash and Miami rivers, and of the cession made by the said tribe to the United States, by the treaty concluded at St. Mary’s October 6, 1818. ARTICLE 2. Reservations for the use of said tribe. Post. p. 509. From the cession aforesaid, the following reservations, for the use of the said tribe, shall be made: Fourteen sections of Land at Seek’s village; Five sections for the Beaver, below and adjoining the preceding reservation; Thirty-six sections at Flat Belly’s Village; Five sections for Little Charley, above the old village, on the North side of Eel river; One section for Laventure’s daughter, opposite the Islands, about fifteen miles below Fort Wayne; One section for Chapine, above, and adjoining Seek’s village; Tett sections at the White Raccoon’s village; Ten sections at the mouth of Mud Creek, on Eel river, at the old village; Ten sections at the forks of the Wabash; One reservation commencing two miles and a half below the mouth of the Mississinewa, and running up the Wabash five miles, with the bank thereof, and from these points running due north to Eel river. Canal or road through the reservations. And it is agreed, that the State of Indiana may lay out a canal or a road through any of these reservations, and for the use of a canal, six chains along the same are hereby appropriated. ARTICLE 3. Land granted, net to be conveyed without the consent of the President.There shall be granted to each of the persons named in the schedule hereunto annexed, and to their heirs, the tracts of land therein designated; but the land so granted shall never be conveyed without the consent of the President of the United States. ARTICLE 4. Payment in goods. The Commissioners of the United States have caused to be delivered to the Miami tribe goods to the value of $31,040 53, in part consideration for the cession herein made; and it is agreed, that if this treaty shall be ratified by the President and Senate of the United States, the United States shall pay to the persons, named in the schedule this day signed by the Commissioners, and transmitted to the War Department, the sums affixed to their names respectively, for goods furnished by them, and amounting to the sum of $31,040 53. And it is further 300 TREATY WITH THE MIAMIES. 1826.301 agreed, that payment for these goods shall be made by the Miami tribe Further agreement.out of their annuity, if this treaty be not ratified by the United States. And the United States further engage to deliver to the said tribe, in Additional payment in goods.the course of the next summer, the additional sum of $26,259 47 in goods. And it is also agreed, that an annuity of thirty-five thousand dollars, Annuity.ten thousand of which shall be in goods, shall be paid to the said tribe in the year one thousand eight hundred and twenty-seven, and thirty thousand dollars, five thousand of which shall be in goods, in the year one thousand eight hundred and twenty-eight; after which time, a permanent annuity of twenty-five thousand dollars shall be paid to them, as long as they exist together as a tribe; which several sums are to include the annuities due by preceding treaties to the said tribe. And the United States further engage to furnish a wagon and one A wagon, &c. to be furnished certain persons.yoke of oxen for each of the following persons: namely, Joseph Richardville, Black Raccoon, Flat Belly, White Raccoon, Francois Godfroy, Little Beaver, Mettosanea, Seek, and Little Huron; and one wagon and a yoke of oxen for the band living at the forks of the W’abash. And also to cause to be built a house, not exceeding the value of six A house for certain persons.hundred dollars for each of the following persons: namely, Joseph Richardville, Francois Godfroy, Louison Godfroy, Francis Lafontaine, White Raccoon, La Gros, Jean B. Richardville, Flat Belly, and Wau-we-as-see. And also to furnish the said tribe with two hundred head of cattle, Cattle, &c. for said tribe.from four to six years old, and two hundred head of hogs; and to cause to be annually delivered to them, two thousand pounds of iron, one thousand pounds of steel, and one thousand pounds of tobacco. And to provide five labourers to work three months in the year, for Further provision.the small villages, and three labourers to work three months in the year, for the Mississinewa band. ARTICLE 5. The Miami tribe being anxious to pay certain claims existing against Claims against said tribe to be paid by U. S.them, it is agreed, as a part of the consideration for the cession in the first article, that these claims amounting to $7,727 47, and which are stated in a schedule this day signed by the Commissioners, and transmitted to the War Department, shall be paid by the United States. ARTICLE 6. The United States agree to appropriate the sum of two thousand dollars Appropriation for the support of the poor and infirm.annually, as long as Congress may think proper, for the support of poor infirm persons of the Miami tribe, and for the education of the youth of the said tribe; which sum shall be expended under the direction of the President of the United States. ARTICLE 7. It is agreed, that the United States shall purchase of the persons, Further agreement. Ante, p. 189.named in the schedule hereunto annexed, the land therein mentioned, which was granted to them by the Treaty of St. Mary’s, and shall pay the price affixed to their names respectively; the payments to be made when the title to the lands is conveyed to the United States. ARTICLE 8. The Miami tribe shall enjoy the right of hunting upon the land Indians to enjoy the right of hunting, &c.herein conveyed, so long as the same shall be the property of the United States. ARTICLE 9. This treaty, after the same shall be ratified by the President and Senate, Treaty binding when ratified.shall be binding upon the United States. 302 In testimony whereof, the said Lewis Cass, James B. Ray, and John Tipton, Commissioners as aforesaid, and the Chiefs and Warriors of the said Miami tribe, have hereunto set their hands, at the Wabash, on the twenty-third day of October, in the year of our Lord one thousand eight hundred and twenty-six, and of the Independence of the United States the fifty-first. LEWIS CASS, J. BROWN RAY, JOHN TIPTON. *Chiefs.* Wau-wa-aus-see, Flat Belly, La Gros, White Raccoon, Black Loon, Seek, Mee-se-qua, Nota-wen-sa’a Son, La-from-hroise, Nego-ta-kaup-wa, Osage, Metto-sa-nea, Little Beaver, Black Raccoon, Chin-quin-sa, James Abbot, Lon-gwa, Little Wolf, Pun-ge-she-nau, Wonse-pe-au, Francois Godfroy, Joseph Richardville, Francis Lafontaine, Wau-no-sa, White Skin’s Son, or the Poplar, Cha-pi-ne, Pe-che-wau, or Jean B. Richardville, Chin-go-me-shau, Little Sun, W. Shin-gan-lean, Louis Godfroy, Ou-sane-de-au, Me-chane-qua, Un-e-cea-sa, She-qua-hau, Chin-qua-keau, Charley’s Son. Done in presence of William Marshall, Sec’y to the Commission. J. M. Ray, Assist. Sec’y to Commission. Ben. V. Kercheval, Sub Agent. Wm. Conner, Interpreter. Joseph Barron. C. W. Ewing. J. B. Boure, Interpreter. James Foster. John Ewing, Senator, State of Indiana. James Gregory, Senator, State of Ind. Martin M. Ray, Representative, Ind. Sam. Hanna, Representative, Ind. George Hunt O. L. Clark. To the Indian names are subjoined marks. *Schedule of grants referred to in the foregoing Treaty, Article 3d.* To John B. Richardville, one section of land, between the mouth of Pipe Creek and the mouth of Eel River, on the north side of the Wabash, and one section on the north-west side of the St. Joseph, adjoining the old boundary line; also, one half section on the east side of the St. Joseph’s, below Cha-po-tee’s village. To John B. Boure, one section on the north side of the St. Joseph, including Choppatees village. To the wife and children of Charley, a Miami chief, one section where they live. To Ann Hackley and Jack Hackley, one section each, between the Maumee and the St. Joseph’s rivers. To the children of Maria Christiana De Rome, a half blood Miami, one section between the Maumee and the St. Joseph’s, To Ann Turner, alias Hackley, Rebecca Hackley, and Jane S. Wells, each one half section of land, to be located under the direction of the President of the United States. To John B. Richardville, one section of land upon the north side of the Wabash, to include a large spring nearly opposite the mouth of Pipe Creek. TREATY WITH THE CHIPPEWAS, ETC. 1826. 303 To Francois Godfrey, one section above and adjoining said last grant to J. B. Richardville. To Louison Godfroy, one section above and adjoining the grant to Francois Godfroy. To Francis Lafontaine, one section above and adjoining the grant to Louison Godfroy. To John B. Richardville, junior, one section on the Wabash, below and adjoining the reservation running from the Wabash to Eel River. To Joseph Richardville, one section above and adjoining the reservation running from the Wabash to Eel River. To La Gros, three sections, where he now lives, and one section ad joining the Cranberry in the Portage Prairie. A quarter section of land to each of the following persons, namely: Charles Gouin, Purri Gouin, and Therese Gouin, to be located under the direction of the President of the United States. Two sections of land at the old town on Eel River, to be reserved for the use of the Metchinequea. LEWIS CASS, J. BROWN RAY, JOHN TIPTON. Aug. 11, 1827 Treaty 7 Stat. 303 ARTICLES OF A TREATY Aug. 11, 1827.Proclamation, Feb. 23, 1829.*Made and concluded at the Butte des Morts, on Fox river, in the Territory of Michigan, between Lewis Cass and Thomas L. McKenney, Commissioners on the part of the United States, and the Chippewa, Menomonie, and Winebago tribes of Indians.* Article 1. Whereas, the southern boundary of the Chippewa country, Chippewa southern boundary left undefined by treaty of 1825. Ante, p. 272.from the Plover Portage of the Ouisconsin easterly, was left undefined by the treaty concluded at Prairie du Chien, August 19, 1825, in consequence of the non-attendance of some of the principal Menomonie chiefs; and, whereas it was provided by the said treaty, that, whenever the President of the United States might think proper, such of the tribes, parties to the said treaty, as might be interested in any particular line, should be convened, in order to agree upon its establishment; Therefore, in pursuance of the said provision, it is agreed between Southern boundary settled.the Chippewas, Menomonies and Winebagoes, that the southern boundary of the Chippeway country shall run as follows, namely: From the Plover Portage of the Ouisconsin, on a northeasterly course, to a point on Wolf river, equidistant from the Ashawano and Post lakes of said river, thence to the falls of the Pashaytig river of Green Bay; thence to the junction of the Neesau Kootag or Burnt-wood river, with the Menomonie; thence to the big island of the Shoskinaubic or Smooth rock river; thence following the channel of the said river to Green Bay, which it strikes between the little and the great Bay de Noquet. Art. 2. Much difficulty having arisen from the negociations between Territorial difficulties between certain tribes referred to the President of the U. S.the Menomonie and Winebago tribes and the various tribes and portions of tribes of Indians of the State of New York, and the claims of the respective parties being much contested, as well with relation to the tenure and boundaries of the two tracts, claimed by the said New York Indians, west of Lake Michigan, as to the authority of the persons who 304signed the agreement on the part of the Menomonies, and the whole subject having been fully examined at the Council this day concluded, and the allegations, proofs, and statements, of the respective parties having been entered upon the Journal of the Commissioners, so that the same can be decided by the President of the United States; it is agreed by the Menomonies and Winebagoes, that so far as respects their interest in the premises, the whole matter shall be referred to the President of the United States, whose decision shall be final. And the President is authorized, on their parts, to establish such boundaries between them and the New York Indians as he may consider equitable and just. Indian recognition of U.S. title to a certain tract of land. Art. 3. It being important to the settlement of Green Bay that definite boundaries should be established between the tract claimed by the former French and British governments, and the lands of the Indians, as well to avoid future disputes as to settle the question of jurisdiction—It is therefore agreed between the Menomonie tribe and the United States, that the boundaries of the said tracts, the jurisdiction and title of which are hereby acknowledged to be in the United States, Boundaries thereof.shall be as follows, namely.—Beginning on the shore of Green Bay, six miles due north from the parallel of the mouth of Fox river, and running thence in a straight line, but with the general course of the said river, and six miles therefrom to the intersection of the continuation of the westerly boundary of the tract at the Grand Kaukaulin, claimed by Augustin Grignion; thence on a line with the said boundary to the same; thence with the same to Fox river; thence on the same course, six miles; thence in a direct line to the southwestern boundary of the tract, marked on the plan of the claims at Green Bay, as the settlement at the bottom of the Bay; thence with the southerly boundary of the said tract to the southeasterly corner thereof; and thence with the Proviso.easterly boundary of the said tract to Green Bay. Provided, that if the President of the United States should be of opinion that the boundaries thus established interfere with any just claims of the New York Indians, the President may then change the said boundaries in any manner he may think proper, so that the quantity of land contained in the said Proviso.tract be not greater than by the boundaries herein defined. And provided also, that nothing herein contained shall be construed to have any effect upon the land claims at Green Bay; but the same shall remain as though this treaty had not been formed. Distribution of goods among the Indians. Art. 4. In consideration of the liberal establishment of the boundaries as herein provided for, the Commissioners of the United States have this day caused to be distributed among the Indians, goods to the amount of fifteen thousand six hundred and eighty-two dollars, payment for which shall be made by the United States. Annual appropriation for education of Indians. Art. 5. The sum of one thousand dollars shall be annually appropriated for the term of three years; and the sum of fifteen hundred dollars shall be annually thereafter appropriated as long as Congress think proper, for the education of the children of the tribes, parties hereto, and of the New York Indians, to be expended under the direction of the President of the United States. Right of U. S. to punish certain VVinnebagoes. Art. 6. The United States shall be at liberty, notwithstanding the Winebagoes are parties to this treaty, to pursue such measures as they may think proper for the punishment of the perpetrators of the recent outrages at Prairie du Chien, and upon the Mississippi, and for the prevention of such acts hereafter. Treaty to be obligatory when ratified. Art. 7. This treaty shall be obligatory after its ratification by the President and Senate of the United States. TREATY WITH THE POTTAWATIMIES. 1827. 305 Done at the Butte des Morts, on Fox river, in the Territory of Michigan, this eleventh day of August, 1827. LEWIS CASS, THOS L. McKENNEY. *Chippeways.* Shiuguaba Wossin, Wayisbkeo, Shecwanbcketoan, Mazobodo, Gitshee Waubezhaas, Moazoninee, Mishaukewett, Monominee Cashee, Allikumaag, Umbwaygeezhig, Moneeto Penaysee, Akkeewaysee, Sheegad, Wauwaunishkau, Anamikce Waba, Ockewazee. *Menomonees.* Oskashe, Josette Caron, Kominikey, Jun. Kimiown, Kominikey, Sen. Keshiminey, Woiniss-atte, Powoiysnoit, Manbasseaux, Myanatchetnabenme, Pemabeme, Kegisse, L’Espagnol, Kichiaemtort, Hoo Tshoop, (or four legs) Tshayro-tshoan Kaw, Karry-Man-nee, (Walking Turtle) Sau-say-man-nee, Maunk-hay-raith, (Tatood breast) Shoank Skaw, (White dog) Shoank-tshunkaiap, (Black Wolf) Kaw-Kaw-say-kaw, Wheank-Kaw, (Big Duck) Shoank-ay-paw-kaw, (Dog head) Sar-ray-num-nce, (Walking Mat) Waunk-tsbay-hee-sootsh, (Red devil) Wau-kaun-hoa-noa-nick, (Little Snake) Kaw-nee-shaw, (White Crow.) Witnesses:—Philip B. Key, Secretary. E. Boardman, Captain, 2d. U. S. Infantry. Henry R. Schoolcraft, U. S. Indian Agent. Henry B. Brevoort, U. S. Indian Agent. Thomas Rowland. D. G. Jones. R. A. Forsyth. S. Conant. E. A. Brush. Jn. Bte. Fcois. Fauvel, Clergyman. Jesse Miner. Henry Conner, Intorpreter. John Kinzie, Jr. To the Indian names are subjoined marks. [Note.—This treaty was ratified with this proviso, contained in the resolution of the Senate: “That the said treaty shall not impair or effect any right or claim which the New York Indians or any of them have to the lands or any of the lands mentioned in the said treaty.”] Sept. 19, 1827 Treaty 7 Stat. 305 A TREATY Sept. 19, 1827.Proclamation, Feb. 23, 1829.*Between the United States and the Potawatamie Tribe of Indians.* In order to consolidate some of the dispersed bands of the Potawatamie Tribe in the Territory of Michigan at a point removed from the road leading from Detroit to Chicago, and as far as practicable from the settlements of the Whites, it is agreed that the following tracts of land, heretofore reserved for the use of the said Tribe, shall be, and they are Cession of land by the Indians.hereby, ceded to the United States. Two sections of land on the river Rouge at Seginsairn’s village. Two sections of land at Tonguish’s village, near the river Rouge. That part of the reservation at Macon on the river Raisin, which yet belongs to the said tribe, containing six sections, excepting therefrom one half of a section where the Potawatamie Chief Moran resides, which shall be reserved for his use. 306 One tract at Mang ach qua village, on the river Peble, of six miles square. One tract at Mickesawbe, of six miles square. One tract at the village of Prairie Ronde, of three miles square. One tract at the village of Match e be nash she wish, at the head of the Kekalamazoo river, of three miles square, which tracts contain in the whole ninety nine sections and one half section of land. And in consideration of the preceding cession, there shall be reserved for the use of the said tribe, to be held upon the same terms on which Indian reservations are usually held, the following tracts of land. Sections numbered five, six, seven and eight, in the fifth township, south of the base line, and in the ninth range west of the principal meridian in the Territory of Michigan. The whole of the fifth township, south, in the tenth range, west, not already included in the Nottawa Sape reservation. Sections numbered one, two, eleven, twelve, thirteen, fourteen, twenty-three, twenty four, twenty five, twenty six, thirty five, and thirty six, in the fifth township, south, and eleventh range, west. The whole of the fourth township, south, in the ninth range, west. Sections numbered eight, seventeen, eighteen, nineteen, twenty, twenty nine, thirty, thirty one and thirty two, in the fourth township, south, and ninth range, west. Sections numbered one, two, eleven, twelve, thirteen, fourteen, twenty three, twenty four, twenty five, twenty six, thirty five and thirty six, in the fourth township, south, and eleventh range, west. Which tracts of land will form a continuous reservation, and contain ninety nine sections. Treaty binding when ratified. After this treaty shall be ratified by the President and Senate, the same shall be obligatory on the United States and the said tribe of Indians. In testimony whereof, Lewis Cass, Commissioner on the part of the United States, and the Chiefs and Warriors of the said tribe, have here unto set their hands at St. Joseph, in the Territory of Michigan, this nineteenth day of September, A. D. one thousand eight hundred and twenty-seven. LEWIS CASS. Mixs-a-bee, Shee-ko-maig, or marsh fish, Pee-nai-sheish, or little bird, Kce-o-suck-o-wah, Mais-ko-sce, A-bee-ta-que-zic, or half day, Ko-jai-waince, Sa-keo-maus, Mitch-e-pe-nain-she-wish, or bad bird, Ma-tsai-bal-to, Ne-kee-quin-nish-ka, Wa-kai-she-maus, Peerish Morain, Mee-she-pe-she-wa-nan, O-tuck-quen, Que-quan, Wai-sa i-gau, O-kec-yau, Me-shai-wais. In presence of John L. Leib. B. A. Forsyth. Benj. B. Kercheval. Isaac McCoy G. W. Silliman. James J. Godfrey. Joseph Bertrand. T. T. Smith. To the Indian names are subjoined marks. Nov. 15, 1827 Agreement 7 Stat. 307 ARTICLES OF AGREEMENT Nov. 15, 1827.Proclamation, March 4, 1828.*Made and concluded at the Creek Agency, on the fifteenth day of November, one thousand eight hundred and twenty-seven, between Thomas L. McKenney, and John Crowell, in behalf of the United States, of the one part, and Little Prince and others, Chiefs and Head Men of the Creek Nation, of the other part.* Whereas a Treaty of Cession was concluded at Washington City Object of the treaty. Ante, p. 286.in the District of Columbia, by James Barbour, Secretary of War, of the one part, and Opothleoholo, John Stidham, and Others, of the other part, and which Treaty bears date the twenty fourth day of January, one thousand eight hundred and twenty six; and whereas, the object of said Treaty being to embrace a cession by the Creek Nation, of all the lands owned by them within the chartered limits of Georgia, and it having been the opinion of the parties, at the time when said Treaty was concluded, that all, or nearly all, of said lands were em braced in said cession, and by the lines as defined in said Treaty, and the supplemental article thereto: and whereas it having been since ascertained that the said lines in said Treaty, and the supplement thereto, do not embrace all the lands owned by the Creek Nation within the chartered limits of Georgia, and the President of the United States having urged the Creek Nation further to extend the limits as defined in the Treaty aforesaid, and the Chiefs and bead men of the Creek Nation being desirous of complying with the wish of the President of the United States, therefore, they, the Chiefs and head men aforesaid, agree to cede, and they do hereby cede to the United States, all the remaining lands now owned or claimed by the Creek Nation, not heretofore ceded, and which, on actual survey, may be found to lie within the chartered limits of the State of Georgia. In consideration whereof, and in full compensation for the above U. S. agree to pay 827,491.cession, the undersigned, Thomas L. McKenney, and John Crowell, in behalf of the United States, do hereby agree to pay to the Chiefs and head men of the Creek Nation aforesaid, and as soon as may be after the approval and ratification of this agreement, in the usual forms, by the President and Senate of the United States, and its sanction by a council of the Creek Nation, to be immediately convened for the purpose, or by the subscription of such names, in addition to those subscribed to this instrument, of Chiefs and head men of the nation, as shall constitute it the act of the Creek Nation—the sum of twenty-seven thousand four hundred and ninety-one dollars. It is further agreed by the parties hereto, in behalf of the United Further agreement.States, to allow, on account of the cession herein made, the additional sum of fifteen thousand dollars, it being the understanding of both the parties, that five thousand dollars of this sum shall be applied, under the direction of the President of the United States, towards the education and support of Creek children at the school in Kentucky, known by the title of the *“Choetmo Academy,”* and under the existing regulations; also, one thousand dollars towards the support of the Withington, and one thousand dollars towards the support of the Asbury stations, so called, both being schools in the Creek Nation, and under regulations of the Department of War; two thousand dollars for the erection of four horse mills, to be suitably located under the direction of the President of the United States; one thousand dollars to be applied to the 307 TREATY WITH THE CREEKS. 1827.308purchase of cards and wheels, for the use of the Creeks, and the remaining five thousand dollars, it is agreed, shall be paid in blankets and other necessary and useful goods, immediately after the signing and delivery of these presents. In witness whereof, the parties have hereunto set their hands and seals this fifteenth day of November, one thousand eight hundred and twenty-seven. THOMAS L. M’KENNEY, JOHN CROWELL. Little Prince, Epau-emathla, Timpouchoe Burnard, Hathlan Haujo, Oke-juoke Yau-holo, Cassetaw Micco. In presence of Luther Blake, Secretary. Andrew Hamill. Whitman C. Hill. Thomas Crowell. To the Indian names we subjoined a mark and seal. Whereas the above articles of agreement and cession were entered into at the Creek Agency on the day and date therein mentioned, between the Little Prince, the head man of the nation, and five other Chiefs, and Thomas L. McKenney and John Crowell, Commissioners on the part of the United States, for the cession of all the lands owned or claimed by the Creek Nation, and not heretofore ceded, and which, on actual survey, may be found to lie within the chartered limits of the State of Georgia, and which said agreement was made subject to the approval and ratification by the President and Senate of the United States, and the approval and sanction of the Creek Nation, in General Council of the said Nation. Now, these presents witnesseth, that we, the undersigned, Chiefs and head men of the Creek Nation in General Council convened, at *Wetumpka,* this third day of January, one thousand eight hundred and twenty-eight, have agreed and stipulated with John Crowell, Commissioner on the part of the United States, for and in consideration of the additional sum of five thousand dollars, to be paid to us in blankets, and other necessary articles of cloathing, immediately after the signing and sealing of these presents, to sanction, and by these presents do hereby approve, sanction, and ratify, the above-mentioned and foregoing articles of agreement and cession. In witness whereof, the parties have hereunto set their hand and seals, the day and date above mentioned. JOHN CROWELL. *Broken Arrow Town.* Little Prince, Tuskugu, Cotche Hayre. *Cusetau Town,* Tukchenaw, Epi Emartla, Oukpusnu Yoholo. *Cowetaa Town.* Neah Thlucco, Arthlaa Hayre, Cowetaw Micco. *Oswichu Town.* Halatta Tustinuggu, Octiatchu Emartla, Chalre Emartla. *Uchee Town.* Timpoeche Barned, Uchee Tustinuggu, William Barnard. *Hitchetee Town.* Neah Emartla, Hitchelu Emartla, Car Emartla. *Che-anhun Town.* Tuskehemau, Oabe Tushmoggu, Liteff Hargo. TREATY WITH THE MIAMIES. 1828. 309 *Tallawa Thlucco Town.* Micco, Emartla Thlucco, Neah Thlucco. *Suocuto Town.* John Stedham, Neah Micco, Noah Thlucco Yoholo. *Ufala Town.* Tushatche Emartla, Tustinuggu Hajo, Capitche Tustinuggu, *Oakete-ac-stuee Town.* Tuskeheneau. *Halchuchubb Town.* Coosa Micco, Tuskahatche Hajo. *We-kiwa Town.* Charlo Hargo, Hallatta Tustinuggu. *Tuckabatchu Town.* Tustmuggu Thlucco, *by proxy.* Micco Paccah, Tuckahatche Micco, Arcliu Oacne Ementla. *Clewalla Town.* Tustinuggu Ementla, Tuskabachu Fixico, Latla Micco. *Upper Eufalla Town.* Tustinik Cochocone, Holatta Fixico. *Oakpuskee Town.* Tuskugu Hayo, Ementla. *Tallasee Town.* Chosh Harge. *Archieco Town.* Hapaie Fixico, Cametau Tuskehenau. *Tallesee Hatchu Town.* Oakpuske Yoholo, Latta Hayre. *Quaasada Town.* Tustinuggu Chopco. Nocosu Ementla. Mico Hayre. *Tuskugu Town.* Osa Hayo. Osaw Hayo. *Tomasa Town.* Colitchu Ementla. *Chawaccola Hatchu Town.* Cob E. Hayo, Powas Yoholo, Ema Hayre. In presence of Luther Blake, Secretary. Andrew Hamill. Enoch Johnson. Thomas Crowell. Benjamin Marshall, Paddy Carr, Interpreters. Joseph Marshall. John Winslett. To the Indian names are subjoined marks Feb. 11, 1828 Treaty 7 Stat. 309 ARTICLES OF A TREATY Feb. 11, 1828.Proclamation, May 7, 1828.*Made and concluded at the Wyandot village, near the Wabash in the State of Indiana between John Tipton, Commissioner for that purpose, on the part of the United States, and the Chiefs, Head Men and Warriors, of the Eel River, or Thorntown party of Miami Indians.