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Code · STATUTES-AT-LARGE · Vol. 7 STAT. · Oct. 21, 1832 · Treaty

Treaty.

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7 Stat. 405 TREATY WITH THE MENOMINEE NATION. Oct. 21, 1832.Proclamation, March 13, 1833. Whereas articles of agreement between the United States of America, Preamble.and the Menominee Indians, were made and concluded at the city of Washington, on the eighth day of February A. D. one thousand eight hundred and thirty-one, by John H. Eaton, and Samuel C. Stambaugh, Commissioners on the part of the United States, and certain Chiefs and Headmen of the Menominee Nation, on the part of said nation; to which articles, an addition or supplemental article was afterwards made, on the seventeenth day of Februry in the same year, by which the said Menominee Nation agree to cede to the United States certain parts of their land; and that a tract of country therein defined shall be set apart for the New York Indians.
All which with the many other stipulations therein contained will more fully appear, by reference to the same. Which said agreements thus forming a *Treaty,* were laid before the Senate of the United States during their then session: but were not al said session acted on by that body. Whereupon a further agreement was on the fifteenth day of March, in the same year, entered into for the purpose of preserving the provisions of the treaty, made as aforesaid; by which it was stipulated that the said articles of agreement, concluded as aforesaid, should be laid before the next Senate of the United States, at their ensuing session; and if sanctioned and confirmed by them, that each and every article thereof should be as binding and obligatory upon the parties respectively, as if they had been sanctioned at the previous session. *And whereas* the Senate of the United States, by their resolution of the twenty-fifth day of June, one thousand eight hundred and thirty-two, did advise and consent to accept, ratify and confirm the same, and every clause and article thereof upon the *conditions* expressed in the proviso, contained in their said resolution: which proviso is as follows:
“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 Winnebago Lake, equal to 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 the improvements made on the lands now in the possession of the said 406tribes on the east side of the Fox river, which said lands arc 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 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 Brother-town 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 five hundred thousand acres, described in the first article of this treaty, and set apart fur 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 to 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.” And whereas, before the treaty aforesaid, *conditionally* ratified, according to the proviso to the resolution of the Senate, above recited, could be obligatory upon the said Menominee nation, their assent to the same must be had and obtained.
And whereas the honorable Lewis Cass, Secretary of the Department of War, by his letter of instructions of the eleventh day of September, A. D. 1832, did authorize and request George B. Porter, Governor of the Territory of Michigan, to proceed to Green Bay, and endeavor to procure the assent of the Menominees to the change proposed by the Senate, as above set forth; urging the necessity of directing his first efforts to an attempt to procure the unconditional assent of the Menominees to the said treaty, as ratified by the Senate.
But should he fail in this object that he would then endeavor to procure their assent to the best practicable terms, short of those proposed by the Senate; giving them to understand that he merely received such proposition as they might make, with a view to transmit it for the consideration of the President and Senate of the United States. And if this course became necessary that it would be very desirable that the New York Indians should also signify their acceptance of the modifications required by the Menominees.
And whereas, in pursuance of the said instructions the said George B. Porter proceeded to Green Bay and having assembled all the chiefs and headmen of the Menominee nation, in council, submitted to them, on the twenty-second day of October A. D. one thousand eight hundred and thirty-two, the said proviso annexed to the resolution aforesaid of the Senate of the United States, for the ratification of the said treaty: and advised and urged on them the propriety of giving their assent to the same.
And the said chiefs and headmen having taken time to de liberate and reflect on the proposition so submitted to them, and which they had been urged to assent to, did in the most positive and decided manner, refuse to give their assent to the same. (The many reasons 407assigned for this determination, by them, being reported in the journal of the said commissioner, which will be transmitted with this agreement.) And whereas after failing in the object last staled, the said George B.
Porter endeavored to procure the assent of the said chiefs and headmen of the Menominee nation to the best practicable terms short of those proposed by the Senate of the United States; and after much labor and pains, entreaty and persuasion, the said Menominees consented to the following, as the modifications which they would make; and which are reduced to writing, in the form of an agreement, as the best practicable terms which could be obtained from them, short of those proposed by the Senate of the United States, which they had previously positively refused to accede to.
And as the modifications so made and desired, have been acceded to by the New York Indians, with a request that the treaty thus modified might be ratified and approved by the President and the Senate of the United States, it is the anxious desire of the Menominees also, that the treaty, with these alterations may be Objects.ratified and approved without delay, that they may receive the benefits and advantage secured to them by the several stipulations of the said treaty, of which they have so long been deprived.
The following is the article of agreement made between the said George B. Porter, commissioner on the part of the United States, specially appointed as aforesaid, and the said Menominee nation, through their chiefs and headmen on the part of their nation. First. The said chiefs and headmen of the Menominee nation of Grant of land to the Stockbridge, Munseo and Brother-town Indians.Indians do not object to any of the matters contained in the proviso annexed to the resolution of the Senate of the United States, so far as the same relate to the granting of three townships of laud on the east side of Winnebago Lake, to the Stockbridge Munsee and Brolhertown tribes; to the valuation and payment for their improvements, &c.
(ending with the words *“and which lands are to be relinquished by said Indians.”)* They therefore assent to the same. Second. The said chiefs and headmen of the Menominee nation of Indians, objecting to all the matters contained in the said proviso annexed to the resolution of the Senate of the United States, so far as the same relate to the running of a new line parallel to the south-western boundary line or course of the tract of five hundred thousand acres, described in the first article of the treaty, and set apart for the New York Indians, to commence at a point on the southwestern side of 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 the Fox river, without including any of the confirmed private land claims, on the Fox river, to compose a part of the five hundred thousand acres intended to be set apart for the Six Nations of the New York Indians and St.
Regis tribe, *agree* in lieu of this proposition, to set off a like quantity of two hundred thousand acres as follows: The said Menominee nation hereby Cession of land for New York Indians.agree to cede for the benefit of the New York Indians along the south western boundary line of the present five hundred thousand acres described in the first article of the treaty as set apart for the New York Indians, a tract of land; bounded as follows. Beginning on the said Boundaries.treaty line, at the old mill dam on Fox river, and thence extending up along Fox river to the little *Rapid Croche:* from thence running a northwest course three miles; thence on a line running parallel with the several courses of Fox river, and three miles distant from the river, until it will intersect a line, running on a northwest course, commencing at a point one mile above the Grand Shute; thence on a line running northwest, so far as will be necessary to include, between the said last line and the line described as the southwestern boundary line of the 408five hundred thousand acres in the treaty aforesaid, the quantity of two hundred thousand acres; and thence running northcast until it will intersect the line, forming the southwestern boundary line aforesaid; and from thence along the said line to the old mill dam, or place of beginning, containing two hundred thousand acres.
