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Code · STATUTES-AT-LARGE · Vol. 7 STAT. · May 26, 1837 · Treaty

Treaty.

41,828 words·~190 min read·/statutes-at-large/vol-7/treaty-p533·

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7 Stat. 533 TREATY May 26, 1837.Proclamation, Feb. 21, 1838.Ante, p. 474.*With the Kioway, Ka-ta-ka and Ta-wa-ka-ro, Nations of Indians.* Whereas a treaty of peace and friendship was made and signed on the 24th day of August 1835, between Montfort Stokes and Brigadier General Matthew Arbuckle, commissioners on behalf of the United States on the one part; and the chiefs, and headmen and representatives of the Comanche, Witchetaw, Cherokee Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians on the other part: and whereas the said treaty has been duly ratified by the Government of the United States; now know all whom it may concern, that the President of the United States, by letter of appointment and instructions of the 7th day of April 1837, has authorised Col.
A. P. Chouteau to make a convention or treaty between the United States and any of the nations or tribes of Indians of the Great Western Prairie; we the said Montfort Stokes, and A. P. Chouteau, commissioners of lndian treaties, have this day made and concluded a treaty of peace and friend-534ship, between the United States of America, and the chiefs, headmen and representatives of the Kioway, Ka-ta-ka, and Ta-wa-ka-ro nations of Indians, on the following terms and conditions, that is to say:
Article 1st. Peace and friendship.There shall he perpetual peace and friendship between all the citizens of the United States of America and all the individuals composing the Kioway, Ka-ta-ka, and Ta-wa-ka-ro nations and their associated bands or tribes of Indians, and between these nations or tribes and the Muscogee and Osage nations or tribes of Indians. Article 2d. Injuries mutually forgiven.Every injury or act of hostility by one or either of the contracting parties on the other, shall be mutually forgiven and for ever forgot.
Article 3d. Friendly intercourse.There shall be a free and friendly intercourse between all the contracting parties hereto; and it is distinctly understood and agreed by the Kioway, Ka-ta-ka and Ta-wa-ka-ro 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 Republics of Mexico or Texas, or returning therefrom, and that the nations or tribes named in this article further agree to pay the full value of any injury their people .may do to the goods or property of the citizens of the United States, taken or destroyed when peaceably passing through the country they Payment for property stolen.inhabit or hunt in, or elsewhere.—And the United States hereby guarantee to any Indian or Indians of the Kioway, Ka-ta-ka and Ta-wa-ka-ro nations, and their associated bands or tribes of Indians, a full indemnification for any horses Proviso.or other property which may be stolen from them, *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 4th. Hunting ground.It is understood and agreed by all the nations or tribes of Indians, parties to this treaty, that each and all of the said nations or 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 5th. Payment for injuries to U. S. traders.The Kioway, Ka-ta-ka and Ta-wa-ka-ro nations and their associated bands or tribes of Indians 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 6th. Treatment of other Indians.The Kioway, Ka-ta-ka and Ta-wa-ka-ro 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 of Indians residing south of the Missouri river, and west of the States of Missouri and Arkansas, 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 7th. In case of difficulties between any of the parties hereto.Should 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 8th. Presents to Indians.It is agreed by the commissioners of the United States that in consequence of the Kioway, Ka-ta-ka and Ta-wa-ka-ro nations 535and 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 the said 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 9th. The Kioway, Ka-ta-ka and Ta-wa-ka-roRelations with Mexico. 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 Republics of Mexico and Texas, where they all frequently hunt and the Kioway, Ka-ta-ka and Ta-wa-ka-ro nations sometimes visit; 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 Republics.
Article 10th. This treaty shall be obligatoryTreaty binding when ratified. 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 Fort Gibson, this twenty-sixth day of May one thousand eight hundred and thirty-seven and of the independence of the United States the sixty-second. M. STOKES, *Commissr. of Indn. treaties.* A. P. CHOUTEAU, *Com. Indian treaties.* Kioways.
Ta-ka-ta-couche, the Black Bird, Cha-hon-de-ton, the Flying Squirrel, Ta-ne-congais, the Sea Gull, Bon-congais, the Black Cap, To-ho-sa, the Top of the Mountain, Sen-son-da-cat, the White Bird, Con-a-hen-ka, the Horne Frog, He-pan-ni-gais, the Night, Ka-him-hi, the Prairie Dog, Pa-con-ta, My Young Brother. Ka-ta-kas. Hen-ton-te, the Iron Shoe, A-ei-kenda, the One who is Surrendered, Cet-ma-ni-ta, the Walking Bear. Ta-wa-ka-ros. Ka-ta-ca-karo, He who receives the Word of God, Ta-ce-hache, the One who Speaks to the Chief, Ke-te-cara-con-ki, the White Cow, Ta-ka, the Hunter of Men.
Muscogees. Roly McIntosh, Alex. Gillespie, Samuel Miller, Samuel Perryman, John Randam, To-me-yo-hola, Efi-emathia, Chis-co-laco-mici, Encotts Harjo, Ufalila Harjo. Osages. Clermont, the Principal Chief, Ka-hi-gair-tanga, the Big Chief, Ka - hi - gair - wa-chin - pi - chais, the Mad Chief, Chan-gais-mon-non, the Horse Thief, Wa-cri-cha, the Liberal, Ta-lais, the Going Deer, Chonta-sa-bais, the Black Dog, Wa-clum-pi-chais, the Mad Warrior, Mi-ta-ni-ga, the Crazy Blanket, Wa-ta-ni-ga, the Crazy, Hec-ra-ti, the War Eagle, Tan-wan-ga-hais, the Townmaker, Ha-ha-ga-la, the One they Cry For, Chongais-han-ga, the Learned Dog, Man-pa-cha, the Brave Man, Joseph Staidegais, the Tall Joseph, Tais-ha-wa-gra-kim, the Chief Bearer, Sa-wa-the, the Dreadful, Ca-wa-wa-gu, the One Who Gives Horses, U-de-gais-ta-wa-ta-ni-ga, the Crazy Osage.
Witnesses: —Wm. Whistler, Lt. Col. 7th Infy. Com’g. B. L. E. Bonneville. Capt. 7th Ify. Francis Lee, Capt. 7th Inf. Jas. R. Stephenson, CapL 7lh Inf. P. S. G. Bell, Capt. 1st Dragoons. W. Seawell. Capt. 7th Inf. and Secy, to the Comrs. S. W. Moore, 1st L . and Adjt. 7th Inf. Th. H. Holmes, 1st Lt. 7th Infy. R, H. 536TREATY WITH THE CHIPPEWAS. 1837.Ross, 1st Lt. 7th Inf. J. H. Bailey, Assit. Surgeon. G. K. Paul, 1st Lt. 7th Infy, S. G. Simmons, 1st Lt. 7th Infy. J. G. Reed, 2d Lt. 7th Inf.
J. M. Wells, 2d Lt. 7th Inf. R. L. Dodge. F. Britton, Lieut. 7th U. S. Army. S. Hardage, Creek Interpreter. To the Indian names are subjoined marks. July 29, 1837 Treaty 7 Stat. 536 ARTICLES OF A TREATY July 29, 1837.Proclamation, June 15, 1838.*Made and concluded at St. Peters (the confluence of the St. Peters and Mississippi rivers) in the Territory of Wisconsin, between the United States of America, by their commissioner, Henry Dodge, Governor of said Territory, and the Chippewa nation of Indians, by their chiefs and headmen.* Article 1.
Land coded to the U. S.The said Chippewa nation cede to the United States all that tract of country included within the following boundaries: Boundaries.Beginning at the junction of the Crow Wing and Mississippi rivers, between twenty and thirty miles above where the Mississippi is crossed by the forty-sixth parallel of north latitude, and running thence to the north point of Lake St. Croix, one of the sources of the St. Croix river; thence to and along the dividing ridge between the waters of Lake Superior and those of the Mississippi, to the sources of the Ocha-sua-sepe a tributary of the Chippewa river; thence to a point on the Chippewa river, twenty miles below the outlet of Lake De Flambeau; thence to the junction of the Wisconsin and Pelican rivers; thence on an east course twenty-five miles; thence southerly, on a course parallel with that of the Wisconsin river, to the line dividing the territories of the Chippewas and Menomonies; thence to the Plover Portage; thence along the southern boundary of the Chippewa country, to the commencement of the boundary line dividing it from that of the Sioux, half a days march below the falls on the Chippewa river; thence with said boundary line to the mouth of Wah-tap river, at its junction with the Mississippi; and thence up the Mississippi to the place of beginning.
Article 2. U. S. to make the following payments annually for twenty years.In consideration of the cession aforesaid, the United States agree to make to the Chippewa nation, annually, for the term of twenty years, from the date of the ratification of this treaty, the following payments. 1. Post. p. 592.Nine thousand five hundred dollars, to be paid in money. 2. Nineteen thousand dollars, to be delivered in goods. 3. Three thousand dollars for establishing three blacksmiths shops, supporting the blacksmiths, and furnishing them with iron and steel. 4.
One thousand dollars for farmers, and for supplying them and the Indians, with implements of labor, with grain or seed; and whatever else may be necessary to enable them to carry on their agricultural pursuits. 5. Two thousand dollars in provisions. 6. Five hundred dollars in tobacco. The provisions and tobacco to be delivered at the same time with the goods, and the money to be paid; which time or times, as well as the place or places where they are to be delivered, shall be fixed upon under the direction of the President of the United States.
The blacksmiths shops to be placed at such points in the Chippewa country as shall be designated by the Superintendent of Indian Affairs, or under his direction. 537 If at the expiration of one or more years the Indians should prefer to receive goods, instead of the nine thousand dollars agreed to be paid to them in money, they shall be at liberty to do so. Or, should they conclude to appropriate a portion of that annuity to the establishment and support of a school or schools among them, this shall be granted them.
Article 3. The sum of one hundred thousandPayment to half-breeds. dollars shall be paid by the United States, to the half-breeds of the Chippewa nation, under the direction of the President. It is the wish of the Indians that their two sub-agents Daniel P. Bushnell, and Miles M. Vineyard, superintend the distribution of this money among their half-breed relations. Article 4. The sum of seventy thousandPayment of claims against Indians. dollars shall be applied to the payment, by the United States, of certain claims against the Indians; of which amount twenty-eight thousand dollars shall, at their request, be paid to William A.
Aitkin, twenty-five thousand to Lyman Al. Warren, and the ballance applied to the liquidation of other just demands against them—which they acknowledge to be the case with regard to that presented by Hercules L. Dousman, for the sum of five housand dollars; and they request that it be paid. Article 5. The privilege of hunting, fishing,Hunting ground. and gathering the wild rice, upon the lands, the rivers and the lakes included in the territory ceded, is guarantied to the Indians, during the pleasure of the President of the United States.
Article 6. This treaty shall be obligatoryTreaty binding when ratified. from and after its ratification by the President and Senate of the United States. Done at St. Peters in the Territory of Wisconsin the twenty-ninth day of July eighteen hundred and thirty-seven. (Signed) HENRY DODGE, *Com’r.* From Leech lake. Chiefs. Aish-ke-boge-koshe, or Flat Mouth, R-che-o-sau-ya, or the Elder Brother. Warriors. Pe-zhe-kins, the Young Buffalo, Ma-ghe-ga-bo, or La Trappe, O-be-gwa-dans, the Chief of the Earth, Wa-bose, or the Rabbit, Che-a-na-quod, or the Big Cloud.
From Gull lake and Swan river. Chiefs. Pa-goo-na-kee-zhig, or the Hole in the Day, Songa-ko-mig, or the Strong Ground. Warriors. Wa-boo-jig, or the White Fisher, Ma-cou-da, or the Bear’s Heart. From St. Croix river. Chiefs. Pe-zhe-ke, or the Buffalo, Ka-be-ma-be, or the Wet Month. Warriors. Pa-ga-we-we-wetung, Coming Home Hollowing, Ya-banse, or the Young Buck, Kis-ke-ta-wak, or the Cut Ear. From Lake Courleoville. Chiefs. Pa-qua-a-mo, or the Wood Pecker. From Lac De Flambeau.
Chiefs. Pish-ka-ga-ghe, or the White Crow, Na-wa-ge-wa, or the Knee, O-ge-ma-ga, or the Dandy, Pa-se-quam-jis, or the Commissioner, Wa-be-ne-me, or the White Thunder. 538TREATY WITH THE SIOUX. 1837. From La Pointe, (on Lake Superior.) Chiefs. Pe-zhe-ke, or the Buffalo, Ta-qua-ga-na, or Two Lodges Meeting, Cha-che-que-o. From Mille Lac. Chiefs. Wa-shask-ko-kone, or Rats Liver. Wen-ghe-ge-she-guk, or the First Day. Warriors. Ada-we-ge-shik, or Both Ends of the Sky, Ka-ka-quap, or the Sparrow.
From Sandy Lake. Chiefs. Ka-nan-da-wa-win-zo, or Le Brocheux, We-we-shan-shis, the Bad Boy, or Big Mouth, Ke-che-wa-me-te-go, or the Big Frenchman. Warriors. Na-ta-me-ga-bo, the Man that stands First, Sa-ga-ta-gun, or Spunk. From Snake river. Chiefs. Naudin, or the Wind, Sha-go-bai, or the Little Six, Pay-a-jik, or the Lone Man, Na-qua-na-bie, or the Feather. Warriors. Ha-tau-wa, Wa-me-te-go-zhins, the Little Frenchman, Sho-ne-a, or Silver. From Fond du Lac, (on Lake Superior.
) Chiefs. Mang-go-sit, or the Loons Foot, Shing-go-be, or the Spruce. From Red Cedar lake. Mont-so-mo, or the Murdering Yell. From Red lake. Francois Gonmean (a half breed.) From Leech lake. Warriors. Sha-wa-ghe-zhig, or the Sounding Sky, Wa-zau-ko-ni-a, or Yellow Robe. Signed in presence of Verplanck Van Antwerp, Sec’y. to the Commissioner. M. M. Vineyard, U. S. Sub-Ind. Agt. Daniel P. Bushnell. Law. Taliaferro, Ind. Agent at St. Peters. Martin Scott, Capt. 5th Reg’t. Inf’ty.
J. Emerson, Ass’t. Surg. U. S. Army. H. H. Sibley. H. L. Dousman. S. C. Stambaugh. E. Lockwood. Lyman M. Warren. J. N. Nicollet. Harmen Van Antwerp, Wm. H. Forbes. Jean Baptiste Dubay, Interpreter. Peter Quinn, Interpreter. S. Campbell, U. S. Interpreter. Stephen Bonga, Interpreter. Wm. W. Coriell. To the Indian names are subjoined marks. Sept. 29, 1837 Treaty 7 Stat. 538 ARTICLES OF A TREATY, Sept. 29, 1837.Proclamation, June 15, 1838.*Made at the City of Washington, between Joel R.
Poinsett, thereto specially authorised by the President of the United States, and certain chiefs and braves of the Sioux nation of Indians.* Article 1st. Cession of land to the U. S.The chiefs and braves representing the parties having an interest therein, cede to the United States all their land, east of the Mississippi river, and all their islands in the said river. Article 2d. Consideration therefor.In consideration of the cession contained in the preceding article, the United States agree to the following stipulations on their part. 539 *First.*To invest the sum of $300,000$300,000 to be invested for Indians.
(three hundred thousand dollars) in such safe and profitable State stocks as the President may direct, and to pay to the chiefs and braves as aforesaid, annually, forever, an income of not less than five per cent, thereon; a portion of said interest, not exceeding one third, to be applied in such manner as the President may direct, and the residue to be paid in specie, or in such other manner, and for such objects, as the proper authorities of the tribe may designate. *Second.*To pay to the relatives and friends of the chiefs and braves,$110,000 for persons of mixed blood. as aforesaid, having not less than one quarter of Sioux blood, $110,000 (one hundred and ten thousand dollars,) to be distributed by the proper authorities of the tribe, upon principles to be determined by the chiefs and braves signing this treaty, and the War Department. *Third.*To apply the sum of 890,000 (ninety thousand dollars)Payment of Indian debts. to the payment of just debts of the Sioux Indians, interested in the lands herewith ceded. *Fourth.*To pay to the chiefs and bravesAnnuity. as aforesaid an annuity for twenty years of §10,000 (ten thousand dollars) in goods, to be purchased under the direction of the President, and delivered at the expense of the United States. *Fifth.*To expend annually for twentyAgricultural implements, &c. years, for the benefit of Sioux Indians, parties to this treaty, the sum of 88,250 (eight thousand two hundred and fifty dollars) in the purchase of medicines, agricultural implements and stock, and for the support of a physician, farmers, and blacksmiths, and for other beneficial objects. *Sixth.*In order to enable the Indians aforesaidImprovement of lands. to break up and improve their lands, the United States will supply, as soon as practicable, after the ratification of this treaty, agricultural implements, mechanics’ tools, cattle, and such other articles as may be useful to them, to an amount not exceeding 810,000, (ten thousand dollars.) *Seventh.*To expend annually, for twenty years,Provisions. the sum of 85,500 (five thousand five hundred dollars) in the purchase of provisions, to be delivered at the expense of the United States. *Eighth.*To deliver to the chiefsGoods. and braves signing this treaty, upon their arrival at St.
Louis, 86,000 (six thousand dollars) in goods. *Ninth.*To pay to Scott Campbell,[This clause was stricken out; sec amendment in the ratification.] the interpreter accompanying the delegation, in consideration of valuable services rendered by him to the Sioux, the sum of 8450 (four hundred and fifty dollars) annually for twenty years. Article 3d. It is further stipulated and agreed[Stricken out; see ratification.] that the said Scott Campbell shall be secured in the quiet possession of the tract of land on the west side of the Mississippi, about one mile and a half below Fort Snelling, supposed to contain about five hundred acres, and upon which he now resides.
Article 4th. This treaty shall be bindingTreaty binding when ratified. on the contracting parties as soon as it shall be ratified by the United States. In testimony whereof, the said Joel R. Poinsett, and the undersigned chiefs and braves of the Sioux nation, have hereunto set their hands, at the City of Washington, this 29th day of September A. D. 1837. J. R. POINSETT Medawakantons. Tah-tape-saah, The Upsetting Wind, Wah-keah-tun-kah, Big Thunder, Mah-zah-hoh-tah, Grey Iron, Tautunga-munne, Walking Buffalo, Tah-chunk-wash-taa, Good Road, Mare-pu-ah-nasiah, Standing Cloud, Koi-moko, Afloat, Mau-pu-wee-chastah, White Man, Mau-pu-ah-mah-zah, Iron Cloud, 540TREATY WITH THE SACS AND FOXES. 1837.
Eu-hah-kaakow, He that comes last, Mah-kuah-pah, he that shakes the Earth, Tah-mah-zah-hoh-wash-taa, The Iron of handsome voice, Watt-chu-dah, The Dancer, Mah-zah-tunkah, The Big Iron, Mau-po-koah-munnee, He that runs after the clouds, Tah-chunek-oh-dutah, The Red Road, Wasson-wee-chastish-nee, The Bad Hail, Hoe-yah-pah, the Eagle Head, Annon-ge-nasiah, He that Stands on Both Sides, Chaudus-kah-mumee,the Walking Circle, Tee-oh-du-tah, the Red Lodge. In presence of Chauncey Bush, Sec’ty.
Mahlon Dickerson, Sec’y. of the Navy. W. J. Worth, L’t. Colo. Geo. W. Jones, of Wis’n. Lau. Taliaferro, U. S. agent at St. Peters, Witt. Hawley. C. A. Harris, Com. Ind. Aff’rs. S. Cooper, Ch’f. cl’k. W. Dep. D. Kurtz, Ch’f. cl’k. Ind. Office. Charles Calvert. S. Campbell, Interpreter. To the Indian names are subjoined marks. [Note.—This treaty was ratified and confirmed with the following amendment, viz: " “Strike out the ninth clause of the second article and the third article in the following words:
“*Ninth.* To pay to Scott Campbell, the Interpreter accompanying the delegation, in consideration of valuable services rendered by him to the Sioux, the sum at $450 four hundred and fifty dollars annually, for twenty years.” “Article 3d. It is further stipulated and agreed that the said Scott Campbell shall be secured in the quiet possession of the tract of land on the west side of lite Mississippi, about one mile and a half below Fort Snelling, supposed to contain about five hundred acres, and upon which he now resides.”] " Oct. 21, 1837 Treaty 7 Stat. 540 ARTICLES OF A TREATY Oct. 21, 1837.Proclamation, Feb. 21, 1838.*Made at the city of Washington, between Carey A.
Harris, Commissioner of Indian Affairs, thereto authorized by the President of the United States, and the confederated tribes of Sacs and Foxes, by their chiefs and delegates.* Article 1. Lands ceded to the U. S.The Sacs and Foxes make to the United States the following cessions: *First.*Of a tract of country containing 1,250,000 (one million two hundred and fifty thousand) acres lying west and adjoining the tract conveyed by them to the United States in the treaty of September 21st, 1832.
It is understood that the points of termination for the present cession shall be the northern and southern points of said tract as fixed by the survey made under the authority of the United States, and that a line shall be drawn between them, so as to intersect a line extended westwardly from the angle of said tract nearly opposite to Rock Island as laid down in the above survey, so far as may be necessary to include the number of acres hereby ceded, which last mentioned line it is estimated will be about twenty-five miles. *Second.*Of all right or interest in the land ceded by said confederated tribes on the 15th of July 1830, which might be claimed by them, under the phraseology of the first article of said treaty.
Article 2d. Consideration therefor.In consideration of the cessions contained in the preceding article, the United States agree to the following stipulations on their part: *First.*Land ceded to be surveyed, &c.cause the land ceded to be surveyed at the expense of the United States, and permanent and prominent land marks established, in the presence of a deputation of the chiefs of said confederated tribes. 541 *Second.*To pay thePayment of debts due by Indians. debts of the confederated tribes, which may be ascertained to be justly due, and which may be admitted by the Indians, to the amount of one hundred thousand dollars ($100,000) provided, that if all their just debts amount to more than this sum, then their creditors are to be paid *pro rata* upon their giving receipts in full; and if said debts fall short of said sum, then the remainder to be paid to the Indians.Proviso. *And provided also,* That no claim for depredations shall be paid out of said sum. *Third.*To deliver toGoods. them goods, suited to their wants, at cost, to the amount of twenty-eight thousand five hundred dollars ($28,500.) *Fourth.*To expend, inGrist-mills. the erection of two grist mills, and the support of two millers for five years, ten thousand dollars ($10,000.) *Fifth.*To expend inBreaking up ground, &c. breaking up and fencing in ground on the land retained by said confederated tribes, and for other beneficial objects, fourteen thousand dollars ($14,000.)** See note on p. 542. *Sixth.*To supply themProvisions. with provisions to the amount of five thousand dollars ($5,000) a year, for two years.** See note on p. 542. *Seventh.*To expend inLaborers. procuring the services of the necessary number of laborers, and for other objects connected with aiding them in agriculture, two thousand dollars ($2,000) a year, for five years. *Eighth.*For theHorses and presents. purchase of horses and presents, to be delivered to the chiefs and delegates on their arrival at St.
Louis, four thousand five hundred dollars ($4,500,) one thousand dollars ($1,000) of which is in full satisfaction of any claim said tribe may have on account of the stipulation for blacksmiths in the treaty of 1832. *Ninth.*To invest the$200,000 to be invested for Indians. sum of two hundred thousand dollars ($200,000) in safe State stocks, and to guarantee to the Indians, an annual income of not less than five per cent, the said interest to be paid to them each year, in the manner annuities are paid, at such time and place, and in money or goods as the tribeProviso. may direct. *Provided,* That it may be competent for the President to direct that a portion of the same may, with the consent of the Indians, be applied to education, or other purposes calculated to improve them.
Article 3d. The two blacksmith’sBlacksmith’s and gunsmith’s establishments to be removed, &c. establishments, and the gunsmith’s establishment, to which the Sacs and Foxes are entitled under treaties prior to this, shall be removed to, and be supported in the country retained by them, and all other stipulations in former treaties, inconsistent with this, or with their residence, and the transaction of their business on their retained land are hereby declared void. Article 4th.
The Sacs and Foxes agree toRemoval of Indians. remove from the tract ceded, with the exception of Keokuck’s village, possession of which may be retained for two years, within eight months from the ratification of this treaty. Article 5th. The expenses of this negotiationU. S. to pay expenses of making treaty. and of the chiefs and delegates signing this treaty to this city, and to their homes,to be paid by the United States. Article 6th. This treaty to be binding uponTreaty binding when ratified. the contracting parties when the same shall be ratified by the United States.
In witness whereof the said Carey A. Harris, and the undersigned chiefs and delegates of the said tribes, have hereunto set their hands at the city of Washington, this 21st October A. D. 1837. C. A. HARRIS. 542TREATY WITH THE YANKTONS. 1837. Sacs or Saukes. Kee-o-kuck, The Watchful Fox, principal chief of the confederated tribes, Wau-cai-chai, Crooked Sturgeon, a chief, A-shee-au-kon, Sun Fish, a chief, Pa-nau-se, Shedding Elk, Wau-wau-to-sa, Great Walker, Pa-sha-ka-se, The Deer, Appan-oze-o-ke-mar, The Hereditary Chief, (or He who was a Chief when a Child,) Waa-co-me, Clear Water, a chief, Kar-ka-no-we-nar, The Long-horned Elk, Nar-nar-he-keit, The Self-made Man, As-ke-puck-a-wau, The Green Track, Wa-pella, the Prince, a principal chief, Qua-qua-naa-pe-qua, the Rolling Eyes, a chief, Paa-ka-kar, the Striker, Waa-pa-shar-kon, the White Skin, Wa-pe-mauk, White Lyon, Nar-nar-wau-ke-hait, The Repenter, (or the Sorrowful,) Po-we-sheek, Shedding Bear, a (principal chief,) Con-no-ma-co, Long Nose Fox, a chief, (wounded,) Waa-co-shaa-shee, Red Nose Fox, a principal chief Fox tribe, (wounded,) An-non-e-wit, The Brave Man, Kau-kau-kee, The Crow, Kish-kee-kosh, The Man with one leg off.
Signed in presence of Chauncey Bush, Secretary. Joseph M. Street, U. S. Ind. agent, Joshua Pilcher, Ind. agt. Geo. Davenport. J. F. A. Sanford. S. C. Stambaugh. P. G. Hambaugh. Antoine La Claire, U. S. Ind. Inpt. To the Indian names are subjoined marks. [Note.—The foregoing treaty was ratified with the following amendments, as expressed in the resolution of the Senate, viz: " “Article 2. paragraph—‘fifth’—strikeout the word ‘fourteen’ ‘$14,000,’—and insert—‘*twenty-four*’ $24,000.’ Same article, strike out the sixth paragraph in the following words:— ‘Sixth—to supply them with provisions to the amount of five thousand dollars ($5,000) a year, for two years’— Change the remaining paragraphs of that article to read *sixth—seventh—eighth.* " Oct. 21, 1837 Treaty 7 Stat. 542 ARTICLES OF A TREATY Oct. 21, 1837.Proclamation, Feb. 21, 1838.*Made at the city of Washington, between Carey A.
Harris, thereto specially authorised by the President of the United States, and the Yankton tribe of Sioux Indians, by their chiefs and delegates.* Article 1st. Indians code all their right in land ceded by treaty of 15th July 1830.Ante, p. 328.The Yankton tribe of Sioux Indians cede to the United States all the right and interest in the land ceded by the treaty, concluded with them and other tribes on the fifteenth of July, 1830, which they might be entitled to claim, by virtue of the phraseology employed in the second article of said treaty.
Article 2d. Consideration therefor.In consideration of the cession contained in the preceding article, the United States stipulate to pay them four thousand dollars ($4000.) How to be expended.It is understood and agreed, that fifteen hundred dollars ($1,500) of this sum shall be expended in the purchase of horses and presents, upon the arrival of the chiefs and delegates at St. Louis; two thousand dollars ($2,000) delivered to them in goods, at the expense of the United States, at the time their annuities are delivered next year; and five hundred dollars ($500) be applied to defray the expense of removing the agency building and blacksmiths shop from their present site.