* Art. 1. The Chiefs, Head Men, and Warriors of the Eel River or Cession of land to U.S.Thorntown party of Miami Indians, agree to cede, and by these presents do cede, and relinquish to the United States all their right, title, and claim to a reservation of land about ten miles square, at their village on Sugartree Creek in Indiana, which was reserved to said party by the second article of a Treaty between Commissioners of the United States, and the Miami nation of Indians, made and entered into at St. Mary’s Ante, p. 189.in the State of Ohio, on the sixth day of October, one thousand eight hundred and eighteen. It is understood and agreed on by said Indians, that they will not Indians not to burn houses, &c. on reservation.burn or destroy the houses or fences on said reservation, and that they will leave them in as good condition as they now are; and remove to 310the five mile reservation on Eel River by the fifteeenth day of October next. Goods to amount of 2000 dollars to be delivered to Indians. Art. 2. The Commissioner of the United States has delivered to said party of Indians, goods to the value of two thousand dollars, in part consideration for the cession herein made, and it is agreed that in case this treaty should be ratified by the President and Senate of the United States, that the United States shall pay said party an additional sum of eight thousand dollars in goods next summer, build twelve log houses, ten on the five mile reservation, and two on the Wabash; clear and fence forty acres of land on the five mile reservation, furnish them one wagon and two yoke of oxen, furnish two hands to work three months in each year for two years, five hundred dollars worth of provisions delivered on the Wabash; furnish them five horses', five saddles and five bridles. Proviso. Provided however, that if this treaty should not be ratified by the President and Senate of the United States, that said party agree to pay for the goods this day received, two thousand dollars, to be deducted from their annuity for this present year. Payment to Peter Langlois. Art. 3. At the request of the Indians, and in part consideration for the cession aforesaid, the United States agree to pay to Peter Langlois, one thousand dollars in silver, and three thousand dollars in goods next summer, for provisions and goods heretofore delivered to said party. Appropriation for education of Indian youths. Art. 4. The United States agree to appropriate one thousand dollars per year for five years, and longer if Congress think proper, to be applied under the direction of the President, to the education of the youths of the Miami nation. Fourth article may be modified. Art. 5. It is distinctly understood and agreed on by and between the contracting parties, that the President and Senate may, if they think proper, modify or expunge from this treaty, the fourth article, without affecting any other of its provisions. Treaty obligatory when ratified. Art. 6. This treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding on the contracting parties. In testimony whereof, the said John Tipton, Commissioner as afore said on the part of the United States, and the Chiefs, Head Men, and Warriors, of said party, have hereunto set their hands and seals at the Wyandot village, near the Wabash, this eleventh day of February, in the year of our Lord one thousand eight hundred and twenty-eight. JOHN TIPTON, Comm’r. Ne go la kaup wa, Shaw po to se aw, Ntah ko ke aw, Aw waw no zaw, Kaw koaw ma kau to aw, Aw sawn zaw gaw, Shin go aw zaw, Oh zau ke at tau, Waw paw ko se aw, Mack kon zaw, Man je ne ki ah, Naw waw pawm awn daw, Ne ah law naun daw, Ke pah naw mo aw, Ke we kau taw, Pierrish Constant, Aw wawn saw peau. Attest—Walter Wilson, Secretary to the Commissioner. J. B. Duret Joseph Barron, J. B. Boure, Interpreters. Calvin Fletcher. Saml. Hanna. Allen Hamilton. Jordan Vigus. Pierre Langly. Joseph Holman. To the Indian names are subjoined a mark and seal. May 6, 1828 Convention 7 Stat. 311 ARTICLES OE A CONVENTION, May 6, 1828.Proclamation, May 28, 1828.*Concluded at the City of Washington this sixth day of May, in the year of our Lord one thousand eight hundred and twenty-eight, between James Barbour, Secretary of War, being especially authorized therefor by the President of the United States, and the undersigned, Chiefs and Head Men of the Cherokee Nation of Indians, West of the Mississippi, they being duly authorized and empowered by their Nation.* Whereas, it being the anxious desire of the Government of the Object of the treaty.United States to secure to the Cherokee nation of Indians, as well those now living within the limits of the Territory of Arkansas, as those of their friends and brothers who reside in States East of the Mississippi, and who may wish to join their brothers of the West, *a permanent* home, and which shall, under the most solemn guarantee of the United States, be, and remain, theirs forever—a home that shall never, in all future time, be embarrassed by having extended around it the lines, or placed over it the jurisdiction of a Territory or State, nor be pressed upon by the extension, in any way, of any of the limits of any existing Territory or State; and, Whereas, the present location of the Chero kees in Arkansas being unfavourable to their present repose, and tending, as the past demonstrates, to their future degradation and misery; and the Cherokees being anxious to avoid such consequences, and yet not questioning their right to their lands in Arkansas, as secured to them by Treaty, and resting also upon the pledges given them by the President of the United States, and the Secretary of War, of March, 1818, and 8th October, 1821, in regard to the outlet to the West, and as may be seen on referring to the records of the War Department, still being anxious to secure a permanent home, and to free themselves, and their posterity, from an embarrassing connexion with the Territory of Arkansas, and guard themselves from such connexions in future; and, Whereas, it being important, not to the Cherokees only, but also to the Choctaws, and in regard also to the question which may be agitated in the future respecting the location of the latter, as well as the former, within the limits of the Territory or State of Arkansas, as the case may be, and their removal therefrom; and to avoid the cost which may attend negotiations to rid the Territory or State of Arkansas whenever it may become a State, of either, or both of those Tribes, the parties hereto do hereby conclude the following Articles, viz: Art. 1. The Western boundary of Arkansas shall be, and the same Western boundary of Arkansas defined.is, hereby defined, viz: A line shall be run, commencing on Red River, at the point where the’Eastern Choctaw line strikes said River, and run due North with said line to the River Arkansas, thence in a direct line to the South West corner of Missouri. Art. 2. The United States agree to possess the Cherokees, and to Territory guarantied to Cherokees by U. S.guarantee it to them forever, and that guarantee is hereby solemnly pledged, of seven millions of acres of land, to be bounded as follows, viz: Commencing at that point on Arkansas River where the Eastern Choctaw boundary line strikes said River, and running thence with the Western line of Arkansas, as defined in the foregoing article, to the 311 312South-West corner of Missouri, and thence with the Western boundary line of Missouri till it crosses the waters of Neasho, generally called Grand River, thence due West to a point from which a due South course will strike the present North West corner of Arkansas Territory, thence continuing due South, on and with the present Western boundary line of the Territory to the main branch of Arkansas River, thence down said River to its junction with the Canadian River, and thence up and between the said Rivers Arkansas and Canadian, to a point at which a line running North and South from River to River, will give the aforesaid seven millions of acres. In addition to the seven millions of acres thus provided for, and bounded, the United States further guarantee to the Cherokee Nation a perpetual outlet, West, and a free and unmolested use of alt the Country lying West of the Western boundary of the above described limits, and as far West as the sovereignty of the United States, and their right of soil extend. U. S. to run the lines. Art. 3. The United States agree ta have the lines of the above cession run without delay, say not later than the first of October next, and to remove, immediately after the running of the Eastern line from the Arkansas River to the South-West corner of Missouri, all white persons from the West to the East of said line, and also all others, should there be any there, who may be unacceptable to the Cherokees, so that no obstacles arising out of the presence of a white population, or a population of any other sort, shall exist to annoy the Cherokees—and also to keep all such from the West of said line in future. Persons to be appointed to value Cherokee improvements. Art. 4. The United States moreover agree to appoint suitable persons whose duty it shall be, in conjunction with the Agent, to value all such improvements as the Cherokees may abandon in their removal from their present homes to the District of Country as ceded in the second Article of this agreement, and to pay for the same immediately after the assessment is made, and the amount ascertained. It is further agreed, that the property and improvements connected with the agency, shall be sold under the direction of the Agent, and the proceeds of the same applied to aid in the erection, in the country to which the Cherokees are going, of a Grist, and Saw Mill, for their use. The aforesaid property and improvements are thus defined: Commence at the Arkansas River opposite William Stinnetts, and run due North one mile, thence due East to a point from which a due South line to the Arkansas River would include the Chalybeate, or Mineral Spring, attached to or near the present residence of the Agent, and thence up said River (Arkansas) to the place of beginning. Further agreement. Art. 5. It is further agreed, that the United States, in consideration of the inconvenience and trouble attending the removal, and on account of the reduced value of a great portion of the lands herein ceded to the Cherokees, as compared with that of those in Arkansas which were made theirs by the Treaty of 1817, and Convention of 1819, will pay to the Cherokees, immediately after their removal which shall be within fourteen months of the date of this agreement, the sum of fifty thousand dollars; also an annuity, for three years, of two thousand dollars, towards defraying the cost and trouble which may attend upon going after and recovering their stock which may stray into the Territory in quest of the pastures from which they may be driven—also, eight thousand seven hundred and sixty dollars, for spoliations committed on them, (the Cherokees,) which sum will be in full of all demands of the kind up to this date, as well those against the Osages, as those against citizens of the United States—this being the amount of the claims for said spoliations, as rendered by the Cherokees, and which are believed to be correctly and fairly stated.—Also, one thou-TREATY WITH THE CHEROKEES. 1828.313sand two hundred dollars for the use of Thomas Graves, a Cherokee Chief, for losses sustained in his property, and for personal suffering endured by him when confined as a prisoner, on a criminal, but false accusation; also, five hundred dollars for the use of George Guess, another Cherokee, for the great benefits he has conferred upon the Cherokee people, in the beneficial results which they are now experiencing from the use of the Alphabet discovered by him, to whom also, in consideration of his relinquishing a valuable saline, the privilege is hereby given to locate and occupy another saline on Lee’s Creek. It is further agreed by one United States, to pay two thousand dollars, annually, to the Cherokees, for ten years, to be expended under the direction of the President of the United States in the education of their children, in their own country, in letters and the mechanick arts; also, one thousand dollars towards the purchase of a Printing Press and Types to aid the Cherokees in the progress of education, and to benefit and enlighten them as a people, in their own, and our language. It is agreed further, that the expense incurred other than that paid by the United States in the erection of the buildings and improvements, so far as that may have been paid by the benevolent society who have been, and yet are, engaged in instructing the Cherokee children, shall be paid to the society, it being the understanding that the amount shall be expended in the erection of other buildings and improvements, for like purposes, in the country herein ceded to the Cherokees. The United States relinquish their claim due by the Cherokees to the late United States Factory, provided the same does not exceed three thousand five hundred dollars. Art. 6. It is moreover agreed, by the United States, whenever the Further agreement.Cherokees may desire it, to give them a set of plain laws, suited to their condition—also, when they may wish to lay off their lands, and own them individually, a surveyor shall be sent to make the surveys at the cost of the United States. Art. 7. The Chiefs and Head Men of the Cherokee Nation, aforesaid, Cherokees to surrender lands in Arkansas within fourteen months.for and in consideration of the foregoing stipulations and provisions, do hereby agree, in the name and behalf of their Nation, to give up, and they do hereby surrender, to the United States, and agree to leave the same within fourteen months, as herein before stipulated, all the lands to which they are entitled in Arkansas, and which were secured to them by the Treaty of 8th January, 1817, and the Convention of the 27th February, 1819. Art. 8. The Cherokee Nation, West of the Mississippi having, by Cost of emigration, &c. to be borne by the U. S.this agreement, freed themselves from the harassing and ruinous effects consequent upon a location amidst a white population, and secured to themselves and their posterity, under the solemn sanction of the guarantee of the United States, as contained in this agreement, a large extent of unembarrassed country; and that their Brothers yet remaining in the States may be induced to join them and enjoy the repose and blessings of such a State in the future, it is further agreed, on the part of the United States, that to each Head of a Cherokee family now residing within the chartered limits of Georgia, or of either of the States, East of the Mississippi, who may desire to remove West, shall be given, on enrolling himself for emigration, a good Rifle, a Blanket, and Kettle, and five pounds of Tobacco: (and to each member of bis family one Blanket,) also, a just compensation for the property he may abandon, to be assessed by persons to be appointed by the President of the United States. The cost of the emigration of all such shall also be borne by the United States, and good and suitable ways opened, and provisions procured for their comfort, accommodation, and support, by the way, 314and provisions for twelve months after their arrival at the Agency; and to each person, or head of a family, if he take along with him four persons, shall be paid immediately on his arriving at the Agency and reporting himself and his family, or followers, as emigrants and permanent settlers, in addition to the above, *provided he and they shall have emigrated from within the Chartered limits of the State of Georgia,* the sum of fifty dollars, and this sum in proportion to any greater or less number that may accompany him from within the aforesaid Chartered limits of the State of Georgia. A certain tract of land to be reserved for lire benefit of the United States. Art. 9. It is understood and agreed by the parties to this Convention, that a Tract of Land, two miles wide and six miles long, shall be, and the same is hereby, reserved for the use and benefit of the United States, for the accommodation of the military force which is now, or which may hereafter be, stationed at Fort Gibson, on the Neasho, or Grand River, to commence on said River half a mile below the aforesaid Fort, and to run thence due East two miles, thence Northwardly six miles, to a point which shall be two miles distant from the River aforesaid, thence due West to the said River, and down it to the place of beginning. And the Cherokees agree that the United States shall have and possess the right of establishing a road through their country for the purpose of having a free and unmolested way to and from said Fort. Captain J. Rogers to be paid in full for property lost in the service of U.S. Art. 10. It is agreed that Captain James Rogers, in consideration of his having lost a horse in the service of the United States, and for services rendered by him to the United States, shall be paid, in full for the above, and all other claims for losses and services, the sum of Five Hundred Dollars. Art. 11. This Treaty to be binding on the contracting parties so soon as it is ratified by the President of the United States, by and with the advice and consent of the Senate. Done at the place, and on the day and year above written. JAMES BARBOUR. *Chiefs of the Delegation:* Black Fox, Thomas Graves, ** Written by the signers in their language, and in the characters now in use among them, as discovered by George Guess.George Guess, ** Written by the signers in their language, and in the characters now in use among them, as discovered by George Guess.Thomas Maw, ** Written by the signers in their language, and in the characters now in use among them, as discovered by George Guess.George Marvis, ** Written by the signers in their language, and in the characters now in use among them, as discovered by George Guess.John Looney, John Rogers, J. W. Flawey, Counsellor of Del. Witnesses:—Thos. L. M’Kenney. James Rogers, Interpreter. D. Kurtz. H. Miller. Thomas Murray. D. Brown, Secretary Cherokee Delegation. Pierye Pierya. E. W. Duval, U. S. Agent, &c. Department of War, 31st May, 1823. } To the Hon. Henry Clay, *Secretary of State:* Sir: I have the honor to transmit, herewith, the acceptance of the terms, by the Cherokees, upon which the recent Convention with them TREATY WITH THE WINNEBAGOES. 1828.315was ratified. You will have the goodness to cause the same to be attached to the Treaty, and published with it. I have the honor to be, very respectfully, your obedient servant, SAM’L. L. SOUTHARD.. Council Room, Williamson’s Hotel, Washington, May 31st, 1828. } To the Secretary or War, *Washington City:* Sir: The undersigned, Chiefs of the Cherokee Nation, West of the Mississippi, for and in behalf of said Nation, hereby agree to, and accept of, the terms upon which the Senate of the United States ratified the Convention, concluded at Washington on the sixth day of May, 1828, between the United States and said Nation. In testimony whereof, they hereunto subscribe their names and affix their seals. Thomas Graves, George Marvis, George Marvis, Thomas Maw, John Rogers, Signed and sealed in the presence of Thomas Murray. James Rogers, Interpreter. E. W. Duval, U. S. Agent, &c. To the Indian names are subjoined a mark and seal. [Note.—Thia treaty was ratified with the following proviso, expressed in the resolution of die Senate: “Provided, nevertheless, that the said Convention shall not be so construed as to extend the Northern Boundary of the ‘Perpetual Outlet West,’ provided for and guaranteed in the second article of said Convention, North of the thirty sixth degree of North latitude, or so as to interfere with the lands assigned, or to be assigned, West of the Mississippi River, to the Creek Indians who have emigrated, or may emi grate, from the States of Georgia and Alabama, under the provisions of any Treaty or Treaties heretofore concluded between the United States and the Creek tribe of Indians; and provided further, That nothing in the said Convention shall be construed to cede or assign to the Cherokees any lands heretofore ceded or assigned to any tribe or tribes of Indians, by any Treaty now existing and in force, with any such tribe or tribes.”] Aug. 25, 1828 Treaty 7 Stat. 315 ARTICLES OF AGREEMENT Aug. 25, 1828.Proclamation, Jan. 7, 1829.*With the Winnebago Tribe and the United Tribes of Potawatamie, Chippewa and Ottawa Indians.* The Government of the United States having appointed Commissioners Preamble.to treat with the Sac, Fox, Winebago, Potawatamie, Ottawa, and Chippewa, tribes of Indians, for the purpose of extinguishing their title to land within the State of Illinois, and the Territory of Michigan, situated between the Illinois river and the Lead Mines on Fever River, and in the vicinity of said Lead Mines, and for other purposes; and it having been found impracticable, in consequence of the lateness of the period when the instructions were issued, the extent of the country occupied by the Indians, and their dispersed situation, to convene them in sufficient numbers to justify a cession of land on their part; and the Chiefs of the Winnebago tribe, and of the united tribes of the Potawatamies, Chippewas, and Ottawas, assembled at Green Bay, having de-316clined at this time to make the desired cession, the following temporary arrangement, subject to the ratification of the President and Senate of the United Slates, has this day been made, between Lewis Cass and Pierre Menard, Commissioners of the United States, and the said Winnebago tribe, and the United tribes of Potawatamie, Chippewa, and Ottawa, Indians, in order to remove the difficulties which have arisen in consequence of the occupation, by white persons, of that part of the mining country which has not been heretofore ceded to the United States. Provisional boundary between lends of U. S. and those of the Indians. Article 1. It is agreed that the following shall be the provisional boundary between the lands of the United States and those of the said Indians: The Ouisconsin river, from its mouth to its nearest approach to the Blue Mounds; thence southerly, passing east of the said mounds, to the head of that branch of the Pocatolaka creek which runs near the Spotted Arm’s village; thence with the said branch to the main forks of Pocatolaka creek; thence southeasterly, to the ridge dividing the Winebago country from that of the Potawatamie, Chippewa, and Ottawa tribes; thence southerly, with the said ridge, to the line running from Chicago to the Mississippi, near Rock Island. And it is fully understood, that the United States may freely occupy the country between these boundaries and the Mississippi river, until a treaty shall be held with the Indians for its cession; which treaty, it is presumed, will be held with the year 1829. But it is expressly understood and agreed, that if any white persons shall cross the line herein described, and pass into the Indian country, for the purpose of mining, or for any other purpose whatever, the Indians shall not interfere with nor molest such persons, but that the proper measures for their removal shall be referred to the President of the United States. In the mean time, however, it is agreed, that any just compensation to which the Indians may be entitled for any injuries committed by white persons on the Indian side of the said line, shall be paid to the said Indians at the time such treaty may Ferries to be established over Rock river.be held—It is also agreed by the Indians that a ferry may be established over the Rock River, where the Fort Clark road crosses the same; and, also, a ferry over the same river at the crossing of the Lewiston road. Payment to Indians for trespasses on their mines, &c. Article 2. The United States agree to pay to the Winebago, Potawatamie, Chippewa, and Ottawa Indians, the sum of twenty thousand dollars, in goods, at the time and place when and where the said treaty may be held: which said sum shall be equitably divided between the said tribes, and shall be in full compensation for all the injuries and damages sustained by them, in consequence of the occupation of any part of the mining country by white persons, from the commencement of such occupation until the said treaty shall be held. Excepting, however, such compensation as the Indians may be entitled to, for any injuries hereafter committed on their side of the line hereby established. In testimony whereof, the said Commissioners and the Chiefs of the said tribes have hereunto set their hands, at Green Bay, in the Territory of Michigan, this 25th day of August, in the year of our Lord one thousand eight hundred and twenty-eight. LEWIS CASS, PIERRE MENARD. *Winnebagoes.* Nan-kaw, or Wood, Hoan-kaw, or Chief, Hoo-waun-ee-kaw, or Little Elk, Tshay-ro-tahoan-kaw, or Smoker, Haump-ee-man-ne-kaw, or He who Walks by Day, Hoo-tshoap-kaw, or Four Legs, Morah-tshay-kaw, or Little Priest, Kau-ree-kau-saw-kaw, or White Crow, TREATY WITH THE POTTAWATIMIES. 1828. 317 Wau-kaun-haw-kaw, or Snake Skin, Man-ah-kee-tshump-kaw, or Spotted Arm, Wee-no-she-kaw, Tshaw-wan-shaip-shootsh-kaw, Hoo-tshoap-kaw, or Four Legs, (senior) Nau-soo-ray-risk-kaw, Shoank-tshunsk-kaw, or Black Wolf, Wau-tshe-roo-kun-ah-kaw, or He who is Master of the Lodge, Kay-rah-tsho-kaw, or Clear Weather, Hay-ro-kaw-kaw, or He without Horns, Wan-kaum-kani, or Snake, Kan-kaw-saw-kaw, Man-kay-ray-kau, or Spotted Earth, Thaun-wan-kaw, or Wild Cat, Span-you-kaw, or Spaniard, Shoank-skaw-kaw, or White Dog, Nee-hoo-kaw, or Whirlpools, Nath-kay-saw-kaw, or Fierce Heart, Wheank-kaw, or Duck, Saw-waugh-kee-wau, or He that leaves the Yellow Track. Sin-a-gee-wen, or Ripple, Shush-que-nau, Sa-gin-nai-nee-pee, Nun-que-wee-bee, or Thunder sitting, O-bwa-gunn, or Thunder turn back, Tusk-que-gun, or Last Feather, Maun-gee-zik, or Big Foot, Way-meek-see-goo, or Wampum, Meeks-zoo, Pay-mau-bee-mee, or Him that looks over. Witnesses present:—W. B. Lee, Secretary. H. J. B. Brevoort, U. S. Indian Agent. R. A. Forsyth, Jno. H. Kinzie. John Marsh. E. A. Brush. G. W. Silliman. C. Chouteau. Peter Menard, Jun., Indian Sub-Agent. Henry Gratiot. Pierro Paquet, Winnebago Interpreter. J. Ogee, Potawatimie Interpreter. To the Indian names are subjoined a mark and seal. Sept. 20, 1828 Treaty 7 Stat. 317 ARTICLES OF A TREATY Sept. 20, 1828.Proclamation, Jan. 7, 1829.*Made and concluded at the Missionary Establishments upon the St. Joseph, of Lake Michigan, in the Territory of Michigan, this* 20*th day of September, in the year of our Lord one thousand eight hundred and twenty-eight, between Lewis Cass and Pierre Ménard, Commissioners, on the part of the United States, and the Potowatami tribe of Indians.* Article 1st. The Potowatami tribe of Indians cede to the United Pottawatimies cede part of their lands.States the tract of land included within the following boundaries. 1st. Beginning at the mouth of the St. Joseph, of Lake Michigan, and thence running up the said river to a point on the same river, half way between La-vache-qui-pisse and Macousin village: thence in a direct line, to the 19th mile tree, on the northern boundary line of the State Indiana; thence, with the same, west, to Lake Michigan; and thence, with the shore of the said Lake, to the place of beginning. 