Treaty.
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7 Stat. 474 TREATY Aug. 24, 1835.Proclamation, May 19, 1836.*With the Comanche and Witchetaw Indians and their associated Bands.* For the purpose of establishing and perpetuating peace and friendship between the United States of America and the Comanche and Witchetaw nations, and their associated bands or tribes of Indians, and between these nations or tribes, and the Cherokee Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians, the President of the United States has, to accomplish this desirable object, and to aid therein, appointed Governor M.
Stokes, M. Arbuckle Brigdi. Genl. United States army, and F. W. Armstrong, Actg. Supdt. Western Territory, commissioners on the part of the United States: and the said Governor M. Stokes and M. Arbuckle, Brigdi. Genl. United States army, with the chiefs and representatives of the Cherokee, Muscogee, Choctaw, Osage, Seneca, and Quapaw nations or tribes of Indians, have met the chiefs, warriors, and representatives of the tribes first above named at Camp Holmes, on the eastern border of the Grand Prairie, near the Canadian river, in the Muscogee nation, and after full deliberation, the said nations or tribes have agreed with the United States, and with one another upon the following articles:
Article 1. TherePeace and friendship. shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the Comanche and Witchetaw nations and their associated bands or tribes of Indians, and between these nations or tribes and the Cherokee, Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians. Article 2. EveryInjuries, &c. forgiven. injury or act of hostility by one or either of the contracting parties on the other, shall be mutually forgiven and forever forgot.
Article 3. ThereFree passage through the Indian country. shall be a free and friendly intercourse between all the contracting parties hereto, and it is distinctly understood and agreed by the Comanche and Witchetaw nations and their associated bands or tribes of Indians, that the citizens of the United States are freely permitted to pass and repass through their settlements or hunting ground without molestation or injury on their way to any of the provinces of the Republic of Mexico, or returning therefrom, and that each of the nations or tribes named in this article, further agree to pay the full value for any injury their people may do to the goods or property of the citizens of the United States taken or destroyed, when peaceably passingIndemnity for horses, &c. stolen. through the country they inhabit, or hunt in, or elsewhere.
And the United States hereby guaranty to any Indian or Indians of either of the said Comanche or Witchetaw nations, and their associated bands or tribes of Indians, a full indemnification for any horses or other property which may be stolen from them:Proviso. *Provided,* that the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States, and within the limits thereof. Article 4. It isHunting ground. understood and agreed by all the nations or tribes of Indians parties to this treaty, that each and all of the said nations or474TREATY WITH THE CADDOES. 1835.475 tribes have free permission to hunt and trap in the Great Prairie west of the Cross Timber, to the western limits of the United States.
Article 5. TheInjuries to goods, &c. to be paid for by Indians. Comanche and Witchetaw nations and their associated bands or tribes of Indians, severally agree and bind themselves to pay full value for any injury their people may do to the goods or other property of such traders as the President of the United States may place near to their settlements or hunting ground for the purpose of trading with them. Article 6. TheOther Indians on their grounds not to be molested. Comanche and Witchetaw nations and their associated bands or tribes of Indians, agree, that in the event any of the red people belonging to the nations or tribes residing south of the Missouri river and west of the State of Missouri, not parties to this treaty, should visit their towns or be found on their hunting ground, that they will treat them with kindness and friendship and do no injury to them in any way whatever.
Article 7. ShouldPeace to be preserved. any difficulty hereafter unfortunately arise between any of the nations or tribes of Indians parties hereunto, in consequence of murder, the stealing of horses, cattle, or other cause, it is agreed that the other tribes shall interpose their good offices to remove such difficulties, and also that the Government of the United States may take such measures as they may deem proper to effect the same object, and see that full justice is done to the injured party.
Article 8. It isPresents to be given to the Indians. agreed by the commissioners of the United States, that in consequence of the Comanche and Witchetaw nations and their associated bands or tribes of Indians having freely and willingly entered into this treaty, and it being the first they have made with the United States or any of the contracting parties, that they shall receive presents immediately after signing, as a donation from the United States; nothing being asked from these nations or tribes in return, except to remain at peace with the parties hereto, which their own good and that of their posterity require.
Article 9. TheRelations with Mexico. Comanche and Witchetaw nations and their associated bands or tribes, of Indians, agree, that their entering into this treaty shall in no respect interrupt their friendly relations with the Republic of Mexico, where they all frequently hunt and the Comanche nation principally inhabit; and it is distinctly understood that the Government of the United States desire that perfect peace shall exist between the nations or tribes named in .this article and the said republic.
Article 10. ThisObligatory when ratified. treaty shall be obligatory on the nations or tribes parties hereto from and after the date hereof, and on the United States from and after its ratification by the Government thereof. Done and signed and sealed at Camp Holmes on the eastern border of the Grand Prairie near the Canadian river in the Muscogee nation, this twenty-fourth day of August, one thousand eight hundred and thirty-five, and of the independence of the United States the sixtieth.
MONTFORT STOKES, M. ARBUCKLE, *Brigr. Genl. U. S. Army.* *Comanches.* Ishacoly, or the wolf. Qeenashana, or the war eagle. Tabaqeena, or the big eagle. Pohowetowshah, or the brass man. Shabbakasha, or the raving wolf, Neraquassi, or the yellow horse. Toshapappy, or the white hare. Pahohsareya, or the broken arm. Pahkah, or the man who draws the bow. 476TREATY WITH THE CAMANCHES, ETC. 1835. Witsitony, or he who sucks quick. Leahwiddikah, or one who stirs up water. Esharsotsiki, or the sleeping wolf.
Pahtrisula, or the dog. Ettah, or the gun. Tennowikah, or the boy who was soon a man. Kumaquoi, or the woman who cuts buffalo meat. Taqquanno, or the amorous man. Kowa, or the stinking tobacco box. Soko, or the old man. *Witchetaws.* Kanostowah, or the man who dont speak. Kosharokah, or the man who marries his wife twice. Terrykatowatix, or the riding chief. Tahdaydy, or the traveller. Hahkahpillush, or the drummer. Lachkah, or the first man in four battles. Learhehash, the man who weans children too soon.
Lachhardich, the man who sees things done in the wrong way. Noccuttardaditch, the man who tries to excel the head chief. Katardedwadick, or the man who killed an enemy in the water. Losshah, or the twin. Taytsaaytah, or the ambitious adulterer. Tokaytah, or the summer. Musshakratsatady, or the man with the dog-skin cap. Kipsh, or the man with one side of his head shaved. *Cherokees.* Dutch. David Melton. *Muscogees.* Roley McIntosh. Chily McIntosh. Cho-co-te-tuston-nogu, or Marshal of the Cho-co-te clan.
Tus-ca-ne-ha, or the marshal. Tulsy Harjoe, or Crazy town. Alexander Lasley. Neha Harjoe, or Crazy marshal. Tustunucke Harjoe, or Crazy warrior. Powes Emarlo, or Marshal of Powes clan. Cosa Yehola, or Marshal of Cosa clan. Powes Yehola, or Marshal of Powes clan. Toma Yehola, or Marshal of Toma clan. Cosado Harjoe, or Crazy Cosada. Neha Harjoe, or Crazy marshal. Cosada Tustonnogee, or the Cosada warrior. Octiyachee Yehola, or Marshal of Octiyachee clan. Nulthcup Tustonnogee, or the middle warrior.
Ufala Harjoe, or Crazy Ufala. Cholafixico, or a fox without a heart. Joseph Miller. Samuel Brown. Archi Kennard Towannay, or the slender man. Saccasumky, or to be praised. Siah Hardridge. Warrior Hardridge. George Stedham. Itchhas Harjoe, or Crazy beaver. Itchofake Harjoe, or Crazy deer’s heart. Satockhaky, or the broad side. Semehechee, or Hide it away. Hoyane, or Passed by. Melola, or Waving. Mateter, or the man who missed. it. Billy. Tuskia Harjoe, or Crazy brave. Aussy, or the pursuer.
Tohoithla, or Standing upon. John Hambly. K. Lewis. John Wynn. David McKillap. *Choctaws.* Musha-la-tubbee, or the man killer. Na-tuck-a-chee, or Fair day. Par-chee-ste-cubbee, or the scalp-holder. To-pi-a-chee-hubbee, or the painted face. Ya-cha-a-ho-poy, or the leader of the warriors. Tus-qui-hola-tah, or the travelling warrior. Tic-eban-jo-hubbee, or the first for war. Nucke Stubbee, or the bullet that has killed. Toqua, or What you say. Po-sha-ma-stubbee, or the killer. Nuck-ho-ma-harjoe, or the bloody bullet.
Thomas Mickie. Halam-be-sha, or the bat. Ok-chia, or Life. Tus-ca-homa-madia, or the red warrior. Tun-up-me-a-homa, or the red man who has gone to war. Par-homa, or the red hoop. No-wah-ba, or the man who kills the enemy when he meets him. Hisho-he-meta, or a young waiter. Cho-ma-la-tubbee, or the man who is sure his enemy is dead. Hokla-no-ma, or the traveller in the town. William. Measho Nubbee, or he who knows where the enemy was killed. Jim. Eu-eck-Harma, or the man who is never tired.
Nat-la Homa, or the bloody man. Pia-o-sta, or to whoop four times. Pa-sha-oa-cubbee, or the man who puts his foot on the scalp. La-po-na, or the man who killed the enemy. A-mo-na-tubbee, or lying in wait to kill. A-fa-ma-tubbee, or the man who kills every thing he meets. *Osages.* Tah-ha-la, or the leaping deer. Shone-ta-sah-ba, or the black dog. TREATY WITH THE CAMANCHES, ETC. 1835.477 Wah-shin-pee-sha, or the wicked man. Tun-wan-le-he, or the town mover. Whoa-har-tee, or the war eagle.
Me-tah-ne-gah, or the crazy robe. . Wah-she-sho-hee, or the smart spirit. Ah-ke-tah, or the soldier. Weir-sah-bah-sha, or the hidden black. Ne-ko-jah, or the man hunter. Hor-tea-go, or like night. Wah-hah-tah-nee, or the fast runner. Wah-nah-shee, or the taker away. Ces-sah-ba, or the man in black. Es-kah-mar-ne, or the white horn. Kou-sah-she-Ia, or walking together. Tcha-to-kah, or the buffalo. O-ke-sah, or the man aside. Wah-she-wah-ra, or the stopper. Wah-ho-ba-shungee, or the idolater.
Tone-ba-wah-tcha-la, or hard to look at the sun rising. Shoe-chem-mo-nee, or the elk whistler. Wash-kah-cha, or the tumbler. Wah-ha, or the Pawnee chief’s name-sake. Wah-kee-bah-nah, or the hard runner. War-tcha-sheen-gah, or the scalp-carrier. O-shaun-ga-tun-ga, or the big path. Wah-hee-no-pee, or the bone necklace. Lee-sap-kah-pee, or the man who missed his enemy. Wah-to-ke-kah, or raw meat. Wah-wah-shee, or quick runner. Kah-he-ka-sara, or chief killer. O-lash-tah-ba, or plate-licker.
Mah-ne-nah-shee, or the walker. ShaUn-ga-mo-nee, or the fall chief. Tee-sha-wah-ra, or dry grass. Ne-kah-wah-shee-tun-gah, or the brave spirit. *Senecas.* Thomas Brant. Small Grout Spicer. Isaac. Mingo Carpenter. John Sky. Henry Smith. Little Town Spicer. Young Henry. Peter Pork. William Johnston. Big Bone. Big Isaac. Civil Jack. Ya-ga-ha, or the water in the apple. Cau-ya-que-neh, or the snow drift. Ya-ta-ato, or the little lake. Douglass. George Herring. *Quapaws.* Hi-ka-toa, or the dry man.
Wa-ga-de-tone, or the maggot. Wa-to-va, or the spider. Ca-ta-hah, or the tortoise. Ma-towa-wah-cota, or the dug out. Wa-go-dah-hou-kah, or the plume. Ma-com-pa, or the doctor of the nose. Cas-sa, or the black tortoise. Haw-tez-chee-ka, or the little cedar. Ma-sa-goda-toah, or the hawk. Wa-ka-toa-nosa, or the standing man. Motosa, or the black bear. Mor-bre-tone, or the little hawk. Mor-to-ho-ga, or the white bear. To-se-ca-da, or he who shows his track. Tah-tah-ho-sa, or the wind.
Hi-da-khe-da-sa, or the panther eagle. O-tene-cah-chee-ka, or he who struck the enemy. Me-ki-wah-kotah, or the star. Ka-ti-mo-ne, or clear weather. Vet-he-ka-ne, or thunder. Ne-to-sa-mo-ne, or the black freshet. In presence of R. B. Mason, Major of Dragoons. G. Birch, Major U. S. Army. Francis Lee, Captain 7lh Infantry. Samuel G. I. D. Camp, Surgeon. W. Seaweil, Lieut, and Aid-de-Camp; Sec’y to the Comm’rs. Thomas B. Ballard. Augustine A. Chouteau. John Hambly, U. S. Interpreter to the Creeks.
George Herron. Leonard C. McPhail, Ass’t Surgeon U. S. Army. Robert M. French. To the Indian names are subjoined marks 1835-12-29 Treaty 7 Stat. 478 ARTICLES OF A TREATY, Dec. 29, 1835.Proclamation, May 23, 1836.*Concluded at New Echota in the State of Georgia on the 29th day of Deer. 1835 by General William Carroll and John F. Schermerhorn commissioners on the part of the United States and the Chiefs Head Men and People of the Cherokee tribe of Indians.* WhereasPreamble. the Cherokees are anxious to make some arrangements with the Government of the United States whereby the difficulties they have experienced by a residence within the settled parts of the United States under the jurisdiction and laws of the State Governments may be terminated and adjusted; and with a view to reuniting their people in one body and securing a permanent home for themselves and their posterity in the country selected by their forefathers without the territorial limits of the State sovereignties, and where they can establish and enjoy a government of their choice and perpetuate such a state of society as may be most consonant with their views,habits and condition; and as may tend to their individual comfort and their advancement in civilization.
And whereas a delegation of the Cherokee nation composed of Messrs. John Ross Richard Taylor Dani. McCoy Samuel Gunter and William Rogers with full power and authority to conclude a treaty with the United States did on the 28th day of February 1835 stipulate and agree with the Government of the United States to submit to the Senate to fix the amount which should be allowed the Cherokees for their claims and for a cession of their lands east of the Mississippi river, and did agree to abide by the award of the Senate of the United States themselves and to recommend the same to their people for their final determination.
And whereas on such submission the Senate advised “that a sum not exceeding five millions of dollars be paid to the Cherokee Indians for all their lands and possessions east of the Mississippi river.” And whereas this delegation after said award of the Senate had been made, were called upon to submit propositions as to its disposition to be arranged in a treaty which they refused to do, but insisted that the same “should be referred to their nation and there in general council to deliberate and determine on the subject in order to ensure harmony and good feeling among themselves.
” And whereas a certain other delegation composed of John Ridge Elias Boudinot Archilla Smith S. W. Bell John West Wm. A. Davis and Ezekiel West, who represented that portion of the nation in favor of emigration to the Cherokee country west of the Mississippi entered . into propositions for a treaty with John F. Schermerhorn commissioner on the part of the United States which were to be submitted to their nation for their final action and determination: And whereas the Cherokee people, at their last October council at Red Clay, fully authorized and empowered a delegation or committee of twenty persons of their nation to enter into and conclude a treaty with the United States commissioner then present, at that place or elsewhere and as the people had good reason to believe that a treaty would then and there be made or at a subsequent council at New Echota which the commissioners it was well known and understood, were authorized478TREATY WITH THE CHEROKEES. 1835.479 and instructed to convene for said purpose; and since the said delegation have gone on to Washington city, with a view to close negotiations there, as stated by them notwithstanding they were officially informed by the United States commissioner that they would not be received by the President of the United States; and that the Government would transact no business of this nature with them, and that if a treaty was made it must be done here in the nation, where the delegation at Washington last winter urged that it should be done for the purpose of promoting peace and harmony among the people; and since these facts have also been corroborated to us by a communication recently received by the commissioner from the Government of the United States and read and explained to the people in open council and therefore believing said delegation can effect nothing and since our difficulties are daily increasing and our situation is rendered more and more precarious uncertain and insecure in consequence of the legislation of the States; and seeing no effectual way of relief, but in accepting the liberal overtures of the United States.
And whereas Genl William Carroll and John F. Schermerhorn were appointed commissioners on the part of the United States, with full power and authority to conclude a treaty with the Cherokees east and were directed by the President to convene the people of the nation in general council at New Echota and to submit said propositions to them with power and authority to vary the same so as to meet the views of the Cherokees in reference to its details. And whereas the said commissioners did appoint and notify a general council of the nation to convene at New Echota on the 21st day of December 1835; and informed them that the commissioners would be prepared to make a treaty with the Cherokee people who should assemble there and those who did not come they should conclude gave their assent and sanction to whatever should be transacted at this council and the people having met in council according to said notice.
Therefore the following articles of a treaty are agreed upon and concluded between William Carroll and John F. Schermerhorn commissioners on the part of the United States and the chiefs and head men and people of the Cherokee nation in general council assembled this 29th day of Decr 1835. Article 1. TheCherokees relinquish io U.S. all their lands east of die Mississippi. Cherokee nation hereby cede relinquish and convey to the United States all the lands owned claimed or possessed by them east of the Mississippi river, and hereby release all their claims upon the United States for spoliations of every kind for and in consideration of the sum of five millions of dollars to be expended paid and invested in the manner stipulated and agreed upon in the following articles But as a question has arisen between the commissioners and the Cherokees whether the Senate in their resolution by which they advised “that a sum not exceeding five millions of dollars be paid to the Cherokee Indians for all their lands and possessions east of the Mississippi river” have included and made any allowance or consideration for claims for spoliations it is therefore agreed on the part of the United States that this question shall be again submitted to the Senate for their consideration and decision and if no allowance was made for spoiliations that then an additional sum of three hundred thousand dollars be allowed for the same.
Article 2. WhereasTreaty of May 1828, and Feb. 1833, referred to.Ante, p. 311 & 414. by the treaty of May 6th 1828 and the supplementary treaty thereto of Feb. 14th 1833 with the Cherokees west of the Mississippi the United States guarantied and secured to be conveyed by patent, to the Cherokee nation of Indians the following tract of country “Beginning at a point on the old western territorial line of Arkansas Territory being twenty-five miles north from the point where480TREATY WITH THE CHEROKEES. 1835. the territorial line crosses Arkansas river, thence running from said north point south on the said territorial line where the said territorial line crosses Verdigris river; thence down said Verdigris river to the Arkansas river; thence down said Arkansas to a point where a stone is placed opposite 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 mile 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 ns 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 of acres of land thus provided for and bounded, the United States further guaranty to the Cherokee nation a perpetual outlet west, and a free and unmolested use of all the country 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: Proviso.*Provided however* That if the saline or salt plain on the 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 Cherokees;
And letters pattent shall be issued by the United States as soon as practicable for the land hereby guarantied.” AndAdditional land conveyed to the nation, &c. whereas it is apprehended by the Cherokees that in the above cession there is not contained a sufficient quantity of land for the accommodation of the whole nation on their removal west of the Mississippi the United States in consideration of the sum of five hundred thousand dollars therefore hereby covenant and agree to convey to the said Indians, and their descendants by patent, in fee simple the following additional tract of land situated between the west line of the State of Missouri and the Osage reservation beginning at the southeast corner of the same and runs north along the east line of the Osage lands fifty miles to the northeast corner thereof; and thence east to the west line of the State of Missouri; thence with said line south fifty miles; thence west to the place of beginning; estimated to contain eight hundred thousand acres of land; but it is expressly understood that if any of the lands assigned the Quapaws shall fall within the aforesaid bounds the same shall be reserved and excepted out of the lands above granted and a pro rata reduction shall be made in the price to be allowed to the United States for the same by the Cherokees.
Article 3. TheFurther agreement. United States also agree that the lands above ceded by the treaty of Feb. 14 1833, including the outlet, and those ceded by this treaty shall all be included in one patent executed to the Cherokee nation of Indians by the President of the United States according to the provisions1830, ch. 148. of the act of May 28 1830, It is, however, agreed that the military reservation at Fort Gibson shall be held by the United States. But should the United States abandon said post and have no further use forRight to establish forts, &c. the same it shall revert to the Cherokee nation.
The United States shall always have the right to make and establish such post and militaryTREATY WITH THE CHEROKEES. 1835.481 roads and forts in any part of the Cherokee country, as they may deem proper for the interest and protection of the same and the free use of as much land, timber, fuel and materials of all kinds for the construction and support of the same as may be necessary; provided that if the private rights of individuals are interfered with, a just compensation therefor shall be made.
Article 4. TheOsage titles to reservations to be extinguished.Ante, p. 240. United States also stipulate and agree to extinguish for the benefit of the Cherokees the titles to the reservations within their country made in the Osage treaty of 1825 to certain half-breeds and for this purpose they hereby agree to pay to the persons to whom the same belong or have been assigned or to their agents or guardians whenever they shall execute after the ratification of this treaty a satisfactory conveyance for the same, to the United States, the sum of fifteen thousand dollars according to a schedule accompanying this treaty of the relative value of the several reservations.