Article 3d. U. S. to pay expenses of this treaty.The expenses of this negotiation, and of the chiefs and delegates signing this treaty to this city and to their homes, to be paid by the United States. TREATY WITH THE SACS AND FOXES. 1837.543 Article 4th. This treaty to be binding uponTreaty binding when ratified. the contracting parties, when the same shall be ratified by the United States. In witness whereof, the said Carey A. Harris, and the undersigned chiefs and delegates of said tribe, hare hereunto set their hands at the city of Washington, this 21st day of October A.
D. 1837. C. A. HARRIS. Ha-sa-za (The Elk’s Horn) Ha-sha-ta (The Forked Horn) Za-ya-sa (Warrior) Pa-la-ni-a-pa-pi (Struck by a Riccara) To-ka-can (He that gives the First Wound) Mau-ka-ush-can (The Trembling Earth) Mon-to-he (White crane) Ish-ta-ap-pi (Struck in the eye) E-mo-ne. In presence of Chauncey Bush, Secretary, Joshua Pilcher, Ind. agt. W. Thompson. To the Indian names are subjoined marks. Oct. 21, 1837 Treaty 7 Stat. 543 ARTICLES OF A TREATY Oct. 21, 1837.Proclamation, Feb. 21, 1838.*Made at the City of Washington, between Carey A.
Harris, thereto specially authorised by the President of the United States, and the Sacs and Foxes of Missouri, by their Chiefs and Delegates.* Article 1st. The Missouri Sac and Fox Indians make the following cessions to the United States: *First.*Of all rightCessions to the U. S. or interest in the country between the Missouri and Mississippi rivers and the boundary line between the Sac and Fox and the Sioux Indians, described in the second article of the treaty made with these and other tribes on the 19th of August 1825,Ante, p. 272. to the full extent to which said claim was recognised in the third article of said treaty; and of all interest or claim by virtue of the provisions of any treaties since made by the United States with the Sacs and Foxes. *Second.*Of ail the right to locate, for hunting or other purposes, on the land ceded in the first article of the treaty of July 15th 1830, which, by the authority therein conferred on the President of the United States they may be permitted by him to enjoy. *Third.*Of all claimsAnte. pp. 84, 229, 328 & 511. or interest under the treaties of November 3d, 1804, August 4th, 1824, July 15th, 1830, and September 17th, 1836, for the satisfaction of which no appropriations have been made.
Article 2d. In consideration of the cessionConsideration therefor. contained in the preceding article, the United States agree to the following stipulations on their part: *First.*To pay to the said Sacs and Foxes of the Missouri,Payment of $160,000 to Indians. the sum of one hundred and sixty thousand dollars ($160,000.) It is understood and agreed that$2500 to be expended for merchandise. of the said sum of one hundred and sixty thousand dollars, ($160,000,) there shall be expended in the purchase of merchandise to be delivered whenever in the judgment of the President it may be best for them twenty-five hundred dollars, ($2,500;) and there shall be paid to Jacques Mettez, their interpreter, for services rendered, and at their request, one hundred dollars, ($100.) *Second.*To invest the balance of said sum amounting to one hun-544TREATY WITH THE WINNEBAGOES. 1837.dred Balance to be invested.and fifty-seven thousand four hundred dollars ($157,400,) and to guaranty them an annual income of not less than five per cent, thereon. *Third.*Interest, how to be applied.To apply the interest herein guaranteed, in the following manner:
For the support of a blacksmith’s establishment, one thousand dollars ($1,000) per annum. For the support of a farmer, the supply of agricultural implements and assistance, and other beneficial objects, sixteen hundred dollars ($1,600) per annum. For the support of a teacher and the incidental expenses of a school, seven hundred and seventy dollars ($770) per annum. The balance of the interest, amounting to forty-five hundred dollars ($4,500,) shall be delivered at the cost of the United States, to said Sac and Fox Indians, in money or merchandise, at the discretion of the President, and at such time and place as he may direct.
Article 3d. Expenses of this treaty to be paid by U.S.The expenses of this negotiation and of the chiefs and delegates signing this treaty to this city and to their homes to be paid by the United States. Article 4th. Treaty binding when ratified.This treaty to be binding upon the contracting parties, when the same shall be ratified by the United States. In witness whereof, the said Carey A. Harris and the undersigned chiefs and delegates of said tribe, have hereunto set their hands at the city of Washington, this 21st day of October, A.
D. 1837. C. A. HARRIS. Sacs. Po-ko-mah (The Plum) Nes-mo-ea (The Wolf) Au-ni-mo-ni (The Sun Fish) Foxes. Sa-ka-pa (son of Quash-qua-mi) A-ka-ke (The Crow) In presence of Chauncey Bush, Secretary. Joshua Pilcher, Ind. Agt. W. Thompson. To the Indian names are subjoined marks. Nov. 1, 1837 Treaty 7 Stat. 544 ARTICLES OF A TREATY Nov. 1, 1837.Proclamation, June 15, 1838.*Made at the city of Washington, between Carey A. Harris, thereto specially directed by the President of the United States, and the Winnebago nation of Indians, by their chiefs and delegates.* Article 1st.
Lands ceded to the U. S.The Winnebago nation of Indians cede to the United States all their land east of the Mississippi river. Article 2d. Indians relinquish their right to occupy, except for hunting, certain land.The said Indians further agree to relinquish the right to occupy, except for the purpose of hunting a portion of the land held by them west of the Mississippi, included between that river and a line drawn from a point twenty miles distant therefrom on the southern boundary of the neutral ground to a point, equidistant from the said river, on the northern boundary thereof.
Their title not to be invalidated.But this stipulation shall not be so construed, as to invalidate their title to the said tract. Article 3d. The said Indians agree to remove within eight months from the ratification of this treaty, to that portion of the neutral ground545west of the Mississippi,Indians to remove within eight months.Ante, p. 371. which was conveyed to them in the second article of the treaty of September 21st, 1832, and the United States agree that the said Indians may hunt upon the western part of said neutral ground, until they shall procure a permanent settlement.
Article 4th. In consideration of the cessionConsideration for said cession. and relinquishment contained in the preceding articles, the United States agree to the following stipulations on their part. *First.*To set apart the sum of two hundred$200,000 set apart to pay to following individuals. thousand dollars ($200,000) for the following purposes; To pay to the individuals herein named the sum specified for each; To Nicholas Boilvin, six thousand dollars ($6,000); to the other four children of Nicholas Boilvin, formerly agent for said nation, four thousand dollars ($4,000) each; to Catherine Myott, one thousand dollars, ($1,000); to Hyancinthe St.
Cyr one thousand dollars ($1,000); to the widow of Henry Gratiot, late subagent of the nation, in trust for her eight children, ten thousand dollars ($10,000); to H. L. Dousman, in trust for the children of Pierre Paquette, late interpreter for the nation three thousand dollars ($3,000); to Joseph Brisbois, two thousand dollars ($2,000); to Satterlee Clark, junior, two thousand dollars ($2,000;) to John Roy, two thousand dollars ($2,000); to Antoine Grignon, two thousand dollars ($25)00); to Jane F.
Rolette, two thousand dollars ($2,000); to George Fisher, one thousand dollars ($1,000); to Therese Roy, one thousand dollars ($1,000); to Domitille Brisbois, one thousand dollars ($1,000). These sums are allowed, at the earnest solicitation of the chiefs and delegates, for supplies and services to the nation, afforded by these individuals. The balance of the above sum ofBalance, how to be applied. two hundred thousand dollars ($200,000) shall be applied to the debts of the nation, which may be ascertained to be justly due, and which may be admitted by the Indians: *Provided,* That if all their just debts shall amount to more than this balance, their creditors shall be paid *pro rata,* upon their giving receipts in full; and if the just debts shall fall short of said balance, the residue of it shall be invested for the benefit of the nation; *And provided, also, *That no claim for depredations shall be paid out of said balance. *Second.*To pay, underProvision for relations, &c. of Indians. the direction of the President, to the relations and friends of said Indians, having not less than one quarter of Winnebago blood, one hundred thousand dollars ($100,000). *Third.*To expend, forRemoval of Indians. their removal to the lands assigned them, a sum not exceeding seven thousand dollars ($7,000). *Fourth.*To deliver toHorses and goods. the chiefs, and delegates on their arrival at St.
Louis, goods and horses to the amount of three thousand dollars ($3,000); and, also, to deliver to them, as soon as practicable after the ratification of this treaty, and at the expense of the United States goods to the amount of forty-seven thousand dollars ($47,000). *Fifth.*To deliver toProvisions and horses. them provisions to the amount of ten thousand dollars, ($10,000); and horses to the same amount. *Sixth.*To apply toGrist-mill. the erection of a grist-mill, three thousand dollars, ($3,000). *Seventh.*To expend,Breaking up ground, &c. in breaking up and fencing in ground, after the removal of the said Indians, ten thousand dollars ($10,000). *Eighth.*To set apartContingent expenses. the sum of ten thousand dollars ($10,000) to defray contingent and incidental expenses in the execution of this treaty, and the expenses of an exploring party, when the said Indians shall express a willingness to send one to the country southwest of the Missouri river. *Ninth.*To invest the balance of the proceeds of the lands ceded in 546Balance of proceeds to be invested.the first article of this treaty, amounting to eleven hundred thousand dollars (1,100,000,) and to guaranty to them an interest of not less than five per cent.
Disposition of the interest.Of this interest amounting to fifty-five thousand dollars ($55,000,) it is agreed the following disposition shall be made; For purposes of education, twenty-eight hundred dollars ($2,800). For the support of an interpreter for the school, five hundred dollars, ($500.) For the support of a miller, six hundred dollars ($600.) For the supply of agricultural implements and assistance, five hundred dollars, ($500.) For medical services and medicines, six hundred dollars ($600.
) The foregoing sums to be expended for the objects specified, for the term of twenty-two years, and longer at the discretion of the President. If at the expiration of that period, at any time thereafter, he shall think it expedient to discontinue either or all of the above allowances, the amount so discontinued shall be paid to the said Winnebago nation. The residue of the interest, amounting to fifty thousand dollars ($50,000,) shall be paid to said nation, in the following manner;
Ten thousand dollars ($10,000) in provisions, twenty thousand dollars ($20,000) in goods, and twenty thousand dollars ($20,000) in money. Article 5th. So much of existing treaties as requires services, &c. to be null and void.It is understood and agreed that so much of the stipulations in existing treaties with said Winnebago nation, as requires services to be performed, supplies furnished, or payments made, at designated times and places, shall be henceforth null and void; and those stipulations shall be carried into effect at such times and at such points in the country to which they are about to remove, as the President may direct.
Article 6th. Treaty binding when ratified.This treaty to be binding on the contracting parties when it shall be ratified by the United States. In witness whereof, the said Carey A. Harris and the undersigned chiefs and delegates of the said Winnebago nation, have hereunto set their hands at the City of Washington, this first day of November, A. D. 1837. C. A. HARRIS. Watch-hat-ty-kah, (Big Boat,) Keesh-kee-pa-kah, (Kar-i-mo-nee,) Mo-ra-chay-kah, (Little Priest,) Ma-na-pay-kah, (Little Soldier,) Wa-kaun-ha-kah, (Snake Skin,) Ma-hee-koo-shay-nuz-he-kah, (Young Decori,) Wa-kun-cha-koo-kah, (Yellow Thunder,) Wa-kaun-kah, (The Snake,) Wa-kun-cha-nic-kab, (Little Thunder,) Nautch-kay-suck-kah, (Quick Heart,) Mai-ta-sha-hay-ma-ne-kah, (Young Kar-i-mo-nee,) Wa-kaun-ho-no-nic-kah, (Little Snake,) Hoong-kah, (Old Chief,) To-shun-uc-kah, (Little Otter,) Sho-go-nic-kah, (Little Hill,) Homp-ska-kah, (Fine Day,) Chow-walk-saih-e-nic, (The Plover,) Ah-oo-shush-kah, (Red Wing,) Shoog-hat-ty-kah, (Big Gun,) Ha-kah-kah, (Little Boy Child.
) In presence of Thos. A. B. Boyd, U. S. S. Ind. Ag’t. N. Boilvin, Antoine Grinion, Jean Roy, Interpreters. Joseph Moore, J. Brisbois, Sat. Clark, jr., Conductors. Alexia Bailly. H. H. Sibley, Agent Am. Fur. Co. John Lowe. John M'Farlane. W. Gunton. T. R. Cruttenden. Charles E. Mix. A. R. Potts. Rd. L. Mackall. To the Indian names are subjoined marks. Nov. 23, 1837 Treaty 7 Stat. 547 ARTICLES OF A TREATY Nov. 23, 1837.Proclamation, Feb. 21, 1838.*Made at the city of Saint Louis, between Joshua Pilcher, thereto specially authorised by the President of the United States, and the Ioway Indians, by their chiefs and delegates.* Article 1st.
The Ioway Indians ceed to theCession to the United States.Ante, p. 328. United States all the right and interest in the land ceded by the treaty, concluded with them and other tribes on the 15th of July 1830, which they might be entitled to claim, by virtue of the phraseology employed in the second article of said treaty. Article 2d. In consideration of the sessionConsideration therefor. contained in the proceeding article, the United States stipulate to pay them two thousand five hundred dollars ($2,500) in horses, goods and presents, upon their signing this treaty in the city of Saint Louis.
Article 3d. The expences of this negotiationU. S. to pay expenses of making treaty. and of the chiefs and delegates signing this treaty to the city of Washington and to their homes to be paid by the United States. Article 4th. This treaty to be binding uponTreaty binding when ratified. the contracting parties when the same shall be ratified by the United States. In witness whereof the said Joshua Pilcher and the undersigned chiefs and delegates of said Indians have hereunto set their hands at the city of Saint Louis, this twenty-third day of November A.
D. 1837. JOSHUA PILCHER, *U. S. Ind. agent.* Ne-o-mon-ni, Non-che-ning-ga, Wat-che-mon-ne, Tah-ro-hon. Signed in presence of E. A. Hitchcock, Capt. U. S. Army. John B Farpy. L. G. C. Bliss. To the Indian names are subjoined marks. Dec. 20, 1837 Treaty 7 Stat. 547 ARTICLES OF A TREATY Dec. 20, 1837.Proclamation, July 2, 1838.*Made and concluded at Flint river, in the State of Michigan, on the twentieth day of December, eighteen hundred and thirty-seven, between the United States, by Henry R.
Schoolcraft commissioner duly authorized for that purpose, and acting superintendent of Indian affairs, and the Saganaw tribe of Chippewas.* Article 1st. Fifty cents per acre to be retained, &c.Ante, p. 828.It is agreed, that the sum of fifty cents per acre shall be retained out of every acre of land ceded by said tribe, by the treaty of the 14th of January 1837, as an indemnification for the location to be furnished for their future permanent residence and to constitute a fund for emigrating thereto. 547548TREATY WITH THE SAGANAWS. 1837.
Article 2d. A location to be reserved for said tribe, &c.The United States agree to reserve a location for said tribe on the head waters of the Osage river, in the country visited by a delegation of the said tribe during the present year, to be of proper extent, agreeably to their numbers, embracing a due proportion of wood and water, and lying contiguous to tribes of kindred language. Nor shall anything contained in the Ante, p. 530.sixth article of the treaty of the 14th January 1837, entitle them, at this time, to a location in the country west of Lake Superior.
Article 3d. The U. S. not obliged to advance the money required by 5th art. treaty 14th Jan. 1837.Ante, p. 530.Proviso.Nothing embraced in the fifth article of said treaty shall obligate the United States, at the present time, to advance from the Treasury, the entire amount appropriated by the said tribe in the fourth article of said treaty; but the President shall have authority to direct such part of the said moneys to be paid for the objects indicated, so far as the same are not hereinafter modified, as he Proviso.may deem proper: *Provided,* That the whole sum so advanced, shall not exceed seventy-five thousand dollars.
And the reduction shall be made upon the several items ratably, or in any other manner he may direct; *Provided,* That the balance of said appropriations, or of any item or items thereof, shall be paid out of the proceeds of the ceded lands, as soon as the fund will permit, and the President may direct. Article 4th. Parts of treaty of 14th Jan. 1837, abrogated.Ante, pp. 529, 531.The first and second clauses of the fourth article of the treaty of the 14th of January 1837, and the tenth article of said treaty, are hereby abrogated; and in lieu thereof, it is agreed, that the United States shall pay to said tribe in each of the years 1838 and 1839, respectively, an annuity of five thousand dollars, and goods to the amount of ten thousand dollars, to be advanced by the Treasury, and to be refunded out of the first proceeds of their lands.
But no further annuity, nor in any higher amounts, shall be paid to them, by virtue of the treaty aforesaid, until the same shall be furnished by the interest of the proceeds of their lands, vested in conformity with the provisions of the third article of said treaty. Article 5th. Division of payments due certain chiefs.Several of the chiefs entitled to payments by schedule A, affixed to the treaty aforesaid, having died within the year, it is agreed, that the proportion of the fund, to which they would have been entitled, may be redivided in such manner as the President may direct.
Article 6th. [This article stricken out by the Senate.]The said tribe set apart nine thousand eight hundred dollars, out of the fund arising from the sale of their lands, to be paid to the individuals named in a list of claims hereunto annexed. Article 7th. No preemption right to be granted, &c.No act of Congress shall confer upon any citizen, or other person, the right of preemption to any lands ceded to the United States by the treaty of the 14th of January 1837, herein above referred to.
Nor shall any construction be put upon any existing law, respecting the public lands, granting this right to any lands ceded by said treaty. Article 8th. Expenses to be paid of this and prior negotiations.The United States will pay the expenses of this negotiation, together with the unpaid expenses of the prior negotiations, with said tribe, of the 24th of May 1836, and of the 14th of January 1837. In testimony whereof, the commissioner above named, and the chiefs and headmen of said tribe, have hereunto affixed their signatures at the time and place above recited, and of the independence of the United States the sixty-second year.
HENRY R. SCHOOLCRAFT, *Commissioner.* 549 Ogisna Kegido, (The Chief Speaker,) 1st chief of the tribe. Tondagonee, (A dog rampant or furious.) Mukkukoosh, (The Broken Chest, Keg, or Box.) Ogimaus, (The Little Chief, or chief of subordinate authority.) Ottawaus, (The Little Ottawa.) Peetwaweetam, (The Coming Voice.) Mushkootagwima, (The Meadow Sparrow, or Feather in the Meadow or Plain.) Acqueweezais, (The Expert Boy, i. e. wickedly expert.) Kaugaygeezhig, (The Everlasting Sky.
) Wasso, (The Bright Light, or light falling on a distant object.) Signed in presence of Jno. Garland, Maj. U. S. A. Henry Connor, Sub-agent. T. B. W. Stockton. G. D. Williams, Commission of int. impt. S. Mich. Jonathan Beach. Chas. C. Hascall, Receiver of public moneys. Albert J. Smith. Robt. J. S. Page. Wait Beach. Rev. Luther D. Whitney. T. R. Cumings. To the Indian names are subjoined marks. It was understood, previous to. [This note stricken out by the Senate.] the execution of the foregoing treaty, that the United States does not agree to advance the amount set apart by the sixth article for claimants, in lieu of reservations; and that no payments will be made, in accordance therewith, until the lands of the Indians are sold, and the proceeds thereof placed to their credit at the Treasury.
HENRY R. SCHOOLCRAFT, *Commissioner.* List of claims directed to be paid in the 6th article. To Mekitchewunoqua, or Betsey Lyon[This list stricken out by the Senate.] $800 00 Margaret Swarts, alias Gelesky 400 00 Kewayjewun and two children of Archy Lyon 400 00 Majo, of Saganaw, for himself and Indian family 400 00 John H. Connor 400 00 Richard H. Connor 400 00 Ladi, or Leon Tromblee 800 00 Adjejauk, or Joseph Visger 400 00 Antoine Beaubien, jun�r 400 00 Shawrescopenagsee, or Roi 400 00 Shawunacqum, daughter of Paro Roi 400 00 Wabipenaysee, son of Kaugegaygeezhik 400 00 John Baptist Barard 400 00 Keezhigoqua, daughter of Jacob Gravereat 400 00 Pierre Provencal 400 00 Bena Tromblee 400 00 Kenozia, or Stewart 400 00 Penacee, wife of Henry Campau 400 00 Mittigaubauk, or B.
Desnoyers 400 00 Albert J. Smith 1,000 00 Joseph Beaubien 400 00 HENRY R. SCHOOLCRAFT, *Commissioner.* [Note.—The foregoing treaty was ratified with the following amendments, ns contained in the resolution oi the Senate: Strike out the sixth article. Change articles 7 and 8 to *article* 6 and *article* 7. Strike out the note commencing “It was understood,” &c., and the “list of claims” immediately following. TREATY WITH THE NEW YORK INDIANS, as amended by the senate and assented to by the several tribes, 1838. *Treaty with the New York Indians, as amended by the Senate of the United States, June* 11*th,* 1838.
Jan. 15, 1838 Treaty 7 Stat. 550 ARTICLES OF A TREATY Jan. 15, 1838.Proclamation, April 4, 1840.*Made and concluded at Buffalo Creek in the Stale of New York, the fifteenth day of January in the year of our Lord one thousand eight hundred and thirty-eight, by Ransom H. Gillet, a commissioner on the part of the United States, and the chiefs, head men and warriors of the several tribes of New York Indians assembled in council wilnesseth:* Preamble.Whereas, The six nations of New York Indians not long after the close of the war of the Revolution, became convinced from the rapid increase of the white settlements around, that the time was not far distant when their true interest must lead them to seek a new home among their red brethren in the West:
And whereas this subject was agitated in a general council of the Six nations as early as 1810, and resulted in sending a memorial to the President of the United States, inquiring whether the Government would consent to their leaving their habitations and their removing into the neighborhood of their western brethren, and if they could procure a home there, by gift or purchase, whether the Government would acknowledge their title to the lands so obtained in the same manner it had acknowledged it in those from whom they might receive it; and further, whether the existing treaties would, in such a case remain in full force, and their annuities be paid as heretofore:
And whereas, with the approbation of the President of the United States, purchases were made by the Ante, p. 342.New York Indians from the Menomonie and Winnebago Indians of certain lands at Green Bay in the Territory of Wisconsin, which after much difficulty and contention with those Indians concerning the extent of that purchase, the whole subject was finally settled by a treaty between the United States and the Menomonie Indians, concluded in February, 1831, to which the New York Indians gave their assent on the seventeenth day of October 1832:
And whereas, by the provisions of that treaty, five hundred thousand acres of land are secured to the New York Indians of the Six Nations and the St. Regis tribe, as a future home, on condition that they all remove to the same, within three years, or such reasonable time as the President should prescribe: And whereas, the President is satisfied that various considerations have prevented those still residing in New York from removing to Green Bay, and among other reasons, that many who were in favour of emigration, preferred to remove at once to the Indian territory, which they were fully persuaded was the only permanent and peaceable home for all the Indians.
And they therefore applied to the President to take their Green Bay lands, and provide them a new home among their brethren in the Indian territory. And 550TREATY WITH THE NEW YORK INDIANS. 1838.551whereas, the President being anxious to promote the peace, prosperity and happiness of his red children, and being determined to carry out the humane policy of the Government in removing the Indians from the east to the west of the Mississippi, within the Indian territory, by bringing them to see and feel, by his justice and liberality, that it is their true policy and for their interest to do so without delay.
Therefore, taking into consideration the foregoing premises, the following articles of a treaty are entered into between the United States of America and the several tribes of the New York Indians, the names of whose chiefs, head men and warriors are hereto subscribed, and those who may hereafter give their assent to this treaty in writing, within such time as the President shall appoint. GENERAL PROVISIONS. Article 1. The several tribes of New YorkIndians relinquish their right to lands at Green Bay.
Indians, the names of whose chiefs, head men, warriors and representatives are hereunto annexed, in consideration of the premises above recited, and the covenants hereinafter contained, to be performed on the part of the United States, hereby cede and relinquish to the United States all their right, title and interest to the lands secured toAnte, p. 342. them at Green Bay by the Menomonie treaty of 1831, excepting the following tract, on which a part of the New York Indians now reside: beginning at the southwesterly corner of the French grants at Green Bay, and running thence southwardly to a point on a line to be run from the Little Cocaclin, parallel to a line of the French grants and six miles from Fox River; from thence on said parallel line, northwardly six miles; from thence eastwardly to a point on the northeast line of the Indian lands, and being at right angles to the same.
Article 2. In consideration of the aboveU. S. set apart other lands for Indians. cession and relinquishment, on the part of the tribes of the New York Indians, and in order to manifest the deep interest of the United States in the future peace and prosperity of the New York Indians, the United States agree to set apart the following tract of country, situated directly west of the State of Missouri, as a permanent home for all the New York Indians, now residing in the State of New York, or in Wisconsin, or elsewhere in the United States, who have no permanent homes, which said country is described as follows, to wit:
Beginning on the west line of the State of Missouri, at the northeast corner of the Cherokee tract, and running thence north along the west line of the State of Missouri twenty-seven miles to the southerly line of the Miami lands; thence west so far as shall be necessary, by running a line at right angles, and parallel to the west line aforesaid, to the Osage lands, and thence easterly along the Osage and Cherokee lands to the place of beginning to include one million eight hundred and twenty-four thousand acres of land, being three hundred and twenty acres for each soul of said Indians as their numbers are at present computed.
To have and to hold the same in fee simple to the said tribes or nations of Indians, by patent from the President of the United States, issued in conformity with the provisions of 1830, ch. 148.the third section of the act, entitled “An act to provide for an exchange of lands, with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi,” approved on the 28th day of May, 1830, with full power and authority in the said Indians to divide said lands among the different tribes, nations, or bands, in severalty, with the right to sell and convey to and from each other, under such laws and regulations as may be adopted by the respective tribes, acting by themselves, or by a general council of the said New York Indians, acting for all the tribes collectively.
It is understood and agreed that the above described country is intended as a future home for the follow-552TREATY WITH THE NEW YORK INDIANS. 1838.ing tribes, to wit: The Senecas, Onondagas, Cayugas, Tuscaroras, Oneidas, St, Regis, Stock bridges, Munsees, and Brothertowns residing in the State of New York, and the same is to be divided equally among them, according to their respective numbers, as mentioned in a schedule hereunto annexed. Article 3. Tribes that do not agree to remove, &c., to forfeit all interest in said lands.It is further agreed that such of the tribes of the New York Indians as do not accept and agree to remove to the country set apart for their new homes within five years, or such other lime as the President may, from time to lime, appoint, shall forfeit all interest in the lands so set apart, to the United States.
Article 4. Peace and friendship.Perpetual peace and friendship shall exist between the United States and the New York Indians; and the United States hereby guaranty to protect and defend them in the peaceable possession and enjoyment of their new homes, and hereby secure to them, in said country, the right to establish their own form of government, appoint their own officers, and administer their own laws; subject, however, to the legislation of the Congress of the United States, regulating trade and intercourse with the Indians, The lands secured to them by patent under this treaty shall never be included in any State or Territory of this Union.
The said Indians shall also be entitled, in all respects, to the same political and civil rights and privileges, that are granted and secured by the United States to any of the several tribes of emigrant Indians settled in the Indian Territory. Article 5. Land set apart for the Oneidas.The Oneidas are to have their lands in the Indian Territory, in the tract set apart for the New York Indians, adjoining the Osage tract, and that hereinafter set apart for the Senecas; and the same shall be so laid off as to secure them a sufficient quantity of timber for their use.
Those tribes, whose lands are not specially designated in this treaty, are to have such as shall be set apart by the President. Article 6. Annuities, where to be paid.It is further agreed that the United States will pay to those who remove west, at their new homes, all such annuities, as shall properly belong to them. The schedules hereunto annexed shall be deemed and taken as a part of this treaty. Article 7. Treaty binding when ratified.It is expressly understood and agreed, that this treaty must be approved by the President and ratified and confirmed by the Senate of the United States, before it shall be binding upon the parties to it.