2. Beginning at a point on the line run in 1817, due east from the southern extreme of Lake Michigan, which point is due south from the head of the most easterly branch of the Kankekee river, and from that point running south ten miles; thence, in a direct line, to the northeast corner of Flatbelly’s reservation; thence, to the northwest corner of the reservation at Seek’s village; thence, with the lines of the said reservation, and of former cessions, to the line between the States of Indiana and Ohio; thence, with the same to the former described line, running due east from the southern extreme of Lake Michigan; and thence, with the said line, to the place of beginning. Art. 2. In consideration of the cessions aforesaid, there shall be paid Additional annuities. to the said tribe an additional permanent annuity of two thousand dollars; and also an additional annuity of one thousand dollars, for the term of twenty years; goods, to the value of thirty thousand dollars, shall be given to the said tribe, either immediately after signing this 318treaty, or as soon thereafter as they can be procured; an additional sum of ten thousand dollars, in goods, and another of five thousand dollars, in specie, shall be paid to them in the year 1829. Purchase of domestic animals, &c. The sum of seven thousand five hundred dollars shall be expended for the said tribe, under the direction of the President of the United States, in clearing and fencing land, erecting houses, purchasing domestic animals and farming utensils, and in the support of labourers to work for them. Tobacco, iron and steel. Two thousand pounds of tobacco, fifteen hundred weight of iron, and three hundred and fifty pounds of steel, shall be annually delivered to them. Education. One thousand dollars per annum shall be applied for the purposes of education, as long as Congress may think the appropriation may be useful. Allowance of goods to principal chief. Blacksmith. One hundred dollars, in goods, shall be annually paid to To-pen-i-be-the, principal chief of the said tribe, during his natural life. The blacksmith, stipulated by the treaty of Chicago to be provided for the term of fifteen years, shall be permanently supported by the United States. Laborers. Three labourers shall be provided, during four months of the year, for ten years, to work for the band living upon the reservation South of the St. Joseph. Grants of land to individual Indians, stipulated for. Art. 3. There shall be granted to the following persons, all of whom are Indians by descent, the tracts of land hereafter mentioned, which shall be located upon the second cession above described, where the President of the United States may direct, after the country may be surveyed, and to correspond with the surveys, provided that no location shall be made upon the Elkheart Prairie, nor within five miles of the same; nor shall the tracts there granted be conveyed by the grantees, without the consent of the President of the United States. To Sah-ne-mo-quay, wife of Jean B. Dutrist, one-half section of land. To Way-pe-nah-te-mo-quay, wife of Thomas Robb, one half section of land. To Me-no-ka-mick-quay, wife of Edward McCarty, one half section of land. To Ship-pc-shick-quay, wife of James Wyman, one half section of land. To Assapo, wife of Antoine Gamlin, one half section of land. To Moahquay, wife of Richard Chabert, one half section of land. To Me-shaw-ke-to-quay, wife of George Cicot, two sections of land. To Mary Préjean, wife of Louis St. Combe, one section of land. To To-pe-naw-koung, wife of Peter Langlois, one section of land. To Au-bee-nan-bee, a Potowatami chief, two sections of land. To Me-che-hee, wife of Charles Minie, a half section of land. To Louison, a Potowatamie, a reservation of one section, to include his house and cornfield. To Kes-he-wa-quay, wife of Pierre F. Navarre, one section of land. To Benac, a Potowatami, one section of land. To Pe-pe-ne-way, a chief, one section of land. To Pierre Le Clair, one section of land. [To Joseph Barron, a white man who has long lived with the Indians, and to whom they are much attached, two sections of land; but the rejection of this grant is not to affect any other parts of the treaty.](*) * This paragraph was excepted, and not ratified. To Betsey Ducharme, one half section of land. The section of land granted by the treaty of Chicago to Nancy Burnett, now Nancy Davis, 319shall be purchased by the United States, if the same can be done for the sum of one thousand dollars. To Madeleine Bertrand, wife of Joseph Bertrand, one section of land. Art. 4. The sum of ten thousand eight hundred and ninety-five Payment of claims against Indians.dollars shall be applied to the payments of certain claims against the Indians, agreeably to a schedule of the said claims hereunto annexed.(*a*) (*a*) For this Schedule, see post, Appendix II., p. 603. Art. 5. Circumstances rendering it probable that the missionary Missionary establishments.establishment now located upon the St. Joseph, may be compelled to remove west of the Mississippi, it is agreed that when they remove, the value of their buildings and other improvements shall be estimated, and the amount paid by the United States. But, as the location is upon the Indian reservation, the Commissioners are unwilling to assume the responsibility, of making this provision absolute, and therefore its rejection is not to affect any other part of the treaty. Art. 6. This treaty shall be obligatory, after the same has been Treaty binding when ratified.ratified by the President and Senate of the United States. In testimony whereof, the Commissioners, and the Chiefs and Warriors of the said tribe, have hereunto set their hands, at the place, and upon the day aforesaid. LEWIS CASS, PIERRE MENARD. To-pen-e-bee, A-bee-na-bee, Po-ka-gon, Ship-she-wa-non, Qai-qai-ta, Mixs-a-be, Mo-sack, Wa-ban-see, Pe-nan-shies, Misb-ko-see, Moran, Shaw-wa-nan-see, Mank-see, Shee-qua, Asb-kum, Louison, Che-chalk-koos, Pee-pee-nai-wa, Moc-consc, Kaush-quaw, Sko-mans, Au-tiss, Me-non-quet, Sack-a-mans, Kin-ne-kose, No-shai-e-quon, Pe-tce-nans, Jo-saih, Mo-teille, Wa-pee-kai-non, Pack-quin, Pash-po-oo, Mans-kee-os, Wasb-e-on-ause, Pec-shee-wai, O-kee-au, Nau-kee-o-nuck, Me-sho-ken-ho, Non-ai, Wa-shais-skuck, Pai-que-sha-bai, Mix-a-mans, Me-tai-was, Mis-qua-buck, A-bee-tu-que-zuck, Kee-ai-so-qua, A-bee-tai-que-zuck, Wau-shus-kec-zuck, Kee-kee-wee-nus-ka, Nichee-poo-sick, Wa-sai-ka, Mee-quen, Num-quai-twa, Mee-kee-sis, Sans-gen-ai, Wish-kai, She-sha-gon, Pee-pee-au, O-tuck-quin, Moo-koos, Louison, Pchee-koo, Sha-wai-no-kuck, Zo-zai, Wai-za-we-shuck, Me-chee-pee-nai-sbe-inah, Com-o-zoo, Je-bause, Le Bœuf. Signed in the presence of Alex. Wolcott, Indian Agent. John Tipton, Indian Agent. Charles Noble, Secretary to the Commissioners. A. Edwards, President of the Legislative Council. R. A. Forsyth. D. G. Jones. Walter Wilson, Mag. Gen. Indiana Mililia. Calvin Britain. E. Reed. To the Indian names are subjoined marks. 320 TREATY WITH THE CHIPPEWAS, ETC. 1829. Payment in goods. After the signature of the Treaty, and at the request of the Indians, it was agreed, that of the ten thousand, dollars stipulated to be delivered in goods, in 1829, three thousand dollars shall be delivered immediately, leaving seven thousand dollars in goods to be delivered in 1829. Location of grants. The reservation of Pe. Langlois' wife to be located upon the north side of Eel river, between Peerish’s village and Louison’s reservation. The reservation of Betsey Ducharme to be located at Louison’s run. LEWIS CASS, PIERRE MENARD. July 29, 1829 Treaty 7 Stat. 320 ARTICLES OF A TREATY July 29, 1829.Proclamation, Jan. 2, 1830.*Made and concluded at Prairie du Chien, in the Territory of Michigan, between the United States of America, by their Commissioners, General John McNeil, Colonel Pierre Menard, and Caleb Atwater, Esq. and the United Nations of Chippewa, Ottawa, and Potawatamie Indians, of the waters of the Illinois, Milwaukee, and Manitoouck Rivers.* ARTICLE I. Certain lands ceded to U. S.The aforesaid nations of Chippewa, Ottawa, and Potawatamie Indians, do hereby cede to the United States aforesaid, all the lands comprehended within the following limits, to wit: Beginning at the Winnebago Village, on Rock river, forty miles from its mouth, and running thence down the Rock river, to a line which runs due west from the most southern bend of Lake Michigan to the Mississippi river, and with that line to the Mississippi river opposite to Rock Island; thence, up that river, to the United States reservation at the mouth of the Ouisconsin; thence, with the south and east lines of said reservation, to the Ouisconsin river; thence, southerly, passing the heads of the small streams emptying into the Mississippi, to the Rock River aforesaid, at the Winnebago Village, the place of beginning. And, also, one other tract of land, described as follows, to wit: Beginning on the Western Shore of Lake Michigan, at the northeast corner of the field of Antoine Ouitmette, who lives near Gross Pointe, about twelve miles north of Chicago; thence, running due west, to the Rock River, aforesaid; thence, down the said river, to where a line drawn due west from the most southern bend of Lake Michigan crosses said river; thence, east, along said line, to the Fox River of the Illinois; thence, along the northwestern boundary line of the cession of 1816, to Lake Michigan; thence, northwardly, along the Western Shore of said Lake, to the place of beginning. ARTICLE II. Consideration therefor.In consideration of the aforesaid cessions of land, the United States aforesaid agree to pay to the aforesaid nations of Indians the sum of sixteen thousand dollars, annually, forever, in specie: said sum to be paid at Chicago. And the said United States further agree to cause to be delivered to said nations of Indians, in the month of October next, twelve thousand dollars worth of goods as a present. And it is further agreed, to deliver to said Indians, at Chicago, fifty barrels of salt, annu-321ally, forever; and further, the United States agree to make permanent, for the use of the said Indians, the blacksmith’s establishment at Chicago. ARTICLE III. From the cessions aforesaid, there shall be reserved, for the use of Certain lands reserved.the undernamed Chiefs and their bands, the following tracts of land, viz: For *Wau-pon-eh-see,* five sections of land at the Grand Bois, on Fox River of the Illinois, where *Shaytee’s* Village now stands. For *Shab-eh-nay,* two sections at his village near the Paw-paw Grove. For *Awn-kote,* four sections at the village of *Saw-meh-naug,* on the Fox River of the Illinois. ARTICLE IV. There shall be granted by the United States, to each of the following Certain tracts to be granted to certain descendants from the Indians.persons, (being descendants from Indians,) the following tracts of land, viz: To Claude Laframboise, one section of land on the Riviere aux Pleins, adjoining the line of the purchase of 1816. To Francois Bourbonné, Jr. one section at the Missionary establishment, on the Fox River of the Illinois. To Alexander Robinson, for himself and children, two sections on the Riviere aux Pleins, above and adjoining the tract herein granted to Claude Laframboise. To Pierre Leclerc, one section at the village of the As-sim-in-eh-Kon, or Paw-paw Grove. To Waish-kee-Shaw, a Potawatamie woman, wife of David Laughton, and to her child, one and a half sections at the old village of Nay-ou-Say, at or near the source of the Riviere aux Sables of the Illinois. To Billy Caldwell, two and a half sections on the Chicago River, above and adjoining the line of the purchase of 1816. To Victoire Pothier, one half section on the Chicago River, above and adjoining the tract of land herein granted to Billy Caldwell. To Jane Miranda, one quarter section on the Chicago River, above and adjoining the tract herein granted to Victoire Pothier. To Madeline, a Potawatamie woman, wife of Joseph Ogee, one section west of and adjoining the tract herein granted to Pierre Leclerc, at the Paw-paw Grove. To Archange Ouilmette, a Potawatamie woman, wife of Antoine Ouilmette, two sections, for herself and her children, on Lake Michigan, south of and adjoining the northern boundary of the cession herein made by the Indians aforesaid to the United States. To Antoine and François Leclerc, one section each, lying on the Mississippi River, north of and adjoining the line drawn due west from the most southern bend of Lake Michigan, where said line strikes the Mississippi River. To Mo-ah-way, one quarter section on the north side of and adjoining the tract herein granted to Waish-Kee-Shaw. The tracts of land herein stipulated to be granted, shall never be leased or conveyed by the grantees, or their heirs, to any persons whatever, without the permission of the President of the United States. ARTICLE V. The United States, at the request of the Indians aforesaid, further U. S. to pay claims against Indians.agree to pay to the persons named in the schedule annexed to this treaty, the sum of eleven thousand six hundred and one dollars: which sum is in full satisfaction of the claims brought by said persons against said Indians, and by them acknowledged to be justly due.(*a*) (*a*) For this Schedule, see post, Appendix III., p. 604. ARTICLE VI. And it is further agreed, that the United [States] shall, at their own U.S. to survey boundary line of cession.expense, cause to be surveyed, the northern boundary line of the cession herein made, from Lake Michigan to the Rock River, as soon as 322practicable after the ratification of this treaty, and shall also cause good and sufficient marks and mounds to be established on said line. ARTICLE VII. Right to hunt reserved.The right to hunt on the lands herein ceded, so long as the same shall remain the property of the United States, is hereby secured to the nations who are parties to this treaty. ARTICLE VIII. Treaty binding when ratified.This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof. In testimony whereof, the said John M’Niel, Pierre Menard, and Caleb Atwater, Commissioners as aforesaid, and the Chiefs and Warriors of the said Chippewa, Ottawa, and Potawatamie Nations, have hereunto set their hands and seals, at Prairie du Chien, as aforesaid, this twenty-ninth day of July, in the year of our Lord one thousand eight hundred and twenty-nine. JOHN M’NEIL, PIERRE MENARD, CALEB ATWATER, } Com’rs. Sin-eh-pay-nim, Kawb-suk-we, Wau-pon-eh-see, Naw-geh say, Shaw-way-nay-see, Naw-geh-to-nuk, Meek-say-mauk, Kaw-gaw-gay-shee, Maw-geh-set, Meck-eh-so, Awn-koto, Shuk-eh-nay-buk, Sho-men, Nay-a-mush, Pat-eh-ko-zuk, Mash-kak-suk, Pooh-kin-eh-naw, Waw-kay-zo, Sou-ka-mock, Chee-chee-pin-quay, Man-eh-bo-zo, Shah-way-ne-be-nay, Kaw-kee, To-ram, Nah-yah-to-Shuk, Mee-chee-kee-wis, Es-kaw-bey-wis, Wau-pay-kay, Michel, Nee-kon-gum, Mes-quaw-be-no-quay, Pe-i-tum, Kay-wan, Wau-kaw-ou-say, Shem-naw. In presence of Charles S. Hempstead, Scc’y to the Com. Alex. Wolcott, Indian Agent. Jos. M. Street, Indian Agent. Thomas Forsyth, Indian Agent. Z. Taylor, Lt. Col. U. S. Army. John H. Kinzie, Sub. Agent Indian Affairs. R. B. Mason, Captain 1st Infantry. John Garland, Major U. S. Army. H. Dodge. A. Hill. Henry Gratiot. Richard Gentry. John Messersmith. Wm. P. Smith. C. Chouteau. James Turney. Jesse Benton, Jr. J. L. Bogardus. Antoine Le Claire, Indian Interpreter. Jos W. B. Mette, Indian Interpreter. Sogcc. John W. Johnson. To the Indian names are subjoined marks. Aug. 1, 1829 Treaty 7 Stat. 323 ARTICLES OF A TREATY Aug. 1, 1829.Proclamation, Jun. 2, 1830.*Made and concluded at the Village of Prairie du Chien, Michigan Territory, on this first day of August, in the year one thousand eight hundred and twenty-nine, between the United States of America, by their Commissioners, General John M’Niel, Colonel Pierre Menard, and Caleb Atwater, Esq. for and on behalf of said States, of the one part, and the Nation of Winnebaygo Indians of the other part.* ARTICLE I. The said Winnebaygo nation hereby, forever, cede and relinquish Certain lands ceded, to U. S.to the said United States, all their right, title, and claim, to the lands and country contained within the following limits and boundaries, to wit: beginning on Rock River, at the mouth of the *Pee-kee-tau-no* or *Pee-kee-tol-a-ka,* a branch thereof; thence, up the *Pee-kee-tol-a-ka,* to the mouth of Sugar Creek; thence, up the said creek, to the source of the Eastern branch thereof; thence, by a line running due North, to the road leading from the Eastern blue mound, by the most Northern of the four lakes, to the portage of the Wisconsin and Fox rivers; thence, along the said road, to the crossing of Duck Creek; thence, by a line running in a direct course to the most Southeasterly bend of Lake Puck-a-way, on Fox River; thence, up said Lake and Fox River, to the portage of the Wisconsin; thence, across said portage, to the Wisconsin river; thence, down said river, to the Eastern line of the United States’ reservation at the mouth of said river, on the south side thereof, as described in the second article of the treaty made at St. Louis, on the twenty-fourth day of August, in the year eighteen hundred and sixteen, with the Chippewas, Ottawas, and Potawatamies; thence, with the lines of a tract of country on the Mississippi river, (secured to the Chippewas, Ottawas, and Potawatamies, of the Illinois, by the ninth Ante, p. 271.article of the treaty made at Prairie du Chien, on the nineteenth day of August, in the year eighteen hundred and twenty-five,) running Southwardly, passing the heads of the small streams emptying into the Mississippi to the Rock river, at the Winnebaygo village, forty miles above its mouth; thence, up Rock river, to the mouth of the *Pee-kee-tol-a-ka* river, the place of beginning. ARTICLE II. In consideration of the above cession, it is hereby stipulated, that the Consideration therefor.said United States shall pay to the said Winnebaygo nation of Indians the sum of eighteen thousand dollars in specie, annually, for the period of thirty years; which said sum is to be paid to said Indians at Prairie du Chien and Fort Winnebaygo, in proportion to the numbers residing within the most convenient distance of each place, respectively; and it is also agreed, that the said United States shall deliver immediately to said Indians, as a present, thirty thousand dollars in goods; and it is further agreed, that three thousand pounds of tobacco, and fifty barrels of salt, shall be annually delivered to the said Indians by the United States, for the period of thirty years; half of which articles shall be delivered at the Agency at Prairie du Chien, and the other half at the Agency of Fort Winnebaygo. 323 324 TREATY WITH THE WINNEBAGOES. 1829. ARTICLE III. U. S. to provide three blacksmiths’ shops, &c.And it is further agreed between the parties, that the said United States shall provide and support three blacksmiths’ shops, with the necessary tools, iron, and steel, for the use of the said Indians, for the term of thirty years; one at Prairie du Chien, one at Fort Winnebaygo, and one on the waters of Rock river; and furthermore, the said United States engage to furnish, for the use of the said Indians, two yoke of oxen, one cart, and the services of a man at the portage of the Wisconsin and Fox rivers, to continue at the pleasure of the Agent at that place, the term not to exceed thirty years. ARTICLE IV. U. S. agree to pay certain claims against Winnebagoes. The United States (at the request of the Indians aforesaid) further agree to pay to the persons named in the schedule annexed to this treaty, (and which forms part and parcel thereof,) the several sums as therein specified, amounting, in all, to the sum of twenty-three thousand five hundred and thirty-two dollars and twenty-eight cents; which sum is in full satisfaction of the claims brought by said persons against said Indians, and by them acknowledged to be justly due. ARTICLE V. U. S. to grant certain lands to descendants of Indians.And it is further agreed, that, from the land hereinbefore ceded, there shall be granted by the United States to the persons herein named, (being descendants of said Indians,) the quantity of land as follows, to be located without the mineral country, under the direction of the President of the United States, that is to say: to Catherine Myott, two sections; to Mary, daughter of Catharine Myott, one section; to Michael St. Cyr, son of *Hee-no-kau,* (a Winnebaygo woman,) one section; to Mary, Ellen, and Brigitte, daughters of said *Hee-no-kau,* each one section; to Catherine and Olivier, children of Olivier Amelie, each one section; to François, Therese, and Joseph, children of Joseph Thibault, each one section; to Sophia, daughter of Joshua Palen, one section; to Pierre Pacquette, two sections; and to his two children, Therese and Moses, each one section; to Pierre Grignon L’Avoine, Amable, Margaret, Genevieve, and Mariette, children of said Pierre, each one section; to *Mauk-nah-tee-sec,* (a Winnebaygo woman,) one section; and to her eight children, viz: Therese, Benjamin, James, Simeon, and Phelise Leciiyer, Julia, and Antoine Grignon, and Alexis Peyet, each one section; to John Baptiste Pascal, Margaret, Angelique, Domitille, Therese, and Lisette, children of the late John Baptiste Pacquette, each one section; to Madeline Brisbois, daughter of the late Michel Brisbois, Jr. one section; to Therese Gagnier and her two children, François and Louise, two sections; to Mary, daughter of Luther Gleason, one section; and to Theodore Lupien, one section; all which aforesaid grants are not to be leased or sold by said grantees to any person or persons whatever, without the permission of the President of the Annuity of $50 to Theresa Gagnier.United States; and it is further agreed, that the said United States shall pay to Therese Gagnier the sum of fifty dollars per annum, for fifteen years, to be deducted from the annuity to said Indians. ARTICLE VI(*) * Not ratified. Sub-agent to be appointed.The said United States hereby agree (by the request of said Indians,) to appoint a sub-agent for them, to reside on the waters of Rock river, and also to continue the present sub-agency at Fort Winnebaygo. But it is understood that the rejection of this article, by the Senate, is not to affect the validity of this Treaty. 325 ARTICLE VII. This Treaty, after the same shall be ratified by the President of the Treaty binding when ratified.United States, by and with the advice and consent of the Senate thereof, shall be obligatory on the contracting parties. In testimony whereof, the said John M’Niel, Pierre Menard, and Caleb Atwater, Commissioners as aforesaid, and the Chiefs and Warriors of said Winnebaygo nation of Indians, have hereunto set their hands and seals, at the time and place first herein above written. JOHN M’NEIL, PIERRE MENARD, CALEB ATWATER, } Com’s. Hay-ruy-tshoan-saip—Black Hawk, Tshay-o-skuw-tsho-kaw —who plays with the Ox, Kay-rah-tsho-kaw—Clear Sky, Woank-shik-rootsh-kay—Man Eater, Kau-rah-kaw-see-kau—Crow Killer, Maunk-skaw-kaw—While Breast, Hah-pau-koo-see-kaw, Maun-kaw-kaw—Earth, Ah-sheesh-kaw—Broken Arm, Waw-kaun-kaw—Rattle Snake, Chey-skaw-kaw—White Ox, Nautch-kay-suek—the Quick Heart, Wau-kaun-tshaw-way-kee-wen-kaw—Whirling Thunder, Thoap-nuzh-ee-kaw—Four who stand, Hay-nah-ah-ratsh-kay— Left-handed, Woan-knaw-hoap-ee-ne-kaw—Big Medicine Man, Pey-tshun-kaw—the Crane, Jarot, or Jarrot, Thay-hoo-kaw-kaw, Koo-see-ray-kaw, Nau-kaw-lar-ry-maumee—Wood, Hee-tshah-wau-shaip-soots-kaw—Red War Eagle, Hee-tshah-wau-shaip-skaw-kaw—White War Eagle, Tshee-o-nuzh-ee-kaw—He who stands in the House, Wau-kaun-hah-kaw—Snake Skin, Hoo-wau-noo-kaw—Little Elk, Shoank-tshunk-saip-kaw—Black Wolf, Hee-tshaum-waw-kaw—Wild Cat, Hoo-tshonp-kaw—Four Legs, Jr. Maunk-kay-ray-kaw—Crooked Tail, Wau-kaum-kaw—Rattle Snake, Wau-tshee-roo-kun-o-kaw—Master of the Lodge, Monec-kaw—the Bear who scratches, Wau-kaun-tshaw-zee-kaw—Yellow Thunder, Kay-ray-mau-nee—Walking Turtle, Kaish-kee-pay-kaw, Ni-si-wau-roosh-kaw—the Bear, Kau-kau-saw-kaw, Maun-tsho-nig-eo-nig—Little White Bear, Watsh-hat-a-kaw—Big Canoe, Mau-war-ray-kaw, Kee-mau-sum-mah, Wau-wolsh-ah-hay-kaw—Sharp Thunder, Waw-tsho-zhoo-kaw—the Leader, Wau-koun-tsha-nee-kaw—Deaf Thunder, Chah-wau-saip-kaw—Black Eagle, Saun-tshah-mau-nee, Maunee-hat-a-kaw—Big Walker, Kaish-kee-pay-kaw. In presence of Charles S. Hempstead, Sec. to the Commission. Joseph M. Street, Indian Agent. Thomas Forsyth, Indian Agent Alex. Wolcott, Indian Agent. John H. Kenzie, Sub. Ag’t Indian Affairs. Z. Taylor, Lt. Col. U. S. Army. H. Dodge. A. Hill. Henry Gratiot. Wm. Branmont, Surgeon U. S. Army. G. W. Garey, Lt. 1st Inf. Richard Gentry. James Turney. Richard H. Boll. John W. Johnson. W. M. Read. G. W. Kennedy. R. Holmes, U. S. A. J. B. Dallam. J. R. B. Gardiner, Lt. 1st U. S. Infantry. Ch. Chouteau. John Messersmilh. John L. Chastain. Win. P. Smith. Charles H. Henshaw. James B. Estis. Jesse Benton, Jr. Jacob Hamilton. John Quaill. John Garland, Major U. S. Army. Henry Cross le. Jno. L. Bogardus. B. B. Karcheval. Luther Gleason. Pierre Paquet, Winnebago Interpreter at Treaty. J. Palen. Jaque Mettez. Antoine Le Claire. Juge. M. Brisbois. To the Indian names are subjoined marks. Aug. 3, 1829 Agreement 7 Stat. 326 ARTICLES OF AGREEMENT Aug. 3, 1829.Proclamation, Jan. 2, 1830.*Made between John, M’Elvain, thereto specially authorised by the President of the United States, and the band of Delaware Indians, upon the Sandusky River, in the Stale of Ohio, for the cession of a certain reservation of land in the said State.* ARTICLE I. Certain land ceded to U. S.The said band of Delaware Indians cede to the United States the tract of three miles square, adjoining the Wyandot reservation upon the Sandusky river, reserved for their use by the treaty of the Rapids of the Maumee, concluded between the United States and the Wyandots, Seneca, Delaware, Shawanees, Potawatamies, Ottawas, and Chippiwa tribes of Indians, on the twenty-ninth day of September, in the year of our Ante, p. 160.Lord one thousand eight hundred and seventeen, and the said tribe of Delawares engage to remove to and join their nation on the west side of the Mississippi, on the land allotted to them, on or before the first day of January next, at which time peaceable possession of said reservation is to be given to the United States. ARTICLE II. Consideration therefor.In consideration of the stipulations aforesaid, it is agreed, that the United States shall pay to the said band the sum of three thousand dollars: two thousand dollars in hand, the receipt of which is hereby acknowledged by the undersigned Chiefs of said tribe, and the remaining balance of one thousand dollars to be appropriated to the purchase of horses, clothing, provisions, and other usefull articles, to aid them on their journey so soon as they are prepared to remove. In witness whereof, the said John M’Elvain, and the Chiefs of the said band, have hereunto set their hands and seals at Little Sandusky, in the State of Ohio, this third day of August, in the year of our Lord one thousand eight hundred and twenty-nine. JOHN M’ELVAIN. Captain Pipe, William Matacur, Captain Wolf, Eli Pipe, Solomon Joneycake, Joseph Armstrong, George Williams. In presence of Nathaniel M’Lean, Cornelius Wilson, H. Barrett. To the Indian names are subjoined a mark and seal. 326 Sept. 24, 1829 Supplementary 7 Stat. 327 SUPPLEMENTARY ARTICLE Sept. 24, 1829.Proclamation, March 24, 1831. Ante, p. 188.*To the Delaware Treaty, concluded at St. Mary’s in the State of Ohio, on the 3d of October,* 1818. Whereas the foregoing Treaty stipulates that the United States shall provide for the Delaware Nation, a country to reside in, West of the Mississippi, as the permanent residence of their Nation; and whereas the said Delaware Nation, are now willing to remove, on the following conditions, from the country on James’ fork of White river in the State of Missouri, to the Country selected in the fork of the Kansas and Missouri River, as recommended by the government, for the permanent residence of the whole Delaware Nation; it is hereby agreed upon by the parties, that the country in the fork of the Kansas and Missouri Rivers, extending up the Kansas River, to the Kansas Line, and up the Missouri River to Camp Leavenworth, and thence by a line drawn Westwardly, leaving a space ten miles wide, north of the Kansas boundary line, for an outlet; shall be conveyed and forever secured by the United States, to the said Delaware Mation, as their permanent residence: And the United States hereby pledges the faith of the govern ment to guarantee to the said Delaware Nation forever, the quiet and peaceable possession and undisturbed enjoyment of the same, against the claims and assaults of all and every other people whatever. And the United States hereby agrees to furnish the Delaware Nation Horses, wagons, &c. to be furnished for Delawares.with forty horses, to be given to their poor and destitute people, and the use of six waggons and ox-teams, to assist the nation in removing their heavy articles to their permanent home; and to supply them with all necessary farming utensils and tools necessary for building houses, &c. and to supply them with provisions on their journey, and with one year’s provisions after they get to their permanent residence; and to have a griss and saw mill erected for their use, within two years after their complete removal. And it is hereby expressly stipulated and agreed upon by the parties, Additional permanent annuity.that for and in consideration of the full and entire relinquishment by the Delaware Nation of all claim whatever to the country now occupied by them in the State of Missouri, the United States shall pay to the said Delaware Nation, an additional permanent annuity of one thousand dollars. And it is further stipulated that thirty-six sections of the best land Reservation of land for school purposes.within the limits hereby relinquished, shall be selected under the direction of the President of the United States, and sold for the purpose of raising a fund, to be applied under the direction of the President, to the support of schools for the education of Delaware children. It is agreed upon by the parties that this supplementary article shall Country to be explored, &c.be concluded in part only, at this time, and that a deputation of a Chief, or Warrior, from each town with their Interpreter shall proceed with the Agent to explore the country more fully, and if they approve of said country, to sign their names under ours, which shall be considered as finally concluded on our part; and after the same shall be ratified by the President and Senate of the United States, shall be binding on the contracting parties. In testimony whereof the United States Indian Agent, and the Chiefs and Warriors of the Delaware Nation of Indians, have hereunto set 327 328TREATY WITH THE SACS, ETC. 1830.their hands, at Council Camp, on James’ fork of White River, in the State of Missouri, this 24th day of September, in the year of our Lord one thousand eight hundred and twenty-nine. GEORGE VASHON, U. S. Ind. Agent. Signed in presence of James Conner, Delaware Interpr. Anthy. Shane, Shawanee Interpr. Wm. Anderson, principal Chief, Capt Paterson, 2nd Chief, Pooshies, or the Cat, Capt. Suwaunock, Whiteman, Jonny Quick, John Gray, George Guirty, Capt. Beaver, Naunotetauxien, Little Jack, Capt. Pipe, Big Island. These last six Chiefs and Warriors having been deputed to examine the Country, have approved of it, and signed their names at Council Camp in the fork of the Kansas and Missouri river, on the 19th October 1829. Nauochccaupauc, Nungailautone, James Gray, Sam Street, Aupaneek, Outhteekawshaweat. In presence of Anthy. Shane, Interpr. James Conner, Interpr. Baptiste Peoria, Interpr. To the Indian names are subjoined marks. I hereby certify the above to be a true copy from the original in my possession. GEO. VASHON, U. S. Ind. Agent. Indian Agency, near Kansas River, 24th October, 1829. July 15, 1830 Treaty 7 Stat. 328 ARTICLES OF A TREATY July 15, 1830.Proclamation, Feb. 24, 1831.