AndMissionary reservations to be paid for. whereas by the several treaties between the United States and the Osage Indians the Union and Harmony Missionary reservations which were established for their benefit are now situated within the country ceded by them to the United States; the former being situated in the Cherokee country and the latter in the State of Missouri. It is therefore agreed that the United States shall pay the American Board of Commissioners for Foreign Missions for the improvements on the same what they shall be appraised at by Capt.
Geo. Vashon Cherokee subagent Abraham Redfield and A. P. Chouteau or such persons as the President of the United States shall appoint and the money allowed for the same shall be expended in schools among the Osages and improving their condition. It is understood that the United States are to pay the amount allowed for the reservations in this article and not the Cherokees. Article 5. TheLands permanently ceded to the nation. United States hereby covenant and agree that the lands ceded to the Cherokee nation in the foregoing article shall, in no future time without their consent, be included within the territorial limits or jurisdiction of any State or Territory.
But they shall secure to the Cherokee nation the right by their national councils to make and carry into effect all such laws as they may deem necessary for the government and protection of the persons and property within their own country belonging to their people or such persons as have connected themselves with them: provided always that they shall not be inconsistent with the constitution of the United States and such acts of Congress as have been or may be passed regulating trade and intercourse with the Indians; and also, that they shall not be considered as extending to such citizens and army of the United States as may travel or reside in the Indian country by permission according to the laws and regulations established by the Government of the same.
Article 6. PerpetualPeace to be preserved. peace and friendship shall exist between the citizens of the United States and the Cherokee Indians. The United States agree to protect the Cherokee nation from domestic strife and foreign enemies and against intestine wars between the several tribes. The Cherokees shall endeavor to preserve and maintain the peace of the country and not make war upon their neighbors they shall also be protected against interruption and intrusion from citizens of the United States, who may attempt to settle in the country without their consent; and all such persons shall be removed from the same by order of the President of the United States.
But this is not intended to prevent the residence among them of useful farmers mechanics and teachers for the instruction of Indians according to treaty stipulations. 482TREATY WITH THE CHEROKEES. 1835. Article 7. TheCongress may allow a delegate from the Cherokee nation. Cherokee nation having already made great progress in civilization and deeming it important that every proper and laudable inducement should be offered to their people to improve their condition as well as to guard and secure in the most effectual manner the rights guarantied to them in this treaty, and with a view to illustrate the liberal and enlarged policy of the Government of the United States towards the Indians in their removal beyond the territorial limits of the States, it is stipulated that they shall be entitled to a delegate iirthe House of Representatives of the United States whenever Congress shall make provision for the same.
Article 8. TheExpense of removal to be paid by U. S. United States also agree and stipulate to remove the Cherokees to their new homes and to subsist them one year after their arrival there and that a sufficient number of steamboats and baggage-wagons shall be furnished to remove them comfortably, and so as not to endanger their health, and that a physician well supplied with medicines shall accompany each detachment of emigrants removed by the Government. Such persons and families as in the opinion of the emigrating agent are capable of subsisting and removing themselves shall be permitted to do so; and they shall be allowed in full for all claims for the same twenty dollars for each member of their family; and in lieu Of their one year’s rations they shall be paid the sum of thirty-three dollars and thirty-three cents if they prefer it.
Such Cherokees also as reside at present out of the nation and shall remove with them in two years west of the Mississippi shall be entitled to allowance for removal and subsistence as above provided. Article 9. TheAgents to value improvements made by the Cherokees. United States agree to appoint suitable agents who shall make a just and fair valuation of all such improvements now in the possession of the Cherokees as add any value to the lands; and also of the ferries owned by them, according to their nett income; and such improvements and ferries from which they have been dispossessed in a lawless manner or under any existing laws of the State where the same may be situated.
The just debts of the Indians shall be paid out of any monies due them for their improvements and claims; and they shall also be furnished at the discretion of the President of the United States with a sufficient sum to enable them to obtain the necessary means to remove themselves to their new homes, and the balance of their dues shall be paid them at the Cherokee agency west of the Mississippi. The missionary establishments shall also be valued and appraised in a like manner and the amount of them paid over by the United States to thé treasurers of the respective missionary societies by whom they have been established and improved in order to enable them to erect such buildings and make such improvements among the Cherokees west of the Mississippi as they may deem necessary for their benefit.
Such teachers at present among the Cherokees as this council shall select and designate shall be removed west of the Mississippi with the Cherokee nation and on the same terms allowed to them. Article 10. TheThe President to make investments in productive stock. President of the United States shall invest in some safe and most productive public stocks of the country for the benefit of the whole Cherokee nation who have removed or shall remove to the lands assigned by this treaty to the Cherokee nation west of the Mississippi the following sums as a permanent fund for the purposes hereinafter specified and pay over the nett income of the same annually to such person or persons as shall be authorized or appointed by the Cherokee nation to receive the same and their receipt shall be a full discharge for the amount paid to them viz: the sum of two hundred thousand dollars in addition to the present annuities of the nation toTREATY WITH THE CHEROKEES. 1835.483 constitute a general fund the interest of which shall be applied annually by the council of the nation to such purposes as they may deem best for the general interest of their people.
The sum of fifty thousand dollars to constitute an orphans’ fund the annual income of which shall be expended towards the support and education of such orphan children as are destitute of the means of subsistence. The sum of one hundred and fifty thousand dollars in addition to the present school fund of the nation shall constitute a permanent school fund, the interest of which shall be applied annually by the council of the nation for the support of common schools and such a literary institution of a higher order as may be established in the Indian country.
And in order to secure as far as possible the true and beneficial application of the orphans’ and school fund the council of the Cherokee nation when required by the President of the United States shall make a report of the application of those funds and he shall at all times have the right if the funds have been misapplied to correct any abuses of them and direct the manner of their application for the purposes for which they were intended. The council of the nation may by giving two years’ notice of their intention withdraw their funds by and with the consent of the President and Senate of the United States, and invest them in such manner as they may deem most proper for their interest.
The United States also agree and stipulate to pay the just debts and claims against the Cherokee nation field by the citizens of the same and also the just claims of citizens of the United States for services rendered to the nation and the sum of sixty thousand dollars is appropriated for this purpose but no claims against individual persons of the nation shall be allowed and paid by the nation The sum of three hundred thousand dollars is hereby set apart to pay and liquidate the just claims of the Cherokees upon the United States for spoliations of every kind, that have not been already satisfied under former treaties.
Article 11. TheCommutation of school fund. Cherokee nation of Indians believing it will be for the interest of their people to have all their funds and annuities under their own direction and future disposition hereby agree to commute their permanent annuity of ten thousand dollars for the sum of two hundred and fourteen thousand dollars, the same to be invested by the President of the United States as a part of the general fund of the nation; and their present school fund amounting to about fifty thousand dollars shall constitute a part of the permanent school fund of the nation.
Article 12. ThoseProvision respecting C hero kees averse to removal. individuals and families of the Cherokee nation that are averse to a removal to the Cherokee country west of the Mississippi and are desirous.to become citizens of the States where they reside and such as are qualified to take care of themselves and their property shall be entitled to receive their due portion of all the personal benefits accruing under this treaty for their claims, improvements and *per capita;* as soon as an appropriation is made for this treaty.
Such heads of Cherokee families as are desirous to reside within the States of No, Carolina Tennessee and Alabama subject to the laws of the same’; and who are qualified or calculated to become usefbl citizens shall be entitled, on the certificate of the commissioners to a pre-emption right to one hundred and sixty acres of land or one quarter section at the minimum Congress price; so as to include the present buildings or improvements of those who now reside there and such as do not live there at present shall be permitted to locate within two years any lands not already occupied by persons entitled to pre-emption privilege under this treaty and if two or more families live on the same quarter section and they desire to continue their residence in these States and are qualified as above specified they shall, on receiving their pre-emption484TREATY WITH THE CHEROKEES. 1835. certificate be entitled to the right of pre-emption to such lands as they may select not already taken by any person entitled to them under this treaty.
It is stipulated and agreed between the United States and the Cherokee people that John Ross James Starr George Hicks John Gunter George Chambers John Ridge Elias Boudinot George Sanders John Martin William Rogers Roman Nose Situwake and John Timpson shall be a committee on the part of the Cherokees to recommend such persons for the privilege of pre-emption rights as may be deemed entitled to the same under the above articles and to select the missionaries who shall be removed with the nation; and that they be hereby fully empowered and authorized to transact all business on the part of the Indians which may arise in carrying into effect the provisions of this treaty and settling the same with the United States.
If any of the persons above mentioned should decline acting or be removed by death; the vacancies shall be filled by the committee themselves. It is also understood and agreed that the sum of one hundred thousand dollars shall be expended by the commissioners in such manner as the committee deem best for the benefit of the poorer class of Cherokees as shall remove west or have removed west and are entitled to the benefits of this treaty. The same to be delivered at the Cherokee agency west as soon after the removal of the nation as possible.
Article 13. In orderSettlement of claims for former reservations. to make a final settlement of all the claims of the Cherokees for reservations granted under former treaties to any individuals belonging to the nation by the United States it is therefore hereby stipulated and agreed and expressly understood by the parties to this treaty—that all the Cherokees and their heirs and descendants to whom any reservations have been made under any former treaties with the United States, and who have not sold or conveyed the same by deed or otherwise and who in the opinion of the commissioners have complied with the terms on which the reservations were granted as far as practicable in the several cases; and which reservations have since been sold by the United States shall constitute a just claim against the United States and the original reservee or their heirs or descendants shall be entitled to receive the present value thereof from the United States as unimproved lands.
And all such reservations as have not been sold by the United States and where the terms on which the reservations were made in the opinion of the commissioners have been complied with as far as practicable, they or their heirs or descendants shall be entitled to the same. They are hereby granted and confirmed to them—and also allAnte, p. 156. persons who were entitled to reservations under the treaty of 1817 and who as far as practicable in the opinion of the commissioners, have complied with the stipulations of said treaty, although by the treaty of 1819Ante, p. 195. such reservations were included in the unceded lands belonging to the Cherokee nation are hereby confirmed to them and they shall be entitled to receive a grant for the same.
And all such reservees as were obliged by the laws of the States in which their reservations were situated, to abandon the same or purchase them from the States shall be deemed to have a just claim against the United States for the amount by them paid to the States with interest thereon for such reservations and if obliged to abandon the same, to the present value of such reservations as unimproved lands but in all cases where the reservees have sold their reservations or any part thereof and conveyed the same by deed or otherwise and have been paid for the same, they their heirs or descendants or their assigns shall not be considered as having any claims upon the United States under this article of the treaty nor be entitled to receive any compensation for the lands thus disposed of.
It is expressly understood by the parties to this .treaty that the amount to be allowed forTREATY WITH THE CHEROKEES. 1835.485 reservations under this article shall not be deducted out of the consideration money allowed to the Cherokees for their claims for spoliations and the cession of their lands; but the same is to be paid for independently by the United States as it is only a just fulfilment of former treaty stipulations. Article 14. It isPensions to certain warriors. also agreed on the part of the United States that such warriors of the Cherokee nation as were engaged on the side of the United States in the late war with Great Britain and the southern tribes of Indians, and who were wounded in such service shall be entitled to such pensions as shall be allowed them by the Congress of the United States to commence from the period of their disability.
Article 15. It isFunds to be divided among the Indians. expressly understood and agreed between the parties to this treaty that after deducting the amount which shall be actually expended for the payment for improvements, ferries, claims, for spoliations, removal subsistence and debts and claims upon the Cherokee nation and for the additional quantity of lands and goods for the poorer class of Cherokees and the several sums to be invested for the general national funds; provided for in the several articles of this treaty the balance whatever the same may be shall be equally divided between all the people belonging to the Cherokee nation east according to the census just completed; and such Cherokees as have removed west since June 1833 who are entitled by the terms of their enrolment and removal to all the benefits resulting from the final treaty between the United States and the Cherokees east they shall also be paid for their improvements according to their approved value before their removal where fraud has not already been shown in their valuation.
Article 16. It isIndians to remove in two years. hereby stipulated and agreed by the Cherokees that they shall remove to their new homes within two years from the ratification of this treaty and that during such time the United States shall protect and defend them iu their possessions and property and free use and occupation of the same and such persons as have been dispossessed of their improvements and houses; and for which no grant has actually issued previously to the enactment of the law of the State of Georgia, of December 1835 to regulate Indian occupancy shall be again put in possession and placed in the same situation and condition, in reference to the laws of the State of Georgia, as the Indians that have not been dispossessed; and if this is not done, and the people are left unprotected, then the United States shall pay the several Cherokees for their losses and damages sustained by them in consequence thereof.
And it is also stipulated and agreed that the public buildings and improvements on which they are situated at New Echota for which no grant has been actually made previous to the passage of the above recited act if not occupied by the Cherokee people shall be reserved for the public and free use of the United States and the Cherokee Indians for the purpose of settling and closing all the Indian business arising under this treaty between the commissioners of claims and the Indians.
The United States, and the several States interested in the Cherokee lands, shall immediately proceed to survey the lands ceded by this treaty; but it is expressly agreed and understood between the parties that the agency buildings and that tract of land surveyed and laid off for the use of Colonel 11. J. Meigs Indian agent or heretofore enjoyed and occupied by his successors in office shall continue subject to the use and occupancy of the United States, or such agent as may be engaged specially superintending the removal of the tribe.
Article 17. All theCommissioners to seule claims claims arising under or provided for in the several articles of this treaty, shall be examined and adjudicated by Gen486TREATY WITH THE CHEROKEES. 1835. Wm Carroll and John F. Schermerhorn or by such commissioners as shallVol. ix. p. 34. be appointed by the President of the United States for that purpose and their decision shall be final and on their certificate of the amount due the several claimants they shall be paid by the United States.
All stipulations in former treaties which have not been superseded or annulled by this shall continue iu full force and virtue. Article 18. WhereasU. S. to make advances for provisions, clothing, &c. in consequence of the unsettled affairs of the Cherokee people and the early frosts, their crops are insufficient to support their families and great distress is likely to ensue and whereas the nation will not, until after their removal be able advantageously to expend the income of the permanent funds of the nation it is therefore agreed that the annuities of the nation which may accrue under this treaty for two years, the time fixed for their removal shall be expended in provision and clothing for the benefit of the poorer class of the nation; and the United States hereby agree to advance the same for that purpose as soon after the ratification of this treaty as an appropriation for the same shall be made.
ItAnte, p. 195. is however not intended in this article to interfere with that part of the annuities due the Cherokees west by the treaty of 1819. Article 19. ThisTreaty binding when ratified. treaty after the same shall be ratified by the President and Semite of the United States shall be obligatory on the contracting parlies. In testimony whereof the commissioners and the chiefs head men and people whose names are hereunto annexed being duly authorized by the people iu general council assembled have affixed their hands and seals for themselves and in behalf of the Cherokee nation.
I have examined the foregoing treaty and although not present when it was made, I approve its provisions generally, and therefore sign it. WM. CARROLL, J. F. SCHERMERHORN. Major Ridge, James Foster, Tesa-ta-esky, Charles Moore, George Chambers, Tah-yeske, Archilia Smith, Andrew Ross, William Lassley, Cae-te-hee, Te-gah-e-ske, Robert Rogers, John Gunter, John A. Bell, Charles F. Foreman, William Rogers, George W. Adair, Elias Boudinot, James Starr, Jesse Half-breed. Signed and sealed in presence of Western B.
Thomas. Secry. Ben. F. Currey, Special Agent. M. Wolfe Bateman, 1st Lt. 6th U. S. A. inf., Disbg. Agent. Jno. L. Hooper, Ll. 4th inf. C. M. Hitchcock, M. D. Assist. Surg. U. S. A. G. W. Currey. Wm. H. Underwood. Cornelius D. Terhune. John W. H. Underwood. To the Indian names are subjoined a mark and seal. In compliance with instructions of the council at New Echota we sign this treaty. STAND WATIE, JOHN RIDGE. *March* 1, 1836. Witnesses.—Elbert Herring. Alexander H. Everett, John Robb.
D. Kurlz. Wm. Y. Hansell. Samuel J. Potts. Jno. Lille. S. Rockwell. TREATY WITH THE CHEROKEES. 1835.487 The following article was adopted as a supplemental article to the treaty by a unanimous vote of the committee and ordered to be attached to and considered as part of this treaty. Article 20. ThePayment of just claims guarantied by the United States. United States do also hereby guaranty the payment of all unpaid just claims upon the Indians, without expense to them, out of the proper funds of the United States, for the settlement of which a cession or cessions of land has or have been heretofore made by the Indians, in Georgia.
Provided the United States or the State of Georgia has derived benefit from the said cession or cessions of land without having made payment to the Indians therefor. It is hereby however further agreed and understood that if the Senate of the United States dissapprove of this article it may be rejected without impairing any other provision of this treaty, or affecting the Indians in any manner whatever. A. McCOY, *Clerk Committee*. W. B. THOMAS, *Secry*. In compliance with the unanimous request of the Committee of the Cherokee nation in general council assembled, it is consented and agreed by the commissioner on the part of the United States that the foregoing shall be added as a supplemental article to the treaty under the express condition and stipulation that if the President or Senate of the United States disapprove of this article it may be rejected without impairing any other provision of this treaty, or affecting the Indians in any manner whatever.
J. F. SCHERMERHORN. 1835-12-31 Treaty 7 Stat. 487 WhereasDec. 31, 1835. the western Cherokees have appointed a delegation to visit the eastern Cherokees to assure them of the friendly disposition of their people and their desire that the nation should again be united as one people and to urge upon them the expediency of accepting the overtures of the Government; and that, on their removal they may be assured of a hearty welcome and an equal participation with them in all the benefits and privileges of the Cherokee country west and the undersigned two of said delegation being the only delegates in the eastern nation from the west at the signing and sealing of the treaty lately concluded at New Echota between their eastern brethren and the United States; and having fully understood the provisions of the same they agree to it in behalf of the western Cherokees But it is expressly understood that nothing in this treaty shall affect any claims of the western Cherokees on the United States.
In testimony whereof, we have, this 31st day of December, 1835. hereunto set our hands and seals. JAMES ROGERS, JOHN SMITH, Delegates from the western Cherokees. Test: Ben. F. Carrey, Special Agent, M. W. Bateman, First Lieut. 6th Infantry Jno. L. Hooper, Lieut. 4th Infy. Elias Buudinot. 488TREATY WITH THE CHEROKEES. 1835. *Schedule and estimated value of the Osage half-breed reservations within the territory ceded to the Cherokees west of the Mississippi, (referred to in article 5 on the foregoing treaty,) viz;* Augustus Clamont one section $6,000 James “ “ “ 1,000 Paul “ “ “ 1,300 Henry “ “ “ 800 Anthony “ “ “ 1,800 Rosalie “ “ “ 1,800 Emilia D, of Mihanga 1,000 Emilia D, of Shemianga 1,300 $15,000 I hereby certify that the above schedule is the estimated value of the Osage reservations; as made out and agreed upon with Col.
A. P. Chouteau who represented himself as the agent or guardian of the above reservees. J. F. SCHERMERHORN. *March* 14, 1835. 1836-03-01 supplement 7 Stat. 488 SUPPLEMENTARY ARTICLES TO A TREATY March 1, 1836.Proclamation, May 23, 1636.*Concluded at Neto Echota, Georgia, December 29, 1835, between the United States and Cherokee people.* Whereas the undersigned were authorised at the general meeting of the Cherokee people held at New Echota as above stated, to make and assent to such alterations in the preceding treaty as might be thought necessary, and whereas the President of the United States has expressed his determination not to allow any pre-emptions or reservations his desire being that the whole Cherokee people should remove together and establish themselves in the country provided for them west of the Mississippi river.
Article 1. It isPre-emption rights declared void. therefore agreed that all the pre-emption rights and reservations provided for in articles 12 and 13 shall be and are hereby relinquished and declared void. Article 2. Whereas the Cherokee people have supposed that the sum of five millions of dollars fixed by the Senate in their resolution of day of March, 1835, as the value of the Cherokee lands and possessions east of the Mississippi river was not intended to include the amount which may be required to remove them, nor the value of certain claims which many of their people had against citizens of the United States, which suggestion has been confirmed by the opinion expressed to the War Department by some of the Senators who voted upon the question and whereas the President is willing that this subject should be referred to the Senate for their consideration and if it was not intended by the Senate that the above-mentioned sum of five millions of dollars should include the objects herein specified that in that case such further provision should be made therefor as might appear to the Senate to be just.
Article 3. It isAllowance in lieu of pre-emptions, &c. therefore agreed that the sum of six hundred thousand dollars shall be and the same is hereby allowed to the Cherokee people to include the expense of their removal, and all claims of everyTREATY WITH THE CHEROKEES. 1835.489 nature and description against the Government of the United States not herein otherwise expressly provided for, and to be in lieu of the said reservations and pre-emptions and of the sum of three hundred thousand dollars for spoliations described in the 1st article of the above-mentioned treaty.
This sum of six hundred thousand dollars shall be applied and distributed agreeably to the provisions of the said treaty, and any surplus which may remain after removal and payment of the claims so ascertained shall be turned over and belong to the education fund. But it is expressly understood that the subject of this article is merely referred hereby to the consideration of the Senate and if they shall approve the same then this supplement shall remain part of the treaty. Article 4.
It isProvisions for agency reservation not to interfere, &c. also understood that the provisions in article 10, for the agency reservation is not intended to interfere with the occupant right of any Cherokees should their improvement fall within the same. It is also understood and agreed, that the one hundred thousand dollars appropriated in article 12 for the poorer class of Cherokees and intended as a set-off to the pre-emption rights shall now be transferred from the funds of the nation and added to the general national fund of four hundred thousand dollars so as to make said fund equal to five hundred thousand dollars.