It is further expressly understood and agreed that the rejection, by the President and Senate, of the provisions thereof, applicable to one tribe, or distinct branch of a tribe, shall not be construed to invalidate as to others, but as to them it shall be binding, and remain in full force and effect. Article 8. The accounts of the commissioner, &,c. how to be paid.It is stipulated and agreed that the accounts of the Commissioner, and expenses incurred by him in holding a council with the New York Indians, and concluding treaties at Green Bay and Duck Creek, in Wisconsin, and in the State of New York, in 1836, and those for the exploring party of the New York Indians, in 1837, and also the expenses of the present treaty, shall be allowed and settled according to former precedents.
SPECIAL PROVISIONS FOR THE ST. REGIS. Article 9. Payment to St. Regis Indians on their removal.It is agreed with the American party of the St. Regis Indians, that the United States will pay to the said tribe, on their removal west, or at such time as the President shall appoint, the sum of five thousand dollars, as a remuneration for monies laid out by the said tribe, and for services rendered by their chiefs and agents in securing the title to the Green Bay lands, and in removal to the same, 553the same to be aportioncd out to the several claimants by the chiefs of the said party and a United States’ Commissioner, as may be deemed by them equitable and just.
It is further agreed, that the following reservation of land shall be made to the Rev. Eleazer Williams, of said tribe, which he claims in his own right, and in that of his wife, which he is to hold in fee simple, by patent from the President, with full power and authority to sell and dispose of the same, to wit: beginning at a point in the west bank of Fox River thirteen chains above the old mill-dam at the rapids of the Little Kockalin; thence north fifty-two degrees and thirty minutes west, two hundred and forty chains; thence north thirty-seven degrees and thirty minutes-east, two hundred chains; thence south fifty-two degrees and thirty minutes east, two hundred and forty chains to the bank of Fox river; thence up along the bank of Fox river to the place of beginning.
SPECIAL PROVISIONS FOR THE SENECAS. Article 10. It is agreed with the Senecas that theyLand set apart for the Senecas, Cayugas and Onondagas. shall have for themselves and their friends, the Cayugas and Onondagas, residing among them, the easterly part of the tract set apart for the New York Indians, and to extend so far west, as to include one half-section (three hundred and twenty acres) of land for each soul of the Senecas, Cayugas and Onandagas, residing among them; and if, on removing west, they find there is not sufficient timber on this tract for their use, then the President shall add thereto timber land sufficient for their accommodation, and they agree to remove; to remove from the State of New York to their new homes within five years, and to continue to reside there.
And whereas at the making Money due to the Senecas by Massachusetts, to be paid to U. S., &c.of this treaty, Thomas L. Ogden and Joseph Fellows the assignees of the State of Massachusetts, have purchased of the Seneca nation of Indians, in the presence and with the approbation of the United States Commissioner, appointed by thePost, p. 590. United States to hold said treaty, or convention, ail the right, title, interest, and claim of the said Seneca nation, to certain lands, by a deed of conveyance a duplicate of which is hereunto annexed; and whereas the consideration money mentioned in said deed, amounting to two hundred and two thousand dollars, belongs to the Seneca nation, and the said nation agrees that the said sum of money shall be paid to the United States, and the United States agree to receive the same, to be disposed of as follows; the sum of one hundred thousand dollars is to be invested by the President of the United States in safe stocks, for their use, the income of which is to be paid to them at their new homes, annually, and the ballance, being the sum of one hundred and two thousand dollars, is to be paid to the owners of the improvements on the lands so deeded, according to an appraisement of said improvements and a distribution and award of said sum of money among the owners of said improvements, to be made by appraisers, hereafter to be appointed by the Seneca nation, in the presence of a United States Commissioner, hereafter to be appointed, to be paid by the United States to the individuals who are entitled to the same, according to said apprisal and award, on their severally relinquishing their respective possessions to the said Ogden and Fellows.
SPECIAL PROVISIONS FOR THE CAYUGAS. Article 11. The United States will set apart for theMoneys to be invested for the Cayugas, &c. Cayugas, on their removing to their new homes at the west, two thousand dollars, and will invest the same in some safe stocks, the income of which shall be paid them annually, at their new homes. The United States further agree to pay to the said nation, on their removal west, two thousand five hundred dollars, to be disposed as the chiefs shall deem just and equitable. 554 SPECIAL PROVISIONS FOR THE ONONDAGAS RESIDING ON THE SENECA RESERVATIONS.
Article 12. Investment for the Onondagas, &c.The United States agree to set apart for the Onondagas, residing on the Seneca reservations, two thousand five hundred dollars, on their removing west, and to invest the same in safe stocks, the income of which shall be paid to them annually at their new homes. And the United States further agree to pay to the said Onondagas, on their removal to their new homes in the west, two thousand dollars, to be disposed of as the chiefs shall deem equitable and just.
SPECIAL PROVISIONS FOR THE 0NEIDAS RESIDING IN THE STATE OF NEW YORK. Article 13. Payment to certain persona for services, &c.The United States will pay the sum of four thousand dollars, to be paid to Baptista Powlis, and the chiefs of the first Christian party residing at Oneida, and the sum of two thousand dollars shall be paid to William Day, and the chiefs of the Orchard party residing there, for expenses incurred and services rendered in securing the Green Bay country, and the settlement of a portion thereof; and they hereby agree to remove to their new homes in the Indian territory, ns soon as they can make satisfactory arrangements with the Governor of the State of New York for the purchase of their lands at Oneida.
SPECIAL PROVISIONS FOR THE TUSCARORAS. Article 14. Tuscaroras agree to remove in five years, &c.The Tuscarora nation agree to accept the country set apart for them in the Indian territory, and to remove there within five years, and continue to reside there. It is further agreed that the Tuscaroras shall have their lands in the Indian country, at the forks of the Neasha river, which shall be so laid off as to secure a sufficient quantity of timber for the accommodation of the nation.
But if on examination they are not satisfied with this location, they are to have their lands at such place as the President of the United States shall designate. The United States will pay to the Tuscarora nation, on their settling at the West, three thousand dollars, to be disposed of as the Tuscaroras convey certain land to U. S., in trust, &c.chiefs shall deem most equitable and just. Whereas the said nation owns, in fee simple, five thousand acres of land, lying in Niagara county, in the State of New York which was conveyed to the said nation by Henry Dearborn and they wish to sell and convey the same before they remove West:
Now therefore, in order to have the same done in a legal and proper way, they hereby convey the same to the United States and to be held in trust for them, and they authorize the President to sell and convey the same, and the money which shall be received for the said lands, exclusive of the improvements, the President shall invest in safe stocks for their benefit, the income from which shall be paid to the nation, at their new homes, annually; and the money which shall be received for improvements on said lands shall be paid to the owners of the improvements when the lands are sold.
The President shall cause the said lands to be surveyed, and the improvements shall be appraised by such persons as the nation shall appoint; and said lands shall also be appraised, and shall not be sold at a less price than the apprisal, without the consent of James Cusick, William Mountpleasant and William Chew, or the survivor, or survivors of them; and the expenses incurred by the United States in relation to this trust are to be deducted from the moneys received before investment.
And whereas, at the making of this treaty, Thomas L. Ogden and Joseph Fellows, the assignees of the State of Massachusetts, have purchased of the Tuscarora nation of Indians, in the presence and with the approbation of the commissioner appointed on the part of the United States to hold said treaty or convention, all the right, title, interest, and 555claim of the Tuscarora nation to certain lands, by a deed of conveyance, a duplicate of which is hereunto annexed: And whereas, die consideration money for said lauds has been secured to the said nation to their satisfaction, by Thomas L.
Ogden and Joseph Fellows; therefore the United States hereby assent to the said sale and conveyance and sanction the same. Article 15. The United States hereby agree that they will appropriate the sum of four hundred thousand dollars, to be applied from time to time, under the direction of the President of the United States, in such proportions, as may be most for the interest of the said Indians, parties to this treaty, for the following purposes, to wit: To aid them in removing to their homes, and supporting themselves the first year after their removal; to encourage and assist them in education, and in being taught to cultivate their lands; in erecting mills and other necessary houses; in purchasing domestic animals, and farming utensils and acquiring a knowledge of the mechanic arts.
In testimony whereof, the commissioner and the chiefs, head men, and people, whose names are hereto annexed, being duly authorized, have hereunto set their hands, and affixed their respective seals, at the time and place above mentioned. R. H. GILLET, *Commissioner.* Senecas. Dao-nepho-gah, or Little Johnson, Da-ga-o-geas, or Daniel Twoguns, Gee-odowa-neh, or Captain Pollard, Joh-nes-ha-dih, or James Stevenson, Hure-hau-stock, or Captain Strong, So-ne-a-ge, or Captain Snow, Hau-neh-hoy’s-oh, or Blue Eyes, Haw-naw-wah-es, or Levi Halftown, Goat-hau-oh, or Billy Shanks, Hau-sa-nea-nes, or White Seneca, Howah-do-goh-deh, or George Bennet, Hays-tah-jih, or Job Pierce, Sho-nan-do-wah, or John Gordon, Noh-sok-dah, or Jim Jonas, Shaw-neh-dik, or William Johnson, Gaw-neh-do-au-ok, or Reuben Pierce, Shaw-go-nes-goh-sha-oh, or Morris Half-town, Shaw-go-za-sot-hoh, or Jacob Jameson, Gua-wa-no-oh, or George Big Deer, Joh-que-ya-suse, or Samuel Gordon, Gua-ne-oh-doh, or Thompson S.
Harris, Gau-geh-queh-doh, or George Jimeson, Hon-non-de-uh, or Nathaniel T. Strong, Nuh-joh-gau-eh, or Tall Peter, Sho-nauk-ga-nes, or Tommy Jimmy, So-joh-gwa-us, or John Tall Chief, Shau-gau-nes-es-tip, or George Fox, Go-na-daw-goyh, or Jabez Stevenson, Tit-ho-yuh, or William Jones, Juneah-dah-glence, or George White, by his agent White Seneca, Gau-nu-su-goh, or Walter Thompson, by his agent Daniel Twoguns, Dau-ga-se, or Long John, Gua-sa-we-dah, or John Bark, Gau-ni-dough, or George Lindsay, Ho-ma-ga-was, or Jacob Bennet, On-di-heh-oh, or John Bennet, Nis-ha-nea-nent, or Seneca White, Ha-dya-no-doh, or Maris Pierce, Yoh-dih-doh, or David White, James Shongo, Ka-non-da-gyh, or William Cass, Ni-ge-jos-a, or Samuel Wilson, Jo-on-da-goh, or John Seneca.
Tuscaroras. Ka-nat-soyh, or Nicholas Cusick, Sacharissa, or William Chew, Kaw-we-ah-ka, or William Mt. Pleasant, Kaw-re-a-rock-ka, or John Fox, Gee-me, or James Cusick, Ju-hu-ru-at-kak, or John Patterson, O-tah-guaw-naw-wa, or Samuel Jacobs, Ka-noh-sa-ta, or James Anthony, Gou-ro-quan, or Peter Elm, Tu-nak-she-a-han, or Daniel Peter. Oneidas residing in the State of New-York, for themselves and their parties. Baptiste Powlis, Jonathan Jordon. Oneidas at Green Bay. John Anthony, Honjoit Smith, Henry Jordon, Thomas King. 556 St.
Regis. Eleazer Williams, chief and agent. Oneidas residing on the Seneca Reservation. Hon-no-ne-ga-doh, or Silversmith, (For himself and in behalf of his nation.) Hoge-wayhtab, or William Jacket, Sah-hu-gae-ne, or Button George. Principal Onondaga Warriors, in behalf of themselves and the Onondaga Warriors. Ka-noh-qua-sa, or William John, Dah-gu-o-a-dah, or Noah Silversmith. Cayugas. Skok-no-eh, or William King, Geh-da-or-loh, or James Young, Gay-on-wek, or Jack Wheelbarrow, D’yo-ya-tek, or Joseph Isaac, For themselves and in behalf of the nation.
Principal Cayuga Warriors, in behalf of themselves and the Cayuga Warriors. Hah-oh-u, or John Crow, Ho-na-e-geh-dah, or Snow Darkness, Gone-ah-ga-u-do, or Jacob G. Seneca, Di-i-en-use, or Ghastly Darkness, Hon-ho-gah-dyok, or Thomas Crow, Sago-gan-e-on-gwus, or Harvey Rowe, To-ga-ne-ah-doh, or David Crow, Soh-win-dah-neh, or George Wheeler, Do-goh-no-do-nis, or Simon Isaac, He-dai-ses, or Joseph Peter, Sa-go-di-get-ka, or Jacob Jackson. Witnesses:—James Stryker, Sub-agent, Six Nations, New York Indians.
Nathaniel T. Strong, United States' Interpreter, N. Y. agency. H. B. Potter. Orlando Allen. H. P. Wilcox. Charles H. Allen. Horatio Jones. Spencer H. Cone. W. W. Jones. J. F. Schermerhorn. Josiah Trowbridge. To the Indian names are subjoined a mark and seal. SCHEDULE A. Census of the New York Indians.census of the new york indians as taken in 1837. Number residing on the Seneca reservations. Senecas 2,309 Onondagas 194 Cayugas 130 2,633 Onondagas, at Onondaga 300 Tuscaroras 273 St.
Regis, in New York 350 Oneidas, at Green Bay 600 Oneidas, in New York 620 Stockbridges 217 Munsees 132 Brothertowns 360 The above was made before the execution of the treaty. R. H. GILLET, *Commissioner.* SCHEDULE B. Disposition of the $3000 provided for Tuscaroras by 14th article of this treaty.The following is the disposition agreed to be made of the sum of three thousand dollars provided in this treaty for the Tuscaroras, by the chiefs, and assented to by the commissioner, and is to form a part of the treaty: 557 To Jonathan Printess, ninety-three dollars.
To William Chew, one hundred and fifteen dollars. To John Patterson, forty-six dollars. To William Mountpleasant, one hundred and seventy-one dollars. To James Cusick, one hundred and twenty-five dollars. To David Peter, fifty dollars. The rest and residue thereof is to be paid to the nation. The above was agreed to before the execution of the treaty. R. H. GILLET, *Commissioner.* SCHEDULE C. Schedule applicable to theDisposition of the $4000 provided for the Onondagas and Cayugas.
Onondagas and Cayugas residing on the Seneca reservations. It is agreed that the following disposition shall be made of the amount set apart to be divided by the chiefs of those nations, in the preceding parts of this treaty, any thing therein to the contrary notwithstanding. To William King, one thousand five hundred dollars. Joseph Isaacs, seven hundred dollars. Jack Wheelbarrow, three hundred dollars. Silversmith, one thousand dollars. William Jacket, five hundred dollars.
Buton George, five hundred dollars. The above was agreed to before the treaty was finally executed. R. H. GILLET, *Commissioner.* At a treaty held under theJan. 15, 1838.In relation to the sale of lands by the Tuscaroras to the State of Massachusetts, referred to in 10th article. authority of the United States of America, at Buffalo Creek in the county of Erie, and State of New York, between the chiefs and head men of the Seneca nation of Indians, duly assembled in council, and representing and acting for the said nation, on the one part, and Thomas Ludlow Ogden of the city of New York and Joseph Fellows of Geneva, in the county of Ontario, on the other part, concerning the purchase of the right and claim of the said Indians in and to the lands within the State of New York remaining in their occupation:
Ransom H. Gillet, Esquire, a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esquire, the superintendent on behalf of the Commonwealth of Massachusetts, being severally present at the said treaty, the said chiefs and head men, on behalf of the Seneca nation did agree to sell and release to the said Thomas Ludlow Ogden and Joseph Fellows, and they the said Thomas Ludlow Ogden and Joseph Fellows did agree to purchase all the right, title and claim of the said Seneca nation of, in and to the several tracts, pieces, or parcels of land mentioned, and described in the instrument of writing next hereinafter set forth, and at the price or sum therein specified, as the consideration, or purchase money for such sale and release; which instrument being read and explained to the said parties and mutually agreed to, was signed and sealed by the said contracting parties, and is in the words following:
This indenture, made thisThe deed of conveyance. fifteenth day of January in the year of our Lord one thousand eight hundred and thirty-eight, between the chiefs and head men of the Seneca nations of Indians, duly assembled in council, and acting for and on behalf of the said Seneca nation, of the first part, and Thomas Ludlow Ogden, of the city of New York, and Joseph 558Fellows of Geneva, in the county of Ontario, of the second part witnesseth: That the said chiefs and head men of the Seneca nation of Indians, in consideration of the sum of two hundred and two thousand dollars to them in hand paid by the said Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released and confirmed, and by these presents do grant, bargain, sell, release and confirm unto the said Thomas Ludlow Ogden and Joseph Fellows, and to their heirs and assigns, all that certain tract, or parcel of land situate, lying and being in the county of Erie and State of New York commonly called and known by the name of Buffalo Creek reservation, containing, by estimation forty-nine thousand nine hundred and twenty acres be the contents thereof more or less.
Also, all that certain other tract, or parcel of land, situate, lying and being in the counties of Erie, Chatauque, and Cattaraugus in said State commonly called and known by the name of Cattaraugus reservation, containing by estimation twenty-one thousand six hundred and eighty acres, be the contents thereof more or less. Also, all that certain other tract, or parcel of land, situate, lying and being in the said county of Cattaraugus, in said State, commonly called and known by the name of the Allegany reservation, containing by estimation thirty thousand four hundred and sixty-nine acres, be the contents more or less.
And also, all that certain other tract or parcel of land, situate, lying and being partly in said county of Erie and partly in the county of Genesee, in said State, commonly called and known by the name of the Tonawando reservation, and containing by estimation twelve thousand, eight hundred acres, be the same more or less; as the said several tracts of land have been heretofore reserved and arc held and occupied by the said Seneca nation of Indians, or by individuals thereof, together with all and singular the rights, privileges, hereditaments and appurtenances to each and every of the said tracts or parcels of land belonging or appertaining; and all the estate, right, title, interest, claim, and demand of the said party of the first part, and of tire said Seneca nation of Indians, of, in, and to the same, and to each and every part and parcel thereof: to have and to hold all and singular the above described and released premises unto the said Thomas Ludlow Ogden and Joseph Fellows, their heirs and assigns, to their proper use and behoof for ever, as joint tenants, and not as tenants in common.
In witness whereof, the parties to these presents have hereunto and to three other instruments of the same tenor and date one to remain with the United States, one to remain with the State of Massachusetts, one to remain with the Seneca nation of Indians, and one to remain with the said Thomas Ludlow Ogden and Joseph Fellows, interchangeably set their hands and seals the day and year first above written. Little Johnson, Daniel Two Guns, Captain Pollard, James Stevenson, Captain Strong, Captain Snow, Blue Eyes, Levi Halftown, Billy Shanks, White Seneca, George Bennet, John Pierce, John Gordon, Jim Jonas, William Johnson, Reuben Pierce, Morris Halftown, Jacob Jimeson, Samuel Gordon, Thompson S.
Harris, George Jemison, Nathaniel T. Strong, Tall Peter, Tommy Jimmy, John Tall Chief, George Fox, Jabez Stevenson, William Jones, 559 George White, by his agent, White Seneca, John Snow, Walter Thompson, by his agent, Daniel Two Guns, Long John, John Bark, George Lindsey, Jacob Bennet, John Bennet, Seneca White, Maris B. Pierce, David White, James Shongo, William Cass, Samuel Wilson, John Seneca. Signed, sealed and delivered in presence of James Stryker. Nathaniel T. Strong, Spencer H.
Cone, Interpreters. H. B. Potter. Charles H. Allen. To the Indian names are subjoined marks. At the beforementioned treaty, held in my presence, as superintendent on the part of the Commonwealth of Massachusetts, and this day concluded, the foregoing instrument of writing was agreed to by the contracting parties therein named, and was in my presence executed by them, and being approved by me, I do hereby certify and declare such' my approbation thereof. Witness my hand and seal, at Buffalo Creek, this 15th day of January in the year 1838.
JOSIAH TROWBRIDGE. I have attended a treaty of the Seneca nation of Indians, held at Buffalo Creek, in the county of Erie, in the State of New York, on the fifteenth day of January in the year of our Lord one thousand eight hundred and thirty-eight when the within instrument was duly executed, in my presence, by the chiefs of the Seneca nation, being fairly and properly understood by them, I do, therefore, certify and approve the same. R. H. GILLET, *Commissioner.* At a treaty held under and byJan. 15, 1838.In relation to the sale of lands by the Tuscaroras to the State of Massachusetts, referred to in 14th article. the authority of the United States of America, at Buffalo Creek, in the county of Erie, and State of New York, between the sachems, chiefs and warriors of the Tuscarora nation of Indians, duly assembled in council and representing and acting for the said nation, on the one part and Thomas Ludlow Ogden of the city of New York and Joseph Fellows of Geneva in the county of Ontario, on the other part, concerning the purchase of the right and claim of the said nation of Indians in and to the lands within the State of New York, remaining in their occupation:
Ransom H. Gillet, Esquire, a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esquire, the superintendent on behalf of the Commonwealth of Massachusetts, being severally present at the said treaty, the said sachems, chiefs and warriors, on behalf of the said Tuscarora nation, did agree to sell and release to the said Thomas Ludlow Ogden and Joseph Fellows, and they, the said Thomas Ludlow Ogden and Joseph Fellows did agree to purchase all the right, title and claim of the said Tuscarora nation of, in and to the tract, piece, or parcel of land mentioned and described in the instrument of writing next hereinafter set forth, and at the price, or sum therein specified, as the consideration or purchase money for such sale and release; which instrument being read and explained to the said parties, and mutually agreed to, was signed and sealed by the said contracting parties, and is in the words following:
This indenture, made this The deed of conveyance.fifteenth day of January in the year of our Lord one thousand eight hundred and thirty-eight, between the sachems, chiefs and warriors of the Tuscarora nation of Indians, duly assembled in council, and acting for and on behalf of the said Tuscarora nation 560of the first part, and Thomas Ludlow Ogden of the city of New York, and Joseph Fellows of Geneva, in the county of Ontario, of the second part witnesseth: That the said sachems, chiefs and warriors of the Tuscarora nation, in consideration of the. sum of nine thousand six hundred dollars, to them in hand paid by the said Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof is hereby acknowledged, have granted, bargained, sold released, and confirmed, and by these presents do grant, bargain, sell, release and confirm to the said Thomas Ludlow Ogden and Joseph Fellows, and to their heirs and assigns, all that tract or parcel of land situate, lying and being in the county of Niagara and State of New York, commonly called and known by the name of the Tuscarora reservation or Seneca grant, containing nineteen hundred and twenty acres, be the same more, or less, being the lands in their occupancy, and not included in the land conveyed to them by Henry Dearborn, together with all and singular the rights, the rights, privileges, hereditaments, and appurtenances to the said tract or parcel of land belonging, or appertaining, and all the estate, right, title, interest, claim and demand of the said party of the first part, and of the said Tuscarora nation of Indians of, in and to the same, and to every part and parcel thereof:
To have and to hold all and singular the above described and released premises unto the said Thomas Ludlow Ogden and Joseph Fellows, and their heirs and assigns, to their proper use and behoof for ever, as joint tenants and not as tenants in common. In witness whereof, the parties to these presents have hereunto and to three other instruments of the same tenor and date, one to remain with the United States, one to remain with the State of Massachusetts, one to remain with the Tuscarora nation of Indians and one to remain with the said Thomas Ludlow Ogden and Joseph Fellows, interchangeably set their hands and seals, the day and year first above written.
Nicholas Cusick, William Chew, William NJountpleasant, John Fox, James Cusick, John Patterson, Samuel Jacobs, James Anthony, Peter Elm, Daniel Peter. Sealed and delivered in presence of James Stryker. R. H. Gillet. Charles H. Allen. J. F. Schermerhorn. Nathaniel T. Strong, U. S. Interpreter. H. B. Potter. Orlando Allen. To the Indian names are subjoined a mark and seal. At the abovementioned treaty, held in my presence, as superintendent on the part of the Commonwealth of Massachusetts, and this day concluded, the foregoing instrument was agreed to by the contracting parties therein named, and was in my presence executed by them; and being approved by me, I do hereby certify and declare such my approbation thereof.
Witness my hand and seal, at Buffalo Creek, this 15th day of January, in the year 1838. J. TROWBRIDGE, *Superintendent.* I have attended a treaty of the Tuscarora nation of Indians, held at Buffalo Creek, in the county of Erie in the State of New York, on the fifteenth day of January in the year of our Lord one thousand eight hundred and thirty-eight, when the within instrument was duly executed in my presence, by the sachems, chiefs, and warriors of the said nation, 561being fairly and properly understood and transacted by all the parties of Indians concerned, and declared to be done to their full satisfaction.
I do therefore certify and approve the same. R. H. GILLET, *Commissioner.* Feb. 13, 1838 Treaty 7 Stat. 561 SUPPLEMENTAL ARTICLE Feb. 13, 1838.*To the Treaty concluded at Buffalo Creek, in the State of New York, on the* 15*th of January* 1838, *concluded between Ransom H. Gillet, commissioner on the part of the United States, and chiefs and head men of the St. Regis Indians, concluded on the 13th day of February 1838.* Supplemental article to the treaty concluded at Buffalo Creek in the State of New York, dated January 15 1838.
The undersigned chiefsAssent of the St. Regis Indians to the treaty. and head men of the St. Regis Indians residing in the State of New York having heard a copy of said treaty read by Ransom H. Gillet, the commissioner who concluded that treaty on the part of the United States, and he having fully and publicly explained the same, and believing the provisions of the said treaty to be very liberal on the part of the United States and calculated to be highly beneficial to the New York Indians, including the St.
Regis, who are embraced in its provisions do hereby assent to every part of the said treaty and approve the same. And it is further agreed, that any of the St. Regis Indians who wish to do so, shall be at liberty to remove to the said country at any time hereafter within the time specified in this treaty, but under it the Government shall not compel them to$1000 to be paid to them within one year after the ratification of this treaty. remove. The United States will, within one year after the ratification of this treaty, pay over to the American party of said Indians one thousand dollars, part of the sum of five thousand dollars mentioned in the special provisions for the St.
Regis Indians, any thing in the article contained to the contrary notwithstanding. Done at the council house at St. Regis, this thirteenth day of February in the year of our Lord one thousand eight hundred and thirty-eight. Witness our hands and seals. R. H. GILLET, *Commissioner.* Lover-taie-enve, Louis-taio-rorio-te, Michael Gaveault, Lose-sori-sosane, Louis-tioonsate, Jok-ta-nen-shi-sa, Ermoise-gana-saien-to, Tomos-tataste, Tier-te-gonotas-en, Tier-sokoia-ni-saks, Sa-satis-otsi-tsia-ta-gen, Tier-sgane-kor-hapse-e, Ennios-anas-ota-ka, Louis-te-ganota-to-ro, W ise-atia-taron ne, T omas-outa-gosa, Sose-te-gaomsshke, Louis-orisake-wha, Sosatis-atis-tsiaks, Tier-anasaken-rat, Louis-tar-oria-keshon, Jasen-karato-on.
The foregoing was executed in our presence;—A. K. Williams, Agent on the part of New York for St. Regis Indians. W. L. Gray, Interpreter. Owen C. Donnelly. Say Saree. To the Indian names are subjoined a mark and seal. Sept. 28, 1838.Assent of the Senecas to the treaty, as amended by the Senate.We the undersigned chiefs of the Seneca tribe of New York Indians, residing in the State of New York, do hereby give our free and voluntary assent to the foregoing treaty as amended by the resolution of the Senate of the United States on the eleventh day of Jane 1838, and to our contract therewith, the same having been submitted to us by Ran-562som R.
Gillet, a Commissioner on the part of the United States, and fully and fairly explained by him, to our said tribe, in council assembled. Dated Buffalo Creek September 28 1838. Captain Pollard, Captain Strong, White Seneca, Blue Eyes, George Bennett, Job Pierce, Tommy Jimmy, William Johnson, Reuben Pierce, Morris Halftown, Levi Halftown, George Big Deer, Jim Jonas, George Jimeson, Thomas Jimeson, George Fox, N. T. Strong, Thompson S. Harris, Samuel Gordon, Jacob Jimeson, John Gordon, Tall Peter, Billy Shanks, James Stevenson, Walter Thompson, John Bennett, John Seneca, John General, Major Jack Berry, John Tall Chief, Jabez Stevenson.