*Made and concluded by William Clark Superintendent of Indian Affairs and Willoughby Morgan, Col. of the United States* 1*st Regt. Infantry, Commissioners on behalf of the United States on the one part, and the undersigned Deputations of the Confederated Tribes of the Sacs and Foxes; the Medawah-Kanton, Wahpacoota, Wahpeton and Sissetong Bands or Tribes of Sioux; the Omahas, loways, Ottoes and Missourias on the other part.* The said Tribes being anxious to remove all causes which may here after create any unfriendly feeling between them, and being also anxious to provide other sources for supplying their wants besides those of hunting, which they are sensible must soon entirly fail them; agree with the United States on the following Articles. Cession of lands. Article I. The said Tribes cede and relinquish to the United States forever all their right and title to the lands lying within the following boundaries, to wit: Beginning at t he upper fork of the Demoine River, and passing the sources of the Little Sioux, and Floyds Rivers, to the fork of the first creek which falls into the Big Sioux or Calumet on the east side; thence, down said creek, and Calumet River to the Missouri River; thence down said Missouri River to the Missouri State line, above the Kansas; thence along said line to the north west corner of the said State, thence to the high lands between the waters falling into 329the Missouri and Desmoines, passing to said high lands along the dividing ridge between the forks of the Grand River; thence along said high lands or ridge separating the waters of the Missouri from those of the Demoine, to a point opposite the source of Boyer River, and thence in a direct line to the upper fork of the Demoine, the place of beginning. But it is understood that the lands ceded and relinquished by Purposes to which the lands are to be applied.this Treaty, arc to be assigned and allotted under the direction of the President of the United States, to the Tribes now living thereon, or to such other Tribes as the President may locate thereon for hunting, and other purposes. Article II. The confederated Tribes of the Sacs and Foxes, cede Cession by the Sacs and Foxes.and relinquish to the United States forever, a tract of Country twenty miles in width, from the Mississippi to the Demoine; situate south, and adjoining the line between the said confederated Tribes of Sacs and Foxes, and the Sioux; as established by the second article of the Treaty of Prairie du Chien of the nineteenth of August one thousand eight hundred and twenty-five. Article III. The Med aw ah-Kan ton, Wah-pa-coota, Wahpeton and Cession by the Medawah-Kan-ton, &c.Sisseton Bands of the Sioux cede and relinquish to the United States forever, a Tract of Country twenty miles in width, from the Mississippi to the Demoine River, situate north, and adjoining the line mentioned in the preceding article. Article IV. In consideration of the cessions and relinquishments Consideration.made in the first, second, and third articles of this Treaty, the United States agree to pay to the Sacs, three thousand dollars,—and to the Annuities.Foxes three thousand dollars; To the Sioux of the Mississippi two thousand dollars;—To the Yancton and Santie Bands of Sioux three thousand dollars;—To the Omahas, two thousand five hundred dollars;—To the Ioways two thousand five hundred dollars;—To the Ottoes and Missourias two thousand five hundred dollars, and to the Sacs of the Missouri River five hundred dollars; to be paid annually for ten successive years at such place, or places on the Mississippi or Missouri, as may be most convenient to said Tribes, either in money, merchandize, or domestic animals, at their option; and when said annuities or any portion of them shall be paid in merchandize, the same is to be delivered to them at the first cost of the goods at St. Louis free of transportation. And the United States further agree to make to the said Tribes and Further allowances.Bands, the following allowances for the period of ten years, and as long thereafter as the President of the United States may think necessary and proper, in addition to the sums herein before stipulated to be paid them; that is to say; To the Bands of the Sioux mentioned in the third article, one Blacksmith at the expense of the United States, and the necessary tools; also instruments for agricultural purposes, and iron and steel to the amount of seven hundred dollars;—To the Yancton and Santie Bands of Sioux, one Blacksmith at the expense of the United States, and the necessary tools, also instruments for agricultural purposes to the amount of four hundred dollars; To the Omahas one Blacksmith at the expense of the United States, and the necessary tools, also instruments for agricultural purposes to the amount of five hundred dollars;—To the Ioways an assistant Blacksmith at the expense of the United States, also instruments for agricultural purposes to the amount of six hundred dollars; To the Ottoes and Missourias one Blacksmith at the expense of the United States, and the necessary tools, also instruments for agricultural purposes to the amount of five hundred dollars; and to the Sacs of the Missouri River, one Blacksmith at the expense of the United States and the necessary tools; also instruments for agricultural purposes to the amount of two hundred dollars. 330 Annuity for education. Article V. And the United States further agree to set apart three thousand dollars annually for ten successive years, to be applied in the discretion of the President of the United States, to the education of the children of the said Tribes and Bands, parties hereto. Yancton and Santie bands. Article VI. The Yauckton and Santie Bands of the Sioux not being fully represented, it is agreed, that if they shall sign this Treaty, they shall be considered as parties thereto, and bound by all its stipulations. Lines to be run. Article VII. It is agreed between the parties hereto, that the lines shall be run, and marked as soon as the President of the United States may deem it expedient. Earnest. Art. VIII. The United States agree to distribute between the several Tribes, parties hereto, five thousand, one hundred and thirty-two dollars worth of merchandize, the receipt whereof, the said Tribes hereby acknowledge; which, together with the amounts agreed to be paid, and the allowances in the fourth and fifth articles of this Treaty, shall be considered as a full compensation for the cession and relinquishments herein made. Reservation for Sioux half-breeds. Article IX. The Sioux Bands in Council having earnestly solicited that they might have permission to bestow upon the half breeds of their Nation, the tract of land within the following limits, to wit: Beginning at a place called the barn, below and near the village of the Red Wing Chief, and running back fifteen miles; thence in a parallel line with Lake Pepin and the Mississippi, about thirty-two miles to a point opposite Beef or O-Boenf River; thence fifteen miles to the Grand Encampment opposite the River aforesaid; The United States agree to suffer said half Breeds to occupy said tract of country; they holding by the same title, and in the same manner that other Indian Titles are held. Reservation for other half-breeds. Article X. The Omahas, Io ways and Ottoes, for themselves, and in behalf of the Yanckton and Santie Bands of Sioux, having earnestly requested that they might be permitted to make some provision for their half-breeds, and particularly that they might bestow upon them the tract of country within the following limits, to wit; Beginning at the mouth of the Little Ne-mohaw River, and running up the main channel of said River to a point which will be ten miles from its mouth in a direct line; from thence in a direct line, to strike the Grand Ne-mohaw ten miles above its mouth, in a direct line (the distance between the two Ne-mohaws being about twenty miles)—thence down said River to its mouth; thence up, and with the Meanders of the Missouri River to the point of beginning, it is agreed that the half-breeds of said Tribes and Bands may be suffered to occupy said tract of land; holding it in the same manner, and by the same title that other Indian titles are held: but the President of the United States may hereafter assign to any of the said half-breeds, to be held by him or them in fee simple, any portion of said tract not exceeding a section, of six hundred and forty acres to each individual. And this provision shall extend to the cession made by the Sioux in the preceding Article. Annuity to Ottoes, from Omahas, &c. Article XI. The reservation of land mentioned in the preceding Article having belonged to the Ottoes, and having been exclusively ceded by them; it is agreed that the Omahas, the Ioways and the Yanckton and Santie Bands of Sioux shall pay out of their annuities to the said Ottoe Tribe, for the period of ten years, Three hundred Dollars annually; of which sum the Omahas shall pay one hundred Dollars, the Ioways one hundred Dollars, and the Yanckton and Santie Bands one hundred dollars. 331 Article XII. It is agreed that nothing contained in the foregoing Saving of rights of the tribes.Articles shall be so construed as to affect any claim, or right in common, which has heretofore been held by any Tribes, parties to this Treaty, to any lands not embraced in the cession herein made; but that the same shall be occupied and held by them as heretofore. Article XIII. This Treaty, or any part thereof, shall take effect, Treaty binding when ratified.and be obligatory upon the Contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof. Done and Signed and Sealed at Prairie du Chien in the Territory of Michigan, this fifteenth day of July, in the year of our Lord one thousand eight hundred and thirty, and of the Independence of the United States, the fifty-fifth. WM. CLARK, Su. In. Affairs & WILLOUGHBY MORGAN, Col. 1st Inft. U. S. A. } Commissioners. *Sacs.* Masb-que-tai-paw, or Red-Head, Sheco-Calawko, or Turtle-Shell, Kee-o-cuck, the Watchful Fox, Poi-o-tahit, one that has no heart, Os-hays-kee, Ridge, Shc-shee-quanince, Little Gourd, O-saw-wish-catioe, Yellow Bird, Lonin, Am-oway, Niniwow-qua-saut, He that fears mankind, Chaukec Manitou, the Little Spirit, Moso-inn, the Scalp, Wapaw-chicannuck, Fish of the White Marsh, Mesico, Jic. *Foxes.* Wapalaw, the Prince, Taweemin, Strawberry, Pasha-sakay, son of Piemanschie, Kecewausette, no who climbs every where, Naw-mee Appenioce, or the Grand Child, Waytec-mins, Nawayaw-cosi, Manquo-pwam, the Boar’s hip, (Morgan.) Kaw-Kaw-Kee, the Crow, Mawcawtay-ce-quoiquenake, Black Neck, Watu-pawnonsh, Meshaw-nuaw-peetay, the Large teeth, Mussaw-wawquott. *Sioux of the Mississippi, Medawdkanton Band.* Wabishaw or Red Leaf, Tchataqua Manie, or Little Crow, Waumunde-tunkar, the Great Calumet Eagle, Taco-coqui-pishnee, he that fears nothing, Wah-coo-ta, that shoots arrows, Pay-law whar, the fire owner, Kaugh Mohr, the Floating Log, Etarz-o-pah, the Bow, Teeah coots, one that fires at the yellow, Toh-kiah-taw-kaw, ho who bites the enemy, Nasiumpah, or the Early Riser, Am-pa-ta-tah Wall, His Day, Wah-kee-ah-tunkar, Big Thunder, Tauchaw-cadoota, the Red Road, Tchaws-kesky, the Elder, Mauzau-hautau, the Grey Iron, Wazee-o-monie, the Walking Pine, Tachaw-cooash-tay, the Good Road, Kie-ank-kaw, the Mountain, Mah-peau-mansaw, Iron Cloud, E-taych-o-caw, Half Face, Anoug-genaje, one that stands on both sides, Hough-awppaw, the Eagle Head, Hooka-mooza, the Iron Limb, Hoatch-ub-cadoola, the Red Voice, Wat-chu-da, the Dancer. *Wah-pah-coofa Band.* Wiarh-noh-ha, French Crow, Shans-konar, Moving Shadow, Ah-pe-hatar, the Grey Mane, Wahmedecaw-cahn-bohr, one that prays for the land. Wah-con-de-kah-har, the one that makes the lightning, Mazo-manie, or the Iron that Walks, Mah-kah-ke-a-munch, one that flies on Cawkec-Kamack, always Fish, Mauzau-haut-a-mundee, the Walking Bell Kah-hih, the Menominie. *Sussiton Bond.* Ete-tahken-bah, the Sleepy Eyes, Ho-toh-monie, groans when he walks. *Omahahs.* Opau-tauga, or the Big Elk, Chonques-kaw, the White Horse, Tessan, the White Cow, Ishtan-mauzay, Iron-Eye, Chiefs Son, Waw-shin-ga-sau-bais, Black Bird, 332 Waugh-pay-shan, the one who scalps but a small pt. from the crown of the head, Au-guim-an, the Chief, Age-en-gaw, the Wing, Non-ban-manie, the one that walks double, Way-cosh-ton, the frequent feast giver, Eh-que-naus-hus-kay, the second, Iosey, (the son of Kawsay.) *Ioways* Wassau-nie, or the Medicine Club, Mauboos Kan, White Cloud, Wo-hoompee, the broth, Tah-roh-ha, a good many deer, Wa-nau-quash-coonie, without fear, Pah-a-manie, one who walks on the snow, Pie-kan-ha-igne, the Little Star, Niayoo Manie, Walking Rain, Nautah-hoo Burnt-wood, Pai-tansa, the White Crane. *Ottoes.* I-atan, or Shaumanie-Cassan, or Prairie Wolf, Mebah-hun-jee, Second Daughter, Wawronesan, the Encircler, Kansau-tauga, the Big Kansas, Noo-kee-sa-kay, strikes two, Tchai-au-grai, the Shield, Manto-igne, the Little Bow, Thee-rai-tchai-neehgrai, Wolf-tail at the heel, Oh-haw-kee-wano, that runs on the hills, Rai-grai-a, Speckled Turtle, Tchai-wah-tchee-ray, going by, Krai-taunica, the Hawk, Mauto-a Kee-pah, that meets the bear, Kai-wan-igue, Little Turtle. *Missourias.* Eh-shaw-manie, or the one who walks laughing, Ohaw-tchee-Ke-Sakay, one who strikes the Little Osages, Wamshe-Katou-nat, the Great Man, Shoug-resh-Kay, the Horse Fly, Tahmegrai-Soo-igne, Little Deer’s dung. *Missouri Sacs.* Sau-kis-quoi-pee, She-she-quene, the Gourd, Nochewai-tasay, Mash-quaw-Siais, Nawai-yak-oosee, Wee-tay-main, one that goes with the rest The assent of the Yanckton and Santie Bands of Sioux-, to the foregoing Treaty is given. In testimony whereof, the Chiefs, Braves, and principal men of said Bands have hereunto signed their names and acknowledge the same, at St. Louis, this 13th October, 1830. *Yancton and Santie Bands of Siouxs,* Matto-Sa-Becha, the Black Bear, Pa-con-okra, Citta-eutapishna, he who dont eat Buffalo, To-ki-e-ton, the Stone with Horns, Cha-pon-ka, or Musquitoe, To-ki-mar-ne, he that walks ahead, Wock-ta-ken-dee, kills and comes back, Ha Sazza, Chigga Wah-shu-she, Little Brave, Wah-gho-num-pa, Cotton wood on the Neck, Zuyesaw, Warrior, Tokun Ohomenee, Revolving Stone, Eta-ga-nush-kica, Mad Face, Womendee Dooter, Red War Eagle, Mucpea A-har-ka, Cloud Elk, To-ka-oh, Wounds the Enemy, Pd-ta sun eta womper. White Buffaloo with two faces, Cha-tun-kia, Sparrow Hawk, Ke-un-chun-ko, Swift Flyer, Ti-ha-uhar, he that carries his horn, Sin-ta-nomper, Two Tails, Wo-con Cashtaka, the whipt spirit, Ta Shena-pater, Fiery Blanket. In presence of Jno. Roland, Secy to the Commrs. Jon. L. Bean, S. Agt. Law Taliaferro, Ind. Agent at St. Peters, R. B. Mason, Capt. 1st Inft. G. Loomis, Capt. 1st Inft. James Peterson, Lt. & Adjt. H. B. M. 33d Regt. N. S. Harris, Lt. & Adjt. Regt. U. S. Inft. Henry Bainbridge, Lt. U. S. Army. John Gale, Surg. U. S. A. J. Archer, Lt. U. S. A. J. Daugherty, Ind. Ag. Thos. A. Davies, Lt. Inf. Wm. S. Williamson, Sub Ind. Agent. And. S. Hughes, Sub Ind. Agent A. G. Baldwin, Lt. 3d Inf. David D. Mitchell. IL L. Donsman. Pynkoop Warner. Geo. Davenport. Wm. Hempstead. Benjamin Mills. Wm. H. Warfield, Lt. 3d Infty. Sam. R. Throokmoor. John Connelly. Amos Farror. Antoine Le Claire, Int’r of Sacks and Fox. Stephen Julian, U. S. Interp. Jacques Mette, Int. Michel Berda, Mchow Inter. S. Campbell, U. S. Interpreter. Witnesses to tho signatures of the Yancton nnd Santie Bands of Sioux, at Fort Tecumseh, Upper Missouri, on the fourth day of September, 1830,—Wm. Gofdon, James Archdale Hamilton, David D. Mitchell, Wm. Saidlau, Jacob Halsey. Witnesses present at tho signing and acknowledgment of the Yanckton and Sentie Deputations, Jno. Ruland, Sec’y to Comm’rs. Jon. L. Bean, Sub Ind. Ag’t for Upper Missouri. Felix F. Wain, Ind. Ag’t for Sacs and Foxes. John F. A. Sanford, U. S. S. Ind. Ag. William C. Heyward, U. S. Army. D. J. Royster, U. S. Inft. Samuel Kinney, U. S. A. Merewether Lewis Clarke, 6th Regt. Infantry. Jacques Mette. To the Indian names are subjoined marks. Sept. 27, 1830 Treaty 7 Stat. 333 A TREATY OF PERPETUAL FRIENDSHIP, CESSION AND LIMITS, Sept. 27, 1830.Proclamation, Feb. 21, 1831.*Entered into by John H. Eaton and John Coffee, for and in behalf of the Government of the United States,and the Mingoes, Chiefs, Captains and Warriors of the Choctaw Nation, begun and held at Dancing Rabbit Creek, on the fifteenth of September, in the year eighteen hundred and thirty.* Whereas the General Assembly of the State of Mississippi has extended the laws of said State to persons and property within the chartered limits of the same,and the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws; Now therefore that the Choctaw may live under their own laws in peace with the United States and the State of Mississippi they have determined to sell their lands east of the Mississippi and have accordingly agreed to the following articles of treaty:(*) * This paragraph was not ratified. Article I. Perpetual peace and friendship is pledged and agreed Peace and friendship.upon by and between the United States and the Mingoes, Chiefs, and Warriors of the Choctaw Nation of Red People; and that this may be considered the Treaty existing between the parties all other Treaties heretofore existing and inconsistent with the provisions of this are hereby declared null and void. Article II. The United States under a grant specially to be made Country to be conveyed to Choctaws.by the President of the U. S. shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River, in fee simple to them and their descendants, to inure to them while they shall exist as a nation and live on it, beginning near Fort Smith where the Arkansas boundary crosses the Arkansas River, running thence to the scource of the Canadian fork; if in the limits of the United States, or to those limits; thence due south to Red River, and down Red River to the west boundary of the Territory of Arkansas; thence north along that line to the beginning. The boundary of the same to be agreeably to the Treaty made and concluded at Washington City in the year 1825. The grant to be executed so soon as the present Treaty shall be ratified. Article III. In consideration of the provisions contained in the Country ceded to U. S.several articles of this Treaty, the Choctaw nation of Indians consent and hereby cede to the United States, the entire country they own and possess, east of the Mississippi River; and they agree to remove beyond the Mississippi River, early as practicable, and will so arrange their removal, that as many as possible of their people not exceeding one half of the whole number, shall depart during the falls of 1831 and 1832; the residue to follow during the succeeding fall of 1833; a better opportunity in this manner will be afforded the Government, to extend to them the facilities and comforts which it is desirable should be extended in conveying them to their new homes. Article IV. The Government and people of the United States are Self-government secured to Choctaws. hereby obliged to secure to the said Choctaw Nation of Red People the jurisdiction and government of all the persons and property that may 333 334TREATY WITH THE CHOCTAWS. 1830.be within their limits west, so that no Territory or State shall ever have a right to pass laws for the government of the Choctaw Nation of Red People and their descendants; and that no part of the land granted them shall ever be embraced in any Territory or State; but the U. S. shall forever secure said Choctaw Nation from, and against, all laws except such as from time to time may be enacted in their own National Councils, not inconsistent with the Constitution, Treaties, and Laws of the United States; and except such as may, and which have been enacted by Congress, to the extent that Congress under the Constitution are required to exercise a legislation over Indian Affairs. But the Choctaws, should this Treaty be ratified, express a wish that Congress may grant to the Choctaws the right of punishing by their own laws, any white man who shall come into their nation, and infringe any of their national regulations. U.S. to protect Choctaws, &c. Article V. The United States are obliged to protect the Choctaws from domestic strife and from forieghn enemies on the same principles that the citizens of the United States are protected, so that whatever would be a legal demand upon the U. S. for defence or for wrongs committed by an enemy, on a citizen of the U. S. shall be equally binding in favour of the Choctaws, and in all cases where the Choctaws shall be Called upon by a legally authorized officer of the U. S. to fight an enemy, such Choctaw shall receive the pay and other emoluments, which citizens of the U. S. receive in such cases, provided, no war shall be undertaken or prosecuted by said Choctaw Nation but by declaration made in full Council, and to be approved by the U. S, unless it be in self defence against an open rebellion or against an enemy marching into their country, in which cases they shall defend, until the U. S. are advised thereof. Offences against citizens of U. S., &c. Article VI. Should a Choctaw or any party of Choctaws commit acts of violence upon the person or property of a citizen of the U. S. or join any war party against any neighbouring tribe of Indians, without the authority in the preceding article; and except to oppose an actual or threatened invasion or rebellion, such person so offending shall be delivered up to an officer of the U. S. if in the power of the Choctaw Nation, that such offender may be punished as may be provided in such cases, by the laws of the U. S.; but if such offender is not within the control of the Choctaw Nation, then said Choctaw Nation shall not be held responsible for the injury done by said offender. Offences against Choctaws. Article VII. All acts of violence committed upon persons and property of the people of the Choctaw Nation either by citizens of the U. S. or neighbouring Tribes of Red People, shall be reffered to some authorized Agent by him to be reffered to the President of the U. S. who shall examine into such cases and see that every possible degree of justice is done to said Indian party of the Choctaw Nation. Delivery of offenders. Article VIII. Offenders against the laws of the U. S. or any individual State shall be apprehended and delivered to any duly authorized person where such offender may be found in the Choctaw country, having fled from any part of U. S. but in all such cases application must be made to the Agent or Chiefs and the expense of his apprehension and delivery provided for and paid by the U. States. Persons ordered from the nation, &c. Article IX. Any citizen of the U. S. who may be ordered from the Nation by the Agent and constituted authorities of the Nation and refusing to obey or return into the Nation without the consent of the aforesaid persons, shall be subject to such pains and penalties as may be provided by the laws of the U. S. in such cases. Citizens of the U. S. travelling peaceably under the authority of the laws of the U. S. shall be under the care and protection of the nation. 335 Article X. No person shall expose goods or other article for sale as Traders to re quire a written permit.a trader, without a written permit from the constituted authorities of the Nation, or authority of the laws of the Congress of the U, S. under penalty of forfeiting the Articles, and the constituted authorities of the Nation shall grant no license except to such persons as reside in the Nation and are answerable to the laws of the Nation. The U. S. shall be particularly obliged to assist to prevent ardent spirits from being in troduced into the Nation. Article XI. Navigable streams shall be free to the Choctaws who Navigable streams, post offices, and military posts.shall pay no higher toll or duty than citizens of the U. S. It is agreed further that the U. S. shall establish one or more Post Offices in said Nation, and may establish such military post roads, and posts, as they may consider necessary. Article XII. All intruders shall be removed from the Choctaw Intruders.Nation and kept without it. Private property to be always respected and on no occasion taken for public purposes without just compensation being made therefor to the rightfull owner. If an Indian unlawfully take or Theft.steal any property from a white man a citizen of the U. S. the offender shall lie punished. And if a white man unlawfully take or steal any thing from an Indian, the property shall be restored and the offender punished. It is further agreed that when a Choctaw shall be given up to be tried for any offence against the laws of the U. S. if unable to employ counsel to defend him, the U. S. will do it, that his trial may be fair and impartial. Article XIII. It is consented that a qualified Agent shall be appointed Agent.for the Choctaws every four years, unless sooner removed by the President; and he shall be removed on petition of the constituted authorities of the Nation, the President being satisfied there is sufficient cause shown. The Agent shall fix his residence convenient to the great body of the people; and in the selection of an Agent immediately after the ratification of this Treaty, the wishes of the Choctaw Nation on the subject shall be entitled to great respect. Article XIV. Each Choctaw head of a family being desirous to Choctaws wishing to become citizens of U. S. 1837, ch. 39. 1838, ch. 13. 1842, ch. 187.remain and become a citizen of the States, shall be permitted to do so, by signifying his intention to the Agent within six months from the ratification of this Treaty, and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one half that quantity for each unmarried child which is living with him over ten years of age; and a quarter section to such child as may be under 10 years of age, to adjoin the location of the parent. If they reside upon said lands intending to become citizens of the States for five years after the ratification of this Treaty, in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the priviledge of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity. Article XV. To each of the Chiefs in the Choctaw Nation (to wit) Reservations for chiefs.Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted a reservation of four sections of land, two of which shall include and adjoin their present improvement, and the other two located where they please but on unoccupied unimproved lands, such sections shall be bounded by sectional lines, and with the consent of the President they may sell the same. Also to the three principal Chiefs and to their successors Annuities.in office there shall be paid two hundred and fifty dollars annu-336ally while they shall continue in their respective offices, except to Mushulatubbe, who as he has an annuity of one hundred and fifty dollars for life under a former treaty, shall receive only the additional sum of one hundred dollars, while he shall continue in office as Chief; and if in addition to this the Nation shall think propper to elect an additional principal Chief of the whole to superintend and govern upon republican principles he shall receive annually fur his services five hundred dollars, which allowance to the Chiefs and their successors in Pay of chiefs, &c.office, shall continue for twenty years. At any time when in military service, and while in service by authority of the U. S. the district Chiefs under and by selection of the President shall be entitled to the pay of Majors; the other Chief under the same circumstances shall have the pay of a Lieutenant Colonel. The Speakers of the three districts, shall receive twenty-five dollars a year for four years each; and the three secretaries one to each of the Chiefs, fifty dollars each for four years. Each Captain of the Nation, the number not to exceed ninety-nine, thirty-three from each district, shall be furnished upon removing to the West, with each a good suit of clothes and a broad sword as an outfit, and for four years commencing with the first of their removal, shall each receive fifty dollars a year, for the trouble of keeping their people at order in settling; and whenever they shall be in military service by authority of the U. S. shall receive the pay of a captain. Removal of Indians. Article XVI. In waggons; and with steam boats as may be found necessary—the U. S. agree to remove the Indians to their new homes at their expense and under the care of discreet and carefull persons, who will be kind and brotherly to them. They agree to furnish them with ample corn and beef, or pork for themselves and families for twelve months after reaching their new homes. Cattle.It is agreed further that the U. S. will take all their cattle, at the valuation of some discreet person to be appointed by the President, and the same shall be paid for in money after their arrival at their new homes; or other cattle such as may be desired shall be furnished them, notice being given through their Agent of their wishes upon this subject before their removal that time to supply the demand may be afforded. Annuities under former treatise. Article XVII. The several annuities and sums secured under former Treaties to the Choctaw nation and people shall continue as though this Treaty had never been made. Further annuity. And it is further agreed that the U. S. in addition will pay the sum of twenty thousand dollars for twenty years, commencing after their removal to the west, of which, in the first year after their removal, ten thousand dollars shall be divided and arranged to such as may not receive reservations under this Treaty. Survey of ceded lands, &c. Art. XVIII. The U. S. shall cause the lands hereby ceded to be surveyed; and surveyors may enter the Choctaw Country for that purpose, conducting themselves properly and disturbing or interrupting none of the Choctaw people. But no person is to be permitted to settle within the nation, or the lands to be sold before the Choctaws shall remove. And for the payment of the several amounts secured in this Treaty, the lands hereby ceded are to remain a fund pledged to that purpose, until the debt shall be provided for and arranged. And further it is agreed, that in the construction of this Treaty wherever well founded doubt shall arise, it shall be construed most favourably towards the Choctaws. Reservations of land, for— Article XIX. The following reservations of land are hereby admitted. To Colonel David Fulsom four sections of which two shall include his present improvement, and two may be located elsewhere, on unoccupied, unimproved land. 337 To I. Garland, Colonel Robert Cole, Tuppanahomer, John Pytchlynn, Certain individual.Charles Juzan, Johokebetubbe, Eaychahobia, Ofehonia, two sections, each to include their improvements, and to be bounded by sectional lines, and the same may be disposed of and sold with the consent of the President. And that others not provided for, may be provided for, there shall be reserved as follows: First. One section to each head of a family not exceeding Forty in Heads of families. 1842, ch. 187.number, who during the present year, may have had in actual cultivation, with a dwelling house thereon fifty acres or more. Secondly, three quarter sections after the manner aforesaid to each bead of a family not exceeding four hundred and sixty, as shall have cultivated thirty acres and less than fifty, to be bounded by quarter section lines of survey, and to be contiguous and adjoining. Third; One half section as aforesaid to those who shall have cultivated from twenty to thirty acres the number not to exceed four hundred. Fourth; a quarter section as aforesaid to such as shall have cultivated from twelve to twenty acres, the number not to exceed three hundred and fifty, and one half that quantity to such as shall have cultivated from two to twelve acres, the number also not to exceed three hundred and fifty persons. Each of said class of cases shall be subject to the limitations contained in the first class, and shall be so located as to include that part of the improvement which contains the dwelling house. If a greater number shall be found to be entitled to reservations under the several classes of this article, than is stipulated for under the limitation prescribed, then and in that case the Chiefs separately or together shall determine the persons who shall be excluded in the respective districts. Fifth; Any Captain the number not exceeding ninety persons, who Captains. 1842, ch. 187.under the provisions of this article shall receive less than a section, he shall be entitled, to an additional quantity of half a section adjoining to his other reservation. The several reservations secured under this article, may be sold with the consent of the President of the U. S. but should any prefer it, or omit to take a reservation for the quantity he may be entitled to, the U. S. will on his removing pay fifty cents an acre, after reaching their new homes, provided that before the first of January next they shall adduce to the Agent, or some other authorized person to be appointed, proof of his claim and the quantity of it. Sixth; likewise Orphans.children of the Choctaw Nation residing in the Nation, who have neither father nor mother a list of which, with satisfactory proof of Parentage and orphanage being filed with Agent in six months to be forwarded to the War Department, shall be entitled to a quarter section of Land, to be located under the direction of the President, and with his consent the same may be sold and the proceeds applied to some beneficial purpose for the benefit of said orphans. Article XX. The U. S. agree and stipulate as follows, that for the Stipulations by U. S. for the benefit of the Choctaws.benefit and advantage of the Choctaw people, and to improve their condition, their shall be educated under the direction of the President and at the expense of the U. S. forty Choctaw youths for twenty years. This number shall be kept at school, and as they finish their education others, to supply their places shall be received for the period stated. The U. S. agree also to erect a Council House for the Nation at some convenient central point, after their people shall be settled; and a House for each Chief, also a Church for each of the three Districts, to be used also as school houses, until the Nation may conclude-to build others; and for these purposes ten thousand dollars shall be appropriated; also fifty thousand dollars (viz.) twenty-five hundred dollars annually shall be given for the support of three teachers of schools for twenty years. Likewise there shall be furnished to the Nation, three Blacksmiths one 338for each district for sixteen years, and a qualified Mill Wright for five years; Also there shall be furnished the following articles, twenty-one hundred blankets, to each warrior who emigrates a rifle, moulds, wipers and ammunition. One thousand axes, ploughs, hoes, wheels and cards each; and four hundred looms. There shall also be furnished, one ton of iron and two hundred weight of steel annually to each District for sixteen years. Annuity to certain old warriors. Article XXI. A few Choctaw Warriors yet survive who marched and fought in the army with General Wayne, the whole number stated not to exceed twenty. These it is agreed shall hereafter, while they live, receive twenty-five dollars a year; a list of them to be early as practicable, and within six months, made out, and presented to the Agent, to be forwarded to the War Department. Delegate to Congress. Article XXII. The Chiefs of the Choctaws who have suggested that their people are in a state of rapid advancement in education and refinement, and have expressed a solicitude that they might have the privilege of a Delegate on the floor of the House of Representatives extended to them. The Commissioners do not feel that they can under a treaty stipulation accede to the request, but at their desire, present it in the Treaty, that Congress may consider of, and decide the application. Done, and signed, and executed by the Commissioners of the United States, and the Chiefs, Captains and Head Men of the Choctaw Nation at Dancing Rabbit Creek, this 27th day of September, eighteen hundred and thirty. JNO. H. EATON, JNO. COFFEE. Greenwood Leflore, Musholatubbee, Nittucachee, Eyarhocultubbee, Iyacherhopia, Offahoomah, Archalater, Onnahubbee, Holarterhoomab, Hopiaunchahubbee, Zishomingo, Captainthalke, James Shield, Pistiyubbee, Yobalarunehahubboe, Holubbee, Robert Cole, Mokelareharhopin, Lewis Perry, Artonamarstubbee, Hopeatubbee, Hoshahoomah, Chuallahoomah, Joseph Kincaide, Artooklubbetushpar, Metubbee, Arsarkatubbee, Issaterhoomah, Chobtahmatahah, Tunnuppaahubbee, Okecharyer, Hoshhopia, Warsharshahopia, Maarshunchabubbec, Misharyubbee, Daniel McCurtain, Tushkcrharcho, Hoktoontubbee, Nuknacraltookmarhee, Mingo boomah, Pisinhocuttubbee, Tullarhacher, Little leader, Maanhutter, Cowehoomah, Tillamoer, Imnullacha, Artopilachubbee, Shupherunchahubbee, Nillerhoomab, Oaklaryubbee, Pukumna, Arpalar, Holber, Hoparmingo, Isparhoomah, Tieherhoomao, Tishoholarter, Mahayarchubbee, Arlarter, Nittahubbee, Tisbonouan, 339 Warsharchahoomab, Isaac James, Hopiaintushker, Aryoshkermer, Shemotar, Hopiaisketina, Thomas Leflore, Arnokechatubbe, John McKelbery, Shokopebukna, Posherhoomah, Robert Folsom, Atharyotubbce, Cushonolarter, James Vaughan, James Karnes, Tishohakubbee, Narlanolar, Pennasha, Inbaryarker, Morubbee, Narharyubbee, Ishmaryubbee, James McKing, Lewis Wilson, Ishtonarkerharcho, Hohinshamartarher, Kinsulachubbee, Emarbinstubee, Gysalndalra, bm. Thomas Wall, Sam. S. Worcester, Jacob Folsom, William Foster, Ontioerharcho, Hugh A. Foster, Pierre Juzar, Jno. Pitchlynn, jr. David Folsom, Sholohommastube, Tesho, Lauwechubee, Hoshebammo, Ofenowo, Ahekoche, Kaloshoube, Atoko, Ishtemeleche, Emthtohabe, Silas D. Fisher Isaac Folsom, Hekatube, Hakscche, Jerry Carney, John Washington, Phiplip, Meshameye, Ishtcheka, Heshohomme, Benjamin James, Tikbachahambe, Aholiktube, Walking Wolf, John Waide, Big Axe. Bob, Tushkochaubbee, Ittabe, Tishowakayo, Folehommo, John Garland, Koshona, Ishleyohamube, Oklanowa, Neto, James Fletcher Silus D. Pitchlynn, William Trahorn, Toshkahemimitto, Tethetayo, Emokloshahopie, Tishoimita, Thomas W. Foster, Zadoc Brashears, Levi Perkins, Isaac Perry, Ishlonocka Hoomah, Hiram King, Ogla Enlah, Nultlahtubbce, Tuska Hollattuh, Panshsstubbee, P. P. Pitchlym, Joel H. Nail, Hopia Stonakey, Kochoomma, William Wade, Panshstickubbee, Holittankchahubbe, Kolhoantchahubbe, Eyarpulubbe, Okentabubbe, Living War Club, John Jones, Charles Jones, Isaac Jones, Hocklucha, Muscogee, Eden Nelson. In presence of E. Breathitt, Secretary to the Commissioners. William Ward, Agent for Choctaws. John Pitchlyn, United States Interpreter. M. Mackey, United States Interpreter. Geo. S. Gaines, of Alabama. R. P. Currin. Luke Howard. Sam. S. Worcester. Jno. N. Byrn. John Bell. Jno. Bond. To the Indian names are subjoined marks. Sept. 23, 1830 Supplementary 7 Stat. 340 340 SUPPLEMENTARY ARTICLES TO THE PRECEDING TREATY. Sept. 23, 1830. Various Choctaw persons have been presented by the Chiefs of the nation, with a desire that they might be provided for. Being particularly deserving, an earnestness has been manifested that provision might be made for them. It is therefore by the undersigned commissioners here assented to,with the understanding that they are to have no interest in the reservations which are directed and provided for under the general Treaty to which this is a supplement. As evidence of the liberal and kind feelings of the President and Government of the United States the Commissioners agree to the request as follows, (to wit) Pierre Juzan, Peter Pitchlynn, G. W. Harkins, Jack Pitchlynn, Israel Fulsom, Louis Laflore, Benjamin James, Joel H. Nail, Hopoynjahubbee, Onorkubbee, Benjamin Laflore, Michael Laflore and Allen Yales and wife shall be entitled to a reservation of two sections of land each to include their improvement where they at present reside, with the exception of the three first named persons andBenjamin Laflore, who are authorized to locate one of their sections on any other unimproved and unoccupied land, within their respective districts. Reservations. Article II. And to each of the following persons there is allowed a reservation of a section and a half of land, (to wit) James L. McDonald, Robert Jones, Noah Wall, James Campbell, G. Nelson, Vaughn Brashears, R. Harris, Little Leader, S. Foster, J. Vaughn, L. Durans, Samuel Long, T. Magagha, Thos. Everge, Giles Thompson, Tomas Garland, John Bond, William Laflore, and Turner Brashears, the two first named persons, may locate one section each, and one section jointly on any unimproved and unoccupied land, these not residing in the Nation; The others are to include their present residence and improvement. Also one section is allowed to the following persons (to wit) Middleton Mackey, Wesley Train, Choclehomo, Moses Foster, D. W. Wall, Charles Scott, Molly Nail, Susan Colbert, who was formerly Susan James, Samuel Garland, Silas Fisher, D. McCurtain, Oaklahoma, and Polly Fillecuthey, to be located in entire sections to include their present residence and improvement, with the exception of Molly Nail and Susan Colbert, who are authorized to locate theirs, on any unimproved unoccupied land. John Pitchlynn has long and faithfully served the nation in character of U. States Interpreter, he has acted as such for forty years, in consideration it is agreed, in addition to what has been done for him there shall be granted to two of his children, (to wit) Silas Pitchlynn, and Thomas Pitchlynn one section of land each, to adjoin the location of their father; likewise to James Madison and Peter sons of Mushulatubbee one section of land each to include the old house and improvement where their father formerly lived on the old military road adjoining a large Prerarie. And to Henry Groves son of the Chief Natticache there is one section of land given to adjoin his father’s land. And to each of the following persons half a section of land is granted on any unoccupied and unimproved lands in the Districts where they respectively live (to wit) Willis Harkins, James D. Hamilton, William Juzan, Tobias Laflore, Jo Doke, Jacob Fulsom, P. Hays, Samuel Worcester, George Hunter, William Train, Robert Nail and Alexander McKee. And there is given a quarter section of land each to Delila and her five fatherless children, she being a Choctaw woman residing out of the 341nation; also the same quantity to Peggy Trihan,another Indian woman residing out of the nation and her two fatherless children; and to the widows of Pushmil aha, and Pucktshenubbee, who were formerly distinguished Chiefs of the nation and for their children four quarter sections of land, each in trust for themselves and their children. All of said last mentioned reservations are to be located under and by direction of the President of the U. States. Article III. The Choctaw people now that they have ceded their Exploring party.lands are solicitous to get to their new homes early as possible and accordingly they wish that a party may be permitted to proceed this fall to ascertain whereabouts will be most advantageous for their people to be located. It is therefore agreed that three or four persons (from each of the three districts) under the guidance of some discreet and well qualified person or persons may proceed during this fall to the West upon an examination of the country. For their time and expenses the U. States agree to allow the said twelve persons two dollars a day each, not to exceed one hundred days, which is deemed to be ample time to make an examination. If necessary, pilots acquainted with the country will be furnished when they arrive in the West. Article IV. John Donly of Alabama who has several Choctaw grand Reservation.children, and who for twenty years has carried the mail through the Choctaw Nation, a desire by the Chiefs is expressed that he may have a section of land, it is accordingly granted, to be located in one entire section, on any unimproved and unoccupied land. Allen Glover and George S. Gaines licensed Traders in the Choctaw Debts to Glover and Gaines.Nation, have accounts amounting to upwards of nine thousand dollars against the Indians who are unable to pay their said debts without distressing their families; a desire is expressed by the Chiefs that two sections of land be set apart to be sold and the proceeds thereof to be applied toward the payment of the aforesaid debts. It is agreed that two sections of any unimproved and unoccupied land be granted to George S. Gaines who will sell the same for the best price he can obtain and apply the proceeds thereof to the credit of the Indians on their accounts due to the before mentioned Glover and Gaines; and shall make the application to the poorest Indian first. At the earnest and particular request of the Chief Greenwood Laflore Reservation.there is granted to David Haley one half section of land to be located in a half section on any unoccupied and unimproved land as a compensation, for a journey to Washington City with dispatches to the Government and returning others to the Choctaw Nation. The foregoing is entered into, as supplemental to the treaty concluded yesterday. Done at Dancing Rabbit Creek the 28th day of September 1830. JNO. H. EATON, JNO. COFFEE. Greenwood Leflore, Nittucachee, Musholatubbee, Ofahoomah, Eyarhoeullubbee, Iyacherhopia, Holubbee, Onarhubbee, Robert Cole, Hopiaunchahubbee, David Folsom, John Garland, Hopiahoomah, Captainthalko, Pierre Juzan, Immarstarher, Hashimhamartar 342 TREATY WITH THE MENOMONIES. 1831. In presence of E Breathitt, Secty. to Coms. W. Ward, Agt. for Choctaws. M. Mackey, U. S. Intr. John Pitchlynn, U. S. Intr. R. P. Currin. Jno. W. Byrn. Geo. S. Gaines. To the Indian names are subjoined marks. Feb. 8, 1831 Agreement 7 Stat. 342 ARTICLES OF AGREEMENT Feb. 8, 1831.Proclamation, July 9, 1832.*Made and concluded at the City of Washington, this eighth day of February, one thousand eight hundred and thirty-one, between John H. Eaton, Secretary of War, and Samuel C. Stambaugh, Indian Agent at Green Bay, specially authorized by the President of the United States, and the undersigned chiefs and head men of the Menomonee nation of Indians, fully authorized and empowered by the said nation, to conclude and settle all matters provided for by this agreement.* The Menomonee Tribe of Indians, by their delegates in council, this day, define the boundaries of their country as follows, to wit; Boundaries of Menomonee country. On the *east* side of Green Bay, Fox river, and Winnebago lake; beginning at the south end of Winnebago lake; thence southeastwardly to the Milwauky or Manawauky river; thence down said river to its mouth at lake Michigan; thence north, along the shore of lake Michigan, to the mouth of Green Bay; thence up Green Bay, Fox river, and Winnebago lake, to the place of beginning. And on the *west* side of Fox river as follows; beginning at the mouth of Fox river, thence down the east shore of Green bay, and across its mouth, so as to include all the islands of the “Grand Traverse;” thence westerly, on the highlands between the lake Superior and Green bay, to the upper forks of the Menomonee river; thence to the Plover portage of the Wisconsin river; thence up the Wisconsin river, to the Soft Maple river; thence to the source of the Soft Maple river; thence west to the Plume river, which falls into the Chippeway river; thence down said Plume river to its mouth; thence down the Chippeway river thirty miles; thence easterly to the forks of the Manoy river, which falls into the Wisconsin river; thence down the said Manoy river to its mouth; thence down the Wisconsin river to the Wisconsin portage; thence across the said portage to the Fox river; thence down Fox river to its mouth at Green bay, or the place of beginning. The country described within the above boundaries, the Menomonees claim as the exclusive property of their tribe. Not yet having disposed of any of their lands, they receive no annuities from the United States: whereas their brothers the Pootowottomees on the south, and the Winnebagoes on the west, have sold a great portion of their country, receive large annuities, and are now encroaching upon the lands of the Menomonees. For the purposes, therefore, of establishing the boundaries of their country, and of ceding certain portions of their lands to the United States, in order to secure great and lasting benefits to themselves and posterity, as well as for the purpose of settling the long existing dispute between themselves and the several tribes of the New York Indians, who claim to have purchased a portion of their lands, the undersigned, chiefs and headmen of the Menomonee tribe, stipulate and agree with the United States, as follows: *First.* The Menomonee tribe of Indians declare themselves the friends and allies of the United States, under whose parental care and protec-343tion they desire to continue; and although always protesting that they are under no obligation to recognise any claim of the New York Indians to any portion of their country; that they neither sold, nor received any value, for the land claimed by these tribes; yet, at the solicitation of their Great Father, the President of the United States, and as an evidence Cession of land to U. S. for the benefit of the Now York Indians.of their love and veneration for him, they agree that such part of the land described, being within the following boundaries, as he may direct, may be set apart as a home to the several tribes of the New York Indians, who may remove to, and settle upon the same, within three years from the date of this agreement, viz: beginning on the west side of Fox river, near the “Little Kackalin,” at a point known as the “Old Boundaries.Mill Dam;” thence northwest forty miles; thence northeast to the Oconto creek, falling into Green bay; thence down said Oconto creek to Green bay; thence up and along Green bay and Fox river to the place of beginning; excluding therefrom all private land claims confirmed, and also the following reservation for military purposes; beginning on the Fox river, at the mouth of the first creek above Fort Howard; thence north sixty-four degrees west to Duck creek; thence down said Duck creek to its mouth; thence up and along Green bay and Fox river to the place of beginning. The Menomonee Indians, also reserve, for the use of the United States, from the country herein designated for the New York Indians, timber and firewood for the United States’ garrison, and as much land as may be deemed necessary for public high ways, to be located by the direction, and at the discretion of the President of the United States. The country hereby ceded to the United States, for the benefit of the New York Indians, contains by estimation about five hundred thousand acres, and includes all their improvements on the west side of Fox river. As it is intended for a home for the several tribes of the New York Indians, who may be residing upon the lands at the expiration of three years from this date, and for none others, the President of the United States is hereby empowered to apportion the lands among the actual occupants at that time, so as not to assign to any tribe a greater number of acres than may be equal to one hundred for each soul actually settled upon the lands, and if, at the time of such apportionment, any lands shall remain unoccupied by any tribe of the New York Indians, such portion as would have belonged to said Indians, had it been occupied, shall revert to the United States. That portion, if any, so reverting, to be laid off by the President of the United States. It is distinctly understood, that the lands hereby ceded to the United States for the New York Indians, are to be held by those tribes, under such tenure as the Menonomee Indians now hold their lands, subject to such regulations and alteration of tenure, as Congress and the President of the United States shall, from time to time, think proper to adopt. *Second.* For the above cession to the United States, for the benefit of Consideration.the New York Indians, the United States consent to pay the Menomonee Indians, twenty thousand dollars; five thousand to be paid on the first day of August next, and five thousand annually thereafter; which sums shall be applied to the use of the Menomonees, after such manner as the President of the United States may direct. *Third.* The Menomonee tribe of Indians, in consideration of the Farther cession of lands to the U. S.kindness and protection of the Government of the United States, and for the purpose of securing to themselves and posterity, a comfortable home, hereby cede and forever relinquish to the United States, all their country on the southeast side of Winnebago lake, Fox river, and Green bay, which they describe in the following boundaries, to wit: beginning at the south end of Winnebago lake, and running in a southeast direction to Milwauky or Manawauky river; thence down said river to its mouth; thence north, along the shore of lake Michigan, to the entrance 344of Green bay; thence up and along Green bay, Fox river, and Winnebago lake, to the place of beginning; excluding all private land claims which the United Slates have heretofore confirmed and sanctioned. It is also agreed that all the islands which He in Fox river and Green bay, are likewise ceded; the whole comprising by estimation, two million five hundred thousand acres. Reservation. *Fourth.* The following described tract of land, at present owned and occupied by the Menomonee Indians, shall be set apart, and designated for their future homes, upon which their improvements as an agricultural people are to be made: beginning on the West, side of Fox river, at the “Old Mill Dam” near the “Little Kackalin,” and running up and along said river, to the Winnebago lake; thence along said lake to the mouth of Fox river; thence up Fox river to the Wolf river; thence up Wolf river to a point southwest of the west corner of the tract herein designated for the New York Indians; thence northeast to said west corner; thence southeast to the place of beginning. The above reservation being made to the Menomonee Indians for the purpose of weaning them from their wandering habits, by attaching them to comfortable homes, the President of the United States, as a mark of affection for his children of the Menomonee tribe, will cause to be employed Farmers, &c.five farmers of established character for capacity, industry, and moral habits, for ten successive years, whose duty it shall be to assist the Menomonee Indians in the cultivation of their farms, and to instruct their children in the business and occupation of farming. Also, five females shall be employed, of like good character, for the purpose of teaching young Menomonee women, in the business of useful housewifery, during a period of ten years.