Excepting and reserving Reservation.therefrom the *privilege,* of Charles A. Grignon, for erecting a mill on Apple creek, &c. as approved by the Department of War on the twenty-second day of April one thousand eight hundred and thirty-one and all confirmed private land claims on the Fox river. The lines of the said tract of land so granted to be run, marked and laid off without delay, by a commissioner to be appointed by the President of the United States. And that in exchange for the above, a quantity of land equal to that which is added to 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 run, marked and determined by the commissioner to be appointed by the President of the United States, as aforesaid, 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 of five hundred thousand acres. Treaty binding when ratified. Third. The said chiefs and headmen of the Menominee nation agree, that in case the said original treaty, made as aforesaid, and the supplemental articles thereto, be ratified and confirmed at the ensuing session of the Senate of the United States, with the modifications contained in this agreement, that each and every article thereof shall be as binding and obligatory upon the parties respectively, as if they had been sanctioned at the times originally agreed upon.
In consideration of the above voluntary sacrifices of their interest, made by the said Menominee nation, and as evidence of the good feeling of their great father, the President of the United States, the said George B. Porter commissioner as aforesaid, has delivered to the said chiefs, headmen, and the people of the said Menominee nation here Presents.assembled, presents in clothing to the amount of one thousand dollars: five hundred bushels of corn, ten barrels of pork, and ten barrels of flour, &c. &c.
In witness whereof, we have hereunto set our hands and seals, at the Agency House, at Green Bay, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and thirty-two. G. B. PORTER, *Commissioner on behalf of the U. S.* Kaush-kau-no-naive, Grizzly Bear, Osh-rosh, the Brave, (by his brother fully empowered to act.) Osh-ke-e-na-neur, the Young Man, A-ya-mah-ta, Fish Spawn, Pe-wait-enaw, Rain, Che-na-po-mee, One that is looked at, Ko-ma-ni-kin, Big Wave, Ke-shee-a-quo-teur, the Flying Cloud, Wain-e-saut, One who arranges the circle, Ke-shoh, the Sun (by his son, A-pa-ma-chao, Shifting Cloud,) Ma-concee-wa-be-no-chee, Bear’s Child, Wa-bose, the Rabbit, Shaw-e-no-ge-sliick, South Sky, Ac-ca-mut, the Prophet, Mas-ka-ma-gee, Sho-ne-on, Silver, Maw-baw-so, Pole Color, Paw-a-ko-neur, Big Soldier, (by his representative, Che-kaw-mah-kee-shen.
) Sealed and delivered, in the presence of, George Boyd, U.S. Indian Agent. Charles A. Grignon, Interpreter. Samuel Abbott. Joshua Boyer, Secretary. James M. Boyd. Richard Prickelt, Interpreter, Henry S. Baird. R. A. Forsyth, Paymaster U. S. A. B. B. Kercheval. Ebenezer Childs. To the Indian names are subjoined a mark and seal. Oct. 27, 1832 Appendix 7 Stat. 409 409 APPENDIX. Oct. 27, 1832.*To all to whom these presents shall route, the undersigned, Chiefs and Headmen of the sundry tribes of New York Indians, (as set forth in the specifications annexed to their signatures,) send greeting:* Whereas a tedious, perplexing and harassing dispute and controversy have long existed between the Menominee nation of Indians and the New York Indians, more particularly known as the Stockbridge, Munsee and Brothertown tribes, the Six Nations and St.
Regis tribe. The treaty made between the said Menominee nation, and the United States, and the conditional ratification thereof by the Senate of the United States, being stated and set forth in the within agreement, entered into between the chiefs and headmen of the said Menominees, and George B. Porter, Governor of Michigan, commissioner specially appointed, with instructions referred to in the said agreement. And whereas the undersigned are satisfied, and believe that the best efforts of the said commissioner were directed and used to procure, if practicable, the unconditional assent of the said Menominees to the change proposed by the Senate of the United States in the ratification of the said treaty: but without success.
And whereas the undersigned further believe that the terms stated in the within agreement are the best practicable terms, short of those proposed by the Senate of the United States, which could be obtained from the said Menominees; and being asked to signify our acceptance of the modifications proposed as aforesaid by the Menominees, we are compelled, by a sense of duty and propriety to say that we do hereby accept of the same. So far as the tribes to which we belong are concerned, we are perfectly satisfied, that the treaty should be ratified on the terms proposed by the Menominees.
We further believe that the tract of land which the Menominees in the within agreement, are willing to cede, in exchange for an equal quantity on the northeast side of the tract of five hundred thousand acres, contains a sufficient quantity of good land, favorably and advantageously situated, to answer all the wants of the New York Indians, and St. Regis tribe. For the Acceptance, on the part of the tribes interested, of the modifications proposed by the Menomonies.purpose, then, of putting an end to strife, and that we may all sit down in peace and harmony, we thus signify our acceptance of the modifications proposed by the Menominees: and we most respectfully request that the treaty as now modified by the agreement this day entered into with the Menominees, may be ratified and approved by the President and Senate of the United States.
In witness whereof, we have hereunto set our hands and seals, at the Agency House at Green Bay, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and thirty-two. G. B. PORTER, *Commissioner on behalf of the U. S.* *For and on behalf of the Stockbridges and Munsees.* John Metoxen, John W. Quinny, Austin Quinny, Jacob Chicks, Robert Konkopa, Thos. J. Hendrick, Benjamin Palmer, Sampson Medyard, Capt. Porter, *For, and on behalf of the Brothertowns.* William Dick, Daniel Dick, Elcanah Dick. *For, and on behalf of the Six Nations and St.
Regis tribe.* Daniel Bread, John Anthony Brant, Henry Powles, Nathaniel Neddy, Cornelius Stevens, Thomas Neddy. 410 TREATY WITH THE PIANKESHAWS AND WEAS. 1832. Scaled, and delivered, in the presence of George Boyd, U. S. Indian Agent. R. A. Forsyth, Paymaster U. S. A. Charles A. Grignon, Interpreter. Samuel Abbott, Joshua Boyer, Secretary. B. B. Kercheval. Eben. Childs, Henry S. Baird. Peter B. Grignon. Hanson Johnson. James M. Boyd. Richard Pricket, Interpreter. To the Indian names are subjoined marks.