Article 5. TheExpense of negotiation to be defraved by the U. S. necessary expenses attending the negotiation of the aforesaid treaty and supplement and also of such persons of the delegation as may sign the same shall be defrayed by the United States. In testimony whereof John F. Schermerhorn, commissioner on the part of the United States, and the undersigned delegation have hereunto set their hands and seals, this first day of March, in the year one thousand eight hundred and thirty-six.
J. F. SCHERMERHORN. Major Ridge, James Foster, Tah-ye-ske, Long Shell Turtle, John Fields, James Fields, George Welch, Andrew Ross, William Rogers, John Gunter, John A. Bell, Jos. A. Foreman, Robert Sanders, Elias Boudinot, Johnson Rogers, James Starr, Stand Watie, John Ridge, James Rogers, John Smith. Witnesses—Elbert Herring. Thos. Glascock. Alexander H. Everett. Jno. Garland, Majr. U. S. A. C. A. Harris. John Robb, Win. Y. Hansell. Sami. J. Polls. Jno. Lille. S. Rockwell. To the Indian names are subjoined a mark and seal. [Note.—This treaty and Supplementary Articles were ratified, with the following amendments, as expressed in the Resolution of the Senate:—“Article 17, lines 2 and 3, strike out the words ‘by General William Carroll and John F.
Schermerhorn, or.’” “In the 4th line of the same article, after the word ‘States,’ insert ‘by mid with the advice and consent of the Senate of the United States.’” “Strike out the 20th article which appears as a supplemental article.”] 1836-03-26 Treaty 7 Stat. 490 ARTICLES OF A TREATY March 26, 1836.Proclamation, June 4, 1836.*Made and concluded at camp in Turkey Creek Prairie, in the State of Indiana, between Abel C. Pepper commissioner of the United States and Mes-quaw-buck, a chief of the Pottawatamy tribe of Indians and his band, on twenty-sixth day of March, in the year eighteen hundred and thirty-six.* Art. 1.
TheCession of land to U.S. above named chief and his band hereby cede to the United States the four sections of land reserved for them by the second article of the treaty between the United States and the PottawatamyAnte, p. 399. Indians, on Tippecanoe river on the twenty-seventh day of October 1832. Art. 2. InPayment therefor. consideration of the cession aforesaid the United States stipulate to pay the above named chief and his band the sum of twenty-five hundred and sixty dollars in specie at the next payment of annuity after the ratification of this treaty.
Art. 3. TheExpenses of this treaty to he paid by U.S. United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty. Art. 4. TheIndians to remove within two years. above named chief and his band agree to yield peaceable possession of the above sections of land and remove to the country west of the Mississippi provided for the Pottawatamy nation by the United States, within two years from this date. Art. 5. ThisTreaty binding when ratified. treaty shall be binding upon both parties from the date of its ratification by the President and Senate of the United States.
Art. 6. Whereas,Provision in favor of Henry Ossum. Henry Ossum has lived many years on the lands of the above named chief and his band—has furnished them with provision and blankets when they were poor and destitute—has made valuable improvements on the said land, and whereas, the said chief and his band acknowledge themselves to be justly indebted to the said Henry Ossum in the sum of three thousand dollars, it is hereby stipulated that from the cession aforesaid a reservation of two of the above four sections is made for Henry Ossum to be patented to him by the United States, the said reserve is to include Ossums improvement on which he now lives and Mis-quaw-bucks village.
If this article shall be ratified by the President and Senate of the United States, then twelve hundred and eighty dollars of the above consideration shall be withheld from the aforesaid chief and his band in the payment for the cession aforesaid; but if this article of the treaty shall not be approved and ratified by the President and Senate of the United States, it is expressly understood that the rejection thereof shall not viciate or make void any other article or stipulation of the above treaty.** This article (Art. 6) was not ratified.
In testimony whereof the said A. C. Pepper commissioner on the part of the United States, and the above named chief and head men for themselves and their band, have hereunto subscribed their names, the day and year above written. A. C. PEPPER. 490TREATY WITH THE OTTAWAS, ETC. 1836.491 Mes-qusw-buck, Meas-Sett, Muck-kose, Waw-baw-que-ke-aw, Naush-waw-pi-tant, Cho-qua-sau-quah. C. Carter, Secretary. Edward McCartney, Enteprt. To the Indian names are subjoined mark. 1836-03-28 Treaty 7 Stat. 491 ARTICLES OF A TREATY March 28, 1836.Proclamation, May 27, 1836.*Made and concluded at the city of Washington in the District of Columbia, between Henry R.
Schoolcraft, commissioner on the part of the United States, and the Ottawa and Chippewa nations of Indians, by their chiefs and delegates.* Article First. TheCession of land to the U. S. Ottawa and Chippewa nations of Indians cede to the United States all the tract of country within the following boundaries: Beginning at the mouth of Grand river of Lake Michigan on the north bank thereof, and following up the same to the line called for, in the first article of the treaty of Chicago of the 29th of August 1821,Ante, p. 218. thence, in a direct line, to the head of Thunder-bay river, thence with the line established by the treaty of Saganaw of the 24th of September 1819, to the mouth of said river, thence northeast to the boundary line in Lake Huron between the United States and the British province of Upper Canada, thence northwestwardly, following the said line, as established by the commissioners acting under the treaty of Ghent, through the straits, and river St.
Mary’s, to a point in Lake Superior north of the mouth of *Gitchy Seebing*, or Chocolate river, thence south to the mouth of said river and up its channel to the source thereof, thence, in a direct line to the head of the *Skonawba* river of Green bay, thence down the south bank of said river to its mouth, thence, in a direct line, through the ship channel into Green bay, to the outer part thereof, thence south to a point in Lake Michigan west of the north cape, or entrance of Grand river, and thence east to the place of beginning, at the cape aforesaid, comprehending all the lands and islands, within these limits, not hereinafter reserved.
Article Second. From the cession aforesaid the tribes reserve for their own use, to be held in common the following tracts, namely: One tract of fifty thousand acres to be located on Little Traverse bay: one tract of twenty thousand acres to be located on the north shore of Grand Traverse bay, one tract of seventy thousand acres to be located on, or, north of the *Pieire Marquetta* river, one tract of one thousand acres to be located by Chingassanoo,—or the Big Sail, on the Cheboigan.
One tract of one thousand acres, to be located by Mujeekewis, on Thunder-bay river. Article Third. ThereReservations for Chippewas. shall also be reserved for the use of the Chippewas living north of the straits of Michilimackinac, the following tracts, that is to say: Two tracts of three miles square each, on the north shores of the said straits, between *Point-au-Barbe* and *Mille Coquin* river, including the fishing grounds in front of such reservations, to be located by a council of the chiefs.
The Beaver islands of Lake Michigan for the use of the Beaver-island Indians. Round island, opposite Michilimackinac, as a place of encampment for the Indians, to be under the charge of the Indian department. The islands of the *Chenos*, with a part of the adjacent north coast of Lake Huron, corre-492TREATY WITH THE OTTAWAS, ETC. 1836.spending in length, and one mile in depth. Sugar island, with its islets, in the river of St. Mary’s. Six hundred and forty acres, at the mission of the Little Rapids.
A tract commencing at the mouth of the Pississowining river, south of Point Iroquois, thence running up said stream to its forks, thence westward, in a direct line to the Red water lakes, thence across the portage to the Tacquimenon river, and down the same to its mouth, including the small islands and fishing grounds, in front of this reservation. Six hundred and forty acres, on Grand island, and two thousand acres, on the main land south of it. Two sections, on the northern extremity of Green bay, to be located by a council of the chiefs.
All the locations, left indefinite by this, and the preceding articles, shall be made by the proper chiefs, under the direction of the President. It is understood that the reservation for a place of fishing and encampment, made under the treaty ofAnte, p. 206. St. Mary’s of the 16th of June 1820, remains unaffected by this treaty. Article Fourth. InPayments to be made to the Indians. consideration of the foregoing cessions, the United States engage to pay to the Ottawa and Chippewa nations, the following sums, namely. 1st.
An annuity of thirty thousand dollars per annum, in specie, for twenty years; eighteen thousand dollars, to be paid to the Indians between Grand river and the Cheboigun; three thousand six hundred dollars, to the Indians on the Huron shore, between the Cheboigan and Thunder-bay river; and seven thousand four hundred dollars, to the Chippewas north of the straits, as far as the cession extends; the remaining one thousand dollars, to be invested in stock by the Treasury Department and to remain incapable of being sold, without the consent of the President and Senate, which may, however, be given, after the expiration of twenty-one years. 2nd.
Five thousand dollars per annum, for the purposes of education, teachers, school-houses, and books in their own language, to be continued twenty years, and as long thereafter as Congress may appropriate for the object. 3rd. Three thousand dollars for missions, subject to the conditions mentioned in the second clause of this article. 4th. Ten thousand dollars for agricultural implements, cattle, mechanics’ tools, and such other objects as the President may deem proper. 5th. Three hundred dollars per annum for vaccine matter, medicines, and the services of physicians, to be continued while the Indians remain on their reservations. 6th.
Provisions to the amount of two thousand dollars; six thousand five hundred pounds of tobacco; one hundred barrels of salt, and five hundred fish barrels, annually, for twenty years. 7th. One hundred and fifty thousand dollars, in goods and provisions, on the ratification of this treaty, to be delivered at Michilimackinac. Article Fifth. ThePayment of claims against the Indians. sum of three hundred thousand dollars shall be set apart tor the payment of just debts against the said Indians.
All claims for such debts shall be examined by a commissioner to be appointed by the President and Senate, who shall act under such instructions as may be given to him, by the order of the President, for the purpose of preventing the allowance of unjust claims. The investigation shall be made at Michilimackinac, and no claims shall be allowed, except such as were contracted by Indians living within the district of country hereby ceded, and to citizens or residents of the United States.
No claim shall be paid out of this fund unless the claimant will receive the sum allowed to him, as full payment of all debts, due to him by the said Indians. If the fund fall short of the full amount of just debts, then a ratable division shall be made. If it exceed such amount, the balance shall be paid over to the Indians, in the same manner, that annuities are required by law to be paid. TREATY WITH THE OTTAWAS, ETC. 1836.493 Article Sixth. TheProvision for hall-breeds, &c. said Indians being desirous of making provision for their half breed relatives, and the President having determined, that individual reservations shall not be granted, it is agreed, that in lieu thereof, the sum of one hundred and fifty thousand dollars shall be set apart as a fund for said half-breeds.
No person shall be entitled to any part of said fund, unless he is of Indian descent and actually resident within the boundaries described in the first article of this treaty, nor shall any thing be allowed to any such person, who may have received any allowance at any previous Indian treaty. The following principles, shall regulate the distribution. A census shall be taken of all the men, women, and children, coming within this article. As the Indians hold in higher consideration, some of their half-breeds than others, and as there is much difference in their capacity to use and take care of property, and, consequently, in their power to aid their Indian connexions, which furnishes a strong ground for this claim, it is, therefore, agreed, that at the council to be held upon this subject, the commissioner shall call upon the Indian chiefs to designate, if they require it, three classes of these claimants, the first of which, shall receive one-half more than the second, and the second, double the third.
Each man woman and child shall be enumerated, and an equal share, in the respective classes, shall be allowed to each. If the father is living with the family, he shall receive the shares of himself, his wife and children. If the father is dead, or separated from the family, and the mother is living with the family, she shall have her own share, and that of the children. If the father and mother are neither living with the family, or if the children are orphans, their share shall be retained till they are twenty-one years of age; provided, that such portions of it as may be necessary may, under the direction of the President, be from time to time applied for their support.
All other persons at the age of twenty-one years, shall receive their shares agreeably to the proper class. Out of the said fund of one hundred and fifty thousand dollars, the sum of five thousand dollars shall be reserved to be applied, under the direction of the President, to the support of such of the poor half breeds, as may require assistance, to be expended in annual instalments for the term of ten years, commencing with the second year. Such of the half-breeds, as may be judged incapable of making a proper use of the money, allowed them by the commissioner, shall receive the same in instalments, as the President may direct.
Article Seventh. InTwo additional blacksmiths, &c. consideration of the cessions above made, and as a further earnest of the disposition felt to do full justice to the Indians, and to further their well being, the United States engage to keep two additional blacksmith-shops, one of which, shall be located on the reservation north of Grand river, and the other at the Sault Ste. Marie. A permanent interpreter will be provided at each of these locations. It is stipulated to renew the present dilapidated shop at Michilimackinac, and to maintain a gunsmith, in addition to the present smith’s establishment, and to build a dormitory for the Indians visiting the post, and appoint a person to keep it, and supply it with fire-wood.
It is also agreed, to support two farmers and assistants, and two mechanics, as the President may designate, to teach and aid the Indians, in agriculture, and the mechanic arts. The farmers and mechanics, and the dormitory, will be continued for ten years, and as long thereafter, as the President may deem this arrangement useful and necessary; but the benefits of the other stipulations of this article, shall be continued beyond the expiration of the annuities, and it is understood that the whole of this article shall stand in force, and inure to the benefit of the Indians, as long after the expiration of the twenty years as Congress may appropriate for the objects. 494TREATY WITH THE OTTAWAS, ETC. 1836.
Article Eighth. It isLocations to be sought for; payment for improvements, &c. agreed, that as soon as the said Indians desire it, a deputation shall be sent to the west of the Mississippi, and to the country between Lake Superior and the Mississippi, and a suitable location shall be provided for them, among the Chippewas, if they desire it, and it can be purchased upon reasonable terms, and if not, then in some portion of the country west of the Mississippi, which is at the disposal of the United States.
Such improvements as add value to the land, hereby ceded, shall be appraised, and the amount paid to the proper Indian. But such payment shall, in no case, be assigned to, or paid to, a white man. If the church on the Cheboigan, should fall within this cession, the value shall be paid to the band owning it. The mission establishments upon the Grand river shall be appraised and the value paid to the proper boards. When the Indians wish it, the United States will remove them, at their expence, provide them a year’s subsistence in the country to which they go, and furnish the same articles and equipments to each person as are stipulated to be given to theAnte, p. 431.
Pottowatomies in the final treaty of cession concluded at Chicago. Article Ninth. WhereasPayment to half-breeds in lieu of reservations. the Ottawas and Chippewas, feeling a strong consideration for aid rendered by certain of their half-breeds on Grand river, and other parts of the country ceded, and wishing to testify their gratitude on the present occasion, have assigned such individuals certain locations of land, and united in a strong appeal for the allowance of the same in this treaty; and whereas no such reservations can be permitted in carrying out the special directions of the President on this subject, it is agreed, that, in addition to the general fund set apart for half-breed claims, in the sixth article, the sum of forty-eight thousand one hundred and forty-eight dollars shall be paid for the extinguishment of this class of claims, to be divided in the following manner;
To Rix Robinson, in lieu of a section of land, granted his Indian family, on the Grand river rapids, (estimated by good judges to be worth half a million,) at the rate of thirty-six dollars an acre: To Leonard Slater, in trust for Chiminonoquat, for a section of land above said rapids, at the rate of ten dollars an acre: To John A. Drew, for a tract of one section and three quarters, to his Indian family, at Cheboigan rapids, at the rate of four dollars; to Edward Biddle, for one section.to his Iridian family at the fishing grounds, at the rate of three dollars:
To John Holiday, for five sections of land to five persons of his Indian family, at the rate of one dollar and twenty-five cents; to .Eliza Cook, Sophia Biddle, and Mary Holiday, one section of land each, at two dollars and fifty cents: To Augustin Hamelin junr, being of Indian descent, two sections, at one dollar and twenty-five cents; to William Lasley, Joseph Daily, Joseph Trotier, Henry A. Levake, for two sections each, for their Indian families, at one dollar and twenty-five cents:
To Luther Rice, Joseph Lafrornbois, Charles Butterfield, being of Indian descent, and to George Moran, Louis Moran, G. D. Williams, for half-breed children under their care, and to Daniel Marsac, for his Indian child, one section each, at one dollar and twenty-five cents. Article Tenth. ThePayment to chiefs. sum of thirty thousand dollars shall be paid to the chiefs, on the ratification of this treaty, to be divided agreeably to a schedule hereunto annexed. Article Eleventh. TheAnnuities to two aged chiefs.
Ottowas having consideration for one of their aged chiefs, who is reduced to poverty, and it being known that he was a firm friend of the American Government, in that quarter, during the late war, and suffered much in consequence of his sentiments, it is agreed, that an annuity of one hundred dollars per annum shall be paid to Ningweegon or the Wing, during his natural life, in money or goods, as he may choose. Another of the chiefs of said nation, whoTREATY WITH THE OTTAWAS, ETC. 1836.495 attended the treaty of Greenville in 1793, and is now, at a very advanced age, reduced to extreme want, together with his wife, and the Government being apprized that he has pleaded a promise of Gen.
Wayne, in his behalf, it is agreed that Chusco of Michilimackinac shall receive an annuity of fifty dollars per annum during his natural life. Article Twelth. All expenses attending the journies of the Indians from, and to their homes, and their visit at the seat of Government, together with the expenses of the treaty, including a proper quantity of clothing to be given them, will be paid by the United States. Article Thirteenth. TheRight of hunting on lands ceded. Indians stipulate for the right of hunting on the lands ceded, with the other usual privileges of occupancy, until the land is required for settlement.
In testimony whereof, the said Henry R, Schoolcraft, commissioner on the part of the United States, and the chiefs and delegates of the Ottawa and Chippewa nations of Indians have hereunto set their hands, at Washington, the seat of Government, this twenty-eighth day of March, in the year one thousand eight hundred and thirty-six. HENRY R. SCHOOLCRAFT. Oroun Aishkum, of Maskigo, Wassangazo, of do. Osawya, of do. Wabi Windego, of Grand river, Megiss Ininee, of do. Nabun Ageezhig, of do.
Winnimissagee, of do. Mukutaysee, of do. Wasaw Bequm, of do. Ainse, of Michilimackinac, Chabowaywa, of do. Jawba Wadick, of Sault Ste. Marie, Waub Ogeeg, of do. Kawgayosh, of Sault Ste. Marie, by Maidosagee, Apawkozigun, of L’Arbre Croche, Keminitchagun, of do. Tawaganee, of do. Kinoshamaig, of do. Naganigobowa, of do. Oniasino, of do. Mukuday Benais, of do. Chingassarno, of do. Aishquagonabee, of Grand Traverse, Akosa, of do. Oshawun Epenaysee, of do. John Hulbert, Secretary.
Lucius Lyon. R. P. Parrott, Capt. U. S, Army. W, P. Zantzinger, Purser U. S. Navy. Josiah F. Polk. John Holiday. John A. Drew. Rix Robinson. Leonard Slater. Louis Moran. Augustin Hamelin, jr. Henry A. Levake. William Lasley. George W. Woodward. C. O. Ermatinger. To the Indian names are subjoined mark. Treaty 7 Stat. 495 *Schedule referred to, in the tenth article.* 1. TheChiefs entitled to $500 each. following chiefs constitute the first class, and are entitled to receive five hundred dollars each, namely:
On Grand river, Muccutay Osha, Namatippy, Nawequa Geezhig or Noon Day, Nabun Egeezhig son of Kewayguaboweqtia, Wahi Windego or the White Giant, Cawpemossay or the Walker, Mukutay Oquot or Black Cloud, Megis Inince or Wampum-man, Winnimissagee: on the Maskigo, Osawya. and Owun Aishcum; at L’Arbre Croche, Apawkozigtin, or Smoking Weed, Niso-wakeout, Keminechawgun; at Grand Travers, Aishquagonabee, or the Feather of Honor, Chabwossun, Mikenok: on the Cheboigan, Chingassamo, or the Big Sail; at Thunder-bay, Mujeekiwiss; on the Manistic North, Mukons Ewyau; at Oak Point on the straits, Ains: at the Chenos, Chabowaywa: at Sault Ste.
Marie, lawba Wadick and Kewayzi Shawano; at Tacquimenon, Kawgayosh; at Grand Island, Oshawun Epenaysee, or the South Bird. 2. TheChiefs entitled to $200 each. following chiefs constitute the second class, and are entitled to receive two hundred dollars each, namely: On Grand river, Keesha-496TREATY WITH THE OTTAWAS, ETC. 1836.owash, Nugogikaybee, Kewaytowaby, Wapoos or the Rabbit, Wabitouguaysay, Kewatondo, Zhaquinaw, Nawiqua Geezhig of Flat river, Keuaytinunk, Weenouga, Pabawboco, Windecowiss, Muccutay Penny or Black Patridge, Kaynotin Aishcum, Boynashing, Shagwabeno son of White Giant, Tushetowun, Keway Gooshcum the former head chief, Pamossayga; at L’Arbre Croche, Sagitondowa, Ogiman Wininee, Megisawba, Mukuday Benais; at the Cross, Nishcajininee, Nawamushcota, Pabamitabi, Kimmewun, Gitchy Mocoman; at Grand Traverse, Akosa, Nebauquaum, Kabibonocca; at Little Traverse, Miscomamaingwa or Red Butterfly, Keezhigo Benais, Pamanikinong, Paimossega; on the Cheboigan, Chonees, or Little John, Shaweenossegay; on Thunder bay, Suganikwato; on Maskigo, Wassangazo; on Ossigomico or Platte river, Kaigwaidosay; at Manistee, Keway Gooshcum: on river Pierre Markette, Saugima: at Saulte Ste.