—The annual compensation allowed to the farmers, shall not exceed five hundred dollars, and that of the females three hundred Dwelling houses.dollars. And the United States will cause to be erected, houses suited to their condition, on said lands, as soon as the Indians agree to occupy them, for which ten thousand dollars shall be appropriated; also, houses for the farmers, for which three thousand dollars shall be appropriated; to be expended under the direction of the Secretary of War. Whenever the Menomonees thus settle their lands, they shall be supplied with useful household articles, horses, cows, hogs, and sheep, farming utensils, and other articles of husbandry necessary to their comfort, to the value of six thousand dollars; and they desire that some suitable device may be stamped upon such articles, to preserve them from sale or barter, to evil disposed white persons: none of which, nor any other articles with which the United States may at any time furnish them, shall be liable to sale, or be disposed of or bargained, without permission of the agent. The whole to be under the immediate care of the farmers employed to remain among said Indians, but subject to the general controul of the United States’ Indian Agent at Green Bay acting Grist and sawmill.under the Secretary of War. The United States will erect a grist and saw mill on Fox river, for the benefit of the Menomonee Indians, and employ a good miller, subject to the direction of the agent, whose business it shall be to grind the grain, required for the use of the Menomonee Indians, and saw the lumber necessary for building on their lands, as also to instruct such young men of the Menomonee nation, as desire to, and conveniently can be instructed in the trade of a miller. The expenses of erecting such mills, and a house for the miller to reside in, shall not exceed six thousand dollars, and the annual compensation of the miller shall be six hundred dollars, to continue for ten years. And if the mills so erected by the United States, can saw more lumber or grind more grain, than is required for the proper use of said Menomonee Indians, the proceeds of such milling shall be applied to the payment of other expenses occurring in the Green bay agency, under the direction of the Secretary of War. 345 In addition to the above provision made for the Menomonee Indians, Clothing and flour.the President of the United States will cause articles of clothing to be distributed among their tribe at Green bay, within six months from the date of this agreement, to the amount of eight thousand dollars: and flour and wholesome provisions, to the amount of one thousand dollars, one thousand dollars to be paid in specie. The cost of the transportation of the clothing and provisions, to be included in the sum expended. There shall also be allowed annually thereafter, for the space of twelve Annuity, &c.successive years, to the Menomonee tribe, in such manner and form as the President of the United States shall deem most beneficial and advantageous to the Indians, the sum of six thousand dollars. As a matter of great importance to the Menomonees, there shall be one or more gun and blacksmith’s shops erected, to be supplied with a necessary quantity of iron and steel, which, with a shop at Green bay, shall be kept up for the use of the tribe, and continued at the discretion of the President of the United States. There shall also be a house for an interpreter to reside in, erected at Green bay, the expenses not to exceed five hundred dollars. *Fifth.* In the treaty of Butte des Morts, concluded in August 1827, Education of Menomonies.an article is contained, appropriating one thousand five hundred dollars annually, for the support of schools in the Menomonee country. And the representatives of the Menomonee nation, who are-parties hereto, require, and it is agreed to, that said appropriation shall be increased five hundred dollars, and continued for ten years from this date, to be placed in the hands of the Secretary at War, in trust for the exclusive use and benefit of the Menomonee tribe of Indians, and to be applied by him to the education of the children of the Menomonee Indians, in such manner as he may deem most advisable. *Sixth.* The Menomonee tribe of Indians shall be at liberty to hunt Certain privileges reserved.and fish on the lands they have now ceded to the United States, on the east side of Fox river and Green bay, with the same privileges they at present enjoy, until it be surveyed and offered for sale by the President; they conducting themselves peaceably and orderly. The chiefs and Warriors of the Menomonee nation, acting under the authority and on behalf of their tribe, solemnly pledge themselves to preserve peace and harmony between their people and the Government of the United States forever. They neither acknowledge the power nor protection of any other State or people. A departure from this pledge by any portion of their tribe, shall be a forfeiture of the protection of the United States Government, and their annuities will cease. In thus declaring their friendship for the United States, however, the Menomonee tribe of Indians, having the most implicit confidence in their great father, the President of the United States, desire that he will, as a kind and faithful guardian of their welfare, direct the provisions of this compact to be carried into immediate effect. The Menomonee chiefs request that New York Indians.such part of it as relates to the New York Indians, be immediately submitted to the representatives of their tribes. And if they refuse to accept the provision made for their benefit, and to remove upon the lands set apart for them, on the west side of Fox river, that he will direct their immediate removal from the Menomonee country; but if they agree to accept of the libera! offer made to them by the parties to this compact, then the Menomonee tribe as dutiful children of their great father the President, will take them by the hand as brothers, and settle down with them in peace and friendship. The boundary, as stated and defined in this agreement, of the Menomonee country, with the exception of the cessions herein before made to the United States, the Menomonees claim as their country; that part of it adjoining the farming country, on the west side of Fox river, will remain to them as heretofore, for a hunting ground, until the President 346of the United States, shall deem it expedient to extinguish their title. In that case, the Menomonee tribe promise to surrender it immediately, upon being notified of the desire of Government to possess it. The additional annuity then to be paid to the Menomonee tribe, to be fixed by the President of the United States. It is conceded to the United States that they may enjoy the right of making such roads, and of establishing such military posts, in any part of the country now occupied by the Menomonee nation, as the President at any time may think proper. Expenses of delegation, &c. As a further earnest of the good feeling on the part of their great father, it is agreed that the expenses of the Menomonee delegation to the city of Washington, and of returning, will be paid, and that a comfortable suit of clothes will be provided for each; also, that the United States will cause four thousand dollars to be expended in procuring fowling guns, and ammunition for them; and likewise, in lieu of any garrison rations, hereafter allowed or received by them, there shall be procured and given to said tribe one thousand dollars worth of good and wholesome provisions annually, for four years, by which time it is hoped their hunting habits may cease, and their attention be turned to the pursuits of agriculture. In testimony whereof, the respective parties to this agreement have severally signed the same, this 8th February, 1831. JOHN H. EATON, S. C. STAMBAUGH. Kaush-kau-no-naive, Grizzly Bear, A-ya-mah-taw, Fish Spawn, Ko-ma-ui-kin, Big Wave, Ko-ma-ni-kee-no-shab, Little Wave, O-ho-pa-shah, Little Whoop, Ah-ke-ne-pa-weh, Earth Standing, Shaw-wan-noh, The South, Mash-ke-wet, Pah-she-nah-sheu, Chi-mi-na-na-quet, Great Cloud, A-na-quet-to-a-peh, Setting in a Cloud, Sha-ka-cho-ka-mo, Great Chief. Signed, sealed, and delivered in presence of R. A. Forsyth, C. A. Grignon, Interpreters. A. G. Ellis. Richard Pricket, U. S. Interpreter. William Wilkins, of Pennsylvania. Samuel Swarlwout, New York. John T. Mason, Michigan. Rh. M Johnson, Kentucky. *Note.*—In the 1st article, third line from the end of it, at page 7th, the words *“and alteration of tenure”* were interlined with the consent and approval of all the parties who signed the same. In presence of Robert A. Forsyth, C. A. Grignon, John T. Mason, P. G. Randolph, Law: L. V. Kleeck, A. G. Ellis. Feb. 17, 1831. Whereas certain articles of agreement were entered into and concluded at the city of Washington, on the 8th day of February instant, between the undersigned, Commissioners on behalf of the United States, and the chiefs and warriors, representing the Menomonee tribe of Indians, whereby a portion of the Menomonee country, on the northwest side of Fox river and Green bay, was ceded to the United States, for the benefit of the New York Indians, upon certain conditions and restrictions therein expressed: And whereas it has been represented to the parties to that agreement, who are parties hereto, that it would be more desirable and satisfactory to some of those interested that one or two immaterial changes be made in the *first* and *sixth* articles, so as not to limit the number of acres to one hundred for each soul who may be settled upon the land when the President apportions it, as also to make unlimited the time of removal and settlement upon these lands by the New York Indians, but to leave both these matters discretionary with the President of the United States. 347 Now, therefore, as a proof of the sincerity of the professions made by the Menomonee Indians, when they declared themselves anxious to terminate in an amicable maimer, their disputes with the New York Indians, and also as a further proof of their love and veneration for their great father, the President of the United States, the undersigned, representatives of the Menomonee tribe of Indians, unite and agree with the Commissioners aforesaid, in making and acknowledging the following supplementary articles a part of their former aforesaid agreement. *First.* It is agreed between the undersigned, commissioners on behalf President to prescribe limo for removal and settlement of New York Indians.of the United States, and the chiefs and warriors representing the Menomonee tribe of Indians, that, for the reasons above expressed, such parts of thé *first* article of the agreement, entered into, between the parties hereto, on the eighth instant, as limits the removal and settlement of the New York Indians upon the lands therein provided for their future homes, to three years, shall be altered and amended, so as to read as follows: That the President of the United States shall prescribe the time for the removal and settlement of the New York Indians upon the lands thus provided for them; and, at the expiration of such reasonable time, he shall apportion the land among the actual settlers, in such manner as he shall deem equitable and just. And if, within such reasonable time, as the President of the United States shall prescribe for that purpose, the New York Indians, shall refuse to accept the provisions made for their benefit, or having agreed, shall neglect or refuse to remove from New York, and settle on the said lands, within the time prescribed for that purpose, that then, and in either of these events, the lands aforesaid shall be, and remain the property of the United States, according to said *first* article, excepting so much thereof, as the President shall deem justly due to such of the New York Indians, as shall actually have removed to, and settled on the said lands. *Second.* It is further agreed that the part of the sixth article of the agreement aforesaid, which requires the removal of those of the New York Indians, who may not be settled on the lands at the end of three years, shall be so amended as to leave such removal discretionary with the President of the United States. The Menomonee Indians having full confidence, that, in making his decision, he will take into consideration the welfare and prosperity of their nation. Done and signed at Washington, this 17th of February, 1831. JOHN H. EATON, S. C. STAMBAUGH. Kaush-kau-no-naive, A-ya-ma-taw, Ko-ma-ni-kin, Ko-ma-ni-kee-no-shah, O-ho-pa-sha, Ah-ke-ne-pa-weh, Sha-wan-noh, Mash-ke-wet, Pah-she-na-shen, Chi-mi-na-na-quet, A-na-quet-to-a-peh, Sha-ka-cho-ka-mo. Signed in presence of R. A. Forsyth, C. A. Grignon, Law. L. V, Kleeck, John T. Mason, P. G. Randolph, A, G. Ellis. To the Indian names are subjoined a mark and seal. [Note.—This treaty was ratified with the following Proviso contained in the Resolution of the Senate; *Provided,* That for the purpose of establishing the rights of the New York Indians, on a permanent and just footing, the said treaty shall be ratified with the express understanding that two townships of land on the east side of the Winnebago lake, equal io forty-six thousand and eighty acres shall be laid off, (to commence at some point to be agreed on,) for the use of the Stockbridge and Munsee tribes; and that die improvements made on the lands now in the possession of the said tribes, on die cast side of the Fox river, which said lands are to be relinquished, shall, after being valued by a commissioner to be appointed by the President of the United States, be paid for by the Government: *Provided,* however, that the valuation of such improvements, shall not 348TREATY WITH THE SENECAS. 1831.exceed the sum of twenty-five thousand dollars: and that there shall be one township of land, adjoining the foregoing, equal to twenty-three thousand and forty acres, laid off and granted for the use of the Brothertown Indians, who are to be paid, by the Government the sum of one thousand six hundred dollars for the improvements on the lands now in their possession, on the east side of Fox river, and which lands are to be relinquished by said Indians: Also, that a new line shall be run, parallel to the southwestern boundary line, or course of the tract of live hundred thousand acres described in the first article of this treaty, and set apart for the New York Indians, to commence at a point on the west side of the Fox river, and one mile above the Grand Shute on Fox river, and at a sufficient distance from the said boundary line as established by the said first article, as shall comprehend the additional quantity of two hundred thousand acres of land, on and along the west side of Fox river, without including any of the confirmed private land claims on the Fox river, and which two hundred thousand acres shall be a part of the five hundred thousand acres intended to be set apart for the Six Nations of the New York Indians and the St. Regis tribe; and that an equal quantity to that which is added on the southwestern side shall be taken off from the northeastern side of the said tract, described in that article, on the Oconto Creek, to be determined by a Commissioner, to be appointed by the President of the United States; so that the whole number of acres to be granted to the Six Nations, and St. Regis tribe of Indians, shall not exceed the quantity originally stipulated by the treaty,”] Feb. 28, 1831 Convention 7 Stat. 348 ARTICLES OF AGREEMENT AND CONVENTION, Feb. 28, 1831.Proclamation, March 24, 1831.*Made and concluded at the City of Washington, on the twenty-eighth day of February, in the year of our Lord, one thousand eight hundred and thirty-one, by and between James B. Gardiner, specially appointed Commissioner on the part of the United States, of the one part, and the undersigned, principal Chiefs and Warriors of the Seneca tribe of Indians, residing on the Sandusky river in the State of Ohio, on the part of said tribe, of the other part; for the cession of the lands note owned and occupied by the said tribe of Indians, lying on the waters of the Sandusky river, and situate within the territorial limits of the organized counties of Seneca and Sandusky, in said State of Ohio.* Whereas the tribe of Seneca Indians, residing on Sandusky River, in the State of Ohio, have earnestly solicited the President of the United States to negotiate with them, for an exchange of the lands, now owned and occupied by them, for lands of the United States, west of the river Mississippi, and for the removal and permanent settlement of said tribe: Therefore, in order to carry into effect the aforesaid objects, the following articles have been agreed upon: Cession by the Senecas. Art. 1. The Seneca tribe of Indians, in consideration of the stipulations herein made on the part of the United States, do forever cede, release and quit claim to the United States, the lands granted to them, by patent, in fee simple, by the sixth section of the Treaty, made at the foot of the Rapids of the Miami River of Lake Erie, on the twenty-ninth day of September, in the year 1817, containing thirty thousand acres, and described as follows: “beginning on the Sandusky river at the lower corner of the section granted to William Spicer; thence down the river on the east side, with the meanders thereof at high water mark, to a point cast of the mouth of Wolf Creek; thence, and from the beginning, east, so far that a north line will include the quantity of thirty thousand acres.” And said tribe also cede, as aforesaid, one other tract of land, reserved for the use of the said Senecas, by the second article of the treaty, made at St. Mary’s, in the State of Ohio, on the seventeenth day of September, in the year 1818, which tract is described in 349said treaty as follows: “Ten thousand acres of land, to be laid off on the east side of the Sandusky river, adjoining the south side of their reservation of thirty thousand acres, which begins on the Sandusky river, at the lower corner of William Spicer’s section, and excluding ‘herefrom the said William Spicer’s section:” making, in the whole of this cession, forty thousand acres. Art. 2. In consideration of the cessions stipulated in the foregoing Removal of Senecas.article; the United States agree to cause the said tribe of Senecas, consisting of about four hundred souls, to be removed in a convenient and suitable manner, to the western side of the Mississippi river; and will grant them, by patent, in fee simple, as long as they shall exist as a Grant to them.nation and remain on the same, a tract of land, situate on, and adjacent to the northern boundary of the lands heretofore granted to the Cherokee nation of Indians, and adjoining the boundary of the State of Missouri; which tract shall extend fifteen miles from east to west, and seven miles from north to south, containing about sixty-seven thousand acres, be the same more or less; for which the President of the United States shall cause letters patent to be issued, in due form of law, agreeably to the Act of the last session of Congress. Art. 3. The United States will defray the expenses of the removal One year’s support.of the said Senecas, and will moreover supply them with a sufficiency of wholesome provisions, to support them for one year, after their arrival at their new residence. Art. 4. Out of the first sales, to be made of the lands herein ceded Grist-mill, saw-mill, &c.by the Senecas, the United States will cause a grist mill, a saw mill, and a blacksmith shop to be erected on the lands herein granted to the Senecas, with all necessary tools, to be supported and kept in operation, at the expense of the United States, for the sole benefit of the said Senecas; and for these purposes, the United States will employ a miller and a blacksmith, for such term as the President of the United States, in his discretion, may think proper. Art. 5. As the Seneca Indians, on their removal, will stand in need Advance of $6000.of funds to make farms and erect houses; it is agreed that the United States will advance them six thousand dollars, in lieu of the improvements which they have made on the lands herein ceded to the United States; which sum shall be reimbursed from the sales of the lands ceded. An equitable distribution of this sum shall be made by the Chiefs, with the consent of the tribe, in general council assembled, to such individuals of the tribe, as, having left improvements, may be properly entitled to receive the same. Art. 6. The live stock, farming utensils, and other chattel property, Live stock, &c.which the Senecas now own, and may not be able to take with them, shall be sold by some agent, to be appointed by the President; and the proceeds paid to the owners of such property, respectively. Art. 7. The expenses of the Chiefs, in coming to and remaining at Expenses of delegation.Washington, and returning to Ohio, as well as the expenses and *per diem* pay of the native Interpreter accompanying them, shall be paid by the United States. Art. 8. The United States will expose to public sale, to the highest Sale of lands.bidders, at such time and in such manner as the President may direct, the tracts of land herein ceded by the Seneca Indians: And, after deducting from the proceeds of such sale, the *minimum* price of the public lands; the cost of building the saw and grist mills and blacksmith shop for the Senecas; the cost of surveying the lands; and the sum of six thousand dollars, to be advanced in lieu of their present 350 Annuity, &c.improvements: it is agreed that any balance which may remain, of the avails of the lands after sale as aforesaid, shall constitute a fund for the future exigencies of the tribe, on which the Government of the United States consent and agree to pay to the Chiefs of the nation, for the use and general benefit of the nation, annually, five per cent on said balance, as an annuity: And if, at any time hereafter, the Seneca Chiefs, by and with the advice and consent of their tribe in General Council assembled, shall make known to the President, their desire that the fund, thus to be created, should be dissolved and given to the tribe; the President shall cause the same to, be paid over to them, in such manner as he may direct; provided he shall become satisfied of the propriety of so doing. Annuities by former treaties. Art. 9. It is agreed that any annuity, accruing to the Senecas, by former treaties, shall be paid to them at their intended residence, west of the Mississippi, under the direction of the President. Presents. Art. 10. The United States hereby agree to give to the Senecas, as presents, one hundred rifles, as soon as practicable, and four hundred blankets, for the. use of the tribe, to be delivered to them at such time and place as may be directed by the Secretary of War. Also fifty ploughs, fifty hoes and fifty axes, will be given to the tribe, as aforesaid, to assist them in commencing farming. Grant to H. C. Brish. Art. 11. The Chiefs of the Senecas, being impressed with gratitude towards Henry C. Brish, their sub-agent, for his private advances of money and provisions, and numerous other acts of kindness towards them, as well as his extra services in coming with them to Washington; and having expressed a wish that a quarter section of a hundred and sixty acres of the lands ceded by them, should be granted to him in consideration thereof: the same is hereby granted to him and his heirs to be located under the direction of the President of the United States. Lands granted, not to be sold. Art. 12. The lands granted by this Agreement and Convention to the Seneca tribe of Indians shall not be sold or ceded by them, except to the United States. Advances to chiefs. Art. 13. It is communicated by the Chiefs here, that, in Council, before they left home, it was agreed by the tribe, that, for their services in coming to the City of Washington, each should receive one hundred dollars, to be paid by said tribe: At the request of said Chiefs, it is agreed that the United States will advance the amount, to wit: five hundred dollars, to be hereafter reimbursed from the sale of their lands in Ohio. In testimony whereof the parties respectively have this twenty-eight of February signed the same and affixed their seals. JAMES B. GARDINER. Comstick, Small Cloud Spicer, Seneca Steel, Hard Hickory, Capt. Good Hunter. Signed in presence of Henry C. Brish, Sub Agent. George Herron, Interpret. W. B. Lewis. Henry Tolan. P. G. Randolph. To the Indian names are subjoined a mark and seal. July 20, 1831 Agreement 7 Stat. 351 ARTICLES OF AGREEMENT AND CONVENTION, July 20, 1831.Proclamation, April 6, 1832.*Made and concluded at Lewistown, in the county of Logan, and State of Ohio, on the twentieth day of July, in the year of our Lord one thousand eight hundred and thirty-one, by and between James B. Gardiner, specialty appointed commissioner on the part of the United States, and John McElvain, Indian agent for the Wyandots, Senecas and Shawnees, on the one part, and the undersigned principal chiefs and warriors of the mixed band of Senecas and Shawnee Indians residing at and around the said Lewistown, of the other part; for the cession of the lands now owned and occupied by said band, lying on the waters of the Great Miami river, and within the territorial limits of the organized county of Logan, in said State of Ohio.