Oct. 29, 1832 Treaty 7 Stat. 410 ARTICLES OF A TREATY Oct. 29, 1832.Proclamation, Feb. 12, 1833.*Made and concluded at Castor Hill in the county of St. Louis and Stale of Missouri, between William Clark, Frank J. Allen, and Nathan Kouns, Commissioners on the part of the United States, of the one part, and the undersigned Chiefs, Warriors and Counsellors, of the Piankeshaw and Wea tribes of Indians, in behalf of their said tribes, of the other part.* Cession io U. S., &c. Article I.
The undersigned Chiefs, Warriors, and considerate men, for themselves and their said tribes, for and in consideration of the stipulations hereinafter made, do hereby cede and relinquish to the United States forever, all their right, title and interest to and in lands within the States of Missouri and Illinois—hereby confirming all treaties heretofore made between their respective tribes and the United States, and relinquishing to them all claim to every portion of their lands which may have been ceded by any portion of their said tribes.
Cession by U. S. Article II. The United States cede to the Piankeshaw and Wea tribes, for their permanent residence, two hundred and fifty sections of land within the limits of the survey of the lands set apart for the Piankeshaws, Weas, and Peorias,—bounded east by the western boundary line of the State of Missouri for fifteen miles; north, by the southern boundary of the lands assigned to the Shawanoes; west by lands assigned to the Peorias and Kaskaskias, and south by the southern line of the original tract surveyed for the Piankcshaws, Weas and Peorias,—said tract being intended to include the present villages of the said Piankeshaws and Weas.
Payments to Piankeshaws. Article III. As a full equivalent to the said Piankeshaw tribe for their claim for salt annuities, for improvements on the lands they moved from within the State of Missouri, and for horses lost when moving, the United States agree to pay them after the ratification of this treaty, cattle, hogs, and such farming utensils as may be required by said tribe on their laud, to the amount of five hundred dollars annually, for five years;—the sum of seven hundred and fifty dollars wifi also be expended in assistance to said tribe in agriculture, and improvements on the land hereby ceded to them, together with the sum of two hundred dollars in merchandize and cash paid at the signing of this treaty, the receipt whereof is hereby acknowledged by said tribe.
Payments to Weas. Article IV. As a full equivalent to the Wea tribe, for the improvements made by them on the lands of the United States which they removed from,—for horses lost in consequence of such removal, and for all other claims which they have preferred, the United States agree to pay them after the ratification of this treaty, cattle, bogs, and farming utensils on their land to the amount of five hundred dollars, together with two hundred dollars this day paid them in cash and merchandize, the receipt of which is hereby acknowledged.
The United States will also afford some assistance to that part of the Wea tribe now residing TREATY WITH THE SENECAS AND SHAWNEES. 1832.411in the State of Indiana, to enable them to join the rest of their tribe on the lands hereby assigned them, and will also furnish said portion of the tribe with provisions for one year after their arrival. Article V. The United States will also support a blacksmith’s shop Blacksmith’s shop.for five years at a convenient place between the lands hereby ceded the said Piankeshaws and Weas, and the lands assigned to the Kaskaskias and Peorias; which shop is to be for the benefit of the said tribes of Piankeshaws, Weas, Peorias, and Kaskaskias, in common.
Article VI. This treaty to be obligatory on the contracting parties, Treaty binding when ratified.when ratified by the President and Senate of the United States. Done at Castor Hill in the county of St. Louis in the State of Missouri, this twenty-ninth day of October, in the year of our Lord, eighteen hundred and thirty-two, and of the Independence of the United States the fifty-seventh. WM. CLARK, FRANK J. ALLEN, NATHAN KOUNS. *Weas.* Wa-pon-ke-ah, Swan, Shin-ga-rea, Diving Duck, Go-te-goh-pa, Stands by himself. *Piankeshaws.* Mah-son-shau, Thunder, Nah-he-comma, To do right.
Signed in presence of Jas. Kennedy, Secretary. A. Shane, U. S. Interpreter. Jacques Mette, U. S. Interpreter. Jesse Elder. Joseph Guion. Baptiste Peoria, Interpreter. Pierre Menard. William Radford, U. S. Navy. G. S. Rousseau, U. S. A. Meriwether Lewis Clark, Lieut. 6th Inf’y. To the Indian names are subjoined marks. Dec. 29, 1832 Agreement 7 Stat. 411 ARTICLES OF AGREEMENT, Dec. 29, 1832.Proclamation, March 22, 1833.*Made and concluded at the Seneca agency, on the head waters of the Cowskin river, this 29th day of December, in the year of our Lord one thousand eight hundred and thirty-two, by and between Henry L.
Ellsworth and John F. Schermerhorn, Commissioners, on behalf of the United Slates, and the Chiefs and Head men of the “United Nation” of the Senecas and Shawnee Indians, on behalf of said Tribe or Nation.* Whereas certain articles of agreement and convention were concluded Preamble. Ante, p. 351.at Lewistown, Ohio, on the 20th day of July, A. D. 1831, by and between the United States and the Chiefs and Warriors of the mixed band of the Senecas and Shawnee Indians, residing at or near Lewistown, in the State of Ohio:
And whereas, by the 2nd article of said agreement, the United States stipulated and agreed, with said Tribe, in the words following, to wit: “to *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 Ante, p. 348.made with them at 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 412of 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 passway between the before-mentioned Tribes, to prevent them from intruding upon the lands of each other.
” And the treaty aforesaid was ratified and confirmed by the President and Senate of the United States, on the 6th day of April, A. D. 1832. And whereas, the said mixed Band of Senecas and Shawnees removed from their homes-in Ohio to settle upon the lands assigned them west of the Mississippi, in pursuance of the provisions and stipulations of the treaty aforesaid: And whereas, the said Senecas from San dusky, and the mixed Band of Senecas and Shawnees, have lately formed a confederacy, and have expressed their anxiety to unite as one Tribe or Nation, to be called the “United Nation of Senecas and Shawnees,” to occupy their land as tenants in common—and have the whole of the country provided for them by the United States located on the east side of Ne-o-sho or Grand river, which runs through and now divides the same:
For the purpose of affording a more convenient and satisfactory location to said United Nation, the parties aforesaid do, therefore, hereby stipulate and agree as follows: Cession lo the U. S. Article I. The United Tribe of Senecas and Shawnee Indians do hereby cede, relinquish and forever quit claim to the United States, all the land granted to them on the west side of Ne-o-sho or Grand river, by treaties made respectively with the Senecas of Sandusky and the Ante, p. 351. Ante, p. 313.mixed Band of Senecas and Shawnees of Lewistown, Ohio, on the 20th day of July, 1831, and on the 28th day of February, 1831.