Marie, Neegaubayun, Mukudaywacquot, Cheegud; at Carp river west of Grand island, Kaug Wyanais: at Mille Cocquin on the straits, Aubunway: at Michilimackinac, Missutigo, Saganosh, Akkukogeesh, Chebyawboas. 3. TheChiefs entitled to $100 each. following persons constitute the third class, and are entitled to one hundred dollars each, namely: Kayshewa, Penasee or Gun lake, Kenisoway, Keenabie of Grand river: Wasso, Mosaniko, Unwatin Oashcum, Nayogirna,Itawachkoehi, Nanaw Ogomoo, Gitchy, Peendowan or Scabbard, Mukons, Kinochimaig, Tekamosimo, Pewaywitum, Mudji Keguabi, Kewayaum, Paushkizigun or Big Gun, Onaausino, Ashijuabaywiss, Negaunigabowi, Petossegav, of L’Arbre Croche:
Poiees or Dwarf and Pamossay of Cheboigan: Gitchy Ganocquot and Pamossegay of Thunder bay: Tabusshy Geeshick aud Mikenok, of Carp river south of Grand Traverse; Wapooso, Kaubinau, and Mudjeekee of river Pierre Markucttc: Pubokway, Manitowaba, and Mishewatig, of White river: Shawun Epenaysee and Agausgee of Grand Traverse: Micqumisut, Chusco of Mackinac; Keeshkidjiwun, Waub Ojeeg, Aukudo, Winikis, Jaubeens, Maidosagee, Autya, Ishqungunaby, Shaniwaygwunabi son of Kakakee, Nittum Egabowi, Magisanikway, Ketekewegauboway, of Sault Ste.
Marie: Chegauzebe and Waubudo of Grand island: Ashegons, Kinuwais, Misquaonaby and Mongons of Carp and Chocolate rivers: Gitchy Penaisson of Grosse Tete, and Waubissaig of Bay de Nocquet: Kainwaybekis and Pazhikwaywitum of Beaver islands: Neezhick Epenais of the Alice: Ahdanima of Manistic: Mukwyou, Wahzahkoon, Oshawun, Oneshannocquot of the north shore of Lake Michigan: Nagauniby and Keway Gooshkum of the Chenos. HENRY R. SCHOOLCRAFT, *Commissioner*. supplement 7 Stat. 496 SUPPLEMENTAL ARTICLE.
To guardHow certain provisions in preceding articles are to be construed. against misconstruction in some of the foregoing provisions, and to secure, by further limitations, the just rights of the Indians, it is hereby agreed: that no claims under the fifth article shall be allowed for any debts contracted previous to the late war with Great Britain, or for goods supplied by foreigners to said Indians, or by citizens, who did not withdraw from the country, during its temporary occupancy by foreign troops, for any trade carried on by such persons during the said period.
And it is also agreed: that no person receiving any commutation for a reservation, or any portion of the fund provided by the sixth article of this treaty, shall be entitled to the benefit of any part of the annuities herein stipulated. Nor shall any of the half-breeds, or blood relatives of the said tribes, commuted with, under the provisionsTREATY WITH THE OTTAWAS, ETC. 1836.497 of the ninth article, have any further claim on the general commutation fund, set apart to satisfy reservation claims, in the said sixth article.
It is also understood, that the personal annuities, stipulated in the eleventh article, shall be paid in specie, in the same manner that other annuities are paid. Any excess of the funds set apart in the fifth and sixth articles, shall, in lieu of being paid to the Indians, be retained and vested by the Government in stock under the conditions mentioned in the fourth article of this treaty. In testimony whereof, the parties above recited, have hereunto set their hands, at Washington, the seat of Government, this thirty-first day of March, in the year one thousand eight hundred and thirty-six.
HENRY R. SCHOOLCRAFT. Owun Aishkum, of Maskigo, Wassangazo, of do. Osawya, of do. Wabi Windego, of Grand river, Megiss Ininee, of do. Nabun Ageezhig, of do. Ainse, of Michilimackinac, Chabowaywa, of do. Jauba Wadick, of Sault St. Marie. Waub Ogeeg, of do. Kawgayosh, of by Maidosagee, do. Apawkozigun, of L’Arbre Croche, Keminitchagun, of do. Tawaganee, of do. Kinoshamaig, of do. Naganigobowa, of do. Oniasino, of do. Mukuday Benais, of do. Chingassamoo, of Cheboigan, Aishquagonabee, of Grand Traverse, Akosa, of do.
Oshawun Epenaysee, of do. John Hulbert, Secretary. Robert Stewart, Wm. Mitchell, John A. Drew, Augustin Hamelin, jr., Rix Robinson, C. O. Er malinger. To the Indian names are subjoined marks. [Note.—The foregoing treaty, and supplementary article, was ratified and confirmed with the following amendments, as expressed in the resolution of the Senate: Article Two, line two, after the word, “tracts,” insert the following words, to wit: “for the term of five years from the date of the ratification of this treaty, and no longer unless the United States grant them permission to remain on said lands for a longer period.
Article Three, after the word “tracts,” in the second line, insert the following words, to wit: For the term of five years from the date of the ratification of this treaty, and no longer, unless the United States grant them permission to remain on said lands for a longer period. Article Four,—at the close thereof insert these words—“and also the sum of two hundred thousand dollars, in consideration of changing the permanent reservations in articles two and three to reservations for five years only, to be paid whenever their reservations shall be surrendered, and until that lime the interest on said two hundred thousand dollars shall be annually paid to the said Indians.
” Article Five—Strike out the whole article and insert the following: “The sum of three hundred thousand dollars shall be paid to the said Indians to enable them with the aid and assistance of their agent, to adjust and pay such debts ae they may justly owe, and the overplus if any to apply to such other use ns they may think proper. Article Eight—Strike out after the word “the” where it first occurs in line two, to the word “States,” in the eighth line, and insert in lieu thereof these words—“Southwest of the Missouri river, there to select a suitable place for the final settlement of said Indians, which country, so selected, and of reasonable extent, the United States will forever guaranty and secure to said Indians.
In the Eighth Article—Strike out all between the word “it” in the eleventh line, and the word “when” in the thirteenth line, and insert these words: “The nett proceeds of the sale of the one hundred and sixty acres of land, upon the Grand river, upon which the Missionary Society have erected their buildings, shall be paid to the said Society in lieu of the value of their said improvements.”] 1836-03-29 Treaty 7 Stat. 498 ARTICLES OF A TREATY March 29, 1836.Proclamation, June 4, 1836.*Made and concluded on Tippecanoe river in the State of Indiana between Abel C.
Pepper commissioner on the part of the United States and Wau-ke-wa Che-cose’s only son a Pottawatamy chief and his band, on the twenty-ninth, day of March, eighteen hundred and thirty-six.* Art. 1. TheCession of land to U. S. above named chief and his band hereby cede to the United States the four sections of land reserved for them by the second article of the treaty between the United States and the Pottawatamy Indians. Art. 2. TheIndians to remove within two years. above named chief and his band agree to yield peaceable possession of said land within three months from this date, and to remove to the country provided for the Pottawatamy nation west of the Mississippi river within two years, Art. 3.
InPayment for land ceded. consideration of the cession aforesaid the United States stipulate to pay the above named chief and his band twenty-five hundred and sixty dollars in specie at the first payment of annuity alter the ratification of this treaty. Art. 4. TheU. S. to pay expenses of this treaty. United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty. Art. 5. ThisTreaty binding when ratified. treaty shall be binding upon both the parties from the date of its ratification by the President and Senate of the United States. [Art. 6.
WhereasProvision in favor of Peter Warner. the above named chief and his band have sold to Peter Warner one half section of the said land, and have received in payment thereof two hundred dollars and said Warner’s note for two hundred dollars, and whereas the said Warner has expended in improvements on the said land about eight hundred dollars, and has a mill almost ready to go into operation, therefore it is the particular request of the aforesaid chief and his band that the deed which they have made and signed to Peter Warner for said half section of land may be ratified and confirmed.
If this article of this treaty shall be approved then four hundred dollars of the above named consideration shall be deducted, but if this sixth article of this treaty shall not be approved and ratified by the President and Senate of the United States it is expressly understood that the rejection thereof shall not viciate or make void any other article or stipulation of this treaty.]** This article was not ratified. In testimony whereof the said Abel C. Pepper, commissioner on the part of the United States, and the above named chief and head men have hereunto subscribed their games, the day and year above written.
ABEL C. PEPPER. Wau-ke-wa, Waw-was-tno-queh, widow of Che-cose, Te-shaw-gen, Mes-quaw, Pah-Siss, She-aw-ke-pee. Witnesses—C. Carter, Secty. Henry Ossein, Interpreter. To the Indian names are subjoined marks. 498 1836-04-11 Treaty 7 Stat. 499 ARTICLES OF A TREATY April 11, 1836.Proclamation, May 25, 1836.*Made and concluded at a camp on Tippecanoe river, in the State of Indiana, between Abel C. Pepper commissioner on the part of the United States, and Pau-koo-shuck, Aub-ba-naub-ba’s oldest son and the head men of Aub-ba-naub-ba’s band of Potawattimie Indians, this eleventh day of April in the year, eighteen hundred and thirty-six.* Article 1.
TheCession of land to U. S. aforesaid Pau-koo-shuck and the head men of Aub-ba-naub-ba’s band, hereby cede to the United States the thirty-six sec-tions of land reserved for them by the second article of the Treaty between the United States and the Potawattimie Indians on Tippecanoe river on the twenty-sixth day of October, in the year eighteen hundred and thirty-two, Art. 2. InConsideration therefor. consideration of the cession aforesaid, the United States stipulate to pay to the aforesaid band the sum of twenty-three thousand and forty dollars in specie, one half at the first payment of annuity, after the ratification of this Treaty, and the other half at the succeeding payment of annuity, Art. 3.
TheIndians to remove within two years. above-named Pau-koo-shuck and his band agree to remove to the country west of the Mississippi river, provided for the Potawattimie nation by the United States within two years, [Art. 4. At thePayment of debts duo by Indians. request of the above named band it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner,who shall be authorized to pay such debts of the said band as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the 2nd article of this treaty,—]** This article was not ratified.
Art. 5. ThisTreaty binding when ratified. Treaty, after the same shall be ratified by the President and Senate of the United States shall be binding upon both parties, In testimony whereof the said Abel C. Pepper commissioner as aforesaid, and the said Pau-koo-shuck and his band, have hereunto set their hands this eleventh day of April in the year of our Lord one thousand eight hundred and thirty-six. ABEL C. PEPPER. Wau-ke-wa, Waw-was-tno-queh, widow of Che-cose, Te-shaw-gen, Mes-quaw, Pah-Siss, She-aw-ke-pee.
Witnesses: —E. V. Cicott, secretary, Henry Ossem. Thos. Robb. Wm. Polka. Joseph Bamont, principal interpreter. Joseph Truckey. George W. Ewing. Cyrus Tober. To the Indian names are subjoined marks. 499 1836-04-22 Treaty 7 Stat. 500 ARTICLES OF A TREATY April 22, 1836.Proclamation, May 25, 1836.*Made and concluded at the Indian Agency, in the State of Indiana, between Abel C. Pepper, commissioner on the part of the United States and O-kah-mause, Kee-waw-nay, Nee-boash, and Mat-chis-jaw, chiefs and head men of the Patawattimie tribe of Indians and their bands, on the twenty-second day of April, in the year eighteen hundred and thirty-six.* Art. 1.
TheCession of land to the U. S. above named chiefs and head men and their bands, hereby cede to the United States, ten sections of land, reserved for them by the second article of the treaty, between the United States and the Patawattimie tribe of Indians,Ante, p. 394. on Tippecanoe river, on the 2Gth day of October, in the year 1832. Art. 2. InPayment therefor. consideration of the cession aforesaid, the United States stipulate to pay to the above-named chiefs and head men and their bands, the sum of six thousand four hundred dollars, at the first payment of annuity, after the ratification of this treaty.
Art. 3. TheIndians to remove within two years. above-named chiefs and head men and their bands agree to remove to the country west of the Mississippi river, provided for the Patawattimie nation by the United States, within two years. [Art. 4. At thePayment of debts due by Indians. request of the above named bands it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner, who shall be authorized to pay such debts of the said bands as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the second article of this treaty.]** This article was not ratified.
Art. 5. TheExpenses of treaty to be paid by U. S. United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty. Art. 6. ThisTreaty binding when ratified. treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties. In testimony whereof, the said Abel C. Pepper, commissioner as aforesaid, and the said chiefs and head men and their bands, have hereunto set their hands, this 22d day of April A.
D. 1836. ABEL C. PEPPER. Pash-po-ho, O-kaw-mause, Kee-waw-nee, Nee-boash, (or twisted bead,) I-o-weh, (or nation’s name,) Miss-no-qui, (female fish,) Kaw-che-noss, (the little,) Cho-quisa, (fishes entrails,) Ma-che-saw, (bleating fawn,) Waw-po-ko-ne-aw, (white night,) Ah-muck, Kohe-kah-me, Que-que-nuk. Witness:—Geo. W. Ewing. Cyrus Taber. J. B. Duret, sec’y. Peter Barron. Joseph Bamont, interpreter. To the Indian names are subjoined marks. 500 1836-04-22 Treaty 7 Stat. 501 ARTICLES OF A TREATY April 22, 1836.Proclamation, May 25, 1836.*Made and concluded at the Indian agency, in the Stale of Indiana between Abel C.
Pepper commissioner on the part of the United States, and Nas-waw-kee and Quash-quaw chiefs and head men of the Patawattimie tribe of Indians and their bands on the 22d day of April, 1836.* Art. 1. TheLand ceded to the U. S. above named chiefs and head men and their bands hereby cede to the United States three sections of land reserved for them by the second article of the treaty between the United States and the PatawattimieAnte, p. 394. tribe of Indians on Tippecanoe river on the 26th day of October, 1832.
Art. 2. InConsideration therefor. consideration of the cession aforesaid the United States stipulate to pay the above chiefs and head men and their bands nineteen hundred and twenty dollars at the first payment of annuity after the ratification of this treaty. Art. 3. TheIndiana to remove within two years. above named chiefs and head men and their bands agree to give possession of the aforesaid three sections of land, and remove to the country west of the Mississippi river provided by the United States for the Potawattimie nation of Indians within two years from this date. [Art. 4.
At thePayment of debts due by Indians. request of the above named chiefs and head men and their bands, it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner who shall be authorized to pay such debts of the said bands as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the 2d article of this treaty.]** This article was not ratified. Art. 5. TheExpenses of this treaty to be paid by U.
S. United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty. Art. 6. ThisTreaty binding when ratified. treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties. In testimony whereof, the said Abel C. Pepper, commissioner as aforesaid, and the said chiefs and head men and their bands, have hereunto set their hands this 22d day of April., A. D. 1836.
ABEL C. PEPPER. Quasli-quaw, Me-cos-ta, Nas-waw-kee, Wem-se-ko, Ah-quaush-she. Witnesses:—J. B. Duret, secretary to com’r. Joseph Bamont, interpreter. Cyrus Tober. Geo. W. Ewing. Peter Barron. To the Indian names are subjoined mark. 501 1836-04-23 Treaty 7 Stat. 502 ARTICLES OF A TREATY April 23, 1836.Proclamation, May 16, 1836.*Made and concluded between John A. Bryan, commissioner on the part of the United States, and William Walker, John Barnett, and Peacock, chiefs and principal men of the Wyandot tribe of Indians in Ohio, acting for and on behalf of the said tribe.* Art. 1.
TheLand ceded to the U. S. Wyandot tribe of Indians in Ohio cede to the United States a strip of land five miles in extent, on the east end of their reservation in Crawford county in said State—also, one section of land lying in Cranberry Swamp, on Broken Sword creek, being the one mile square specified and set forth in the treaty made with the said tribe on theAnte, p. 160. twenty-ninth day of September in the year of our Lord one thousand eight hundred and seventeen—also, one hundred and sixty acres of land, which is to be received in the place and stead of an equal quantity set apart in a supplemental treaty made with the said Indians on the seven-teenth day of September in the following year, all situate and being in the said county of Crawford.
Art. 2. TheTo be surveyed and sold. said five mile tract, as also the additional quantities herein set forth, are each to be surveyed as other public lands are surveyed by the Surveyor General, and to be sold at such time and place, allowing sixty days’ notice of the sale, as the President may direct. Art. 3. A RegisterA register and receiver to be appointed. and Receiver shall be appointed by the President and Senate, in accordance with the wishes of the delegation of chiefs, whose duties shall be similar to those of other Registers and Receivers.
They shall receive such compensation for services rendered, not exceeding five dollars per day for every day necessarily employed in the discharge of their duties, as the President may determine. Art. 4. AllExpenses to be defrayed out of the sale of the land. expenses incurred in the execution of this treaty, and in the sale of the lands included in it, shall be defrayed out of the funds raised therefrom, including such expenses and disbursements as may have been incurred by the delegation to Washington—and such allowance to individuals who have assisted in the negotiation, as the chiefs in council, after a full and fair investigation, may adjudge to be reasonable and just, shall in all cases be made.
Art. 5. SuchRoads, schools, &c. portion of the monies arising from the sales as the chiefs may deem necessary for the rebuilding of mills, repair and improvement of roads, establishing schools, and other laudable public objects for the improvement of their condition, shall be properly applied under their direction, and the remainder to be distributed among the individuals of said tribe as annuities are distributed. Art. 6. TheMoneys, how payable. monies raised by the sales of the lands for all the above mentioned objects, except the last, shall be paid by the Receiver on the order of the chiefs;—and such order, together with the receipt of the persons to whom payment shall be made, shall be the proper voucher for the final settlement of the accounts of the Receiver;—but the funds for the tribe shall be distributed by the Register and Receiver to each person entitled thereto.
Art. 7. By the 21st article of the treaty concluded at the foot of the rapids of the Miami of Lake Erie, dated the twenty-ninth day of Sep-502TREATY WITH THE CHIPPEWAS, ETC. 1836.503temberCertain former reservations to be sold, and the amount paid to the owners. in the year one thousand eight hundred and seventeen, and the schedule thereunto attached, there was granted to Daonquot, or half King, Rontondee, or Warpole, Tayarrontoyea, or Between the Logs, Danwawtout, or John Hicks, Mononcue, or Thomas, Tayondottauseh, or George Punch, Hondaua-waugh, or Matthews, chiefs of the Wyandot nation, two sections of land each, within the Wyandot reservation—The aforesaid chiefs, their heirs or legal representatives, are entitled to, and allowed one section of land each, in the above designated tract of five miles, to be selected by them previous to sale, and the same shall be sold as the other lands are sold, and they allowed to receive the respective sums arising from said sale.
Art. 8. If duringIndians may close the sale. the progress of the sale, the Indians are not satisfied with the prices at which the lands sell, the Register and Receiver shall, on the written application of the chiefs, close the sale, and report the proceedings to the War Department—and the President may appoint such other time for the sale as he may deem proper. Art. 9. TheAuthority of the President. President shall give such directions as he may judge necessary for the execution of this treaty, through the proper Departments of the Government.
Signed this twenty-third day of April in the year of our Lord one thousand eight hundred and thirty-six. JOHN A. BRYAN, *Com’r on the part of the U States*. Wm. Walker, John Barnett, —Peacock. In the presence of us, Jn. McLene, John McElvain. To the Indian names are subjoined mark. [Note.—This treaty was ratified upon this condition, expressed in the resolution of the Senate, which condition is as follows: “*Provided,* That after the word ‘moneys,’ in the fifth article, the following words shall be inserted therein: ‘*not exceeding twenty thousand dollars.’”* 1836-05-09 Treaty 7 Stat. 503 ARTICLES OF A TREATY May 9, 1836.Proclamation, May 25, 1836.*Made at Washington in the District of Columbia on the ninth day of May in the year of our Lord one thousand eight hundred and thirty-six, between Henry R.
Schoolcraft, commissioner on the part of the United States and the chiefs of the Swan-creek and Black-river bands of the Chippewa nation, residing within the limits of Michigan.* Whereas certain reservations of land were made to the said bands of Indians in the treaty concluded at Detroit on the 17th of NovemberAnte, p. 105. 1807, and these reservations after having been duly located, under the authority of the Government, have remained in their possession and occupancy to the present time: and whereas’ the said Indians actuated by considerations affecting their permanent improvement and happiness, are desirous of fixing their residence at some point more favorable to these objects, and have expressed their wishes to dispose of the same and authorized their chiefs to proceed to Washington for the purpose504TREATY WITH THE CHIPPEWAS, ETC. 1836. of making the necessary arrangement:
It is therefore, after mature deliberation on their part, agreed as follows. Article 1. TheTracts ceded to the U. S. Swan-creek and Black-river bands of Chippewas cede to the United States the following tracts, namely: One tract of three miles square, or five thousand seven hundred and sixty acres on Swan-creek of Lake St. Clair: One tract of one section and three quarters near Salt creek of said lake: One tract of one-fourth of a section at the mouth of the river Au Vaseau contiguous to the preceding cession: and one tract of two sections near the mouth of Black-river of the river St.