* Whereas the President of the United States, under the authority of the Act of Congress, approved May 28th, 1830, has appointed a special commissioner to confer with the different Indian tribes residing within the constitutional limits of the State of Ohio, and to offer for their acceptance the provisions contained in the before recited act. And whereas the mixed band or tribes of Seneca and Shawnee Indians residing at and around Lewistown in said State have expressed their perfect assent to the conditions of said act, and their willingness and anxiety to remove west of the Mississippi river, in order to obtain a more permanent and advantageous home for themselves and their posterity: Therefore, in order to carry into effect the aforesaid objects, the following articles have been agreed upon by the aforesaid contracting parties; which, when approved by the President and ratified by the Senate of the United States, shall be mutually binding upon the United States and the said Seneca and Shawnee Indians. Article I. The Seneca and Shawnee Indians, residing at and around Cession of lands to U. S.Lewistown in the State of Ohio, in consideration of the stipulations herein made on the part of the United States, do for ever cede, release and quit claim to the United States, the lands granted to them by patent in fee simple by the sixth article of the treaty made at the foot of the rapids of the Miami river of Lake Erie, on the twenty-ninth day of Ante, p. 160.September, in the year 1817, containing forty-eight square miles, and described in said treaty as follows:—“Beginning at the intersection of the line run by Charles Roberts in the year one thousand eight hundred and twelve, from the source of the Little Miami river, to the source of the Scioto river, in pursuance of instructions from the commissioners appointed on the part of the United States, to establish the western boundary of the Virginia military reservation, with the Indian boundary line established by the treaty of Greenville in one thousand seven hundred and ninety-five from the crossings above Fort Lawrence to Loramie’s store, and to run from such intersection, northerly, with the first mentioned line, so as to include the quantity as nearly in a square form as practicable, after excluding the section of land granted to Nancy Stewart.” And the said Senecas and Shawnees also cede to the United States, in manner aforesaid, one other tract of land, reserved for them by the second article of the treaty made at St. Mary’s, in Ohio, on the seventeenth of September, in the year 1818, which tract is described in 351 352TREATY WITH THE SENECAS, ETC. 1831.said treaty as follows:—“Eight thousand nine hundred and sixty acres, to be laid off adjoining the west line of the reserve of forty-eight square miles at Lewistown,” Removal of Senecas and Shawnees. Article II. In consideration of the cessions stipulated in the foregoing article, the United States agree to cause the said band of Senecas and Shawnees, consisting of about three hundred souls, to be removed in a convenient and suitable manner to the western side of the Mississippi Grant of land.river, and will grant by patent, in fee simple to them and their heirs forever, as long as they shall exist as a nation and remain on the same, a tract of land to contain sixty thousand acres, to be located under the direction of the President of the United States, contiguous to the lands granted to the Senecas of Sandusky by the treaty made with them at Ante, p. 348.the City of Washington, on the 28th of February 1831, and the Cherokee settlements—the east line of said tract shall be within two miles of the west line of the lands granted to the Senecas of Sandusky, and the south line shall be within two miles of the north line of the lands held by the Cherokees—and said two miles between the aforesaid lines, shall serve as a common pass way between the before mentioned tribes to prevent them from intruding upon the lands of each other. One year’s support, &c. Article III. The United States will defray the expence of the removal of the said Senecas and Shawnees, and will moreover supply them with a sufficiency of good and wholesome provisions to support them for one year after their arrival at their new residence. Saw-mill and blacksmith’s shop. Article IV. Out of the first sales to be made of the lands herein ceded by the said Senecas and Shawnees, the United States will cause a saw-mill and a blacksmith shop to be erected on the lands granted to the said Indians west of the Mississippi, with all necessary machinery and tools, to be supported and kept in operation at the expence of the United States, for the mutual and sole benefit of the said Senecas and Shawnees, and the United States will employ a blacksmith to execute the necessary work for the said Indians for such time as the President of the United States, in his discretion may think proper. $6000 advanced for improvements. Article V. In lieu of the improvments which have been made on the lands herein ceded; it is agreed that the United States shall advance to the said Senecas and Shawnees the sum of six thousand dollars, to be reimbursed from the sales of the lands herein ceded by them to the United States. A fair and equitable distribution of this sum shall be made by the Chiefs of the said Senecas and Shawnees, with the consent of their tribes in general council assembled, to such individuals of the tribes as, having left, improvements, may be properly entitled to the same. Live stock, &c. Article VI. The live stock, farming utensils, and other chattel property, which the said Senecas and Shawnees now own, and may not be able to carry with them, shall be sold under the superintendance of some suitable person appointed by the Secretary of War, and the proceeds paid over to owners of such property respectively. Agent to superintend removal. Article VII. The said Senecas and Shawnees shall be removed to their new residence under the care and protection of some competent and proper person, friendly to them and acquainted with their habits, manners and customs; and the chiefs of the said tribes shall have the privilege of nominating such person to the President, who, if approved of by him, shall have charge of their conveyance. Sale of lands. Article VIII. The United States will expose to public sale to the highest bidders, in the manner of selling the public lands, the tracts of 353land herein ceded by the Senecas and Shawnees; and after deducting from the proceeds of such sale the sum of seventy cents per acre, exclusive of the cost of surveying the lands, the cost of the saw mill and blacksmith shop, and the sum of six thousand dollars to be advanced in lieu of the improvements on the ceded lands; it is agreed that any balance which may remain of the lands after sale as aforesaid, shall constitute Annuity, &c.a fund for the future necessities of said tribes, on which the Government of the United States agree and consent to pay to the chiefs for the use and general benefit of the said tribes annually, five per cent, on the amount of the said balance as an annuity. Said fund to be continued during the pleasure of Congress, unless the chiefs of the said tribes, by and with the consent of the whole of their people in general council assembled, should desire that the fund thus to be created, should be dissolved and paid over to them, in which case the President shall cause the same to be paid over, if in his discretion he shall think the happiness and prosperity of said tribes would be promoted thereby. Article IX. It is agreed that any annuities accruing to the said Annuities by former treaties.Senecas and Shawnees by former treaties shall be paid to them at their intended residence west of the Mississippi under the direction of the President. Article X. In consideration of the former good conduct and friendly Presents.disposition of the aforesaid band of Senecas and Shawnees towards the American Government, and as an earnest of the kind feelings, and good wishes of their great father for the future welfare and happiness of themselves and their posterity, it is agreed that the United States will give them as presents, the following articles, to wit: one hundred blankets, twenty ploughs, one hundred hoes, fifty axes, ten rifles, twenty sets of horse gears, and Russia sheeting sufficient to make forty tents; the whole to be delivered to them as soon as practicable after their arrival at their new residence, except the blankets and the Russia sheeting for the tents, which shall be given at the time of their setting out on their journey; all of said articles to be distributed by the chiefs according to the just claims and necessities of their people. Article XI. The lands granted by this agreement and convention Lands granted, not to be sold. Guaranty by U.S.to the said band of Senecas and Shawnees, shall not be sold or ceded by them except to the United States. And the United States guarantee that said lands shall never be within the bounds of any State or Territory, nor subject to the laws thereof; and further that the President of the United States will cause said tribes to be protected at their new residence against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever; and he shall have the same care and superintendence over them in the country to which they design to remove, that he has heretofore had over them at their present place of residence. Article XII. At the request of the chiefs of the Senecas and Shawnees, Grant to Jas. McPherson.there is granted to James McPherson, one half section of land to contain three hundred and twenty acres, to be laid off in such part of the lands here ceded as he may select, so that the said half section shall adjoin the land heretofore donated to him near the southeast corner of that part of the lands herein ceded which was assigned to the Shawnees by the second article of the treaty made at St. Mary’s, on the 17th of Ante, p. 178.September 1818. And this grant is made in consideration of the sincere attachment of the said chiefs and their people for the said James McPherson, who has lived among them and near them for forty years, and from whom they have received numerous and valuable services and benefits; and also in consideration of the able and candid manner in which he has explained to the Indians the policy of the United States 354in regard to the future welfare and permanent settlement of the Indian tribes. Grant to H. H. McPherson. Article XIII. At the request of the aforesaid chiefs, there is hereby granted to Henry II. McPherson, an adopted son of their nation, a half section of land, to contain three hundred and twenty acres, to be added to a half section of land granted to him by the said chiefs on the 20th day of March 1821, and approved by the President of the United States, which is to be so laid off as to enlarge the last mentioned grant to a square section. Grant to interpreter. Article XIV. At the special request of the aforesaid chiefs, one quarter section of land, to contain one hundred and sixty acres, is hereby granted to Martin Lane their interpreter, who married a quarter blood Indian woman, and has lived a long time among the Senecas. The said quarter section is to be located under the direction of the President of the United States. Explanatory. Article XV. It is understood and agreed by the present contracting parties that the words, “the lands heretofore donated to him” in the twelfth article of this treaty, have direct and sole reference to a *verbal* donation heretofore made by the said Senecas and Shawnees to the said McPherson, and that the intention is that this treaty should confirm the former as well as the latter grant,so that the said McPherson is entitled to one whole section to be located in the southeast corner of the Shawnee part of the lands herein ceded as aforesaid. In testimony hereof the present contracting parties respectively have signed their hands, and affixed their seals the day and year aforesaid, at Pleasant Plains near Lewistown in the State of Ohio. JAMES B. GARDINER, JOHN McELVAIN. Methomea, or Civil John. Skilleway, or Robbin. Totals Chief, or John Young. Pewyache. Mingo Carpenter. John Jackson. Quashacaugh, or Lillie Lewis. James McDonnell. Honede, or Civil John’s Son. Run fast. Yankee Bill. Cold Waler. John Sky. Signed, sealed, and delivered in presence of us:—David Robb, Sub-agent. James McPherson, Joseph Parks, U. S. Interpreters. N. Z. McColloch, H. E. Spencer, Wm. Rianhard, John Shelby, Alexander Thomson, H. B. Strother, Benj. S. Brown, D. M. Workman, R. Patterson, A. O. Spencer, Jas. Stewart, Stephen Giffin. I do hereby certify that each and every article of the foregoing convention and agreement, was carefully explained and fully interpreted by me to the chiefs, head men, and warriors who have signed the same. MARTIN LANE, *U. S. Interpreter.* To the Indian names are subjoined a mark and seal. Aug. 8, 1831 Agreement 7 Stat. 355 ARTICLES OF AGREEMENT AND CONVENTION, Aug. 8, 1831.Proclamation, April 6, 1832.*Made and concluded at Wapaghkonnetta, in the county of Allen and State of Ohio on the 8th day of August in the year of our Lord one thousand eight hundred and thirty-one, by and between James B. Gardiner specially appointed commissioner on the part of the United States and John McElvain, Indian Agent for the Wyandots, Senecas and Shaicnees residing in the State of Ohio, on the one part, and the undersigned, principal Chiefs, Headmen and Warriors of the tribe of Shawnee Indians residing at Wapaghkonnetta and Hog Creek, within the territorial limits of the organized county of Allen, in the State of Ohio.* Whereas the President of the United States under the authority of the Act of Congress, approved May 28, 1830, has appointed a special 1830, ch. 148.commissioner to confer with the different Indian tribes residing within the constitutional limits of the State of Ohio, and to offer for their acceptance the provisions of the before recited act:—And whereas the tribe or band of Shawnee Indians residing at Wapaghkonnetta and on Hog Creek in the said State, have expressed their perfect assent to the conditions of the said act, and their willingness and anxiety to remove west of the Mississippi river, in order to obtain a more permanent and advantageous home for themselves and their posterity. Therefore, in order to carry into effect the aforesaid objects, the following articles of Convention have been agreed upon by the aforesaid contracting parties, which, when ratified by the President of the United States, by and with the advice and consent of the Senate thereof, shall be mutually binding upon the United States and the said Shawnee Indians. Article I. The tribe or band of Shawnee Indians residing at Wapaghkonnetta Cession of lands to U. S.and on Hog Creek in the State of Ohio, in consideration of the stipulations herein made, on the part of the United States, do for ever cede, release and quit claim to the United States the lands granted to them by patent in fee simple by the sixth section of the treaty made at the foot of the Rapids of the Miami river of Lake Erie on the 29th Ante, p. 160day of September in the year of our Lord 1817, containing one hundred and twenty-five sections or square miles, and granted in two reservations and described in the said sixth section of the aforesaid treaty as follows:—“A tract of land ten miles square, the centre of which shall be the council house at Wapaghkonnetta;” and “a tract of land containing twenty-five square miles, which is to join the tract granted at Wapagh konnetta, and to include the Shawnee settlement on Hog creek, and to be laid off as nearly as possible in a square form,” which said two tracts or reservations of land were granted as aforesaid to the said Shawnee Indians by the patents signed by the Commissioner of the General Land Office and certified by the Secretary of War dated the 20th day of April 1821. Also, one other tract of land, granted to the said Shawnees by the second article of the treaty made at St. Mary’s in the state of Ohio, Ante, p. 178.on the 17th day of September in the year 1818, and described therein as follows: “Twelve thousand eight hundred acres of land to be laid off adjoining the east line of their reserve of ten miles square at Wapaghkonnetta,” making in the whole of the aforesaid cessions to the 355 356TREATY WITH THE SHAWNEES. 1831.United States by the aforesaid Shawnees, one hundred and forty-five sections or square miles, which includes all the land now owned or claimed by the said band or tribe of Shawnees in the State of Ohio. Removal of Shawnees. Article II. In consideration of the cessions stipulated in the foregoing article, the United States agree to cause the said tribe or band of Shawnees, consisting of about four hundred souls, to be removed in a convenient and suitable manner to the Western side of the Mississippi Grant of land west of the Mississippi.river, and will grant by patent in fee simple to them and their heirs for ever, as long as they shall exist as a nation and remain upon the same, a tract of land to contain one hundred thousand acres, to be located under the direction of the President of the United States, within the tract of land equal to fifty miles square, which was granted to the Shawnee Indians of the State of Missouri by the second article of a treaty made at the city of Saint Louis in said State, with the said Shawnees of Missouri by William Clark, Superintendent of Indian Affairs, on the 7th day of November in the year 1825; and in which it is provided that the grant aforesaid shall be for the Shawnee tribe of Indians within the State of Missouri, “and for those of the same nation now residing in Ohio, who may hereafter emigrate to the west of the Mississippi;” but if there should not be a sufficiency of good land unoccupied by the Shawnee Indians who have already settled on the tract granted as afore said by the said treaty of Saint Louis; then the tract of one hundred thousand acres, hereby granted to the said Shawnees of Ohio, parties to this compact, shall be located under the direction of the President of the United States on lands contiguous to the said Shawnees of Missouri, or on any other unappropriated lands within the district of country designed for the emigrating Indians of the United States. One year’s support, &c. Article III. The United States will defray the expenses of the removal of the said band or tribe of Shawnees, and will moreover supply them with a sufficiency of good and wholesome provisions, to support them for one year after their arrival at their new residence. Saw-mill, grist-mill, &c. Article IV. Out of the first sales to be made of the lands herein ceded by the said Shawnees, the United States will cause a good and substantial saw mill, and a grist mill, built in the best manner, and to contain two pair of stones and a good bolting cloth, to be erected on the lands granted to the said Shawnees, west of the Mississippi; and said mills shall be solely for their use and benefit. The United States will, out of the sales of the ceded lands, as aforesaid, cause a blacksmith shop, (to contain all the necessary tools,) to be built for the said Shawnees, at their intended residence, and a blacksmith shall be employed by the United States, as long as the President thereof may deem proper, to execute all necessary and useful work for said Indians. $13.000 advanced for improvements. Article V. In lieu of the improvements which have been made on the lands herein ceded, it is agreed that the United States shall advance to the said Shawnees (for the purpose of enabling them to erect houses and open farms al their intended residence) the sum of thirteen thousand dollars, to be reimbursed from the sales of the lands herein ceded by them to the United States. A fair and equitable distribution of this sum shall be made by the chiefs of the said Shawnees; with the consent of the people, in general council assembled, to such individuals of their tribe who have made improvements on the lands herein ceded, and may be properly entitled to the same. Farming utensils, &c. Article VI. The farming utensils, live stock and other chattel property, which the said Shawnees now own, and may not be able to carry with them, shall be sold, under the superintendance of some suitable 357person, appointed by the Secretary of War for that purpose, and the proceeds paid over to the owners of such property respectively. Article VII. The United States will expose to public sale to the Sale of lands ceded by Shawnees.highest bidder, in the manner of selling the public lands, the tracts of land herein ceded by the said Shawnees. And after deducting from the proceeds of such sales the sum of seventy cents per acre, exclusive of the cost of surveying, the cost of the grist mill, saw mill and blacksmith shop and the aforesaid sum of thirteen thousand dollars, to be advanced in lieu of improvements; it is agreed that any balance, which may remain of the avails of the lands, after sale as aforesaid, shall constitute a fund for the future necessities of said tribe, parties to this compact, on which the United States agree to pay to the chiefs, for the use and general benefit of their people, annually, five per centum on the amount of said balance, as an annuity. Said fund to be continued during the Annuity, &c.pleasure of Congress, unless the chiefs of the said tribe, or band, by and with the consent of their people, in general council assembled, should desire that the fund thus to be created, should be dissolved and paid over to them; in which case the President shall cause the same to be so paid, if in his discretion, he shall believe the happiness and prosperity of said tribe would be promoted thereby. Article VIII. It is agreed that any annuities, accruing to the said Annuities by former treaties.band or tribe of Shawnees, by former treaties, shall be paid to them at their intended residence west of the Mississippi, under the direction of the President. Article IX. In consideration of the good conduct and friendly dispositions Presents.of the said band of Shawnees towards the American Government, and as an earnest of the kind feelings and good wishes of the people of the United States, for the future welfare and happiness of the said Shawnees, it is agreed that the United States, will give them, as presents, the following articles, to be fairly divided by the chiefs, among their people, according to their several necessities, to wit: two hundred blankets, forty ploughs, forty sets of horse gears, one hundred and fifty hoes, fifty axes, and Russia sheeting sufficient for fifty tents:—the whole to be delivered to them, as soon as practicable, after their arrival at their new residence, except the blankets and Russia sheeting, which shall be given previously to their removal. Article X. The lands granted by this agreement and convention to Lands granted not to be sold. Guarantee.the said band or tribe of Shawnees, shall not be sold nor ceded by them, except to the United States. And the United States guarantee that said lands shall never be within the bounds of any State or territory, nor subject to the laws thereof; and further, that the President of the United States will cause said tribe to be protected at their intended residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever, and he shall have the same care and superintendence over them, in the country to which they are to remove, that he has heretofore had over them at their present place of residence. Article XI. It is understood by the present contracting parties, that Claims of F. Duchouquet.any claims which Francis Duchouquet may have, under former treaties, to a section or any quantity of the lands herein ceded to the United States, are not to be prejudiced by the present compact; but to remain as valid as before. Article XII. In addition to the presents given in the ninth article Additional presents.of this convention, it is agreed that there shall also be given to the said Shawnees, twenty-five rifle guns, to be distributed in the manner provided in said ninth article. 358 Grant to Jos. Parks, &c. Article XIII. At the request of the chiefs, there is granted, to Joseph Parks, a quarter blooded Shawnee, one section of land to contain six hundred and forty acres, and to include his present improvements at the old town near Wapaghkonnetta, in consideration of his constant friendship and many charitable and valuable services towards the said Shawnees:—and at the request of the chiefs, it is also stipulated that the price of an average section of the lands herein ceded, shall be reserved in the hands of the Government, to be paid to their friends, the Shawnees who now reside on the river Huron in the Territory of Michigan, for the purpose of bearing their expenses, should they ever wish to follow the Shawnees of Wapaghkonnetta and Hog creek to their new residence west of the Mississippi. Further presents. Article XIV. At the request of the chiefs it is agreed that they shall be furnished with two cross-cut saws for the use of their tribe; and also that they shall receive four grindstones annually, for the use of their people, to be charged upon the surplus fund, and they shall further receive, as presents, ten hand saws, ten drawing knives, twenty files, fifty gimblets, twenty augurs of different sizes, ten planes of different sizes, two braces and bits, four hewing axes, two dozen scythes, five frows and five grubbing hoes. In testimony whereof, the said James B. Gardiner, specially appointed commissioner on the part of the United States, and John McElvain, Indian agent as aforesaid, and the said chiefs, warriors and headmen of the said Shawnees of Wapaghkonnetta and Hog creek, have hereunto set their hands and seals at Wapaghkonnetta, this eighth day of August in the year of our Lord one thousand eight hundred and thirty-one. JAMES B. GARDINER, JOHN McELVAIN. Lauloway, or John Perry, Nolesimo, or Henry Clay, Peaghtucker, or McNear, P. H. Tha, Wiwelipea, Quarky, Letho, Naecimo, or Lillie Fox, Pamothaway, or George Williams, Squecawpowee, or Geo. McDougall, Lawathtucker, or John Wolf, Thothweillew, or Bright Horne, P. H. Thawtaw, or Peter Cornstock, Saucothcaw, or Spy Buck, Chawwee, or Thawquotsaway, or Big Man, Jakescaw, or Cap. Tom. Quelenee, Chissecaw, Chupehecaw, or Old Big Knife, Be dee dee, or Big Jim. Signed and sealed in presence of us, Wm. Walker, Sc'y. to the Commissioners. David Robb, Sub-agent. John McLaughlin. Alexander Thomson. Henry Harvey. John Elliott. Amos Kenworthy. John Armstrong. Jeremiah A. Dooley. Warpole, a Wyandot Chief. Tashnewau, Ottaway Chief. Francis Johnston. John Gunn. James S. Chewers. A. D. Kinnard. Pay ton quot, Ottaway Chief. To the Indian names are subjoined a mark and seal. I hereby certify that the several articles in the foregoing treaty have been fairly interpreted and fully explained to the chiefs, head men and warriors of the Shawnee band or tribe, who have signed the same. JOSEPH PARKS, *U. S. Interpreter.* Aug. 30, 1831 Agreement 7 Stat. 359 ARTICLES OF AGREEMENT AND CONVENTION Aug. 30, 1831.Proclamation, April 6, 1832.*Made and concluded this thirtieth day of August, in the year of our Lord one thousand eight hundred and thirty-one, by and between James B. Gardiner, specially appointed commissioner on the part of the United States, on the one part, and the chiefs, head men and warriors of the band of Ottoway Indians residing within the State of Ohio on the other part, for a cession of the several tracts of land noio held and occupied by said Indians within said State, by reservations made under the treaty concluded at Detroit on the* 17*th day of November,* 1807, *and the treaty made at the foot of the Rapids of the Miami river of Lake Erie, on the* 29*th of September,* 1817. Whereas the President of the United States, under the authority of the act of Congress, approved May 28, 1830, lias appointed a special 1830, ch. 148.commissioner to confer with the different Indian tribes residing within the constitutional limits of the State of Ohio, and to offer for their acceptance the provisions of the before mentioned act: And whereas the band of Otto ways residing on Blanchard’s fork of the Great Auglaize river, and on the Little Auglaize river at Oquanoxie’s village, have expressed their consent to the conditions of said act, and their willingness to remove west of the Mississippi, in order to obtain a more per manent and advantageous home for themselves and their posterity: Therefore, in order to carry into effect the aforesaid objects, the following articles of convention have been agreed upon, by the aforesaid contracting parties, which, when ratified by the President of the United States, by and with the consent of the Senate thereof, shall be mutually binding upon the United States and the aforesaid band of Ottoway Indians. Article I. The band of Ottoway Indians, residing on Blanchard’s Cession of land to U. S. by Ottawa Indians.fork of the Great Auglaize river, and at Oquanoxa’s village on the Little Auglaize river, in consideration of the stipulations herein made on the part of the United States, do forever cede, release and quit claim to the United States, the lands reserved to them by the last clause of the sixth article of the treaty made at the foot of the Rapids of the Miami of the Ante, p. 160.Lake on the 29th of September, 1817; which clause is in the following words: “There shall be reserved for the use of the Ottoway Indians, but not granted to them, a tract of land on Blanchard’s fork of the Great Auglaize river, to contain five miles square, the centre of which tract is to be where the old trace crosses the said fork; and one other tract, to contain three miles square on the Little Auglaize river, to include Oquanoxa’s village,” making in said cession twenty-one thousand seven hundred and sixty acres. Article II. The chiefs, head men and warriors of the band of Ottoway Cession by a certain other band of Ottawas.Indians, residing at and near the places called *Roche de Boeuf* and Wolf rapids, on the Miami river of Lake Erie, and within the State of Ohio, wishing to become parties to this convention, and not being willing, at this time, to stipulate for their removal west of the Mississippi; do hereby agree, in consideration of the stipulations herein made for them on the part of the United States, to cede, release and forever quit claim to the United States the following tracts of land, reserved to them 359 360TREATY WITH THE OTTAWAS. 