Grant to Indians. Article II. In consideration of said lands, described and ceded as aforesaid, the United States will grant, by letters patent, to the Tribe or Nation of Indians aforesaid, in manner as hereinafter mentioned, the following tract of land lying on the east side of Ne-o-sho or Grand river, viz: bounded on the east by the west line of the State of Mis souri; south by the present established line of the Cherokee Indians; west by Ne-o-sho or Grand river; and north by a line running parallel with said south line, and extending so far from the present north line of the Seneca Indians from Sandusky, as to contain sixty thousand acres, exclusive of the land now owned by said Seneca Indians, which said boundaries include, however, all the land heretofore granted said Senecas of Sandusky, on the east side of Grand river.
And the United States will grant said tract of land, by two letters patent; the north half, in quantity, to be granted to the mixed band of the Senecas and Shawnees of Ohio, and the south half to the Senecas from Sandusky, aforesaid: the whole to be occupied in common, so long as the said Tribes or Bands shall desire the same. The said patents shall be granted in fee simple; but the lands shall not be sold or ceded without the consent of the United States. Grist and sawmill, &c.
Article III. The United States, at the request of said “United Nation,” agree to erect immediately a grist mill, a sawmill and a black smith shop, and furnish the necessary tools and machinery in anticipation of a re-imbursement from sales of land, ceded to the United States, Ante, pp. 343 & 351.by the treaties aforesaid, of 28th of February, 1831, and July, 20th 1831, and so far in fulfilment of the same. Claims against the U. S. Article IV. The United Nation of Seneca and Shawnees having presented a claim for money advanced by them for forage while removing to their new homes in the west, and for horses and other property lost on the journey, the United States, in order to a final settle ment of such claim, agree to pay one thousand dollars, as follows, viz:—six hundred dollars to the Seneca tribe of Indians from Sandusky; and the sum of four hundred dollars to the Senecas and Shawnees from 413Lewistown, Ohio, to be distributed by their respective tribes among the claimants, as they may deem just and equitable; and to be received by them in full payment and satisfaction of all the claims aforesaid.
Article V. Nothing in these articles of agreement shall be construed Rights under existing treaties.to affect the respective rights of the Seneca tribe of Indians from Sandusky, and the Senecas and Shawnees from Lewistown, Ohio, as secured by existing treaties, except so far as said treaties are inconsistent with the provisions of the articles aforesaid. Article VI. This agreement or treaty shall be binding and obligatory Treaty binding when ratified.upon the contracting parties from and after its ratification by the President and Senate of the United States.
In testimony whereof the said Henry L. Ellsworth and John F. Schermerhorn, Commissioners, and the Chiefs and Headmen of the United Nation of Seneca and Shawnee Indians, have hereunto signed their names and affixed their seals, on the day and year above written. HENRY L. ELLSWORTH, JOHN F. SCHERMERHORN. *Sencca Chiefs.* Comstick, (first Chief Seneca nation,) Seneca Steel, Small Cloud Spicer, George Curly Hair, Tall Chief, Captain Good Hunter, Hard Hickory, Wiping Stick, Seneca John, John Johnson, John Sky, Isaac White, Joseph Smith, Captain Smith. *Chiefs of Mixed Band.* Me-the-mea or Civil John, (first Chief Senccas and Shawnees) Pe-wy-a-che, Skilleway or Robbin, John Jackson, Quash-acaugh or Little Lewis, To-ta-la or John Young, Mingo Carpenter, Jemmy McDaniel, Civil John’s Son, Yankee Bill, Big Ash, Civil John’s Young Son.
Signed, sealed and delivered in the presence of us: S. C. Stambaugh, Sec’y to Commis’rs. St. John F. Sane, Dis. Agent. Augt. A. Chouteau. Wm. Young. George Herron, Seneca Interpreter. Baptiste Peora, Shawnee Interpreter. To the Indian names are subjoined a mark and seal. Feb. 14, 1833 Agreement 7 Stat. 414 ARTICLES OF AGREEMENT AND CONVENTION Feb. 14, 1833.Proclamation, April 12, 1834.*Made and concluded at Fort Gibson, on the Arkansas river on the fourteenth day of February one thousand eight hundred and thirty-three, by and between Montfort Stokes, Henry L.
Ellsworth and John F. Schermerhorn duly appointed Commissioners on the part 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.* Preamble. Ante, p. 311.Whereas articles of convention were concluded at the city of Washington, on the sixth day of May one thousand eight hundred and twenty eight, between James Barbour Secretary of War, being specially authorized therefor by the President of the United States, and the chiefs and head men of the Cheerokee nation of Indians west of the Mississippi, which articles of convention were duly ratified.