Clair, estimated to contain, in the aggregate, eight thousand three hundred and twenty acres, be the same more or less. Article 2. In considerationProceeds of sale to be paid to the Indians. of the foregoing cessions, the United States agree to pay to the said Indians the nett proceeds of the sale thereof, after deducting the cost of survey and sale and the contingent expenses attending the treaty. The lands shall be surveyed and offered for sale in the usual manner, at the land office in Detroit, as soon as practicable after the ratification of this treaty.
A special account shall be kept at the Treasury of the amount of the sales of the said lands, and after deducting therefrom the sums hereafter stipulated, to be advanced by the United States, ten thousand dollars shall be retained by the Treasury, and shall be paid to the said Indians in annuities of one thousand dollars a year for ten years; and the residue of the fund shall be vested by the Secretary of the Treasury in the purchase of some State stock, the interest of which shall be annually paid to the said Indians like other annuities:
Provided, That if at any time hereafter the said Indians shall desire to have the said stock sold, and the proceeds paid over to them, the same may be done, if the President and Senate consent thereto. Article 3. TheAdvance to be made by U. S. United States will advance to said Indians on the ratification of this treaty, to be deducted from the avails of the lands, the sum of two thousand five hundred dollars, and also goods to the value of four thousand dollars to be purchased in New York and delivered in bulk, at their expense, to the proper chiefs at Detroit, or at such point on Lake St.
Clair as the chiefs may request: together with the expenses of the treaty, the journeys of the Indians to and from Washington and their subsistence and other expenses at the seat of Government. Article 4. TheLand west of the Mississippi to be furnished. United States will furnish the said Indians, eight thousand three hundred and twenty acres or thirteen sections of land, west of the Mississippi or northwest of St. Anthony’s Falls, to be located by an agent or officer of the Government, and the evidence of such location shall be delivered to the chiefs.
In testimony whereof the said Henry R. Schoolcraft, commissioner as aforesaid, and the undersigned chiefs of the said bands of Chippewas have hereunto set their hands, at Washington, the seat of Government, the day and year above expressed. HENRY R. SCHOOLCRAFT. Esh-ton-o-quot, or Clear Sky, Nay-gee-zhig, or Driving Clouds, May-zin, or Checkered, Kee-way-gee-zhig, or Returning Sky. In presence of Samuel Humes Porter, secretary. Stephens T. Mason, gov. of Michigan. Lucius Lyon.
John Holliday, interpreter. Joseph F. Mursac. George Moran. To the Indian names are subjoined mark. 1836-08-05 Treaty 7 Stat. 505 ARTICLES OF A TREATY Aug. 5, 1836.Proclamation, Feb. 18, 1837.*Made and concluded at a camp near Yellow river, in the State of Indiana, between Abel C. Pepper, commissioner on the part of the United States and Pe-pin-a-wuw, No-taw-kah & Mac-kah-tah-mo-ah, chiefs and headmen of the Potawattimie tribe of Indians, and their bands on the fifth day of August in the year eighteen hundred and thirty-six.* Art. 1st.
TheLand ceded to the U. S. above named chiefs and headmen and their bands hereby cede to the United States twenty-two sections of land reserved for them by the second article of the treaty between the United States and the Potawattimie tribe of Indians on TippecanoeAnte, p. 394. river, on the twenty-sixth day of October in the year eighteen hundred and thirty-two Art. 2d. In considerationPayment therefor. of the cession aforesaid, the United States stipulate to pay to the above named chiefs and headmen arid their bands, the sum of fourteen thousand and eighty dollars in specie after the ratification of this treaty, and on or before the first day of May next ensuing the date hereof.
Art. 3d. TheIndians to remove within two years. above named chiefs and headmen and their bands agree to remove to the country west of the Mississippi river, provided for the Potawattimie nation by the United States within two years. Art. 4th. At thePayment of Indian debts. request of the above named band it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner, who shall be authorized to pay such debts of the said band as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the second article of this treaty.
Art. 5th. TheU. S. to pay expenses of making treaty. United States stipulate to provide for the payment of the necessary expences attending the making and concluding this treaty. Art. 6th. ThisTreaty binding when ratified treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties. In testimony whereof the said Abel C, Pepper commissioner as aforesaid, and the said chiefs and headmen and their bands, have hereunto set their hands this fifth day of August, in the year of our Lord one thousand eight hundred and thirty-six.
A. C. PEPPER. Pee-pin-ah-waw, No-taw-kah, Mack-kah-tah-mo-may, Wi-aw-koos-say, Te-cum-see, Pam-bo-go, Mup-paw-hue, See-co-ase, Co-quah-wah, Quah-taw, Kaw-kawk-kay, Pis-saw, Nas-waw-kay. *Proper chiefs of the Wabash Patawattimies* Pash-po-ho, I-o-wah 505506TREATY WITH THE CHIPPEWAS, ETC. 1836. O-kah-maus, Jo-quiss, We-wis-sah, Nas-waw-kah, Ash-kum, Ku-waw-nay, Nu-bosh, Pah-siss, Mat-chis-saw, Mas-saw, Me-shaw-ki-to-quah. Witnesses:—J. B. Duret, Seely. E. O. Cicott. Geo. W. Ewing.
Jos. Barron, Interpreter. To the Indian names are subjoined mark. 1836-09-03 Treaty 7 Stat. 506 ARTICLES OF AGREEMENT Sept. 3, 1836.Proclamation, Feb. 15, 1837.*Made and concluded at Cedar Point, on Fox river, near Green bay, in the Territory of Wisconsin, this third day of September in the year of our Lord one thousand eight hundred and thirty-six between Henry Dodge, Governor of said Territory of Wisconsin, commissioner on the part of the United States, on the one part; and the chiefs and head men of the Menomonie nation of Indians, of the other part.* Article first.
TheLande ceded to the U. S. said Menomonie nation agree to cede to the United States, all of that tract or district of country included within the following boundaries, viz. Beginning at the mouth of Wolf river, and running up and along the same, to a point on the north branch of said river where it crosses the extreme north or rear line of the live hundred thousand acre tract heretofore granted to the New York Indians: thence following the line last mentioned, in a northeastwardly direction, three miles: thence in a northwardly course, to the upper forks of the Menomonie river, at a point to intersect the boundary line between the Menomonie and Chippewa nation of Indians: thence following the said boundary line last mentioned, in an eastwardly direction as defined and establishedAnte, p. 303. by the treaty of the Little Bute des Mort, in 1827, to the Smooth rock or Shos-kin-aubie river: thence down the said river to where it empties into Green bay, between the Little and Great Bay de Noquet: thence up and along the west side of Green bay, (and including all the islands therein, not heretofore ceded) to the mouth of Fox river: thence up and along the said Fox river, and along the west side of Winnebago lake (including the islands therein) to the mouth of Fox river, where it empties into said lake: thence up and along said Fox river to the place of beginning.
(saving and reserving out of the district of country above ceded and described, all that part of the five hundred thousandAnte, p. 342.Ante, p. 405. acre tract, granted by the treaties between the Menomonies and the United States, made on the eighth day of February A. D. 1831, and on the twenty-seventh day of October A. D. 1832, which may be situated within the boundaries hereinbefore described,) the quantity of land contained in the tract hereby ceded, being estimated at about four millions of acres.
AndFurther cession. the said Menomonie nation do further agree to cede and relin-quish to the United States all that tract or district of country lying upon the Wisconsin river, in said Territory; and included within the follow-ing boundaries; viz—Beginning at a point upon said Wisconsin river two miles above the grant or privilege heretofore granted by said nation and the United States, to Amable Grignon; thence running up and along said river forty-eight miles in a direct line: and being three milesTREATY WITH THE MENOMONIES. 1836.507 in width on each side of said river; this tract to contain eight town-ships or one hundred and eighty-four thousand three hundred and twenty acres of land.
Article second. In considerationConsideration therefor. of the cession of the aforesaid tract of land, the United States agree to pay to the said Menomonie nation, at the lower end of Wah-ne-kun-nah lake in their own country, the sum of twenty-three thousand seven hundred and fifty dollars,** See note on p. 509. per annum for the term of twenty years. TheProvisions, &c. to be supplied. United States further agree to pay and deliver to the said Indians, each and every year during the said term of twenty years, the following articles—Three thousand dollars worth of provisions; two thousand pounds of tobacco; thirty barrels of salt; also the sum of five hundred dollars, per year, during the same term, for the purchase of farming utensils, cattle, or implements of husbandry, to be expended under the direction of the superintendant or agent.
Also to appointBlacksmiths. and pay two blacksmiths to be located at such places as may be designated by the said superintendant or agent, to erect (and supply with the necessary quantity of iron, steel, and tools) two blacksmith shops; during the same term. TheDebts to be paid. United States shall also pay the just debts of the said Menomonie Indians, agreeably to the schedule hereunto annexed, amounting to the sum of ninety-nine thousand seven hundred and ten dollars and fifty cents.** See note on p. 509. ** See note on p. 509.ThePayments to R.
Grignon. sum of one thousand dollars, per annum having been included, by the commissioner in his proposition for the purchase of the above land (which sum was to be applied to the education of the Indian youth;) and the said Indians having declared that they were not desirous of ap-plying that sum to the aforesaid purpose; and that they wished to give that amount to their friend and relation Robert Grignon; for valuable services rendered by him to their nation; therefore the United States do agree to pay to the said Robert Grignon, the sum of one thousand dollars each year during the said term of twenty years.
AndProvision for persons of mixed blood. whereas the said Indians are desirous of making some provision and allowance to their relatives and friends of mixed blood; the United States do further agree to pay the sum of eighty thousand dollars, to be divided among al] such persons of mixed blood as the chiefs shall hereafter designate: said sum to be apportioned and divided under the direction of a commissioner to be appointed by the President. Article third. TheU. S. released from certain provisions of treaty of 1831 and 1832. said Menomonie nation do agree to release the United States from all such provisions of the treaty of 1831 and 1832, aforesaid, as requires the payment of farmers, blacksmiths, millers &,c.
They likewise relinquish all their right under said treaty to appropriation for education, and to all improvements made or to be made upon their reservation on Fox river and Winnebago lake; together with the cattle, farming utensils or other articles furnished or to be furnish[ed] to them under said treaty. Article 4th. TheAnnuities to be paid yearly. above annuities shall be paid yearly and every year, during the said term, in the month of June or July, or as soon thereafter as the amount shall be received; and the said Menomonie nation do agree to remove from the country ceded, within one year after the ratification of this treaty:
ThisTreaty binding when ratified. treaty shall be binding and obligatory on the contracting par-ties, as soon as the same shall be ratified by the President and Senate of the United States. 508TREATY WITH THE MENOMONIES. 1836. Done at Cedar Point, in said Territory of Wisconsin this third day of September in the year of our Lord one thousand eight hundred and thirty-six, and in the year of the Independence of the United States the sixty-first. H. DODGE. Osh-kosh, Aya-ma-taw, Ko-ma-ni-kin, Wain-e-saut, Kee-sis, Carron-Glaude, Say-ga-toke, Shee-o-ga-tay, Wah-pee-min, Isk-ki-ninew, Ko-ma-ni-kee-no-shah, Wah-bee-ne-mickee, Shee-pan-ago, Maw-baw-so, Chin-nay-pay-mawly, Chee-chee-go-waw-way, Shoneon, Et-chee-kee, Pee-a-tum, Pay-maw-ba-may, Ah-kah-mute, Pah-mun-a-kut, Chee-kah-ma-ke-shir, Wah-kee-che-un.
Signed and sealed in the presence of Henry S. Baird, Secretary to the Commis-sioner. George Boyd, United States Indian Agent. Charles A. Grignon, Sworn In-terpreter. William Powell, Sworn Interpreter. George M. Brooke, Bt. Brigir. Genl. R. E. Clary, U. S. Army. D. Jones. John P. Arndt. Chas. R. Brush. Louis Philipson. L. Grignon. Agt. Grignon. Samuel Ryan. William Bruce. John Drake. David Blish, jr. J. Jourdain. T. T. Porlier. To the Indian names are subjoined marks. Treaty 7 Stat. 508 *Schedule.* It isClaims to be paid by U.
S. agreed on the part of the United States, that the following claims shall be allowed and paid, agreeably to the second article of the foregoing treaty, viz: To John Lawe, twelve thousand five hundred dollars; Augustine Grignon ten thousand dollars; William Powell and Robert Grignon four thousand two hundred and fifty dollars; Charles A. Grignon ten thousand dollars; John Lawe & Co., six thousand dollars; Walter T. Webster one hundred dollars; John P. Arndt five hundred and fifty dollars;
William Farnsworth and Charles R, Brush two thousand five hundred dollars; James Porlier, seven thousand five hundred dollars; Heirs of Louis Beaupre one thousand five hundred dollars; Dominick Brunette two hundred and thirty-one dollars and fifty cents; Alexander J. Irwin, one thousand two hundred and fifty dollars; American Fur Co. (western outfit) four hundred dollars; Charles Grignon one thousand two hundred dollars; Joseph Rolette one thousand seven hundred and fifty dollars;
Charles A. and Alexander Grignon seven hundred and fifty dollars; James Reed seven hundred dollars; Peter Powell one thousand seven hundred and fifty dollars; Paul Grignot; five thousand five hundred dollars; William Dickinson three thousand dollars; Robert M. Eberts seventy-four dollars; Joseph Jourdain fifty dollars; James Knaggs five hundred and fifty dollars ($550;) Ebenezer Childs two hundred dollars; Lewis Rouse five thousand dollars; William Farnsworth two thousand five hundred dollars;
TREATY WITH THE MENOMONIES. 1836.509 Saml. Irwin & Geo. Boyd jr. one hundred and five dollars; Aneyas Grignon two thousand five hundred dollars; Pierre Grignon deed, by Rob. & Peter B. Grignon six thousand dollars; Stanislius Chappue one hundred dollars; John Lawe one thousand two hundred dollars; William Dickinson two hundred and fifty dollars; Stanislius Chappue two thousand five hundred dollars; Lewis Grignon seven thousand two hundred and fifty dollars. H. DODGE, *Commissioner*.
All the above accts were sworn to before me the 3d day of September 1836. JOHN P. ARNDT, *A Justice of the Peace*. [Note.—This treaty was ratified with the following amendments thereto, as expressed in the aforesaid resolution of the Senate: After the word “country” in line 4 of article 2d strike out the words “the sum of twenty-three thousand seven hundred and fifty.” and insert the following words in lieu thereof—or at such other place as may be designated by the President of the United States, the sum of twenty thousand.
After the word “cents,” at the end of the third paragraph of the second article, in-sert the following words. *Provided, always.* That no part or portion of said debts shall be paid until the validity and justice of each of them, shall have been inquired into by the Superintendent of Indian Affairs, who shall in no instance increase the amount spe-cified in said schedule, but who shall allow the sum specified, reject it entirely, or reduce it as upon examination and proof may appear just, and if any part of said sum is left after paying said debts so adjudged to be just, thon such surplus shall be paid to the said Indians for their own use.
Strike out the fourth paragraph of the second article in the following words: “Tho sum of one thousand dollars per annum having been included by the commissioner, in his proposition for the purchase of the above land (which sum was applied to the edu-cation of the Indian youth) and the said Indians having declared that they were not desirous of applying that sum to the aforesaid purpose, and that they wished to give that amount to their friend and relation Robert Grignun, for valuable services rendered by him to their nation, therefore, the United States do agree to pay to the said Robert Grignon the sum of one thousand dollars, each year, during the said term of twenty years.
” At the end of the second article insert the following proviso: *Provided, always.* That no person shall be entitled to any part of said fund, unless he is of Indian descent and actually resident within the boundaries described in the first article of this treaty, nor shall any thing be allowed to any such person who may have received any allowance under any previous treaty. The portions of this fund allowed by the commissioner to those half-breeds who are orphans, or poor or incompetent to make a proper use thereof, shall be paid to them in instalments or otherwise as the President may direct.
At the end of the third article insert the following words: And in consideration of said release and relinquishment, the United States stipulate and agree that the sum of seventy-six thousand dollars shall be allowed to the said Indians, and this sum shall be invested in some safe stock and the interest thereof as it accrues shall also be so vested until such time as in the judgment of the President, the income of the aggregate sum can lie usefully applied to the execution of the provisions in the said fourth article, or to some other purposes beneficial to the said Indians.] 1836-09-10 Treaty 7 Stat. 510 CONVENTION WITH THE SIOUX OF WA-HA-SHAW’S TRIBE.
InSept. 10, 1836.Proclamation, Feb. 15, 1837. a convention held this tenth day of September 1836, between Col. Z. Taylor Indian Agent, and the chiefs, braves, and principal men of the Sioux of Wa-ha-shaw’s tribe of Indians, it has been represented, that according to the stipulations of the first article of the treaty of PrairieAnte, p. 328. du Chien, of the 15th July 1830, the country thereby ceded is “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.” and, whereas, it is further represented to us, the chiefs, braves, and principal men of the tribe aforesaid, to be desirable that the lands lying between the State of Missouri and the Missouri river should be attached to, and become a part of said State, and the Indian title thereto be ex-tinguished but that, notwithstanding, as these lands compose a part of the country embraced by the provisions of said first article of the. treaty aforesaid, the stipulations thereof will be strictly observed, until the assent of the Indians interested, is given to the proposed measure.
NowLands ceded to the U. S, we, the chiefs, braves, and principal men of the above named tribe of Indians, fully understanding the subject, and well satisfied from the local position of the lands in question that they can never be made available for Indian purposes, and that an attempt to place an Indian population on them must inevitably lead to collisions with the citizens of the United States; and further believing that the extension of the State line in the direction indicated, would have a happy effect, by pre-senting a natural boundary between the whites and Indians: and, willing moreover, to give the United States a renewed evidence of our attachment & friendship, do hereby for ourselves, and on behalf of our respective tribes, (having full power and authority to this effect) forever cede, relinquish, and quit claim to the United States, all our right, title and interest of whatsoever nature in, and to, the lands lying between the State of Missouri and the Missouri river, and do freely and fully exonerate the United States from any guarantee, condition, or limitation, expressed or implied under the treaty of Prairie du Chien aforesaid or otherwise, as to the entire and absolute disposition of the said lands, fully authorizing the United States to do with the same whatever shall seem expedient or necessary.
In testimony whereof, we have hereunto set our hands and seals, the day and year above written. Sau-tabe-say-wa-ha-shaws’ son, Wau-kaun-hendee-oatah, Nau-tay-sah-pah, Mauk-pee-au-cat-paun, Hoo-yah, the Eagle. Executed in presence of H. L. Dousman. W. R. Jouett, Capt. 1st inf’y. J. M. Scott, Lieut. 1st inf’y. Geo. H. Pegram, Lt. 1st inf. To the Indian names are subjoined mark. As a proofPresents to be made by U. S. of the continued friendship and liberality of the United States towards the above named tribe of Indians, and as an evidence of the sense entertained for the good will manifested by said tribes to the citizens and Government of the United States, as evinced in the preceding cession or relinquishment, the undersigned agrees on behalf of510TREATY WITH THE IOWAS, ETC. 1836.511 the United States, to cause said tribes to be furnished with presents to the amount of four hundred dollars—in goods or in money.
In testimony whereof I have hereunto set my hand and seal this tenth day of September 1836. Z. TAYLOR *Col U. S. Army & Actg. U. S. Indian Agent*. 1836-09-17 Treaty 7 Stat. 511 ARTICLES OF A TREATY, Sept. 17, 1836.Proclamation, Feb. 17, 1837.*Made and concluded at Fort Leavenworth, on the Missouri river, between William Clark, Superintendent of Indian Affairs, on the part of the United States, of the one part, and the undersigned chiefs, warriors, and counsellors of the Ioway tribe and the band of Sacks and Foxes of the Missouri, (residing west of the State of Missouri,) in behalf of their respective tribes, of the other part.* Article 1.
By theTreaty of July 15, 1830.Ante, p. 328. first article of the treaty of Prairie du Chien, held the fifteenth day of July eighteen hundred and thirty, with the confederated tribes of Sacks, Foxes, Ioways, Omahaws, Missourias, Ottoes, and Sioux, the country ceded to the United States by that treaty, is to be assigned and allotted under the direction of the President of the United States to the tribes living thereon, or to such other tribes as the President may locate thereon for hunting and other purposes.—And whereas it is further represented to us the chiefs, warriors, and counsellors of the Ioways and Sack and Fox band aforesaid, to be desirable that the lands lying between the State of Missouri and the Missouri river, should be attached to and become a part of said State, and the Indian title thereto, be entirely extinguished; but that, notwithstanding, as these lands compose a part of the country embraced by the provisions of said first article of the treaty aforesaid, the stipulations thereof will be strictly observed until the assent of the Indians interested is given to the proposed measure.
Now weLands ceded to the U. S. the chiefs, warriors, and counsellors of the Ioways, and Missouri band of Sacks and Foxes, fully understanding the subject, and well satisfied from the local position of the lands in question, that they never can be made available for Indian purposes, and that an attempt to place an Indian population on them, must inevitably lead to collisions with the citizens of the United States; and further believing that the extension of the State line in the direction indicated would have a happy effect, by presenting a natural boundary between the whites and Indians; and willing, moreover, to give the United States a renewed evidence of our attachment and friendship, do hereby for ourselves, and on behalf of our respective tribes, (having full power and authority to this effect,) forever cede, relinquish, and quit claim, to the United States, all our right, title, and interest of whatsoever nature in, and to, the lands lying between the State of Missouri and the Missouri river; and do freely and fully exonerate the United States from any guarantee; condition or limitation, expressed or implied, under the treaty of Prairie du Chien aforesaid, or otherwise, as to the entire and absolute disposition of the said lands, fully authorizing the United States to do with the same whatever shall seem expedient or necessary.