To the Indian names are subjoined marks. The above signatures were freely and voluntarily given after the treaty and amendments had been fully and fairly explained in open council. R. H. GILLET, *Com.* Witness:—H. A. S. Dearborn, Superintendent of Massachusetts. James Stryker, U. S. Agent. Little Johnson, Samuel Wilson, John Buck, William Cass, Long John, Sky Carrier, Charles Greybeard, John Hutchinson, Charles F. Pierce, John Snow. To the Indian names are subjoined marks. These ten chiefs signed in my presence except the last John Snow.
H. A. S. DEARBORN, *Superintendent of Massachusetts.* Signed in presence of Nathl. T. Strong, U. S. Interpreter. James Stryker, U. S. Agent. George Kenququide, by his attorneys. N. T. Strong. White Seneca. The signature of George Kenququide was added by his attorneys in our presence. R. H. GILLET, 18*th January* 1839. JAMES STRYKER. Aug. 9, 1838.Assent of the Oneidas to the treaty, as amended by the Senate.We the undersigned chiefs of the Oneida tribe of New York Indians do hereby give our free and voluntary assent to the foregoing treaty as amended by the resolution of the Senate of the United States on the eleventh day of June 1838, the same having been submitted to us by Ransom H.
Gillet, a commissioner on the part of the United States and fully and fairly explained by him to our said tribe in council assembled. Dated August 9th 1838 at the Oneida Council House. Executed in the presence of TIMOTHY JENKINS. 563 First Christian Party, Baptista Powlis, Anthony Big Knife, Peter Williams, Jacob Powlis, Anthony Anthony, Peter Martin, Cornelius Summer, Isaac Wheelock, Thomas Doxtater, William Hill, Baptiste Denny. Orchard Party. Jonathan Jordon, Thomas Scanado, Henry Jordon, William Day.
Second Christian Party. Abraham Denny, Adam Thompson, Peter Elm, Lewis Denny, Martin Denny. To the Indian names are subjoined marks. The above assent was voluntarily freely and fairly given in my presence, after being fully and fairly explained by me. R. H. GILLET., *Com, &c.* Aug. 14, 1838.Assent of the Tuscaroras to the treaty, as amended by the Senate.We the undersigned chiefs and head men of the tribe of Cayuga Indians residing in the State of New York do hereby give our free and voluntary assent to the foregoing treaty as amended by the resolution of the Senate of the United States on the eleventh day of June 1838, the same having been submitted to us by Ransom H.
Gillet, a commissioner on the part of the United States, and fully and fairly explained by him to our said tribe in council assembled. Dated August 14th, 1838. Nicholas Cusick, William Chew, William Mauntpleasant, John Patterson, Matthew Jack, George L. Printup, James Cusick, Jonathan Printup, Mark Jack, Samuel Jacobs. Executed in presence of J. S. Buckingham, D. Judson, Leceister S. Buckingham, Orlando Allen. To the Indian names are subjoined marks. The above assent was freely and voluntarily given after being fully and fairly explained by me.
R. H. GILLET, *Com.* Aug. 30, 1838.Assent of the Cayugas to the treaty, as amended by the Senate.We the undersigned sachems chiefs and head men of the Tuscarora nation of Indians residing in the State of New York, do hereby give our free and voluntary assent to the foregoing treaty as amended by the resolution of the Senate of the United States on the eleventh day of June 1838, and to our contract connected therewith, the same having been submitted to us by Ransom H. Gillet, a commissioner on the part of the United States, and fully and fairly explained by him to our said tribe in council assembled.
Dated August 30th 1838. Thomas Crow, John Crow, Ghastly Darkness, Jacob G. Seneca. Executed in presence of James Young. To the Indian names are subjoined marks. The above four signatures were freely given in our presence. R. H. GILLET, *Com.* H. A. S. DEARBORN, *Superintendent of Massachusetts.* 564 Oct. 9, 1838.Assent of the St. Regis Indians to the treaty, as amended by the Senate.We the undersigned sachems, chiefs and head men of the American party of the St. Regis Indians residing in the State of New York, de hereby give our free and voluntary assent to the foregoing treaty as amended by the Senate of the United States on the eleventh day of June 1838, the same having been submitted to us by Ransom H.
Gillet a commissioner on the part of the United States, and fully and fairly explained by him to our said tribe in council assembled. The St. Regis Indians shall not be compelled to remove under the treaty or amendments. Dated October 9th, 1838. Lorenn-taie-enne, Sase-sori-hogane, Louis-taw-roniate, Thomas-talsete, Saro-sako-ha-gi-tha, Louis-te-ka-nota-tiron, Michael Gareault, W. L. Gray, Int. Louis-tio-on-sate, Tier-ana-sa-ker-rat, Tomas-ska-en-to-gane, Tier-sa-ko-eni-saks, Saro-tsio-her-is-en, Sak-tho-te-ras-en, Saro-saion-gese, Louis-onia-rak-ete, Louis-aion-gahes, Sak-tha-nen-ris-hon, Sa-ga-tis-ania-ta-ri-co, Louis-sa-ka-na-tie, Sa-ga-tis-asi-kgar-a-tha, Simon-sa-he-rese, Resis-tsis-kako, Ennias-kar-igiio, Sak-tsior-ak-gisen, Tier-kaien-take-ron, Kor-ari-hata-ko, Tomas-te-gaki-gasen, Saro-thar-on-ka-tha, Ennias-anas-ota-ko, Wishe-te-ka-nia-tasoken.
Tomas-tio-nata-kgente, W ishe-aten-en-rahes, Tomas-ioha-hiio, Ennias-kana-gaien-ton, Louis-taro-nia-ke-thon, Louis-ari-ga-ke-wha, Sak-tsio-ri-te-ha, Louis-te-ga-ti-rhon, Tier-atsi-non-gis-aks. The foregoing assent was signed in our presence. R. H. GILLET, *Com.* Witnesses:—James B. Spencer. Homan W. Tucker. A. K. Williams, Agent St. Regis Indians. Frs. Marcoux Dictre. To the Indian names are subjoined marks. Aug. 31, 1838.Assent of the Onondagas to the treaty, as amended by the Senate.We the undersigned, chiefs, head men and warriors of the Onondaga tribe of Indians residing on the Seneca reservations in the State of New-York, do hereby give our free and voluntary assent to the foregoing treaty as amended by the Senate of the United States on the eleventh day of June, 1838, the same having been submitted to us, by Ransom H.
Gillet, a commissioner on the part of the United States and fully and fairly explained by him to our said tribe in council assembled. Dated August 31st, 1838. Silversmith, Noah Silversmith, William Jacket. To the Indian names are subjoined marks. The above signatures were freely given in our presence. R. H. GILLET, *Com.* H. A. S. DEARBORN, *Superintendent of Massachusetts.* Jan. 23, 1838 Treaty 7 Stat. 565 ARTICLES OF A TREATY Jan. 23, 1838.Proclamation, July 2, 1838.*Concluded at the city of Saganaw in Michigan, on the twenty-third day of January eighteen hundred and thirty-eight, between the United States of America, by the undersigned commissioner, and the several bands of the Chippewa nation comprehended within the district of Saganaw.* Preamble.Whereas the chiefs of said bands have represented, that combinations of purchasers may be formed, at the sale of their lands for the purpose of keeping down the price thereof, both at the public and private sales, whereby the proceeds would be greatly diminished; and whereas, such a procedure would defeat some of the primary objects of the cession of the lands to the United States, and thereby originate difficulties to their early removal and expatriation to the country west of the Mississippi; and whereas, full authority has been given to the undersigned, respectively, on the part of the United States, and the said bands, to conclude and settle every question connected with the sale and cession aforesaid;
Now therefore, to the end, that justice may completely ensue, the objects of both the contracting parties be attained, and peace and friendship be preserved with said tribes, it is mutually agreed us follows: Article 1st. The lands ceded by the treaty ofLands ceded by treaty of 14th Jan. 1837, to be offered for sale by proclamation, &c.Proviso.Ante, p. 528. the 14th of January 1837, shall be offered for sale, by proclamation of the President, and the sale shall be conducted in the same manner, as the laws require other lands to be sold. *But it is provided,* That all lands brought into market, under the authority of said treaty, shall be put up for sale by the register and receiver of the respective land office, at five dollars per acre, which is hereby declared to be the minimum price thereof; and if this price is not bid the sales shall be stopped: nor shall any such lands be disposed of, either at public or private sales, for a sum less than1844, ch. 104. five dollars per acre, for, and during the term of two years from the commencement of the sale.
Should any portion of said lands remain unsold at the expiration of this time, the minimum price shall be diminished to two dollars and fifty cents per acre, at which price they shall be subject to entry until the Proviso.whole quantity is sold: *Provided,* That if any part of said lands remain unsold at the expiration of five years from the date of the ratification of this treaty, such lands shall fall under the provision of third article of this treaty. Article 2nd. The survey and proclamation of[This article stricken out; see the amendments in the ratification.] sale shall apply, as well to the reserves on the river Angrais, and at Rifle river, of which said Indians are to have the usufruct and occupancy for five years, as to the other lands ceded: but the sales shall be made subject to the incumbrance of such right of occupancy by the Indians, nor shall any lands thus sold be entered upon, until the full end and term of said five years, without the consent of said Indians, publickly obtained, at the office of the proper superintendent, agent or sub-agent, of such tribe or baud; which consent shall be expressed by the certificate of such officer, delivered to the purchaser.
And to enable such officer to act understandingly, in the discharge of this duty, a plat of the survey of such reservations, shall be furnished for the use of his office. Article 3rd. To provide against the contingency of any of said lands remaining unsold, and to remove any objections to emigrating, on the 565566TREATY WITH THE ONEIDAS. 1838.Provision in case any of said lands remain unsold.Proviso.part of the Indians, based on such remainder, it is hereby agreed, that every such section, fractional section, or other unsold remainder, shall, at the expiration of five years from the ratification of this treaty, be sold for such sum as it will command, *Provided,* That no such sale shall be made for less than seventy-five cents per acre.
Article 4th. [This article stricken out; see the amendment in the ratification.]Should the said Indians agree to emigrate, and give up their reservations on the west shores of Saganaw bay at any time during the first period of sale herein before mentioned, they shall receive from the United States the minimum price per acre, fixed for said period, and if during the second period, the minimum price for the second period. Article 5th. Treaty binding when ratified.This treaty shall be binding from the date of its constitutional ratification; but its validity shall not be affected by any modification, or non-concurrence of the President and Senate, in the third and fourth articles thereof.
In testimony whereof, the undersigned, Superintendent of Indian Affairs and commissioner on the part of the United States, and the chiefs and delegates of said bands, have hereunto set their hands, and affixed their seals, at the city of Saganaw on this twenty-third day of January, in the year of our Lord one thousand eight hundred and thirty-eight, and of the independence of the United States, the sixty-second year. HENRY R. SCHOOLCRAFT, *Commissioner.* Ogima Keegido, Mo-cuck-koosh, Oe-quee-wee-sance, Saw-wur-bon, Show-show-o-nu-bee-see, Ar-ber-too-quet.
Signed and executed in presence of Jeremiah Riggs, Overseer farmers I. D. E. S. Williams, Sam’l G. Watson, Wm. F. Mosely, D. E. Corbin, Leon Tremble, Jas. La-Schoolcraft, Joseph F. Marsac, William S. Lee. To the Indian names are subjoined a mark and seal. [Note.—The foregoing treaty was ratified with the following amendments: “Strike out articles 2 and 4.Change articles 3 and 5 to read article 2nd, article 3rd.”] Feb. 3, 1838 Treaty 7 Stat. 566 ARTICLES OF A TREATY, Feb. 3, 1838.Proclamation, May 17, 1838.*Made at the City of Washington between Carey A.
Harris, thereto specially directed by the President of the United States and the First Christian and Orchard parties of the Oneida Indians residing at Green Bay, by their chiefs and representatives.* Art. 1. Cession to the United States.The First Christian and Orchard parties of Indians cede to the United States all their title and interest in the land set apart for them in the Ante, pp. 3421st article of the treaty with the Menomonies of February 8th, 1831, and the 2d article of the treaty with the same tribe of October 27th, 1832.
Art. 2. From the foregoing cession there shall be reserved to the said Indians to be held as other Indian lands are held a tract of land 567Reservations to be made from said cession.containing one hundred
(100)acres, for each individual, and the lines of which shall be so run as to include all their settlements and improvements in the vicinity of Green Bay. Art. 3. Consideration for said cession.In consideration of the cession contained in the 1st article of this treaty, the United States agree to pay to the Orchard party of the Oneida Indians three thousand
(3000)dollars, and to the First Christian party of Oneida Indians thirty thousand five hundred (30,500) dollars, of which last sum three thousand (3,000) dollars may be expended under the supervision of the Rev. Solomon Davis, in the erection of a church and parsonage house, and the residue apportioned, under the direction of the President among the persons having just claims thereto; it being understood that said aggregate sum of thirty-three thousand five hundred (33,500) dollars is designed to be in reimbursement of monies expended by said Indians and in remuneration of the services of their chiefs and agents in purchasing and securing a title to the land ceded in the 1st article. The United States further agree to cause the tracts reserved in the 2d article to be surveyed as soon as practicable. Art. 4. Relinquishment by John Denny.In consideration of the sum of five hundred
(500)dollars to be paid to him by the chiefs and representatives of the said parties of Oneida Indians, John Denny (alias John Sundown,) their interpreter agrees to relinquish to them all his title and interest in the tract reserved in the 2d article of this treaty. Art. 5. Expenses of this treaty to be paid by U. S.It is understood and agreed that the expenses of this treaty and of the chiefs and representatives signing it, in coming to and returning from this city, and while here, shall be paid by the United States. Art. 6. Treaty binding when ratified.This treaty to be binding upon the contracting parties when the same shall be ratified by the United States. In witness whereof, the said Carey A. Harris and the undersigned chiefs and representatives of the said parties of Oneida Indians have hereunto set their hands at the City of Washington, this third day of February 1838. C. A. HARRIS. First Christians. Henry Powles, John Denny, alias John Sundown, Adam Swamp, Daniel Bread. Orchard. Jacob Cornelius. In presence of Geo. W. Jones, Det. Wis. Ter. Solomon Davis. Alfred Iverson. O. S Hall. Jas. P. Maury. Charles E. Mix. Charles J. Love. John Denny, alias John Sundown, Interpreter. To the Indian names are subjoined marks. Oct. 19, 1838 Treaty 7 Stat. 568 ARTICLES OF A TREATY Oct. 19, 1838.Proclamation, March 2, 1839.*Made at the Great Nemowhaw sub-agency between John Dougherty Agent of Indian Affairs on the part of the United States, being specially authorized, and the chiefs and headmen of the Ioway tribe of Indians for themselves, and on the part of their tribe.* Article 1st. Cession to U. S. by the Iowas.The Ioway tribe of Indians cede to the United States, *First.*All right or interest in the country between the Missouri and Mississippi rivers, and the boundary between the Sacs and Foxes, and Sioux, described in the second article of the treaty made with these and Ante, p. 272,other tribes, on the 19th of August 1825, to the full extent to which said claim is recognised in the third article of said treaty, and all interest or claim by virtue of the provisions of any treaties since made by the United States with the Sacs and Foxes of the Mississippi. *Second.*All claims or Ante, pp. 231, 328, & 511.interest under the treaties of August 4th 1824, July 15th 1824, and September 17th 1836, except so much of the last mentioned treaty as secures to them two hundred sections of land the erection of five comfortable houses, to enclose and break up for them two hundred acres of ground to furnish them with a ferry boat, one hundred cows and calves, five bulls, one hundred head of stock hogs a mill and interpreter. Article 2d. Consideration therefor.In consideration of the cession contained in the preceding article, the United States agree to the following stipulations on their part. *First.*To pay to the said Ioway tribe of Indians the sum of one hundred and fifty-seven thousand five hundred ($157,500) dollars. *Second.*To invest said sum of one hundred and fifty-seven thousand five hundred (157,500) dollars, and to guaranty them an annual income of not less than five per cent, thereon during the existance of their tribe. *Third.*To set apart annually such amount of said income as the chiefs and headmen of said tribe may require, for the support of a blacksmith shop agricultural assistance, and education to be expended under the direction of the President, of the United States. *Fourth.*To pay out of said income to Jeffrey Derroiu interpreter for said tribe for services rendered, the sum of fifty dollars annually during his natural life the balance of said income shall be delivered, at the cost of the United States, to said tribe of Ioway Indians in money or merchandise, at their own discretion, at such time and place as the President may direct, *Provided always* That the payment shall be made each year in the month of October. Article 3d. U. S. to erect ten houses, at such places as the Indians may direct.The United States further agree in addition to the above consideration to cause to be erected ten houses at such place or places on their own land as said Ioways may select, of the following description
(viz)each house to be ten feet high from bottom sill to top plate eighteen by twenty feet in the clear the roof to be well sheeted and shingled, the gable ends to be weather boarded a good floor above and below, one door and two windows complete, one chimney of stone or brick, and the whole house to be underpined. 568TREATY WITH THE MIAMIES. 1838.569 Article 4th. This treaty to be binding upon the contracting parties when tlie same shall be ratified by the United States. In witness whereof the said John Dougherty agent of Indian affairs and the undersigned chiefs and headmen of the loway tribe of Indians have hereunto set their hands this 19th day of October A. D. 1838. JNO. DOUGHERTY, *Ind. Agt.* Frank White Cloud, Non-gee-ninga, or No Heart, Kon-gee, or the Plum, Mock Shig a ton-ah, or the Great Man, Wah nun guaschoo ny, or He that has no Fear, Seenah ty yaa, or the Blistered Foot, Rahno way ing ga, or Little Pipe, Thraw ing ga, or Little War Eagle, Pak she ing ga, or the Cocked Nose, O yaw tche a, or Heard to Load, Ro to gra zey, or Speckled Rib, Mah za, or the Iron, Ta-ro-hah, or Pile of Meat. Done in presence of Anthony L. Davis, Ind. sub-agt. Vance M. Campbell. James M. Crope. Jeffrey Deroin, Interpreter. To the Indian names are subjoined marks. Nov. 6, 1838 Treaty 7 Stat. 568 ARTICLES OF A TREATY Nov. 6, 1838.Proclamation, Feb. 8, 1839.*Made and concluded at the Forks of the Wabash in the State of Indiana, between the United States of America, by her Commissioner Abel C. Pepper, and the Miami tribe of Indians on the sixth day of November in the year of our Lord eighteen hundred ana thirty-eight.* Art. 1. Land ceded to the U. S.The Miami tribe of Indians hereby cede to the United States all that tract of land lying south of the Wabash river and included within the following bounds to wit: Commencing at a point on said river where the western boundary line of the Miami reserve intersects the same, near the mouth of Pipe creek; thence south two miles; thence west one mile; thence south along said boundary line, three miles; thence east to the Mississinnewa river; thence up the said river with the meanders thereof to the eastern boundary line of the said Miami reserve; thence north along said eastern boundary line to the Wabash river; thence down the said last named river with the meanders thereof to the place of beginning. The said Miami tribe of Indians do also hereby cede to the Cession of certain reservations.Ante, p. 189.United States, the three following reservations of land made for the use of the Miami nation of Indians by the 2d article of a treaty made and concluded at St. Mary’s in the State of Ohio, on the 6th of October 1818 to wit: The reservation on the Wabash river, below the forks thereof: The residue of the reservation opposite the mouth of the river Abouette: The reservation at the mouth of a creek called Flat Rock, where the road to White river crosses the same. Also one other reservation of land made for the use of said tribe at Seeks village on Eel river,Ante, p. 300. by the 2d article of a treaty made and concluded on the 23d October 1626. Art. 2. From the cession aforesaid,Reservation for the band of Me-to-sin-ia. the Miami tribe reserve for the band of Me-to-sinia, the following tract of land to wit: Beginning on570the eastern boundary line of the big reserve, where the Mississinnewa river crosses the same; thence down said river with the meanders thereof to the mouth of the creek called Forked Branch; thence north two miles; thence in a direct line to a point on the eastern boundary line two miles north of the place of beginning; thence south to the place of beginning, supposed to contain ten square miles. Art. 3. Consideration for said cession.In consideration of the cession aforesaid, the United States agree to pay the Miami tribe of Indians three hundred and thirty-five thousand six hundred and eighty dollars; sixty thousand dollars of which to be paid immediately after the ratification of this treaty and the appropriation to carry its provisions into effect; and the residue of said sum after the payment of claims hereinafter stipulated to be paid, in ten yearly instalments of twelve thousand five hundred and sixty-eight dollars per year. Art. 4. Paymants to J. B. Richardville and F. Godfroy.It is further stipulated that the sum of six thousand eight hundred dollars, be paid John B. Richardville; and the sum of two thousand six hundred and twelve dollars be paid Francis Godfroy; which said sums are their respective claims against said tribe prior to October 23, 1834, excluded from investigation by the late commissioner of the United States, by reason of their being Indians of said tribe. Art. 5. Commissioner to investigate claims, &c.The said Miami tribe of Indians being anxious to pay all their just debts, at their request it is stipulated, that immediately after the ratification of this treaty, the United States shall appoint a commissioner or commissioners, who shall be authorized to investigate all claims against said tribe which have accrued since the 23d day of October 1834, without regard to distinction of blood in the claimants; and to pay such debts as, having accrued since the said period, shall be proved to his or their satisfaction, to be legal and just. Art. 6. $150,000 to be set apart for the payment of certain claims.It is further stipulated that the sum of one hundred and fifty thousand dollars out of the amount agreed to be paid said tribe in the third article of this treaty, shall be set apart for the payment of the claims under the provisions of the fourth and fifth articles of this treaty, as well as for the payment of any balance ascertained to be due from said tribe by the investigation under the provisions of the treaty of 1834; and should there be an unexpended balance in the hands of said commissioner or commissioners after the payment of said claims, the same shall be paid over to the said tribe at the payment of their next subsequent annuity; but should the said sum so set apart for the purpose aforesaid, be found insufficient to pay the same, then the ascertained balance due on said claims shall be paid in three equal instalments from the annuities of said tribe. Debts of Indians not to operate as a lien on their annuities or lands.And the said Miami tribe of Indians through this public instrument proclaim to all concerned, that no debt or debts that any Indian or Indians of said tribe may contract with any person or persons, shall operate as a lien on the annuity or annuities, nor on the land of the said tribe for legal enforcement. Nor shall any person or persons other than the members of said Miami tribe, who may by sufferance live on the land of, or intermarry in, said tribe, have any right to the land or any interest in the annuities of said tribe, until such person or persons shall have been by general council adopted into their tribe. Art. 7. Buildings, &c. to be appraised, &c.It is further stipulated, that the United States will cause the buildings and improvements on the land hereby ceded, to be appraised, and have buildings and improvements of a corresponding value made at such places as the chiefs of said tribe may designate: and the Indians 571of said tribe are to remain in the peaceable occupation of their present improvements, until the United States shall make the said corresponding improvements. Art. 8. It is further stipulated that thePatent for certain land to issue to Beaver and Chapine.Ante, p. 300. United States patent to Beaver, the five sections of kind, and to Chapine the one section of land, reserved to them respectively in the second article of the treaty made Anno Domino 1826, between the parties to the present treaty. Art. 9. The United States agree to cause theBoundary to be surveyed and marked. boundary lines of the land of said tribe in the State of Indiana, to be surveyed and marked within the period of one year after the ratification of this treaty. Art. 10. The United States stipulate toU. S. to provide Indians with a country west of the Mississippi, &c. possess, the Miami tribe of Indians of, and guarranty to them forever, a country west of the Mississippi river, to remove to and settle on, *when the said tribe may be disposed to emigrate from their present country,* and that guarranty is hereby pledged; And the said country shall be sufficient in extent, and suited to their wants and condition and be in a region contiguous to that in the occupation of the tribes which emigrated from the States of Ohio and Indiana. And when the said tribe shall have emigrated, the United States shall protect the said tribe and the people thereof, in their rights and possessions, against the injuries, encroachments and oppressions of any person or persons, tribe or tribes whatsoever. Art. 11. It is further stipulated, thatExploring party. the United States will defray the expenses of a deputation of six chiefs or headmen, to explore the country to be assigned to said tribe, west of the Mississippi river. Said deputation to be selected by said tribe in general council. Art. 12. The United States agree to grantU. S. to grant patents to Indians named in schedule annexed. by patent to each of the Miami Indians named in the schedule hereunto annexed, the tracts of land therein respectively designated. And the said tribe in general council request, that the patents for the grants in said schedule contained, shall be transmitted to the principal chief of said tribe, to be by him distributed to the respective grantees. Art. 13. It is further stipulated, thatIf not ratified at next session, &c., to be null and void. should this treaty not be ratified at the next session of the Congress of the United States, then it shall be null and void to all intents and purposes between the parties. Art. 14. And whereas John B. Richardville,J. B. Richardville’s portion to be paid him at Fort Wayne. the principal chief of said tribe, is very old and infirm, and not well able to endure the fatigue of a long journey, it is agreed that the United States will pay to him and his family the proportion of the annuity of said tribe which their number shall indicate to be due to them, at Fort Wayne whenever the said tribe shall emigrate to the country to be assigned them west, as a future residence. Art. 15. It is further stipulated that asSupport of the infirm, &c.Ante, p. 300. long as the Congress of the United States shall in its discretion make an appropriation under the sixth article of the treaty made between the United States and said tribe in the year 1826 for the support of the infirm and the education of the youth of said tribe, one half of the amount so appropriated shall be paid to the chiefs, to be by them applied to the support of the poor and infirm of said tribe, in such manner as shall be most beneficial. Art. 16. This treaty after the same shallTreaty binding when ratified. be ratified by the President and Senate of the United States, shall be binding on the contracting parties. 572 In testimony whereof the said Abel G. Pepper commissioner as aforesaid, and the chiefs, headmen and warriors of the Miami tribe of Indians, have hereunto set their hands at the forks of the Wabash the sixth day of November in the year of our Lord one thousand eight hundred and thirty eight. ABEL C. PEPPER, *Commissioner.* J. B. Richardville, Minjenickeaw, Paw-la wn-zo-aw, Ne-we-lang-guaung-gaw, O-zan-de-ah, Waw-pa-pin-shaw, Nac-kaw-guaung-gaw, Kaw-tah-maung-guaw, Kah-wah-zay, To-pe-yaw, Pe-waw-pe-yaw, Me-shing-go-me-jaw, Nac-kon-zaw, Ne-kon-zaw, W aw-pe-maung-guaw, Ching-guaw-ke-aw, Aw-koo-te-aw, Ke-mo-te-aw, Kil-so-aw, Taw-we-ke-juc, W aw-paw-ko-se-aw, Mac-quaw-ko-naung, Maw-yauc-que-yaw. Signed in presence of John T. Douglass, Sub-Agent. Allen Hamilton, Seely, to Commissioner. Dani. D. Pratt, Asst. Seety. to Commissioner. J. B. Duret. H. Lasselle. Win. Hulbert, Ind. Agt. To the Indian names are subjoined marks. Schedule of grants referred to in the foregoing treaty article twelve. Grants of land to parsons named.To John B. Richardville, principal chief, Two sections of land, to include and command the principal falls of Pipe creek. Three sections of land, commencing at the mouth of the Salamania river, thence running three miles down the Wabash river, and one mile up the Salamania river. Two sections of land, commencing at the mouth of the Mississinnewa river, thence down the Wabash river two miles and up the Mississinnewa river, one mile. One and one half section of land on the Wabash river at the mouth of Flat Rock (creek) to include his mills and the privileges thereof. One section of land on the Wabash river opposite the town of Wabash: ' All of which said tracts of land are to be surveyed as directed by the said grantee. To Francis Godfroy a chief one section of land opposite the town of Peru and on the Wabash river. One section of land on Little Pipe creek, to include his mill and the privileges thereof. Four sections of land where he now lives. All which said tracts of land are to be surveyed as directed by the said grantee. To Po-qua Godfroy one section of land to run one mile on the Wabash river and to include the improvements where he now lives. To Catherine Godfroy, daughter of Francis Godfroy and her children one section of land to run one mile on the Wabash river, and to include the improvement where she now lives. To Kahtah-roongquah, son of Susan Richardville one half section of land on the Wabash river below and adjoining the three sections granted to John B. Richardville. 