And whereas it was agreed by the second article of said convention as follows “That the United States agree to possess the Cheerokees, and to guarantee it to them forever, and that guarantee is solemnly pledged, of seven millions of acres of land, said land to be bounded as follows; viz, commencing at a point on Arkansas river, where the eastern Choctaw boundary line strikes said river, and running thence with the western line of Arkansas Territory to the southwest 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 northwest corner of Arkansas Territory, thence continuing due south on and with the present boundary line on the west of said Territory, to the main branch of Arkansas river, thence down said river to its junction with the Canadian, and thence up, and between 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, 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 all 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. And whereas there was to said articles of convention and agreement, the following proviso viz. “Provided nevertheless, that said convention, shall not be so construed, as to extend the northern boundary of said perpetual outlet west, provided for and guarantied 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 emigrate, from the States of Georgia and Alabama, under the provision of any treaty, or treaties, heretofore concluded, between the United States, and the Creek tribe of Indians—and provided further, that nothing in said convention, shall be construed, to cede, or assign, to the Cheerokees 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.”—And whereas, it appears from the Creek treaty, made with the United States, by the Creek nation, dated twenty-fourth day of January eighteen hundred and twenty-six, at the city of Washington; 414 TREATY WITH THE CHEROKEES. 1833.415that they had the right to select, and did select, a part of the country described within the boundaries mentioned above in said Cherokee articles of agreement—and whereas, both the Cheerokee and Creek nations of Indians west of the Mississippi, anxious to have their boundaries settled in an amicable manner, have met each other in council, and, after full deliberation mutually agreed upon the boundary lines be-tween them—Now therefore, the United States on one part, and the chiefs and head-men of the Cherokee nation of Indians west of the Mississippi on the other part, agree as follows:
Article I. The United States agree to possess the Cheerokees, and Land granted lo Cherokees.to guarrantee it to them forever, and that guarrantee, is hereby pledged, of seven millions of acress of land, to be bounded as follows viz: Beginning at a point on the old western territorial line of Arkansas Territory, being twenty-five miles north from the point, where the Territorial line crosses Arkansas river—thence running from said north point, south, on the said Territorial line, to the place where said Territorial line crosses the Verdigris river—thence down said Verdigris river, to the Arkansas river—thence down said Arkansas to a point, where a stone is placed opposite to the east or lower bank of Grand river at its junction with the Arkansas—thence running south, forty-four degrees west, one mile—thence in a straight line to a point four miles northerly from the mouth of the north fork of the Canadian—thence along the said four miles line to the Canadian—thence down the Canadian to the Arkansas—thence, down the Arkansas, to that point on the Arkansas, where the eastern Choctaw boundary strikes, said river; and running thence with the western line of Arkansas Territory as now defined, to the southwest corner of Missouri—thence along the western Missouri line, to the land assigned the Senecas; thence, on the south line of the Senecas to Grand river; thence, up said Grand river, as far as the south line of the Osage reservation, extended if necessary—thence up and between said south Osage line, extended west if necessary and a line drawn due west, from the point of beginning, to a certain distance west, at which, a line running north and south, from said Osage line, to said due west line, will make seven millions of acres within the whole described boundaries.
In addition to the seven millions Further guaranty.of acres of land, thus provided for, and bounded, the United States, further guarrantee to the Cheerokee nation, a perpetual outlet west and a free and unmolested use of all the country lying west, of the western boundary of said seven millions of acres, as far west as the sovereignty of the United States and their right of soil extend—Provided however, that if the saline, or salt plain, on the great western prairie, shall fall within said limits prescribed for said outlet, the right is reserved to the United States to permit other tribes of red men, to get salt on said plain in common with the Cheerokees—and letters patent shall be issued by the United States as soon as practicable for the land hereby guaranteed.
Article II. The Cherokee nation hereby relinquish and quit claim Quit-claim to the U. S. of former grant. Ante, p. 311.to the United States all the right interest and title which the Cheerokees have, or claim to have in and to all the land ceded, or claimed to have been ceded to said Cheerokee nation by said treaty of sixth of May one thousand eight hundred and twenty-eight, and not embraced within the limits or boundaries fixed in this present supplementary treaty or articles of convention and agreement.
Article III. The Cherokee nation, having particularly requested Sixth article of treaty of May 6, 1828, annulled. Ante, p. 313.the United States to annul and cancel the sixth article of said treaty of sixth May, one thousand eight hundred and twenty-eight, the United States, agree to cancel the same, and the same is hereby annulled—Said sixth article referred to, is in the following words—“It is moreover 416agreed by the United States, when the Cheerokees may desire it, to give them a plain set of 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 survey them at the expense of the United States.
Blacksmiths and other workmen, materials and shops. Article IV. In consideration of the establishment of new boundaries in part, for the lands ceded to said Cheerokee nation, and in view of the improvement of said nation, the United States will cause to be erected, on land now guaranteed to the said nation, four blacksmith shops, one wagon maker shop, one wheelwright shop, and necessary tools and implements furnished for the same; together with one ton of iron, and two hundred and fifty pounds of steel, for each of said blacksmith shops, to be worked up, for the benefit of the poorer class of red men, belonging to the Cherokee nation—And the United States, will employ four blacksmiths, one wagon-maker, and one wheelwright, to work in said shops respectively, for the benefit of said Cheerokee nation; and said materials shall be furnished annually, and said services continued, so long as the President may deem proper—And said United States, will cause to be erected on said lands, for the benefit of said Cheerokees, eight patent railway corn mills, in lieu of the mills to be erected according to the stipulation of the fourth article of said treaty, of sixth of May, one thousand eight hundred twenty-eight, from the avails of the sale of the old agency.
This supplementary to a former treaty. Ante, p. 311. Article V. These articles of agreement and convention are to be considered supplementary, to the treaty before mentioned between the United States, and the Cheerokee nation west of the Mississippi dated sixth of May one thousand eight hundred and twenty-eight, and not to vary the rights of the parties to said treaty, any further, than said treaty is inconsistent with the provisions of this treaty, now concluded, or these articles of convention and agreement.
One mile square for the agency. Article VI. It is further agreed by the Cheerokee nation, that one mile square shall be reserved and set apart from the lands hereby guaranteed, for the accommodation of the Cheerokee agency; and the location of the same shall be designated by the Cheerokee nation, in conjunction with the agent of the Government of the United States. Treaty binding when ratified. Article VII. This treaty, or articles of convention, after the same have been ratified, by the President and Senate shall be obligatory on the United States and said Cheerokee nation.
In testimony whereof, the said Montfort Stokes, Henry L. Ellsworth and John F. Schermerhorn, commissioners as aforesaid, and the chiefs and head-men of the Cheerokee nation aforesaid have hereunto set their hands, at Fort Gibson on the Arkansas river, on the 14th day of February one thousand eight hundred and thirty-three. MONTFORT STOKES, HENRY L. ELLSWORTH, J. F. SCHERMERHORN. John Jolly, Black Goat, Waller Weller, *Principal Chiefs.* John Bogers, Pres’t Com. Glass, Pres’t Council.