As a proof of the continued friendship and liberality of the United512TREATY WITH THE IOWAS, ETC. 1836. StatesU. S. to pay ns a present, $7,500. towards the Ioways and band of Sacks and Foxes of the Missouri, and as an evidence of the sense entertained for the good will manifested by said tribes to the citizens and Government of the United States, as evinced in the preceding cession or relinquishment, the undersigned, William Clark, agrees on behalf of the United States, to pay as a present to the said Ioways an 1 band of Sacks and Foxes, seven thousand five hundred dollars in money, the receipt of which they hereby acknowledge.
Article 2. As theLand assigned to Indians south of the Missouri river. said tribes of Ioways and Sacks and Foxes, have applied for a small piece of land, south of the Missouri, for a permanent home, on which they can settle, and request the assistance of the Government of the United States to place them on this land, in a situation at least equal to that they now enjoy on the land ceded by them; Therefore I, William Clark, Superintendent of Indian Affairs, do further agree on behalf of the United States, to assign to the Io way tribe, and Missouri band of Sacks and Foxes, the small strip of land on the south side of the Missouri river, lying between the Kickapoo northern boundary line and the Grand Nemahar river, and extending from the Missouri back and westwardly with the said Kickapoo line and the Grand Nemahar, making four hundred sections; to be divided between the said Ioways and Missouri band of Sacks and Foxes, the lower half to the Sacks and Foxes, the upper half to the Ioways.
Article 3. TheU. S. to erect houses, enclose ground, furnish a farmer, &c. Ioways and Missouri band of Sacks and Foxes further agree, that they will move and settle on the lands assigned them in the above article, as soon as arrangements can be made by them; and the undersigned William Clark, in behalf of the United States, agrees, that as soon as the above tribes have selected a site for their villages, and places for their fields, and moved to them, to erect for the Ioways five comfortable houses, to enclose and break up for them two hundred acres of ground; to furnish them with a firmer, a blacksmith, schoolmaster, and interpreter, as long as the President of the United States may deem proper; to furnish them with such agricultural implements as may be necessary, for five years; to furnish them with rations for one year, commencing at the time of their arrival at their new homes; to furnish them with one ferry-boat; to furnish them with one hundred cows and calves and five bulls, and one hundred stock hogs when they require them; to furnish them with a mill, and assist in removing them, to the extent of five hundred dollars.
And to erect for the Sacks and Foxes three comfortable houses; to enclose and break up for them two hundred acres of ground; to furnish them, with a farmer, blacksmith, schoolmaster, and interpreter, as long as the President of the United States may deem proper; to furnish them with such agricultural implements as may be necessary, for five years; to furnish them with rations for one year, commencing at the time of their arrival at their new home; to furnish them with one ferry-boat; to furnish them with one hundred cows and calves and five bulls, one hundred stock hogs when they require them; to furnish them with a mill; and to assist in removing them, to the extent of four hundred dollars.
Article 4. ThisTreaty binding when ratified. treaty shall be obligatory on the tribes, parties hereto, from and after the date hereof, anti on the United States from and after its ratification by the Government thereof. Done and signed and sealed at Fort Leavenworth, on the Missouri, this seventeenth day of September, one thousand eight hundred and thirty-six, and of the Independence of the United States the sixty-first. WM. CLARK, *Su. In. Afs*. TREATY WITH THE POTTAWATIMIES. 1836.513 *Ioways.* Mo-hos-ca (or White Cloud) Nau-che-Ning (or No Heart) Wa-che-mo-ne (or the Orator) Ne-o-mo-ne (or Raining Cloud) Mau-o-mo-ne (or Pumpkin) Congu (or Plumb) Wau-thaw-ca-be-chu (one that eats raw) Ne-wau-thaw-chu (Hair Shedder) Mau-hau-ka (Bunch of Arrows) Cha-tau-the-ne (Big Bull) Cha-tea-thau (Buffalo Bull) Cha-ta-ha-ra-wa-re (Foreign Buffalo) *Sacs and Foxes.* Cau-ca-car-mack (Rock Bass) Sea-sa-ho (Sturgeon) Pe-a-chin-a-car-mack, (Bald-headed Eagle) Pe-a-chin-a-car-mack, jr., (Bald-headed Eagle) Ca-ha-Qua (Red Fox) Pe-shaw-ca
(Bear)Po-cau-ma
(Deer)Ne-bosh-ca-wa
(Wolf)Ne-squi-in-a
(Deer)Ne-sa-au-qua
(Bear)Qua-co-ou-si
(Woll)Se-quil-la
(Deer)As-ke-pa-ke-ka-as-a (Green Lake) Wa-pa-se
(Swan)No-cha-taw-wa-ta-sa (Star.) Witnesses:—S. W. Kearney, Col. 1st Regt. Drags. Jno. Dougherty, Ind. Agt. Andrew S. Hughes, Sub-Agent George R. H. Clark. William Duncan, Indian Farmer. Jos. V. Hamilton, Sutler Dragoons. H. Robed ou, jr. Win, Bowman, Sergt Maj. 1 Drags. Jeffrey Dorion, Sworn Interpreter. Peter Cadue, Sworn Interpreter. Jacques Mette, Interpreter U. S. Louis M. Darrion. To the Indian names are subjoined a mark and seal. 1836-09-20 Treaty 7 Stat. 513 ARTICLES OF A TREATY Sept. 20, 1836.Proclamation, Feb. 18, 1837.*Made and concluded at Chippewanaung in the State of Indiana, between Abel C. Pepper, commissioner on the part of the United States, and To-i-sa’s brother Me-mat-way and Che-quaw-ka-ko, chiefs and headmen of the Patawattimie tribe of Indians and their band on the twentieth day of September, in the year eighteen hundred and thirty-six.* Art. 1. TheLand ceded ta the U. S. above-named chiefs and headmen and their band hereby cede to the United States, ten sections of land reserved for them by the second article of the treaty between the United States, and the Patawattimie tribe of Indians,Ante, p. 399. on Tippecanoe river, on the 27th day of October, in the year 1832. Art. 2. InPayment therefor. consideration of the cession aforesaid the United States stipulate to pay the above-named chiefs and headmen and their band the sum of eight thousand dollars on or before the first day of May next. Art. 3. TheIndians to remove within two years. above-named chiefs and headmen and their band agree to remove to the country west of the Mississippi river, provided for the Patawattimie nation by the United States, within two years. Art. 4. At thePayment of Indian debts. request of the above-named band, it is stipulated that after the ratification of this treaty the United States shall appoint a commissioner who shall be authorized to pay such debts of the said band as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the second article of this treaty. Art. 5. TheU. S. to pay expenses of making treaty. United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty. Art. 6. ThisObligatory when ratified. treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties. 514TREATY WITH THE POTTAWATIMIES. 1836. In testimony whereof, the said Abel C. Pepper, commissioner as aforesaid, and the said chiefs and headmen and their band have hereunto set their hands this twentieth day of September, in the year eighteen hundred and thirty-six. ABEL C. PEPPER. We-we-sah, or To-i-sa’s brother, Me-mot-way, Che-quaw-ka-ko, Min-tom-in, Shaw-gwok-skuk, Mee-kiss, or Kawk’s widow. Witnesses:—J. B. Duret, Secty. Allen Hamilton. Cyrus Taber. Geo. W. Ewing. James Moree. Abram Burnett. To the Indian names are subjoined mark. 1836-09-22 Treaty 7 Stat. 514 ARTICLES OF A TREATY Sept. 22, 1836.Proclamation, Feb. 16, 1837.*Made and concluded at Chippewanaung—in the State of Indiana between A. C. Pepper, commissioner on the part of the United States and Mosack, chief of the Potawattimie tribe of Indians and his band, on the twenty-second day of September, in the year eighteen hundred and thirty-six.* Art. 1. TheLand ceded to the U. S. above-named chief and his band hereby cede to the United States four sections of land reserved for him and his band by the 2nd article of the treaty between the United States, and the Potawattimie tribeAnte, p. 399. of Indians, on Tippecanoe river, on the 27th day of October, in the year eighteen hundred and thirty-two. Art. 2nd. InPayment therefor. consideration of the cession aforesaid, the United States stipulate to pay the above-named chief and his band the sum of three thousand two hundred dollars, on or before the first of May next. Art. 3d. TheIndians to remove within two years. above-named chief and his band agree to remove to the country west of the Mississippi river provided for the Potawattimie nation by the United States within two years. Art. 4. At thePayment of Indian debts. request of the above-named chief and his band, it is stipulated that after the ratification of this treaty the United States shall appoint a commissioner who shall be authorized to pay such debts of the said band as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the second article of this treaty. Art. 5. TheU. S. to pay expenses of making treaty. United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty. Art. 6. ThisTreaty binding when ratified. treaty after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties. In testimony whereof, the said A. C. Pepper, commissioner as aforesaid, and the said chief and his band, have hereunto set their hands, the day and year first above written. A. C. PEPPER, *Commissioner*. Mo-sack, Nawb-bwitt, Skin-cheesh, Spo-tee, Naw-squi-base, Mose-so. Witnesses:—J. B. Duret, Secty. Geo. W. Ewing. Andrew Gosselin. Bennack. To the Indian names are subjoined marks. 1836-09-23 Treaty 7 Stat. 515 ARTICLES OF A TREATY Sept. 23, 1836.Proclamation, Feb. 18, 1837.*Made and concluded at Chippe-way-naung in the State of Indiana, on the twenty-third day of September in the year one thousand eight hundred and thirty-six, between Abel C. Pepper commissioner on the part of the United States, and the chiefs, warriors and headmen of the Potawattamie Indians of the Wabash.* Art. 1. TheCession to the United States. chiefs, warriors and headmen of the Potawattamies of the Wabash hereby cede to the United States, all the land belonging to the said tribe, in the State of Indiana, and designated in the treaty of 1832, (between Jonathan Jennings, John W. Davis and Marks Crume,Ante, p. 399. commissioners of the United States, and the chiefs and warriors of the Potawattimies of the State of Indiana, and Michigan Territory) as reservations for the use of the following bands viz. For the band of Kin-krash, four sections 4 sec. For the band of Che-chaw-kose, ten sections 10 do. For the band of Ash-kum and Wee-si-o-nas, sixteen sections 16 do. For the band of We-saw, four sections 4 do. For the band of Mo-ta, four sections 4 do. For the bands of Mi-no-quet, four sections 4 do. 42 Art. 2. InPayment therefor. consideration of the cession aforesaid the United States stipulate to pay the above chiefs, warriors and headmen of the Potawattimie nation one dollar and twenty-five cents per acre or thirty-three thousand six hundred dollars, (33,600) in specie, on or before the first of May, in the year eighteen hundred and thirty-seven. Art. 3. TheIndians to remove within two years. above-named chiefs, warriors and headmen of the Potowattimies of the Wabash agree to remove to the country west of the Mississippi river, provided for the Potawattimie nation by the United States within two years. Art. 4. At thePayment of Indian debts. request of the above-named chiefs, warriors and headmen of the Potawattimies aforesaid, it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner who shall be authorized to pay such debts of said Wabash Potawattimies as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the 2d article of this treaty. Art. 5. TheU. S. to pay expenses of making treaty. United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty. Art. 6. ThisTreaty binding when ratified. treaty shall be binding upon the parties aforesaid from the date of its ratification by the President and Senate of the United States. In testimony whereof the said Abel C. Pepper, commissioner as aforesaid and the said chiefs, warriors and headmen of the Potawattimies of the Wabash, have hereunto set their hands the day and year first above written. ABEL C. PEPPER, *Commissioner*. 515 516CONVENTION WITH THE SACS AND FOXES. 1836. Pash-po-ho, O-koh-mause, Jo-weh, Mjo-quiss, We-wis-sah, Pe-pin-a-waw, No-taw-kah, Po-kah-gause, Nas-waw-ray, Ash-kum, Ke-waw-nay, Mat-che-saw, Ne-boash, Mee-shawk, Che-kaw-me, Kaw-te-nose, Saw-waw-quett, W-daw-min, Kaw-we-saut. Witnesses:—J. B. Duret, Secretary. E. O. Cicott. J. P. Simonton, Capt. 1st Regt. U, S. Drags. Joseph Barron, Interpreter. Allen Hamilton. Cyrus Vigus. Job B. ELridge. Peter Barron. To the Indian names are subjoined mark. The above-named chiefs acknowledge themselves to be justly indebted to Hamilton and Comperet in the sum of eight hundred dollars, and request that it may be paid and deducted from the consideration named in the above treaty. 1836-09-27 Treaty 7 Stat. 514 CONVENTION WITH THE SAC AND FOX TRIBE. InSept. 27, 1836.Proclamation, Feb. 15, 1837. a convention held this twenty-seventh day of September 1836, between Henry Dodge Superintendant of Indian Affairs, and the chiefs, braves, and principal men of the Sac and Fox tribe of Indians, it has been represented, that according to the stipulations of the first article of theAnte, p. 328. treaty of Prairie du Chien, of the 15th July 1830, the country thereby ceded, is “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.” And, whereas, it is further represented to us, the chiefs, braves, and principal men of the tribe aforesaid, to be desirable that the lands lying between the State of Missouri and the Missouri river should be attached to, and become a part of said State, and the Indian title thereto be entirely extinguished; but that, notwithstanding, as these lands compose a part of the country embraced by the provisions of said first article of the treaty aforesaid, the stipulations thereof will be strictly observed until the assent of the Indians interested is given to the proposed measure. Now,Lands ceded to U. S. we the chiefs, braves, and principal men of the Sac and Fox tribes of Indians, fully understanding the subject, and well satisfied from the local position of the lands in question, that they can never be made available for Indian purposes, and that an attempt to place an Indian population on them must inevitably lead to collisions with the citizens of the United States; and further believing that the extension of the State line in the direction indicated, would have a happy effect, by presenting a natural boundary between the whites and Indians; and, willing moreover, to give the United States a renewed evidence of our attachment and friendship, do hereby, for ourselves, and on behalf of our respective tribes (having full power and authority to this effect) for-ever cede, relinquish, and quit claim to the United States, all our right, title, and interest of whatsoever nature in, and to, the lands lying be-tween the State of Missouri and the Missouri river, and do freely and fully exonerate the United States from any guarantee, condition, or limitation, expressed or implied, under the treaty of Prairie du Chien aforesaid, or otherwise, as to the entire and absolute disposition of the said lands, fully authorizing the United States to do with the same what-ever shall seem expedient or necessary. CONVENTION WITH THE SACS AND FOXES. 1836.517 In testimony whereof, we have hereunto set our hands and seals, the day and year first above written. Executed in presence of H. DODGE. Wa-pa-ca, Po-we-seek, Qui-ya-ni-pe-na, Au-sa-wa-kuk, Wa-ko-sa-see, Sa-sa-pe-ma, Ma-wha-wi, Wa-pa-sa-kun, Pa-ka-ka, We-se-au-ke-no-huck, Ka-ha-kee, Na-a-huck, Nau-a-wa-pit, Keo-kuck, Pa-she-pa-ho, W e-she-oa-ma-quit, Ap-pi-nuis, Pe-at-shin-wa, W a-po-pa-nas-kuck, Wa-ta-pe-naut, Pa-na-see, Ma-ke-no-na-see, Na-che-min. In presence of us, James W. Grimes, Secty. of Commission. Jos. M. Street, Ind. Apt. Ant. St. Clair, Interpreter. Frans. Labussir, Interpreter. James Craig. Jeremiah Smith. Nathl. Knapp. Daniel Geire. Brasilia H. Bassett. Geo. Catlin. Robt. Serrell Wood. To the Indian names are subjoined mark and seal. 1836-09-28 Treaty 7 Stat. 517 ARTICLES OF A TREATY Sept. 28, 1836.Proclamation, Feb. 27, 1837.*Made and entered into at the treaty ground on the right hank of the Mississippi river in the county of Debuque and Territory of Wisconsin opposite Rock island, on the twenty-eighth day of September one thousand eight hundred and thirty-six, between henry Dodge commissioner on the part of the United States, of the one part, and the confederated tribes of Sac and Fox Indians represented in general council by the undersigned chiefs headmen and warriors of the said tribes, of the other part.* WhereasAnte, p. 374. by the second article of the treaty made between the United States and the confederated tribes of Sac and Fox Indians on the twenty-first day of September one thousand eight hundred and thirty-two, a reservation of four hundred sections of land was made to the Sac and Fox Indians to be laid off under the direction of the President of the United States in conformity to the provisions of said article, and the same having been so subsequently laid out accordingly, and the confederated tribes of Sacs and Foxes being desirous of obtaining additional means of support, and to pay their just creditors have entered into this treaty, and make the following cession of land. Article 1. TheLand ceded to the U. S. confederated tribes of Sacs and Foxes for the purposes above expressed, and for and in consideration of the stipulations and agreements hereinafter expressed, do hereby cede to the United States forever, the said reservation of four hundred sections of land as designated in the second article of the treaty made between the United States and the confederated tribes of Sacs and Foxes as the same has been surveyed and laid off by order of the President of the United States. Article 2. In consideration of the cession contained in the preceding518CONVENTION WITH THE SACS AND FOXES. 1836. article,Payments by the U. S. the United States hereby agree as follows, to wit; To pay to the confederated tribes of the Sac and Fox Indians in the month of June one thousand eight hundred and thirty-seven, the sum of thirty thousand dollars, and fur ten successive years thereafter the sum of ten thousand dollars each year in specie, to be paid at the treaty ground opposite Rock island;** See note on p. 519. to pay to the widdow and children of Felix St. Urain, deceased, former Indian agent who was killed by the Indians, one thousand dollars;** See note on p. 519. to pay to the following named persons the sums set opposite to their names respectively, being the one half of the amount agreed to be due and owing by the confederated tribes of Sacs and Foxes to their creditors, provided said creditors will wait for the other half untill the same can be paid out of their annuities, for which purpose the Sacs and Foxes will set apart the sum of five thousand dollars each year, beginning in one thousand eight hundred and thirty-eight, out of their annuities to be paid upon said debts in the proper proportion untill the whole amount is discharged; to wit: to John Campbell ten thousand dollars, to Jeremiah Smith six hundred and forty dollars, to Stephen Dubois three hundred and five dollars and twenty cents, to Nathaniel Knapp one hundred dollars, to Wharton R. McPhearson two hundred and fifty dollars, to S. S. Phelps &, Co. four thousand dollars, to Jesse W. Shull five hundred dollars, to James Jordan one hundred and fifty dollars, to John R. Campbell fifteen dollars, to Amos Farrar one hundred dollars, to the owners of the S. Boat Warrior one hundred and sixty-two dollars and seventy-five cents, to George Davenport two thousand five hundred and sixty-three dollars and fifty cents, to Madame St. Ament five hundred dollars, to Madame Joseph Gunville five hundred dollars, to Madame Le Claire one hundred and twenty-five dollars, to Miss Blondeau one hundred and twenty-five dollars, to Antoine Le Claire two thousand four hundred and thirty-six dollars and fifty cents, to Francis Labachiere one thousand one hundred and sixty-seven dollars and seventy-five cents, to Pratte Chouteau & Co. twenty thousand three hundred and sixty-two dollars, and forty-two and a half cents, to Nathaniel Patterson four hundred and fifty-six dollars. Article 3. TheU.S. to furnish 200 horses. United States further agree to deliver to the confederated tribes of Sacs and Foxes two hundred horses, as near that number as can be procured with the sum of nine thousand three hundred and forty-one dollars, to be delivered at the payment of the annuities in June one thousand eight hundred and thirty-seven. Article 4. At theProvision for half-breeds. special request of the Sac and Fox Indians aforesaid, the United States agree to make the following provision for the benefit and support of seven half-breeds of the Sac and Fox nation, to wit; The United States agree to pay to——Wayman for the use and benefit of his half-breed child by a Fox woman named Ni-an-no, one thousand dollars, to Wharton R. McPhearson, for the use and benefit of his half-breed child by To-to-qua, a Fox woman, one thousand dollars, to Janies Thorn for the use and benefit of his half-breed child by Ka-kee-o-sa-qua, a Fox woman, one thousand dollars, to Joseph Smart for the use of his half-breed child by Ka-ti-qua a Fox woman one thousand dollars, to Nathan Smith for the use and benefit of his half-breed child by Wa-na-sa a Sac woman one thousand dollars, and to Joseph M. Street, Indian agent, two thousand dollars for the use and benefit of two half-breed children, one the child of Niwa-ka-kee a Fox woman, by one Mitchell, the other the child of Ni-an-na by Amos Farrar, the two thousand dollars to be put at interest, and so much of said interest arising therefrom to be expended for the benefit of the children as said agent shall deem proper and necessary, and when each shall arrive at the age of twenty years, the said agent shall pay to each half-breed oneCONVENTION WITH THE SACS AND FOXES. 1836.519 thousand dollars and any balance of interest remaining in his hands at the time. Article 5. At theProvision for the children of John Connoly, deceased. special request of the said confederated tribes of Sac and Fox Indians it is further agreed by the United States, to pay to Joseph M. Street, their agent, two hundred dollars for the use and benefit of Thompson Connoly and James Connoly children of their friend John Connoly deceased, to be by said agent put at interest and expended on the education of said Thompson and James Connoly, children of said John Connoly deceased. Article 6. TheRemoval of Indians. said confederated tribes of Sac and Fox Indians hereby stipulate and agree to remove from off the lands herein in the first article of this treaty ceded to the United States, by the first day of November next ensuing the date hereof, and in order to prevent any future misunderstanding, it is expressly agreed and understood that no band or party of the said confederated tribes of Sac and Fox Indians, shall plant, fish or hunt on any portion of the country herein ceded after the period just mentioned. Article 6. ThisTreaty binding when ratified. treaty shall be obligatory on the contracting parties after it shall be ratified by the President and Senate of the United States. Done at the treaty ground on the right bank of the Mississippi in Debuque county Wisconsin Territory opposite Rock island this twenty-eighth day of September one thousand eight hundred and thirty-six. H. DODGE. A-sho-wa-huk, Ma-sha-na, Wa-ko-sha-she, Sa-sa-pe-man, Na-wo-huck, Pen-na-see. *Foxes.