573 To Mong-go-sah, son of La Blonde one-half section of landGrants of land to persons named. on the Wabash river below and adjoining the half section granted to Kah-tah-mong-quah. To Peter Gouin one section of land on the Sixth mile reserve, commencing where the northern line of said reserve intersects the Wabash river; thence down said river one mile and back for quantity. To Mais-shil-gouin-mi-zah, one section of land to include the “Deer Lick,” *alias* La Saline, on the creek that enters the Wabash river nearly opposite the town of Wabash. To O-zah-shin-quah and the wife of Bronilette, daughters of the “Deaf Man” as tenants in common one section of land on the Mississinnewa river to include the improvements where they now live. To O-san-di-ah one section of land where lie now lives on the Mississinnewa river, to include his improvements. To Wah-pi-pin-cha one section of land on the Mississinnewa river, directly opposite the section granted to Osan-diah. To Mais-zi-quah one section of land on the Wabash river, commencing at the lower part of the improvement of Old Sally, thence up said river one mile and back for quantity. To Tah-ko-nong one section of land where he now lives on the Mississinnewa river. To Cha-pine one section of land where he now lives on the Ten mile reserve. To White Loon one section of land, at the crossing of Longlois’s creek, on the Ten mile reserve, to run up said creek. To Francis Godfrey one section of land, to be located where he shall direct. To Neh-wah-ling-quah one section of land where he now lives on the Ten mile reserve. To La Fountain one section of land south of the section he now lives on and adjoining the same, on the Ten mile reserve. To Seek one section of land south of the section of land granted to Wa-pa-se-pah by the treaty of 1834 on the Ten mile reserve. To Black Loon one section of land on the Six mile reserve, commencing at a line which will divide his field on the Wabash river, thence up the river one mile and back for quantity. To Duck one section of land on the Wabash river below and adjoining the section granted to Black Loon, and one mile down said river, and back for quantity. To Mecha-nequa a chief, *alias* Grosmis one section of land where he now lives; One section to include his field on the Salainania river; One and one-half section commencing at the Wabash river where the road crosses the same from John B. Richardville, jr.’s; thence down the said river to the high bank on Mill creek; thence back so as to include a part of the prairie, to be surveyed as directed by said chief. To Tow-wah-keo-shee, wife of Old Pisha-wa one section of laud on the Wabash river below and adjoining the half section granted to Mon-go-sah. To Ko-was-see a chief one section of land now Seeks reserve, to include bis orchard and improvements. To Black Loon one section of land on the Six mile reserve and on the Salamonia river, to include his improvements. To the wife of Benjamin, Ah-mac-kon-zee-quah one section of land where she now lives, near the prairie and to include her improvements, she being commonly known as Pichoux’s sister. To Pe-she-wah one section of land above and adjoining the section and a half granted to John B, Richardville on Flat Rock (creek) and to run one mile on the Wabash river. 574TREATY WITH THE CREEKS. 1838. Grants of land to persona named.To White Raccoon one section of land on the Ten mile reserve where he may wish locate the same. To La Blonde, the chiefs daughter one section of land on the Wabash river below and adjoining the section of land granted to Francis Godfrey, to be surveyed as she may direct. To Ni-con-zah one section of land on the Mississinnewa river a little above the section of land granted to the Deaf Man’s daughters, and on the opposite side of the river, to include the pine or evergreen tree, and to he surveyed as he may direct. To John B. Richardville one section of land to include the Osage village on the Mississinnewa river as well as the burying ground of his family, to be surveyed as he may direct. To Kee-ki-lash-e-we-ah *alias* Godfrey one half section of land back af the section granted to the principal chief opposite the town of Wabash, to include the creek; One-half section of land commencing at the lower corner of the section granted to Mais-zi-quah, thence half a mile down the Wabash river. To Al-lo-lah one section of land above and adjoining the section granted to Mais-shie-gouin-mi-zah and on the same creek. To John B. Richardville, jr. one section of land on Pipe creek above and adjoining the two sections of land granted to the principal chief, to be surveyed as he may direct. To John B. Richardville, one section of land wherever he may choose to have the same located. It is understood that all the foregoing grants are to be located and surveyed so as to correspond with the public surveys as near as may be to include the points designated in each grant respectively. Nov. 23, 1838 Treaty 7 Stat. 574 ARTICLES OF A TREATY Nov. 23, 1838.Proclamation, March 2, 1832.*Made and concluded at Fort Gibson west of Arkansas between Captain William Armstrong-act superintendent Western Territory, and Brevt Brig Gen Arbuckle commissioners on the part of the United States and the undersigned chiefs being a full delegation of the Creek chiefs duly authorized and empowered by their nation to adjust “their claims for property and improvements abandoned, or lost, in consequence of their emigration west of the Mississippi.”* Art. 1st. Certain claims relinquished by Creeks.The Creek nation do hereby relinquish all “claims for property and improvements abandoned or lost, in consequence of their emigration west of the Mississippi,” in consideration of the sums stipulated in the following articles. Art. 2d. Payment for said claims.The United States agree to pay the Creek nation for property &c. as set forth in the preceding article the sum of fifty thousand dollars in stock animals as soon as practicable after the ratification of this treaty. These animals to be furnished and distributed to the people of each town in proportion to their loss, as set forth by the accompanying schedule under the direction of their chiefs and an agent of the Government. Art. 3d. Investment for certain Creeks.The United States further agrees to invest for the benefit of the individuals of the Creek nation referred to in the preceding article, 575the sum of three hundred and fifty thousand dollars and secure to them the interest of five per cent, thereon, to be paid annually, the interest for the first year to be paid in money, the interest thereafter to be paid in money, stock animals, blankets, domesticks or such articles of a simelar nature as the President of the United States may direct, to be distributed as set forth in the proceeding article. Art. 4th. It is further agreed that theSaid investment, after 25 years, how to be appropriated. sum invested by the proceeding article shall at the experation of twenty-five years be appropriated under the direction of the President of the United States for the common benifit of the Creek nation. Art. 5 5th. The United States farther agreesPayment to satisfy claims of the McIntosh party. to pay the sum of twenty-one thousand one hundred and three dollars and thirty-three cents, to satisfy claims of the early Creek emigrants to the west, of the McIntosh party as set forth in the accompanying schedule marked (A.) Art. 6th. In consideration of theSupplies for hostile Creeks. suffering condition of about two thousand five hundred of the Creek nation who were removed to this country as hostiles and that are not provided for by this treaty, and the representation of the chiefs of the nation, that their extreem poverty has, and will cause them to commit depredations on their neighbours, it is therefore agreed on the part of the United States that the Creek Indians refered to in this article shall receive ten thousand dollars in stock animals for one year, as soon as conveniance will permit after the ratification of this treaty. It is however understood by the contracting parties that the rejection of this article will not effect the other provisions of this treaty. In testamony whereof the commissioners on behalf of the United States and the delegates of the Creek nation have hereunto signed their names, this 23d day of November A. D. 1838 at Fort Gibson. WM. ARMSTRONG, *Act Sup Westn Tery.* M. ARBUCKLE, *Brevt Brig. Gen. U. S. A.* Rowly McIntosh, O Poth-le Yoholo, Little Doctor, Tus kem haw, Ufawala Hadjo, Fus-hutche-micco, Cotchy Tustannuggee, Chilby McIntosh, Co-wock-co-ge Emarthlar, Jas. Islands, Tin Thlannis Hadjo, Jim Boy, Cotchay Emarta, Jimmy Chopco, Yargu, Yar Dicker Tustannugga, Charlo Hadjo, Kusseter Micco, Lotti Fixico, Tom Martli Micco, David Barnett, Bob Tiger, Tnckabatche Hadjo, Cho Coater Tustannugga, Echo Hadjo, Tal Mars Hadjo, Etnarth Ea Hadjo. Witnesses:—J. S. McIntosh, Maj. 7th Inf. B. Riley, Maj. 4th Inf. S. W. Moore, Capt. 7th Inf. W. K. Hanson, Lt. 7th Inf. G. K. Paul, 1st Lt. 7th Inf., A. C. S. D. J. Whiling, 1st Lt. 7th Inf. G. J. Rains, Capt. 7th Inf. M. Stokes, Agent for Cherokee nation. James Logan, Agent for Creek nation. 1st Lt. S. G. Simmons, 7th Inf., Secretary to the Commission. To the Indian names are subjoined marks. Jan. 11, 1839 Treaty 7 Stat. 576 ARTICLES OF A TREATY Jan. 11, 1839.Proclamation, March 2, 1839.*Made and concluded at Fort Gibson, west of Arkansas between Brig. General M. Arbuckle, Commissioner on the part of the United States, and the chiefs, headmen and warriors of the Great and Little Osage Indians, duly authorized by their respective bands*. Article 1st. Cessions by the Osages. The Great and Little Osage Indians make the following cessions to the United States. *First*, Of all titles or interest in any reservation heretofore claimed by them, within the limits of any other tribe. *Second*, Of all claims or interests under the treaties of November tenth, one thousand eight hundred and eight and June second, one thousand eight hundred and twenty-five, except so much of the latter as is contained in the sixth article thereof and the said Indians hind themselves to remove from the lands of other tribes, and to remain within their own boundaries. Article 2d. Consideration therefor. In consideration of the cessions and obligations contained in the preceding article, the United States agree to the following stipulations on their part. *First*, Annuity. To pay to the said Great and Little Osage Indians, for the term of twenty years an annuity of twenty thousand dollars to be paid in the Osage nation, twelve thousand in money and eight thousand in goods stock, provisions, or money as the President may direct. *Second*, Blacksmiths. To furnish the Osage nation, for the term of twenty years, two blacksmiths and two assistants, the latter to be taken from the Osage nation, and receive two hundred and twenty-five dollars each, per year; each smith to be furnished with a dwelling house, shop and tools, and five hundred pounds of iron, and sixty pounds of steel annually. *Third*, Grist and saw mills. To furnish the Osage nation with a grist and saw mill, a miller to each for fifteen years, and an assistant to each for eleven years, the latter to be taken from the Osage nation and receive each two hundred and twenty-five dollars per year; each miller to be furnished with a dwelling house, and the necessary tools. *Fourth*, Cows, calves, hogs, &c. To supply the said Great and Little Osage Indians within their country with one thousand cows and calves, two thousand breeding hogs, one thousand ploughs; one thousand sets of horse gear; one thousand axes, and one thousand hoes; to be distributed under the direction of their agent, and chiefs, as follows, viz; to each family who shall form an agricultural settlement, one cow and calf, two breeding hogs, one plough, one set of horse gear, one axe, and one hoe. The stock tools &c. to be in readiness for delivery, as soon as practicable after the ratification of this treaty, and the Osages shall have complied with the stipulations herein contained. *Fifth*, Houses, wagons, &c. for certain chiefs. To furnish the following named chiefs, viz: Pa-hu-sca, Clermont, Chiga-wa-sa, Ka-he-gais-tanga, Tawan-ga-hais, Wa-cho chais, Ni-ka-wa-ch in-tan ga, Tally, Gui-hira-ba-chais, Baptiste Mongrain, each with a house worth two hundred dollars; and the following named chiefs, viz: Chi-to-ka-sa-bais, Wa-ta-ni-ga, Wa-tier-chi-ga, Chon-ta-sa-bais, 4576)576TREATY WITH THE OSAGES. 1839.577 Nan-gais-wa-ha-qui hais, Ka-hi-gais-stier-de-gais, Man-haie-spais-we-techis, Chow-gais-mo-non, Gre-tan-man-sais, Kan-sais-ke-cris, Cho-mi-kasais, Man-cha-ki-da-chi-ga, each with a house worth one hundred dollars, and to furnish the above named chiefs with six good wagons, sixteen carts, and twenty-eight yoke of oxen, with a yoke and log chain to each yoke of oxen, to be delivered to them in their own country, as soon as practicable after the ratification of this treaty. *Sixth*, To pay all claims against said Osages, for depredations committedPayment of claims against Indians. by them against other Indians or citizens of the United States, to an amount not exceeding thirty thousand dollars, provided that the said claims shall be previously examined under the direction of the President, *Seventh*, To purchase the reservations provided for individuals in thePurchase of certain reservations.Ante, p. 241. fifth article of the treaty of June second, one thousand eight hundred and twenty-five, at not exceeding two dollars per acre, to be paid to the respective reservees, excepting however from this provision, the tracts that were purchased in the fourth article of the treaty with the Cherokees of December twenty-ninth one thousand eight hundred and thirty-five. *Eighth*, To reimburse the sum of three thousand dollars deductedReimbursement of 83000 deducted from their annuity. from their annuity in one thousand eight hundred and twenty-five, to pay for property taken by them, which they have since returned. *Ninth*, To pay to Clermont’s band, their portion of the annuity forPayment to Clermont’s band. one thousand eight hundred and twenty-nine, which was wrongfully withheld from them, by the agent of the Government, amounting to three thousand dollars. Art. 3d. This treaty shall be binding on both parties when ratifiedTreaty binding when ratified. by the United States Senate. In testimony whereof the said Brig. General M. Arbuckle, commissioner as aforesaid, and the chiefs, headmen, and warriors, of the Great and Little Osage nation of Indians, have hereunto set their hands this eleventh day of January, in the year of our Lord one thousand eight hundred and thirty-nine. M. ARBUCKLE, Brevt Brig. Genl. U. S. A. Wa-tier-chi-ga, Chon-ta-sa-bais, Nnn-gais-wa-ha-qui-hais, Ka-hi-gais-stier-de-gais, Man-haie-spais-we-te-chis, Chou-gais-mo-non, Gre-tan-man-sais, Kan-sais-ke-cris, Cho-mi-ka-sais, Man-cha-ki-da-chi-ga, Hu-carti, Cha-bais-chiga, Pa-hu-sca, Clermont, Chign-wa-sa, Ka-hi-gais-tanga, Ta-wan-ga-hais, Wa-cho-chais, Ni-ka-wa-chin-tanga, Tally, Gui-hira-ha-chais, Baptisti Mon grain, Chi-to-ka-sa-bais, Wa-ta-ni-ga, Ka-lii-gais-wa-lier-hais, Man-hi-han-ga, Wa-non-pa-chais, Owa-sa-bais, Ti-cho-wa-ta-ni-ga, Wa-kan-da-hi-pa-on-be, Hi-hi-tanga, Ka-wa-tan-ga, Chon-ta-sai s-bais-chige, Mon-ka-sa-bais, llan-ber-la-que-ni, Hais-wa-tier-hai, Ma-non-po-chais, We-ha-sa-chais, Hudc-gais-ta-wa-ta-nige, Ti-cho-han-ga, Non-de-gais-tan-ga, Mi-ta-ni-ga, Wa-ka-non-te-si-rais, Ka-hi-gais-ka-cria, 578TREATY WITH THE SAGANAWS. 1839. Wa-cha-our-ta-sa, Wa-chin-pi-chais, Tier-to-ha, Ka-wa-ho-degais-ha-gue-ni, Ni-ko-hi-bran, Hi-cba-ha-cris, Wa-chin-pi-chais-la-ta, Hai-sca-ma-ni, Wa-kan-da-gais-clii-ga, Pon-ka-wa-ta-ni-ga, Sa-tan-wa-cris, Ha-ha-ga-be, Wa-la-ni, Hi-wa-ha-ga-chi-ga, Wa-cbin-o-ti, Equi-lias, To-wan-li-hi, Opa-ehi-gais, Ta-wan-tc-se-rais, Hi-bi-son-de-gais, Man-cha-ki-dais, Ta-bais-ki-hais, Pani-wa-we-ias, Ko-chi-wa-tier, Wa-cha-chuis-wo-chin-oti, Tier-pa-ga-hais, Wa-han-ga-tier Econ-Chais, Ni-ka-ha-eris. Witnesses:—B. Riley, Maj. 4th Inf. James R.Stephenson, Capt. 7lh Regt. Inf. W. Seawell, Capt. 7th Inf. D. P. Whiling, Lt, 7th Inf. R. C. Gatlin, Adj. 7lli Inf. P. S. G. Cooke, Capt. 1st Drags. Jtio. B. Shepherd, Lieut 7th Inf. C. Hanson, Lt. 7th Inf. P. Z. Chouteau. Frank Ritchie. M. Giraud. Dani. Boyd. Geo. R. Beard. Leo. Wetmore. Baptists Mongrain, Osago interpreter. Lt. S. G. Simmons, 7th Inf., secy to the commission. To the Indian names are subjoined marks. Feb. 7, 1839 Treaty 7 Stat. 578 ARTICLES SUPPLEMENTARY Feb. 7, 1839.Proclamation, March 2, 1839.Preamble.*To certain treaties between the United States and the Saganaw tribe of Chippewas.* Art. 1. Whereas the said tribe have, by the treaty of the 14th January, 1837, ceded to the United States, all their reserves of land in theAnte, p. 528. State of Michigan, on the principle of said reserves being sold at the public land offices for their benefit, and the actual proceeds being paid to them, as farther defined by stipulations contained in the amendments to said treaty of the 20th December 1837, and of the 23d January 1838. And whereas it is required by a subsequent law of Congress, to erect a light-house on one of said reserves, called Na-bo-bish tract, lying at the mouth of the Saganaw river, and to reserve so much of the same fromIndians agree to sell certain land. sale as may be necessary; it is therefore hereby agreed, by the said tribe, that for, and in consideration of the sum of eight dollars per acre, one sixteenth of a section of said tract, situated as aforesaid, shall be, and the same is hereby appropriated and set apart, to be located and disposed of in any manner the President may direct. And the same shall be reserved from sale, and all claim to any proceeds therefrom, except the sum herein before stipulated, is fully, completely and forever relinquished by said tribe. Art. 2. This compact to be submitted to the Senate for approval, &c. This compact shall be submitted to the President and Senate of the United States, to be approved by them, whereupon possession of the land may be immediately taken, and the usufructory right of the Indians thereto shall cease. In testimony whereof, the Acting Superintendent pro tem. of Indian Affairs for the State of Michigan, duly authorized for this purpose, and the chiefs of the said tribe, have hereunto set their hands and seals at Lower Saganaw in Michigan, this seventh day of February, in the year eighteen hundred and thirty-nine. JOHN HULBERT, *Act. Superintendent Indian Affairs pro tem*. TREATY WITH THE SAGANAWS. 1839.579 Ogima Kegido, Waubredoaince, Muckuk Kosh, Osaw Wauban, Sheeganageezhig, Penayseewabee, Caw-ga-kc-sch-sa, Shawon Epenaysee. In presence of J. E. Schwarz, Adj. Gen, M. M. Henry Connor, Sub-Agent. Leon Tremble, jr., U. S. Interpreter. B. C. Tremble. Joseph Tremble. To the Indian names are subjoined marks. Feb. 7, 1839 Treaty 7 Stat. 579 SUPPLEMENTARY ARTICLE Feb. 7, 1839.Proclamation, March 2, 1839.*To a certain treaty between the United States and the Chippewa chiefs of Saganaw, concluded at Lower Saganaw on the seventh day of February eighteen hundred and thirty-nine.* Art. 1st. Whereas by the first article of the aforesaid treaty, the chiefs stipulate to sell to the United States forty acres of land to be located on the Na-bo-bish tract at the mouth of Saganaw river, for thePreamble. purpose of erecting thereon a light-house. Now provided the President of the U. S. should prefer forty acres, on the tract, known as the forty thousand acre reservation, at the mouth of the aforesaid river, he is fully authorized by these presents to changePresident may:hange a certain location. the location from the Na-bo-bish tract, to the said forty thousand acre reservation. Signed and sealed at Lower Saganaw this seventh day of February 1839. JOHN HULBERT, Act. Superintendent of Ind. Affairs pro tern. Ogima Kegido, Waubredoaince, Muckuk Kosk, Osau Wauban, Sheeguanagcezbig Penayseewabee, Caw-ga-ke-seb-sa, Shawun Epenaysee. In presence of J. Schwarz, Adjt. Gen. M. M. Henry Connor, Sub-Agent. Leon Tremble, jr., U. S. Interpreter. B. C. Tremble. Joseph Tremble. To the Indian names are subjoined a mark and seal. Sept. 3, 1839 Treaty 7 Stat. 580 ARTICLES OF A TREATY Sept. 3, 1839.Proclamation, May 16, 1840.*Made at Stockbridge in the Territory of Wisconsin, on the third day of September in the year of our Lord one thousand eight hundred and thirty-nine, between the United States of America, by their commissioner Albert Gallup, and the Stockbridge and Alunsee tribes of Indians, who reside upon Lake Winnebago in the territory of Wisconsin.* Article 1. Land ceded to the U. S. The Stockbridge and Munsee tribes of Indians.(formerly of New York) hereby cede and relinquish to the United States, the east half of the tract of forty-six thousand and eighty acres of land, which was laid off for their use, on the east side of Lake Winnebago, in pursuance of the treaty made by George B. Porter commissioner on the part of the United States, and the Menominee nation of Indians, on the twenty-seventh day of October eighteen hundred and thirty-two. The said east half hereby ceded, to contain twenty-three thousand and forty acres of land; to be of equal width at the north and south ends, and to be divided from the west half of said tract of forty-six thousand and eighty acres, by a line to be run parallel to the east line of said tract.Payment therefor. The United States to pay therefor, one dollar per acre at the time and in the manner hereinafter provided. Art. 2. Payment to the emigrating party. Whereas a portion of said tribes, according to a census or roll taken, and hereunto annexed, are desirous to remove west and the others to remain where they now are; and whereas the just proportion of the emigrating party in the whole tract of forty-six thousand and eighty acres is eight thousand seven hundred and sixty-seven and three-fourths acres of land; it is agreed that the United States pay to the said emigrating party, the sum of eight thousand seven hundred and sixty-seven dollars and seventy-five cents, as a full compensation for all their interest in the lands held by the party who remain, as well as in the lands hereby ceded to the United States. Art. 3. Improvements of emigrating party to be paid for. Whereas the improvements of the emigrating party are all on that part of the original tract which is reserved and still held by the party who remain in Stockbridge, and it is but equitable that those who remain should pay those who emigrate for such improvements; it is agreed that the United States shall pay to the emigrating party the sum of three thousand eight hundred and seventy-nine dollars and thirty cents, the appraised value of said improvements; and it is hereby agreed and expressly understood, that the monies payable to the emigrating party shall be distributed among the heads of families according to the schedule hereunto annexed, the whole amount to be paid to the emigrating party under this and the preceding article being the sum of twelve thousand six hundred and forty-seven dollars and five cents. Art. 4. Balance of the consideration money to be invested, &c. The ballance of the consideration money for the lands hereby ceded, (after deducting the sums mentioned in the second and third articles,) amounting to the sum of ten thousand three hundred and ninety-two dollars and ninety-five cents, is to be paid to, and invested for the benefit of such of the Stockbridge and Munsee tribes of Indians580TREATY WITH THE STOCKBRIDGES, ETC. 1839.581 (numbering three hundred and forty-two souls) as remain at their present place of residence at Stockbridge on the east side of Winnebago lake, as follows. Six thousand dollars of said sum to be invested by the United States in public stocks at an interest of not less than five per cent, per annum as a permanent school fund; the interest of which shall be paid annually to the sachem and counsellors of their tribes, or such other person as they may appoint to receive the same, whose receipt shall be a sufficient voucher therefor; and the ballance thereof amounting to four thousand three hundred and ninety-two dollars and ninety-five cents, shall be paid to the said sachem and counsellors, or to such person as they may appoint to receive the same, whose receipt shall be a sufficient voucher therefor. Art. 5. The monies herein secured to be paid by the United StatesThe moneys to be paid in one year. to the Stockbridge and Munsee tribes amounting in all to twenty-three thousand and forty dollars, are to be paid in manner aforesaid, in one year from the date hereof, or sooner if practicable. Art. 6. It is agreed that an exploring party not exceeding three inExploring party. number may visit the country west, if the Indians shall consider it necessary, and that whenever those who are desirous of emigrating shall signify their wish to that effect, the United States will defray the expenses of their removal west of the Mississippi and furnish them with subsistence for one year after their arrival at their new homes. The expenses of the exploring party to be borne by the emigrants. Art. 7. Whereas there are certain unliquidated claims and accountsMode of settling claims between Indians. existing between the emigrating party, and those who remain where they now are, which it is now impossible to liquidate and adjust; it is hereby agreed that the same shall be submitted to the agent of the United States who shall be appointed to make the payments under this treaty, and that his decision shall be final thereon. In witness whereof we have hereunto set our hands and seals this third day of September in the year of our Lord one thousand eight hundred and thirty-nine. ALBERT GALLUP, *Com. on the part of the United States*. Austin E. Quinny, Sachem, Thomas T. Hendrick, John Metoxon, Jacob Chicks, Robert Konkapot, Captain Porter, Munsee chief, James Rain, Munsee war chief, Stockbridges Timothy Jourdan, Benjamin Palmer, Jno. N. Chicks, Jno. W. Quinney, John P. Quinney, John W. Newcom, Thomas S. Branch, Levi Konkapot, John Littlemon, Peter Sherman, J. L. Chicks. Munsee John Killsnake. Stockbridges Jeremiah Singerland, Jonas Thompson, Eli Hendrick, Elisha Konkapot, Henry Skicket, Simon S. Metoxen, Samuel Miller, Gerret Thompson, Daniel David, Ziba T. Peters, Simeon Konkapot, David Abrams, Jonas Konkapot, David Calvin, Benjamin Pye, sen. Aaron Ninham. Signed and sealed in presence of A. S. Kellogg, Cutting Marsh, Clark Whitney, John Deen, John Wilber. To the Indian names are subjoined a mark and seal. 582TREATY WITH THE MIAMIES. 1840. Roll and Schedule referred to in articles two and three of the Treaty hereunto annexed. Names of heads of families of emigrating party. No. of each family No. of acres of land to each family. Value of lands in dollars and cents. Appraised value of improvements. Total value of lands and improvements and amount to be paid to head of each family. Thomas T. Hendrick 6 713 $713 00 $480 50 $1,193 50 Robert Konkapot 4 490 12 490 50 939 00 1,429 50 Timothy Tousso 6 642 642 00 135 00 777 00 Elisha Konkapot 6 642 642 00 67 50 709 50 Cornelius Charles 7 686 680 00 — 686 00 Jonas Konkapot 3 321 321 00 56 35 377 25 Levi Konkapot 1 107 107 00 384 00 491 00 David Abrams 5 314 214 00 — 214 00 Dolly Dockstader 5 597 597 50 168 75 766 25 Eli Hendrick 3 321 321 00 238 25 559 25 Simeon Konkapot 3 321 321 00 — 321 00 Lydia Hendrick 1 107 107 00 305 00 412 00 Thomas S. Branch 1 131 12 131 50 — 131 50 John Baldwin 1 107 107 00 — 107 00 John W. Newcom 5 535 535 00 — 535 00 Jonas Littleman 1 107 107 00 — 107 00 Henry Skickett 3 321 321 00 — 321 00 Betsy Bennet 1 107 107 00 — 107 00 Peter Sherman 1 107 107 00 390 00 497 00 David Calvin 1 44 12 44 50 — 44 50 Eli Williams 1 107 107 00 — 107 00 Catherine Littleman 6 642 642 00 — 642 00 James Rain 6 642 643 00 40 00 682 00 Big Deer 1 107 107 00 — 107 00 Ziba T. Peters 3 246 13 546 25 144 30 390 55 Cornelius Chemaucum 2 214 214 00 — 214 00 And other heirs of Phebe Duchain 187 12 187 50 530 75 718 25 —— ———— ————— ————— ————— 80 8,767 34 8,767 75 3,870 30 12,647 05 Nov. 28, 1840 Treaty 7 Stat. 582 ARTICLES OF A TREATY Nov. 28, 1840.Proclamation, June 7, 1841.*Made and concluded at the Forks of the Wabash, in the State of Indiana, this twenty-eight day of November in the year of our Lord one thousand eight hundred and forty, between Samuel Milroy and Allen Hamilton, acting (unofficially) as commissioners on the part of the United States, and the chiefs, warriers and headmen of the Miami tribe of Indians.* Art. 1. Lands ceded to the U. S. The Miami tribe of Indians, do hereby cede to the United States all that tract of land on the south side of the Wabash river, not heretofore ceded, and commonly known as “ the residue of the Big Reserve.” Being all of their remaining lands in Indiana. Art. 2. For and in consideration of the cession aforesaid, the UnitedTREATY WITH THE MIAMIES. 