Signed, sealed and delivered in our presence: S. C. Staumbaugh, Sect’y Commrs. M. Arbuckle, Colo. 7th Infy. Geo. Vashon, Agt Chers. west. Jno. Campbell, Agt Creeks. Wilson Nesbitt. Peter A. Carns. N. Young, Major U. S. Army. W. Seawell, Lieut. 7th Infy. Wm. Thornton, Clk Committee. Charles Webber, Clk Council. Alexander Brown, Jno. Hambly, Interpreters. To the Indian names are subjoined marks. Feb. 14, 1833 Agreement 7 Stat. 417 ARTICLES OF AGREEMENT AND CONVENTION, Feb. 14, 1833.Proclamation, April 12, 1834.*Made and concluded at Fort Gibson, between Montfort Stokes, Henry L.
Ellsworth and John F. Schermerhorn, Commissioners on the part of the United States, and the undersigned Chiefs and Head-men of the Muskogee or Creek nation of Indians, this* 14*th day of February, A. D.* 1833. Whereas, certain articles of a treaty were concluded at the City of Preamble. Ante, p. 286.Washington, on the 24th day of January one thousand eight hundred and twenty-six, by and between James Barbour, Secretary of War, on behalf of the United States, and the Chiefs and head-men of the Creek nation of Indians; by which it is agreed that the said Indians shall remove to a country west of the Mississippi river: and whereas the sixth article of said treaty provides as follows:—“that a deputation of five persons shall be sent by them, (the Creek nation) at the expense of the United States, immediately after the ratification of the treaty, to examine the country west of the Mississippi, not within the limits of the States or Territories, and not possessed by the Choctaws or CherokBes.
And the United States agree to purchase for them, if the same can conveniently be 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 Presiden may think proper, just reference being had to the wishes of the emigrating party.” And whereas, the Creek Indians aforesaid, did send five persons as delegates, to explore the country pointed out to them by their treaty; which delegates selected a country west of the Territory of Arkansas, lying and being along and between the Verdigris, Arkansas, and Canadian rivers: and, to the country thus selected, a party of the Creek Indians emigrated the following year.
And whereas certain articles of treaty or convention, were concluded at the city of Washington on the 6th day of May, A. D. one thousand eight hundred and Ante, p. 311.twenty-eight, by and between James Barbour Secretary of War, on behalf of the United States, and certain chiefs and head-men of the Cherokee nation of Indians; by the second article of which convention, a country was assigned to the Cherokee Indians aforesaid, including within its boundaries some of the lands previously selected and claimed by the Creek Indians, under their treaty aforesaid.
And whereas, the President and Senate of the United States, for the purpose of protecting the rights secured to the Creek Indians, by their treaty stipulations, and with a view to prevent collision and misunderstanding between the two nations, ratified and confirmed the Cherokee treaty, on the 28th day of May, 1828, with the following proviso: viz.—“*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 guarranteed in the second article of said convention, north of the 36th deg. 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 emigrate 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 417 418TREATY WITH THE CREEKS. 1833.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.” And whereas the said proviso and ratification of the Cherokee treaty, was accepted by the delegates of the nation, then at the City of Washington as satisfactory to them, as is shown in and by their certain instrument in writing, bearing date the Ante, p. 315.Difficulties subsequent to former treaty. 31st day of May 1828, appended to and published with their treaty aforesaid.
But, afterwards, the Cherokees of Arkansas and many of those residing east of the Mississippi at the time that treaty was concluded, removed to the country described in the second article of their treaty and settled upon a certain portion of the land claimed by the Creek Indians under their treaty provisions and stipulations. And whereas difficulties and dissensions thus arose between the Cherokees and Creek tribes about their boundary lines, which occasioned an appeal to the President of the United States for his interposition, and final settlement of the question, which they were uuable to settle between themselves.
And whereas the commissioners of the United States, whose names are signed hereto, in pursuance of the power and authority vested in them by the President of the United States, met the chiefs and bead-men of the Cherokee and Creek nations of Indians, in council, on the 29th ultimo; and after a full and patient hearing and careful examination of all the claims, set up and brought forward by both the contending parties, they have this day effected an adjustment of all their difficulties, and have succeeded in defining and establishing boundary lines to their country west of the Mississippi, which have been acknowledged, in open council, this day, to be mutually satisfactory to both nations.
Objects. Now, therefore, for the purpose of securing the great objects contemplated by an amicable settlement of the difficulties heretofore existing between the Cherokee and Muskogee or Creek Indians, so injurious to both parties; and in order to establish boundary lines which will secure a country and permanent home to the whole Creek nation of Indians, including the Seminole nation who are anxious to join them, the under-signed commissioners, duly authorized to act on behalf of the United States, and the chiefs and head-men of the said Muskogee or Creek Indians, having full power and authority to act for their people west of the Mississippi, hereby agree to the following articles:
Peace and friendship. Art. I. The Muskogee or Creek nation of Indians, west of the Mississippi declare themselves to be the friends and allies of the United States, under whose parental care and protection they desire to continue: and that they are anxious to live in peace and friendship not only with their near neighbors and brothers, the Cherokees, but with all the surrounding tribes of Indians. Bounds of the grants to the Greeks. Art. II. The United States hereby agree, by and with the consent of the Creek and Cherokee delegates, this day obtained, that the Muskogee or Creek country west of the Mississippi, shall be embraced within the following boundaries, viz:—Beginning at the mouth of the north fork of the Canadian river, and run northerly four miles—thence running a straight line so as to meet a line drawn from the south bank of the Arkansas river opposite to the east or lower bank of Grand river, at its junction with the Arkansas, and which runs a course south, 44 deg. west, one mile, to a post placed in the ground—thence along said line to the Arkansas, and up the same and the Verdigris river, to where the old territorial line crosses it—thence along said line north to a point twenty-five miles from the Arkansas river where the old territorial line crosses the same—thence running a line at right angles with the territorial line aforesaid, or west, to the Mexico line—thence along the said line southerly to the Canadian river or to the boundary of the Choctaw 419country—thence down said river to the place of beginning.
The lines, hereby defining the country of the Muskogee Indians on the north and cast, bound the country of the Cherokees along these courses, as settled by the treaty concluded this day between the United States and that tribe. Art. III. The United States will grant a patent, in fee simple, to the U. S. will convey in fee simple.Creek nation of Indians for the land assigned said nation by this treaty or convention, whenever the same shall have been ratified by the President and Senate of the United States—and the right thus guarranteed by the United States shall be continued to said tribe of Indians, so long as they shall exist as a nation, and continue to occupy the country hereby assigned them.