1831.by the treaty made at Detroit on the 17th day of November, 1807, to Ante, p. 105.wit, the tract of six miles square above *Roche de Boeuf,* to include the village where Tondagonie (or Dog) formerly lived; and also three miles square at the Wolf rapids aforesaid, which was substituted for the three miles square granted by the said treaty of Detroit to the said Ottoways “to include *Presque Isle,”* but which could not be granted as stipulated in said treaty of Detroit, in consequence of its collision with the grant of twelve miles square to the United States by the treaty of Greenville; making in the whole cession made by this article twenty-eight thousand one hundred and fifty-seven acres, which is exclusive of a grant made to Yellow Hair (or Peter Minor) by the 8th article of the treaty at the Auto, p. 160.foot of the Rapids of Miami, on the 29th of September, 1817, and for which said Minor holds a patent from the General Land Office for 613 acres. Removal of Ottawas residing at Blanchard’s fork, &c. Article III. In consideration of the cessions made in the first article of this convention, the United States agree to cause the band of Ottoways residing on Blanchard’s fork, and at Oquanoxa’s village, as afore said, consisting of about two hundred souls, to be removed, in a convenient and suitable manner, to the western side of the Mississippi river; Grant of land to said band.and will grant, by patent in fee simple, to them and their heirs for ever, as long as they shall exist as a nation, and remain upon the same, a tract of land to contain thirty-four thousand acres, to be located adjoining the south or west line of the reservation equal to fifty miles square, Ante, p. 284.granted to the Shawnees of Missouri and Ohio on the Kanzas river and its branches, by the treaty made at St. Louis, November 7th, 1825. One year’s support, &c. Article IV. The United States will defray the expense of the removal of the said band of Ottoways, and will moreover supply them with a sufficiency of good and wholesome provisions to support them for one year after their arrival at their new residence. $2000 to be advanced for improvements. Article V. In lieu of the improvements which have been made on the lands ceded by the first article of this convention, it is agreed that the United States shall advance to the Ottoways of Blanchard’s fork and Oquanoxa’s village, the sum of two thousand dollars, to be reimbursed from the sales of the lands ceded by the said first article. And it is expressly understood that this sum is not to be paid until the said Ottoways arrive al their new residence, and that it is for the purpose of enabling them to erect houses and open farms for their accommodation and subsistence in their new country. A fair and equitable distribution of this sum shall be made by the chiefs of the said Ottoways, with the consent of their people, in general council assembled, to such individuals of their band as may have made improvements on the lands ceded by the first article of this convention, and may be properly entitled to the same. Farming utensils, live stock, &c. Article VI. The farming utensils, live stock and other chattel property, which the said Ottoways of Blanchard’s fork and Oquanoxa’s village now own, shall be sold, under the superintendence of some suitable person appointed by the Secretary of War; and the proceeds paid to the owners of such property respectively. Sale of lands ceded by said band. Article VII. The United States will expose to sale to the highest bidder, in the manner of selling the public lands, the tracts ceded by the first article of this convention, and after deducting from the proceeds of such sales the sum of seventy cents per acre, exclusive of the cost of surveying, and the sum of two thousand dollars advanced in lieu of improvements; it is agreed that the balance, or so much thereof as may be necessary, shall be hereby guaranteed for the payment of the debts, which the said Ottoways of Blanchard’s fork, and Oquanoxa’s village 361may owe in the State of Ohio and the Territory of Michigan, and agree to be due by them, as provided in the sixteenth article of this convention; and any surplus of the proceeds of said lands, which may still remain, shall be vested by the President in Government stock, and five per cent, thereon shall be paid to the said Ottoways of Blanchard’s fork and Oquanoxa’s village, as an annuity during the pleasure of Congress. Article VIII. It is agreed that the said band of Ottoways of Blanchard’s Annuities by former treaties.fork and Oquanoxa’s village, shall receive, at their new residence, a fair proportion of the annuities due to their nation by former treaties, which shall be apportioned under the direction of the Secretary of War, according to their actual numbers. Article IX. The lands granted by this agreement and convention Lands granted not to be sold. to the said band of Ottoways residing at Blanchard’s fork and Oqua noxa’s village shall not be sold nor ceded by them, except to the United States. And the United States guarantee that said lands shall never be Guarantee.within the bounds of any State or territory, nor subject to the laws thereof, and further, that the President of the United States will cause said band to be protected at their new residence, against all interruption or disturbance from any other tribe or nation of Indians and from any other person or persons whatever: and he shall have the same care and superintendence over them in the country to which they design to remove, that he now has at their present residence. Article X. As an evidence of the good will and kind feelings of the Presents.people of the United States towards the said band of Ottoways of Blanchard’s fork and Oquanoxa’s village; it is agreed that the following articles shall be given them, as presents, to wit: eighty blankets, twenty-five rifle guns, thirty-five axes, twelve ploughs, twenty sets of horse gears, and Russia sheeting sufficient for tents for their whole band; the whole to be delivered according to the discretion of the Secretary of War. Article XI. In consideration of the cessions made in the second Grant of land to Ottawas residing at Roche de Bœuf, &c.article of this convention by the chiefs, head men and warriors of the band of Ottoways residing at *Roche de Boeuf* and Wolf rapids, it is agreed that the United States will grant to said band by patent in fee simple, forty thousand acres of land, west of the Mississippi, adjoining the lands assigned to the Ottoways of Blanchard’s fork and Oquanoxa’s village, or in such other situation as they may select, on the unappropriated lands in the district of country designed for the emigrating Indians of the United States. And whenever the said band may think proper to accept of the above grant, and remove west of the Mississippi, the United States agree that they shall be removed and subsisted by the Government in the same manner as is provided in this convention for their brethren of Blanchard’s fork and Oquanoxa’s village, and they shall receive like presents, in proportion to their actual numbers, under the direction of the Secretary of War. It is also understood and agreed that the said band, when they shall agree to remove west of the Mississippi, shall receive their proportion of the annuities due their nation by former treaties, and be entitled in every respect to the same privileges, advantages and protection, which are herein extended to their brethren and the other emigrating Indians of the State of Ohio. Article XII. The lands ceded by the second article of this convention Sale of lands ceded by said band.shall be sold by the United States to the highest bidder, in the manner of selling the public lands, and after deducting from the avails thereof *seventy* cents per acre, exclusive of the cost of surveying, the balance is hereby guaranteed to discharge such debts of the Ottoways residing on the river and bay of the Miami of Lake Erie, as they may 362 Proceeds of sales.herein acknowledge to be due, and wish to be paid. And whatever overplus may remain of the avails of said lands, after discharging their debts as aforesaid, shall be paid to them in money, provided they shall refuse to remove west of the Mississippi, and wish to seek, some other home among their brethren in the Territory of Michigan. But should the said band agree to remove west of the Mississippi, then any overplus which may remain to them, after paying their debts, shall be invested by the President, and five per centum paid to them as an annuity, as is provided for their brethren by this convention. Temporary reservations. Article XIII. At the request of the chiefs residing at *Roche de Boeuf* and Wolf rapids, it is agreed that there shall be reserved for the use of Wau be ga kake (one of the chiefs) for three years only, from the signing of this convention, a section of land below and adjoining the section granted to and occupied by Yellow Hair or Peter Minor; and also there is reserved in like manner and for the term of three years, and no longer, for the use of Muck-qui-on-a, or Bearskin, one section and a half, below Wolf rapids, and to include his present residence and improvements. And it is also agreed that the said Bearskin shall have the occupancy of a certain small island in the Maumee river, opposite his residence, where he now raises corn, which island belongs to the United States, and is now unsold; but the term of this occupancy is not guaranteed for three years; but only so long as the President shall think proper to reserve the same from sale. And it is further understood, that any of the temporary reservations made by this article, may be surveyed and sold by the United States, subject to the occupancy of three years, hereby granted to the aforesaid Indians. Grants to H. Thebault and Article XIV. At the request of the chiefs of *Roche de Boeuf* and Wolf rapids, there is hereby granted to Hiram Thebeault (a half blooded Ottoway,) a quarter section of land, to contain one hundred and sixty acres and to include his present improvements at the Bear rapids of the Miami of the Lake. Also, one quarter section of land, to contain W. McNabb.like quantity, to William McNabb, (a half blooded Ottoway,) to adjoin the quarter section granted to Hiram Thebeault. In surveying the above reservations, no greater front is to be given on the river, than would properly belong to said quarter sections, in the common manner of surveying the public lands. Grant to children of Peter Minor. Article XV. At the request of the chiefs of *Roche de Boeuf* and Wolf rapids, there is granted to the children of Yellow Hair, (or Peter Minor,) one half section of land, to contain three hundred and twenty acres, to adjoin the north line of the section of land now held by said Peter Minor, under patent from the President of the United States, bearing date the 24th of November, 1827, and the lines are not to approach nearer than one mile to the Miami river of the Lake. Claims against Ottawas recognised. Article XVI. It is agreed by the chiefs of Blanchard’s fork and Oquanoxa’s village, and the chiefs of *Roche de Boeuf* and Wolf rapids, jointly, that they are to pay out of the surplus proceeds of the several tracts herein ceded by them, equal proportions of the claims against them by John E. Hunt, John Hollister, Robert A. Forsythe, Payne C. Parker, Peter Minor, Theodore E. Phelps, Collister Haskins and S. and P. Carlan. The chiefs aforesaid acknowledge the claim of John E. Hunt to the amount of five thousand six hundred dollars; the claim of John Hollister to the amount of five thousand six hundred dollars; the claim of Robert A. Forsythe to the amount of seven thousand five hundred and twenty-four dollars, in which is included the claims assigned to said Forsythe by Isaac Hull, Samuel Vance, A. Peltier, Oscar White and Antoine Lepoint. They also allow the claim of Payne C. Parker to the amount of five hundred dollars; the claim of Peter Minor to the 363amount of one thousand dollars; the claim of Theodore E. Phelps to the amount of three hundred dollars; the claim of Collister Haskins to the amount of fifty dollars, but the said Haskins claims fifty dollars more as his proper demand: and the claim of S, and P. Carlan to the amount of three hundred and ninety-eight dollars and twenty-five cents. The aforesaid chiefs also allow the claim of Joseph Laronger to the amount of two hundred dollars, and the claim of Daniel Lakin to the amount of seventy dollars. Notwithstanding the above acknowledgments and allowances, it is expressly understood and agreed by the respective parties to this compact, that the several claims in this article, and the items which compose the same, shall be submitted to the strictest scrutiny and examination of the Secretary of War, and the accounting officers of the Treasury Department, and such amount only shall be allowed as may be found just and true. Article XVII. On the ratification of this convention, the privileges Privileges by former treaties to cease.of every description, granted to the Ottoway nation within the State of Ohio, by the treaties under which they hold the reservations of land herein ceded, shall forever cease and determine. Article XVIII. Whenever the deficiency of five hundred and eighty Deficiency in annuities for 1830.dollars, which accrued in the annuities of the Ottoways for 1830, shall be paid, the parties to this convention, residing on Blanchard’s fork and Oquanoxa’s village, shall receive their fair and equitable portion of the same, either at their present or intended residence. Article XIX. The chiefs signing this convention, also agree, in Additional claims.addition to the claims allowed in the sixteenth article thereof, that they owe John Anderson two hundred dollars; and Francis Lavoy two hundred dollars. Article XX. It is agreed that there shall be allowed to Nau-on-quai-que-zhick, Allowance to Nau-on-quai-que-zhick.one hundred dollars, out of the surplus fund accruing from the sales of the lands herein ceded, in consequence of his not owing any debts, and having his land sold, to pay the debts of his brethren. In testimony whereof, the aforesaid parties to this Convention, have hereunto set their hands and seals at the Indian reserve on the Miami bay of Lake Erie, the day and year above written. JAMES B. GARDINER. Ar-taish-nai-wau, O-quai-nans-a, Os-cha-no, or Charlo, Quacint, Waw-ba-ga-cake, Che-cauk, Peton-o-quet, Oshaw-wa-non, Pe nais we, Nau qua ga shoek, Pe nais won quet, Pe she keinee, Cumchaw, (Blanchard’s fork,) Cum chaw, (Wolf Rapids,) Sus-sain, Ca ha yaw, O sho quene, Muc-co-tai-pee-nai-see, O-sage, Pan tee, Me san kce, O mus se nau, Non dai wan, E au vaince. Signed and sealed in the presence of Wm. Walker, Secy. to Commissioner. R. A. Forsyth, Sub. Agt. of Ind. Aff. Henry Conner, Sub-agent. John Anderson. John McDouell. Dan. B. Miller. Levi S. Humphrey. James H. Forsyth. William Wilson. Lambert Cauchois. Geo. B. Knaggs. J. J. Godfrey. To the Indian names are subjoined a mark and seal. 364 TREATY WITH THE WYANDOTS. 1832. I do hereby certify that each article of the foregoing convention was fairly interpreted and fully explained by me to the chiefs head men and warriors who have signed the same. HENRY CONNER, *Interpreter.* Jan. 19, 1832 Agreement 7 Stat. 364 ARTICLES OF AGREEMENT AND CONVENTION Jan. 19, 1832.Proclamation, April 6, 1832.*Made and concluded at McCutcheonsville, Crawford county, Ohio, on the nineteenth day of January,* 1832, *by and between James B. Gardiner, specially appointed commissioner on the part of the United States, and the Chiefs, Headmen and Warriors of the band of Wyandots, residing at the Big Spring, in said county of Crawford, and owning a reservation of* 16,000 *acres at that place.* Whereas the said band of Wyandots have become fully convinced that, whilst they remain in their present situation in the State of Ohio, in the vicinity of a white population, which is continually increasing and crowding around them, they cannot prosper and be happy, and the morals of many of their people will be daily becoming more and more vitiated—And understanding that the Government of the United States is willing to purchase the reservation of land on which they reside, and for that purpose have deputed the said James B. Gardiner as special commissioner to treat for a cession of the same:—Therefore, to effect the aforesaid objects, the said Chiefs, Headmen and Warriors, and the said James B. Gardiner, have this day entered into and agreed upon the following articles of convention. Cession of land to U. S. Article I. The band of Wyandots residing at the Big Spring in the county of Crawford, and State of Ohio, do hereby forever cede and relinquish to the United States the reservation of sixteen thousand acres of land, granted to them by the second article of the treaty made at St. Ante, p. 178.Mary’s, on the seventeenth day of September, eighteen hundred and eighteen, which grant is in the following words, to wit: “There shall be reserved for the use of the Wyandots residing at Solomon’s town and on Blanchard’s fork sixteen thousand acres of land, to be laid off in a square form, on the head of Blanchard’s fork, the centre of which shall be at the Big spring, on the road leading from Upper Sandusky to Fort Findlay.” Sale of land. Article II. The United States stipulate with the said band of Wyandots that, as soon as practicable after the ratification of this treaty, the aforesaid tract of sixteen thousand acres shall be surveyed into sections and put into market and sold in the ordinary manner of selling the public lands of the United States; and when the same shall be sold, or as soon as any part thereof shall be disposed of, (be the price received therefor more or less) there shall be paid to the chiefs, head-men and warriors, signing this treaty, for the benefit of all the said band of Wyandots, the sum of one dollar and twenty-five cents per acre for each and every acre so sold or for sale. The said price shall be paid in silver, and in the current coin of the United States. U. S. agree to pay for improvements. Article III. For the improvements now made upon said reservation the United States agree to pay a fair valuation in money, according to the appraisement of Joseph McCutcheon, Esq. (or such person as the 365Secretary of War may depute for that purpose) and an appraiser to be chosen by the said band of Wyandots. And in case the said appraisers shall not be able to agree upon any of their valuations, they shall call to their assistance some competent citizen of the county of Crawford. Article IV. There shall [be] reserved for Roe-nu-nas, one of the Reservation for Roe-nu-nae.oldest chiefs of said band, one half section, to contain three hundred and twenty acres, and to include the improvements where he now lives. Article V. It is expressly understood between the present contracting Removal.parties, that the said band of Wyandots may, as they think proper, remove to Canada, or to the river Huron in Michigan, where they own a reservation of land, or to any place they may obtain a right or privilege from other Indians to go. Article VI.(*) * After signing, it was mutually agreed to expunge this article. It was expressly agreed before the signing of this treaty, that that part of the fifth article relating to the granting to the said band of Wyandots lands west of the Mississippi, and every other article in relation thereto is wholly null and void, and of no effect. Article VII. Inasmuch as the band of Wyandots, herein treating, Special sub-agent.have separated themselves from the Wyandots at Upper Sandusky and on the Sandusky plains, they ask of the General Government that there may be a special sub-agent and protector appointed for them whilst they remain in the State of Ohio, and they respectfully recommend Joseph McCutcheon, Esq. of the county of Crawford, as a fit and proper person to act in such capacity; and that he may have the power to employ such interpreter as he may think proper in his intercourse with said band. The aforesaid articles of agreement shall be mutually binding upon Treaty binding when ratified.the present contracting parties, when ratified by the President of the United States, by and with the consent of the Senate thereof. J. B. GARDINER. Roe-nu-nas, Bear-skin, Shi-a-wa, or John Solomon, John McLean, Matthew Grey eyes, Isaac Driver, John D. Brown, Alex. Clarke. Done in presence of C. Clarke, Secretary to the Commissioner. Joseph McCutcheon, J. P. in the county of Crawford, Ohio. John C. Dewit. Richard Reynolds. G. W. Sampson. To the Indian names are subjoined marks. explanation. In the first draft of this treaty, provision was made for the removal of the band west of the Mississippi, but they refused to accept of a grant of land, or to remove there, and the articles having relation thereto were accordingly omitted, it was therefore necessary to omit the 6th article; and circumstances did not admit of time to remodel and copy the whole treaty. J. B. GARDINER, *Special Commissioner, &c.* March 24, 1832 Treaty 7 Stat. 366 ARTICLES OF A TREATY March 24, 1832.Proclamation, April 4, 1832.*Made at the City of Washington between Lewis Cass, thereto specially authorized by the President of the United States, and the Creek tribe of Indians.* Cession of land by the Indians. Article I. The Creek tribe of Indians cede to the United States all their land, East of the Mississippi river. Land to be surveyed, &c. 1837, ch. 41. 1838, ch. 161. Article II. The United States engage to survey the said land as soon as the same can be conveniently done, after the ratification of this treaty, and when the same is surveyed to allow ninety principal Chiefs of the Creek tribe to select one section each, and every other head of a Creek family to select one half section each, which tracts shall be re served from sale for their use for the term of five years, unless sooner disposed of by them. A census of these persons shall be taken under the direction of the President and the selections shall be made so as to include the improvements of each person within his selection, if the same can be so made, and if not, then all the persons belonging to the same town, entitled to selections, and who cannot make the same, so as to include their improvements, shall take them in one body in a proper form. And twenty sections shall be selected, under the direction of the President for the orphan children of the Creeks, and divided and re tained or sold for their benefit as the President may direct. Provided however that no selections or locations under this treaty shall be so made as to include the agency reserve. Conveyances. Article III. These tracts may be conveyed by the persons selecting the same, to any other persons for a fair consideration, in such manner as the President may direct. The contract shall be certified by some person appointed for that purpose by the President, but shall not be valid ’till the President approves the same. A title shall be given by the United States on the completion of the payment. Land patents. Article IV. At the end of five years, all the Creeks entitled to these selections, and desirous of remaining, shall receive patents therefor in fee simple, from the United States. Intruders. Article V. All intruders upon the country hereby ceded shall be removed therefrom in the same manner as intruders may be removed by law from other public land until the country’ is surveyed, and the selections made; excepting however from this provision those white persons who have made their own improvements, and not expelled the Creeks from theirs. Such persons may remain ’till their crops are gathered. After the country is surveyed and the selections made, this article shall not operate upon that part of it not included in such selections. But intruders shall, in the manner before described, be removed from these selections for the term of five years from the ratification of this treaty, or until the same are conveyed to white persons. Additional locations. Article VI. Twenty-nine sections in addition to the foregoing may be located, and patents for the same shall then issue to those persons, being Creeks, to whom the same may be assigned by the Creek tribe. But whenever the grantees of these tracts possess improvements, such tracts shall be so located as to include the improvements, and as near as may be in the centre. And there shall also be granted by patent to 366 TREATY WITH THE CREEKS. 1832.367Benjamin Marshall, one section of land, to include his improvements on the Chatahoochee river, to be bounded for one mile in a direct line along the said river, and to run back for quantity. There shall also be granted to Joseph Bruner a coloured man, one half section of land, for bis services as an interpreter. Article VII. All the locations authorised by this treaty, with the Locations, how to be made.exception of that of Benjamin Marshall shall be made in conformity with the lines of the surveys; and the Creeks relinquish all claim for improvements. Article VIII. An additional annuity of twelve thousand dollars Additional annuity to Creeks.shall be paid to the Creeks for the term of five years, and thereafter the said annuity shall be reduced to ten thousand dollars, and shall be paid for the term of fifteen years. All the annuities due to the Creeks shall be paid in such manner as the tribe may direct. Article IX. For the purpose of paying certain debts due by the Consideration for improvements.Creeks, and to relieve them in their present distressed condition, the sum of one hundred thousand dollars, shall be paid to the Creek tribe, as soon as may be after the ratification hereof, to be applied to the payment of their just debts, and then to their own relief, and to be distributed as they may direct, and which shall be in full consideration of all improvements. Article X. The sum of sixteen thousand dollars shall be allowed Expenses of delegation.as a compensation to the delegation sent to this place, and for the payment of their expenses, and of the claims against them. Article XI. The following claims shall be paid by the United U. S. to pay certain claims.States. For ferries, bridges and causeways, three thousand dollars, provided that the same shall become the property of the United States. For the payment of certain judgments obtained against the chiefs eight thousand five hundred and seventy dollars. For losses for which they suppose the United States responsible, seven thousand seven hundred and ten dollars. For the payment of improvements under the treaty of 1826 one thousand dollars. The three following annuities shall be paid for life. Annuities. To Tuske-hew-haw-Cusetaw two hundred dollars. To the Blind Uchu King one hundred dollars. To Neah Mico one hundred dollars. There shall be paid the sum of fifteen dollars, for each person who has emigrated without expense to the United States, but the whole sum allowed under this provision shall not exceed fourteen hundred dollars. There shall be divided among the persons, who suffered in consequence of being prevented from emigrating, three thousand dollars. The land hereby ceded shall remain as a fund from which all the foregoing payments except those in the ninth and tenth articles shall be paid. Article XII. The United States are desirous that the Creeks should Removal of Creeks.remove to the country west of the Mississippi, and join their countrymen there; and for this purpose it is agreed, that as fast as the Creeks are prepared to emigrate, they shall be removed at the expense of the United States, and shall receive subsistence while upon the journey, and for one year after their arrival at their new homes—Provided however, Proviso.that this article shall not be construed so as to compel any Creek Indian to emigrate, but they shall be free to go or stay, as they please. 368 TREATY WITH THE SEMINOLES. 1832. Presents to emigrants. Article XIII. There shall also be given to each emigrating warrior a rifle, moulds, wiper and ammunition and to each family one blanket. Three thousand dollars, to be expended as the President may direct, shall be allowed for the term of twenty years for teaching their children. Blacksmiths.As soon as half their people emigrate, one blacksmith shall be allowed them, and another when two thirds emigrate, together with one ton of iron and two hundred weight of steel annually for each blacksmith.—These blacksmiths shall be supported for twenty years. Creek country west of the Mississippi. Article XIV. The Creek country west of the Mississippi shall be solemnly guarantied to the Creek Indians, nor shall any State or Territory ever have a right to pass laws for the government of such Indians, but they shall be allowed to govern themselves, so far as may be compatible with the general jurisdiction which Congress may think proper to exercise over them. And the United Stales will also defend them from the unjust hostilities of other Indians, and will also as soon as the boundaries of the Creek country West of the Mississippi are ascertained, cause a patent or grant to be executed to the Creek tribe; 1830, ch. 148.agreeably to the 3d section of the act of Congress of May 2d, [28,] 1830, entitled “An act to provide for an exchange of lands with the Indians residing in any of the States, or Territories, and for their removal West of the Mississippi.” Treaty obligatory when ratified. Article XV. This treaty shall be obligatory on the contracting parties, as soon as the same shall be ratified by the United States. In testimony whereof the said Lewis Cass, and the undersigned Chiefs of the said tribe have hereunto set their hands at the City of Washington, this 24th day of March, A. D. 1832. LEW: CASS. Opothleholo, Tuchebatcheehadgo, Efiematla, Tuchebatche Micco, Tomack Micco, William McGilvery, Benjamin Marshall. In the presence of Samuel Bell, William R. King, John Tipton, William Wilkins, C. C. Clay, J. Speight, Samuel W. Mardis, J. C. Isacks, John Crowell, I. A. Interpreters, Benjamin Marshall, Thomas Carr, John H. Brodnax. To the Indian names are subjoined marks. May 9, 1832 Treaty
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