1840.583 States agree to pay to the Miami tribe of Indians the sum of five hundredConsideration therefor. (See amendments.) and fifty thousand dollars. Two hundred and fifty thousand dollars of which sum to be set apart, and applied immediately after the ratification of this treaty and an appropriation is made by Congress to carry its provisions into effect, to the payment of the debts of the tribe, as hereinafter stipulated. And the residue, three hundred thousand dollars, to be paid in twenty equal yearly instalments. Art. 3. The Miamies, being desirous that their just debts shall beCommissioners to investigate claims. (See amendments.) fully paid; it is hereby, at their request stipulated, that immediately on the ratification of this treaty, the United States shall appoint a commissioner or commissioners, who shall be authorised to investigate all claims against any and every member of the tribe, which have accrued since the 6th day of November, 1838, or which may accrue before the date of the ratification of this treaty, without regard to distinction of blood in the claimant or claimants. And whose duty it shall be to enquire into the equity and legality of the original cause of indebtedness, whether the same now is, or may then be in the form of judgments, notes, or other evedence of debt, and report for payment out of the money set apart by this treaty for that purpose, such claims only, or parts of claims, as shall be both legal and just. And his or their award when approved by the President of the United States shall be final. Art. 4. It is further stipulated that the sum of twenty-five thousandPayments to J. B. Richardville, and the executor of F. Godfroy. dollars be paid to John B. Richardville. And the sum of fifteen thousand dollars to the acting executor of Francis Godfroy deceased, being the amount of their respective claims against the tribe; out of the money set apart for the payment of their debts by the second article of this treaty. Art. 5. And whereas the late war chief, (Francis Godfrey,) bequeathedPayments to the family of F. Godfroy. to his children a large estate, to remain unsold until the youngest of said children shall arrive at the age of twenty-one years. It is therefore, stipulated, that the United States shall pay to the family of said deceased chief their just proportion of the annuities of said tribe, at Fort Wayne, from and after the time the tribe shall emigrate to the country assigned to them west of the Mississippi. Art. 6. It is further stipulated, that the sum of two hundred and fiftyPayments in lieu of labor. dollars shall be paid annually by the United States, and accepted by the Miamies in lieu of the labour stipulated to be furnished by the fourth article of the treaty of the 23d of October J826, for the purpose ofAnte, p. 300. preventing the dissatisfaction, occasioned heretofore, in the distribution of said labour amongst the differant bands. Art. 7. It is further stipulated, that the United States convey byU. S, to convey certain land to Me-shing-go-me-zia. (See amendments.)Ante, p. 569. patent, to Me-shing-go-me-sia, son of Ma-to-sin-ia, the tract of land reserved by the 22d article of the treaty of the 6th of November 1838, to the band of Ma-to-sin-ia. And the same provision made in favour of John B. Richardville and family, in the 14th article of the treaty of the 6th of November 1838, is hereby granted and extended to the above named Me-shing-go-me-sia, and to his brothers. Art. 8. It is hereby stipulated, that the Miami tribe of IndiandsRemoval of Indians. shall remove to the country assigned them west of the Mississippi, within five years from this date; the United States paying every expence attending such removal, and to furnish rations to said tribe for twelve months after their arrival at said country. And the United States shall also cause four thousand dollars to be expended to the best advantage in supplying good merchantable pork and flower to said tribe, during the second year of their residence at their new homes. Which sum is to be deducted from their annuity of that year. 584TREATY WITH THE MIAMIES. 1840. Art. 9. In case of the sum set apart for the payment of debts being either too great or too small. (See amendments.) It is further stipulated, that should there be an unexpended ballance. of the “ two hundred and fifty thousand dollars,” after the payment of the debts of the tribe as provided in the second article of this treaty; such ballance is to be paid over to the Miamies at the next payment of annuities after the amount of said ballance shall have been ascertained. And, should the sum so set apart for the purpose aforesaid, be found insufficient to pay the said debts, then the ascertained ballance due on the same, to be paid out of the annuity arising from this treaty. Art. 10. Reservations of land to J. B. Richardville and F. Lafountain. It is stipulated and agreed between the contracting parties, that there shall be, and hereby is grunted and reserved to John B. Richardville, principal chief, seven sections of land, from the land ceded in the first article of this treaty; at such point or points as he may select (not less than one section at any one point,) to he conveyed to him by patent from the United States. And also, in like manner, one section of land to Francis Lafountain, at the rapids of Wildcat, to be surveyed under his direction. Art. 11. Provisions of former treaties not altered, ex-cept, &c. Nothing in this treaty shall be so construed as to impair the force or validity of former treaty stipulations, existing between the United States and the Miami tribe of Indians, not altered by nor coming within the purvieu of any of the provisions of this treaty. Art. 12. Expenses of this treaty to be paid by U.S. It is hereby stipulated, that the United States provide for the payment of the expence which may be necessarily incured in the negociation of this treaty. Art. 13. Treaty binding when ratified. This treaty shall be binding on the United States, and on the Miami tribe of Indians, from and after the date of its ratification by the President by and with the advice and consent of the Senate of the United States. But, if the same shall not be so ratified before the 4th day of March next, it shall be of no binding force or validity. Art. 14. Assent of the Indians to this treaty. We the chiefs warriers, and headmen of the Miami tribe of Indians, having examined and considered the foregoing articles, after the same had been interpreted and explained to us to our satisfaction, do hereby agree and request, that the said articles shall be taken and held as a treaty between the parties thereto; and when ratified as provided in the last preceding article, be binding on our tribe, and on the United States, as fully to all intents and purposes as though the same had been officially and formally made on the part of the United States. In testimony whereof, we, Samuel Milroy, and Allen Hamilton, on behalf of the United States, (as aforesaid,) and the chiefs, warriers, and headmen of the Miami tribe of Indians, have hereunto set our hands. Done at the Forks of the Wabash, in the State of Indiana, this twenty-eighth day of November, one thousand eight hundred and forty. SAMUEL MILROY, ALLEN HAMILTON. John B. Richardville, Prin. Chief. Wau-pa-pin-shaw, O-zan-dc-ah, Cha-pine, Me-shing-go-me-zia, Wauk-a-ahing-guah, To-pe-ah, Pe-wan-po-oh, Ma-ze-qua, Ma-gou-zah, Peshe-a-wauh, Po-qua-Godfroy, Na-kun-sah, Ko-es-say, Shin-go-me-zia, TREATY WITH THE MIAMIES.585 Te-moo-te-oh, Ma-qua-co-noong, Mon-go-sou, Toc-ke-mun-gaugh, Bo-wa-wah Signed in the presence of H. B. Milroy, Secretary. David Carrier. Geo. M. Maxwell. Robert H. Milroy. Peter Andre, Interpreter. To the Indian names are subjoined a mark and seal. In Senate of the United States, *February* 25, 1841. *Resolved* (two-thirds of the Senators present concurring) That theFeb. 25, 1841.Resolution of the Senate, assenting to the ratification of the treaty, with amendments. Senate advise and consent to the ratification of the treaty made and concluded at the Forks of the Wabash in the State of Indiana, the twenty-eigth day of November in the year of our Lord eighteen hundred and forty, between Samuel Milroy and Allen Hamilton, acting as commissioners on the part of the United States, and the chiefs warriers and headmen of the Miami tribe of Indians; with the following amendments; *Provided*, That the assent of the said Indians shall be properlyAssent of the Indians to be obtained. obtained to the same—to wit: In the second article, strike out the words “two hundred and fifty,”Amendments to the 2d article. and insert *three hundred;* and, in the latter clause, strike out “three hundred,” and insert *two hundred and fifty*. Add to the third article the following: Two hundred and fifty thousandAmendments to the 3d article. dollars of the sum set apart in the second article of this treaty shall be applied to the payment of debts contracted before the twenty-eigth day of November, 1840; and the residue of said sum, after such debts are satisfied, being fifty thousand dollars, to the payment of debts contracted between the last-named date and the time of the ratification of this treaty by the Senate of the United States; giving the preference, in the application of said sum of fifty thousand dollars, to debts contracted for provisions and subsistance. In the seventh article, strike out the words “twenty second” andAmendments to 7th article. insert *second*. In the same article, at the first period, insert—to be held in trust by the said Me-shing-go-me-zia, for his band; and the proceeds thereof, when the same shall be alienated, shall be equitably distributed to said band, under the direction of the President. In article nine, strike out “two hundred and fifty” and insert *threeAmendments to 9 lb article. hundred;* and strike out the whole of that article after the word “ ascertained.” Insert after article 11 an additional article; Article 12. The UnitedAdditional article.Boundaries of the land assigned to Indians. States hereby stipulate to set apart and assign to the Miamies, for their occupancy west of the Mississippi, a tract of country bounded on the east by the State of Missouri, on the north by the country of the Weas and Kaskaskias, on the west by the Pottawatomies of Indiana, and on the south by the land assigned to the New York Indians, estimated to contain five hundred thousand acres. Attest: ASBURY DICKINS, *Secretary*. We the undersigned chiefs headmen and warriors of the Miami tribeMay 15, 1841.Assent of the Indians to the amendments of the Senate. of Indians residing in the State of Indiana, do hereby give our free and voluntary assent to the foregoing amendments, made by the Senate of the United States on the 25th day of February last, to the treaty concluded by us with the United States on the 28th day of November 1840;586TREATY WITH THE SENECAS. 1842. the same having been submitted and fully explained to us by Saniue. Milroy and Allen Hamilton, commissioners on the part of the United States for that purpose, in full council assembled at the Forks of the Wabash in the State of Indiana. In testimony whereof we have hereunto set our hands, and affixed our seals respectively this fifteenth day of May 1841. Na-wa-lin-guab, Pe-she-wah, O-yao-de-ah, Na-kan-yalt, Shin-go-me-zia, Pe-wau-pe-ah, Te-moo-te-ah, Wan-pe-mun-guah, Sha-pen-do-ziah, Wan-pe-pin-ce-ah, Co-i-sey, Mah-con-zah, Pa-cong-ye-ab, Mah-qui-c-cah, Cau-te-mon-guah, Mong-gen-zuh, Mah-gon-zah, Con-o-cot-wab, Shau-cot-to-wah, Sha-pen-tlo-zia, Cant-ah-chin-guah, Ma-ze-quah, Cant-au-seep-au, To-pe-ah, Ma-con-zah, Maun-go-zah, Ka-lah-ca-mic, Keel-sott-saub, Keel-swab, Benjamin, John B. Richardville, Poqua Godfrey. Done in presence of Samuel Milroy, Allen Hamilton, Commissioners. H. B. Miltoy, Secretary to Commission. Peter Andrie, Grigway Boudie, Interpreters. To the Indian names are subjoined a mark and seal. May 20, 1842 Treaty 7 Stat. 586 [For Treaty with the Wyandott of March 17, 1843, sec post p. 607.] ARTICLES OR A TREATY May 20, 1842.Proclamation, Aug. 20, 1842.*Made and concluded at Buffalo Creek, in the State of New York, on the twentieth day of May in the year one thousand eight hundred and forty-two, between the United States of America, acting herein by Ambrose Spencer their Commissioner, thereto duly authorized, on the one part, and the chiefs, headmen and warriors of the Seneca nation of Indians, duly assembled in council, on the other part.* Preamble.Whereas a treaty was heretofore concluded, and made between the said United States, and the chiefs, headmen, and warriors of the several tribes of New York Indians, dated the fifteenth day of January in the year one thousand eight hundred and thirty-eight, which treaty havingAnte, p. 650. been afterwards amended, was proclaimed by the President of the United States, on the fourth of April one thousand eight hundred and forty, to have been duly ratified. And whereas on the day of making this treaty, and bearing even date herewith, a certain indenture’was made executed and concluded by and between the said Seneca nation of Indians and Thomas L. Ogden, and Joseph Fellows, assignees under the State of Massachusetts, in the presence, and with the approbation of a Commissioner appointed by the United States, and in the presence and with the approbation of Samuel Hoare, a superintendent on the part of the commonwealth of Massachusetts, which indenture is in the words and figures following to wit TREATY WITH THE SENECAS. 1842.587 " “This Indenture made and concluded between Thomas LudlowIndenture between Ludlow & Fellows and iho Seneca Indians. Ogden of the city of New York, and Joseph Fellows of Geneva, in the county of Ontario of the one part, and the chiefs and headmen of the Seneca nation of Indians, on the other part at a council duly assembled and held at Buffalo Creek in the State of New York on the twentieth day of May in the year one thousand eight hundred and forty-two in the presence of Samuel Hoare, the superintendent thereto authorized and appointed by and on the part of the commonwealth of Massachusetts, and of Ambrose Spencer a Commissioner thereto duly appointed and authorized on the part of the United States. “Whereas at a council held at Buffalo Creek on the fifteenth day of January in the year one thousand eight hundred and thirty eight, an indenture of that date was made and executed by and between the parties to this agreement, whereby the chiefs and headmen of the Seneca nation of Indians for the consideration of two hundred and two thousand dollars did grant, bargain, release and confirm unto the said Thomas Ludlow Ogden and Joseph Fellows, all those four several tracts of land, situate within the State of New York, then and yet occupied by the said nation, or the people thereof, severally described in the said indenture, as the Buffalo Creek Reservation, containing by estimation forty-nine thousand nine hundred and twenty acres of land, the Cattaraugus Reservation containing by estimation twenty-one thousand six hundred and eighty acres of land, the Allegany Reservation, containing by estimation thirty thousand four hundred and sixty-nine acres of land, and the Tonnewanda Reservation containing by estimation twelve thousand eight hundred acres of land; a duplicate of which indenture was annexed to a treaty of the same date made between the United States of America and the chiefs, headmen, and warriors of the several tribes of New York Indians assembled in council; which treaty was amended and proclaimed by the President of the United States on the fourth of April one thousand eight hundred and forty, as having been duly ratified; as by the said indenture, treaty and proclamation more fully appear. “And whereas divers questions and differences having arisen between the chiefs and headmen of the Seneca nation of Indians or some of them, and the said Thomas Ludlow Ogden and Joseph Fellows in relation to the said indenture, and the rights of the parties thereto, and the provisions contained in the said indenture being still unexecuted, the said parties have mutually agreed to settle, coinpromise and finally terminate all such questions and differences on the terms and conditions hereinafter specified. “Now therefore it is hereby mutually declared, and agreed, by and between the said parties as follows. “Article First. The said Thomas Ludlow Ogden, and Joseph Fellows in consideration of the release and agreements hereinafter contained, on the part of the said Seneca nation do on their part consent, covenant and agree that they the said nation (the said indenture notwithstanding) shall and may continue in the occupation and enjoyment of the whole of the said two several tracts of land, called the Cattaraugus Reservation, and the Allegany Reservation with the same right and title in all things, as they had and possessed therein immediately before the date of the said indenture, saving and reserving to the said Thomas Ludlow Ogden, and Joseph Fellows the right of preemption, and all other the right and title which they then had or held in or to the said tracts of land. “Article Second. The chiefs and headmen of the Seneca nation of Indians in consideration of the foregoing, and of the agreement588TREATY WITH THE SENECAS. 1842.Indenture between Ludlow & Fellows end the Seneca Indiana. next hereinafter contained, do on their part grant, release and confirm unto the said Thomas Ludlow Ogden, and Joseph Fellows, and to their heirs and assigns, in joint tenancy, the whole of the said two tracts of land severally called the Buffalo Creek Reservation, and the Tonnewanda Reservation, and all the right and interest therein of the said nation. “Article Third. It is mutually agreed, between the parties hereto that in lieu of the sum expressed in the said indenture, as the consideration of the sale, and release of the said four tracts of land, there shall be paid to the said nation a just consideration sum, for the release of the two tracts, hereby confirmed to the said Ogden and Fellows, to be estimated and ascertained as follows. “The present value of the Indian title to the whole of the said four tracts of land including the improvements thereon, shall for all the purposes of this present compact, be deemed and taken.to be two hundred and two thousand dollars, of which sum one hundred thousand dollars shall be deemed to be the value of such title in and to all the lands within the said four tracts exclusive of the improvements thereon, and one hundred and two thousand dollars to be the value of all the improvements within the said four tracts, and of the said sqm of one hundred thousand dollars the said Ogden and Fellows shall pay to the Seneca nation such proportion as the value of all the lands within the said two tracts called the Buffalo Creek, and Tonnewanda Reservations shall bear to the value of all the lands within all the said four tracts—and of the said sum of one hundred and two thousand dollars, the said Ogden and Fellows shall pay such proportion as the value of the improvements on the same two tracts, shall bear to the value of the improvements on all the said four tracts. “Article Fourth. The amount of the consideration monies to be paid in pursuance of the last preceding article, shall be determined by the judgment and award of arbitrators, one of whom shall be named by the Secretary of the War Department of the United States, and one by the said Ogden and Fellows, which arbitrators in order to such judgment and award, and to the performance of the other duties hereby imposed on them, may employ suitable surveyors to explore examine and report on the value of the said lands and improvements, and also to ascertain the contents of each of the said four tracts, which contents shall govern the arbitrators as to quantity in determining the amount of the said consideration money. “The same arbitrators shall also award and determine the amount to be paid to each individual Indian out of the sum which on the principles above stated, they shall ascertain and award to be the proportionate value of the improvements on the said two tracts called the Buffalo Creek Reservation and the Tonnewanda Reservation, and in case the said arbitrators shall disagree as to any of the matters hereby submitted to them, they may choose an umpire whose decision thereon shall be final and conclusive, and the said arbitrators shall make a report in writing of their proceedings in duplicate, such reports to be acknowledged or proved according to the laws of the State of New York, in order to their being recorded, one of such reports to be filed in the office of the Secretary of the Department of War, and the other thereof to be delivered to the said Thomas L. Ogden and Joseph Fellows. “Article Fifth. It is agreed, that the possession of the two parts hereby confirmed, to the said Ogden and Fellows, shall be surrendered and delivered up to them, as follows, viz: The forest or unimprovedTREATY WITH THE SENECAS. 1842.589 lands on the said tracts, within one month after the report of the saidIndenture between Ludlow & Fellows and the Seneca Indians. arbitrators shall be filed, in the office of the Department of War, and the improved lands within two years after the said report shall have been so filed; Provided always that the amount to be so ascertained and awarded, as the proportionate value of the said improvements, shall on, the surrender thereof be paid to the President of the United States, to be distributed among the owners of the said improvements, according to the determination and award of the said arbitrators, in this behalf, and provided further that the consideration for the release and conveyance of the said lands shall at the time of the surrender thereof be paid or secured to the satisfaction of the said Secretary of the War Department, the income of which is to be paid to the said Seneca Indians annually. “But any Indian having improvements may surrender the same, and the land occupied by him and his family at any’ time prior to the expiration of the said two years, upon the amount awarded to him for such improvements being paid to the President of the United States, or any agent designated by him for that purpose by the said Ogden and Fellows, which amount shall be paid over to the Indian entitled to the same, under the directions of the War Department. “Article Sixth. It is hereby agreed and declared, to be the understanding and intent of the parties hereto, that such of the said Seneca nation, as shall remove from the State of New York, under the provisions of any treaty, made or to be made, between the United States and the said Indians, shall be entitled in proportion to their relative numbers to the funds of the Seneca nation, and that the interest and income of such their share and proportion of the said funds, including the consideration money to be paid to the said nation in pursuance of this Indenture, and of all annuities belonging to the said Nation shall be paid to the said Indians so removing at their new homes, and whenever the said tracts called the Allegheny and the Cattaraugus Reservations, or any part thereof shall be sold and conveyed by the Indians remaining in the State of New York, the Indians so removing shall be entitled to share in the proceeds of said sales in the like proportion. And it is further agreed and declared, that such Indians owning improvements in the Cattaraugus and Alleghany tracts as may so remove from the State of New York, shall be entitled on such removal, and on surrendering their improvements to the Seneca nation, for the benefit of the nation to receive the like compensations for the same, according to their relative values, as in the third and fourth articles of this treaty are stipulated to be paid, to the owners of improvements in the Buffalo Creek and Tonnewanda Tracts, on surrendering their improvements; which compensations may be advanced by the President of the United States, out of any funds in the hands of the Government of the United States, belonging to the Seneca nation, and the value of these improvements shall be ascertained and reported by the Arbitrators, to be appointed in pursuance of the fourth article. “Article Seventh. This Indenture is to be deemed to be in lieu of, and as a substitute for the above recited Indenture made and dated the fifteenth day of January, one thousand eight hundred and thirty-eight, so far as the provisions of the two instruments may be inconsistent, or contradictory, and the said Indenture so far as the same may be inconsistent with the provisions of this compact, is to be regarded and is hereby declared to be rescinded and released. “Article Eighth. All the expenses attending the execution of this Indenture and compact including those of the arbitration and surveys590TREATY WITH THE SENECAS. 1842.Indenture between Ludlow & Fellows and the Seneca Indians. hereinbefore referred to, and also those of holding the treaty now in negotiation between the United States and the said Seneca Nation, except so far as may be provided for by the United States, shall be advanced and paid by the said Ogden and Fellows. “Article Ninth. The parties to this compact mutually agree to solicit the influence of the Government of the United States to protect such of the lands of the Seneca Indians, within the Slate of New York, as may from time to time remain in their possession from all taxes, and assessments for roads, highways, or any other purpose until such lands shall be sold and conveyed by the said Indians, and the possession thereof shall have been relinquished by them. “In witness whereof, the parties to these presents have hereunto, and to three other instruments of the same tenor and date, one to remain with the United States, one to remain with the State of Massachusetts, one to remain with the Seneca Nation of Indians, and one to remain with the said Thomas Ludlow Ogden and Joseph Fellows, interchangeably set their hands and seals the day and year first above written.” " Therefore taking into consideration the premises it is agreed and stipulated by and between the United States of America and the Seneca nation of Indians, as follows, to wit: *First*, U. S. agree to eatd indenture. The United States of America consent to the several articles and stipulations contained in the last recited Indenture between the said nation, and the said Thomas Ludlow Ogden and Joseph Fellows, above set forth. *Second*, Indians who remove under treaty of April 4 th, 1840, entitled to benefits thereof. The United States further consent and agree that any number of the said nation, who shall remove from the State of New York, under the provisions of the above mentioned Treaty proclaimed as aforesaid, on the fourth day of April one thousand eight hundred and forty, shall be entitled in proportion to their relative numbers to all the benefits of the said Treaty. *Third*, 10th article of treaty proclaimed April 4th, 1840, modified. The United States of America further consent and agree, that the tenth article of said Treaty proclaimed as aforesaid on the fourth day of April one thousand eight hundred and forty, be deemed, and considered as modified, in conformity with the provisions of the1840, ch. 34, §2. indenture hereinabove set forth, so far as that the United States will receive and pay the sum stipulated to be paid as the consideration money of the improvements therein specified, and will receive hold and apply the sum to be paid, or the securities to be given for the lands therein mentioned, as provided for in such Indenture. In testimony whereof the undersigned Ambrose Spencer Commissioner on the part of the United States of America, and the under-signed chiefs and headmen of the Seneca nation of Indians, have to two parts of this treaty, one thereof to remain with the United States, and the other thereof with the Seneca nation of Indians, set their hands and affixed their seals the day and year first above mentioned. AMBROSE SPENCER. Til-ho-yah, or William Jones, Saul Lagure, Gau-geh-gruh-doh, or George Jimison, Hau-neh-hoys-soh, or Blue Eyes, Jabez, Stevenson, William Krouse, Samuel Wilson, or Ni-ge-jos-a, William Krouse, John Seneca, or Jo-on-da-goh, Ho-no-yea-os, or Jacob Bennett, George Turkey, N. T. Strong, Daniel Fau Guns, Goal-hau-oh, or Billy Shanks, Daniel Fan Guns, Goat-hau-oh, or Billy Shanks, James Pierce, Gi-eut-twa-geh, or Robert Watt, 591TREATY WITH THE CHIPPEWAS. 1842. Thompson S. Harris, Sah-go-en-toh, or Morris Halftown, Ten-wan-ne-us, or Governor Black Smoke, Doa-ne-pho-gah, or Little Johnson, Job-nesh-ha-dih, or James Stevenson, Ho-wah-tan-eh-goh, or John Pierce, Da-gon-on-de, or William Patterson, Samuel Goudon, Tunis Halftown, Hau-sa-nea-nes, or White Seneca, Gah-nang-ga-eot, or Young Chief, Thomas Jameson, Moses Stevenson, Jonah Armstrong, Joseph Silverheels, Da-o-as-sah-au, or Jo. Hunlock, George Fox, Yaw-sau-ge, or Peter Johnson, Noh-sok-dah, or Jim Jonas, Dih-no-se-du, or Jacob Shongo, Seneca White, Gesh-u-aw, or James Shongo, Jarvis Spraing, Ti-at-tah-co, or Adam Dextador, Moris B. Pierce, So-gooh-quas, or John Tallchief, Isaac Halftown, David Snow, John Bark, George Killbuck, George Dennis, John Kennedy, sen., Abram John, Job Pierce, Saw-da-no, or George Deer, Ga-na-waw, or John Cook, Jaw-ne-en, or John Dickey, George Big Deer, Nah-joh-gau-eh, or Tall Peter, John Kennedy, jr. Done in presence of Samuel Milroy, Allen Hamilton, Commissioners. H. B. Milroy, Secretary to Commission. Peter Andrie, Grigway Boudie, Interpreters. To the Indian names are subjoined a mark and seal. Oct. 4, 1842 Treaty 7 Stat. 591 ARTICLES OF A TREATY *Made and concluded at La Pointe of Lake Superior, in the Territory of Wisconsin, between Robert Stuart commissioner on the part of the United States, and the Chippewa Indians of the Mississippi, and Lake Superior, by their chiefs and headmen*.Oct. 4, 1842.Proclamation, March 23, 1843. ARTICLE I. The Chippewa Indians of the Mississippi and Lake Superior, cede Land ceded to the U. S.to the United States ail the country within the following bounderies; viz: beginning at the mouth of Chocolate river of Lake Superior; thence northwardly across said lake to intersect the boundery line between the United States and the Province of Canada; thence up said Lake Superior, to the mouth of the St. Louis, or Fond du Lac river (including all the islands in said lake); thence up said river to the American Fur Company’s trading post, at the southwardly bend thereof, about 22 miles from its mouth; thence south to intersect the line of the treaty of 29th July 1837, with the Chippewas of the Mississippi; thence Ante, p. 536.along said line to its southeastwardly extremity, near the Plover portage on the Wisconsin river; thence northeastwardly, along the boundery line, between the Chippewas and Menomonees, Ante, p. 303.to its eastern termination, (established by the treaty held with the Chippewas, Menomonees, and Winnebagoes, at Butte des Morts, August 11th 1827) on the Skonawby river of Green Bay; thence northwardly to the source of Chocolate river; thence down said river to its mouth, the place of beginning; it being the intention of the parties to this treaty, to include in this cession, all the Chippewa lands eastwardly of the aforesaid lineTREATY WITH THE CHIPPEWAS. 