Art. IV. It is hereby mutually understood and agreed between the The whole Creek nation and the Seminoles interested.parties to this treaty, that the land assigned to the Muskogee Indians, by the second article thereof, shall be taken and considered the property of the whole Muskogee or Creek nation, as well of those now residing upon the land, as the great body of said nation who still remain on the east side of the Mississippi: and it is also understood and agreed that the Seminole Indians of Florida, whose removal to this country is provided for by their treaty with the U.
S. dated May 9th, 1832, shall also Ante, p. 368.have a permanent and comfortable home on the lands hereby set apart as the country of the Creek nation: and they (the Seminoles) will here after be considered a constituent part of said nation, but are to be located on some part of the Creek country by themselves—which location will be selected for them by the commissioners who have signed these articles of agreement or convention. Art. 5. As an evidence of the kind feeling of the United States Additional blacksmith, &c. to be furnished by U.
S.towards the Muskogee Indians, and as a testimonial of the [their] gratification with the present amicable and satisfactory adjustment of their difficulties with the Cherokees, experienced by the commissioners, they agree on behalf of the United States, to furnish to the Creek Indians west of the Mississippi, one blacksmith and one wheelwright or wagonmaker, as soon as they may be required by the nation, in addition to those already employed—also, to erect shops and furnish tools for the same, and supply the smith shops with one ton of iron and two hundred and fifty pounds of steel each; and allow the said Creek Indians, annually, for education purposes, the sum of one thousand dollars, to be expended under the direction of the President of the United States—the whole of the above grants to be continued so long as the President may consider them conducive to the interest and welfare of the Creek Indians:
And the United Stales will also cause to be erected, as soon as conveniently can be done, four patent rail way mills, for grinding corn; and will immediately purchase for them twenty-four cross-cut saws. It being distinctly understood, however, that the grants thus made to the Creek Indians, by this article, are intended solely for the use and benefit of that portion of the Creek nation, who are now settled west of the Mississippi. Art. VI. The United States agree that the improvements which the Improvements left to be paid for.Creek Indians may be required to leave, in consequence of the boundary lines this day settled between their people and the Cherokees, shall be valued with as little delay as possible, and a fair and reasonable price paid for the same by the United States.
Art. VII. It is hereby agreed by the Creek nation, parties hereto, Friendly Indians may use the salt plainsthat if the saline or salt plains on the great western prairies, should come within the boundaries defined by this agreement, as the country of the Creek nation, then, and in that case the President of the United States, shall have the power to permit all other friendly Indian tribes to 420TREATY WITH THE OTTAWAS. 1833.visit said salt plains and procure thereon and carry away salt sufficient for their subsistence, without hindrance or molestation from the said Creek Indians.
The land granted in lieu of former grant. Art. VIII. It is agreed by the parties to this convention, that the country hereby provided for the Creek Indians, shall be taken in lieu of and considered to be the country provided or intended to be provided, by the treaty made between the United States and the Creek Ante, p. 286.nation on the 24th day of January, 1826, under which they removed to this country. Treaty binding when ratified. Art. IX. This agreement shall be binding and obligatory upon the contracting parties, as soon as the same shall be ratified and confirmed by the President and Senate of the United States.
Done in open council, at Fort Gibson, this 14th day of February, A. D. one thousand eight hundred and thirty-three. MONTFORT STOKES, HENRY L. ELLSWORTH, J. F. SCHERMERHORN. *Chiefs of Creek nation.* Roly McIntosh, Fuss hatchie Micoe, Benj. Perryman, Hospottock Harjoe, Cowo-coogce Maltha, Holthimotty Tustonnucky, Toatkah Haussie, Istauchoggo Harjoe, Chocoatie Tustonnucky. Signed, sealed and delivered in our presence: S. C. Stambaugh, Secty to Comms. M. Arbuckle, Colo. 7th Infy.
Jno. Campbell, Agt. Creeks. Geo. Vashon, Agt. Chers. west. N. Young, Major U. S. Army. Wilson Nesbitt. W. Seawell, Lieut. 7th Infy. Peter A. Carns, Jno. Hambly, Interpreter. Alex. Brown, Cher. Interpr. To the Indian names are subjoined a mark and seal. Feb. 18, 1833 Treaty 7 Stat. 420 ARTICLES OF A TREATY Feb. 18, 1833.Proclamation, March 22, 1833.*Made at Maumee in the State of Ohio, on the eighteenth day of February in the year of our Lord one thousand eight hundred and thirty-three, between George B.
Porter, Commissioner on the part of the United States, of the one part; and the undersigned Chiefs and Head men of the Band of Ottawa Indians, residing on the Indian Reserves, on the Miami of Lake Erie, and in the vicinity thereof, representing the whole of said band, of the other part:* Preamble.Whereas, by the twentieth article of the treaty concluded at the foot of the Rapids of the Miami of Lake Erie, on the twenty-ninth day of September A. D. 1817, it is provided as follows:
“The United States also agree to grant, by patent, to the Chiefs of the Ottawa tribe of Indians for the use of the said tribe, a tract of land, to contain thirty-four square miles, to be laid out as nearly in a square form as practicable, not interfering with the lines of the tracts reserved by the treaty of Greenville, on the south side of the Miami River of Lake Erie, and to include Tush-que-gan, or McCarty’s village; which tracts, thus granted, shall be held by the said tribe, upon the usual conditions of Indian reservations, as though no patent were issued.
” And whereas 421by the sixth article of the treaty concluded at Detroit, on the seventeenth Objects. Ante, p. 105.day of November A. D. 1807, it is provided, for the accommodation of the Indians named in the treaty, that certain tracts of land, within the cession then made, should be reserved to the said Indian nations, among which is a reservation described as follows Four miles square on the Miami Bay, including the villages where Meskeman and Waugan now live,” which reservation was expressly made for the Ottawa tribe.
By virtue of which stipulations and reservations the said Band of Ottawas are now in the occupancy and enjoyment of the two tracts of land therein described;—and for the consideration hereinafter stated, have agreed to cede the same to the United States; and bind themselves to each and all of the articles, and conditions which follow: Article I. The said Ottawa Band cede to the United States all their Cession to the United States.land on each or either side of the Miami River of Lake Erie, or on the Miami Bay, being all the lands mentioned or intended to be included in the two reservations aforesaid, or to which they have any claim.