* Wa-pella, Pow-a-sheek, Qua-qua-na-pe-qua, Wa-pak-on as-kuck, Wa-tup-a-waut, Ma-kee-won-a-see, Ka-ka-no-an-na. *Sacs.* Kee-o-kuck, Pashapahoo, We-she-ko-ma-quit, Ap-a-noose, Pe-a-chin-wa, Mo-wha-wi, Wa-pe-sha-kon. In presence of us: James W. Grimes, Secty. of Commission. Jos. M. Street, Indian Agent. L. Dorsey Stockton, jr, Attorney at law. Ant. Lcclaire, Interpreter. Frans. Labussar, Interpreter. James Craig. P. R. Chouteau, jr. Geo, Davenport. Nathl. Knapp. W. R. McPherson. Geo, W, Atchison. Jeremiah Smith. Nathan Smith. Robt. Serrell Wood, Geo. Catlin. Richard J. Lockwood. Enoch Gilbert Courtlandt Lawson. George Miller, jr. Courtlandt Lawson. To the Indian names are subjoined mark and seal. [Note.—This treaty was ratified with the following amendments thereto, as expressed in the resolution of the Senate: After the word “island” in the third line of the second article, insert the following words: Or such ol her place as may be designated by the President of the United States. After the word “dollars” in the third line of the second article, strike out the residue of said article in the following words: To pay to the following named persons the sums set opposite to their names respectively, being the one half of the amount agreed to be due and owing by the confederated tribes of Sacs and Foxes to their creditors, provided said creditors will wait for the other half until the same can be paid out of their annulties, for which purpose the Sacs and Foxes will set apart the sum of five thousand dot lars each year, beginning in one thousand eight hundred and thirty-eight, out of their annuities, to be paid upon said debts in the proper proportion until the whole amount is discharged, to wit: to John Campbell ten thousand dollars, to Jeremiah Smith six hundred and forty dollars, to Stephen Dubois three hundred and five dollars and twenty cents, to Nathaniel Knapp one hundred dollars, to Wharton R. McPherson two hundred and fifty dollars, to S. 8. Phelps & Co. four thousand dollars, to Jesse W. Shull five520CONVENTION WITH THE SACS AND FOXES. 1836. hundred dollars, to James Jordan one hundred and fifty dollars, to John R. Campbell fifteen dollars, to Amos Farrar one hundred dollars, to die owners of the steamboat Warrior, one hundred and sixty-two dollars and seventy-five cents, to George Davenport two thousand five hundred and sixty-throe dollars and fifty cents, io Madame St. Ament five hundred dollars, to Madame Joseph Gunville five hundred dollars, to Madame Le Claire one hundred and twenty-five dollars, to Misa Blondeau one hundred and twenty-five dollars, to Antoine Le Claire two thousand four hundred and thirty-six dollars and fifty cents, to Francis Labachiere one thousand one hundred and sixty-seven dollars and seventy-five cents, to Pratte, Chouteau, & Co, twenty thousand three hundred and sixty-two dollars and forty-two and a half cents, to Nathaniel Patterson four hundred and fifty-six dollars. After the word “dollars” in the third line of the second article insert the following in lieu of the words stricken out: And also to pay the sum of forty-eight thousand four hundred and fifty-eight dollars, eighty-seven and a half cents to enable said Indians to pay such debts as may be ascertained by their superintendent to be justly due from them to individuals, and if said debts so ascertained to he just amount to more than said sum then the same shall be divided among said creditors *pro rata;* and if less, then the overplus to be paid to said Indians for their own use. The Ioway Indians having set up a claim to a part of the lands ceded by this treaty, it is therefore hereby provided, that the President of the United States shall cause the validity and extent ol said claim to be ascertained, and upon a relinquishment of said claim to the United States, he shall cause the reasonable and fair value thereof to be paid to said Ioway Indians, and the same amount to be deducted from the sum stipulated to be paid to the Sacs and Foxes.] 1836-09-28 Treaty 7 Stat. 517 ARTICLES OF A TREATY Sept. 28, 1836.Proclamation, Dec. 13, 1837.*Made and entered into at the treaty ground on the right bank of the Mississippi river in the county of Dubuque and Territory of Wisconsin opposite Rock island, on the twenty-eighth day of September one thousand eight hundred and thirty-six, between Henry Dodge commissioner on the part of the United States, of the one part, and the confederated tribes of Sac and Fox Indians represented in general council by the undersigned chiefs, headmen and warriors of the said tribes, of the other part:*** It has been deemed proper to insert part of the proclamation in relation to this treaty. WhereasAnte, p. 374. by the second article of the treaty made between the United States and the confederate tribes of the Sac and Fox Indians on the twenty-first day of September one thousand eight hundred and thirty-two, a reservation of four hundred sections of land was made to the Sac and Fox Indians to be laid off under the directions of the President of the United States in conformity to the provisions of said article, and the same having been so subsequently laid out accordingly, and the confederated tribes of Sacs and Foxes being desirous of obtaining additional means of support, and to pay their just creditors, have entered into this treaty, and make the following cession of land. Article 1. TheLand ceded to die U. S. confederated tribes of Sacs and Foxes for the purposes above expressed, and for and in consideration of the stipulations and agreements hereinafter expressed, do hereby cede to the United States forever, the said reservation of four hundred sections of land as designated in the second article of the treaty made between the United States and the confederated tribes of Sacs and Foxes as the same has been surveyed and laid off by order of the President of the United States. Article 2. In consideration of the cession contained in the pre-CONVENTION WITH THE SACS AND FOXES. 1836.521ceding article, the United States hereby agree as follows, to wit; ToConsideration therefor. pay to the confederated tribes of the Sac and Fox Indians in the month of June one thousand eight hundred and thirty-seven, the sum of thirty thousand dollars, and for ten successive years thereafter the sum of ten thousand dollars each year in specie, to be paid at the treaty ground opposite Rock island;** See amendment
(1)in the ratification. to pay to the widdow and children of Felix St. Vrain deceased former Indian agent who was killed by the Indians, one thousand dollars; to pay to the following named persons the sums set opposite to their names respectively, being the one half of the amount agreed to be due and owing by the confederated tribes of Sacs and Foxes to their creditors, provided said creditors will wait for the other half untill the same can be paid out of their annuities, for which purpose the Sacs and Foxes will set apart the sum of five thousand dollars each year, beginning in one thousand eight hundred and thirty-eight, out of their annuities to be paid upon said debts in the proper proportion untill the whole amount is discharged; to wit: to John Campbel! ten thousand dollars, to Jeremiah Smith six hundred and forty dollars, to Stephen Dubois three hundred and five dollars and twenty cents, to Nathaniel Knapp one hundred dollars, to Wharton R. McPhearson two hundred and fifty dollars, to S. S. Phelps &. Co. four thousand dollars, to Jesse W. Shull five hundred dollars, to James Jordan one hundred and fifty dollars, to John R. Campbell fifteen dollars, to Amos Farrar one hundred dollars, to the owners of the S. boat Warrior, one hundred and sixty-two dollars and seventy-five cents, to George Davenport two thousand five hundred and sixty-three dollars and fifty cents, to Madame St. Ament five hundred dollars, to Madame Joseph Gunville five hundred dollars, to Madame Le Claire one hundred and twenty-five dollars, to Miss Blondeau one hundred and twenty-five dollars, to Antoine Le Claire two thousand four hundred and thirty-six dollars and fifty cents, to Francis Labachiere one thousand one hundred and sixty-seven dollars and seventy-five cents, to Pratte Chouteau &, Co. twenty thousand three hundred and sixty-two dollars, and forty-two and a half cents, to Nathaniel Patterson four hundred and fifty-six dollars.†† See amendment
(2)in the ratification. Article 3. The200 horses to be furnished by the U. S. United States further agree to deliver to the confederated tribes of Sacs and Foxes two hundred horses, as near that number as can be procured with the sum of nine thousand three hundred and forty-one dollars, to be delivered at the payment of the annuities in June one thousand eight hundred and thirty-seven. Article 4. At theProvision for half-breeds. special request of the Sac and Fox Indians aforesaid, the United States agree to make the following provisions for the benefit and support of seven half-breeds of the Sac and Fox nation, to wit; The United States agree to pay to——Wayman for the use and benefit of his half-breed child by a Fox woman named Ni-an-no, one thousand dollars, to Wharton R. McPhearson for the use and benefit of his half-breed child by To-to-qua, a Fox woman, one thousand dollars, to James Thorn for the use and benefit of his half-breed child by Ka-kee-o-sa-qua, a Fox woman, one thousand dollars, to Joseph Smart for the use of his half-breed child by Ka-ti-qua a Fox woman one thousand dollars, to Nathan Smith for the use and benefit of his half-breed child by Wa-na-sa a Sac woman one thousand dollars, and to Joseph M. Street Indian agent, two thousand dollars for the use and benefit of two half-breed children, one the child of Niwa-ka-kee a Fox woman, by one Mitchell, the other the child of Ni-an-na by Amos Farrar, the two thousand dollars to be put at interest, and so much of said interest arising therefrom to be expended for the benefit of the children as said agent shall deem proper and necessary, and when each shall arrive at the age522CONVENTION WITH THE SACS AND FOXES. 1836. of twenty years, the said agent shall pay to each half-breed one thousand dollars and any balance of interest remaining in his hands at the time. Article 5. At theProvision for the children of John Connoly, deceased. special request of the said confederated tribes of Sac and Fox Indians it is further agreed by the United States, to pay to Joseph M. Street their agent, two hundred dollars for the use and benefit of Thompson Connoly and James Connoly children of their friend John Connoly deceased, to be by said agent put at interest and expended on the education of said Thompson and James Connoly children of said John Connoly deceased. Article 6. TheRemoval of Indians. said confederated tribes of Sac and Fox Indians hereby stipulate and agree to remove from off the lands herein in the first article of this treaty ceded to the United States, by the first day of November next ensuing the date hereof, and in order to prevent any future misunderstanding, it is expressly agreed and understood that no band or party of the said confederated tribes of Sac and Fox Indians, shall plant, fish or hunt on any portion of the country herein ceded after the period just mentioned. Article 6. ThisTreaty binding when ratified. treaty shall be obligatory on the contracting parties after it shall be ratified by the President and Senate of the United States. Done at the treaty ground on the right bank of the Mississippi in Debuque county Wisconsin Territory opposite Rock island this twenty-eighth day of September one thousand eight hundred and thirty-six. H. DODGE. A-sho-wa-huk, Ma-sha-na, Wa-ko-sha-she, Sa-sa-pe-man, Na-wo-huck, Pen-na-see. *Foxes.* Wa-pella, Pow-a-sheek, Qua-qua-na-pe-qua, Wa-pak-on as-kuck, Wa-tup-a-waut, Ma-kee-won-a-see, Ka-ka-no-an-na. *Sacs.* Kee-o-kuck, Pashapahoo, We-she-ko-ma-quit, Ap-a-noose, Pe-a-chin-wa, Mo-wha-wi, Wa-pe-sha-kon. In presence of us: James W. Grimes, Sect’y of Commission. Jos. M. Street, Indian Agent. L. Dorsey Stockton, jr. Attorney at Law. Ant. Leclaire, Interpreter. Frans. Labussar, Interpreter. James Craig. P. R. Chouteau, jr. Geo. Davenport. Nathl. Knapp, W. R. McPherson. Geo. W. Atchison. Jeremiah Smith. Nathan Smith. Robt Serrell Wood. Geo. Catlin. Richard J. Lockwood. Enoch Gilbert. Courtlandt Lawocn. George Miller, jr. Courtlandt-Lawson. To the Indian names are subjoined a mark and seal. And whereas the said treaty having been submitted to the Senate of the United States, for their advice and consent in respect to its ratification, the said Senate, did, on the twenty-fifth day of February, one thousand eight hundred and thirty-seven, advise and consent to the ratification thereof with certain amendments. And whereas, Andrew Jackson, then President of the United States of America, did on the twenty-seventh day of February, one thousand eight hundred and thirty-seven, in pursuance of the advice and consent of the Senate, as expressed in their resolution aforesaid, accept, ratify, and confirm the said treaty with the amendments thereto set forth in the said resolution. And whereas the said Indians having subsequently refused their as-CONVENTION WITH THE SACS AND FOXES. 1836.523sent to one of the said amendments, the Senate of the United States, the said treaty having been again submitted to their consideration, did, on the thirteenth day of October, one thousand eight hundred and thirty-seven, resolve as follows, viz: “Whereas in the second article of the treaty made with the confederated tribe of Sac and Fox Indians, dated the 28th day of September, 1836, provision is made for the payment of sundry debts said to be due from said Indians to the several individuals, whose names are mentioned in said article, and whereas the said treaty was submitted by the President of the United States to the Senate for advice, as to its ratification, and whereas the Senate advised the ratification of said treaty with sundry amendments, and among them recommended, that the provision before mentioned for the payment of said debts to the individuals named should be stricken out, and in lieu thereof a provision inserted by which the sum of forty-eight thousand four hundred and fifty-eight dollars, eighty-seven and an half cents should be applied to the payment of such debts as should be found to be due by the superintendent of said Indians &c; and whereas the said Indians have refused to give their assent to said amendments; “Therefore it is now resolved, two-thirds of the Senators present concurring, that the Senate do advise and consent to the ratification of said treaty, without the amendment before mentioned, and that so far as it relates to said debts the treaty be construed and executed in the manner set forth therein, when it was executed by the contracting parties.” Now, I, Martin Van Buren,Ratified Dec. 13, 1837, with the following amendments. President of the United States of America, do in pursuance of the advice and consent of the Senate, as expressed in their said resolutions of the twenty-fifth day of February, and the thirteenth day of October, one thousand eight hundred and thirty-seven, accept, ratify, and confirm the said treaty, with the following amendments and no other, viz: “AfterAmendment (1). the word ‘island’ in the third line of the second article, insert the following words: “Or such other place as may be designated by the President of the United States.’” “TheAmendment (2).The claim of the Io was to be ascertained and paid. Ioway Indians having set up a claim to a part of the lands ceded by this treaty, it is therefore hereby provided, that the President of the United States shall cause the validity and extent of said claim to be ascertained, and upon a relinquishment of said claim to the United States, he shall cause the reasonable and fair value thereof to be paid to said Ioway Indians, and the same amount to be deducted from the sum stipulated to be paid to the Sacs and Foxes.” 1836-10-15 Treaty 7 Stat. 524 ARTICLES OF A CONVENTION Oct. 15, 1836.Proclamation, Feb. 15, 1837.*Entered into and concluded at Bellevue Upper Missouri the fifteenth day of October one thousand eight hundred and thirty-six, by and between John Dougherty U. S. agt. for Indian Affairs and Joshua Pilcher U. S. Ind. s. agt. being specially authorized therefor; and the chiefs braves head men &c of the Otoes Missouries Omahaws and Yankton and Santee bands of Sioux, duly authorized by their respective tribes.* Article 1st. WhereasTreaty of July 15, 1830.Ante, p. 328. it has been represented that according to the stipulations of the first article of the treaty of Prairie du Chien of the fifteenth of July eighteen hundred and thirty, the country ceded is “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,” and whereas it is further represented to us the chiefs, braves and head men of the tribes aforesaid, that it is desirable that the lands lying between the State of Missouri and the Missouri river, and south of a line running due west from the northwest corner of said State until said line strikes the Missouri river, should be attached to and become a part of said State, and the Indian title thereto be entirely extinguished; but that notwithstanding, as these lands compose a part of the country embraced by the provisions of the said first article of the treaty aforesaid, the stipulations whereof will be strictly observed, until the assent of the Indians interested is given to the proposed measure. Now we the chiefs braves and principal men of the Otoes Missouries Omahaws Yankton and Santee bands of Sioux aforesaid fully understanding the subject and well satisfied from the local position of the lands in question, that they never can be made available for Indian purposes; and that an attempt to place an Indian population on them must inevitably lead to collisions with the citizens of the United States; and, further believing that the extension of the State line in the direction indicated, would have a happy effect by presenting a natural boundary between the whites and Indians; and willing moreover to give the United States a renewed evidenceCession of land to the U. S. of our attachment and friendship; do hereby for ourselves and on behalf of our respective tribes (having full power and authority to this effect) for ever cede relinquish and quit claim to the United States all our right title and interest of whatsoever nature in and to the lands lying between the State of Missouri and the Missouri river, and south of a line running due west from the northwest corner of the State to the Missouri river, as herein before mentioned, and freely and fully exonerate the United States from any guarantee condition or limitation expressed or implied under the treaty of Prairie du Chien aforesaid or otherwise, as to the entire and absolute disposition of said lands, fully authorizing the United States to do with the same whatever shall seem expedient or necessary. Art. 2d. As a proofPresent of $4500 in merchandise. of the continued friendship and liberality of the United States towards the said Otoes Missouries Omahaws and Yankton and Santee bands of Sioux, and as an evidence of the sence entertained for the good will manifested by the said tribes to the citizens and Government of the United States as evinced in the preceding cession and524TREATY WITH THE OTTOES, ETC. 1836.525 relinquishment; and as some compensation for the great sacrifice made by the several deputations at this particular season, by abandoning their fall hunts and traveling several hundred miles to attend this convention the undersigned John Dougherty and Joshua Pilcher agrees on behalf of the United States to pay as a present to the tribes herein before named the sum of four thousand five hundred and twenty dollars in merchandize, the receipt of which they hereby acknowledge having been distributed among them in the proportions following. To the OtoesPortions of each tribe. twelve hundred and fifty dollars,to the Missouries one thousand dollars to the Otnahaws twelve hundred and seventy dolls. to the Yankton and Santee bands of Sioux one thousand dollars. Art. 3d. In consequenceOttoes and Missourias to be furnished with 500 bushels of corn. of the removal of the Otoes and Missouries from their former situation on the river Platte to the place selected for them, and of their having to build new habitations last spring at the time which should have been occupied in attending to their crops, it appears that they have failed to such a degree as to make it certain that they will lack the means of subsisting next spring, when it will be necessary for them to commence cultivating the lands now preparing for their use. It is therefore agreed that the said Otoes, and Missouries (in addition to the presents herein before mentioned) shall be furnished at the expence of the United States with five hundred bushels of corn lobe delivered at their village in the month of April next. And theOmahas to have 100 acres of ground broke up, &c. same causes operating upon the Omahaws, they having also abandoned their former situation, and established at the place recommended to them on the Missouri river, and finding it difficult without the aid of ploughs to cultivate land near there village where they would be secure from their enemies, it is agreed as a farther proof of the liberality of the Government and its disposition to advance such tribes in the cultivation of the soil as may manifest a disposition to rely on it for the future means of subsistence; that they shall have one hundred acres of ground broke up and put under a fence near their village, so soon as it can be done after the ratification of this convention, and that there shall be a suitable person employed as farmer to assist and instruct them in cultivating the soil so soon and for such time as the President of the United States may deem proper.* ** See note on p. 526.Art. 4th. TheCompensation to certain persons. undersigned chiefs braves and head men of the tribes herein before named, feeling sensible of the many acts of kindness and liberality manifested towards them, and their respective tribes by their good friends Joseph Roubadoux sen., and Lucien Fontenelle, during an intercourse of many years; aware of the heavy losses sustained by them at different times by their liberality in extending large credits to them and their people, which have never been paid, and which (owing to the impoverished situation of their country and their scanty means of living) never can be; are anxious to evince some evidence of gratitude for such benefits and favours, and compensate the said individuals in some measure for their losses. To this end at the earnest solicitation of said tribes it is agreed that the said Joseph Roubadoux sen. shall have the privilege of selecting three sections of land any where within the ceded territory so soon as the same shall be surveyed, and the said Lucien Fontenelle shall be permitted to select two sections in like manner which shall be conveyed to them by the United States without cost, whenever the land so selected shall be reported by them there agents or legal representatives to the register and receiver of the land office of the district in which they lie. It is however distinctly understood that if the President and Senate of the United States should refuse to ratify this and the last preceding article or either of them or any part thereof, that such refusal shall in no way affect the relinquishment and526TREATY WITH THE OTTOES, ETC. 1836. cession made by the tribes parties hereto in the first article of this convention. Art. 5. ThisObligatory when ratified. convention shall be obligatory on the tribes parties hereto, from and after the date hereof, and on the United States from and after its ratification by the Government thereof. Done, signed and sealed at Bellevue Upper Missouri this fifteenth day of October, one thousand eight hundred and thirty-six, and of the Independance of the United States, the sixty-first. JNO. DOUGHERTY, *Ind. Agt*. JOSHUA PILCHER, *U. S. Ind. S. Agent*. *Otoes.