1842.592running from the American Fur Company’s trading post on the Fond du Lac river to the intersection of the line of the treaty made with the Ante, p. 536.Chippewas of the Mississippi July 29th 1837. ARTICLE II. Hunting ground.The Indians stipulate for the right of hunting on the ceded territory, with the other usual privileges of occupancy, until required to remove by the President of the United States, and that the laws of the United States shall be continued in force, in respect to their trade and intercourse with the whites, until otherwise ordered by Congress. ARTICLE III. Unceded lands to be common properly of the Indians.It is agreed by the parties to this treaty, that whenever the Indians shall be required to remove from the ceded district, all the unceded lands belonging to the Indians of Fond du Lac, Sandy Lake, and Mississippi bands, shall be the common property and home of ail the Indians, party to this treaty. ARTICLE IV. Sums to be paid by U. S. for cession.In consideration of the foregoing cession, the United States, engage to pay to the Chippewa Indians of the Mississippi, and Lake Superior, annually, for twenty-five years, twelve thousand five hundred (12,500) dollars, in specie, ten thousand five hundred (10,500) dollars in goods, two thousand (2,000) dollars in provisions and tobacco, two thousand (2,000) dollars for the support of two blacksmiths shops, (including pay of smiths and assistants, and iron steel &Æ.) one thousand (1,000) dollars for pay of two farmers, twelve hundred (1,200) for pay of two carpenters, and two thousand (2,000) dollars for the support of schools for the Indians party to this treaty; and further the United States engage to pay the sum of five thousand (5,000) dollars as an agricultural fund, Indian debts to be paid by U.S.to be expended under the direction of the Secretary of War. And also the sum of seventy-five thousand (75,000) dollars, shall be allowed for the full satisfaction of their debts within the ceded district, which shall be examined by the commissioner to this treaty, and the amount to be allowed decided upon by him, which shall appear in a schedule hereunto annexed. The United States shall pay the amount so allowed within three years. Provision for half-breeds.Whereas the Indians have expressed a strong desire to have some provision made for their half breed relatives, therefore it is agreed, that fifteen thousand (15,000) dollars shall be paid to said Indians, next year, as a present, to be disposed of, as they, together with their agent, shall determine in council. ARTICLE V. Division of annuity.Whereas the whole country between Lake Superior and the Mississippi, has always been understood as belonging in common to the Chippewas, party to this treaty; and whereas the bands bordering on Lake Superior, have not been allowed to participate in the annuity payments of the treaty made with the Chippewas of the Mississippi, at St. Peters Ante, p. 536.July 29th 1837, and whereas all the unceded lands belonging to the aforesaid Indians, are hereafter to be held in common, therefore, to remove all occasion for jealousy and discontent, it is agreed that all the annuity due by the said treaty, as also the annuity due by the present treaty, shall henceforth be equally divided among the Chippewas of the Mississippi and Lake Superior, party to this treaty, so that every person shall receive an equal share. ARTICLE VI. Indians on mineral districts subject to removal.The Indians residing on the Mineral district, shall be subject to removal therefrom at the pleasure of the President of the United States. TREATY WITH THE CHIPPEWAS. 1842.593 ARTICLE VII. This treaty shall be obligatory upon the contracting parties, when ratified by the President and Senate of the United States. In testimony whereof, the said Robert Stuart commissioner, on the part of the United States, and the chiefs and headmen of the Chippewa Indians of the Mississippi and Lake Superior, have hereunto set their hands, at La Pointe of Lake Superior, Wisconsin Territory this fourth day of October in the year of our Lord one thousand eight hundred and forty-two. ROBERT STUART, *Commissioner*. JNO. HULBERT, *Secretary*. Crow-wing River, Po go ne gi sbik, 1st chief, Do. Son go com ick, 2d do. Sandy Lake, Ka non do ur uin zo, 1st do. Do. Na turn e gaw bon, 2d do. Gull Lake, Ua bo jig, 1st do. Do. Pay pe si gon de bay, 2d do. Red Ceder Lake, Kui ui sen sbis, 1st do. Do. Ott taw wance, 2d do. Po ke gom maw, Bai io jig, 1st do. Do. Show ne aw, 2d do. Wisconsin River, Ki uen zi, 1st do. Do. Wi aw bis ke kut to way, 2d do. Lac de Flambeau, A pish ka go gi, 1st do. Do. May tock cus e quay, 2d do. Do. She inaw gon e, 2d do. Lake Bands, Ki ji ua bo she shi, 1st do. Do. Ke kon o turn, 2d do. Fond du Lac, Shin goob, 1st do. Do. No gan nab, 2d do. Do. Mong o zet, 2d do. La Pointe, Gitchi waisky, 1st do. Do. Mi zi, 2d do. Do. Ta qua gone e, 2d do. Onlonagan, O kon di kan, let do. Do. Kis ke taw wac, 2d do. Ance, Pe na shi, 1st do. Do. Guck we san sisb, 2d do. Vieux Desert, Ka she osh e, 1st do. Do. Medge waw gwaw wot, 2d do. Mille Lac, Ne qua ne be, 1st do. Do. Ua shash ko kum, 2d do. Do. No din, 2d do. St. Croix, Be zhi ki, 1st do. Do. Ka bi na be, 2d do. Do. Ai aw bens, 2d do. Snake River, Sha go bi, 1st do. Chippewa River, Ua be she shi, 1st do. Que way zhan sis, 2d do. Lac Courtulle, Ne na nang eb, 1st do. Do. Be bo kon uen, 2d do. Do. Ki eun zi. 2d do. In presence of Henry Blatchford, Interpreter. Samuel Aehmun, Interpreter. Justin Rice. Charles H. Oakes. William A. Aitkin. William Brewster. Charles M. Borup. Z. Platt C. H. Beaulieu. L. T. Jamison. James P. Scott Cyras MendenhalL L. M. Warren. To the Indian names are subjoined marks. TREATY WITH THE CHIPPEWAS. 1842.594 SCHEDULE OF CLAIMS Schedule of debts of Indians to be paid.Schedule of Examined and allowed by Robert Stuart, commissioner, under the treaty debts of Indians with the Chippewa Indians of the Mississippi and Lake Superior, to be paid, concluded at La Pointe, October 4th 1842, setting forth the names of claimants, and their proportion, of allowance of the seventy-five thousand dollars provided in the fourth article of the aforesaid treaty, for the full satisfaction of their debts, as follows: Name of claim. Name of claimant Proportion of $75,000, set apart in 4th article of treaty. 1 Edward F. Ely $50 80 2 Z. Platt, esq., attorney for George Berkett 484 67 3 Cleveland North Lake Co 1,485 67 4 Abraham W. Williams 75 03 5 William Brewster 2,052 67 This claim to be paid as follows, viz: William Brewster, or order $1,929 77 Charles W. Borup, or order 122 90 $2,052 67 6 George Copway 61 67 7 John Kahbege 57 55 8 Alixes Carpantier 28 58 9 John W. Bell 186 16 10 Antoine Picard 6 46 11 Michael Brisette 182 42 12 Francois Dejaddon 301 48 13 Pierre C. Duvernay 1,101 00 14 Jean Bts. Bazinet 325 46 15 John Hotley 69 00 16 Francois Charette 234 92 17 Clement II. Beaulieu, agent for the estate of Bazil Beaulieu, dec’d 596 84 18 Francois St. Jean and George Bonga 366 84 19 Louis Ladebauche 322 52 20 Peter Crebassa 499 27 21 B. T. Kavanaugh 516 82 22 Augustin Goslin 169 05 23 American Fur Company 13,365 30 This claim to be paid as follows, viz: American Fur Company 12,565 10 Charles W. Borup 800 20 $13,365 30 24 Willliam A. Aitken 935 67 25 James P. Scott 73 41 26 Augustin Bellanger 192 35 27 Louis Corbin 12 57 TREATY WITH THE CHIPPEWAS. 1842.595 Schedule—Continued. No. of claim. Name of claimant. Proportion of $75,000, set apart in 4th article of treaty. Brought forward, $24,350 21 29 George Johnston 35 24 30 Z. Platt, esq., attorney for Sam’l Ashman 1,771 63 31 Z. Platt, esq., attorney for Wm. Johnson 390 27 32 Z. Platt, esq., attorney for estate of Dan’l Dingley 1,991 62 33 Lyman M. Warren 1,566 65 34 Estate of Michael Cadotte, disallowed 35 Z. Platt, esq., attorney for estate of E. Roussain 959 13 36 Joseph Dufault 144 32 37 Z. Platt, esq., attorney for Antoine Mace 170 35 38 Michael Cadotte 205 60 39 Z. Platt, esq., att’y for Francois Gauthier 167 05 40 Z. Platt, esq., att’y for Joseph Gauthier 614 30 41 Z. Platt, esq., attorney for J. B. Uoulle 64 78 42 Jean Bts. Corbin 531 50 43 John Hulbert 209 18 44 Jean Bts. Couvellion 18 80 45 Nicholas Da Couteau, withdrawn 46 Pierre Cotte 732 50 47 W. H. Brockway and Henry Holt, executors to the estate of John Holiday, dec’d 3,157 10 48 John Jacob Astor 27,994 98 This claim to be paid as follows, viz : Charles W. Borup 1,676 90 Z. Platt, esq 2,621 80 John Jacob Astor 23,696 28 $27,994 98 49 Z. Piatt, esq., attorney for Thos. Connor 1,118 60 50 Charles H. Oakes 4,309 21 51 Z. Platt, esq., attorney for Wm. Morrison 1,074 70 52 Z. Platt., esq., att’y for Isaac Butterfield 1,275 56 53 J. B. Van Rensselaer 62 00 54 William Brewster and James W. Abbot 2,067 10 The parties to this claim request no payment be made to either without their joint consent, or until a decision of the case be had, in a court of justice. 55 William Bell 17 62 $75,000 00 ROBERT STUART, *Commissioner*. JNO. HULBERT, *Secretary*. Oct. 11, 1842 Treaty 7 Stat. 596 ARTICLES OF A TREATY Oct. 11, 1842Proclamation, March 23, 1843.Made and concluded at the agency of the Sac and Fox Indians in the Territory of Iowa, between the United States of America, by John Chambers their commissioner thereto specially authorized by the President, and the confederated tribes of Sac and Fox Indians represented by their chiefs, headmen and braves : ARTICLE I. Lands ceded to U. S.The confederated tribes of Sacs and Foxes cede to the United States, forever, all the lands west of the Mississippi river, to which they have any claim or title, or in which they have any interest whatever; reserving a right to occupy for the term of three years from the time of signing this treaty, all that part of the land hereby ceded which lies west of a line running due north and south from the painted or red rocks on the White Breast fork of the Des Moines river, which rocks will be found about eight miles, when reduced to a straight line, from the junction of the White Breast with the Des Moines. ARTICLE II. Payment by U.S. for cession.In consideration of the cession contained in the preceding article, the United States agree to pay annually to the Sacs and Foxes, an interest of five per centum upon the sum of eight hundred thousand dollars, and to pay their debts mentioned in the schedule annexed to and made part of this treaty, amounting to the sum of two hundred and fifty-eight thousand, five hundred and sixty-six dollars and thirty-four cents; and the United States also agree, *First*. Lands to be assigned to Indians for permanent residence.That the President will as soon after this treaty is ratified on their part as may be convenient, assign a tract of land suitable and convenient for Indian purposes, to the Sacs and Foxes for a permanent and perpetual residence for them and their descendants, which tract of land shall be upon the Missouri river, or some of its waters. *Second*. Blacksmiths’ and gunsmiths’ shops, &c.That the United States will cause the blacksmiths and gunsmiths’ tools, with the stock of iron and steel on hand at the present agency of the Sacs and Foxes, to be removed, as soon after their removal as convenient, to some suitable point at or near their residences west of the north and south line mentioned in the first article of this treaty; and will establish and maintain two blacksmiths and two gunsmiths’ shops convenient to their agency, and will employ two blacksmiths, with necessary assistance, and two gunsmiths to carry on the said shops for the benefit of the Sacs and Foxes; one blacksmiths and one gunsmiths’ shop to be employed exclusively for the Sacs, and one of each to be employed exclusively for the Foxes, and all expenses attending the removal of the tools, iron and steel, and the erection of new shops, and the purchase of iron and steel, and the support and maintenance of the shops, and wages of the smiths and their assistants, are to be paid by the tribe, except such portion thereof as they are now *Ante*. pp. 229 & 374.entitled to have paid by the United States, under the 4th article of the treaty made with them on the 4th of August 1824, and the 4th article of the treaty of the 21st of September 1832. And when the said tribes shall remove to the land to be assigned them by the President of the United States, under the provisions of this treaty, the smiths’ shops 596 TREATY WITH THE SACS AND FOXES. 1842. 597 above stipulated for shall be reestablished and maintained at their new residence, upon the same terms and conditions as are above provided for their removal and establishment west of the north and south line mentioned in the first article of this treaty. *Third*. That the President of the United States will as soon as convenient Boundary to be run and marked.after the ratification of this treaty, appoint a commissioner for the purpose, and cause a line to be run north from the painted or red rocks on the White Breast, to the southern boundary of the neutral ground, and south from the said rocks to the northern boundary of Missouri ; and will have the said lines so marked and designated, that the Indians and white people may know the boundary which is to separate their possessions. ARTICLE III. The Sacs and Foxes agree that they will remove to the west side of Removal of Indians.the line running north and south from the painted or red rocks on the White Breast, on or before the first of May next, and that so soon after the President shall have assigned them a residence upon the waters of the Missouri, as their chiefs shall consent to do so, the tribe will remove to the land so assigned them ; and that if they do not remove before the expiration of the term of three years, they will then remove at their own expense; and the United States agree, that whenever the chiefs shall give notice to the Commissioner of Indian Affairs of the time at which they will commence their removal to the land to be assigned them by the President, a quantity of provisions sufficient for their subsistence Provisions for removal.while removing, shall be furnished them at their agency, and an additional quantity, not exceeding one years supply shall be delivered to them upon (heir arrival upon the lands assigned them; the cost and expenses of which supplies shall be retained out of any money payable to them by the United States. ARTICLE IV. It is agreed that each of the principal chiefs of the Sacs and Foxes, Each principal chief to receive $500 annually.shall hereafter receive the sum of five hundred dollars annually, out of the annuities payable to the tribe, to be used and expended by them for such purposes as they may think proper, with the approbation of their agent. ARTICLE V. It is further agreed that there shall be a fund amounting to thirty $30.000 to be retained at each annual payment.thousand dollars retained at each annual payment to the Sacs and Foxes, in the hands of the agent appointed by the President for their tribe, to be expended by the chiefs, with the approbation of the agent, for national and charitable purposes among their people; such as the How to be expended.support of their poor, burying their dead, employing physicians for the sick, procuring provisions for their people in cases of necessity, and such other purposes of general utility as the chiefs may think proper, and the agent approve. And if at any payment of the annuities of the tribe, a balance of the fund so retained from the preceding year shall remain unexpended, only so much shall be retained in addition as will make up the sum of thirty thousand dollars. ARTICLE VI. It is further agreed that the Sacs and Foxes may, at any time, with Application of any portion of annuities.the consent of the President of the United States, direct the application of any portion of the annuities payable to them, under this or any former treaty, to the purchase of goods or provisions, or to agricultural purposes, or any other object tending to their improvement, or calculated to increase the comfort and happiness of their people. 598 TREATY WITH THE SACS AND FOXES. 1842. ARTICLE VII. Certain funds for agricultural purposes. The United States agree, that the unexpended balance of the fund created by the seventh paragraph of the second article of the treaty of the twenty-first of October, 1837, for agricultural purposes, or so much thereof as may be necessary, shall be used and employed in the cultivation of the pattern farm near the present Sac and Fox agency, in the year 1843, for the exclusive use and benefit of the tribe. And they further agree, that such portion of the fund for erecting mills, and supporting millers, specified in the fourth paragraph of the second article of the aforesaid treaty of October 21st, 1837, as may be and remain unexpended on the 1st day of May next, shall be transferred to and made part of the sum designated in the fifth paragraph (as amended) of the article and treaty above named, for breaking up land and other beneficial objects, and become thereafter applicable to the same purposes, as were in the said fifth paragraph, originally intended. ARTICLE VIII. Remains of the late chief Wa-pel-lo to be buried, &c. The Sacs and Foxes have caused the remains of their late distinguished chief Wa-pel-lo to be buried at their agency, near the grave of their lute friend and agent General Joseph M. Street, and have put into the hands of their agent the sum of one hundred dollars to procure a tombstone to be erected over his grave, similar to that which has been erected over the grave of General Street ; and because they wish the graves of their friend and their chief to remain in the possession of the family of General Street, to whom they were indebted in his life-time for many acts of kindness, they wish to give to his widow Mrs. Eliza M. Street one section of land to include the said graves, and the agency-house and enclosures around and near it ; and as the agency house was built at the expense of the United States, the Sacs and Foxes agree to pay them the sum of one thousand dollars the value of said building, assessed by gentlemen appointed by them, and Governor Chambers commissioner on the part of the United States, to be deducted from the first annuity payable to them under the provisions of this treaty. And the Patent to issue to E. M. Street for 640 acres.United States agree to grant to the said Eliza M. Street by one or more patents, six hundred and forty acres of land in such legal subdivisions, as will include the said burial ground, the agency house, and improvements around, and near it, in good and convenient form, to be selected by the said E. M. Street or her duly authorized agent. ARTICLE IX. Treaty binding when ratified. It is finally agreed that this treaty shall be binding on the two contracting parties, so soon as it shall, have been ratified by the President Proviso.and Senate of the United States : *Provided always*, That should the Senate disagree to and reject, alter or amend any portion or stipulation thereof, the same must be again submitted to the Sacs and Foxes, and assented to by them, before it shall be considered valid and obligatory upon them, and if they disagree to such alteration or amendment, thé treaty shall be returned to the Senate for ratification or rejection, in the form in which it was signed. In witness whereof, the said John Chambers, commissioner on the part of the United States, and the undersigned chiefs, braves, and headmen of the Sac and Fox nation of Indians, have hereunto set their hands, at the Sac and Fox agency, in the Territory of Iowa, this eleventh day of October, Anno Domini one thousand eight hundred and forty-two. JOHN CHAMBERS. TREATY WITH THE SACS AND FOXES. 1842. 599 Sacs. Kc o kuk, Ke o kuk, Jr., Wa ca cha, Che kaw que, Ka pon o ka, Pa me kow art, Ap pe noose, Wa pe, Wa sa men, Wis ko pe, As ke po ka won, I o nab, Wish o co ma quo, Pash c pa ho, Ka po ko ma, Tuk quos, Wis co sa, Ka kon we na, Na cote o we na, She wa ke, Mean ai to wa, Muk c nc. Foxes. Pow a shick, Wa co sha she, An au o wit, Ka ka ke, Ma wlia why, Ma cite na ka me quat, Ka ka kc mo, Kish ka naqua hok, Po a tau a quis, Ma ne ni sit, Mai con ne, Pe she she mono, Pe show koa, Puck aw koa, Qua co ho so, Wa pa sha kon, Kis ke kosb, Ale mo ne qua, Cha ko kow a, Wah ko mo wa ta pa, Muk qua gese, Ko ko etch. Signed in presence-of John Beach, U. S. Ind. Agt and Sec’y. Antoine Le Claire, Ü. S. Interpreter. Josiah Swart, U. S. Interpreter. J. Allen, Capt. 1st dragoons. C. F. Ruff Lieut. 1st U. S. dragoons. Arthur Bridgman. Alfred Hebard. Jacob O. Phister. To the Indian names are subjoined marks. SCHEDULE OF DEBTS Due from the confederated tribes of the Sac and Fox Indians to be paid Schedule of debts of Indians to be paid.by the United States under the provisions of a treaty made and concluded. at the Sac and Fox agency in the Territory of Iowa on the eleventh day of October in the year 1842; to which this schedule is annexed as a part thereof. Name of claimant. Place of residence. Amount. Pierre Chouteau, jr. & Co. St. Louis, Missouri, licensed traders $112,109 47 W. G. & G. W. Erving Indiana, do do 66,371 83 J. P. Eddy & Co Ioway, do do 52,332 78 Thomas Charlton Van Buren c’ty, Ioway 76 69 R. B. Willoughby Do do 25 00 Francis Withington Lincoln county, Missouri 4,212 58 Jesse B, Webber Burlington, Ioway 116 60 J. C. Wear Jefferson county, Ioway 50 00 W. C. Cameron, assignee of A. M. Bissel (bankrupt) Burlington 283 14 David Bailey Lincoln c’ty, Missouri 75 00 Thomas W. Bradley Ioway 20 00 John J. Grimes Lincoln c’ty, Missouri 625 00 William Settles Do do 320 00 John S. David Burlington, Ioway 20 00 F. Hancock Van Buren, do 20 00 C. G. Pelton Burlington, do 34 00 J. Tolman Van Buren, do 115 00 J. L. Burtiss Leo county, do 715 00 Isaac A. Lefevre Van Buren, do 348 00 Jeremiah Smith, jr Burlington, do 4,000 00 William & Sampson Smith Jefferson county, do 60 00 John Koontz .............................. 6 50 Carried forward, $241,936 59 600 TREATY WITH THE SACS AND FOXES. 1842. *Schedule—*Continued. Name of claimant. Place of residence. Amount. Brought forward, $841,936 59 Robert Moffet New Lexington, Ioway 129 63 Antoine Leclair Davenport, do 1,375 00 Margaret Price Lee county, do 9 00 Jesse Sutton Van Buren, do 22 00 Jefferson Jordon Do do 175 00 Jeremiah Wayland St. Francisville, Missouri 15 00 Robert Brown, assignee of Cutting & Gordon Van Buren c’ty, Ioway 73 35 William Rowland Do do 460 32 Edward Kilbourne Lee county, do 10,411 80 Perry & Best Do 73 25 P. Chouteau, jr. & Co St. Louis, Missouri 26 00 Job Carter Van Buren c’ty 28 00 Francis Bosseron St. Louis, Mo 26 00 James Jordon Van Buren, Ioway 1,775 00 Sampson Smith do 54 00 Louis Laplant Ioway 122 00 William Phelps Clark county, Missouri 310 00 William B. Street Ioway 300 00 Julia Ann Goodell Do 855 00 George L. Davenport Davenport, Ioway 320 00 G. C. R. Mitchell Do do 100 00 David Noggle Van Buren do 20 00 Amount, $258,566 34 JOHN CHAMBERS, Commissioner on the part of the U. S. Alfred Hebard, Arthur Bridgman, Commissioners appointed by the commission on the part of the U. S. for examining and adjusting claims. APPENDIX I. Entered into, under the sanction of the United States of America, between Robert Morris and the Seneka nation of Indians. 1797-09-15 Agreement 7 Stat. 601 CONTRACT. Entered into, under the sanction of the United States of America, between Robert Morris and the Seneka nation of Indians.Sept. 15, 1797. This indenture, made the fifteenth day of September, in the year of our Lord Contract between Robert Morris and the Senekas one thousand seven hundred and ninety-seven, between the sachems, chiefs, and warriors of the Seneka nation of Indians, of the first part, and Robert Morris, of the city of Philadelphia, Esquire, of the second part: Whereas the Commonwealth of Massachusetts have granted, bargained, and sold unto the said Robert Morris, his heirs and assigns, forever, the pre-emptive right, and all other the right, title, and interest, which the said Commonwealth had to all that tract of land hereinafter particularly mentioned, being part of a tract of land lying within the State of New York, the right of pre-emption of the soil whereof, from the native Indians, was ceded and granted by the said State of New York, to the said Commonwealth: and whereas, at a treaty held under the authority of the United States, with the said Seneka nation of Indians, at Genesee, in the county of Ontario, and State of New York, on the day of the date of these presents, and on sundry days immediately prior thereto, by the honorable Jeremiah Wadsworth, Esquire, a commissioner appointed by the President of the United States to hold the same, in pursuance of the constitution, and of the act of the congress of the United States, in such case made and Act of 1802, ch. 13, § 12. provided, it was agreed, in the presence and with the approbation of the said commissioner, by the sachems, chiefs, and warriors of the said nation of Indians, for themselves and in behalf of their nation, to sell to the said Robert Morris, and to his heirs and assigns, forever, all their right to all that tract of land above recited, and hereinafter particularly specified, for the sum of one hundred thousand Robert Morris to vest $100,000 in bank stock for the use of the Senekas, &c. dollars, to be by the said Robert Morris vested in the stock of the bank of the United States, and held in the name of the President of the United States, for the use and behoof of the said nation of Indians, the said agreement and sale being also made in the presence, and with the approbation of the honorable William Shepard, Esquire, the superintendent appointed for such purpose, in pursuance of a resolve of the General Court of the Commonwealth of Massachusetts, passed the eleventh day of March, in the year of our Lord one thousand seven hundred and ninety-one: now this indenture witnessed, that the said parties, of the first part, for and in consideration of the premises above recited, and for divers other good and valuable considerations them thereunto moving, have granted, bargained, sold, silenced, released, enfoofied, and confirmed; and by these presents do grant, bargain, sell, alien, release, enfoof, and confirm, unto the said party of the second part, his heirs and assigns, forever, all that certain tract of land, except as is hereinafter excepted, lying within the county of Ontario, and State of New York, being part of a tract of land, the right of pre-emption whereby was ceded by the State of New York to the Commonwealth of Massachusetts, by deed of cession executed at Harford, on the sixteenth day of December, in the year of our Lord one thousand seven hundred and eighty-six, being all such part thereof as is not included in the Indian purchase made by Oliver Phelps and Nathaniel Gorham, and bounded as follows, to wit: casterly, Boundary of the lands sold to Robert Morris. by the land confirmed to Oliver Phelps and Nathaniel Gorham by the legislature of the Commonwealth of Massachusetts, by an act passed the twenty-first day of November, in the year of our Lord one thousand seven hundred and eighty-eight; southerly, by the north boundary line of the State of Pennsylvania; westerly, partly by a tract of land, part of the land ceded by the State of Massachusetts 601APPENDIX, I.602 to the United States, and by them sold to Pennsylvania, being a right angled triangle, whose hypothenuse is in or along the shore of lake Erie; partly by lake Erie, from the northern point of that triangle to the southern bounds of a tract of land one mile in width, lying on and along the east side of the strait of Niagara, and partly by the said tract to lake Ontario; and on the north by the boundary line between the United States and the King of Great Britain: excepting, nevertheless, and always reserving out of this grant and conveyance, all such Reservations to the Senekas. pieces or parcels of the aforesaid tract, and such privileges thereunto belonging, as are next hereinafter particularly mentioned, which said pieces or parcels of land so excepted, are, by the parties to these presents, clearly and fully understood to remain the property of the said parties of the first part, in as full and ample manner as if these presents had not been executed: that is to say, excepting and reserving to them, the said parties of the first part, and their nation, one piece or parcel of the aforesaid tract, at Canawagus, of two square miles, to be laid out in such manner as to include the village, extending in breadth one mile along the river; one other piece or parcel at Big Tree, of two square miles, to be laid out in such manner as to include the village, extending in breadth along the river one mile; one other piece or parcel of two square miles at Little Beard's town, extending one mile along the river, to be laid off in such manner as to include the village; one other tract of two square miles, at Squawky Hill, to be laid off as follows, to wit: one square mile to be laid off along the river, in such manner as to include the village, the other directly west thereof and contiguous thereto; one other piece or parcel at Gardeau, beginning at the mouth of Steep Hill creek, thence due east until it strikes the old path, thence south until a due west line will intersect with certain steep rocks on the west side of Genesec river, then extending due west, due north, and due east, until it strikes the first-mentioned bound, enclosing as much land on the west side as on the east side of the river. One other piece or parcel at Kaounddeau, extending in length eight miles along the river and two miles in breadth. One other piece or parcel at Cataraugos, beginning at the mouth of the Eighteen mile or Koghquaugu creek, thence a line or lines to be drawn parallel to lake Erie, at the distance of one mile from the lake, to the mouth of Cataraugos creek, thence a line or lines extending twelve miles up the north side of said creek at the distance of one mile therefore, thence a direct line to the said creek, thence down the said creek to lake Erie, thence along the lake to the first-mentioned creek, and thence to the place of beginning. Also, one other piece at Cataraugos, beginning at the shore of lake Erie, on the south side of Cataraugos creek, at the distance of one mile from the mouth thereof, thence running one mile from the lake, thence on a line parallel thereto to a point within one mile from the Comondauweyca creek, thence up the said creek one mile, on a line parallel thereto, thence on a direct line to the said creek, thence down the same to lake Erie, thence along the lake to the place of beginning. Also one other piece or parcel of forty-two square miles, at or near the Allegenny river. Also, two hundred square miles, to be laid off partly at the Buffalo and partly at the Tannawanta creeks. Also, excepting and reserving to them, the said parties of the first part and their heirs, the privilege of fishing and hunting on the said tract of land hereby intended to be conveyed. And it is hereby understood by and between the parties to these presents, that all such pieces or parcels of land as are hereby reserved, and are not particularly described as to the manner in which the same are to be laid off, shall be laid off in such manner as shall be determined by the sachems and chiefs residing at or near the respective villages where such reservations are made, a particular note whereof to be endorsed on the back of this deed, and recorded therewith, together with all and singular the rights, privileges, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining. And all the estate, right, title, and interest, whatsoever, of them the said parties of the first part and their nation, of, in, and to the said tract of land above described, except as is above excepted, to have and to hold all and singular the said granted premises, with the appurtenances to the said party of the second part, his heirs and assigns, to his and their proper use, benefit, and behoof forever. In witness whereof, the parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written. Robert Morris, by his attorney, Thomas Morris Koycagquahtah, als. Young King, Suonoukshewwan, Konutairo, als. Handsome Lake, Sattakanguyase, als. Two Skiea of a length, Onayawos, or Farmer’s Brother, Soogooyawautau, als. Red Jacket, Gishkaka, als. Little Billy, Kaoundoowana, als. Pollard, Ouneashataikau, or Tall Chief, by his agent Stevenson, Teahdowainggua, als. Thos. Jemison, Ounonggaiheko, als. Infant, Takonnondee, 603APPENDIX, II. Oneghtauguoau, Connawaudeau, Taosstaiefi, Kocentwahka, or Corn Planter, Oosaukaunendauki, als. to Destroy a Town, Soneoowa, alias Parrot Nose, Tonnahookahwa, Howwenuounew, Kounahkaetoue, Taouyaukauna, Woudougoohkta, Sonauhquaukau, Twaunauiyana, Takaunouden, Shequinedaughquo, or Little Beard Jowaa, Saunajee, Tauoiyuquatakausea, Taoundaudish, Tooauqualnda, Ahtaou, Taukooshoondakoo, Kauneskanggo, Soononjuwau, Tonowaniya, or Captain Bullet, Jaahkaaeyas, Taugihshauta, Sukkenjoonau, Ahquatieya, or Hot Bread, Suggonundan, Taunowaintooh, Konnonjoowauna, Soogooeyaudestak, Hautwanauckkau, by Young King, Sauwejuwau, Kaunoobshauwen, Taukonondaugekta, Knouyanaughque, or John Jemlson, Hoiegush, Taknnahquau. To the Indian names are subjoined marks and seals. Sealed and delivered in presence of— Nat. W. Howell, Joseph Ellicott, Israel Chapin, James Rees, Henry Aaron Hills, Henry Abeel, Jasper Parrish, Horation Jones, } Interpreters. Done at a full and general treaty of the Seneka nation of Indians, held at Genese, in the county of Ontario, and State of New York, on the fifteenth day of September, in the year of our Lord one thousand seven hundred and ninety-seven, under the authority of the United States. In testimony whereof, I have hereunto set my hand and seal, the day and year aforesaid. JERE. WADSWORTH,[l. s.] Pursuant to a resolution of the legislature of the Commonwealth of Massachusetts, passed the eleventh day of March, in the year of our Lord one thousand seven hundred and ninety-one, I have attended a full and general treaty of the Seneka nation of Indians, at Genese, in the county of Ontario, when the within instrument was duly executed in my presence by the sachems, chiefs, and warriors of the said nation, being fairly and properly understood and transacted by all the parties of Indians concerned, and declared to be done to their universal satisfaction: I do therefore certify and approve of the same. WM. SHEPARD. Subscribed in presence of— Nat. W. Howell. APPENDIX II. Of claims referred to in the fourth article of the treaty of the 20th September, 1828, with the Pottawatamie Indians. 