No claims to be made for improvements. Article II. It is agreed that out of the lands hereby ceded, the following Reservations.reservations shall be made: and that patents for each tract shall be granted by the United States to the individuals respectively and their heirs for the quantity hereby assigned to each, that is to say:—A tract of fifteen hundred and twenty acres shall be laid off at the mouth of the River, on the south side thereof, and to be so surveyed as to accommodate the following persons, for whose use respectively, each tract hereinafter described is reserved, viz: three hundred and twenty acres for Au-to-kee, a Chief, at the mouth of the river, to include Presque Isle:—eight hundred acres for Jacques, Robert, Peter, Antoine, Francis and Alexis Navarre, to include their present improvements:—one hundred and sixty acres for Wa-say-on, the son of Tush-qua-guan, to include his father’s old cabin:—the remaining two hundred and forty acres to be set off in the rear of these two sections:—eighty acres thereof for Pe-tau, and if practicable to include her cabin and field:—eighty acres more thereof for Che-no, a Chief, above, or higher up the little creek, and the other eighty acres thereof, for Joseph Le Cavalier Ranjard, in trust for himself, and the legal representatives of Albert Ranjard, deceased.
Also, the following tracts on the north side of said river:—one hundred and sixty acres for Wau-sa-on-o-quet, a Chief, to include the improvement where he now lives on Pike creek, and to front on the Bay:—eighty acres for Leon Guoin and his children, ad joining the last and on the south side thereof:—one hundred and sixty acres for Aush-cush and Ke-tuck-kee, Chiefs, to be laid off on the north side of Ottawa creek, fronting on the same, and above the place where the said Aush-cush now lives.
One hundred and sixty acres for Robert A. Forsyth of Maumee, to be laid off on each side of the turnpike road where half-way creek crosses the same: and one hundred and sixty acres, fronting on the Maumee River, to include the place where Ke-ne-wau-ba formerly resided:—one hundred and sixty acres for John E. Hunt, fronting on the said river, immediately above and adjoining the last; and also one hundred and sixty acres, to adjoin the former tract, on the turnpike road. The said tracts to be surveyed and set off, under Surveys.the direction of the President of the United States.
The said Au-to-kee, Wa-say-on, Pe-tau-che-no, Wau-sa-on-o-quet, Aush-cush, and Ke-tuck-kee, being Indians, the lands hereby reserved for them, are not to be alienated without the approbation of the President of the United States. The said Leon Guoin has resided, for a long time among these Indians;—has subsisted them when they would otherwise have suffered, and they are greatly attached to him. They request that the grant be 422to him and his present wife, during their joint lives, and the life of the survivor, and to their children in fee.
The said Jacques, Robert, Peter, Antoine, Francis and Alexis Navarre have long resided among these Indians—intermarried with them, and been valuable friends. The said Albert Ranjard, deceased, had purchased land of them previous to the late war, upon which, before he died, he had paid them three hundred dollars, for which his family have never received any equivalent. The reservations to the said Robert A. Forsyth and John E. Hunt, being at the especial request of the said band, in consideration of their long residence among them, and the many acts of kindness they have extended to them.
Consideration. Article III. In consideration of which it is agreed that the United States shall pay to the said band of Indians the sum of twenty-nine thousand four hundred and forty dollars, to be, by direction of the said band, applied in extinguishment of their debts, in maimer following: that is to say, to John Hollister and Company, seven thousand three hundred and sixty-five dollars, which includes other claims, directed by the said Indians to be by him paid, amounting to thirteen hundred and ninety-five dollars, as per schedule A. herewith:—To John E.
Hunt, nine thousand nine hundred and twenty-nine dollars, which includes other claims, directed by the said Indians to be by him paid, amounting to two thousand six hundred and seventy-five dollars, and sixty-three cents, as per schedule B. herewith:—To Robert A. Forsyth of Maumee, ten thousand eight hundred and ninety dollars, which includes other claims directed by the said Indians to be by him paid, amounting to four thousand four hundred and ten dollars, as per schedule C. here with.—To Louis Beaufit seven hundred dollars.
To Pierre Menard four hundred dollars. To John King, one hundred dollars. To Louis King fifty-six dollars.(*a*) (*a*) These Schedules are not on file at Washington. Removal of Indians from lands ceded. Within six months after payment by the United States, of the said consideration money the said Indians agree to remove from all the lands herein ceded. And it is expressly understood that in the meantime no interruption shall be offered to the survey of the same by the United States.
Claims. And whereas the said Band have represented to the said Commissioner that under the treaty, as interpreted to them, entered into with John B. Gardiner, Commissioner on the part of the United States, on Ante, p. 359.the 30th day of August, 1831, for the cession of a part of their lands, there is due to them, jointly with that portion of the tribe that has emigrated, eighteen thousand dollars, and for which they have made claim: whenever this deficiency shall be paid, it is agreed that out of said fund there shall be paid to Joseph Leronger in full satisfaction of all his claim, four hundred dollars; and to Pierre Menard in like satisfaction, sixteen hundred dollars; to Gabriel Godfroy, junior, in like satisfaction, two hundred dollars, to Waubee’s daughter Nau-quesh-kum-o-qua, fifty dollars; to Charles Leway or Nau-way-nes, fifty dollars; to Dr.
Horatio Conant, two hundred dollars in full satisfaction of all his claim; to Joseph F. Marsac, fifty dollars. Treaty binding when ratified. This treaty, after the same shall have been ratified by the President and Senate of the United States, shall be binding on the contracting parties. In testimony whereof the said George B. Porter, and the undersigned Chiefs and Headmen of the said Band, have hereunto set their hands, at Maumee, the said day and year. G. B. PORTER TREATY WITH THE SEMINOLES. 1833. 423 Wau-see-on-o-quet, An-to-kee, She-no, Wau-be-gai-kek, Shaw-wa-no, Kee-tuk-kee, Aush-cush, No-ten-o, Way-say-on, Sas-sain, Nau-qua-gai-shik, O-sage, Me-sau-kee, Kin-je-way-no, An-ne-qua-to, Meesh-quel, Sa-see-go-wa, Pe-ton-o-quet, Saw-ga-nosb, Enne-me-kee, Aish-qua-bee.
In presence of E. A. Brush, Sec’y Kintzing Pritchette. Henry Conner. Louis Beaufait. James Jackson, Sub Agent. John E. Hunt. Chs. C. P. Hunt. G. B. Knaggs. John Hollister. James H. Forsyth. J. D. Beaugrand. To the Indian names are subjoined marks. March 28, 1833 Treaty
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