* Jaton, Big Kaw, The Thief, Wah-ro-ne-saw, Buffalo Chief, Shaking Handle, We-ca-ru-ton, Wash-shon-ke-ra, Standing White Bear, O-rah-car-pe, Wa-nah-sha, Wa-gre-ni-e, Mon-nah-shu-ja. *Missouries.* Hah-che-ge-sug-a, Black Hawk, No Heart, Wan-ge-ge-he-ru-ga-ror, The Arrow Fender, Wah-ne-min-er, Big Wing. *Omahaws.* Big Elk, Big Eyes, Wash-kaw-mony, White Horse, White Caw, Little chief, A-haw-paw, Walking Cloud, Wah-see-an-ne, No Heart, Wah-shing-gar, Standing Elk, Ke-tah-an-nah, Mon-chu-ha, Pe-ze-nin-ga. *Yankton ana Santees.* Pitta-eu-ta-pishna, Wash-ka-shin-ga, Mon-to-he, Wah-kan-teau, E-ta-ze-pa, Ha-che-you-ketcha, Wa-men-de-ah-wa-pe, E-chunk-ca-ne, Chu-we-a-teau, Mah-pe-a-teau, Wah-mun-de-cha-ka, Pah-ha-na-jie. Witnesses:—J. Varnum Hamilton, Sutler U. S. Drags. & act. secy, William Steele. John A. Ewell. William J. Martin. Martin Dorion. To the Indian names are subjoined a marks. [Note.—The foregoing treaty was ratified with the following amendments thereto, as expressed in the resolution of the Senate: Strike out that part of the third article following the word “convention” in the following words: “And that there shall be a suitable person employed as farmer, to assist and instruct them in cultivating the soil so soon, and for such time, as the President of the United States may deem proper.” Strike out the fourth article.] Nov. 30, 1836 Convention 7 Stat. 527 CONVENTION Nov. 30, 1836.Proclamation, Feb. 18, 1837.*With the Wahpaakootah, Susseton, and Upper Medawakanton tribes of Sioux Indians.* In a convention held this thirtieth day of November 1836 between Lawrence Taliaferro, Indian Agent at St. Peters, and the chiefs, braves, and principal men of the Wahpaakootah, Susseton, and Upper Medawakanton tribes of Sioux Indians, it has been represented, that according to the stipulations of the first article of the treaty of Prairie du Chien of the 15th July, 1830, the country thereby ceded is “to be Ante, p. 326assigned 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.” And, whereas, it is further represented to us, the chiefs, braves and principal men of the tribes aforesaid, to be desirable, that the lands lying between the State of Missouri, and the Missouri river should be attached to, and become a part of said State, and the Indian title thereto be entirely extinguished; but that, notwithstanding, as these lands compose a part of the country embraced by the provisions of said first article of the treaty aforesaid, the stipulations thereof will be strictly observed until the assent of the Indians interested is given to the proposed measure. Now we, the chiefs, braves, andLand ceded to the U. S. principal men of the Wahpaakootah, Susseton and Upper Medawakanton tribes of Sioux Indians, fully understanding the subject, and well satisfied from the local position of the lands in question that they can never be made available for Indian purposes, and that an attempt to place an Indian population on them must inevitably lead to collisions with the citizens of the United States; and further believing that the extension of the State line in the direction indicated, would have a happy effect, by presenting a natural boundary between the whites and Indians; and willing, moreover, to give the United States a renewed evidence of our attachment and friendship, do hereby for ourselves, and on behalf of our respective tribes (having full power and authority to this effect) forever cede, relinquish and quit claim to the United States all our right, title and interest of whatsoever nature in, and to, the lands lying between the State of Missouri, and the Missouri river, and do freely and fully exonerate the United States from any guarantee, condition, or limitation, expressed or implied, under the treaty of Prairie du Chien aforesaid, or otherwise, as to the entire and absolute disposition of the said lands, fully authorizing the United States to do with the same whatever shall seem expedient or necessary. As a proof of the continuedPresents to Indians. friendship and liberality of the United States towards the Wahpaakootah, Susseton and Upper Medawakanton tribes of Sioux Indians, and as an evidence of the sense entertained for the good will manifested by said tribes to the citizens and Government of the United States, as evinced in the preceding cession or relinquishment, the undersigned agrees, on behalf of the United States, to cause said tribes to be furnished with presents to the amount of five hundred and fifty dollars *in goods,* the receipt of which is hereby acknowledged. In testimony whereof, we have hereunto set our hands and seals, the day and year first above written. LAW. TALIAFERRO. 527 528 TREATY WITH THE SAGANAWS. 1837 Sussetons. Ese-tah-ken-bah, or the Sleepy Eyes, Kahe-maa-doh-kah, or the Male Rover, Tunkah-munnee, or the Great Walker, Hoh-wh-munnee, or the Walking Crier. Wahpaakootas. Tah-sau-ga, or the Cane, Wahmaadee-sappah, or Black Eagle, Skushkahnah, or Moving Shadow, Ahppaa-hoh-tah, or the Gray Mano. Upper Medawakantons. Wahkon-Tunkah, or the Big Thunder, Wahkon-Tunkah, or the Big Thunder, Wahmadee-tunkah, or Big Eagle, Marcpeeah-mah-zah, or Iron Cloud, Koc-ko-moc-ko, or Afloat, Tah-chunk-pee-sappah, or the Black Tomahawk, Marc-pee-wee-chas-tah, or Chief of the Clouds, Tah-chunk-washtaa, or the Good Road, Mah-zah-hoh-tah, or the Gray Iron, Patah-eu-hah, or He that holds the Five. Executed in presence of J. McClure, Lt. 1st Infy. S. M. Plummer, Lt. 1st Infy. J. N. Nicollet. Scott Campbell, U. S. Interpreter. To the Indian names are subjoined marks. Jan. 14, 1837 Treaty 7 Stat. 528 ARTICLES OF A TREATY Jan. 14, 1837.Proclamation, July 2, 1838.*Made and concluded at Detroit, in the State of Michigan, on the fourteenth day of January, in the year of our Lord eighteen hundred and thirty-seven, between the United Slates of America by their commissioner, Henry R. Schoolcraft, and the Saganaw tribe of the Chippewa nation, by their chiefs and delegates, assembled in council.*** This treaty was amended by the treaty of December 20, 1837, post, 548. Art. 1st. Cession of land The said, tribe cede to the United States the following tracts of land, lying within the boundaries of Michigan; namely; One tract of eight thousand acres, on the river Au Sable. One tract of two thousand acres, on the *Mishowusk* or Ritie river. One tract of six thousand acres, on the north side of the river *Kam bawling.* One tract of five thousand seven hundred and sixty acres upon Flint river, including the site of Reaums village, and a place called *Kishkawbawee. *One tract of eight thousand acres on the head of the Cass (formerly Huron) river, at the village of Otusson. One island in the Saganaw bay, estimated at one thousand acres, being the island called *Shaingwaukokaug,* on which *Mukokoosh* formerly lived. One tract of two thousand acres at *IVababish,* on the Saganaw river. One tract of one thousand acres, on the east side of the Saganaw river. One tract of six hundred and forty acres, at Great Bend, on Cass river. One tract of two thousand acres at the mouth of Point Augrais river. One tract of one thousand acres, on the Cass river at *Menoquet's* village. One tract of ten thousand acres on the *Shiawassee* river at *Ketchcwaundaugumink *or Big Lick. One tract of six thousand acres at the Little Forks, on the *Tetabwasing* river. One tract of six thousand acres at the Black-Birds’ town, on the *Tetabwasing* river. One tract of forty thousand acres, on the west side of the Saganaw river. The whole containing one hundred and two thousand four hundred acres, be the same more or less. Art. 2d. Indians may live on certain tracts for five years.The said Indians shall have the right of living upon the tracts at the river Augrais, and Mushowusk or Rille rivers, on the west side of Saganaw bay, for the term of five years, during which time no white man shall be allowed to settle on said tracts, under a penalty 529of five hundred dollars, to be recovered, at the suit of the informer; one half to the benefit of said informer, the other half to the benefit of the Indians. Art. 3d. The United States agree to payPayment for cession, &c. to the said Indians, in consideration of the lands above ceded, the net proceeds of the sales thereof, after deducting the expense of survey and sale, together with the incidental expenses of this treaty. The lands shall be surveyed in the usual manner, and offered for sale, as other public lands, at the land offices of the proper districts, as soon as practicable after the ratification of this treaty. A special account of the sales shall be kept at the Treasury, indicating the receipts from this source, and after deducting therefrom the sums hereinafter set apart, for specified objects, together with all other sums, justly chargeable to this fund, the balance shall be invested, under the direction of the President, in some public stock, and the interest thereof shall be annually paid to the said tribe, in the same mariner, and with the same Proviso.precautions, that annuities are paid. *Provided,* That, if the said Indians shall, at the expiration of twenty years, or at any time thereafter, require the said stock to be sold, and the proceeds thereof distributed among the whole tribe, or applied to the advancement of agriculture, education, or any other useful object, the same may be done, with the consent of the President and Senate. Art. 4th. The said Indians hereby set apart, out of the fund, createdSums set apart by the Indians. by the sale of their lands, the following sums, namely; For the purchase of goods and provisions, to be delivered to them, as soon as practicable after the ratification of this treaty, forty thousand dollars.** Abrogated by art. 4th of treaty of Dec. 20, 1837. For distribution among the heads of families, to be paid to them, as an annuity in 1837, ten thousand dollars.** Abrogated by art. 4th of treaty of Dec. 20, 1837. For a special payment to each of the principal chiefs, agreeably to a schedule annexed, five thousand dollars. For the support of schools, among their children, ten thousand dollars. For the payment of their just debts, accruing since the treaty of Ghent, and before the signing of this treaty, forty thousand dollars. For compensating American citizens, upon whose property this tribe committed depredations after the surrender of Detroit in 1812, ten thousand dollars. For meeting the payment of claims which have been considered and allowed by the chiefs and delegates in council, as per schedule B hereunto annexed, twelve thousand two hundred and forty-three dollars, and seventy-five cents. For vaccine matter, and the services of a physician, one hundred dollars per annum for five years. For the purchase of tobacco to be delivered to them, two hundred dollars per annum for five years. The whole of these sums shallTo be expended under direction of the President. be expended under the direction of the President, and the following principles shall govern the application. The goods and provisions shall be purchased by an agent, or officer of the Government, on contract, and delivered to them, at their expense, as early as practicable, after the ratification of the treaty. The annuity of ten thousand dollars shall be divided among the heads of families, agreeably to a census, to be taken for the purpose. The school fund shall be put at interest, by investment in stocks, and the interest applied annually to the object, commencing in the year 1840, but the principal shall constitute a permanent fund for twenty years, nor shall the stock be sold, nor the proceeds diverted, at *that* period, without the consent of the President and Senate. The monies set apart for the liquidation of their debts, and for depre-530dations, Payment of the moneys set apart for debts, &c.committed by them, shall be paid, under such precautions for ascertaining the justice of the indebtedness or claim, as the President may direct, but no payment shall be made, under either head, which is not supported by satisfactory proof, and sanctioned by the Indians: and if any balance of either sum remains, it shall be immediately divided by the disbursing officer, among the Indians. The other items of expenditure, mentioned in this article, shall be disbursed, under the usual regulations of the Indian Department, for insuring faithfulness and accountability in the application of the money. Art. 5th. The U. S. will advance the amount.[See art. 3, treaty of Dec. 20, 1837, p. 548.The United States will advance the amount set apart in the preceding article for the purchase of goods and provisions, and the payment of debts, and depredations by the Indians, also the several sums stipulated to be paid to the chiefs, and distributed to the Indians as an annuity in 1837, and the amount set apart for claims allowed by the Indians, together with the expense of this negociation. Art. 6th. Removal of Indians.The said tribe agrees to remove from the State of Michigan, as soon as a proper location can be obtained. For this purpose, a deputation shall be sent, to view the country, occupied by their kindred tribes, west of the most westerly point of Lake Superior,** See art. 2, treaty of Dec. 20, 1837, p. 548. and if an arrangement for their future and permanent residence can be made in that quarter, which shall be satisfactory to them, and to the Government, they shall be permitted to form a reunion, with such tribes, and remove thereto. If such arrangement cannot be effected, the United States will afford its influence in obtaining a location for them at such place, west of the Mississippi, and southwest of the Missouri, as the legislation of Congress may indicate. The agency of the exploration, purchase, and removal will be performed by the United States, but the expenses attending the same shall be chargeable to said Indians at the Treasury, to be refunded out of the proceeds of their lands, at such time and in such manner as the Secretary of the Treasury shall deem proper. Art. 7th. The smith's shop, &c, to be continued, &c.It is agreed, that the smith’s shop shall be continued among the Saganaws, together with the aid in agriculture, farming utensils, and cattle, secured to them under the treaty of September 24th 1819, as fixed, in amount, by the act of Congress of May 15th 1820. But the President is authorized to direct the discontinuance of the stated farmers should he deem proper, and the employment of a supervisor or overseer, to be paid out of this fund, who shall procure the services, and make the purchases required, under such instructions as may be issued by the proper department. And the services shall be rendered, and the shop kept, at such place or places, as may be most beneficial to the Indians. It shall be competent for the Government, at the request of the Indians, seasonably made, to furnish them agricultural products, or horses and saddlery, in lieu of said services, whenever the fund will Proviso.justify it. *Provided,* That the whole annual expense, including the pay of the supervisor, shall not exceed the sum of two thousand dollars, fixed by the act herein above referred to. Art. 8th. Payment for two certain reservations.Ante, p. 105.The United States, agree to pay to the said tribe, as one of the parties to the treaty, concluded at Detroit, on the 17th of November 1807, the sum of one thousand dollars, to quiet their claim, to two reservations of land, of two sections each, lying in Oakland county, in the State of Michigan, which were ceded to the Government by the Pottowatomies of St. Joseph’s, on the nineteenth of September 1827. This sum will be paid to the chiefs, who are designated in the schedule referred to, in the fourth article, at the same time and place, that the annuities for the present year are paid to the tribe. And the said tribe 531hereby relinquish, and acknowledge full satisfaction, for any claim they now have, or have ever possessed, to the reservations aforesaid. Art. 9th. Nothing in this treaty shall beAnnuities by former treaties not affected. construed to affect the payment of any annuity, due to the said tribe, by any prior treaty. But the same shall be paid as heretofore. Art. 10th. Should not the lands herein[Abrogated by art. 4, treaty of Dec. 20, 1837, p. 548. ceded, be sold, and the avails thereof, vested for said tribe, as provided in the third article, before the thirtieth day of September of the present year, so that the annual interest of such investment may be relied on, to constitute an annuity for said tribe in the year eighteen hundred and thirty-eight, the United States will, during the said year 1838, advance the same amount which is provided for that object in the fourth article of this treaty, which sum shall be refunded to the Treasury by said tribe with interest, out of any fund standing to their credit, at the discretion of the Secretary of the Treasury. Art. 11th. The usual expenses, attendingExpenses of treaty to be paid by U. S. the formation of this treaty, will be paid by the United States, provided, that the Government may, in the discretion of the President, direct the one moiety thereof to be charged to the Indian fund, created by the third article of this treaty. In testimony whereof, the said Henry R. Schoolcraft, commissioner on the part of the United States, and the chiefs and delegates of the said tribe, have hereunto set their hands, and affixed their marks, at the city of Detroit in Michigan, the day and year above written. HENRY R. SCHOOLCRAFT, *Comr.* Ogima Keegido, Naum Gitchigomee, Osau Wauban, Penayseewubee, Washwa, Peenaysee Weegezhig, Mauk Esaut, Peetwayweetum, Tontagonee, Kaitchenoding, Maishkoodagwana, Naishkayshig, Wasso, Pabaumosh, Monetogaubwee, Aindunossega, Ugahbakwum, Shawun Epenaysee, Waubredoaince, Sheegunageezhig, Etowanaquot, Mukuday Ghenien, Mukuckoosh, Penayshee Weegezhig, the 2d, Mazinos, Pondiac, Nawa Geezhig. Francis Willett Shearman,Secretary. Henry Whiting, Major U. S. A. J. P. Simonton, Capt. U. S. A. Z. Pitcher, Surgeon U. S. Army. Henry Connor, Sub-Agent. Robert Stuart. Jno. Hulbert. Douglass Houghton. G. D. Williams. William Johnston. Joseph F. Menoy, Inpter. John A. Drew. Darius Lawson. Charles H. Rodd. To the Indian names are subjoined marks. SCHEDULE Of the names of chiefs entitled to payments under the fourth and eighth articles of the foregoing treaty: The following chiefs, representing the several bands of the tribe of the Saganaws, are entitled to receive the several sums of five hundred and one hundred dollars each, to wit: 1. Ogima Keegido 2. Shawun, Epenaysse 532 3. Naum Gitchegomee 4. Mauk Esaub 5. Muckuk, Kosh 6. Peteway, Weetum, 7. Paypah, Monsh.ee 8. Tontagonee 9. Wasse 10. Wahputo-ains. HENRY R. SCHOOLCRAFT, *Commissioner.* SCHEDULE B. To Wawasso $400 00 Keshe-ah-be-no-qua, sister of Wawasso 400 00 Kewah-ne-quot 400 00 Peter Provencal 400 00 Leon, or Oge-ma-geke-to 400 00 Moran, or Chemoquemont 200 00 Ke-she-go-qua 200 00 Wetonsaw, son of James Connor 400 00 Odis-pa-be-go-qua and children 800 00 Pen-a-see 400 00 Ozhe-me-ega 400 00 Bourissa's wife, at river au Sable 800 00 Nah-bwa-quo-una 400 00 Muttoway-bun-gee 400 00 Chonne 400 00 Mah-in-gun 800 00 Ma-conse 800 00 J. P. Simonton 800 00 Wabishkindib, or Henry Conner 3,243 75 Peepegauaince 200 Ogima Keegido, Shawun Epenaysse, Naum Gitchegomee, Mauk Esaub, Muckuk, Kosh, Peteway, Weetum, Pabaumoshee, Tontagonee, Wasse, Waputo sins, Signed in presence of Henry Whiling, Major U. S. A. E. Backus, U. S. A. J. P. Simonton, Capt. U. S. A. Levi Cook, Mayor of the City of Detroit. Jno. Hulbert. FRANCIS WILLETT SHEARMAN, *Secretary.* To the Indian names are subjoined marks. [For Treaty with the Choctaws of Jan. 17, 1837, see *post* p. 605.] Feb. 11, 1837 Treaty 7 Stat. 532 ARTICLES OF A TREATY Feb. 11, 1837.Proclamation, Feb. 18, 1837.*Concluded in the city of Washington on the eleventh day of February eighteen hundred and thirty-seven between John T. Douglass, commissioner on the part of the United States and Chee-chaw-kose, Ash-kum Wee-saw or Louison, Muck-kose and Qui-qui-to, chiefs of the Potawatomie tribe of Indians.* Article 1. Former treaties sanctioned.The chiefs and head men above named do, for themselves and their respective bands sanction and give their assent to the provisions of the treaties concluded between A. C. Pepper, commissioner on the part of the United States and certain chiefs and Ante, pp. 505 & 515.young men of the Potawatomie tribe of Indians, on the 5th day of August and 23d day of September 1836, in which were ceded to the United States certain TREATY WITH THE KIOWAS, ETC. 1837533lands in the State of Indiana, in which the chiefs and head men above named have an interest, the same having been reserved for them and their bands respectively in the treaties of October 26th and 27th 1832. And theLand ceded to the U. S.Indians to remove within two years. chiefs and head men above named, for themselves and their bands, do hereby cede to the United States all their interest in said lands, and agree to remove to a country that may be provided for them by the President of the United States, southwest of the Missouri river, within two years from the ratification of this treaty. Art. 2. The United States agree that thePayment by the U. S.Ante, pp. 505 & 515. several sums, for the payment of which provision is made in the treaties of August and September 1836, referred to in the preceding article, shall be paid to the respective chiefs and bands, for whose benefit the lands, ceded by said treaties, were reserved. Art. 3. The United States further agree toU. S. to convey certain territory to Indians. convey by patent to the Potawatomies of Indiana, a tract of country, on the Osage river south-west of the Missouri river, sufficient in extent, and adapted to their habits and wants; remove them to the same : furnish them with one year’s subsistence after their arrival there, and pay the expenses of this treaty, and of the delegation now in this city. Art. 4. It is further stipulated, that theU. S. to purchase certain reserved land.Ante, p. 379. United States will purchase the “five sections in the prairie, near Rock Village” reserved for Quiquito, in the second article of the treaty of October 20th 1832 for the sum of 84,000; to be paid to said chief at such times and places as the President of the United States may think proper. Art. 5. This treaty to be obligatory upon theTreaty binding when ratified. contracting parties when ratified by the President and Senate of the United States. In witness whereof the contracting parties have hereunto set their hands and seals the day and year above written. JOHN T. DOUGLASS, *Commissioner.* Qui-qui-taw, Che-chaw-kose, Ashkom, We-saw or Louison, Muckkose, Sin-qui-waugh, Po-ga-kose. Signed in presence of G. C. Johnston. Isaac McCoy, John C. Burnett, Abram B. Burnett, William Turner, Interpreters. To the Indian names are subjoined marks. May 26, 1837 Treaty
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