1828-09-20 Treaty 7 Stat. 603 SCHEDULE. Of claims referred to in the fourth article of the treaty of the 20th September, 1828, with the Pottawatamie Indians.Sept. 20, 1828.Ante, p. 317. Thomas Robb $200, for goods heretofore sold to the Indians. McGeorge $300, for provisions sold to the Indians. Jno. B. Godfroy $200, for goods heretofore sold to the Indians. Jno. P. Hedges $200, for goods heretofore delivered to the Indians. Joseph Allen $145, for horses stolen from him by the Indians while he was surveying. Jean B. Bourre 700, for goods furnished the Indians, a part of them in relation to this treaty. Thomas Forsyth $200, for goods heretofore sold to the Indians. S. Hanna & Co. $100, for goods heretofore sold to the Indians. Gabriel Godfroy, jr., $500, for goods heretofore sold to the Indians. 604APPENDIX, III. Timothy S. Smith $100, for goods heretofore sold to the Indians. W. G. and G. W. Ewings $200, for goods heretofore sold to the Indians. Joseph Bertrand $2,000, for goods heretofore sold to the Indians. To Eleanor Kinzie and her four children, by the late John Kinzie, $3,500, in consideration of the attachment of the Indians to her deceased husband, who was long an Indian trader, and who lost a large sum in the trade by the credits given to them, and also by the destruction of his property. The money is in lieu of a tract of land which the Indians gave the late John Kinzie long since, and upon which he lived. Robert A. Forsyth $1,250, in consideration of the debts due from the Indians to his late father, Robert A. Forsyth, who was long a trader among them, and who was assisted by his son, the present R. A. Forsyth. The money is in lieu of a tract of land which the Indians gave to the late R. A. Forsyth, since renewed to the present R. A. Forsyth, upon which both of them heretofore lived. Jean B. Comparet $500, for goods heretofore sold to the Indians. C. and D. Dousseau $100, for goods heretofore sold to the Indians. F. F. Navarro $100, for goods heretofore sold to the Indians. Francis Paget $100, for goods heretofore sold to the Indians. G. O. Hubbard $200, for goods heretofore sold to the Indians. Alexis Coquillard $200, for goods heretofore sold to the Indians. Amounting, in the whole, to the sum of ten thousand eight hundred and ninety-five dollars. LEW. CASS, PIERRE MENARD. APPENDIX III. Of claims and debts to be paid by the United States for the Chippewa, Ottawa, and Pottawatamie Indians, under the fifth article of the treaty of the 29th July, 1829, with said tribes. 1829-07-29 Treaty 7 Stat. 604 SCHEDULE. Of claims and debts to be paid by the United States for the Chippewa, Ottawa, and Pottawatamie Indians, under the fifth article of the treaty of the 29th July, 1829, with said tribes.July 29, 1829.Ante, p. 320. To Francis Laframboise, for a canoe-load of merchandise taken by the Chippewa and Ottawa Indians of Chab-way-way-gun and the neighbour villages, while frozen up in the lake in the winter of the year 1799, two thousand dollars $2,000 00 To Antoine Ouilmett, for depredations committed on him by the Indians at the time of the massacre of Chicago and during the war, eight hundred dollars 800 00 To the heirs of the late John Kinzie, of Chicago, for depredations committed on him at the time of the massacre of Chicago and at St. Joseph’s, during the winter of 1812, three thousand five hundred dollars 3,500 00 To Margaret Helm, for losses sustained at the time of the capture of Fort Dearborn, in 1812, by the Indians, eight hundred dollars 800 00 To the American Fur Company, for debts owed to them by the United Tribes of Chippewas, Ottowas, and Pottawatamies, three thousand dollars 3,000 00 To Bernardus Laughton, for debts owed to him by same tribes, ten hundred and sixteen dollars 1,016 00 To James Kinzie, for debts owed to him by same, four hundred and eighty-five dollars 485 00 $11,601 00 605APPENDIX, IV. APPENDIX IV. 1837-01-17 Convention and Agreement 7 Stat. 605 ARTICLES OF CONVENTION AND AGREEMENT *Made on the seventeenth day of January,* 1837, *between the undersigned Jan. 17, 1837. chiefs and commissioners duly appointed and empowered by the Choctaw Tribe of red people, and John McLish, Pitman Colbert, James Brown, and James Perry, Delegates of the Chickasaw Tribe of Indians, duly authorized by the chiefs and head-men of said people, for that purpose, subject to the approval of the President and Senate of the United States.* Art. 1. It is agreed by the Choctaws, and the Chickasaws shall have the The Chickasaws to form a District in the Choctaw Country. privilege of forming a District within the limits of their country, to be held on the same terms that the Choctaws now hold it, except the right of disposing of it,—which is held in common with the Choctaws and Chickasaws,—to be called the Chickasaw District of the Choctaw Nation; to have an equal representation in their General Council and to be placed on an equal footing in every other respect with any of the other Districts of said Nation, except a voice in the management of the consideration which is given for these rights and privileges; Their privileges. and the Chickasaw people to be entitled to all the rights and privileges of Choctaws, with the exception of participating in the Choctaw annuities and the consideration to be paid for these rights and privileges and to be subject to the same laws to which the Choctaws are; but the Chickasaws reserve to themselves the sole right and privilege of controlling and managing the residue of their funds as far as is consistent with the late treaty between the said people and the Government of the United States, and of making such regulations and electing such officers for that purpose as they may think proper. Art. 2. The Chickasaw District shall be bounded as follows, viz.: beginning Boundaries of the District. on the north bank of Red River, at the mouth of Island Bayou, about eight or ten miles below the mouth of False Wachtita; thence running north along the main channel of said bayou to its source; thence along the dividing ridge between the Wachtita and Low Blue Rivers to the road leading from Fort Gibson to Fort Wachtita; thence along said road to the line dividing Masha-la-tubbee and Push-meta-haw Districts; thence eastwardly along said district line to the source of Brushy Creek; thence down said creek to where it flows into the Canadian River, ten or twelve miles above the mouth of the South Fork of the Canadian; thence west along the main Canadian River to its source, if in the limits of the United States, or to those limits; and thence due south to Red River and down Red River to the beginning. Art. 3. The Chickasaws agree to pay the Choctaws, as a consideration for Payment for said privileges. these rights and privileges, the sum of five hundred and thirty thousand dollars,—thirty thousand of which, shall be paid at the time and in the manner that the Choctaw annuity of 1837 is paid, and the remaining five hundred thousand dollars to be invested in some safe and secure stocks, under the direction of the Government of the United States, redeemable within a period of not less than twenty years,—and the government of the United States shall cause the interest arising therefrom to be paid annually to the Choctaws, in the following manner: twenty thousand dollars of which to be paid as the present Choctaw annuity is paid, for four years, and the residue to be subject to the control of the General Council of the Choctaws; and after the expiration of the four years the whole of said interest to be subject to the entire control of the said council. Art. 4. To provide for the future adjustment of all complaints or dissatisfaction, Disputes, how to be decided. which may arise to interrupt the peace and harmony which have so long and so happily existed between the Choctaws and Chickasaws, it is hereby agreed by the parties, that all questions relative to the construction of this agreement shall be referred to the Choctaw Agent, to be by him decided; reserving, however, to either party, should it feel itself aggrieved thereby, the rights of appealing to the President of the United States, whose decision shall be final and binding. But as considerable time might elapse before the decision of the President could be had, *in the mean time* the decision of the said Agent shall be binding. 606 Art. 5. It is hereby declared to be the intention of the parties hereto, that Chickasaws and Choctaws to have equal rights equal rights and privileges shall pertain to both Choctaws and Chickasaws to settle in whatever District they may think proper, and to be eligible to all the different offices of the Choctaw Nation, and to vote on the same terms in whatever District they may settle, except that the Choctaws are not to vote, *in anywise*Exception. for officers in relation to the residue of the Chickasaw fund. In testimony whereof, the parties hereto have hereunto subscribed their names and affixed their seals at Doaksville, near Fort Towson, in the Choctaw Country, on the day and year first above written. *Chiefs of the Choctaw Nation.* Thomas Flour, his + Mark Chief of Oaklegalaya District. Nituchachue, his + Mark Chief of Pushmatahau District. Joseph Kincaid, Chief of Musha-la-tubbee District. Nituchachue, his + Mark Nituchachue, his + Mark *Commissioners of the Choctaw Nation.* P. P. Pitchlynn, [l. s.] George W. Haskins, [l. s.] Israel Folsom, [l. s.] R. M. Jones, [l. s.] Silas D. Fisher, [l. s.] Samuel Waraster, [l. s.] John McKinney, his + Mark Ey-ach-a-ho-pa, his + Mark Nathaniel Folsom, his + Mark Louis Brashears, his + Mark James Fletcher, his + Mark George Pusley, his + Mark Captains Oak-chi-o, his + Mark Thomas Hays, his + Mark Pis-tam-bee, his + Mark Ho-lah-ta-ho-ma, his + Mark E-yo-tah, his + Mark Isac Perry, his + Mark No-mah-ham-bee, his + Mark *Chickasaw Delegation.* J. McLish, Pitman Colbert, James his + Mark Brown, James his + Mark Perry, In the presence of Wm. Armstrong, Acting Superintendent, Western Territory Henry R. Carter, Conductor of the Chickasaw Delegation, Josiah S. Doak, Vincent B. Tims, Daniel McCurtain, U. S. Interpreter, R. I. Humphreys, J. T. Sprague, Lieut. U. S. M. Corps. Whereas a Convention or Agreement was made and entered into at Doaksville, in the Choctaw Country, on the seventeenth day of January, eighteen hundred and thirty-seven, by and between the Choctaw and Chickasaw Tribes of Indians, which Convention or Agreement was made subject to the approval of the President and Senate of the United States; And whereas the Senate, by their resolution passed on the twenty-fifth day of February last, did approve of the said Convention or Agreement, Now be it known that I, Martin Van Buren, President of the United States of America, having seen and considered the said Convention or Agreement, do, by these presents, declare that I approve and confirm the same, and every clause and article thereof. Given under my hand, at the City of Washington, the twenty-fourth day of March, in the year of our Lord eighteen hundred and thirty-seven, and of the independence of the United States the sixty-first. M. VAN BUREN. By the President, John Forsyth, Secretary of State. 607APPENDIX V. APPENDIX V. To all and singular io whom these presents shall come, Greeting: 1842-03-17 Proclamation 7 Stat. 607 To all and singular io whom these presents shall come, Greeting:March 17, 1842. Whereas, a treaty was made and concluded at Upper Sandusky, Crawford Treaty with the Wyandott Indians, concluded March 17th, 1842. County, Ohio, on the seventeenth day of March, in the year of our Lord, one thousand eight hundred and forty-two, between John Johnston, Commissioner on the part of the United States, and the chiefs, councillors, and headmen, of the Wyandott Nation of Indians, in full council assembled, on the other part: And whereas, said treaty having been submitted to the Senate for its constitutional action thereon, the Senate did, on the seventeenth day of August, one thousand eight hundred and forty-two, advise and consent to the ratification of said treaty with certain amendments: And whereas, the said Indians did, by their Chiefs and Councillors, in full Council assembled, on the sixteenth day of September, one thousand eight hundred and forty-two, give their free and voluntary assent to the amendments made by the Senate in the resolution aforesaid; which treaty, resolution of the Senate making the amendments to said treaty, and the assent of the Indians to said amendments, are in the words following, to wit: John Tyler, President of the United States of America, by John Johnston, formerly Agent for Indian Affairs, now a citizen of the State of Ohio Commissioner duly authorized and appointed to treat with the Wyandott nation of Indians for a cession of all their lands lying and being within the States of Ohio and Michigan: and the duly constituted chiefs, councillors, and headmen of the said Wyandott nation, in full council assembled, on the other part: have entered into the following articles and conditions, viz.: Article 1. The Wyandott nation of Indians do hereby cede to the United Wyandotts cede residue of their lands in Ohio and Michigan. States all that tract of land situate, lying, and being in the County of Crawford and State of Ohio, commonly known as the residue of the large reserve, being all of their remaining lands within the State of Ohio, and containing one hundred and nine thousand one hundred and forty-four acres, more or less. The said nation also hereby cedes to the United States all their right and title to the Wyandott Reserve on both sides of the river Huron in the State of Michigan, containing four thousand nine hundred and ninety-six acres, be the same more or less, being all the remaining lands claimed or set apart for the use of the Wyandotts within the State of Michigan; and the United States hereby United States to pay $500 towards removing Indians. promises to pay the sum of five hundred dollars towards the expenses of removing the Indians of the river Huron to Upper Sandusky, but before the latter clause of this article is binding on the contracting parties, the consent of the headmen of the river Huron Wyandotts is to be had in writing. Article 2. In consideration of the foregoing cession, the United States United States grant the Wyandotts lands west of the Mississippi. (See amendments by the Senate.) hereby grant to the aforesaid Wyandott nation, a tract of land west of the Mississippi River, in a square or oblong form, as the chiefs of said nation may prefer, to contain one hundred and forty-eight thousand acres, and to be located upon any lands owned by the United States, now set apart, or [which] may in future be set apart for Indian use, and not already assigned to any other tribe or nation, and the United States having reserved three sections of land of six hundred and forty acres each within the Shawanoes Territory immediately below the junction of Kanza River with the Missouri, for the purposes of erecting a Fort thereon, and it being no longer necessary to be retained for that use, they are hereby ceded to the said Wyandott nation, both of these cessions to be made in fee-simple to the Wyandotts, and to their heirs forever. Article 3. The United States agree to pay the Wyandott nation a perpetual United States to pay to the Wyandotts a perpetual annuity of $17,500. annuity of seventeen thousand five hundred dollars in specie, the first payment to be made within the present year, 1842, to enable the nation the more speedily to remove to their new home in the west; this includes all former annuities. Article 4. The United States agree to make a permanent provision of five United States to make permanent provision for a school. hundred dollars per annum, for the support of a school, to be under the direction of the chiefs, and for no other purpose whatever, the first payment to be 608 made three years hence, and afterwards at the payment of the annuity in each succeeding year. Article 5. The United States agree to pay the Wyandotts the full value of United States to pay the Wyandotts for their improvements. their improvements in the country hereby ceded by them in Ohio and Michigan. Which valuation shall be made by two persons to be appointed by the President of the United States, who shall be sworn faithfully to do justice to the parties, the amount of such valuation to be paid at any time after the 1st day of April, 1843, as shall be acceptable to the Wyandott chiefs, to meet their arrangements for emigrating. Article 6. The United States hereby agree to pay the debts due by members United States to pay debts of Wyandotts.(See amendment by the Senate.) of the Wyandott nation to the citizens of the United States, amounting to dollars in conformity to a schedule hereto annexed.** Debts are not all in, the schedule will be prepared and forwarded os soon as possible; the amount is estimated not to exceed $20,000. Article 7. The Wyandotts shall be allowed the use and occupancy of their Wyandotts may use their improvements till 1st April, 1844. improvements until the 1st of April, 1844, on condition that they nor any persons claiming or occupying under them by lease or otherwise shall not commit waste or damage on the premises hereby ceded, but this is not to prevent the United States from surveying and selling the land at any time previous to the said 1st day of April, 1844. Article 8. The United States engage to provide and support a blacksmith United States to provide a blacksmith, &c. and an assistant blacksmith for the Wyandott nation, and to furnish annually a sufficient quantity of iron, steel, coals, tiles, tools, and all other things necessary and proper in such an establishment, and to erect a suitable shop and house or houses for the residence of the blacksmith and his assistant. Article 9. The United States engage to maintain and support a sub-agent United States to maintain a sub-agent and interpreter. and interpreter to reside among the Wyandotts, to aid them in the protection of their persons and property, and to manage their intercourse with the Government and citizens of the United States. Article 10. The buildings and farm occupied by the mission of the Methodist Methodist mission to retain possession till 1st April, 1844, &c. Episcopal Church shall remain in possession of the present incumbents until the 1st day of April, 1844, and permission is hereby given to harvest and remove the crop of fall grain which may be then sown. Article 11. All persons identified as members of the Wyandott nation, and Only Wyandotts who emigrate entitled to benefits of the annuity, &c. their heirs, and who may emigrate to the west, shall participate equally in the benefits of the annuity, and all other national privileges, and it is expressly understood that those who do not emigrate, and any that may hereafter cease to remain with the nation, will not be entitled to the benefits and privileges aforesaid. Article 12. Whereas by the 5th article of the treaty of Miami Rapids Land bequeathed to Squeendehte and Sooharress, or Isaacs Williams, to be sold, and the proceeds paid over to them. of September 29th, 1817, there was granted unto Horonu or Cherokee boy, a Wyandott chief, one section of land to contain six hundred and forty acres, and whereas, the said Horonu did during his lifetime sell and convey to James Whitaker, one quarter section of said land containing 160 acres, which sale was confirmed by the President of the United States. The said Horonu died in the month of March, 1826, having by his last will bequeathed the remaining three quarter sections, containing 480 acres to Squendelucte and Sooharress or Isaac Williams, they being the nearest of kin to the deceased, now to the intent that the purposes of the testator may be fully complied with, it is hereby agreed that the 480 acres of land as aforesaid shall be immediately sold under the direction of the President of the United States, and the net proceeds, after deducting full expenses, be paid over to the heirs aforesaid. Article 13. The chiefs of the Wyandott nation hereby agree to remove Wyandotts to remove without other cost to the United States than $10,000. their whole people to the west of the Mississippi River without any other cost to the United States than the sum of ten thousand dollars. Five thousand dollars of which is to be paid the said chiefs when the first detachment of their people sets out on their journey to the west, and the remaining five thousand dollars on the arrival of the whole nation at the place of their destination in the west. Article 14. The United States agree to grant by patent in fee-simple to United States to grant a section of land to the persons here named.(See amendment by the Senate.) each of the following named persons, and their heirs, all of whom are Wyandotts, by blood or adoption, one section of land of six hundred and forty acres each out of any lands west of the Mississippi River set apart for Indian use, not already claimed or occupied by any person or tribe, viz.: Silas Armstrong, John M. Armstrong, Matthew R. Walker, William Walker, Joel Walker, Charles B. Garrett, George Garrett, George J. Clark, Irwin P. Long, Ethan A. 609 Long, Joseph L. Tennery, Robert Robertaile, Jared S. Dawson, Joseph Newell, John T. Walker, Peter D. Clark, James Rankin, Samuel McCulloch, Elliot McCulloch, Isaiah Walker, William M. Tennery, Henry Clay Walker, Ebenezer Z. Reed, and Joel Walker Garrett, and to the following chiefs and councillors one section each: Francis A. Hicks, James Washington, Squeendehtee, Henry Jaques, Tauroonee, Doctor Grey Eyes, George Armstrong, Warpole, John Hicks, Peacock, and George Punch. The lands hereby granted to be selected by the grantees, surveyed and patented at the expense of the United States, but never to be conveyed by them or their heirs without the permission of the President of the United States. Article 15. The United States agree to pay to William Walker and Joel Payments to be made by the United States to certain persons. Walker each the sum of two hundred and fifty dollars, and to John M. Armstrong one hundred and fifty dollars, for services rendered as interpreters in the progress of the negotiation; and to Warpole, a former chief of the Wyandot nation, one hundred and fifty dollars, money expended by him as one of the party who accompanied Joseph McCutchen, a former Commissioner of the United States to the city of Washington in September, 1839. Article 16. In the year 1812, the houses, barns, stables, fences, horses, C. Walker, widow of W. Walker, to be paid $3,000 for property destroyed. cattle, and hogs, with farming utensils and household furniture to a large amount, the property of the late William Walker, of Brownstown in the Territory of Michigan, was destroyed by the enemy, while in the occupancy of the United States forces; and by reason of his attachment to the cause of his country, being a native citizen taken prisoner in early life by the Wyandot Indians, intermarried and ever after living among them, the evidence of all which is ample and conclusive. There is, therefore, granted unto Catherine Walker, widow of the said William Walker, and to his heirs, the sum of three thousand dollars, in full satisfaction of their claim, to be paid by the United States to her or them, after the ratification of this treaty. Article 17. There shall be reserved from sale and for ever devoted to public Lots to be reserved for interment and houses of worship. use, two acres of ground as near as can be in a square form, to include the stone meeting house and burying ground near to and north of Upper Sandusky, one acre to include the burying ground on the bank near the council house at Upper Sandusky, and one half acre to include the burying ground on the farm of Silas Armstrong, which several lots of ground shall for ever remain open and free to all persons for the purpose of interment, and houses of worship, and for no other purposes whatever. Article 18. This treaty shall take effect and be obligatory on the contracting Treaty to take effect when ratified. parties, as soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof. In testimony whereof, the said John Johnston, commissioner as aforesaid, and Signed March 17th, 1842. the chiefs, and councillors, and headmen, of the Wyandot nation, in open council at the council house, at Upper Sandusky, in the County of Crawford, and the State of Ohio, on the seventeenth day of March, in the year of our Lord one thousand eight hundred and forty-two, have set their names. JOHN JOHNSTON. [seal.] Fran A. Hicks, Principal Chief, James Washington, Squeeandehtee, Henry Jaquis, Tauroomee, George Armstrong, Doctor Grey Eyes. To all the names excepting Johnston’s and Hicks are subjoined marks. Signed in presence of us: John W. Bear, Sub Indian Agent, James Rankin, United States Interpreter, G. C. Worth, John Carey, Samuel Newell, Stephon Fowler, Chas. Graham, John Walker, Chester Wells, J. Duddleson, Andrew Gardner, Jr., John Justus. In Senate or the United States, *August* 17, 1842. Resolved, Two thirds of the Senators present concurring therein, that the Resolution of the Senate advising and consenting to the ratification of the treaty with certain amendments. Senate advise and consent to the ratification of the treaty between the United States of America and the Wyandot Nation of Indians, concluded at Upper 610 Sandusky, Crawford County, Ohio, on the 17th March, 1842, with the following amendments: Article 2. Lines 4 and 5, strike out the words, “in a square or oblong form, as the chiefs of said nation may prefer.” Article 2. From the word nation, in line 10, strike out to the end of that article the following words: “and the United States having reserved three sections of land, of six hundred and forty acres each, within the Shawanoese territory, immediately below the junction of the Kanza river with the Missouri, for the purpose of erecting a fort thereon; and it being no longer necessary to be retained for that use, they are hereby ceded to the said Wyandott nation, both of these cessions to be made in fee simple to the Wyandotts and to their heirs for ever.” Article 6. Insert in the blank line 4, the following words: *twenty-three thousand eight hundred and sixty*. Article 14. Line 6, strike out “Mississippi” and insert *Missouri*. Attest:(Signed,)ASBURY DICKINS,*Secretary*. We, the undersigned chiefs and councillors of the Wyandott Nation of Indians Assent of the Wyandotts to the amendments made by the Senate. residing in the State of Ohio, and representing also the Wyandotts of the river Huron in Michigan, do hereby give our free and voluntary assent to the foregoing amendments made by the Senate of the United States, on the 17th day of August, one thousand eight hundred and forty-two, to the treaty concluded by us with the United States, on the 17th day of March, 1842, the same having been submitted and fully explained to us by John Johnston, Commissioner on the part of the United States, for that purpose, in full council assembled. In testimony whereof, we have hereunto set our hands and affixed our seals, respectively at Upper Sandusky, Ohio, the sixteenth day of September, one thousand eight hundred and forty-two, 1842. Henry Jacques, Principal Chief, this year, James Washington, Doctor Grey Eyes, George Punch, Sen., Tnuroomee, James Bigtree Francis A. Hicks, To the Indian names are subjoined marks and seals. In presence of us: John Johnston, U. S. Commissioner, James Rankin, U. S. Interpreter, John Carey, Joseph Chaffee, James Wheeler, Missionary to the Methodist Episcopal Churoh, Wyandotts, William M. Buell, Chas. Graham, H. J. Starr. Now, therefore, be it known, that I, JOHN TYLER, President of the United Treaty ratified October 5th, 1842. States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the seventeenth day of August, one thousand eight hundred and forty-two, accept, ratify, and confirm the said treaty, with the amendments set forth in the said resolution. In testimony whereof, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand. Done at the City of Washington, the fifth day of October, in the year [l. s.] of our Lord, one thousand eight hundred and forty-two, and of the Independence of the United States the sixty-seventh. JOHN TYLER. By the President: Fletcher Webster, *Acting Secretary of State.*
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  • 7 Stat. 536
  • 7 Stat. 538
  • 7 Stat. 540
  • 7 Stat. 542
  • 7 Stat. 543
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